82 FR 44101 - Air Plan Approval; Rhode Island; Reasonably Available Control Technology for US Watercraft, LLC

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 182 (September 21, 2017)

Page Range		44101-44103
FR Document		2017-20164
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).
Federal Register, Volume 82 Issue 182 (Thursday, September 21, 2017)
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44101-44103]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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.

* * * * *
    (d) * * *

                             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/ 9/21/2017, [insert  VOC RACT approval
 Rhode Island.                                         2004.               Federal Register    and amendment.
                                                                           citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-20164 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44101

Congress and to the Comptroller General within which a petition for judicial PART 52—APPROVAL AND
of the United States. EPA will submit a review may be filed, and shall not PROMULGATION OF
report containing this action and other postpone the effectiveness of such rule IMPLEMENTATION PLANS
required information to the U.S. Senate, or action. This action may not be
the U.S. House of Representatives, and challenged later in proceedings to ■ 1. The authority citation for part 52
the Comptroller General of the United enforce its requirements. See section continues to read as follows:
States prior to publication of the rule in 307(b)(2).
the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
cannot take effect until 60 days after it List of Subjects in 40 CFR Part 52
Environmental protection, Air Subpart FF—New Jersey
is published in the Federal Register.
This action is not a ‘‘major rule’’ as pollution control, Carbon monoxide,
defined by 5 U.S.C. 804(2). Incorporation by reference, ■ 2. Section 52.1570(e), is amended by
Under section 307(b)(1) of the Clean Intergovernmental relations, Nitrogen adding entries for ‘‘2011 VOC, NOX and
Air Act, petitions for judicial review of dioxide, Ozone, Particulate matter, CO ozone summer season and annual
this action must be filed in the United Reporting and recordkeeping emissions inventory’’ and ‘‘2011 PM2.5/
States Court of Appeals for the requirements, Sulfur oxides, Volatile Regional Haze and associated precursors
appropriate circuit by November 20, organic compounds. annual emissions inventory’’ at the end
2017. Filing a petition for of the table to read as follows:
Dated: September 6, 2017.
reconsideration by the Administrator of § 52.1570 Identification of plan.
Catherine R. McCabe,
this final rule does not affect the finality
Acting Regional Administrator, Region 2. * * * * *
of this action for the purposes of judicial
review nor does it extend the time 40 CFR part 52 is amended as follows: (e) * * *
EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographic or non- New Jersey EPA
SIP element Explanation
attainment area submittal date approval date

* * * * * * *
2011 VOC, NOX and CO ozone New York-Northern New Jersey- June 1, 2015 .... 9/21/2017, [Insert Federal Reg-
summer season and annual Long Island and the Philadel- ister citation].
emissions inventory. phia-Wilmington-Atlantic City
ozone nonattainment areas.
2011 PM2.5/Regional Haze and as- State-wide ...................................... June 1, 2015 .... 9/21/2017, [Insert Federal Reg-
sociated precursors annual emis- ister citation].
sions inventory.

[FR Doc. 2017–20066 Filed 9–20–17; 8:45 am] DATES: This rule is effective on October FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P 23, 2017. David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
ADDRESSES: EPA has established a
Protection Agency, EPA New England
ENVIRONMENTAL PROTECTION docket for this action under Docket
Regional Office, 5 Post Office Square—
AGENCY Identification No. EPA–R01–OAR– Suite 100, (Mail code OEP05–2), Boston,
2017–0025. All documents in the docket MA 02109–3912, tel. 617–918–1584,
40 CFR Part 52 are listed on the http:// email Mackintosh.David@epa.gov.
www.regulations.gov Web site. Although
[EPA–R01–OAR–2017–0025; FRL–9968–09– listed in the index, some information is SUPPLEMENTARY INFORMATION:
Region 1] not publicly available, i.e., CBI or other Throughout this document whenever
information whose disclosure is ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Air Plan Approval; Rhode Island; EPA.
restricted by statute. Certain other
Reasonably Available Control
material, such as copyrighted material, Table of Contents
Technology for US Watercraft, LLC
is not placed on the Internet and will be
I. Background and Purpose
AGENCY: Environmental Protection publicly available only in hard copy II. Response to Comment
Agency. form. Publicly available docket III. Final Action
ACTION:Final rule. materials are available at http:// IV. Incorporation by Reference
www.regulations.gov or at the U.S. V. Statutory and Executive Order Reviews
SUMMARY: The Environmental Protection Environmental Protection Agency, EPA
Agency (EPA) is approving a State New England Regional Office, Office of I. Background and Purpose
Implementation Plan (SIP) revision Ecosystem Protection, Air Quality On July 3, 2017, EPA published a
submitted by the State of Rhode Island. Planning Unit, 5 Post Office Square— Notice of Proposed Rulemaking (82 FR
asabaliauskas on DSKBBXCHB2PROD with RULES

The revision consists of a reasonably Suite 100, Boston, MA. EPA requests 30815) and Direct Final Rulemaking
available control technology (RACT) that if at all possible, you contact the (DFRN) (82 FR 30747) proposing to
approval for a volatile organic contact listed in the FOR FURTHER approve and approving, respectively, a
compound (VOC) emission source in INFORMATION CONTACT section to RACT approval for a VOC emission
Rhode Island, specifically, US schedule your inspection. The Regional source in Rhode Island, specifically, US
Watercraft, LLC. This action is being Office’s official hours of business are Watercraft, LLC. The RACT approval
taken in accordance with the Clean Air Monday through Friday, 8:30 a.m. to was submitted by the Rhode Island
Act (CAA). 4:30 p.m., excluding legal holidays. Department of Environmental

