[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Rules and Regulations]
[Page 13346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7137]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FRL-5983-7]
Technical Amendments to Clean Air Act Interim Approval of
Operating Permits Program; Commonwealth of Virginia; 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 June 10, 1997 (62 FR 31516), the Environmental Protection
Agency published in the Federal Register a final rule granting interim
approval, pursuant to Title V of the Clean Air Act, of the operating
permits program which the Commonwealth of Virginia had submitted for
the purpose of complying with federal requirements for an approvable
state program to issue operating permits to all major stationary
sources, and to certain other sources. The June 10, 1997, document
stated that the interim approval would be effective July 10, 1997. This
document corrects the effective date of the interim approval to March
12, 1998, 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.
EFFECTIVE DATE: This interim approval is effective on March 12, 1998.
FOR FURTHER INFORMATION CONTACT:
Tom Eagles, OAR, at (202) 260-9766.
SUPPLEMENTARY INFORMATION:
A. Background
Section 801 of the CRA precludes a rule from taking effect until
the agency promulgating the rule submits a rule report, which includes
copy of the rule, to each House of the Congress and to the Comptroller
General of the General Accounting Office (GAO). The EPA recently
discovered that it had inadvertently failed to submit the above rule as
required; thus, although the rule was promulgated June 10, 1997, by
operation of law, the rule did not take effect on July 10, 1997, as
stated therein. Now that EPA has discovered its error, EPA is
submitting the rule to both Houses of Congress and the GAO. This
document amends the effective date of the rule consistent with the
provisions of the CRA.
Section 553(b) of the Administrative Procedure Act, 5 U.S.C.
553(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 mater. Thus, notice and public procedure
are unnecessary. The Agency finds that this constitutes good cause
under 5 U.S.C. 553(b). Moreover, since today's action does not create
any new regulatory requirements and affected parties have known of the
underlying rule since June 10, 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).
B. 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, to the extent they applied, is discussed in the June
10, 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),
the Agency finds that there is good cause to make this rule effective
on March 12, 1998, for the reasons stated previously. 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 the amendment.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: March 12, 1998.
Carol M. Browner,
Administrator.
For reasons set out in the preamble, Appendix A to part 70 of title
40, chapter I, of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Appendix A to part 70 is amended by revising paragraph (a) in
the entry for Virginia to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Virginia
(a) The Commonwealth of Virginia's Title V operating permit and
fee program regulations submitted on September 10, 1996, the acid
rain operating permit regulations submitted on September 12, 1996,
and the non-regulatory operating permit program provisions submitted
on November 12, 1993, January 14, 1994, January 9, 1995, May 17,
1995, February 6, 1997, and February 27, 1997; interim approval
effective on March 12, 1998; interim approval expires on March 12,
1999.
* * * * *
[FR Doc. 98-7137 Filed 3-18-98; 8:45 am]
BILLING CODE 6560-50-M
