Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 45499 

1 40 CFR part 51, subpart P. 

[FR Doc. 2017–20964 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2015–0498; FRL–9968–64– 

Region 2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Regional Haze Five-Year Progress 

Report State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving New York’s 

regional haze progress report, submitted 

on June 16, 2015, as a revision to its 

State Implementation Plan (SIP). New 

York’s SIP revision addresses 

requirements of the Clean Air Act and 

the EPA’s rules that require each state 

to submit periodic reports describing 

progress towards reasonable progress 

goals established for regional haze and 

a determination of the adequacy of the 

state’s existing regional haze SIP. The 

EPA is approving New York’s 

determination that the State’s regional 

haze SIP is adequate to meet these 

reasonable progress goals for the first 

implementation period which extends 

through 2018. 

DATES: This rule is effective on October 

30, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2015–0498. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available through 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10278, (212) 637–3381 or 

wieber.kirk@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the Regional Haze Rule,1 each 

state was required to submit its first 

implementation plan addressing 

regional haze visibility impairment to 

the EPA no later than December 17, 

2007. See 40 CFR 51.308(b). New York 

submitted its regional haze plan on 

March 15, 2010. On August 28, 2012, 

the EPA approved New York’s regional 

haze SIP submittal addressing the 

requirements of the first implementation 

period for regional haze. 77 FR 51915 

(Aug. 28, 2012). 

Each state is also required to submit 

a progress report, in the form of a SIP 

revision that evaluates progress towards 

the reasonable progress goals (RPGs) for 

each mandatory Class I Federal area 

within the state and for each mandatory 

Class I Federal area outside the state 

which may be affected by emissions 

from within the state. See 40 CFR 

51.308(g). Each state is also required to 

submit, at the same time as the progress 

report, a determination of the adequacy 

of its existing regional haze SIP. See 40 

CFR 51.308(h). The first progress report 

was due five years after submittal of the 

initial regional haze SIP. 

On June 16, 2015, New York 

submitted to the EPA, as a revision to 

its SIP, a report on progress made 

towards the RPGs for Class I areas 

outside the State that are affected by 

emissions from sources within the State. 

There are no Class I areas in New York 

State. In its progress report SIP, New 

York concludes the elements and 

strategies relied on in its original 

regional haze SIP are sufficient for 

neighboring states affected by emissions 

from New York to meet all established 

RPGs. In a notice of proposed 

rulemaking (NPRM) published on 

August 1, 2017 (82 FR 35738), the EPA 

proposed to approve New York’s 

progress report as satisfying the 

requirements of 40 CFR 51.308(g) and 

51.308(h). No comments were received 

on the August 1, 2017 proposed 

rulemaking. 

II. Final Action 

EPA is finalizing approval of New 

York’s Regional Haze Progress Report 

SIP revision, submitted by New York on 

June 16, 2015, as meeting the 

requirements of 40 CFR 51.308(g) and 

51.308(h). 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 


asabaliauskas on DSKBBXCHB2PROD with RULES
45500 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations 

that before a rule may take effect, the 

agency promulgating the rule must 

submit 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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 28, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 19, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

Part 52 chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. In § 52.1670(e) the table titled ‘‘EPA 

APPROVED NEW YORK 

NONREGULATORY AND QUASIREGULATORY PROVISIONS’’ is 

amended by adding the entry ‘‘Regional 

Haze Five-Year Progress Report’’ at the 

end of the table to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW YORK NONREGULATORY AND QUASI-REGULATORY PROVISIONS

SIP element Applicable geographic 

or nonattainment area 

New York 

submittal date 

EPA 

approval date Explanation 

*******

Regional Haze Five-Year Progress Report.State-wide .................. June 16, 2015 ...... September 29, 2017; [Insert Federal 

Register page citation].

[FR Doc. 2017–20823 Filed 9–28–17; 8:45 am] 

BILLING CODE 6560–50–P 

CHEMICAL SAFETY AND HAZARD 

INVESTIGATION BOARD 

40 CFR Part 1601 

[Agency Docket Number CSB 17–1] 

Freedom of Information Act Program 

AGENCY: Chemical Safety and Hazard 

Investigation Board. 

ACTION: Interim final rule. 

SUMMARY: This interim final rule revises 

the Chemical Safety and Hazard 

Investigation Board’s (CSB) Freedom of 

Information Act (FOIA) rule. The 

purpose of this revision is to ensure 

consistency with the FOIA 

Improvement Act of 2016 and to update 

certain other provisions of the CSB’s 

current rule. This interim final rule 

supersedes all previous CSB rules and 

guidance that supplement and 

implement the CSB FOIA Program. 

DATES:

Effective date: This rule is effective 

September 29, 2017. 

Comment date: Comments must be 

received by October 30, 2017. 

ADDRESSES: You may send comments by 

any of the following methods: 

(a) Email to: kara.wenzel@csb.gov. In 

the subject line of the message include 

‘‘Comment—Interim Final FOIA Rule.’’ 

(b) Fax: 202–261–7650, attention: 

Kara Wenzel, Acting General Counsel, 

Chemical Safety and Hazard 

Investigation Board. 

(c) Mail to: Kara Wenzel, Acting 

General Counsel, Chemical Safety and 

Hazard Investigation Board, 1750 

Pennsylvania Ave. NW., Suite 910, 

Washington, DC 20006. 

(d) Hand Delivery/Courier: Kara 

Wenzel, Acting General Counsel, 

Chemical Safety and Hazard 

Investigation Board, 1750 Pennsylvania 

Ave. NW., Suite 910, Washington, DC 

20006. 

Instructions: All submissions must 

include the title ‘‘Interim Final FOIA 

Rule’’ and the agency docket number for 

this rulemaking, CSB 17–1. The CSB 

will post all comments received by the 

due date to the CSB’s Web site, http:// 

www.csb.gov/, including any personal 

information provided. For additional 

details on submitting comments, see 

‘‘Public Participation’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket information: For access to the 

docket to read a compilation of all 

comments submitted, please visit http:// 

www.csb.gov/ after the final date for 

submission of comments. 

FOR FURTHER INFORMATION CONTACT: Kara 

Wenzel, Acting General Counsel, 202– 

261–7600, or kara.wenzel@csb.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

The FOIA, 5 U.S.C. 552, establishes 

basic procedures for public access to 

agency records. The FOIA requires 

federal agencies to issue regulations to 

establish procedures to implement the 

FOIA. The CSB’s current FOIA rule is 

codified at 40 CFR part 1601. 

This interim rule revises 40 CFR part 

1601 to implement provisions of the 

FOIA Improvement Act of 2016 and to 

make additional legal updates. 

Specifically, this interim rule 

implements changes to conform to the 

requirements of the following 

amendments to the FOIA since the 

adoption of the CSB’s current FOIA 

rule: The OPEN Government Act of 

2007, Public Law 110–175, the OPEN 

FOIA Act of 2009, Public Law 111–83, 

and the FOIA Improvement Act of 2016, 

Public Law 114–185. 

For example, the FOIA Improvement 

Act of 2016 introduced several changes 

to current law, including, but not 


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