[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24453-24454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 281

[FRL-5981-2]


Technical Amendments to District of Columbia; Final Approval of 
State Underground Storage Tank Program; Correction of Effective Date 
Under Congressional Review Act (CRA)

AGENCY: Enviornmental Protection Agency (EPA).

ACTION: Notice of final determination on the District of Columbia's 
application for program approval; correction of effective date under 
CRA.

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SUMMARY: On July 9, 1997 (62 FR 36698), the Environmental Protection 
Agency published in the Federal Register a notice of final 
determination on the District of Columbia's application for program 
approval concerning the District of Columbia's application for approval 
of its underground storage tank program under Subtitle I of the 
Resource Conservation and Recovery Act (RCRA), which established an 
effective date of August 8, 1997. This document corrects the effective 
date of the rule to May 4, 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.

EFFECTIVE DATE: This rule is effective on May 4, 1998.

FOR FURTHER INFORMATION CONTACT: Barbara Hostage, Office of Solid Waste 
and Emergency Response at (202) 260-7979.

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 the date stated in the July 
9, 1997, Federal Register document, by operation of law, the July 9, 
1997, rule did not take effect on August 8, 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. 
533(b)(B),

[[Page 24454]]

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 July 9, 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).
    Because the delay in the effective date was caused by EPA's 
inadvertent failure to submit the rule under the CRA, EPA does not 
believe that affected entities that acted in good faith relying upon 
the effective date stated in the July 9, 1997, Federal Register should 
be penalized if they were complying with the rule as promulgated.

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 under 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 July 9, 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 4, 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.

    Dated: April 22, 1998.
Carol Browner,
Administrator.
[FR Doc. 98-11543 Filed 5-1-98; 8:45 am]
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