DECEMBER 2008 

COMMONWEALTH OF PUERTO RICO 

OFFICE OF THE GOVERNOR 

ENVIRONMENTAL QUALITY BOARD 

Limited Maintenance Plan 

24 Hour Particulate Matter (PM10) 

National Ambient Air Quality Standards and 

Redesignation Request for the Municipality of 

Guaynabo Moderate Nonattainment Area 

State Implementation Plan Revision
Draft 

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 Section 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 NAAQS ......... 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 Control of Atmospheric 

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

December 2008 

List of Tables 

 Table I - National Ambient Air Quality Standards Particle Pollution 1990 

 Table II - National Ambient Air Quality Standards Particle Pollution 2006 

 Table III - PM10 Monitoring Network Municipality of 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 Municipality of Guaynabo 

 Table VII – PM10 Emission Inventory for the Municipality of Guaynabo 

Appendices 

Appendix A – Memorandum of Understanding with the Department of 

Transportation and Public Works 

Appendix B - Memorandum of Understanding with the with the Municipality of 

Guaynabo 

Appendix C - Memorandum of Understanding with the Port Authority 

Appendix D – Approval and Promulgation of the PM10 Implementation Plan for 

the Commonwealth of Puerto Rico 

Appendix E – Calculation Design Value 

Appenddix F- Calculation of the Motor Vehicle Regional Analysis Methodology 

for the Municipality of Guaynabo 

 Appendix G - PM10 Emission Inventory for the Guaynabo Nonattainment Area 

 
Draft 

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 Works 

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 traveled 

 
Draft 

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Page 1 

1. Executive Summary 

 

The Municipality of Guaynabo is a moderate nonattainment area for the National 

Ambient Air Quality Standard (NAAQS) for particle matter with a diameter of less than 

10 microns in size (PM10). On May 31 1995, the Environmental Protection Agency 

(EPA) approved State Implementation Plan (SIP) which includes the control strategies 

demonstrating that the Municipality of Guaynabo would attain the PM10 NAAQS by the 

applicable attainment date of December 31, 1994. 

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

the PM10 NAAQS after the approval of the SIP. Therefore, the Commonwealth of Puerto 

Rico has prepared a limited maintenance plan for the redesignation of the Municipality of 

Guaynabo as an attainment area for the PM10 NAAQS. 

The redesigantion request is based on the requirements established in the memorandum 

entitled Limited Maintenance Plan for Moderate PM10 Nonattainment Areas (LMP) 

published by EPA on August 9, 2005. This policy is a streamlined process that 

establishes the criteria and steps that are necessary for the redesignation request and 

maintenance plan for moderate PM10 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 PM10 NAAQS, qualifies and complies with the 

requirements established in the LMP. As part of the demonstration of attainment a 

maintenance plan is included to assure continued attainment 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 PM10 nonattainment area to attainment. 
Draft 

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Page 2 

2. Background 

As required by the CAA in 1987, the Environmental Protection 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 

(PM10). The standard was changed to better protect public health and the environment. 

The primary and secondary NAAQS for PM10 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 

(PM10)

50 μg/m3 Annual (Arithmethic 

Mean) Same as Primary

150 μg/m324-hour Same as Primary

 

The Clean Air Act, as amended in 1990, required that 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 19871

. 

On May 31, 19952

, EPA approved the revision to the State Implementation Plan (SIP) for 

the purpose of attaining the NAAQS for PM10 and became effective on June 30, 1995. 

The SIP ensured that the PM10 for the NAAQS would be attained by December 31, 1994 

as required by the CAA3

. 

Again, EPA revised the air quality standards for particle pollution in 2006. The EPA 

decided to retain the existing 24-hour PM10 standard of 150 μg/m3 and to revoke the 

annual PM10 standard. The EPA made this decision because available evidence does not 

suggest a link between long-term exposure to PM10 and health problems. Therefore, the 

NAAQS for PM10 that the Commonwealth of Puerto Rico has to demonstrate attainment 

is for the 24 hour standard. The 24 hour standard for PM10 is as follows: 

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

Pollutant Primary Stds. Averaging Times Secondary Stds.

