Air Plan Approval; Rhode Island; Reasonably Available Control Technology for US Watercraft, LLC, 44101-44103 [2017-20164]

Download as PDF 44101 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 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 Applicable geographic or nonattainment area SIP element * * 2011 VOC, NOX and CO ozone summer season and annual emissions inventory. 2011 PM2.5/Regional Haze and associated precursors annual emissions inventory. New Jersey submittal date * * * * New York-Northern New Jersey- June 1, 2015 .... 9/21/2017, [Insert Federal RegLong Island and the Philadelister citation]. phia-Wilmington-Atlantic City ozone nonattainment areas. State-wide ...................................... June 1, 2015 .... 9/21/2017, [Insert Federal Register citation]. This rule is effective on October 23, 2017. DATES: [FR Doc. 2017–20066 Filed 9–20–17; 8:45 am] BILLING CODE 6560–50–P 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 https:// 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 https:// 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. ADDRESSES: 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. Final rule. ACTION: 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). asabaliauskas on DSKBBXCHB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:39 Sep 20, 2017 EPA approval date Jkt 241001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 Explanation * 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 E:\FR\FM\21SER1.SGM 21SER1 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. asabaliauskas on DSKBBXCHB2PROD with RULES 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 VerDate Sep<11>2014 16:39 Sep 20, 2017 Jkt 241001 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); PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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 E:\FR\FM\21SER1.SGM 21SER1 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 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 44103 ■ 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—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 * Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: Identification of plan. * * (d) * * * * * EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS Name of source Permit No. State effective date EPA approval date * 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]. * * * * 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. * [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 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: asabaliauskas on DSKBBXCHB2PROD with RULES VerDate Sep<11>2014 16:39 Sep 20, 2017 Jkt 241001 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, ADDRESSES: 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 SUMMARY: 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. DATES: PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 Explanations * VOC RACT approval and amendment. 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? E:\FR\FM\21SER1.SGM 21SER1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

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 https://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 https://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

[[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

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