DECEMBER 2008 

### COMMONWEALTH OF PUERTO RICO

OFFICE OF THE GOVERNOR ENVIRONMENTAL QUALITY BOARD



# Limited Maintenance Plan 24 Hour Particulate Matter (PM 10 

# ) National Ambient Air Quality Standards and Redesignation Request for the Municipality of Guaynabo Moderate Nonattainment Area State Implementation Plan RevisionDraft

December 2008 

### TABLE OF CONTENTS

1. Executive Summary ................................................................... 1

2. Background ............................................................................ 2

3. Demonstration of Compliance with Section 107(d)( 3)(E) of Clean Air Act ... 4

a. Criteria 1: Attainment Demonstration .............................. ....... 4

b. Criteria 2: Approval of a fully SIP under Secti on 110(k) ............... 6

c. Criteria 3: Improvements in Air Quality due to permanent
and Enforceable Emission Reduction .......................................... 7

d. Criteria 4: Clean Air Act Section 110 and Part D requirements ....... 12

e. Criteria 5: Air Quality Maintenance Plan .................. ............... 13

i. Attainment Emission Inventory .................................... 14 ii. Control Measures Necessary to Maintain the NAAQ S ......... 16

iii. Maintenance Demonstration ........................................ 16 iv. Monitoring Network ................................................. 16

v. Verification of Continued Attainment ............................. .17 vi. Contingency Plan ..................................................... 17 vii. Transportation Conformity ..........................................18

4. Amendments to Rule 423 Regulation for the Contro l of Atmospheric

Pollution ............... ...................................................................... 20Draft

December 2008 

### List of Tables

Table I - National Ambient Air Quality Standards P article Pollution 1990 Table II - National Ambient Air Quality Standards Particle Pollution 2006 Table III - PM10 Monitoring Network Municipality o f Guaynabo Table IV - PM10 Monitoring Description from AIRS

Table V - Reasonable Control Measures Table V - Reasonable Available Control Technology Table VI – PM10 Emission Inventory for the Municip ality of Guaynabo Table VII – PM10 Emission Inventory for the Munici pality of Guaynabo



### Appendices

Appendix A – Memorandum of Understanding with the D epartment of Transportation and Public Works Appendix B - Memorandum of Understanding with the w ith the Municipality of Guaynabo Appendix C - Memorandum of Understanding with the P ort Authority Appendix D – Approval and Promulgation of the PM 10 Implementation Plan for

the Commonwealth of Puerto Rico Appendix E – Calculation Design Value Appenddix F- Calculation of the Motor Vehicle Regio nal Analysis Methodology for the Municipality of Guaynabo Appendix G - PM 10 Emission Inventory for the Guaynabo Nonattainment AreaDraft

December 2008 

### Acronyms and Abbreviations

AIRS - Aerometric Information Retrieval System

CAA - Clean Air Act CFR - Code of Federal Regulations DOTPW - Department of Transportation and Public Wor ks DV - design value

EPA - U.S. Environmental Protection Agency

LMP - Limited Maintenance Plan

MOS - Margin of Safety NAAQS - National Ambient Air Quality Standards

NAMS - National Ambient Monitoring Sites PREQB - Puerto Rico Environmental Quality Board

RACM - Reasonable Available Control Measures

RACT - Reasonable Available Control Technology

SIP - State Implementation Plan

SLAMS - State and Local Ambient Monitoring Sites

VMT - vehicle miles traveledDraft

December 2008 Page 1 

### 1. Executive Summary

The Municipality of Guaynabo is a moderate nonattai nment area for the National Ambient Air Quality Standard (NAAQS) for particle m atter with a diameter of less than 10 microns in size (PM 10 ). On May 31 1995, the Environmental Protection Ag ency (EPA) approved State Implementation Plan (SIP) whic h includes the control strategies demonstrating that the Municipality of Guaynabo wou ld attain the PM 10 NAAQS by the applicable attainment date of December 31, 1994.

Based on air quality data the Municipality of Guayn abo has not recorded a violation of

the PM 10 NAAQS after the approval of the SIP. Therefore, th e Commonwealth of Puerto Rico has prepared a limited maintenance plan for th e redesignation of the Municipality of Guaynabo as an attainment area for the PM 10 NAAQS.

The redesigantion request is based on the requireme nts established in the memorandum

entitled Limited Maintenance Plan for Moderate PM 10 Nonattainment Areas (LMP) published by EPA on August 9, 2005. This policy is a streamlined process that establishes the criteria and steps that are necessa ry for the redesignation request and maintenance plan for moderate PM 10 nonattainment areas such as the Municipality of Guaynabo under §107 of the CAA.

The information included in this plan demonstrates that the Municipality of Guaynabo meets the CAA requirements for PM 10 NAAQS, qualifies and complies with the requirements established in the LMP. As part of th e demonstration of attainment a maintenance plan is included to assure continued at tainment for ten years after redesignation of the Municipality of Guaynabo.

The plan is a formal request to EPA to redesignate the Municipality of Guaynabo

moderate PM 10 nonattainment area to attainment.Draft

December 2008 Page 2 

### 2. Background

As required by the CAA in 1987, the Environmental P rotection Agency (EPA) revised the particulate matter National Ambient Air Quality Standard (NAAQS) from total suspended particle (TSP) to particulate matter less that ten micrometers in diameter (PM 10 ). The standard was changed to better protect publ ic health and the environment.

The primary and secondary NAAQS for PM 10 are for 24 hour and annual concentrations,

in 1987 were as follows:

Table I-National Ambient Air Quality Standards for Particle Pollution 1990

Pollutant Primary Stds. Averaging Times Secondary Stds.

Particulate Matter (PM 10 ) 50 μg/m 3 Annual (Arithmethic Mean) Same as Primary

150 μg/m 3 24-hour Same as Primary

The Clean Air Act, as amended in 1990, required tha t all areas that have measured a violation of the NAAQS for PM 10 before January 1, 1989 be designated nonattainment

. On November 15, 1990 by operation of law the Munici pality of Guaynabo, Puerto Rico was designated nonattainment for PM 10 and classified as moderate based on violations

measured in 1987 1

.

