[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19641]
[[Page Unknown]]
[Federal Register: August 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region II Docket No. 126, PR3-1-6331, FRL-5030-4]
Approval and Promulgation of PM10 Implementation Plan for
the Commonwealth of Puerto Rico
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rulemaking.
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SUMMARY: The EPA proposes full approval of the State Implementation
Plan (SIP) submitted by the Commonwealth of Puerto Rico for the purpose
of attaining the National Ambient Air Quality Standards (NAAQS) for
fine 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.
DATES: Comments must be received on or before the later of the
following two dates: either September 12, 1994 or 14 days after the
date of an EPA public meeting to discuss the proposal. The date, times
and place of this public meeting will be announced in Puerto Rico
shortly.
ADDRESSES: All comments should be addressed to:
Jeanne M. Fox, Regional Administrator, Environmental Protection Agency,
Region II Office, 26 Federal Plaza, New York, NY, 10278; 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.
Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region II Office, Library, 26 Federal
Plaza, Room 402, New York, NY, 10278.
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.
FOR FURTHER INFORMATION CONTACT:
William S. Baker, Chief, Air Programs Branch, Environmental Protection
Agency, Region II Office, 26 Federal Plaza, Room 1034A, New York, New
York, 10278, (212) 264-2517; 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 be designated
nonattainment. The Municipality of Guaynabo, Puerto Rico was designated
nonattainment for PM10 and classified as moderate based on
violations measured in 1987 in the Municipality. The Act requires state
or territorial governments to revise the SIP for all areas that are
designated as nonattainment to ensure that the NAAQS will be attained.
Under the context of 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. Clean Air Act Requirements for PM10 SIP's
The air quality planning requirements for areas designated
nonattainment for PM10 are set out in subparts 1 and 4 of Title I
of the Act. EPA intends to review SIP's and SIP revisions submitted
under Title I of the Act, including those state submittals addressing
moderate PM10 nonattainment areas according to the ``General
Preamble.'' Because EPA is describing the PM10 requirements here
only in broad terms, the reader should refer to the ``General
Preamble'' for a more detailed discussion of the PM10
requirements, and guidance on meeting those requirements.
States containing moderate PM10 nonattainment areas were
required to submit, among other things, the following elements by
November 15, 1991:
A. Regulations to assure that reasonably available control measures
(RACM) [including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)] shall be implemented no
later than December 10, 1993;
B. Either a demonstration (including air quality modeling) that the
plan will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 or a demonstration that attainment by that
date is impracticable;
C. Quantitative milestones which are to be achieved every three
years and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
D. Provisions to assure that the control requirements applicable to
major stationary sources of PM10 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 nonattainment area
(sections 172(c), 188, and 189.)
There are requirements for a New Source Review (NSR) permit program
and contingency measures that are due at a later date:
E. States with a moderate PM10 nonattainment area were
required to submit a NSR permit program SIP revision for the
construction and operation of new and modified major stationary sources
of PM10 by June 30, 1992 [section 189 (a)(2)]. The specific NSR
requirements for moderate PM10 nonattainment areas are:
1. Definition of the term ``major stationary source'' that reflects
thresholds of 100 tons per year (tpy) for PM10 and, presumptively,
100 tpy for each PM10 precursor for determination of whether a
source is subject to Part D requirements as a major source;
2. Provisions to ensure that new or modified major stationary
sources obtain emission offsets at an offset ratio of at least one to
one;
3. Requirements applicable to major sources of PM10 are also
applicable to major sources of PM10 precursors, except where EPA
determines that the sources of PM10 precursors do not contribute
significantly to PM10 levels which exceed the PM10 NAAQS in
the area. The EPA generally considers sulfur dioxide (SO2),
nitrogen oxides (NOX), and volatile organic compounds (VOC) to be
PM10 precursors for NSR purposes; and
4. Provisions to ensure that the significance threshold for a
modification to be major, and therefore subject to the section 173
permit requirements, is 15 tpy for PM10 and, presumptively, 15 tpy
for each PM10 precursor.
F. States must submit contingency measures by November 15, 1993
which become effective without further action by the state or EPA, upon
a determination by EPA that the area has failed to achieve RFP or to
attain the PM10 NAAQS by the applicable statutory deadline. This
requirement is described in section 172(c)(9) of the Act and 57 FR
13543-13544.
