[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30747-30749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13907]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0025; FRL-9964-26-Region 1]


Air Plan Approval; Rhode Island; Reasonably Available Control 
Technology for US Watercraft, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island. The revision consists of a reasonably available control 
technology (RACT) approval for a volatile organic compound (VOC) 
emission source in Rhode Island, specifically, US Watercraft, LLC. This 
action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective September 1, 2017, 
unless EPA receives adverse comments by August 2, 2017. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0025 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Description and Evaluation of the State's Submittal
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    Section 184(b) of the CAA requires Rhode Island to implement RACT 
for all major sources of VOCs and all sources covered by a Control 
Techniques Guideline (CTG). The Rhode Island Department of 
Environmental Management (RI DEM) submitted RACT Approval File No. 01-
05-AP as a SIP revision for incorporation into the Rhode Island SIP. 
RACT Approval File No. 01-05-AP was originally issued to TPI Composites 
Incorporated (currently owned and operated by US Watercraft, LLC) in 
Warren, Rhode Island. The RACT Approval was received by EPA on August 
8, 2003, and amended shortly thereafter. The amendment was received by 
EPA on February 20, 2004.

II. Description and Evaluation of the State's Submittal

    US Watercraft, LLC is located at 373 Market Street, Warren, Rhode 
Island,

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and operates two fiberglass process areas that emit VOCs: Fiberglass 
production; and Research and Development (R&D). The RI DEM RACT 
Approval replaced the requirements in the original 1990 RACT Consent 
Agreement, File No. 90-1-AP, which EPA approved on August 31, 1990 (55 
FR 35623). RI DEM issued the updated RACT Approval for this facility to 
reflect technological advances in the fiberglass manufacturing industry 
as well as to correct and clarify requirements contained in the consent 
agreement. The RACT Approval control strategy was revised to include 
the Seemann Composite Resin Infusion Molding Process (SCRIMP), a closed 
molding process, and VOC limitations on gel coats and resins used to 
limit VOC emissions from the operations performed at the facility. In 
addition, the updated Approval provides for enhanced recordkeeping to 
track VOC emissions from the facility. Specifically, the submitted 
amendment to the RACT Approval restricts US Watercraft when applying 
vinyl ester resin to using the closed molding process or using a 
roller, except that US Watercraft may apply vinyl ester resin by spray 
layup for corrosion proof laminate, as is the case with the consent 
agreement currently in the SIP. Additionally, the updated RACT Approval 
prohibits the use of VOC solvents for cleanup, whereas the consent 
agreement currently in Rhode Island's SIP allows solvents containing 
VOCs to be used on a limited basis for cleaning activities. Since the 
RACT Approval and its amendment are no less stringent than the 
previously-approved consent agreement, and in some instances are more 
stringent, the anti-back sliding requirements of section 110(l) of the 
CAA are met. Therefore, EPA is approving the new RACT Approval and 
amendment for US Watercraft, LLC.
    It should be noted that subsequent to RI DEM's submittal of its SIP 
revision and amendment for US Watercraft in 2003 and 2004, 
respectively, EPA later issued a Control Techniques Guidelines (CTG) 
for Fiberglass Boat Manufacturing Materials on October 7, 2008 (73 FR 
58481). RI DEM has not yet addressed this CTG. On February 3, 2017 (82 
FR 9158), EPA issued a Findings of Failure to Submit State 
Implementation Plan Submittals for the 2008 Ozone National Ambient Air 
Quality Standards for Rhode Island's failure to submit a SIP revision 
to satisfy the 2008 CTG for Fiberglass Boat Manufacturing Materials.
    At this time, EPA is taking no action with regard to Rhode Island's 
obligation to address the 2008 CTG for Fiberglass Boat Manufacturing 
Materials since Rhode Island has not yet taken formal action to address 
this CTG. In this action, we are approving the revised RACT Approval 
for US Watercraft as meeting the section 110(l) anti-back sliding 
requirement of the CAA and incorporating it into the SIP as SIP-
strengthening. Rhode Island is still obligated to submit a formal SIP 
revision to EPA detailing how the state is addressing the Fiberglass 
Boat Manufacturing Materials CTG for any and all sources in the state 
covered by that CTG.

III. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP, a 
RACT Approval effective July 16, 2003, and a RACT Approval amendment 
effective February 11, 2004, for US Watercraft, LLC (formerly known as 
TPI Composites or Tillotson-Pearson). EPA is also removing the 
previously approved consent agreement for this facility from the Rhode 
Island SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
September 1, 2017 without further notice unless the Agency receives 
relevant adverse comments by August 2, 2017.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 1, 2017 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the RACT 
Approval for US Watercraft, LLC described in the amendments to 40 CFR 
part 52 set forth below. The EPA has made, and will continue to make, 
these materials generally available through https://www.regulations.gov, and/or at the EPA Region 1 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).

V. 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

[[Page 30749]]

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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 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. Section 804, however, exempts from section 801 the 
following types of rules: Rules of particular applicability; rules 
relating to agency management or personnel; and rules of agency 
organization, procedure, or practice that do not substantially affect 
the rights or obligations of non-agency parties. 5 U.S.C. 804(3). 
Because this is a rule of particular applicability, EPA is not required 
to submit a rule report regarding this action under section 801.
    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 September 1, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: June 7, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart OO--Rhode Island

0
2. In Sec.  52.2070 in the table in paragraph (d), remove the entry 
``Tillotson-Pearson in Warren, Rhode Island''; and add the entry for 
``US Watercraft, LLC in Warren, Rhode Island'' to the end of the table 
to read as follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (d) EPA-approved State Source specific requirements.

                             EPA-Approved Rhode Island Source Specific Requirements
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                                                        State effective
         Name of source               Permit No.             date          EPA approval date     Explanations
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                                                  * * * * * * *
US Watercraft, LLC in Warren,     File No. 01-05-AP.  7/16/2003 and 2/11/ 7/3/2017, [Insert   VOC RACT Approval
 Rhode Island.                                         2004.               Federal Register    and Amendment.
                                                                           citation].
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[FR Doc. 2017-13907 Filed 6-30-17; 8:45 am]
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