On May 31, 1995 2 , EPA approved the revision to the State Implementa tion Plan (SIP) for the purpose of attaining the NAAQS for PM 10 and became effective on June 30, 1995.

The SIP ensured that the PM 10 for the NAAQS would be attained by December 31, 19 94 as required by the CAA 3

.

Again, EPA revised the air quality standards for pa rticle pollution in 2006. The EPA decided to retain the existing 24-hour PM 10 standard of 150 μg/m 3 and to revoke the

annual PM 10 standard. The EPA made this decision because avai lable evidence does not suggest a link between long-term exposure to PM 10 and health problems. Therefore, the NAAQS for PM 10 that the Commonwealth of Puerto Rico has to demons trate attainment

is for the 24 hour standard. The 24 hour standard for PM 10 is as follows:

Table II-National Ambient Air Quality Standards for Particle Pollution 2006

Pollutant Primary Stds. Averaging Times Secondary Stds.

Particulate Matter (PM 10 ) 150 μg/m 3 24-hour Same as Primary

1 56 FR 11101, March 15, 1991.

2 60 FR28333

3 §§189(c)(1) and 189(a)(1)(B) of the CAA.Draft

December 2008 Page 3 The Commonwealth of Puerto Rico is requesting the r edesignation of the Municipality of Guaynabo from nonattainment of the PM 10 NAAQS the to attainment using the EPA policy entitled, Limited Maintenance Plan Option fo r Moderate PM 10 Nonattainment

Areas.

The LMP requires that the criteria under § 107(d)(3 ) (E) of the CAA must be met in order to request that a nonattainment area be redesignate d to attainment. The criteria of Section 107(d)(3)(E) of the CAA, includes the requirements that an area must meet to request the redesignation to attainment. The requirements are the following: (1) The Administrator determines that the area has attained the applicable National Ambient Air Quality Standards; (2) The Administrator has fully approved the applic able State Implementation Plan (SIP) for the area under section 110(k) of the Act; (3) The Administration determines that the improvem ent in air quality is due to permanent and enforceable reductions in emissions r esulting from implementation plan, applicable Federal air pollution control regu lations, and other permanent and enforceable reductions; (4) The State containing the area has met all requi rements applicable to the area under section 110 and part D of the Act; and (5) The Administrator has fully approved a maintena nce plan for the area as meeting the requirements of section 175 A of the Act.

The following sections discuss the above requiremen ts and provide the basis for the redesignation of the Municipality of Guaynabo 24 ho ur PM 10 NAAQS non attainment

area to attainment.Draft

December 2008 Page 4 

### 3. Demonstration of Compliance with Section 107(d)( 3)(E)

The following is a discussion of the criteria of §1 07(d)(3)(E) of the CAA included in the

LMP.

a. Criteria (1): Attainment Demonstration (The Administrator determines that

the area has attained the applicable National Ambie nt Air Quality Standards)

A demonstration of attainment was included as part of the revision of the State Implementation Plan (SIP) approved in May 31, 1995. The attainment demonstration required PM 10 moderate nonattainment areas to submit a plan which provided for attainment of the PM 10 NAAQS as expeditiously as practicable but no later than December 31, 1994.

The Commonwealth of Puerto Rico performed an attain ment demonstration using the Industrial Source Complex (ISC2) dispersion mod el and five years of National Weather Service meteorological data. The EPA guidan ce recommends that the implementation plan show maintenance of the PM 10 NAAQS for at least three years beyond the attainment date. The demonstration included in the implementation plan for PM 10 for the Municipality of Guaynabo indicated that th e NAAQS for PM 10 were attained by December 31, 1994. In addition, the

demonstration of attainment of the Commonwealth of Puerto Rico for the Municipality of Guaynabo went beyond EPA's recommen dation demonstrating

maintenance of the PM 10 NAAQS until 1999.

Also, the Puerto Rico Environmental Quality Board ( PREQB) has established and operated a PM 10 monitoring network in accordance with the provisio ns of 40 CFR Part 58. This provides a basis for assessing the a ttainment status of the Municipality of Guaynabo. Ambient PM 10 data have been obtained from two monitors located in the northern part of the Munici pality of Guaynabo. Table III

shows the UTM and Puerto Rico coordinates for each monitor. Table IV

summarizes the information from the EPA Aerometric Information Retrieval System (AIRS) Air Quality Subsystem Site Descriptio n Inventory.

Table III- PM 10 Monitoring Network Municipality of Guaynabo

Site ID EPA AIRS Number

EPA AIRS Number Location Location UTM Coordinates (m)

EQB 7 72-061-0001 USGS Building North: 2039520.62 East: 804645.36

EQB 24 72-061-0005 Electrical Substation North: 2040520.13 East: 804756.17Draft

December 2008 Page 5 Table IV - PM 10 Monitoring Description from AIRS

Site ID POC Monitor Type Land

Use Location

Setting Probe

Height (m) Elevation

MSL (m) Collection & Analysis

Method

EQB 7 1 SLAMS Industrial Suburban 8 HI-VOL-SA/GMW321-B Gravimetric

EQB 24 1 SLAMS Industrial Suburban 5 3 HI-VOL-SA321A

Gravimetric

Attainment with the 24 hour standard is determined by calculating the expected number of days in a year with PM 10 concentrations greater than 150 μg/m 3 . The 24 hour standard is attained when the expected numb er of days with levels above 150 μg/m 3 averaged over a three year period is less than one or equal to one. Three consecutives years of air quality data is req uired to demonstrate attainment

with the standard.

The attainment date for the Municipality of Guaynab o established by §§188(c)(1) and 189(a)(1)(B) of the CAA was December 31, 1994. The implementation plan submitted for the Municipality of Guaynabo and appr oved by EPA on May 31,

1995 demonstrated that the PM 10 NAAQS were attained by the attainment date. Also, the Commonwealth of Puerto Rico went beyond E PA’s recommendation of demonstrating the maintenance of the PM10 NAAQS bey ond three years and

demonstrated that the standard will be maintained u ntil 1999.

