82_FR_30873 82 FR 30747 - Air Plan Approval; Rhode Island; Reasonably Available Control Technology for US Watercraft, LLC

82 FR 30747 - Air Plan Approval; Rhode Island; Reasonably Available Control Technology for US Watercraft, LLC

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30747-30749
FR Document2017-13907

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.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30747-30749]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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,

[[Page 30748]]

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
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         Name of source               Permit No.             date          EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-13907 Filed 6-30-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                              30747

                                              in the ADDRESSES section of this                          (4) Vessel operators desiring to enter               Do not submit electronically any
                                              preamble.                                               or operate within the safety zone must                 information you consider to be
                                                                                                      contact the Captain of the Port Buffalo                Confidential Business Information (CBI)
                                              G. Protest Activities
                                                                                                      or his on-scene representative to obtain               or other information whose disclosure is
                                                The Coast Guard respects the First                    permission to do so. The Captain of the                restricted by statute. Multimedia
                                              Amendment rights of protesters.                         Port Buffalo or his on-scene                           submissions (audio, video, etc.) must be
                                              Protesters are asked to contact the                     representative may be contacted via                    accompanied by a written comment.
                                              person listed in the FOR FURTHER                        VHF Channel 16. Vessel operators given                 The written comment is considered the
                                              INFORMATION CONTACT section to                          permission to enter or operate in the                  official comment and should include
                                              coordinate protest activities so that your              safety zone must comply with all                       discussion of all points you wish to
                                              message can be received without                         directions given to them by the Captain                make. The EPA will generally not
                                              jeopardizing the safety or security of                  of the Port Buffalo, or his on-scene                   consider comments or comment
                                              people, places or vessels.                              representative.                                        contents located outside of the primary
                                              List of Subjects in 33 CFR Part 165                        Dated: June 28, 2017.                               submission (i.e., on the Web, cloud, or
                                                                                                      J.S. Dufresne,
                                                                                                                                                             other file sharing system). For
                                                Harbors, Marine safety, Navigation
                                                                                                                                                             additional submission methods, please
                                              (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the
                                                                                                      Port Buffalo.
                                                                                                                                                             contact the person identified in the FOR
                                              requirements, Security measures,
                                                                                                                                                             FURTHER INFORMATION CONTACT section.
                                              Waterways.                                              [FR Doc. 2017–13977 Filed 6–30–17; 8:45 am]
                                                                                                                                                             For the full EPA public comment policy,
                                                For the reasons discussed in the                      BILLING CODE 9110–04–P
                                                                                                                                                             information about CBI or multimedia
                                              preamble, the Coast Guard amends 33                                                                            submissions, and general guidance on
                                              CFR part 165 as follows:                                                                                       making effective comments, please visit
                                                                                                      ENVIRONMENTAL PROTECTION                               https://www.epa.gov/dockets/
                                              PART 165–REGULATED NAVIGATION                           AGENCY
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 commenting-epa-dockets.
                                                                                                      40 CFR Part 52                                         FOR FURTHER INFORMATION CONTACT:
                                              ■ 1. The authority citation for part 165                                                                       David L. Mackintosh, Air Quality
                                              continues to read as follows:                           [EPA–R01–OAR–2017–0025; FRL–9964–26–                   Planning Unit, U.S. Environmental
                                                                                                      Region 1]                                              Protection Agency, EPA New England
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      Regional Office, 5 Post Office Square—
                                                                                                      Air Plan Approval; Rhode Island;
                                              Department of Homeland Security Delegation                                                                     Suite 100, (Mail code OEP05–2), Boston,
                                              No. 0170.1.                                             Reasonably Available Control
                                                                                                                                                             MA 02109–3912, tel. 617–918–1584,
                                                                                                      Technology for US Watercraft, LLC
                                              ■ 2. Add § 165.T09–0331 to read as                                                                             email Mackintosh.David@epa.gov.
                                              follows:                                                AGENCY: Environmental Protection                       SUPPLEMENTARY INFORMATION:
                                                                                                      Agency (EPA).                                          Throughout this document whenever
                                              § 165.T09–0331 Safety Zone; Thunder on                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                      ACTION: Direct final rule.
                                              the Outer Harbor; Buffalo Outer Harbor,
                                              Buffalo, NY.
                                                                                                                                                             EPA.
                                                                                                      SUMMARY:   The Environmental Protection
                                                (a) Location. This zone will                          Agency (EPA) is approving a State                      Table of Contents
                                              encompass all waters of the Buffalo                     Implementation Plan (SIP) revision                     I. Background and Purpose
                                              Outer Harbor, Buffalo, NY encompassed                   submitted by the State of Rhode Island.                II. Description and Evaluation of the State’s
                                              by all waters of the Outer Harbor,                      The revision consists of a reasonably                        Submittal
                                              Buffalo, NY starting at position                        available control technology (RACT)                    III. Final Action
                                              42°52′21″ N. and 078°53′14″ W. then                     approval for a volatile organic                        IV. Incorporation by Reference
                                              West to 42°52′15″ N. and 078°53′32″ W.                  compound (VOC) emission source in                      V. Statutory and Executive Order Reviews
                                              then South to 42°51′41″ N. and                          Rhode Island, specifically, US                         I. Background and Purpose
                                              078°53′02″ W. then East to 42°51′46″ N.                 Watercraft, LLC. This action is being
                                              and 078°52′45″ W. (NAD 83) then                                                                                   Section 184(b) of the CAA requires
                                                                                                      taken in accordance with the Clean Air                 Rhode Island to implement RACT for all
                                              returning to the point of origin.                       Act.
                                                (b) Enforcement period. This rule will                                                                       major sources of VOCs and all sources
                                                                                                      DATES: This direct final rule will be                  covered by a Control Techniques
                                              be enforced from 9:45 a.m. until 4:15
                                                                                                      effective September 1, 2017, unless EPA                Guideline (CTG). The Rhode Island
                                              p.m. on July 22, 2017, and July 23, 2017.
                                                (c) Regulations. (1) In accordance with               receives adverse comments by August 2,                 Department of Environmental
                                              the general regulations in § 165.23, entry              2017. If adverse comments are received,                Management (RI DEM) submitted RACT
                                              into, transiting, or anchoring within this              EPA will publish a timely withdrawal of                Approval File No. 01–05–AP as a SIP
                                              safety zone is prohibited unless                        the direct final rule in the Federal                   revision for incorporation into the
                                              authorized by the Captain of the Port                   Register informing the public that the                 Rhode Island SIP. RACT Approval File
                                              Buffalo or his designated on-scene                      rule will not take effect.                             No. 01–05–AP was originally issued to
                                              representative.                                         ADDRESSES: Submit your comments,                       TPI Composites Incorporated (currently
                                                (2) This safety zone is closed to all                 identified by Docket ID No. EPA–R01–                   owned and operated by US Watercraft,
                                              vessel traffic, except as may be                        OAR–2017–0025 at https://                              LLC) in Warren, Rhode Island. The
                                              permitted by the Captain of the Port                    www.regulations.gov, or via email to                   RACT Approval was received by EPA
                                              Buffalo or his designated on-scene                      Mackintosh.David@epa.gov. For                          on August 8, 2003, and amended shortly
sradovich on DSK3GMQ082PROD with RULES




