Technical Amendments to Clean Air Act Reclassification; Arizona- Phoenix Nonattainment Area; Ozone; Correction of Effective Date Under Congressional Review Act (CRA)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[FRL-5963-9]

Technical Amendments to Clean Air Act Reclassification; Arizona-

Phoenix Nonattainment Area; Ozone; Correction of Effective Date Under

Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction of effective date under CRA.

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SUMMARY: On November 6, 1997 (62 FR 60001), the Environmental

Protection Agency published in the Federal Register a final rule

finding that the Phoenix nonattainment area (Maricopa County, Arizona)

has not attained the 1-hour ozone national ambient air quality standard

(NAAQS) by the applicable attainment date in the Clean Air Act (CAA)

for moderate ozone nonattainment areas, which established an effective

date of December 8, 1998. The rule stated that revisions to the State

Implementation Plan (SIP) are due by December 8, 1998. This document

corrects the effective date of the rule to February 13, 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. This document does not change the

December 8, 1998, SIP revision submission date.

[[Page 7291]]

EFFECTIVE DATE: This rule is effective on February 13, 1998.

FOR FURTHER INFORMATION CONTACT: Elizabeth Armour, EPA Region IX, at

(415) 744-1730.

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 6, 1997, Federal

Register document, by operation of law, the rule did not take effect on

December 8, 1998, 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.

The November 6, 1997, rule specifies that a revised SIP to meet the

serious area requirements is due to be submitted by December 8, 1998,

based on the need to meet the deadline for the attainment date for

serious areas--November 19, 1999. Since the change in effective date of

the rule has no impact on the reasons EPA established the December 8,

1998, revised SIP submission date, and since the State has been on

notice of this action since the November 6, 1997, final rule was

published in the Federal Register, EPA is not changing the December 8,

1998, deadline for submitting SIP revisions.

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 6,

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 November 6, 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 February 13, 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: February 6, 1998.

Carol Browner,

Administrator.

[FR Doc. 98-3754 Filed 2-12-98; 8:45 am]

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