The air quality data in AIRS for the Municipality o f Guaynabo reviewed for the most recent five (5) years demonstrated that no vio lations were recorded during the period of 2002- 2006. During that time the PREQ B under EPA’s Natural Events Policy flagged data caused by the Sahara Dus t and volcanic ash from the

Soufrière Hills located at Montserrat island. In a ddition, excluding exceptional event flagged data, no violations of the 24 –hour P M10 standard have been recorded during the time period from the December 3 1, 1994 attainment date to present. Therefore, the Municipality of Guaynabo m oderate nonattainment area

attained the PM 10 NAAQS by the attainment date of December 31, 1994, and

continue to be in attainment of the standard.

During the time period of 1995 – 2000, the EPA publ ished in the Federal Register various notices identifying those moderate PM 10 nonattainment areas (those designated in 1990 by operation of law) that did no t attain by the December 31, 1994 attainment date. The Municipality of Guaynabo was not included in any of those notices. Therefore, by inference, EPA has de termined that the Municipality of Guaynabo has attained the PM 10 NAAQS.Draft

December 2008 Page 6 b. Criteria (2): Full approval of a State Implement ation Plan under Section 110(k) (The Administrator has fully approved the applica ble State Implementation Plan (SIP) for the area under sectio n 110(k) of the Act.)

Section 110(k) of the CAA establishes the provision s for EPA to review State Implementation (SIP) submittals. As part of the pro cess of approval of the

revision of the SIP of the Commonwealth of Puerto R ico held a public hearing on October 15, 1993 4 . The purpose of the public hearing was to accept p ublic comments on the implementation plan for the Municip ality of Guaynabo PM 10 moderate nonattainment area.

After the public hearing the implementation plan wa s adopted by the

Commonwealth of Puerto Rico and became effective on April 2, 1994 5 . On November 14, 1994, a SIP revision was submitted to EPA. The SIP submittal included revisions to the Puerto Rico Regulations f or the Control of Atmospheric Pollution (PRRCAP) which includes the following:

Part I: General Provisions

Rule 102 - Definitions

Part II: Approval and Permit Rule 201- Location Approva l Rule 202 - Air Quality Imp act Analysis

Rule 203 - Permit to Const ruct a Source

Part IV: Prohibitions

Rule 401 - Generic Prohibi tions Rule 402 - Open Burning

Rule 403 - Visible Emissio ns Rule 404 - Fugitive Dust

Rule 423 - Limitations for the Guaynabo PM10 Nonat tainment Area

The entire SIP revision was reviewed and approved b y EPA on May 15, 1995 and became effective on June 30, 1995 6 . According to the information gathered by Puerto Rico Environmental Quality Board, the Munici pality of Guaynabo has been attaining the PM 10 NAAQS since 1995. This means that the Reasonably Available Control Measures (RACM) including the Rea sonably Available Control Technology (RACT) and contingency measures adopted in the SIP has been effective strategies to attain the PM 10 NAAQS.

4 R-93-27-2

5 R-94-4-8

6 60 FR 28333 – 28338, May 15, 1995.Draft

December 2008 Page 7 c. Criteria (3): Improvements in Air Quality due t o permanent and Enforceable

Emission Reduction (The Administration determines that the improvement in air quality is due to permanent and enforceable red uctions in emissions resulting from implementation plan, applicable Fede ral air pollution control regulations, and other permanent and enforceable re ductions.)

The CAA required the Commonwealth of Puerto Rico th e development of a SIP for the Municipality of Guaynabo PM 10 moderate nonattainment area to assure that Reasonably Available Control Measures (RACM) i ncluding Reasonable Available Control Technology (RACT) be implemented no later than December 10, 1993. As stated in Criteria (2), the SIP appro ved by the EPA included measures to comply with the requirements establishe d in the CAA. The following is a summary of the adopted RACM and RACT, which ar e in place since June 30,

1995:

Reasonably Available Control Measures (RACM)

The analysis of RACM concentrated on measures to co ntrol emissions from fugitive dust sources such as reentrained dust from paved roads, unpaved roads and parking lots, and construction sites and other areas from which windblown dust may emanate. The RACMs were implemented by th e Commonwealth of Puerto Rico through a Memorandum of Understanding ( MOU) between the Puerto Rico Environmental Quality Board and followi ng government entities:

• Department of Transportation and Public Works and t he Executive Director of the Highway Authority to maintain and control the r econstruction of existing roads and the construction of new roads, effective July 2, 1993 7 ;

• Municipality of Guaynabo to pave and maintain the s treets, roads and parking areas located in the Municipality of Guaynabo, effe ctive December 13, 1993 8 ; and

• the Puerto Rico Port Authority to pave and maintain the streets, roads, and parking areas that lead into the port area in Puert o Nuevo, Guaynabo and San Juan, effective October 14, 1993 9

.

The control measures established through the MOUs a re consistent with RACM and been implemented since 1993 and are permanent a nd federally enforceable. Table V includes a summary of the RACM included in Rule 423 of the Regulation of Control for Atmospheric Pollution (RC AP).

7 40 CFR Part 52.2720 (c) (35)(i)(B)(2)

8 40 CFR Part 52.2720 (c) (35)(i)(B)(3)

9 40 CFR Part 52.2720 (c) (35)(i)(B)(4)Draft

December 2008 Page 8 Table V - Reasonable Available Control Measures

Control Measure State Agency Authority

Reduce particle matter by curb pave or stabilize sh oulders for the following highways PR-5, PR-22, PR-24, PR-165 locat ed in the Municipality of Guaynabo

Reduce fugitive dust from paved roads by the operat ion of sweeping machines in the highways listed above at least once per week Department of Transportation

and Public Works and Puerto Rico Highway Authority Rule 423 (C) RCAP 10

Reduce particulate matter by paving or chemically s tabilize any unpaved roads or parking areas and any access point s where unpaved traffic surfaces adjoin paved roads in thei r jurisdiction.