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Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44103

Fairness Act of 1996, generally provides this final rule does not affect the finality PART 52—APPROVAL AND
that before a rule may take effect, the of this action for the purposes of judicial PROMULGATION OF
agency promulgating the rule must review nor does it extend the time IMPLEMENTATION PLANS
submit a rule report, which includes a within which a petition for judicial
copy of the rule, to each House of the review may be filed, and shall not ■ 1. The authority citation for part 52
Congress and to the Comptroller General postpone the effectiveness of such rule continues to read as follows:
of the United States. Section 804, or action. This action may not be
however, exempts from section 801 the challenged later in proceedings to Authority: 42 U.S.C. 7401 et seq.
following types of rules: Rules of enforce its requirements. (See section
particular applicability; rules relating to 307(b)(2)). Subpart OO—Rhode Island
agency management or personnel; and
rules of agency organization, procedure, List of Subjects in 40 CFR Part 52 ■ 2. In § 52.2070, the table in paragraph
or practice that do not substantially Environmental protection, Air (d) is amended by:
affect the rights or obligations of non- pollution control, Incorporation by ■ a. Removing the entry ‘‘Tillotson-
agency parties. 5 U.S.C. 804(3). Because reference, Intergovernmental relations, Pearson in Warren, Rhode Island’’.
this is a rule of particular applicability, Ozone, Reporting and recordkeeping
■ b. Adding the entry ‘‘US Watercraft,
EPA is not required to submit a rule requirements, Volatile organic
report regarding this action under compounds. LLC in Warren, Rhode Island’’ to the
section 801. end of the table.
Dated: September 7, 2017.
Under section 307(b)(1) of the Clean The addition reads as follows:
Deborah A. Szaro,
Air Act, petitions for judicial review of
this action must be filed in the United Acting Regional Administrator, EPA New § 52.2070 Identification of plan.
England.
States Court of Appeals for the * * * * *
appropriate circuit by November 20, Part 52 of chapter I, title 40 of the (d) * * *
2017. Filing a petition for Code of Federal Regulations is amended
reconsideration by the Administrator of as follows:

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 .. 9/21/2017, [insert Federal VOC RACT approval and
ren, Rhode Island. Register citation]. amendment.

* * * * * permitting program fee structure and etc.) must be accompanied by a written
[FR Doc. 2017–20164 Filed 9–20–17; 8:45 am] schedule; and make minor revisions and comment. The written comment is
BILLING CODE 6560–50–P corrections. Approval of these revisions considered the official comment and
will not impact air quality, ensures should include discussion of all points
consistency between the State and you wish to make. EPA will generally
ENVIRONMENTAL PROTECTION Federally-approved rules, and ensures not consider comments or comment
AGENCY Federal enforceability of the State’s contents located outside of the primary
rules. submission (i.e. on the web, cloud, or
40 CFR Part 52 other file sharing system). For
[EPA–R07–OAR–2017–0512; FRL–9967–97–
DATES: This direct final rule will be additional submission methods, the full
Region 7] effective November 20, 2017, without EPA public comment policy,
further notice, unless EPA receives information about CBI or multimedia
Approval of Kansas Air Quality State adverse comment by October 23, 2017. submissions, and general guidance on
Implementation Plans; Construction If EPA receives adverse comment, we making effective comments, please visit
Permits and Approvals Program will publish a timely withdrawal of the https://www2.epa.gov/dockets/
direct final rule in the Federal Register commenting-epa-dockets.
AGENCY: Environmental Protection informing the public that the rule will
Agency (EPA). not take effect. FOR FURTHER INFORMATION CONTACT:
ACTION: Direct final rule. Deborah Bredehoft, Environmental
ADDRESSES: Submit your comments, Protection Agency, Air Planning and
SUMMARY: Environmental Protection identified by Docket ID No. EPA–R07– Development Branch, 11201 Renner
Agency (EPA) is taking direct final OAR–2017–0512, to https:// Boulevard, Lenexa, Kansas 66219 at
action to approve revisions to the www.regulations.gov. Follow the online (913) 551–7164, or by email at
Kansas State Implementation Plan (SIP) instructions for submitting comments. bredehoft.deborah@epa.gov.
and the 112(l) program. The submission Once submitted, comments cannot be
asabaliauskas on DSKBBXCHB2PROD with RULES

revises Kansas’ construction permit edited or removed from Regulations.gov. SUPPLEMENTARY INFORMATION:
rules. Specifically, these revisions EPA may publish any comment received Throughout this document ‘‘we,’’ ‘‘us,’’
implement the revised National to its public docket. Do not submit and ‘‘our’’ refer to EPA. This section
Ambient Air Quality Standard (NAAQS) electronically any information you provides additional information by
for fine particulate matter; clarify and consider to be Confidential Business addressing the following:
refine applicable criteria for sources Information (CBI) or other information I. What is being addressed in this document?
subject to the construction permitting whose disclosure is restricted by statute. II. What part 52 revision is EPA approving?
program; update the construction Multimedia submissions (audio, video, III. What 112(l) revision is EPA approving?

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Document Created: 2018-10-24 14:35:43
Document Modified: 2018-10-24 14:35:43
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on October 23, 2017.
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]
FR Citation		82 FR 44101
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds