If a SIP revision is considered noncontroversial, and EPA does not expect any adverse or critical comments, the initial Agency action can be published as a concurrent final rule and proposed rule. The final rule would consist of a detailed notice published in the Rules and Regulationssection of the Federal Register, while the proposed rule would consist of a short informational notice published simultaneously in the Proposed Rules section of the Federal Register (i.e, a direct final rulemaking action). The purpose of the proposal notice is to inform the public of the direct final fulemaking action, and indicate that if adverse written comments are received during the public comment period, then a notice to withdrawal the final action will be published in the Federal Register. If such comments are received, then the direct final document serves as the detailed basis for the proposal, and the adverse comments will be addressed in the final notice. (See Chapter 8 for an example of a Withdrawal Notice).

If EPA receives adverse comments, then EPA must publish the withdrawal notice before the effective date of the final Agency action. If no adverse comments are received, then no further Agency activity is necessary, and the action would become effective automatically as of the date established in the direct final rulemaking action (generally, 45 to 60 days).

The direct final rulemaking process is used generally for routine noncontroversial SIP changes. Its main advantage is that it saves total processing time. However, there are some disadvantages:

1. The effective date is extended from 30 days after publication date to 60-90 days after publication date-- this allows time for the 30 day public comment period required under the APA.
2. If EPA does receive adverse comments, the EPA must prepare a notice withdrawing the final rule. EPA's final action MUST be withdrawn and published in the Federal Register before the effective date of the action.