Particulate Matter 

(PM10)

150 μg/m324-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 redesignation of the Municipality of 

Guaynabo from nonattainment of the PM10 NAAQS the to attainment using the EPA 

policy entitled, Limited Maintenance Plan Option for Moderate PM10 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 redesignated 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 applicable State Implementation Plan 

(SIP) for the area under section 110(k) of the Act;

(3) The Administration determines that the improvement in air quality is due to 

permanent and enforceable reductions in emissions resulting from implementation 

plan, applicable Federal air pollution control regulations, and other permanent and 

enforceable reductions; 

(4) The State containing the area has met all requirements applicable to the area 

under section 110 and part D of the Act; and 

(5) The Administrator has fully approved a maintenance plan for the area as meeting 

the requirements of section 175 A of the Act. 

The following sections discuss the above requirements and provide the basis for the 

redesignation of the Municipality of Guaynabo 24 hour PM10 NAAQS non attainment 

area to attainment. 
Draft 

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Page 4 

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

The following is a discussion of the criteria of §107(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 Ambient 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 PM10 moderate nonattainment areas to submit a plan 

which provided for attainment of the PM10 NAAQS as expeditiously as 

practicable but no later than December 31, 1994. 

The Commonwealth of Puerto Rico performed an attainment demonstration using 

the Industrial Source Complex (ISC2) dispersion model and five years of National 

Weather Service meteorological data. The EPA guidance recommends that the 

implementation plan show maintenance of the PM10 NAAQS for at least three 

years beyond the attainment date. The demonstration included in the 

implementation plan for PM10 for the Municipality of Guaynabo indicated that the 

NAAQS for PM10 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 recommendation demonstrating 

maintenance of the PM10 NAAQS until 1999. 

Also, the Puerto Rico Environmental Quality Board (PREQB) has established and 

operated a PM10 monitoring network in accordance with the provisions of 40 CFR 

Part 58. This provides a basis for assessing the attainment status of the 

Municipality of Guaynabo. Ambient PM10 data have been obtained from two 

monitors located in the northern part of the Municipality 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 Description Inventory. 

 

Table III- PM10 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: 804756.17 

 
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Table IV - PM10 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 PM10 concentrations greater than 150 μg/m3

. The 

24 hour standard is attained when the expected number of days with levels above 

150 μg/m3 averaged over a three year period is less than one or equal to one. 

Three consecutives years of air quality data is required to demonstrate attainment 

with the standard. 

The attainment date for the Municipality of Guaynabo 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 approved by EPA on May 31, 

1995 demonstrated that the PM10 NAAQS were attained by the attainment date. 

Also, the Commonwealth of Puerto Rico went beyond EPA’s recommendation of 

demonstrating the maintenance of the PM10 NAAQS beyond three years and 

demonstrated that the standard will be maintained until 1999. 

The air quality data in AIRS for the Municipality of Guaynabo reviewed for the 

most recent five (5) years demonstrated that no violations were recorded during 

the period of 2002- 2006. During that time the PREQB under EPA’s Natural 

Events Policy flagged data caused by the Sahara Dust and volcanic ash from the 

Soufrière Hills located at Montserrat island. In addition, excluding exceptional 

event flagged data, no violations of the 24 –hour PM10 standard have been 

recorded during the time period from the December 31, 1994 attainment date to 

present. Therefore, the Municipality of Guaynabo moderate nonattainment area 

attained the PM10 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 published in the Federal Register 

various notices identifying those moderate PM10 nonattainment areas (those 

designated in 1990 by operation of law) that did not 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 determined that the Municipality 

of Guaynabo has attained the PM10 NAAQS. 
Draft 

December 2008 

Page 6 

b. Criteria (2): Full approval of a State Implementation Plan under Section 

110(k) (The Administrator has fully approved the applicable State 

Implementation Plan (SIP) for the area under section 110(k) of the Act.) 

Section 110(k) of the CAA establishes the provisions for EPA to review State 

Implementation (SIP) submittals. As part of the process of approval of the 

revision of the SIP of the Commonwealth of Puerto Rico held a public hearing on 

October 15, 19934

. The purpose of the public hearing was to accept public 

comments on the implementation plan for the Municipality of Guaynabo PM10

moderate nonattainment area. 

After the public hearing the implementation plan was adopted by the 

Commonwealth of Puerto Rico and became effective on April 2, 19945. On 

November 14, 1994, a SIP revision was submitted to EPA. The SIP submittal 

included revisions to the Puerto Rico Regulations for 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 Approval 

 Rule 202 - Air Quality Impact Analysis 

 Rule 203 - Permit to Construct a Source 

Part IV: Prohibitions 

 Rule 401 - Generic Prohibitions 

 Rule 402 - Open Burning 

 Rule 403 - Visible Emissions 

 Rule 404 - Fugitive Dust 

 Rule 423 - Limitations for the Guaynabo PM10 Nonattainment Area 

The entire SIP revision was reviewed and approved by EPA on May 15, 1995 and 

became effective on June 30, 19956

. According to the information gathered by 

Puerto Rico Environmental Quality Board, the Municipality of Guaynabo has 

been attaining the PM10 NAAQS since 1995. This means that the Reasonably 

Available Control Measures (RACM) including the Reasonably Available Control 

Technology (RACT) and contingency measures adopted in the SIP has been 

effective strategies to attain the PM10 NAAQS. 

 

4R-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 to permanent and Enforceable 

Emission Reduction (The Administration determines that the improvement in 

air quality is due to permanent and enforceable reductions in emissions 

resulting from implementation plan, applicable Federal air pollution control 

regulations, and other permanent and enforceable reductions.) 

The CAA required the Commonwealth of Puerto Rico the development of a SIP 

for the Municipality of Guaynabo PM10 moderate nonattainment area to assure 

that Reasonably Available Control Measures (RACM) including Reasonable 

Available Control Technology (RACT) be implemented no later than December 

10, 1993. As stated in Criteria (2), the SIP approved by the EPA included 

measures to comply with the requirements established in the CAA. The following 

is a summary of the adopted RACM and RACT, which are in place since June 30, 

1995: 

Reasonably Available Control Measures (RACM) 

The analysis of RACM concentrated on measures to control 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 the Commonwealth of 

Puerto Rico through a Memorandum of Understanding (MOU) between the 

Puerto Rico Environmental Quality Board and following government entities: 

• 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, 19937; 

• Municipality of Guaynabo to pave and maintain the streets, roads and parking 

areas located in the Municipality of Guaynabo, effective December 13, 19938

; 

and 

• 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, 19939

. 

The control measures established through the MOUs are consistent with RACM 

and been implemented since 1993 and are permanent and federally enforceable. 

Table V includes a summary of the RACM included in Rule 423 of the 

Regulation of Control for Atmospheric Pollution (RCAP). 

 

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) 
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Table V - Reasonable Available Control Measures 

 Control Measure 

State Agency Authority 

Reduce particle matter by curb pave or stabilize shoulders for the 

following highways PR-5, PR-22, PR-24, PR-165 located in the 

Municipality of Guaynabo 

Reduce fugitive dust from paved roads by the operation 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) RCAP10

Reduce particulate matter by paving or chemically stabilize any 

unpaved roads or parking areas and any access points where 

unpaved traffic surfaces adjoin paved roads in their jurisdiction. 

Reduce fugitive dust from paved roads by the operation of sweeping 

machines in the roads, streets and parking areas above at least two 

times per week 

Municipality of Guaynabo Rule 423 (C) RCAP11

Reduce particulate matter by paving or chemically stabilize any 

unpaved roads or parking areas and any access points 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 operation of sweeping 

machines in the roads, streets and parking areas above at least two 

times per week 

Implementation of engineering good practice for the control of 

particulate matter emissions during the construction of future 

projects in port zone of Puerto Nuevo, Guaynabo and San Juan. 

