[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28333-28338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13181]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 136, PR3-2-6731, FRL-5209-5]
Approval and Promulgation of PM10 Implementation Plan for
the Commonwealth of Puerto Rico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving the State Implementation Plan (SIP)
revision submitted by the Commonwealth of Puerto Rico for the purpose
of attaining the National Ambient Air Quality Standards (NAAQS) for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10). The SIP addresses sources impacting
the Municipality of Guaynabo, Puerto Rico which has been designated
nonattainment.
EFFECTIVE DATE: This action will be effective June 30, 1995.
ADDRESSES: Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Library, 290
Broadway, 16th Floor, New York, New York, 10007-1866.
Environmental Protection Agency, Region II, Caribbean Field Office,
Centro Europa Building, Suite 417, 1492 Ponce De Leon Avenue, Stop 22,
Santurce, Puerto Rico, 00909.
Commonwealth of Puerto Rico, Environmental Quality Board, Banco
National Plaza, 8th Floor, 431 Ponce De Leon Avenue, Hato Rey, Puerto
Rico, 00917.
Environmental Protection Agency, Air and Radiation Docket and
Information [[Page 28334]] Center (MC 6102), 401 M. Street, S.W.
Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT:
Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency,
Region II Office, 290 Broadway, 20th Floor, New York, New York 10007-
18666 (212) 637-4249.
or
Carl Soderberg, Director, Environmental Protection Agency, Region II,
Caribbean Field Office, Centro Europa Building, Suite 417, 1492 Ponce
De Leon Avenue, Stop 22, Santurce, Puerto Rico, 00909, (809) 729-6951.
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act, as amended in 1990 (the Act), requires all areas
that have measured a violation of the NAAQS for PM10 before
January 1, 1989 be designated nonattainment. On November 15, 1990 by
operation of law the Municipality of Guaynabo, Puerto Rico was
designated nonattainment for PM10 and classified as moderate based
on violations measured in 1987 in the Municipality. [see 56 FR 11101
(March 15, 1991)]. The Act requires state or territorial governments to
revise their SIP for all areas that are designated as nonattainment to
ensure that the NAAQS will be attained. Under the Act, the Commonwealth
of Puerto Rico is regarded as a state. The reader should refer to the
``General Preamble'' [see generally 57 FR 13498 (April 16, 1992) and 57
FR 18070 (April 28, 1992)] for a more detailed discussion of the
designation of PM10 nonattainment areas.
II. Today's Action
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals. (See 57 FR 13565-13566.) In this action, EPA
is approving the Puerto Rico PM10 implementation plan revision
submitted to EPA on November 14, 1993. This submittal was intended to
satisfy those moderate PM10 nonattainment area SIP requirements
due November 15, 1991 and the moderate PM10 nonattainment area New
Source Review requirements due June 30, 1992. EPA proposed to approve
the submittal on August 11, 1994, 57 FR 41265. The reader is referred
to the proposal for a detailed explanation of Puerto Rico's PM10
SIP and EPA's evaluation. In response to the Federal Register notice
and a Public Meeting held by EPA Region II on September 11, 1994 in the
Municipality of Catano, comments were received from ten interested
parties. EPA's response to these comments are discussed in IV. Public
Comment.
III. Analysis of Puerto Rico's SIP Submission
A. Administrative Requirements
The Commonwealth of Puerto Rico held a public hearing on October
15, 1993 to accept public comments on the implementation plan for the
Municipality of Guaynabo PM10 nonattainment area. Following the
public hearing the plan was adopted by Puerto Rico and was submitted to
EPA as a revision to the SIP on November 14, 1994. The submittal was
supplemented with administrative documents on March 18, 1994 and March
30, 1994. The SIP submittal included revisions to the Puerto Rico
Regulations for the Control of Atmospheric Pollution which include the
following: Part I; Rule 102, ``Definitions,'' Part II; Rule 201,
``Location Approval,'' Rule 202, ``Air Quality Impact Analysis,'' Rule
203, ``Permit to Construct a Source,'' and Part IV; Rule 401, ``Generic
Prohibitions,'' Rule 402, ``Open Burning,'' Rule 403, ``Visible
Emissions,'' Rule 404, ``Fugitive Dust,'' and Rule 423, ``Limitations
for the Guaynabo PM10 Nonattainment Area,'' which became effective
on April 2, 1994. The entire SIP revision was reviewed by EPA to
determine completeness in accordance with the completeness criteria set
out at 40 CFR 51, and found to be administratively complete.
