Technical Amendments to Clean Air Act Promulgation of Extension of Attainment Date for Ozone Nonattainment Area; Ohio; Kentucky; Correction of Effective Date Under Congressional Review Act (CRA)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[FRL-5958-9]

Technical Amendments to Clean Air Act Promulgation of Extension

of Attainment Date for Ozone Nonattainment Area; Ohio; Kentucky;

Correction of Effective Date Under Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; informational notice; correction of effective date

under CRA.

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SUMMARY: On November 17, 1997, the Environmental Protection Agency

published in the Federal Register a final rule extending the attainment

date for the Cincinnati-Hamilton interstate moderate ozone

nonattainment area from November 15, 1996, to November 15, 1997. This

extension is based in part on monitored air quality readings for the

national ambient air quality standard (NAAQS) for ozone during 1996.

EPA also revised the table in the Code of Federal Regulations

concerning ozone attainment dates in this area. The final rule

established an effective date of December 17, 1997. This document

corrects the effective date of the rule to February 10, 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 10, 1998.

FOR FURTHER INFORMATION CONTACT: Annette Hill, EPA Region IV, at (404)

562-8287, or Dan Werbie, EPA Region V, at (312) 353-5791.

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 November 17, 1997 (62 FR

61241) by operation of law, the rule did not take effect on December

17, 1997, as stated therein. 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 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 November 17,

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 believed that affected

entities that acted in good faith relying upon the effected date stated

in the November 17, 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 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.).

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 10, 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. 98-3034 Filed 2-9-98; 8:45 am]

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