Approval and Promulgation of PMINF10 Implementation Plan for the Commonwealth of Puerto Rico

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.

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

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