Reduce fugitive dust from paved roads by the operat ion of sweeping machines in the roads, streets and parking areas ab ove at least two times per week Municipality of Guaynabo Rule 423 (C) RCAP 11

Reduce particulate matter by paving or chemically s tabilize any unpaved roads or parking areas and any access point s where unpaved traffic surfaces adjoin paved roads in the following areas: port zone of Puerto Nuevo, Guaynabo, and San Juan

Reduce fugitive dust from paved roads by the operat ion of sweeping machines in the roads, streets and parking areas ab ove at least two times per week

Implementation of engineering good practice for the control of particulate matter emissions during the constructio n of future projects in port zone of Puerto Nuevo, Guaynabo and San Juan. Port Authority Rule 423( C) RCAP 12

The PREQB acknowledges that the Port Authority is w orking towards full compliance with the MOU (for example, engineering good practic e for the control of particulate matter emissions during the construction of future projects should include measures such

as ultra low sulfur diesel fuel and effective exhau st after – treatment retrofits). PREQB will continue its participation in meetings and dis cussions with the Port Authority in order to achieve full compliance, including meeting s for voluntary clean air initiatives with the goal to reduce air pollution from various stationary and/ or mobile sources.

10 See Appendix A

11 See Appendix B

12 See Appendix CDraft

December 2008 Page 9 Reasonable Available Control Technology (RACT)

The emission inventory for the Guaynabo PM 10 nonattainment area identified the sources considered in the RACT analysis. Several m inor sources were excluded from the analysis because additional control techno logy for these sources was determined to be unreasonable since they do not con tribute significantly to the

modeled exceedances of the PM 10 NAAQS. However, some sources located outside the Guaynabo nonattainment area were consid ered in the RACT analysis because they contribute significantly to the modele d exceedances.

The following sources were considered in the RACT a nalysis performed:

• Molinos de Puerto Rico

• Pan American Grain Mfg. Co. – Army Terminal

• Pan American Grain Mfg. Co. – Amelia Plant

• Agro Ochoa Inc.

• Pan American Grain Mfg. Co. – Arroz Rico

• PREPA Palo Seco

• PREPA Puerto Nuevo

• Caribbean Petroleum Company

• Petroleum Chemical Cantera San Antonio

• Canteras de Puerto Rico

The facilities listed above were grouped into gener al categories for the purposes of reviewing the technological and economic feasibi lity of alternative control measures. The categories included were: electric utilities, grain handling and processing facilities, petroleum refineries, asphal t plants, and quarries rock crushing operations.

The adopted control strategies for stationary sourc es approved by EPA provided the necessary controls measures to attain the PM 10 NAAQS by December 31, 1994. The control strategies are currently in plac e and are permanent and federally enforceable. Table VI includes a summary of the RACT included in Rule 423 of the Regulation of Control for Atmospher ic Pollution (RCAP).DraftDecember 2008Page 10Table VI - Reasonable Available Control TechnologyCategoriesControl MeasuresGrain HandlingFacilitiesemploy proper housekeeping and cleaning proceduresthroughout the entire facility, cover all trucks atall times when in motion; maintain all ventilationsystems and dust collection devices; pave all areaswhere vehicles travel and maintain such areas according to a Board-approved street cleaningprogram; prohibit clam loading or unloading of barges or ship; load or unload barges or ships using pneumatic or mechanic telescopic loading spouts ina fully enclosed area except for the space needed to introduce the spout or vent the displace air, both with a ventilation system exhausting to a fabricfilter collection device with a minimum collectionefficiency of 99.5%; load or unload trucks in fullyenclosed sheds or buildings with a ventilationsystem exhausted to a fabric filter dust collectiondevice with a minimum collection efficiency of 99.5%; clean, separate, handle, convey, transfer, andmill grain in fully enclosed sheds or buildings that meet the proposed EPA Reference Method 30 requirements for total enclosure and vent the enclosureto a fabric filter control device with a minimum collection efficiency of 99.5%.Stone Quarries andProcessing Facilityuse, where possible, of water or suitable chemicalsfor the control of dust in quarrying operations; the application, where possible, of water or suitablechemicals on unpaved roads, materials, stockpiles,and other surfaces which can give rise to airbornedust; compliance with any opacity restrictionshall be determined using EPA Reference Method 9 orMethod 22 or an other EPA approved method; and thestationary source shall keepmaintenance logs that show what repairs were done to the dust suppression system. The stationary source shall also maintain an adequate inventoryof spare parts.Electrical Power PlantElectrical Power Plant with a capacity greater than25 megawatts located within the boundaries of or having a significant air quality impact on theGuaynabo PM10Non-Attainment Area, no person shall cause or permit the firing of residual fuel oil with a sulfur content greater than 1.5% (byweight) as a PM10precursor. However, the Board may required a lowersulfur content in the fuel whenever an exceedanceto any applicableprovision in these regulations is demonstrated to affect the attainment of the National Ambient Air Quality Standards (NAAQS) for PM,o in thedesignated non-attainment area. This emission limitations supersedes the limitation in Rule 406.DraftDecember 2008Page 11CategoriesControl MeasuresPetroleum Refineriesfiring of residual fuel oil with a sulfur content greater than 1.0% (by weight) as a PM10precursor. However, the Board may required a lowersulfurcontent in the fuel whenever an exceedance to any applicable provision in these regulations is demonstrated to affect the National Ambient AirQuality Standards (NAAQS) for PM,o in the designated non-attainment area. This emission limitations supersedes the limitation in Rule 406.Facilities that Useasphalt blowing processno person shall cause or permit the emission of particulate matter unless those emissions are capturedand controlled by a control equipment thatachieves a 90% removal efficiency.Draft

December 2008 Page 12 d. Criteria (4): Clean Air Act Section 110 and Par t D requirements (The State containing the area has met all requirements applicable to the area under section 110 and part D of the Act.)

The Commonwealth of Puerto Rico satisfied the requi rements under section 110 and part D by the approval of the State Implementation Plan under 40 CFR Part 52 Subpart BBB –

Puerto Rico. The SIP and the revisions submitted a ddressed the attainment and maintenance plans of the National Ambient Air Quali ty Standards.

