Technical Amendments to Clean Air Act Interim Approval of Operating Permits Program; Commonwealth of Virginia; Correction of Effective Date Under Congressional Review Act (CRA)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-5983-7]

Technical Amendments to Clean Air Act Interim Approval of

Operating Permits Program; Commonwealth of Virginia; 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 June 10, 1997 (62 FR 31516), the Environmental Protection

Agency published in the Federal Register a final rule granting interim

approval, pursuant to Title V of the Clean Air Act, of the operating

permits program which the Commonwealth of Virginia had submitted for

the purpose of complying with federal requirements for an approvable

state program to issue operating permits to all major stationary

sources, and to certain other sources. The June 10, 1997, document

stated that the interim approval would be effective July 10, 1997. This

document corrects the effective date of the interim approval to March

12, 1998, 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 interim approval is effective on March 12, 1998.

FOR FURTHER INFORMATION CONTACT:

Tom Eagles, OAR, at (202) 260-9766.

SUPPLEMENTARY INFORMATION:

A. Background

Section 801 of the CRA precludes a rule from taking effect until

the agency promulgating the rule submits a rule report, which includes

copy of the rule, to each House of the Congress and to the Comptroller

General of the General Accounting Office (GAO). The EPA recently

discovered that it had inadvertently failed to submit the above rule as

required; thus, although the rule was promulgated June 10, 1997, by

operation of law, the rule did not take effect on July 10, 1997, as

stated therein. Now that EPA has discovered its error, EPA is

submitting the rule 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(b) of the Administrative Procedure Act, 5 U.S.C.

553(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 mater. Thus, notice and public procedure

are unnecessary. The Agency finds that this constitutes good cause

under 5 U.S.C. 553(b). Moreover, since today's action does not create

any new regulatory requirements and affected parties have known of the

underlying rule since June 10, 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).

B. 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, to the extent they applied, is discussed in the June

10, 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),

the Agency finds that there is good cause to make this rule effective

on March 12, 1998, for the reasons stated previously. 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 the amendment.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: March 12, 1998.

Carol M. Browner,

Administrator.

For reasons set out in the preamble, Appendix A to part 70 of title

40, chapter I, of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

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

2. Appendix A to part 70 is amended by revising paragraph (a) in

the entry for Virginia to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Virginia

(a) The Commonwealth of Virginia's Title V operating permit and

fee program regulations submitted on September 10, 1996, the acid

rain operating permit regulations submitted on September 12, 1996,

and the non-regulatory operating permit program provisions submitted

on November 12, 1993, January 14, 1994, January 9, 1995, May 17,

1995, February 6, 1997, and February 27, 1997; interim approval

effective on March 12, 1998; interim approval expires on March 12,

1999.

* * * * *

[FR Doc. 98-7137 Filed 3-18-98; 8:45 am]

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