[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24114-24115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11549]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-5983-3]


Technical Amendments to Approval and Promulgation of Air Quality 
Implementation Plans; State of Delaware: Open Burning and Non-CTG RACT 
Regulations; Correction of Effective Date Under Congressional Review 
Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction of effective date under CRA.

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SUMMARY: On March 12, 1997 (62 FR 11329), the Environmental Protection 
Agency published in the Federal Register a direct final rule concerning 
the approval of a State Implementation Plan (SIP) revision submitted by 
the State of Delaware, consisting of two control measures to reduce 
volatile organic compound (VOC) emissions, which established an 
effective date of May 12, 1997. This document corrects the effective 
date of the rule to May 1, 1998 to be consistent with sections 801 to 
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 DATES: This rule is effective on May 1, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Eagles, Office of Air, at (202) 
260-5585.

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 Officer (GAO). EPA recently

[[Page 24115]]

discovered that it had inadvertently failed to submit the above rule as 
required; thus, although the rule was promulgated on the date stated in 
March 12, 1997, Federal Register document, by operation of law, the 
rule did not take effect on May 12, 1997, as stated therein. Now that 
EPA has discovered its error, the rule has been 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.
    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 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 March 12, 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 March 12, 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 May 1, 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 substantial requirements contained in the 
rule. Accordingly, to the extent it is available, judicial review is 
limited to the amended effective date.

    Dated: April 22, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-11549 Filed 4-30-98; 8:45 am]
BILLING CODE 6560-50-M