                                              representative.                                         comments submitted at Regulations.gov,                 thereafter. The amendment was received
                                                (3) The ‘‘on-scene representative’’ of                follow the online instructions for                     by EPA on February 20, 2004.
                                              the Captain of the Port Buffalo is any                  submitting comments. Once submitted,
                                              Coast Guard commissioned, warrant or                    comments cannot be edited or removed                   II. Description and Evaluation of the
                                              petty officer who has been designated                   from Regulations.gov. For either manner                State’s Submittal
                                              by the Captain of the Port Buffalo to act               of submission, the EPA may publish any                    US Watercraft, LLC is located at 373
                                              on his behalf.                                          comment received to its public docket.                 Market Street, Warren, Rhode Island,


                                         VerDate Sep<11>2014   18:46 Jun 30, 2017   Jkt 241001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                              30748                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

                                              and operates two fiberglass process                     Boat Manufacturing Materials since                     IV. Incorporation by Reference
                                              areas that emit VOCs: Fiberglass                        Rhode Island has not yet taken formal                    In this rule, the EPA is finalizing
                                              production; and Research and                            action to address this CTG. In this                    regulatory text that includes
                                              Development (R&D). The RI DEM RACT                      action, we are approving the revised                   incorporation by reference. In
                                              Approval replaced the requirements in                   RACT Approval for US Watercraft as                     accordance with requirements of 1 CFR
                                              the original 1990 RACT Consent                          meeting the section 110(l) anti-back                   51.5, the EPA is finalizing the
                                              Agreement, File No. 90–1–AP, which                      sliding requirement of the CAA and                     incorporation by reference of the RACT
                                              EPA approved on August 31, 1990 (55                     incorporating it into the SIP as SIP-                  Approval for US Watercraft, LLC
                                              FR 35623). RI DEM issued the updated                    strengthening. Rhode Island is still                   described in the amendments to 40 CFR
                                              RACT Approval for this facility to                      obligated to submit a formal SIP                       part 52 set forth below. The EPA has
                                              reflect technological advances in the                   revision to EPA detailing how the state                made, and will continue to make, these
                                              fiberglass manufacturing industry as                    is addressing the Fiberglass Boat                      materials generally available through
                                              well as to correct and clarify                          Manufacturing Materials CTG for any                    https://www.regulations.gov, and/or at
                                              requirements contained in the consent                   and all sources in the state covered by                the EPA Region 1 Office (please contact
                                              agreement. The RACT Approval control
                                                                                                      that CTG.                                              the person identified in the FOR FURTHER
                                              strategy was revised to include the
                                                                                                                                                             INFORMATION CONTACT section of this
                                              Seemann Composite Resin Infusion                        III. Final Action
                                              Molding Process (SCRIMP), a closed                                                                             preamble for more information).
                                              molding process, and VOC limitations                       EPA is approving, and incorporating                 V. Statutory and Executive Order
                                              on gel coats and resins used to limit                   into the Rhode Island SIP, a RACT                      Reviews
                                              VOC emissions from the operations                       Approval effective July 16, 2003, and a
                                                                                                      RACT Approval amendment effective                         Under the Clean Air Act, the
                                              performed at the facility. In addition,
                                                                                                      February 11, 2004, for US Watercraft,                  Administrator is required to approve a
                                              the updated Approval provides for
                                                                                                                                                             SIP submission that complies with the
                                              enhanced recordkeeping to track VOC                     LLC (formerly known as TPI Composites
                                                                                                                                                             provisions of the Act and applicable
                                              emissions from the facility. Specifically,              or Tillotson-Pearson). EPA is also
                                                                                                                                                             Federal regulations. 42 U.S.C. 7410(k);
                                              the submitted amendment to the RACT                     removing the previously approved
                                                                                                                                                             40 CFR 52.02(a). Thus, in reviewing SIP
                                              Approval restricts US Watercraft when                   consent agreement for this facility from
                                                                                                                                                             submissions, EPA’s role is to approve
                                              applying vinyl ester resin to using the                 the Rhode Island SIP.
                                              closed molding process or using a roller,                                                                      state choices, provided that they meet
                                                                                                         The EPA is publishing this action                   the criteria of the Clean Air Act.
                                              except that US Watercraft may apply                     without prior proposal because the
                                              vinyl ester resin by spray layup for                                                                           Accordingly, this action merely