For the Municipality of Guaynabo PM 10 moderate nonattainment area the Environmental Protection Agency approved the SIP revision on May 31, 1995 13 . This SIP revision

included a demonstration the area will attain the P M 10 NAAQS by December 31 1994, and will be maintained through 1999. Also, the SIP revision addressed the control strategies, contingency measures and all New Source Review (NSR) permit requirements for major sources such as the appropriate major sou rce threshold, offset ratio, significance level for modifications and provisions for PM 10 precursors.

The Commonwealth of Puerto Rico validate that the c urrent air quality regulations in place are sufficient to ensure and maintain the PM1 0 NAAQS in the Municipality of Guaynabo. Following the date of redesignation to a ttainment the Commonwealth of Puerto Rico will continue to maintain the NAAQS for a period of ten (10) years at the Municipality of Guaynabo as required by the LMP gui dance.

13 Appendix DDraft

December 2008 Page 13 e. Criteria (5): Air Quality Maintenance Plan (The Administrator has fully approved a maintenance plan for the area as meeting the requirements of section 175 A of the Act.)

The Environmental Protection Agency issued a memora ndum entitled Limited Maintenance Option for Moderate PM 10 Nonattainment Areas that provides a streamlined process for states seeking redesignatio n of a moderate PM 10 nonattainment areas to attainment such as the Munic ipality of Guaynabo. This option is designed for areas with a little risk of violating the PM 10 NAAQS and is being termed as a limited maintenance plan (LMP).

In order to qualify with the LMP option the Municip ality of Guaynabo should comply with two applicability criteria:

• Criteria 1

The area should be attaining the NAAQS and the aver age PM 10 design value for the area, based upon the most recent five years of air quality data
at all monitors in the area, should be at or below 40 μ g/m 3 for the annual and 98 for the 24-hr PM10 NAAQS with no violations at any monitor in

the nonattainment area.

Answer:

The EPA revised the air quality standards for parti cle pollution in 2006. The EPA decided to retain the existing 24-hour PM 10 standard of 150 μg/m 3 and to revoke the annual PM 10 standard. This decision was made because available evidence did not suggested a link between long-term exposure to PM 10 and health problems. Therefore, the Commonwealth of Puerto Rico has to demonstrate only attainment with the 24 hour standard

PM 10 NAAQS.

The Municipality of Guaynabo demonstrated attainmen t of the standard by the control measures approved in the 1995 SIP. Sin ce the approval of the SIP no violations have been register in the area.

The 24-hour design value 14 calculated for the years 2002 – 2006 is 85

μ g/m 3 . The design value obtained for the 24-hour PM 10 NAAQS is below

the LMP criteria of 98 μ g/m 3

.

14 Appendix E includes the calculation and methodolog y used to determine the design value for the 24 –

hour PM 10 is the table look up procedure included in chapter 6 Development of Control Strategies of the

document entitled the PM 10 SIP Development Guideline, EPA-450/2-86-001, June 1987Draft

December 2008 Page 14

• Criteria 2

The area should expect only limited maintenance gro wth in on-road motor vehicle regional emissions (including fugitive dust ) and should have passed a motor vehicle regional emissions analysis test.

Answer:

The methodology used to determine whether the incre ased emissions from on-road mobile sources could, in the next 10 years, increase the concentration in the area an threaten the assumptio n of the maintenance is

included in Attachment B of the LMP memorandum. Th e equation set

forth in the memorandum is:

DV + (VMT pi x DV
mv ) = MOS

Where:

DV = the area’s design value based on the most re cent 5 years of quality assured data μ g/m 3

VMT pi = the projected percent of increase in vehicles mil es traveled (VMT) over the next 10 years

DV
mv = motor vehicle design value based on on-road vehic le portion of the attainment inventory in μ g/m 3
MOS = margin of safety for the relevant PM10 standa rd given the

area: 40 μ g/m 3 for the annual standard or 98 μ g/m 3 for the 24 hour

standard

Using the equation above the following result for t he 24 hour PM 10 standard design value was obtained 88.79 μ g/m 3 which is below the margin of safety of 98 μ g/m 3 established in the LMP guidance.

Therefore, the Commonwealth of Puerto Rico complies with the two criteria set above and qualifies for the LMP approach.

i. Attainment Emission Inventory

The 1990 PM 10 emission inventory was updated. The attainment emission inventory 15 represents the actual emissions calculated for

15 Appendix F – Calculation of the Motor Vehicle Regi onal Analysis Methodology Municipality of GuyanaboDraft

December 2008 Page 15

a period of five years from 2002 to 2006 as require d by the LMP guidance for the Municipality of Guyanabo.

The permits were reviewed and the actual emissions were calculated for five years, 2002 - 2006. The PM 10 emissions for point sources were calculated using the reports of Rule 410 RCAP for combustion sources located at the Municipality of Guaynabo. The reports of each industry in accordance with rul e 410 of RCAP

were used to calculate the PM 10 emissions of combustion sources. In case reports were not available to determine the emission from a source the maximum fuel oil consumption included in the permit were used. The emissions of the primary geological and grain industries, were calculated using the maximum annua l production included in the permit.

The emission factors used were from AP-42, permits, Fire Data System and from other sources. The area considered were: oil combustion sources, on site incineration, structura l fires, unpaved roads, parking lots, and microinventory. For mobil e sources the

PM 10 emissions were obtained from transportation air qu ality conformity analysis the 2030 Plan of the San Juan Metropolitan Area, September 2005; and from the document entitled : Documentation for the Development of Air Toxics Are a Source Inventory for Puerto Rico and U.S. Virgin Islands a nd Onroad Mobile Source for Puerto Rico, Final Report, March 2007

.

