Air quality implementation plans; approval and promulgation; various States: Texas; correction,

[Federal Register: November 4, 1998 (Volume 63, Number 213)]

[Rules and Regulations]

[Page 59471-59472]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04no98-4]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-6182-9]

Technical Amendments to Approval and Promulgation of Air Quality State Implementation Plans, Texas; Recodification of, and Revisions to the State Implementation Plan; Chapter 114; Correction of Effective Date Under the Congressional Review Act (CRA)

AGENCY: Environmental Protection Agency (EPA).

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

SUMMARY: On July 1, 1998 (63 FR 35839), EPA published in the Federal Register a direct final rule concerning the Approval and Promulgation of Air Quality Implementation Plans, Texas; Recodification of, and Revisions to the State Implementation Plan, Chapter 114, which established an effective date of August 31, 1998. This document corrects the effective date of the rule to November 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: November 4, 1998.

FOR FURTHER INFORMATION CONTACT: Bill Deese, Air Planning Section (6PD- L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7253.

SUPPLEMENTARY INFORMATION:

1. 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 the Congress and to the Comptroller General of the United States, head 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 July 1, 1998, by operation of law, the rule did not take effect on August 31, 1998 as stated. 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 July 1, 1998, 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).

2. 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 (Public Law 104-4), establish any technical standards subject to the section 12(d) of the National Technology Transfer and Advancement Act, or require prior consultation with State officials as specified by Executive Order 12875 (58 FR 58093, October 28, 1993) or with officials of Indian tribal governments as specified by Executive Orders 12875 and 13084 (63 FR 27655, involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994), or involve special consideration of children's health and safety risks under Executive Order 13045 (62 FR 19885, April 23, 1997). 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

   [[Page 59472]]

   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, as applicable, for the underlying rule is discussed in the July 1, 1998 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 United States; however, in accordance with 5 U.S.C. 808(2), this rule is effective on November 4, 1998. This action 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 by January 4, 1999.

   Dated: October 26, 1998. Carol M. Browner, Administrator.

   [FR Doc. 98-29449Filed11-3-98; 8:45 am]

   BILLING CODE 6560-50-P