[Federal Register: May 4, 1998 (Volume 63, Number 85)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 281
Technical Amendments to District of Columbia; Final Approval of
State Underground Storage Tank Program; Correction of Effective Date
Under Congressional Review Act (CRA)
AGENCY: Enviornmental Protection Agency (EPA).
ACTION: Notice of final determination on the District of Columbia's
application for program approval; correction of effective date under
SUMMARY: On July 9, 1997 (62 FR 36698), the Environmental Protection
Agency published in the Federal Register a notice of final
determination on the District of Columbia's application for program
approval concerning the District of Columbia's application for approval
of its underground storage tank program under Subtitle I of the
Resource Conservation and Recovery Act (RCRA), which established an
effective date of August 8, 1997. This document corrects the effective
date of the rule to May 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: This rule is effective on May 4, 1998.
FOR FURTHER INFORMATION CONTACT: Barbara Hostage, Office of Solid Waste
and Emergency Response at (202) 260-7979.
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 the date stated in the July
9, 1997, Federal Register document, by operation of law, the July 9,
1997, rule did not take effect on August 8, 1997, as stated therein.
Now that EPA has discovered its error, the rule has been 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.
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 9, 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
believe that affected entities that acted in good faith relying upon
the effective date stated in the July 9, 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 under 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 July 9, 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 May 4, 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.
Dated: April 22, 1998.
[FR Doc. 98-11543 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-M
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