Table VI - Summary of PM 10 Emissions by Source Type Years: 2002-2006 in the Municipality of Guaynabo

Actual Emissions (TPY) Source Type 2002 2003 2004 2005 2006

Point 2365 1501 1474 1650 1647

Area 8.552 8.058 8.432 8.332 8.402 Microinventory 121 121 121 121 121

Motor Vehicle 48.89 45.42 45.45 44.24 44.23

Paved Roads 266.51 302.38 302.59 294.53 294.45

Nonroad Marine Vessels 15.75 15.46 16.51 15.88 15.1 0

Nonroad Construction Equipment 97.37 97.37 97.37 97.37 97.37

Nonroad Lawn and Garden 9.62 9.62 9.62 9.62 9.62

TOTAL 2932.69 2100.31 2074.97 2240.97 2237.17

The emission inventory demonstrate a reduction in P M 10 emissions for the years 2003 to 2006 compare with the year 20 02.Draft

December 2008 Page 16

ii. Control Measures Necessary to Maintain the NAAQ S

EQB relied on the measures approved in the 1995 SIP summarized previously to attain the standard. The control mea sures adopted have proven to be effective at reducing PM 10 emissions in the Municipality of Guaynabo.

In accordance to the LMP guidance policy, all contr ols to demonstrate attainment will remain in place through the maintenance plan period. The control measures to a ttain PM 10 NAAQS that were approved by EPA on May 31, 1995 (60 FR 28333, May 31, 1995). Therefore, no additional LMP control measures are necessary to maintain the NAAQS.

iii. Maintenance Demonstration

In accordance to the LMP option the area must satis fy the criteria summarized previously. The LMP qualification is ba se on a statistical analysis such that, when satisfied, dem onstration of maintenance is established. The LMP criteria analy sis showing that the Municipality of Guaynabo qualifies for the LMP option is found in Appendix E and G. Therefore, the maintena nce demonstration of the LMP guidance is presumed to be satisfied.

iv. Monitoring Network

The PM 10 monitoring network for the municipality of Guaynab o consist of two monitors. These sites are identifie d as 1) Site Number 7, located at the USGS and Water Resources B uilding and 2) Site 24, located at the Electrical Substation. These monitors are in close proximity to each other and are representa tive of the air quality for the area. Also, the Commonwealth of Pu erto Rico is been affected by natural events such as the dust fr om the Sahara desert transported across the Atlantic Ocean and vo lcanic ash from

the Soufrière Hills located at Montserrat island. These natural events affect the air quality in the Municipality o f Guaynabo. The natural events are excluded as part of the determin ation of attainment with the PM10 NAAQS in accordance to the provisions of Guideline on the Identification and Use of Air Q uality Data Affected by Exceptional Events (exceptional events guideline) and Appendix K to 40 CFR Part 50

. The EQB maintain a background air quality monitor located at the Fajardo area to determine the

contribution of the natural events in Puerto Rico.Draft

December 2008 Page 17

The monitoring network was developed and maintained in accordance with federal siting and design criteria set forth in 40 CFR Part 58, Appendices D and E and in consultation with EPA. The Commonwealth of Puerto Rico and EQB commit to m aintain the monitoring network through the LMP period.

v. Verification of Continued Attainment

The monitoring network located at the Municipality of Guaynabo will be used to verify continued maintenance of the PM 10 NAAQS through the maintenance plan period.

As required by the LMP policy the EQB will annually recalculate the design value using the most recent five year mo nitor data in order to verify that the Municipality of Guyanabo c ontinues to qualify for the LMP option. The result will be rep orted to EPA.

In the event the Municipality of Guaynabo does not continue to qualify for the LMP option, EQB will implement one or more of the LMP contingency measures, described below. If the area fails for a second time to qualify for the LMP option, a full maintenance plan will be prepared as required by the LMP policy

.

vi. Contingency Plan

In compliance with the requirements of section 172( c)(9) of the CAA, EQB included contingency measures in the PM 10 SIP for the Municipality of Guaynabo approved by EPA on May 31, 1995 16

. The contingency measures are procedures established to promptly correct any violation of the PM 10 NAAQS, which occurs after the redesignation of the area to attainment.

The contingency measures established in Rule 423(D) of RCAP will continue to be in place for the period establi shed by the LMP policy. The following are the contingency measures that are in place and will continue to be in place for the Muni cipality of Guaynabo:

(1) DOT shall collect data on silt content and dus t loadings for highways in Guaynabo Municipality using EPA procedures for better estimating PM 10 emissions following AP-42 procedures.

16 60 FR 28335, May 31, 1995.Draft

December 2008 Page 18 (2) Guaynabo Municipality shall require vegetation, chemical stabilization, or other abatement of wind

erodible soils.

(3) Diesel fuel oil with a sulfur in fuel level le ss than 0.3 % shall be use by all vessels while they operat e in San Juan Bay which is specifically defined as the navigable waters south of the imaginary line connecting Punta del Morro and Isla de Cabras.

(4) No visible emissions from any vessel shall be permitted in the San Juan Bay except as provided in Rule 403 of this Regulation.

(5) The Port Authority shall implement a street cleaning program or other program to prevent dust from collecting on paved surfaced in their jurisdiction.

(6) The San Juan Municipality must revised the dus t and fire abatement programs at its sanitary landfil l in order to establish additional pollution abatemen t controls strategies.

vii. Transportation Conformity

The Department of Transportation and Public Work (D OTPW) of the Commonwealth of Puerto Rico is the agency that ensure that highway projects comply with the transportation con formity rule 17
and the general conformity rule 18 for the Municipality of Guaynabo. Both rules require a conformity demonstr ation to indicate that expected emissions from planned actio ns are consistent with the emission budget for the area.

In areas were a LMP criteria is satisfied the emiss ion budget is treated essentially as not constraining for the len gth of the maintenance period due to the limited potential for emission growth in the nonattainment area. Therefore, the r egional transportation conformity is presumed. This means t hat the regional emission analysis and the associated confo rmity requirements of 40 CFR Part 93.118 and 93.119 are n o longer necessary because there is no motor vehicle emissio n budget

17 40 CFR 51 and 93

18 58 FR 63214, November 30, 1993.Draft

December 2008 Page 19

established in the SIP, and thus no way to receive a negative conformity decision.

Although, as stated above the regional transportati on conformity is presumed and the DTOPW will continue to affirm conf ormity as required for areas operating under a maintenance pl an.Draft

December 2008 Page 20 

### 4. Amendments to Rule 102 and 423 of the Regulation for the Control of Atmospheric Pollution

The definition of PM 10 Non Attainment Area for Guaynabo of Rule 102 of th e Regulation for the Control of Atmospheric Pollution (RCAP) is amended to reflect the change in the designation of the Municipality o f Guyanabo:

Guaynabo PM 10 Maintenance Area PM 10 Non Attainment Area for Guaynabo

The entire Municipality of Guaynabo as defined in t he Puerto Rico PM 10 State Implementation Plan (PR-SIP) and in Law 81 of Augus t 30, 1991 – “Autonomous Municipality Act”

The title of Rule 423 of the RCAP will be amended t o reflect the redesignation of the area to a maintenance area and to reflect the May 3 1, 1995, Rule 423 as it was approved in the of the State Implementation Plan fo r the Guaynabo area 19 .. The following will be the title for Rule 423 of RCAP: Limitations for the Guaynabo PM10 Maintenance Area. After EPA the approval of t he redesignation request Rule

423 of RCAP will be amended as follows:

Rule 423 Limitations for the Guaynabo PM10 Maintenance NonAttainment Area

(A) Any facility source within the boundaries of the Guaynabo PM-10

Maintenance Non

- Attainment Area or having a significant air quality impact on a PM-10 Maintenance Area, shall, in addit ion to meeting all of the prohibitions provided for the Rules 401 through 422, meet the RACT limitations specified in this subsection.

(1) For any grain, sand, soda ash, ce ment, dust clinker handling and processing facility source, or any other material handling or processing source where more than 50% of the partic les of the material are less than 1 millimeter (mm) in diamete r and the material when handled or processed will emit PM l0 in quantities so as to have a significant air quality impact on t he Guaynabo

Non

- Attainment Area , no person shall cause or permit any materials to be received, handled, transported, pro cessed, milled, or stored without taking the following precautions to prevent particulate matter from becoming airborne:

(a) employ proper housekeeping and cleaning procedures throughout the entire facility, includin g but not limited to, the prompt removal of spilled grain-dust or any other material dust accumulation

19 61 FR 31885, June 21, 1996.Draft

December 2008 Page 21 by a technique which prevents this material from escaping into the atmosphere.

(b) cover all trucks at all times when in motion;

(c) maintain all ventilation systems and dust colle ction devices;

(d) pave all areas where vehicles travel and mainta in such areas according to a Board-approved street cleaning

program;

(e) prohibit clam loading or unloading of barges or ship;

(f) load or unload barges or ships using pneumatic or mechanic telescopic loading spouts in a fully enclo sed area except for the space needed to introduce the spout or vent the displace air, both with a ventilation system ex hausting

to a fabric filter collection device with a minimum collection efficiency of 99.5%;

(g) load or unload trucks in fully enclosed sheds o r buildings with a ventilation system exhausted to a fabric fil ter dust

collection device with a minimum collection efficie ncy of 99.5%;

(h) clean, separate, handle, convey, transfer, and mill grain in fully enclosed sheds or buildings that meet the pro posed EPA Reference Method 30 requirements for total encl osure and vent the enclosure to a fabric filter control d evice with a minimum collection efficiency of 99.5%.

(i) All fabric filter collection devices must be pe rformance tested using:

(1) EPA Reference Method 5-Determination of Particulate Emissions from Stationary Sources (40 CFR Part 60) or;

(2) EPA Reference Method 17-Determination ofParticulate Emissions from Stationary Sources (InStack Filtration Method) (40 CFR Part 40) or;

(3) EPA Reference Method 201- Determination of PM 10 Emissions (40 CFR Part 51) or;Draft

December 2008 Page 22 (4) EPA Reference Method 201A- Determination of PM 10 Emissions (Constant Sampling Rate Procedure) (40 CFR Part 51) or;

(5) EPA Reference Method 202- Determination of Condensible Particulate Emissions from Stationary Sources (40 CFR Part 51) or any other method accepted by EQB.

(j) Depending on averaging times, stack opacities w ill be determined using:

(1) EPA Reference Method 9 - Visual Determination of the Opacity of Emissions from Stationary Sources or any other approved EPA method.

(k) Fugitive emission opacities will be determined using:

(1) EPA Reference Method 22 - Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares (40 CFR Part 60).

(l) Each zone of the fabric filter collection devic e shall be

fitted with a continuous monitor that measures the pressure drop across the zone. During the performan ce test, the pressure drop readings shall be measured. The operating permit shall specify an operating range f or the pressure drop to ensure the optimum operation of th e unit.

(m) If the pressure drop across any zone deviates f rom the permitted pressure drop range, the stationary sourc e shall report the deviations to the Environmental Quality Board. The stationary source will submit quarterly reports identifying all periods of deviation during the qua rter and an explanation of what corrective actions were take n. The reports will be due 30 calendar days from the end o f each

quarter.

(n) Records shall be kept for both the operating pa rameters and the maintenance plans (for example: "The pressure d rop reading shall be recorded once per shift, or more f requently if needed") Once every day, a visual inspection sha ll be

made around each collection device to determine the current conditions. Logs shall be kept on all findi ngs andDraft

December 2008 Page 23 on what actions were taken to resolve problems. Sta tionary sources must maintain adequate inventories for spar e parts.
Records should be maintained on-site for at least f ive years and made available to both EPA and EQB inspectors.

(o) Any other g ranulated material that is not covered by this Rule shall be handled in conformity by Rule 404.

(2) For any stone quarrying and processing facilit y, no person shall cause or permit any materials to be handled, transp orted, crushed, screened, or stored without taking the following pr ecautions to prevent particulate matter from becoming airborne. Such precautions shall include, but are not be limited t o:

(a) the use, where possible, of water or suitable c hemicals for the control of dust in quarrying operations;

(b) the application, where possible, of water or su itable chemicals on unpaved roads, materials, stockpiles, and other surfaces which can give rise to airborne dust

.

(c) Compliance with any opacity restriction shall b e determined using EPA Reference Method 9 or Method 2 2 or an other EPA approved method.

(d) The stationary source shall keep maintenance lo gs that show what repairs were done to the dust suppression system. The stationary source shall also maintain a n adequate inventory of spare parts.

(3) For any Electrical Power Plant with a capacity greater than 25 megawatts located within the boundaries of or havin g a significant air quality impact on the Guaynabo PM 10 Maintenance Non

Attainment Area, no person shall cause or permit the firing o f residual fuel oil with a sulfur content greater tha n 1.5% (by weight) as a PM,

o precursor. However, the Board may required a

lower sulfur content in the fuel whenever an exceed ance to any applicable provision in these regulations is demons trated to affect the attainment of the National Ambient Air Quality Standards (NAAQS) for PM 10 in the designated maintenance non

- attainment area. This emission limitations supersedes the limi tation in Rule

406.Draft

December 2008 Page 24

(4) For any petroleum refinery located within the boundanes of or having a significant air quality impact on the Guay nabo PM 10

Maintenance Non

- Attainment , no person shall cause or permit the firing of residual fuel oil with a sulfur content g reater than 1.0% (by weight) as a PM 10 precursor. However, the Board may required

a lower sulfur content in the fuel whenever an exce edance to any applicable provision in these regulations is demons trated to affect the National Ambient Air Quality Standards (NAAQS) for PM,o in the designated maintenance non

- attainment area. This emission limitations supersedes the limitation in Rule 406.

(5) For any facility that uses an asphalt blowing process located within the boundaries of or having a significant air quali ty impact on the boundaries of the Guaynabo PM 10 Maintenance Non

- Attainment Area, no person shall cause or permit the emission of particulate matter unless those emissions are captured and cont rolled by a control equipment that achieves a 90% removal effic iency.

(i) Compliance with the removal efficiency will be demonstrated by measuring PM,() loading at the inlet and outlet of the control device using Methods 201, 201 A and/or 202 (40 CFR Part 51 and Part 60 Appendix A). Compliance with the opacity standards shall be determined using EPA Reference Method 9 (40 CFR Par t 60).

(ii) If an afterburner is installed, the temperatu re in the combustion zone will be continuously monitored and recorded. The monitoring equipment shall have an accuracy of ± 10° Centigrade overs its range. If a scrubber is installed, the pressure drop across the scrubber will be continuously monitored and recorded. The optimum pressure range will be established during the perfo rmance testing and will be incorporated in the operating p ermit.

(B) The owner or operator of any stationary source subject to the limitations of paragraph A) shall:

(1) Submit on the date required by EQB and obtain immediate approval of a compliance plan in which the owner or operator of such stationary source demonstrates compliance with all applicable limitation by the date specified in the StateDraft

December 2008 Page 25

Implementation Plan and provides for the implementa tion of RACT requirements. The compliance plan shall be in writing and

must include:

(a) the name of the individual responsible for comp liance demonstration activities at the stationary source;

(b) a description of the air pollution control syst em, specific control equipment, stacks, vents, raw materials, fu els, and other items or parameters which will be tested, mon itored, sampled, analyzed, or measured to determine that th e stationary source is in compliance on a continuous basis;

(c) a description of the specific testing methods, monitoring techniques, sampling and analysis methods, and

measurements that will be used to demonstrate compliance on a continuous basis;

(d) a description of other relevant records or repo rts reasonably needed to demonstrate compliance on a continuous basis;

(e) the frequency of testing, monitoring, sampling, analyzing, or measuring necessary to demonstrate compliance on a continuous basis.

(2) The EQB may review and approve the plan within a thirty (30) day review period, or amend the plan if deemed nece ssary to assure that compliance will be adequately demonstra ted.

(3) Where physical alteration of the stationary sou rce is necessary to achieve compliance, commence construction thirty da ys after this regulation is approved and complete construction by November 30, 1994. This schedule and a detailed explanation for a physical alteration must be included in the compliance plan.

(4) Implement the compliance plan and demonstrate f inal compliance with applicable limitations established in the PR-P M 10 SIP. A responsible official shall certify compliance and s hall state, based

on information and belief formed after reasonable i nquiry, the

information certified to is true and accurate.

(C) Memorandum of Understanding (MOU's)Draft

December 2008 Page 26

Any agreement or Memorandum of Understanding reach and signed between the Puerto Rico Environmental Quality Board and any other

state agency

, authority or municipal entity stating those measur es or activities define to control and reduce any emissio n of PM 10 , and/or a

PM 10 Precursor will be state and federally enforceable by EQB and USEPA, respectively will become part of this regula tion and will become a condition in the operating permit of the affected stationary sources.

(D) Contingencies Measures

The following contingencies measures will be enforc eable under this Regulation if attainment of PM 10 air quality standards in the Municipality of Guaynabo are not achieved by Decemb er 31,1994:

(1) DOT shall collect data on silt content and dus t loadings for highways in Guaynabo Municipality using EPA procedu res for better estimating PM 10 emissions following AP-42 procedures.

(2) Guaynabo Municipality shall require vegetation, chemical stabilization, or other abatement of wind erodible soils.

(3) Diesel fuel oil with a sulfur in fuel level le ss than 0.05 0.3 % shall be use by all vessels while they operate in San Jua n Bay which is specifically defined as the navigable waters south of the imaginary line connecting Punta del Morro and Isla de Cabras.

(4) No visible emissions from any vessel shall be p ermitted in the San Juan Bay except as provided in Rule 403 of this Regulation.

(5) The Port Authority shall implement a street cl eaning program or other program to prevent dust from collecting on pa ved surfaced in their jurisdiction.

(6) The San Juan Municipality must revised the dus t and fire abatement programs at its sanitary landfill in orde r to establish additional pollution abatement controls strategies.

(E) Sanctions for Non

- Complian ce

Any source that is found in violation of any compli ance plan approved by the Board or any requirement within such plan wi ll be subject to sanctions specified under Rule 115.Draft

December 2008 

### APPENDIX ADraft

December 2008 

### APPENDIX BDraft

December 2008 

### APPENDIX CDraft

December 2008 

### APPENDIX DDraft

December 2008 

### APPENDIX EDraft

December 2008 

### APPENDIX FDraft

December 2008 

### APPENDIX G