[Federal Register: February 10, 1998 (Volume 63, Number 27)]
[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 West Virginia; Final Approval of State
Underground Storage Tank Program; Correction of Effective Date Under
Congressional Review Act (CRA)
AGENCY: Enrironmental Protection Agency (EPA).
ACTION: Notice of final determination; correction of effective date
SUMMARY: On September 23, 1997 (62 FR 49620), the Environmental
Protection Agency published in the Federal Register a notice of final
determination approving the State of West Virginia's underground
storage tank program under Subtitle I of the Resource Conservation and
Recovery Act, which established an effective date of October 23, 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: Jada Goodwin, EPA Region III, at (215)
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
September 23, 1997 (62 FR 49620) by operation of law, the rule did not
take effect on October 23, 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 September 23,
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 September 23, 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 not 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 September 23, 1997, Federal Register
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.
Dated: January 30, 1998.
[FR Doc. 98-3030 Filed 2-9-98; 8:45 am]
BILLING CODE 6560-50-M
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