Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations 24435

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

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. 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 rule is not a

‘‘major’’ rule as defined by 5 U.S.C.

§ 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 6, 1998.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Carbon monoxide, Particulate matter,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Arizona was approved by the Director of the

Federal Register on July 1, 1982.

Dated: March 20, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart D—Arizona

2. Section 52.120 by adding paragraph

(c)(82)(i)(E) to read as follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(82) * * *

(i) * * *

(E) Maricopa County.

(1) Ordinance P–7, Maricopa County

Trip Reduction Ordinance, adopted May

26, 1994.

* * * * *

[FR Doc. 98–11759 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5980–9]

Technical Amendments to Approval

and Promulgation of Implementation

Plans; Minnesota; Correction of

Effective Date Under Congressional

Review Act (CRA)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; correction of

effective date under CRA.

SUMMARY: On July 22, 1997 (62 FR

39120), the Environmental Protection

Agency published in the Federal

Register a direct final rule approving a

revision to the Minnesota State

Implementation Plan (SIP) for the Saint

Paul particulate matter (PM)

nonattainment area located in Ramsey

County, Minnesota, which established

an effective date of September 22, 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:

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 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 22, 1997, Federal Register

document, by operation of law, the rule

did not take effect on September 22,

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

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 22, 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
24436 Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 /Rules and Regulations

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 July 22, 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. 98–11542 Filed 5–1–98; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60 and 63

[AD–FRL–6003–7]

RIN 2060–AH94

Standards of Performance for New

Stationary Sources: General

Provisions; National Emission

Standards for Hazardous Air Pollutants

for Source Categories: General

Provisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action amends the

General Control Device Requirements

applicable to flares in 40 CFR Part 60

which were issued as a final rule on

January 21, 1986, and the Control

Device Requirements applicable to

flares in 40 CFR Part 63 which were

issued as a final rule on March 16, 1994.

This action amends existing

specifications to permit the use of

hydrogen-fueled flares. For additional

information concerning comments, see

the parallel proposal found in the

Proposed Rules Section of this Federal

Register.

DATES: This direct final rule is effective

June 23, 1998 without further notice

unless the Agency receives relevant

adverse comments by June 3, 1998.

Should the Agency receive such

comments, it will publish a document

withdrawing this rule. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of June 23, 1998.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),

Attention Docket No. A–97–48 (see

docket section below), Room M–1500,

U.S. Environmental Protection Agency,

401 M Street S.W., Washington, D.C.

20460. The EPA requests that a separate

copy also be sent to Mr. Robert

Rosensteel (see FOR FURTHER

INFORMATION CONTACT section for

address). Comments may also be

submitted electronically by following

the instructions provided in the

SUPPLEMENTARY INFORMATION section. No

Confidential Business Information (CBI)

should be submitted through electronic

mail.

Docket. The official record for these

amendments has been established under

docket number A–97–48. A public

version of this record, including

printed, paper versions of electronic

comments and data, which does not

include any information claimed as CBI,

is available for inspection between 8

a.m. and 4 p.m., Monday through

Friday, excluding legal holidays. The

official rulemaking record is located at

the address in the ADDRESS section.

Alternatively, a docket index, as well as

individual items contained within the

docket, may be obtained by calling (202)

260–7548 or (202) 260–7549. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Rosensteel, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, North Carolina 27711,

telephone number (919) 541–5608.

SUPPLEMENTARY INFORMATION:

Electronic Filing

Electronic comments and data can be

sent directly to EPA at: a-and-rdocket@epamail.epa.gov. Electronic

comments and data must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Comments and data will

also be accepted on diskette in Word

Perfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number A–97–48. Electronic

comments may be filed online at many

Federal Depository Libraries.

Electronic Availability

This document is available in Docket

No. A–97–48, or by request from the

EPA’s Air and Radiation Docket and

Information Center (see ADDRESSES), and

is available for downloading from the

Technology Transfer Network (TTN),

the EPA’s electronic bulletin board

system. The TTN provides information

and technology exchange in various

areas of emissions control. The service

is free, except for the cost of a telephone

call. Dial (919) 541–5742 for up to a

14,000 baud per second modem. For

further information, contact the TTN

HELP line at (919) 541–5384, from 1:00

p.m. to 5:00 p.m., Monday through

Friday, or access the TTN web site at:

www.epa.gov/ttn/oarpg/rules.html.

Regulated Entities

Entities affected by this direct final

rule include:

Category Examples of regulated entities

Industry .... Synthetic Organic Chemical

Manufacturing Industries; and

Petroleum Refining Industries.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. This table lists

the types of entities that the EPA is now

aware could potentially be affected by

this action. Other types of entities not

listed in the table could also be affected.

If you have any questions regarding the

applicability of this direct final rule to

a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

The information presented in this

preamble is organized as follows:

I. Background

A. Existing Flare Specifications

B. DuPont’s Request for Specifications for

Hydrogen-Fueled Flares

II. DuPont Test Program For HydrogenFueled Flares

A. Summary of Earlier Relevant HydrogenFueled Flares Tests

B. Objectives of the DuPont Test Program

C. Design and Implementation of DuPont

Test Program

D. Results of the Test Program

III. Rationale

A. The Need for Specifications for

Hydrogen-Fueled Flares

B. Use of DuPont Test Results as the Basis

for Hydrogen-Fueled Flare Specifications