[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Rules and Regulations]
[Pages 33021-33022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-6363-6]


Technical Amendments to Approval and Promulgation of 
Implementation Plans: Oregon; Correction of Effective Date Under CRA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date under CRA.

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SUMMARY: On July 24, 1998 (63 FR 39743 ), the Environmental Protection 
Agency published in the Federal Register a direct final rule approving 
revisions to the Oregon State Implementation Plan, which established an 
effective date of September 22, 1998. EPA promulgated that revision to 
satisfy the requirements of section 110 of the Clean Air Act (CAA) and 
40 CFR part 51. In this document, EPA is correcting the effective date 
of the July 24, 1998 rule to June 21, 1999 to be consistent with 
sections 801 and 808 of the Congressional Review Act (CRA), enacted as 
part of the Small Business Regulatory Enforcement Fairness Act, 5 
U.S.C. 801, 808.

EFFECTIVE DATE: June 21, 1999.

FOR FURTHER INFORMATION CONTACT: Rindy Ramos (206) 553-6510

SUPPLEMENTARY INFORMATION:

I. Background

    Section 801 of the CRA precludes a rule from taking effect until 
the agency promulgating the rule submits a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States (GAO). In the July 24, 1998 
direct final rule, EPA erroneously concluded that the rule was a rule 
of particular applicability, and thus, was not subject to the CRA. EPA 
now has determined that the July 24, 1998 rule is subject to the CRA 
because it is a rule of general applicability; thus, although the rule 
was promulgated on July 24, 1998, the action did not take effect on 
September 22, 1998 as originally stated. After we discovered our error, 
we submitted the rule to both Houses of Congress and the GAO on April 
28, 1999. This document amends the effective date of the rule 
consistent with the provisions of the CRA.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable,

[[Page 33022]]

unnecessary or contrary to the public interest, an agency may issue a 
rule without providing notice and an opportunity for public comment. 
EPA has determined that there is good cause for making today's rule 
final without prior proposal and opportunity for comment because EPA 
merely is correcting the effective date of the promulgated rule to be 
consistent with the congressional review requirements of the 
Congressional Review Act as a matter of law and has no discretion in 
this matter. Thus, notice and public procedure are unnecessary. The 
Agency finds that this constitutes good cause under 5 U.S.C. 553(b)(B). 
Moreover, since today's action does not create any new regulatory 
requirements and affected parties have known of the underlying rule 
since July 24, 1998, EPA finds that good cause exists to provide for an 
immediate effective date pursuant to 5 U.S.C. 553(d)(3) and 808(2).

II. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 FR 58093, October 28, 1993) or Executive 
Order 13084 (63 FR 27655 (May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not subject to E.O. 13045 because it does not establish an 
environmental standard intended to mitigate health or safety risks.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of June 21, 1999. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).
    This action only amends the effective date of the underlying rule; 
it does not amend any substantive requirements contained in the rule. 
Accordingly, to the extent it is available, judicial review is limited 
to the amended effective date. Under section 307(b)(1) of the Clean Air 
Act, petitions for judicial review of the action must be filed in the 
United States Court of Appeals for the appropriate circuit by August 
20, 1999.

    Dated: June 14, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-15542 Filed 6-18-99; 8:45 am]
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