B. Emissions Inventory
Puerto Rico submitted an emissions inventory for base year 1990.
EPA is approving the emissions inventory because it is accurate and
comprehensive, and provides a sufficient basis for determining the
adequacy of the attainment demonstration for this area consistent with
the requirements of sections 172(c)(3) and 110(a)(2)(K) of the Act.
C. New Source Review (NSR) PM10 Permit Program
The statutory permit requirements for moderate PM10
nonattainment areas are contained in section 173 and section 189 of the
Act. For all moderate PM10 nonattainment areas, states must adopt
the appropriate major source threshold, offset ratio, significance
level for modifications, and provisions for PM10 precursors.
Puerto Rico's PM10 implementation plan submittal addressed all NSR
Act requirements, therefore, EPA is approving the PM10 NSR permit
program SIP revision.
D. Reasonably Available Control Measures (RACM) including Reasonably
Available Control Technology (RACT)
Moderate PM10 nonattainment areas were required to submit
provisions to assure that RACM (including RACT) would have been
implemented no later than December 10, 1993 or four years after
designation in the case of an area classified as moderate nonattainment
after November 15, 1990. [see sections 172(c)(1) and 189(a)(1)(C)]. The
Municipality of Guaynabo was designated and classified as moderate
nonattainment for PM10 on November 15, 1990 by operation of law,
therefore, the Puerto Rico PM10 implementation plan needed to
assure that RACT/RACM would have been implemented no later than
December 10, 1993. The SIP contains enforceable commitments by the
Puerto Rico Environmental Quality Board (EQB) to achieve various RACM
requirements through regulations as well as through Memoranda of
Understanding (MOU). These were effective upon adoption. The EQB has
signed MOU's with various entities which include details of how the
various RACM requirements would be implemented.
EPA has reviewed Puerto Rico's SIP documentation and concluded that
its choice of control measures has provided for attainment of the
PM10 NAAQS by December 31, 1994. By this notice, EPA is
determining that the control strategies are consistent with the RACM
and RACT requirements contained in the Act.
E. Contingency Measures
As provided in section 172(c)(9) of the Act, all PM10
nonattainment area SIP's must include contingency measures (see
generally 57 FR 13543-44). These measures were required to be submitted
by November 15, 1993 for the moderate PM10 nonattainment areas.
[see 57 FR 13543 (April 16, 1992)]. Contingency measures should consist
of other available measures, not already part of the area's control
strategy, that take effect without further action by the Commonwealth
or EPA upon a determination by EPA that the area has failed to make
Reasonable Further Progress (RFP) or attain the PM10 NAAQS by the
applicable statutory deadline. The Municipality of Guaynabo PM10
nonattainment area SIP contains contingency measures which are included
in Rule 423(D).
After review of the contingency measures contained in the SIP, EPA
has determined they meet the requirements of the Act. [[Page 28335]]
F. Demonstration of Attainment
Moderate PM10 nonattainment areas were required to submit a
demonstration (including air quality modeling) showing that the plan
will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 [see sections 188(c)(1) and 189(a)(1)(B)
of the Act).
EQB performed an attainment demonstration using the Industrial
Source Complex (ISC2) dispersion model and five years of National
Weather Service meteorological data. EPA recommends that implementation
plans show maintenance of the PM10 NAAQS for at least three years
beyond the attainment date. Puerto Rico's demonstration, included in
their PM10 implementation plan, indicates the NAAQS for PM10
were attained by December 31, 1994 in the Municipality of Guaynabo. In
addition, Puerto Rico went beyond EPA's recommendation of demonstrating
maintenance of the PM10 NAAQS for three years and demonstrated
they would be maintained at least until 1999. EPA is approving the
attainment demonstration.
G. Quantitative Milestones and RFP
The moderate PM10 nonattainment area plan revisions
demonstrating attainment must contain quantitative milestones which are
to be achieved every three years until the area is redesignated
attainment and which demonstrate reasonable further progress (RFP)
toward attainment by December 31, 1994 (see section 189(c)(1) of the
Act). RFP is defined in section 171(1) as such annual incremental
reductions in emissions of the relevant air pollutant as are required
by Part D or may reasonably be required by the Administrator for the
purpose of ensuring attainment of the applicable NAAQS by the
applicable date.
