Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44101 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

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

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

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 6, 2017. 

Catherine R. McCabe, 

Acting Regional Administrator, Region 2. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart FF—New Jersey 

■ 2. Section 52.1570(e), is amended by 

adding entries for ‘‘2011 VOC, NOX and 

CO ozone summer season and annual 

emissions inventory’’ and ‘‘2011 PM2.5/ 

Regional Haze and associated precursors 

annual emissions inventory’’ at the end 

of the table to read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS

SIP element Applicable geographic or nonattainment area 

New Jersey 

submittal date 

EPA 

approval date Explanation 

*******

2011 VOC, NOX and CO ozone 

summer season and annual 

emissions inventory.

New York-Northern New JerseyLong Island and the Philadelphia-Wilmington-Atlantic City 

ozone nonattainment areas.

June 1, 2015 .... 9/21/2017, [Insert Federal Register citation].

2011 PM2.5/Regional Haze and associated precursors annual emissions inventory.State-wide ...................................... June 1, 2015 .... 9/21/2017, [Insert Federal Register citation].

[FR Doc. 2017–20066 Filed 9–20–17; 8:45 am] 

BILLING CODE 6560–50–P 

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 Mackintosh.David@epa.gov. 

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 


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44102 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 

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 


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

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. In § 52.2070, the table in paragraph 

(d) is amended by: 

■ a. Removing the entry ‘‘TillotsonPearson in Warren, Rhode Island’’. 

■ b. Adding the entry ‘‘US Watercraft, 

LLC in Warren, Rhode Island’’ to the 

end of the table. 

The addition reads as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS

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

*******

US Watercraft, LLC in Warren, Rhode Island.File No. 01–05–AP ........... 7/16/2003 and 2/11/2004 .. 9/21/2017, [insert Federal 

Register citation].

VOC RACT approval and 

amendment. 

* * * * * 

[FR Doc. 2017–20164 Filed 9–20–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0512; FRL–9967–97– 

Region 7] 

Approval of Kansas Air Quality State 

Implementation Plans; Construction 

Permits and Approvals Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Kansas State Implementation Plan (SIP) 

and the 112(l) program. The submission 

revises Kansas’ construction permit 

rules. Specifically, these revisions 

implement the revised National 

Ambient Air Quality Standard (NAAQS) 

for fine particulate matter; clarify and 

refine applicable criteria for sources 

subject to the construction permitting 

program; update the construction 

permitting program fee structure and 

schedule; and make minor revisions and 

corrections. Approval of these revisions 

will not impact air quality, ensures 

consistency between the State and 

Federally-approved rules, and ensures 

Federal enforceability of the State’s 

rules. 

DATES: This direct final rule will be 

effective November 20, 2017, without 

further notice, unless EPA receives 

adverse comment by October 23, 2017. 

If EPA receives adverse comment, we 

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–R07– 

OAR–2017–0512, to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Bredehoft, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7164, or by email at 

bredehoft.deborah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. What part 52 revision is EPA approving? 

III. What 112(l) revision is EPA approving? 


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