                                                                                                      Agency views this as a noncontroversial                approves state law as meeting Federal
                                              corrosion proof laminate, as is the case
                                                                                                      amendment and anticipates no adverse                   requirements and does not impose
                                              with the consent agreement currently in
                                                                                                      comments. However, in the proposed                     additional requirements beyond those
                                              the SIP. Additionally, the updated
                                              RACT Approval prohibits the use of                      rules section of this Federal Register                 imposed by state law. For that reason,
                                              VOC solvents for cleanup, whereas the                   publication, EPA is publishing a                       this action:
                                              consent agreement currently in Rhode                    separate document that will serve as the                  • Is not a significant regulatory action
                                              Island’s SIP allows solvents containing                 proposal to approve the SIP revision                   subject to review by the Office of
                                              VOCs to be used on a limited basis for                  should relevant adverse comments be                    Management and Budget under
                                              cleaning activities. Since the RACT                     filed. This rule will be effective                     Executive Orders 12866 (58 FR 51735,
                                              Approval and its amendment are no less                  September 1, 2017 without further                      October 4, 1993) and 13563 (76 FR 3821,
                                              stringent than the previously-approved                  notice unless the Agency receives                      January 21, 2011);
                                              consent agreement, and in some                          relevant adverse comments by August 2,                    • Does not impose an information
                                              instances are more stringent, the anti-                 2017.                                                  collection burden under the provisions
                                              back sliding requirements of section                                                                           of the Paperwork Reduction Act (44
                                                                                                         If the EPA receives such comments,
                                              110(l) of the CAA are met. Therefore,                                                                          U.S.C. 3501 et seq.);
                                                                                                      then EPA will publish a notice
                                              EPA is approving the new RACT                                                                                     • Is certified as not having a
                                                                                                      withdrawing the final rule and
                                              Approval and amendment for US                                                                                  significant economic impact on a
                                                                                                      informing the public that the rule will
                                              Watercraft, LLC.                                                                                               substantial number of small entities
                                                                                                      not take effect. All public comments                   under the Regulatory Flexibility Act (5
                                                 It should be noted that subsequent to                received will then be addressed in a
                                              RI DEM’s submittal of its SIP revision                                                                         U.S.C. 601 et seq.);
                                                                                                      subsequent final rule based on the                        • Does not contain any unfunded
                                              and amendment for US Watercraft in                      proposed rule. The EPA will not
                                              2003 and 2004, respectively, EPA later                                                                         mandate or significantly or uniquely
                                                                                                      institute a second comment period on                   affect small governments, as described
                                              issued a Control Techniques Guidelines
                                                                                                      the proposed rule. All parties interested              in the Unfunded Mandates Reform Act
                                              (CTG) for Fiberglass Boat Manufacturing
                                                                                                      in commenting on the proposed rule                     of 1995 (Pub. L. 104–4);
                                              Materials on October 7, 2008 (73 FR
                                              58481). RI DEM has not yet addressed                    should do so at this time. If no such                     • Does not have Federalism
                                              this CTG. On February 3, 2017 (82 FR                    comments are received, the public is                   implications as specified in Executive
                                              9158), EPA issued a Findings of Failure                 advised that this rule will be effective               Order 13132 (64 FR 43255, August 10,
                                              to Submit State Implementation Plan                     on September 1, 2017 and no further                    1999);
                                              Submittals for the 2008 Ozone National                  action will be taken on the proposed                      • Is not an economically significant
                                              Ambient Air Quality Standards for                       rule. Please note that if EPA receives                 regulatory action based on health or
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                                              Rhode Island’s failure to submit a SIP                  adverse comment on an amendment,                       safety risks subject to Executive Order
                                              revision to satisfy the 2008 CTG for                    paragraph, or section of this rule and if              13045 (62 FR 19885, April 23, 1997);
                                              Fiberglass Boat Manufacturing                           that provision may be severed from the                    • Is not a significant regulatory action
                                              Materials.                                              remainder of the rule, EPA may adopt                   subject to Executive Order 13211 (66 FR
                                                 At this time, EPA is taking no action                as final those provisions of the rule that             28355, May 22, 2001);
                                              with regard to Rhode Island’s obligation                are not the subject of an adverse                         • Is not subject to requirements of
                                              to address the 2008 CTG for Fiberglass                  comment.                                               Section 12(d) of the National


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                                                                   Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                                 30749

                                              Technology Transfer and Advancement                      or practice that do not substantially                  reference, Intergovernmental relations,
                                              Act of 1995 (15 U.S.C. 272 note) because                 affect the rights or obligations of non-               Ozone, Reporting and recordkeeping
                                              application of those requirements would                  agency parties. 5 U.S.C. 804(3). Because               requirements, Volatile organic
                                              be inconsistent with the Clean Air Act;                  this is a rule of particular applicability,            compounds.
                                              and                                                      EPA is not required to submit a rule
                                                 • Does not provide EPA with the                                                                                Dated: June 7, 2017.
                                                                                                       report regarding this action under
                                              discretionary authority to address, as                   section 801.                                           Deborah A. Szaro,
                                              appropriate, disproportionate human                         Under section 307(b)(1) of the Clean                Acting Regional Administrator, EPA New
                                              health or environmental effects, using                   Air Act, petitions for judicial review of              England.
                                              practicable and legally permissible                      this action must be filed in the United
                                              methods, under Executive Order 12898                     States Court of Appeals for the                          Part 52 of chapter I, title 40 of the
                                              (59 FR 7629, February 16, 1994).                         appropriate circuit by September 1,                    Code of Federal Regulations is amended
                                                 In addition, the SIP is not approved                  2017. Filing a petition for                            as follows:
                                              to apply on any Indian reservation land                  reconsideration by the Administrator of
                                              or in any other area where EPA or an                     this final rule does not affect the finality           PART 52—APPROVAL AND
                                              Indian tribe has demonstrated that a                     of this action for the purposes of judicial            PROMULGATION OF
                                              tribe has jurisdiction. In those areas of                review nor does it extend the time                     IMPLEMENTATION PLANS
                                              Indian country, the rule does not have                   within which a petition for judicial
                                              tribal implications and will not impose                  review may be filed, and shall not                     ■ 1. The authority citation for part 52
                                              substantial direct costs on tribal                       postpone the effectiveness of such rule                continues to read as follows:
                                              governments or preempt tribal law as                     or action. Parties with objections to this                 Authority: 42 U.S.C. 7401 et seq.
                                              specified by Executive Order 13175 (65                   direct final rule are encouraged to file a
                                              FR 67249, November 9, 2000).                             comment in response to the parallel                    Subpart OO—Rhode Island
                                                 The Congressional Review Act, 5                       notice of proposed rulemaking for this
                                              U.S.C. 801 et seq., as added by the Small                action published in the proposed rules
                                              Business Regulatory Enforcement                                                                                 ■  2. In § 52.2070 in the table in
                                                                                                       section of today’s Federal Register,                   paragraph (d), remove the entry
                                              Fairness Act of 1996, generally provides                 rather than file an immediate petition
                                              that before a rule may take effect, the                                                                         ‘‘Tillotson-Pearson in Warren, Rhode
                                                                                                       for judicial review of this direct final
                                              agency promulgating the rule must                                                                               Island’’; and add the entry for ‘‘US
                                                                                                       rule, so that EPA can withdraw this
                                              submit a rule report, which includes a                   direct final rule and address the                      Watercraft, LLC in Warren, Rhode
                                              copy of the rule, to each House of the                   comment in the proposed rulemaking.                    Island’’ to the end of the table to read
                                              Congress and to the Comptroller General                  This action may not be challenged later                as follows:
                                              of the United States. Section 804,                       in proceedings to enforce its                          § 52.2070    Identification of plan.
                                              however, exempts from section 801 the                    requirements. (See section 307(b)(2).)
                                              following types of rules: Rules of                                                                              *     *     *    *     *
                                              particular applicability; rules relating to              List of Subjects in 40 CFR Part 52                       (d) EPA-approved State Source
                                              agency management or personnel; and                        Environmental protection, Air                        specific requirements.
                                              rules of agency organization, procedure,                 pollution control, Incorporation by