The assurance that milestones and RFP will be achieved is based
upon the Commonwealth adopting and implementing the particular control
measures contained in the PM10 SIP, RACM (including RACT).
H. Enforceability
The SIP must include enforceable emission limitations and other
control measures, means or techniques necessary or appropriate to meet
the requirements of the Act. [see section 110(a)(2)(A) of the Act].
Nonattainment plan provisions must also include enforceable emission
limitations and other control measures, means or techniques necessary
or appropriate to provide for attainment of the NAAQS by the applicable
attainment date. [see section 172(b)(6)]. The SIP must also contain a
program which provides for enforcement of the control measures and
other elements in the SIP and the regulation of the modification and
construction of any stationary source within the areas covered by the
plan as necessary to assure that the NAAQS are achieved, including a
permit program required under Part C or D of Title I of the Act. [see,
section 110(a)(2)(C)]. All measures and other elements in the SIP must
be enforceable by the Commonwealth and EPA [see sections 172(c)(6),
110(a)(2)(A) and 57 FR 13556]. Moderate PM10 nonattainment area
plan provisions must also contain a program which provides for
enforcement of the control measures and other elements in the SIP [see
section 110(a)(2)(C)].
The SIP requires that all affected stationary sources must be in
full compliance with the applicable RACT requirements by December 10,
1993. However, if a physical alteration of the stationary source is
necessary to achieve compliance, the SIP requires that construction of
the alteration must have been commenced by February 15, 1994, and must
have been completed by November 30, 1994. EQB has prepared a compliance
schedule for those sources that still need to make alterations.
Compliance with these RACT requirements must be demonstrated using the
applicable EPA Reference Test Methods. Puerto Rico has an enforcement
program that will ensure that these RACT requirements are adequately
enforced. There are civil penalties for noncompliance with the
Regulation containing these RACT requirements.
In addition to the RACT requirements for stationary sources, the
SIP contains enforceable commitments by EQB to achieve various RACM
requirements. To implement these measures, EQB has signed an MOU with
the Puerto Rico Department of Transportation, the Puerto Rico Electric
Power Authority, the Municipality of Guaynabo, and the Port Authority
that contain details on how each of these entities will meet these RACM
commitments. The commitments to implement the RACM requirements are in
the SIP itself, and thus are enforceable as requirements of the SIP. In
addition, the MOU's, having gone through public review and comment,
will be incorporated into the SIP by reference, and are effective as of
the date each was signed. The attainment demonstration, which shows
attainment of the PM10 NAAQS by December 31, 1994, uses emissions
reductions from the identified RACM measures, and thus EPA expects them
to be implemented pursuant to the MOU's. Once incorporated into the
approved SIP, the requirements of the MOU may not be changed except by
a revision to the SIP that has been submitted to and approved by EPA.
Puerto Rico's revisions to the regulations include a new definition
for ``PM10'' in Rule 102. Although test methods are not contained
in Puerto Rico's definition of ``PM10'' as they are in 40 CFR
51.100 (qq), EPA is approving Puerto Rico's definition of
``PM10,'' since the relevant test methods are found in other
provisions of the regulations.
I. PM10 Precursors
The Act states that ``control requirements applicable to major
stationary sources of PM10 must also apply to major stationary
sources of PM10 precursors except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the NAAQS in the area.'' Based on filter
analyses of the Guaynabo nonattainment area, the relatively minor
contribution of precursors to overall nonattainment, and the
effectiveness of the Commonwealth's RACT/RACM strategies, EPA agrees
with EQB's determination that no controls of PM10 precursors
beyond what are already controlled in the Puerto Rico SIP are needed
for attainment. Nonetheless, Puerto Rico has chosen to include within
the NSR provisions a requirement for control of PM10 precursors
unless EPA and EQB determine otherwise.
IV. Public Comment
EPA proposed to approve the Puerto Rico PM10 implementation
plan on August 11, 1994, 57 FR 41265. Comments were received from ten
interested parties. Comments were also received during the Public
Meeting held by EPA Region II on September 11, 1994 in the Municipality
of Catano. EPA evaluated all the comments with respect to EPA's
proposed approval. Due to the large number of comments, EPA prepared a
separate ``Responsiveness Document'' which summarizes each comment and
includes EPA's evaluation and detailed response. This document is
available from EPA upon request. In this Federal Register notice EPA
has summarized major comments and responses.