Port Authority Rule 423( C) RCAP12

The PREQB acknowledges that the Port Authority is working towards full compliance 

with the MOU (for example, engineering good practice 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 exhaust after – treatment retrofits). PREQB 

will continue its participation in meetings and discussions with the Port Authority in 

order to achieve full compliance, including meetings 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 C
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Reasonable Available Control Technology (RACT)

The emission inventory for the Guaynabo PM10 nonattainment area identified the 

sources considered in the RACT analysis. Several minor sources were excluded 

from the analysis because additional control technology for these sources was 

determined to be unreasonable since they do not contribute significantly to the 

modeled exceedances of the PM10 NAAQS. However, some sources located 

outside the Guaynabo nonattainment area were considered in the RACT analysis 

because they contribute significantly to the modeled exceedances. 

The following sources were considered in the RACT analysis 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 general categories for the purposes 

of reviewing the technological and economic feasibility of alternative control 

measures. The categories included were: electric utilities, grain handling and 

processing facilities, petroleum refineries, asphalt plants, and quarries rock 

crushing operations. 

The adopted control strategies for stationary sources approved by EPA provided 

the necessary controls measures to attain the PM10 NAAQS by December 31, 

1994. The control strategies are currently in place and are permanent and 

federally enforceable. Table VI includes a summary of the RACT included in 

Rule 423 of the Regulation of Control for Atmospheric Pollution (RCAP). 
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Table VI - Reasonable Available Control Technology 

Categories Control Measures 

Grain Handling Facilities 

employ proper housekeeping and cleaning procedures throughout the entire facility, cover all trucks at all times when 

systems and dust collection devices; pave all areas where vehicles travel and maintain such areas according to 

program; prohibit clam loading or unloading of barges or ship; load or unload barges or ships using pneumatic or mea fully enclosed area except for the space needed to introduce the spout or vent the displace air, both with a ventil

filter collection device with a minimum collection efficiency of 99.5%; load or unload trucks in fully enclosed sh

system exhausted to a fabric filter dust collection device with a minimum collection efficiency of 99.5%; clean, sep

mill grain in fully enclosed sheds or buildings that meet the proposed EPA Reference Method 30 requirements for toto a fabric filter control device with a minimum collection efficiency of 99.5%. 

Stone Quarries and Processing Facility 

use, where possible, of water or suitable chemicals for the control of dust in quarrying operations; the application, w

chemicals on unpaved roads, materials, stockpiles, and other surfaces which can give rise to airborne dust; compli

shall be determined using EPA Reference Method 9 or Method 22 or an other EPA approved method; and 

maintenance logs that show what repairs were done to the dust suppression system. The stationary source shall als

of spare parts. 

Electrical Power Plant 

Electrical Power Plant with a capacity greater than 25 megawatts located within the boundaries of or having a siGuaynabo PM10 Non-Attainment Area, no person shall cause or permit the firing of residual fuel oil with a sulweight) as a PM10 precursor. However, the Board may required a lower sulfur content in the fuel whenever provision in these regulations is demonstrated to affect the attainment of the National Ambient Air Quality Stadesignated non-attainment area. This emission limitations supersedes the limitation in Rule 406. 
Draft 

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Categories Control Measures 

Petroleum Refineries 

firing of residual fuel oil with a sulfur content greater than 1.0% (by weight) as a PM10 precursor. However, the Bcontent in the fuel whenever an exceedance to any applicable provision in these regulations is demonstrated to Quality Standards (NAAQS) for PM,o in the designated non-attainment area. This emission limitations supersedes 

Facilities that Use asphalt blowing process 

no person shall cause or permit the emission of particulate matter unless those emissions are captured and controachieves a 90% removal efficiency. 
Draft 

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d. Criteria (4): Clean Air Act Section 110 and Part 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 requirements 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 addressed the attainment and 

maintenance plans of the National Ambient Air Quality Standards. 