                                                                                    EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS
                                                    Name of source                        Permit No.                    State effective date            EPA approval date                 Explanations


                                                      *                         *                  *                         *                          *                     *                *
                                              US Watercraft, LLC in War-        File No. 01–05–AP ...........    7/16/2003 and 2/11/2004 ..         7/3/2017, [Insert Federal      VOC RACT Approval and
                                               ren, Rhode Island.                                                                                     Register citation].           Amendment.



                                              [FR Doc. 2017–13907 Filed 6–30–17; 8:45 am]              Implementation Plan (SIP) revisions,                   Fibers, LLC sulfite pulp mill (hereafter
                                              BILLING CODE 6560–50–P                                   submitted by the State of Florida,                     referred to as ‘‘Rayonier’’). EPA
                                                                                                       through the Florida Department of                      concludes that Florida has appropriately
                                                                                                       Environmental Protection (FL DEP), to                  demonstrated that attainment with the
                                              ENVIRONMENTAL PROTECTION                                 EPA on April 3, 2015, for the purpose                  2010 1-hour primary SO2 NAAQS will
                                              AGENCY                                                   of providing for attainment of the 2010                occur in the Nassau and Hillsborough
                                                                                                       primary Sulfur Dioxide (SO2) National                  Areas by the applicable attainment
                                              40 CFR Part 52                                           Ambient Air Quality Standard (NAAQS)                   dates, and that the plans meet the other
                                              [EPA–R04–OAR–2015–0624 & EPA–R04–                        in the Hillsborough County and Nassau                  applicable requirements under the
                                              OAR–2015–0623; FRL–9964–39–Region 4]                     County SO2 nonattainment areas                         Clean Air Act (CAA or Act). As a part
                                                                                                       (hereafter referred to as the                          of approving the attainment
                                              Air Plan Approval; FL: Hillsborough                      ‘‘Hillsborough Area,’’ ‘‘Nassau Area,’’ or             demonstrations, EPA is taking final
                                              and Nassau Areas; SO2 Attainment                         ‘‘Areas’’). The Hillsborough Area is                   action to approve into the Florida SIP
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                                              Demonstration                                            comprised of the portion of                            the SO2 emissions limits and associated
                                              AGENCY:  Environmental Protection                        Hillsborough County in Florida                         compliance parameters for both Areas.
                                              Agency.                                                  surrounding the Mosaic Fertilizer                      DATES: This rule will be effective August
                                                                                                       facility (hereafter referred to as                     2, 2017.
                                              ACTION: Final rule.
                                                                                                       ‘‘Mosaic’’). The Nassau Area comprises                 ADDRESSES: EPA has established a
                                              SUMMARY: The Environmental Protection                    the portion of Nassau County in Florida                docket for this action under Docket
                                              Agency (EPA) is approving two State                      surrounding the Rayonier Performance                   Identification Nos. EPA–R04–OAR–


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Document Created: 2018-11-14 10:19:16
Document Modified: 2018-11-14 10:19:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactDavid 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]
FR Citation82 FR 30747 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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