The following summaries of comments and responses is divided into
several major areas; the designation of the nonattainment area, the SIP
attainment demonstration, and RACT determinations. [[Page 28336]]
Designation of Nonattainment
Comment: Puerto Rico's plan is based on air quality data which is
incomplete and insufficient for determining that the Municipality of
Guaynabo was not in attainment of the air quality standards. Air
quality now meets the NAAQS.
Response: The Commonwealth presented no information which
invalidates the air quality data previously collected which indicated
nonattainment. Section 107(d)(4)(B) of the Act mandated the designation
of areas as nonattainment for PM10 by operation of law:
``(B) PM10 Designations.--By operation of law, * * * (ii) any
area containing a site for which air quality monitoring data show a
violation of the national ambient air quality standard for PM10
before January 1, 1989 (as determined under part 50, appendix K of
title 40 of the Code of Federal Regulations) is hereby designated
nonattainment for PM10;''
This section of the Act confines the EPA to review air quality data
prior to January 1, 1989, not after January 1, 1989, in designating an
area for PM10. The designation of the Municipality of Guaynabo as
nonattainment for PM10 was based on the PM10 concentration of
285 g/m3, recorded at the Electrical Substation #24 on
August 1, 1987. There was no evidence presented by the Commonwealth
that showed this reading to be invalid. Further, air quality data
available to the Administrator indicated that there were violations of
the annual standard in 1987 and 1988. EPA does not find any evidence to
conclude that the nonattainment designation was made in error.
If indeed the area is attaining the PM10 NAAQS in the
Municipality of Guaynabo as a result of permanent reductions in
emission, the Commonwealth can request a redesignation to attainment.
Section 107 (d)(3) of the Act specifies the procedures and requirements
for changing an area's designation. The redesignation of an area from
nonattainment to attainment is an entirely separate procedure from
today's SIP approval action. However, one requirement of a
redesignation is that the Commonwealth has an approved PM10
attainment SIP. A redesignation request, which may be submitted at any
time, would be processed expeditiously by EPA as a separate rulemaking.
Comment: The location of EQB's PM10 air quality monitors are
not representative of the air in the remainder of the nonattainment
area and in the surrounding areas of Guaynabo. Monitors should be
located in the center and southern end of the Municipality of Guaynabo
and in the Municipality of Catano.
Response: EPA believes the current PM10 monitoring network in
Puerto Rico is representative of the highest PM10 concentrations
in the entire nonattainment area. This design is consistent with the
monitoring objectives and methodologies described in Part 58 of the
Code of Federal Regulations, Appendix D. They are sited immediately
downwind of major point and area sources in locations where a long
record of total suspended particulate monitors had measured the highest
levels in Puerto Rico. Thus they meet the monitor-siting objective of
measuring air quality in the area where the highest concentrations of a
pollutant can be expected to occur.
Locations in southern Catano and Guaynabo do not have the same
potential to measure high concentrations due to the lack of major
sources of particulate matter, as demonstrated by the emission
inventory of the Municipality of Guaynabo. Consequently, their absence
should not make the Commonwealth's plan any less approvable.
Attainment Demonstration
Comments: The dispersion model used in the attainment demonstration
is not conservative. Wrong meteorological data being used. The Puerto
Rico Electrical Power Authority (PREPA) Palo Seco plant should have
been included in the Plan.
Response: The dispersion model is conservative because it predicts
higher concentrations than observed for almost the entire set of
observed data. The graph in the Commonwealth's PM10 plan comparing
concentrations predicted by the model with the observed data may not
demonstrate this fact because the plotted predicted concentrations lack
the background contribution from outside the modeled area of
(approximately 31 ug/m3). When the concentrations predicted by the
model are correctly included, however, the predicted concentrations are
higher than the observed concentrations. Thus, EPA concludes that the
model generally over predicts PM10 concentrations and is
conservative. This is further supported by recent air quality
measurements which show annual concentrations significantly well below
concentrations predicted by the model, even after control measures have
been enacted.
The San Juan Airport site is representative of the industrialized
area of Guaynabo since it is also located on the north coast of Puerto
Rico and subject to the same land-sea effects on the wind. The terrain
in the Puerto Nuevo area where the largest emitting sources are located
is mainly flat like the area near the Airport. Comparison between the
San Juan Airport data and data collected at a meteorological tower in
the Municipality of Guaynabo confirm that they are subject to the same
meteorological patterns.