For the Municipality of Guaynabo PM10 moderate nonattainment area the Environmental 

Protection Agency approved the SIP revision on May 31, 199513. This SIP revision 

included a demonstration the area will attain the PM10 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 source threshold, offset ratio, 

significance level for modifications and provisions for PM10 precursors. 

The Commonwealth of Puerto Rico validate that the current air quality regulations in 

place are sufficient to ensure and maintain the PM10 NAAQS in the Municipality of 

Guaynabo. Following the date of redesignation to attainment 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 guidance. 

 

 

13 Appendix D 
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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 memorandum entitled Limited 

Maintenance Option for Moderate PM10 Nonattainment Areas that provides a 

streamlined process for states seeking redesignation of a moderate PM10

nonattainment areas to attainment such as the Municipality of Guaynabo. This 

option is designed for areas with a little risk of violating the PM10 NAAQS and is 

being termed as a limited maintenance plan (LMP). 

In order to qualify with the LMP option the Municipality of Guaynabo should 

comply with two applicability criteria: 

• Criteria 1 

The area should be attaining the NAAQS and the average PM10 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 μg/m3 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 particle pollution in 2006. 

The EPA decided to retain the existing 24-hour PM10 standard of 150 

μg/m3 and to revoke the annual PM10 standard. This decision was made 

because available evidence did not suggested a link between long-term 

exposure to PM10 and health problems. Therefore, the Commonwealth of 

Puerto Rico has to demonstrate only attainment with the 24 hour standard 

PM10 NAAQS. 

The Municipality of Guaynabo demonstrated attainment of the standard by 

the control measures approved in the 1995 SIP. Since the approval of the 

SIP no violations have been register in the area. 

The 24-hour design value14 calculated for the years 2002 – 2006 is 85 

μg/m3

. The design value obtained for the 24-hour PM10 NAAQS is below 

the LMP criteria of 98 μg/m3. 

 

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

hour PM10 is the table look up procedure included in chapter 6 Development of Control Strategies of the 

document entitled the PM10 SIP Development Guideline, EPA-450/2-86-001, June 1987 
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• Criteria 2 

The area should expect only limited maintenance growth 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 increased emissions from 

on-road mobile sources could, in the next 10 years, increase the 

concentration in the area an threaten the assumption of the maintenance is 

included in Attachment B of the LMP memorandum. The equation set 

forth in the memorandum is: 

DV + (VMTpi x DVmv) = MOS 

Where: 

DV = the area’s design value based on the most recent 5 years of 

quality assured data μg/m3

 

VMTpi = the projected percent of increase in vehicles miles 

traveled (VMT) over the next 10 years 

DVmv = motor vehicle design value based on on-road vehicle 

portion of the attainment inventory in μg/m3 

MOS = margin of safety for the relevant PM10 standard given the 

area: 40 μg/m3

for the annual standard or 98 μg/m3 for the 24 hour 

standard 

 

Using the equation above the following result for the 24 hour PM10

standard design value was obtained 88.79 μg/m3 which is below the 

margin of safety of 98 μg/m3 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 PM10 emission inventory was updated. The attainment 

emission inventory15 represents the actual emissions calculated for 

 

15 Appendix F – Calculation of the Motor Vehicle Regional Analysis Methodology Municipality of 

Guyanabo 
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a period of five years from 2002 to 2006 as required 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 PM10 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 rule 410 of RCAP 

were used to calculate the PM10 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 annual 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, structural fires, unpaved 

roads, parking lots, and microinventory. For mobile sources the 

PM10 emissions were obtained from transportation air quality 

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 Area Source 

Inventory for Puerto Rico and U.S. Virgin Islands and Onroad 

Mobile Source for Puerto Rico, Final Report, March 2007. 

Table VI - Summary of PM10 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 15.10 

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 PM10 emissions 

for the years 2003 to 2006 compare with the year 2002. 
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ii. Control Measures Necessary to Maintain the NAAQS 

EQB relied on the measures approved in the 1995 SIP summarized 

previously to attain the standard. The control measures adopted 

have proven to be effective at reducing PM10 emissions in the 

Municipality of Guaynabo. 