General requirements for implementation plans are contained in
section 110 of the Act and sets out provisions governing EPA's review
of SIP submittals (see 57 FR 13565-13566). The Act requires states to
observe certain procedural requirements in developing implementation
plans and plan revisions for submission to EPA. Section 110(a)(2) of
the Act provides that each implementation plan submitted by a state
must be adopted after reasonable notice and public hearing.1
Section 110(l) of the Act similarly provides that each revision to an
implementation plan submitted by a state under the Act must be adopted
by such state after reasonable notice and public hearing. EPA also must
determine whether a submittal is complete and therefore warrants
further EPA review and action [see section 110(k)(1) and 57 FR 13565].
EPA's completeness criteria for SIP submittals are set out at Title 40
Code of Federal Regulation (CFR) Part 51, Appendix V (1991), as amended
by 57 FR 42216 (August 26, 1991).
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\1\Also section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
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III. Analysis of Puerto Rico's SIP Submission
For a more detailed discussion of Puerto Rico's submittal and EPA's
proposed action on the submittal, the reader should refer to the
Technical Support Document developed for this proposed action and found
at the previously mentioned addresses.
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 signed by the
Secretary of State on March 2, 1994. On November 14, 1993, the plan was
submitted to EPA as a revision to the SIP. The submittal was
supplemented with administrative documents on March 18, 1994 and March
30, 1994. The SIP revision submitted on November 14, 1993 and
supplemented on March 18, 1994 and March 30, 1994 was reviewed by EPA
to determine completeness in accordance with the completeness criteria
set out at 40 CFR 51, and found to be complete.
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. In this action, EPA is proposing to approve
the SIP revision submitted to EPA on November 14, 1993 and supplemented
on March 18, 1994 and March 30, 1994.
B. Emissions Inventory
Section 172(c)(3) of the Act requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The emissions inventory should also include a
comprehensive, accurate, and current inventory of allowable emissions
in the area. Because the submission of such inventories are necessary
to an area's attainment demonstration, the emissions inventories must
be received with the submission (see 57 FR 13539).
Puerto Rico submitted an emissions inventory for base year 1990.
The base year inventory identified area sources as the primary cause of
PM10 nonattainment contributing approximately 79 percent of the
total emissions during the time the violations were recorded.
Additional contributing sources included point sources (19 percent),
microinventory sources including fugitive dust sources (one percent),
and marine vessels (one percent).
EPA is proposing to approve the emissions inventory because it
generally appears to be 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.2
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\2\EPA issued guidance on PM10 emissions inventories prior
to the enactment of the Clean Air Act Amendments in the form of the
1987 PM10 SIP Development Guideline. The guidance provided in
this document appears to be consistent with the Act.
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C. RACM (Including RACT)
As previously noted, moderate PM10 nonattainment areas must
submit provisions to assure that RACM (including RACT) are implemented
no later than December 10, 1993 [see sections 172(c)(1) and
189(a)(1)(C)]. The ``General Preamble'' contains a detailed discussion
of EPA's interpretation of the RACM (including RACT) requirement (see
57 FR 13539-13545 and 13560-13561).
Puerto Rico submitted provisions to assure the implementation of
RACM (including RACT) by December 10, 1993. The SIP contains
enforceable commitments by the Puerto Rico Environmental Quality Board
(PREQB) to achieve various RACM requirements in the regulations as well
as through Memoranda of Understanding (MOU). The PREQB has signed MOU's
with various entities to include details of how the various RACM
requirements will be implemented. Further discussion on the MOU's is
included in the enforceability section `G'. The three RACM's contained
in the SIP address measures to control emissions from urban fugitive
dust sources such as re-entrained road dust from paved roads, unpaved
roads and parking lots, and windblown dust from construction sites and
other areas;
1. The SIP determined that an efficiency of 25 percent was
reasonable in controlling emissions of fugitive dust from paved roads.
2. The SIP determined that a control effectiveness of 70 percent
was reasonable in controlling emissions of fugitive dust from unpaved
roads, based on the use of chemical stabilization. Also, a control
effectiveness of 90 percent is used for unpaved roads and parking lots
located at industrial facilities in the Municipality of Guaynabo.
3. Due to uncertainties in quantifying the emission reduction
benefit for construction sites and other areas where land is subject to
wind erosion, no credit was taken in the attainment demonstration for
emission reductions. However, controlling these sources using Puerto
Rico's SIP measures will further assure attainment of the NAAQS in the
Municipality of Guaynabo.
