99-15542. Technical Amendments to Approval and Promulgation of Implementation Plans: Oregon; Correction of Effective Date Under CRA  

  • [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]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
6/21/1999
Published:
06/21/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule; correction of effective date under CRA.
Document Number:
99-15542
Dates:
June 21, 1999.
Pages:
33021-33022 (2 pages)
Docket Numbers:
FRL-6363-6
PDF File:
99-15542.pdf
CFR: (1)
40 CFR 52