In reference to the PREPA Palo Seco issue, the attainment
demonstration did consider the impact of the Palo Seco Power Plant's
PM10 emissions on the Catano--Guaynabo area. The atmospheric
dispersion model used in the attainment demonstration showed that the
greatest impact of the power plant's emissions remained over water. The
plants contribution to the Guaynabo nonattainment area (only about
three and one half percent of the time) is less than the deminimis
impact levels contained in EPA regulations. Since the power plant is
located outside of the Guaynabo nonattainment area, EPA's guidance to
the states is that RACT strategies need only be applied to those
sources which have a significant impact on the nonattainment area. Thus
RACT at the Palo Seco Power Plant would have no real benefit to
attainment of PM10 standards in the Guaynabo. However, all power
plants in Puerto Rico are subject to the same 20 percent opacity limit
that is required of the power plant in Puerto Nuevo.
RACT Determinations for Electrical Utilities
Comment: A mass emissions limit should be adopted by Puerto Rico.
The 1.5 percent sulfur-in-fuel limit is not cost effective nor
stringent enough to show attainment. EQB has no independent way of
verifying sulfur-in-fuel limits.
Response: There is no requirement that a mass emission limit be
used exclusively in state clean air plans. EPA can approve a SIP
revision as long as it contains emission limits which are enforceable
and which provide for attainment of the standards. The Act states
``each implementation plan submitted by a State * * * shall include
enforceable emission limitations and other control measures, means, or
techniques * * * as well as schedules and timetables for compliance, as
may be necessary or appropriate to meet the applicable requirements of
this Act, section 110(a)(2)(A).''
The Puerto Rico SIP relies on a sulfur-in-fuel limit and a 20%
opacity limitation, both of which are enforceable. Further, the Agency
has collected emission data from a variety of fuel oil burning power
plants from which the particulates can be [[Page 28337]] calculated.
These factors are contained in the Compilation of Air Pollutant
Emission Factors (AP-42), Supplement F, emissions factor equation.
These emissions were factored into the Puerto Rico plan and attainment
with health related ambient air quality standards was demonstrated.
EQB included in their SIP submittal an Economic Feasibility
Analysis of Alternative Emission Control Strategies in the Guaynabo
Municipality. This document presented an analysis of the cost of
reducing emissions in Guaynabo and the cost effectiveness of
alternative control strategies.
EPA reviewed the document and determined the costs of low sulfur
residual oil were accurate to determine the cost effectiveness of
controls applicable to PREPA. The analysis showed that 1.0, 1.5, and
2.0 percent sulfur oils cost about the same for each ton of sulfur
reduced, however, according to the Economic Feasibility Analysis
provided with the SIP, it will cost more than $6.6 million per year to
reduce the sulfur content from 1.5 to 1.0 percent at the PREPA San Juan
plant.
EQB has informed EPA that it has the necessary equipment to analyze
fuel samples. Compliance of the sulfur-in-fuel limit will be verified
by a variety of methods. In accordance with the January 31, 1994
Memorandum Of Understanding (MOU), PREPA and its fuel supplier will
send sampling data to EQB. When the fuel supplier delivers the fuel, it
will send its analysis of the fuel content to EQB. EQB can compare the
supplier's analysis against reports from the facility.
In summary, the two procedures set forth in the PM10 SIP, the
sulfur-in-fuel limit that correlates to a 0.08 #/MMBtu mass emission
rate, and the 20% opacity restriction are easily measured, readily
enforceable, and when combined with the other control measures adopted
by the Commonwealth, can demonstrate attainment of the PM10 NAAQS.
The Agency therefore has determined that the limits provided can and
should be approved.
RACT Determinations for Grain Handling Facilities
Comment: Puerto Rico's ban on the use of clamshell unloading of
ships is not supportable as RACT. The 99.9% filtration efficiency
required of grain mills is not technically achievable.
Response: The General Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990 defines RACT as ``the lowest
emission limitation that a particular source is capable of meeting by
the application of control technology that is reasonably available
considering technological and economic feasibility.'' Congress
specified that nonattainment area plans were to ``require * * *
reasonable further progress * * * including such reduction in emissions
from existing sources in the area as may be obtained through the
adoption, at a minimum, of RACT.''
Through modeling, EQB's contractor demonstrated that emissions from
the grain mills contributed in a large way to the violations of the
PM10 air quality standard predicted by the model. Taking this into
consideration, EQB determined that stringent RACT measures were needed
at these facilities to show attainment.