In addition to the control measures for fugitive dust sources, five
point source categories were identified as contributing to the
PM10 nonattainment problem in the Municipality of Guaynabo. RACT
for these source categories are:
1. Electric Utilities (greater than 25 megawatts of generating
capacity) are limited to the use of 1.5 percent sulfur in No. 6 fuel
oil;
2. Petroleum Refineries are limited to the use of 1.0 percent
sulfur in No. 6 fuel oil;
3. Grain Handling facilities must install control equipment that is
99.5 percent efficient; prohibit clam unloading of barges; require all
material handling operations including truck loading/unloading, and
ship unloading to take place in fully enclosed rooms and vented to a
control device; and implement a street cleaning program for all yard
activities associated with vehicular activities;
4. Asphalt Blowing facilities must install control equipment that
controls 90 percent of the emissions; and
5. Quarries/Rock Crushing operations must utilize water to suppress
dust thus achieving a 70 percent reduction in emissions.
The RACT regulations will apply to sources in these source
categories which are located in or have an impact on the Municipality
of Guaynabo. The following table includes the estimated PM10
emissions before and after controls for the source categories
previously mentioned.
------------------------------------------------------------------------
Base year emissions RACT emissions
(tpy) (tpy) Emission
Source category ------------------------------------------ reductions
Actual Allowable Actual Allowable (tpy)
------------------------------------------------------------------------
Electric Utilities 2196.9 5814.2 2079.0 4908.7 905.5
Petroleum
Refineries....... 42.1 167.8 42.1 167.8 30.0
Grain Handling.... 214.3 256.0 25.0 33.0 4223.0
Asphalt Blowing... 59.5 81.8 6.0 8.2 73.6
Quarries/Rock
Crushing
Operation........ 74.6 74.6 74.6 74.6 30.0
-----------------------------------------------------
Total....... 2587.4 6394.4 2226.7 5192.3 1202.1
------------------------------------------------------------------------
3The SIP requires that RACT be applied to these source categories, but
the analysis had uncertainties in the precise calculation of the
emission reduction benefit. Puerto Rico has chosen, in essence, no
credit to be taken towards attainment for the application of RACT on
these sources and instead that they act as additional measures to make
certain the area attains the NAAQS.
4The emission reductions presented in the table also reflect the
reductions from installing control equipment as well as paving the
truck haul roads at the grain handling facilities and other control
measures.
Puerto Rico commits to implementing the control measures (RACM and
RACT) by December 10, 1993. Control of the point source categories is
expected to result in an estimated emission reduction in PM10 of
1,202.1 tpy in the area. EPA has reviewed Puerto Rico's explanation and
associated documentation and concluded that it adequately justifies its
choice of control measures to be implemented. The implementation of
Puerto Rico's PM10 nonattainment plan control strategy will result
in the attainment of the PM10 NAAQS by December 31, 1994. By this
notice, EPA is proposing to approve the control strategy comprising
RACM including RACT.
D. Demonstration of Attainment
As previously noted, moderate PM10 nonattainment areas must
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 section 189(a)(1)(B) of the
Act).
PREQB performed an attainment demonstration using the Industrial
Source Complex (ISC2) dispersion model and five years of National
Weather Service meteorological data. This demonstration indicates the
NAAQS for PM10 will be attained by December 31, 1994 in the
Municipality of Guaynabo and maintained throughout the future to year
1999. The demonstration predicted the highest 24-hour average
concentration by the attainment date of December 31, 1994 will be 111.3
g/m3, compared to the 24-hour PM10 NAAQS of 150
g/m3. The peak annual concentration predicted by the
model for the attainment year is 48.9 g/m3, compared to
the annual PM10 NAAQS of 50 g/m3. The demonstration
also showed that the PM10 NAAQS will be maintained in future years
through the year 1999.
E. New Source Review PM10 Permit Program
The general statutory permit requirements for moderate PM10
nonattainment areas are contained in section 173 and in subpart 4 of
Part D of the Act. For moderate PM10 nonattainment areas, states
must adopt the appropriate major source threshold, offset ratio,
significance level for modifications, and provisions for PM10
precursors. The following summarizes how Puerto Rico's SIP submittal
addresses the NSR requirements.