In accordance to the LMP guidance policy, all controls to 

demonstrate attainment will remain in place through the 

maintenance plan period. The control measures to attain PM10 

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 satisfy the criteria 

summarized previously. The LMP qualification is base on a 

statistical analysis such that, when satisfied, demonstration of 

maintenance is established. The LMP criteria analysis showing 

that the Municipality of Guaynabo qualifies for the LMP option is 

found in Appendix E and G. Therefore, the maintenance 

demonstration of the LMP guidance is presumed to be satisfied. 

iv. Monitoring Network 

The PM10 monitoring network for the municipality of Guaynabo 

consist of two monitors. These sites are identified as 1) Site 

Number 7, located at the USGS and Water Resources Building and 

2) Site 24, located at the Electrical Substation. These monitors are 

in close proximity to each other and are representative of the air 

quality for the area. Also, the Commonwealth of Puerto Rico is 

been affected by natural events such as the dust from the Sahara 

desert transported across the Atlantic Ocean and volcanic ash from 

the Soufrière Hills located at Montserrat island. These natural 

events affect the air quality in the Municipality of Guaynabo. The 

natural events are excluded as part of the determination of 

attainment with the PM10 NAAQS in accordance to the provisions 

of Guideline on the Identification and Use of Air Quality 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 maintain 

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 PM10 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 monitor data in 

order to verify that the Municipality of Guyanabo continues to 

qualify for the LMP option. The result will be reported 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 PM10 SIP for the 

Municipality of Guaynabo approved by EPA on May 31, 199516. 

The contingency measures are procedures established to promptly 

correct any violation of the PM10 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 established by the LMP 

policy. The following are the contingency measures that are in 

place and will continue to be in place for the Municipality of 

Guaynabo: 

(1) DOT shall collect data on silt content and dust 

loadings for highways in Guaynabo Municipality 

using EPA procedures for better estimating PM10

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 less than 

0.3 % shall be use by all vessels while they operate 

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 dust 

and fire abatement programs at its sanitary landfill 

in order to establish additional pollution abatement 

controls strategies. 

vii. Transportation Conformity 

 

The Department of Transportation and Public Work (DOTPW) of 

the Commonwealth of Puerto Rico is the agency that ensure that 

highway projects comply with the transportation conformity rule17

and the general conformity rule18 for the Municipality of 

Guaynabo. Both rules require a conformity demonstration to 

indicate that expected emissions from planned actions are 

consistent with the emission budget for the area. 

 

In areas were a LMP criteria is satisfied the emission budget is 

treated essentially as not constraining for the length of the 

maintenance period due to the limited potential for emission 

growth in the nonattainment area. Therefore, the regional 

transportation conformity is presumed. This means that the 

regional emission analysis and the associated conformity 

requirements of 40 CFR Part 93.118 and 93.119 are no longer 

necessary because there is no motor vehicle emission budget 

 

17 40 CFR 51 and 93 

18 58 FR 63214, November 30, 1993. 
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December 2008 

Page 19 

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

conformity decision. 

Although, as stated above the regional transportation conformity is 

presumed and the DTOPW will continue to affirm conformity as 

required for areas operating under a maintenance plan. 
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4. Amendments to Rule 102 and 423 of the Regulation for the Control of 

Atmospheric Pollution 

The definition of PM10 Non Attainment Area for Guaynabo of Rule 102 of the 

Regulation for the Control of Atmospheric Pollution (RCAP) is amended to reflect 

the change in the designation of the Municipality of Guyanabo: 

Guaynabo PM10 Maintenance Area PM10 Non Attainment Area for Guaynabo

The entire Municipality of Guaynabo as defined in the Puerto Rico PM10 State 

Implementation Plan (PR-SIP) and in Law 81 of August 30, 1991 – “Autonomous 

Municipality Act” 

