[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9944-9945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4940]
[[Page 9944]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[FRL-5963-8]
Technical Amendments to National Emission Standards for Hazardous
Air Pollutant Emissions: Group IV Polymers and Resins; Correction of
Effective Date Under Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date under CRA.
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SUMMARY: On September 12, 1996 (61 FR 48207), the Environmental
Protection Agency published in the Federal Register a final rule
promulgating national emission standards for hazardous air pollutants
(NESHAP) from existing and new plant sites that emit organic hazardous
air pollutants (HAP) identified on the EPA's list of 189 HAP during
manufacture of Group IV polymers and resins. The September 12, 1996,
document stated the rule would be effective September 12, 1996. On
January 14, 1997, and June 6, 1997, EPA amended this rule to change
some of the compliance dates. This document corrects the effective date
of the rule to February 27, 1998 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 and 808, and
amends certain compliance dates.
EFFECTIVE DATE: This rule is effective on February 27, 1998.
FOR FURTHER INFORMATION CONTACT: Tom Eagles, OAR, at (202) 260-9766
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 Congress and to the Comptroller
General of the General Accounting Office (GAO). EPA recently discovered
that it had inadvertently failed to submit the above rule as required;
thus, although the rule was promulgated September 12, 1996, by
operation of law, the rule did not take effect on September 12, 1996,
as stated therein. The two documents of January 14, 1997, and June 6,
1997, however, were submitted to Congress and GAO as required under
CRA. Now that EPA has discovered its error, the rule is being submitted
to both Houses of Congress and the GAO. This document amends the
effective date of the rule consistent with the provisions of the CRA.
Certain compliance dates in the September 12, 1996, final rule were
amended in a direct final rule published January 14, 1997 (62 FR 1835)
which was effective on March 5, 1997, and by a direct final rule
published June 6, 1997, (62 FR 30993) which was effective on July 27,
1997. Because of the change in the effective date of the September 12,
1996, final rule made in this document, the compliance dates for new
affected sources in 40 CFR 63.1311(b), and existing affected sources in
40 CFR 63.1311(d) and (d)(1), are being amended to be the effective
date of this amendment. Except to the extent compliance dates are
amended by this document, the compliance dates in the September 12,
1996, final rule, as amended by the January 14, 1997, and June 6, 1997,
direct final rules, remain unchanged.
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, 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 and compliance dates 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, and because EPA must amend certain compliance dates as a
result of the amended effective date. 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 September 12, 1996, 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 or contain any
unfunded mandate as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4), or require prior consultation with State
officials as specified by Executive Order 12875 (58 FR 58093, October
28, 1993), 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.).
EPA's compliance with these statutes and Executive Orders for the
underlying rule is discussed in the September 12, 1996, Federal
Register document.
Pursuant to 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, 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
General Accounting Office; however, in accordance with 5 U.S.C. 808(2),
this rule is effective on February 27, 1998. This rule is not a ``major
rule'' as defined in 5 U.S.C. 804(2).
This final rule only amends the effective date of the underlying
rule and related compliance dates; 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 dates. Pursuant to
section 307(b)(1) of the Clean Air Act, challenges to this amendment
must be brought within 60 days of publication of the amendment.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: February 6, 1998.
Carol Browner,
Administrator.
For reasons set out in the preamble, part 63 of title 40, chapter
I, of the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 63.1311 is amended by revising paragraphs (b), (d)
introductory text, and (d)(1) introductory text to read as follows:
[[Page 9945]]
Sec. 63.1311 Compliance schedule and relationship to existing
applicable rules.
* * * * *
(b) New affected sources that commence construction or
reconstruction after March 29, 1995, shall be in compliance with this
subpart upon initial start-up or February 27, 1998, whichever is later,
as provided in Sec. 63.6(b), except that new affected sources whose
primary product, as determined using the procedures specified in
Sec. 63.1310(f), is poly(ethylene terephthalate) (PET) shall be in
compliance with Sec. 63.1331 upon initial start-up or by September 12,
1999, whichever is later.
* * * * *
(d) Except as provided for in paragraphs (d)(1) through (d)(6) of
this section, existing affected sources shall be in compliance with
Sec. 63.1331 no later than February 27, 1998 unless a request for a
compliance extension is granted pursuant to section 112(i)(3)(B) of the
Act, as discussed in Sec. 63.182(a)(6).
(1) Compliance with the compressor provisions of Sec. 63.164 shall
occur no later than February 27, 1998 for any compressor meeting one or
more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iii) of
this section if the work can be accomplished without a process unit
shutdown, as defined in Sec. 63.161:
* * * * *
[FR Doc. 98-4940 Filed 2-26-98; 8:45 am]
BILLING CODE 6560-50-P