EPA guidance identifies that Industrial process fugitive
particulate emissions are produced during all phases of grain handling
and processing including: unloading, receiving, handling, drying,
cleaning, milling, and land-out. EPA's Control Techniques for
Particulate Emissions from Stationary Sources recommends that for grain
handling and storage ``the most common control strategy is to enclose
and hood the processing equipment or area with ventilation to cyclones
and filters.'' Thus, the emission reductions that can be obtained from
this strategy depend upon both process modifications to optimize the
capture efficiency of the ventilation system and the installation of
control devices.
EQB determined that for a very dusty process such as Clamshell
loading and unloading, RACT for this process would be the prohibition
of Clamshell loading and unloading and the utilization of telescopic
loading spouts in a fully enclosed area with a ventilation system. This
control strategy is considered both technologically and economically
feasible. EPA has verified this in discussions with grain facilities in
the United States who are currently using the telescopic loading
spouts.
EPA has not been able to conclude that a ban on loading/unloading
using clamshells is not an acceptable RACT determination. Telescoping
loading spouts are used in the industry to load and unload grain or
grain products. However, EPA would object to a RACT determination that
is less stringent than could be technologically and economically
justified. Should the Commonwealth decide in the future to propose an
alternative to a ban on the use of clamshells, the SIP could be revised
accordingly.
The SIP requires the installation of control equipment with a 99.5%
efficiency. Upon review EPA has concluded that this is achievable even
in warm climates. In other parts of the country, (PM10 attainment
and nonattainment areas), 99.9% is routinely required. One commenter
argued that conditions at grain handling facilities in Puerto Rico
would prevent 99.5% efficiency from being achieved. EPA has reviewed
permits issued to grain mills in warm climates and determined that the
99.5% limit proposed in the SIP is achievable on a continuous basis
providing there is proper operation and maintenance of the control
systems.
Environmental Justice Concerns
Comment: Several commenters raised environmental justice concerns
in their comments.
Response: EPA recognizes that air pollution sources in the SIP area
raise environmental justice issues, and EPA has taken steps to address
these concerns in the SIP process. In particular, EPA has had meetings
and contacts with affected communities and organizations, and intends
to continue these contacts as air programs are implemented and
enforced. In addition, EPA and other agencies such as the Centers for
Disease Control have been assessing environmental health factors in
these communities. EPA will continue to review progress in implementing
the SIP and other environmental programs with respect to Executive
Order 12898 and the EPA Environmental Justice Strategy.
V. Summary
In this action, EPA is approving the SIP revision submitted to EPA
on November 14, 1993 and supplemented on March 18, 1994 and March 30,
1994 by Puerto Rico for the Municipality of Guaynabo PM10
nonattainment area. Specifically, EPA is approving the emissions
inventory, the control strategy including RACM and RACT, the
demonstration that the Municipality of Guaynabo PM10 nonattainment
area will attain the PM10 NAAQS by December 31, 1994 and maintain
the PM10 NAAQS through 1999, the NSR permit provisions and the
contingency measures. EPA determined that PM10 precursor controls
are not needed for attainment. EPA is approving the revisions to the
Puerto Rico Regulations for the Control of Atmospheric Pollution which
include the following: Part I; Rule 102, ``Definitions,'' Part II; Rule
201, ``Location Approval,'' Rule 202, ``Air Quality Impact Analysis,''
Rule 203, ``Permit to Construct a Source,'' and Part IV; Rule 401,
``Generic Prohibitions,'' Rule 402, ``Open Burning,'' Rule 403,
``Visible Emissions,'' Rule 404, ``Fugitive Dust,'' [[Page 28338]] and
Rule 423, ``Limitations for the Guaynabo PM10 Nonattainment
Area.'' EPA is approving this PM10 SIP submittal in relation to
its satisfying all Act requirements.
Previously, the Governor of Puerto Rico was notified on December
16, 1991 by the EPA Regional Administrator that Puerto Rico had not
submitted the PM10 SIP requirements due on November 15, 1991. This
action formally started both an 18-month Sanction clock and a 24-month
Federal Implementation Plan (FIP) clock. In a January 15, 1993 letter,
the Governor was notified that another 18-month Sanction clock and 24-
month FIP clock, for the failure to submit a permit program for the NSR
requirements by June 30, 1992, had begun. Since the November 14, 1993
submittal was found to be complete, the findings made on December 16,
1991 and January 15, 1993 of non-submittal have been corrected and no
sanctions will be imposed. With the approval of this SIP revision, all
Clean Air Act requirements have been met and it is no longer necessary
for EPA to adopt a FIP to address the PM10 deficiencies.
