[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Rules and Regulations]
[Pages 7290-7291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3754]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-5963-9]
Technical Amendments to Clean Air Act Reclassification; Arizona-
Phoenix Nonattainment Area; Ozone; Correction of Effective Date Under
Congressional Review Act (CRA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction of effective date under CRA.
-----------------------------------------------------------------------
SUMMARY: On November 6, 1997 (62 FR 60001), the Environmental
Protection Agency published in the Federal Register a final rule
finding that the Phoenix nonattainment area (Maricopa County, Arizona)
has not attained the 1-hour ozone national ambient air quality standard
(NAAQS) by the applicable attainment date in the Clean Air Act (CAA)
for moderate ozone nonattainment areas, which established an effective
date of December 8, 1998. The rule stated that revisions to the State
Implementation Plan (SIP) are due by December 8, 1998. This document
corrects the effective date of the rule to February 13, 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. This document does not change the
December 8, 1998, SIP revision submission date.
[[Page 7291]]
EFFECTIVE DATE: This rule is effective on February 13, 1998.
FOR FURTHER INFORMATION CONTACT: Elizabeth Armour, EPA Region IX, at
(415) 744-1730.
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 on November 6, 1997, Federal
Register document, by operation of law, the rule did not take effect on
December 8, 1998, as stated therein. 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.
The November 6, 1997, rule specifies that a revised SIP to meet the
serious area requirements is due to be submitted by December 8, 1998,
based on the need to meet the deadline for the attainment date for
serious areas--November 19, 1999. Since the change in effective date of
the rule has no impact on the reasons EPA established the December 8,
1998, revised SIP submission date, and since the State has been on
notice of this action since the November 6, 1997, final rule was
published in the Federal Register, EPA is not changing the December 8,
1998, deadline for submitting SIP revisions.
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 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 November 6,
1997, 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 November 6, 1997, 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 13, 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; 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. 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.
Dated: February 6, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-3754 Filed 2-12-98; 8:45 am]
BILLING CODE 6560-50-P
