Technical Amendments to Clean Air Act Final Interim Approval of Operating Permits Programs; Delegation of Section 112 Standards; State of Massachusetts; Correction; Correction of Effective Date Under Congressional Review Act (CRA)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5959-1]

Technical Amendments to Clean Air Act Final Interim Approval of

Operating Permits Programs; Delegation of Section 112 Standards; State

of Massachusetts; Correction; Correction of Effective Date Under

Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval correction; correction of effective date

under CRA.

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SUMMARY: On May 15, 1996, EPA promulgated interim approval of the 40

CFR part 70 Operating Permits Program for the Commonwealth of

Massachusetts. That document correctly identified the effective date of

the approval as May 15, 1996. The May 15, 1996, document also amended

the text of 40 CFR part 70, Appendix A, to reflect the effective date

of the interim approval; however, an incorrect date was added to

Appendix A. On June 20, 1996 (61 FR 31442) EPA published a final rule

amending 40 CFR part 70, Appendix A, to correct the effective date in

Appendix A to May 15, 1996. This document corrects the effective date

of the June 20, 1996, rule to February 9, 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 February 9, 1998.

FOR FURTHER INFORMATION CONTACT: Robyn McCarville, EPA Region I, at

(617) 565-9128.

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 June 20, 1996, rule as

required; thus, although the rule was promulgated on June 20, 1996 (61

FR 31442) by operation of law, the rule did not take effect. Now that

EPA has discovered its error, the rule is being submitted to both

Houses of Congress and the GAO. This document amends the effective date

of the June 20, 1996, rule consistent with the provisions of the CRA.

The effective date of the May 15, 1996, interim approval (61 FR 24460)

is not changed.

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

[[Page 6495]]

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 June 20, 1996, 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 Order for the

underlying rule is discussed in the May 15, 1996, 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 February 9, 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. Pursuant to section 307(b)(1) of

the Clean Air Act, challenges to this amendment must be brought within

60 days of publication of the amendment.

Dated: January 30, 1998.

Carol Browner,

Administrator.

[FR Doc. 98-3014 Filed 2-6-98; 8:45 am]

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