This notice is issued as required by Section 110 of the Clean Air
Act, as amended. The Administrator's decision regarding the approval of
this plan revision is based on its meeting the requirements of Section
110 of the Clean Air Act, and 40 CFR Part 51.
The Agency has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments
enacted on November 15, 1990. The Agency has determined that this
action conforms with those requirements irrespective of the fact that
the submittal preceded the date of enactment.
Nothing in this rule should be construed as permitting or allowing
or establishing a precedent for any future request for revision to any
SIP. Each request for revision to any SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a federal mandate that may result in
estimated annual costs of $100 million or more to the private sector,
or to state, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the state and any affected local or tribal governments have
elected to adopt the program provided for under sections 110(a)(2),
172(c), 173 and 189(a) of the Clean Air Act. These rules may bind
state, local and tribal governments to perform certain actions and also
require the private sector to perform certain duties. To the extent
that the rules being approved by this action would impose any mandate
upon the state, local or tribal governments either as the owner or
operator of a source or as a regulator, or would impose any mandate
upon the private sector, EPA's action would impose no new requirements;
such sources are already subject to these regulations under state law.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, result from this action. EPA has
also determined that this final action does not include a mandate that
may result in estimated annual costs of $100 million or more to state,
local, or tribal governments in the aggregate or to the private sector.
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
Under section 307(b)(l) of the Act, petitions for judicial review
of this rule must be filed in the United States Court of Appeals for
the appropriate circuit within 60 days from date of publication. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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 rule may not be challenged later in proceedings to
enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.
Dated: May 14, 1995.
William J. Muszynski,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart BBB--Puerto Rico
2. Section 52.2720 is amended by adding new paragraph (c)(35) to
read as follows:
Sec. 52.2720 Identification of plan.
* * * * *
(c) * * *
(35) A revision submitted on November 14, 1993 by the Chairman of
the Puerto Rico Environmental Quality Board (EQB) for the Municipality
of Guaynabo. The submittal was made to satisfy those moderate PM10
nonattainment area SIP requirements due for the Municipality of
Guaynabo as outlined in the Clean Air Act of 1990.
(i) Incorporation by reference:
(A) Regulations:
(1) Amendments to Part I, Rule 102, ``Definitions,'' of the Puerto
Rico Regulations for the Control of Atmospheric Pollution, effective
April 2, 1994.
(2) Amendments to Part II, Rule 201, ``Location Approval,'' Rule
202, ``Air Quality Impact Analysis,'' and Rule 203, ``Permit to
Construct a Source,'' of the Puerto Rico Regulations for the Control of
Atmospheric Pollution, effective April 2, 1994.
(3) Amendments to Part IV, Rule 401, ``Generic Prohibitions,'' Rule
402, ``Open Burning,'' Rule 403, ``Visible Emissions,'' Rule 404,
``Fugitive Dust,'' and Rule 423, ``Limitations for the Guaynabo
PM10 Nonattainment Area,'' of the Puerto Rico Regulations for the
Control of Atmospheric Pollution, effective April 2, 1994.
(B) Memoranda of Understanding (MOU):
(1) MOU signed by the Chairman of EQB and the Executive Director of
Puerto Rico Electrical Power Authority, San Juan plant, limiting the
sulfur-in-fuel level, annual operation capacity, and requiring the
submittal of monthly sampling reports of its fuel's sulfur content,
effective January 31, 1994.
(2) MOU signed by the Chairman of EQB and the Secretary of Puerto
Rico Department of Transportation and Public Works and the Executive
Director of the Highway Authority to maintain and control the
reconstruction of existing roads and the construction of new roads,
effective July 2, 1993.
(3) MOU signed by the Chairman of EQB and the Mayor of the
Municipality of Guaynabo to pave and maintain the streets, roads and
parking areas located in the Municipality of Guaynabo, effective
December 13, 1993.
(4) MOU signed by the Chairman of EQB and the Executive Director of
the Puerto Rico Port Authority to pave and maintain the streets, roads,
and parking areas that lead into the port area in Puerto Nuevo,
Guaynabo and San Juan, effective October 14, 1993.
[FR Doc. 95-13181 Filed 5-30-95; 8:45 am]
BILLING CODE 6560-50-P