1. Puerto Rico has established a major source threshold of 100 tpy,
a minimum offset ratio of one to one, and a modification significance
level of 15 tpy. These provisions meet the minimum federal requirements
and are, therefore, approvable.
2. Puerto Rico has satisfied the requirement to demonstrate that
the control requirements which are applicable to major stationary
sources of PM10, should also apply to major stationary sources of
PM10 precursors, such as SO2, VOC and NOX. However, such
requirements will not apply where the EPA Administrator and the Board
determine that such sources of PM10 precursors do not
significantly contribute to PM10 levels which exceed the PM10
ambient standards.
3. The provisions to ensure the lifting of construction bans
previously imposed on states which did not have an approved
nonattainment NSR SIP are not applicable to Puerto Rico since it did
not have a construction ban.
4. The provisions to assure that calculation of emissions offsets,
as required by section 173(a)(1)(A), are based on the same emissions
baseline used in the demonstration of RFP are already contained in
Puerto Rico's existing regulations.
5. Puerto Rico's Rule 203 provides that a permit to construct or
modify a source may be granted for a proposed new major source or major
modification of an existing major source only if the applicant has
received a valid location approval. Rule 201 provides that a location
approval may be granted only if an emission offset is provided and the
``emission reductions must [be] based in actual emissions and federally
enforceable, through a permit condition made to the existing source, by
the time the new or modified source commences operation.'' EPA
interprets these rules to require an applicant for a new major source
or a major modification to an existing major source to secure federally
enforceable emission reductions before a permit to construct or modify
is granted, and to require that such emission reductions be federally
enforceable and in effect by the time the new or modified source
commences operation. That is, the permit condition for emission
reductions by the existing source will not have an effective date
beyond the date when the new or modified source commences operation.
EPA therefore proposes approval of these rules as satisfying
requirements in section 173(a & c).
6. The provisions to assure that emissions increases from new or
modified major stationary sources are offset by real reductions in
actual emissions as required by section 173(c)(1) are contained in the
revised regulations, and are therefore approvable.
7. The provisions to prevent emissions reductions otherwise
required by the Act from being credited for purposes of satisfying the
Part D offset requirements are contained in the regulations, and are
therefore approvable.
8. Provisions that, as a prerequisite to issuing any part D permit,
require an analysis of alternative sites, sizes, production processes,
and environmental control techniques for proposed sources that
demonstrates that the benefits of the proposed source significantly
outweigh the environmental and social costs imposed as a result of its
location, construction, or modification, are included in the revised
regulation, and are therefore approvable.
9. Puerto Rico has included a provision, in accordance with section
173(d) of the Act, for supplying information from nonattainment NSR
permits to EPA's RACT/BACT/LAER clearinghouse. This provision is
therefore approvable.
EPA is proposing to approve the PM10 NSR permit program SIP
revision.
F. 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 RFP toward attainment by December 31,
1994 (see section 189(c) 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.
For moderate PM10 nonattainment areas, the emissions
reductions progress made between the SIP submittal due date of November
15, 1991 and the attainment date of December 31, 1994 will satisfy the
first quantitative milestone. The deminimis timing differential makes
it administratively impracticable to require separate milestone and
attainment demonstrations. Thus, EPA's policy is to deem that the
emissions reductions progress made between the SIP submittal due date
and the attainment date will satisfy the quantitative milestone
requirement for these areas (see 57 FR 13539).
G. Enforceability
All measures and other elements in the SIP must be enforceable by
the state and EPA (see sections 172(c)(6), 110(a)(2)(A) and 57 FR
13556). The EPA's criteria addressing the enforceability of SIP's and
SIP revisions are stated in a September 23, 1987 memorandum (with
attachments) from J. Craig Potter, Assistant Administrator for Air and
Radiation, et al. (see 57 FR 13541). 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 specific control measures contained in the SIP are addressed
under the section headed ``RACM (including RACT).'' These control
measures apply to the types of activities identified in that
discussion. The SIP provides that only specific sources in the
PM10 nonattainment area and/or that significantly impact the
nonattainment area will be subject to the applicable control measures.
Several minor sources were excluded in the control strategy because
they do not contribute significantly to the modeled exceedances of the
NAAQS.
Consistent with the attainment demonstration described above, 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 commence by February 15, 1994, and must be completed by
November 30, 1994. 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.
RACT for stationary point sources is also enforced by PREQB through
federally enforceable permit conditions.
