[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44101-44103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0025; FRL-9968-09-Region 1]


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

AGENCY: Environmental Protection Agency.

ACTION: 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 (CAA).

DATES: This rule is effective on October 23, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0025. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., CBI 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

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. Response to Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 3, 2017, EPA published a Notice of Proposed Rulemaking (82 
FR 30815) and Direct Final Rulemaking (DFRN) (82 FR 30747) proposing to 
approve and approving, respectively, a RACT approval for a VOC emission 
source in Rhode Island, specifically, US Watercraft, LLC. The RACT 
approval was submitted by the Rhode Island Department of Environmental

[[Page 44102]]

Management (RI DEM) to EPA as a SIP revision on August 8, 2003, which 
was amended on February 20, 2004. In the DFRN, EPA stated that if an 
adverse comment were to be submitted to EPA by August 2, 2017, the 
action would be withdrawn and not take effect, and a final rule would 
be issued based on the NPR. EPA received one adverse comment prior to 
the close of the comment period. Therefore, EPA withdrew the DFRN on 
September 1, 2017 (82 FR 41526). This action is a final rule based on 
the NPR.
    A detailed discussion of Rhode Island's August 8, 2003 SIP revision 
and February 20, 2004 amendment, and EPA's rationale for approving the 
SIP revision were provided in the DFRN and will not be restated here, 
except to the extent relevant to our response to the public comment we 
received.

II. Response to Comment

    EPA received one adverse comment on its July 3, 2017 (82 FR 30815) 
Notice of Proposed Rulemaking.
    Comment: The commenter raised concerns that the rulemaking 
identified TPI Composites, Inc. (TPI) as being owned and operated by US 
Watercraft Inc., and asserted that TPI is an entirely independent and 
separate corporate entity from US Watercraft, LLC with no common 
ownership or control of operations between the two companies. The 
commenter also stated that US Watercraft, LLC purchased and now owns 
the fiberglass boat manufacturing processes covered by the RACT 
approval and that TPI is not conducting fiberglass boat manufacturing 
operations at 373 Market Street in Warren, Rhode Island.
    Response: It was not EPA's intention to describe TPI as being owned 
and operated by US Watercraft, LLC. EPA agrees that the RACT approval 
being approved into the RI SIP only applies to the fiberglass boat 
manufacturing operations located at 373 Market Street in Warren, Rhode 
Island, which are currently known to be owned and operated by US 
Watercraft, LLC as referenced in the US Watercraft, LLC Operating 
Permit Number RI-39-09(R1) issued by the RI DEM on April 24, 2009.

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. The RACT approval 
and amendment were submitted by the RI DEM to EPA as a SIP revision on 
August 8, 2003, and February 20, 2004, respectively. EPA is also 
removing the previously approved consent agreement File No. 90-1-AP 
issued to TPI from the Rhode Island SIP.
    It should be noted that subsequent to RI DEM's submittal of its SIP 
revision and amendment 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. With this action, we are approving the revised RACT approval 
for US Watercraft as meeting CAA section 110(l) because the SIP 
revision will not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable 
requirement of the CAA. Moreover, approving this RACT approval into the 
Rhode Island SIP will strengthen the SIP as it is designed to control 
VOC emissions. However, 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.

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 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 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

[[Page 44103]]

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 November 20, 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 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, the table in paragraph (d) is amended by:
0
a. Removing the entry ``Tillotson-Pearson in Warren, Rhode Island''.
0
b. Adding the entry ``US Watercraft, LLC in Warren, Rhode Island'' to 
the end of the table.
    The addition reads as follows:


Sec.  52.2070   Identification of plan.

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    (d) * * *

                             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/ 9/21/2017, [insert  VOC RACT approval
 Rhode Island.                                         2004.               Federal Register    and amendment.
                                                                           citation].
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[FR Doc. 2017-20164 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P