In addition to the RACT requirements for stationary sources, the
SIP contains enforceable commitments by PREQB to achieve various RACM
requirements. To implement these measures, PREQB 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 for 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, 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 based on some of these RACM measures, and
thus EPA expects them to be implemented by that date. Once incorporated
into the approved SIP, the requirements of the MOU may not be changed
except by a revision to the SIP 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 proposes to approve Puerto Rico's definition of
``PM10,'' since the relevant test methods are found in other
provisions of the regulations.
H. Contingency Measures
As provided in section 172(c)(9) of the Act, all moderate PM10
nonattainment area SIP's that demonstrate attainment must include
contingency measures (see generally 57 FR 13543-44). These measures
must be submitted by November 15, 1993 for the moderate PM10
nonattainment areas. Contingency measures should consist of other
available measures that are not part of the area's control strategy.
These measures must take effect without further action by the State or
EPA, upon a determination by EPA that the area has failed to make RFP
or attain the PM10 NAAQS by the applicable statutory deadline. The
Municipality of Guaynabo PM10 nonattainment area SIP contains the
following six contingency measures and are included in Rule 423(D):
1. Puerto Rico Department of Transportation shall collect data on
silt content and dust loadings for highways in the Municipality of
Guaynabo for better estimating PM10 emissions following EPA's
``Compilation of Air Pollution Emission Factors'' (AP-42) procedures.
2. The Municipality of Guaynabo shall require vegetation, chemical
stabilization, or other abatement of wind erodible soils.
3. Diesel fuel oil with a sulfur in fuel less than 0.3 percent
shall be used by all vessels operating in San Juan Bay.
4. No visible emissions from any vessel shall be permitted in the
San Juan Bay except as provided in Rule 403 of the regulations.
5. The Port Authority shall implement a street cleaning program or
other program to prevent dust from collecting on paved surfaces in
their jurisdiction.
6. The Municipality of San Juan must revise the dust and fire
abatement programs at its sanitary landfill in order to establish
additional pollution control strategies.
The SIP provides that each of these measures can take effect
without further action by Puerto Rico or EPA should EPA determine that
the Municipality of Guaynabo PM10 nonattainment area has failed to
achieve RFP or to attain the PM10 NAAQS by December 31, 1994.
After review of the contingency measures described above, EPA is
proposing to approve the Municipality of Guaynabo PM10
nonattainment area contingency measures.
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 state's RACT/RACM strategies, EPA has determined
that no direct controls of PM10 precursors are needed for
attainment. Nonetheless, Puerto Rico has chosen to include a provision
for NSR purposes wherein the requirements for PM10 precursors
apply unless EPA and PREQB determine otherwise.
Note that while EPA is making a general finding for this area, this
finding is based on the current character of the area including, for
example, the existing mix of sources in the area. It is possible,
therefore, that future growth could change the significance of
precursors in the area. The EPA intends to issue future guidance
addressing such potential changes in the significance of precursor
emissions in an area.
IV. Summary
EPA is proposing to approve the plan revision submitted on November
14, 1993 by Puerto Rico for the Municipality of Guaynabo PM10
nonattainment area. Specifically, EPA is proposing to approve 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 proposes to approve this SIP
submittal in relation to its satisfying all Act requirements, therefore
addressing the findings made by EPA on December 16, 1991 and January
15, 1993.
EPA is requesting comments on all aspects of this proposal. EPA
will consider all comments received before taking final action.
V. Miscellaneous
Nothing in this proposed 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 the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and Subchapter I, Part D of the Act
do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moveover,
due to the nature of the federal-state relationship under the Clean Air
Act, preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
Act forbids EPA to base its actions concerning SIP's on such grounds.
Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C.
7410(a)(2).
This proposed rule has been classified as a Table 2 action by the
Regional Administrator under the procedures published in the Federal
Register on January 19, 1989 (54 FR 2214-2225), as revised by an
October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation. A future notice will inform the
general public of these tables. On January 6, 1989, the Office of
Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222)
from the requirements of section 3 of Executive Order 12291 for a
period of two years. The EPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. The Office of Management and
Budget has agreed to continue the temporary wavier until such time as
it rules on EPA's request. This request continues in effect under
Executive Order 12866 which superseded Executive Order 12291 on
September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 21, 1994.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 94-19641 Filed 8-10-94; 8:45 am]
BILLING CODE 6560-50-P