The title of Rule 423 of the RCAP will be amended to reflect the redesignation of the 

area to a maintenance area and to reflect the May 31, 1995, Rule 423 as it was 

approved in the of the State Implementation Plan for the Guaynabo area19.. The 

following will be the title for Rule 423 of RCAP: Limitations for the Guaynabo 

PM10 Maintenance Area. After EPA the approval of the 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 addition 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, cement, dust clinker handling and 

processing facility source, or any other material handling or 

processing source where more than 50% of the particles of the 

material are less than 1 millimeter (mm) in diameter and the 

material when handled or processed will emit PM l0 in quantities 

so as to have a significant air quality impact on the Guaynabo 

Non-Attainment Area, no person shall cause or permit any 

materials to be received, handled, transported, processed, 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, including 

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 collection 

devices; 

(d) pave all areas where vehicles travel and maintain 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 enclosed area 

except for the space needed to introduce the spout or vent 

the displace air, both with a ventilation system exhausting 

to a fabric filter collection device with a minimum

collection efficiency of 99.5%; 

(g) load or unload trucks in fully enclosed sheds or buildings 

with a ventilation system exhausted to a fabric filter dust 

collection device with a minimum collection efficiency of 

99.5%; 

(h) clean, separate, handle, convey, transfer, and mill grain in 

fully enclosed sheds or buildings that meet the proposed 

EPA Reference Method 30 requirements for total enclosure 

and vent the enclosure to a fabric filter control device with 

a minimum collection efficiency of 99.5%. 

(i) All fabric filter collection devices must be performance 

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 of 

Particulate 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 

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(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 will 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 device shall be 

fitted with a continuous monitor that measures the 

pressure drop across the zone. During the performance test, 

the pressure drop readings shall be measured. The 

operating permit shall specify an operating range for the 

pressure drop to ensure the optimum operation of the unit. 

(m) If the pressure drop across any zone deviates from the 

permitted pressure drop range, the stationary source shall 

report the deviations to the Environmental Quality Board. 

The stationary source will submit quarterly reports

identifying all periods of deviation during the quarter and 

an explanation of what corrective actions were taken. The 

reports will be due 30 calendar days from the end of each 

quarter. 

(n) Records shall be kept for both the operating parameters and 

the maintenance plans (for example: "The pressure drop 

reading shall be recorded once per shift, or more frequently 

if needed") Once every day, a visual inspection shall be 

made around each collection device to determine the

current conditions. Logs shall be kept on all findings and 
Draft 

December 2008 

Page 23 

on what actions were taken to resolve problems. Stationary 

sources must maintain adequate inventories for spare parts. 

Records should be maintained on-site for at least five years 

and made available to both EPA and EQB inspectors. 

(o) Any other granulated material that is not covered by this 

Rule shall be handled in conformity by Rule 404.

(2) For any stone quarrying and processing facility, no person shall 

cause or permit any materials to be handled, transported, crushed, 

screened, or stored without taking the following precautions to 

prevent particulate matter from becoming airborne. Such 

precautions shall include, but are not be limited to: 

(a) the use, where possible, of water or suitable chemicals for 

the control of dust in quarrying operations; 

(b) the application, where possible, of water or suitable 

chemicals on unpaved roads, materials, stockpiles, and 

other surfaces which can give rise to airborne dust. 

(c) Compliance with any opacity restriction shall be 

determined using EPA Reference Method 9 or Method 22 

or an other EPA approved method. 

(d) The stationary source shall keep maintenance logs that 

show what repairs were done to the dust suppression

system. The stationary source shall also maintain an 

adequate inventory of spare parts. 

(3) For any Electrical Power Plant with a capacity greater than 25 

megawatts located within the boundaries of or having a significant 

air quality impact on the Guaynabo PM10 Maintenance NonAttainment Area, no person shall cause or permit the firing of 

residual fuel oil with a sulfur content greater than 1.5% (by 

weight) as a PM,o precursor. However, the Board may required a 

lower sulfur content in the fuel whenever an exceedance to any 

applicable provision in these regulations is demonstrated to affect 

the attainment of the National Ambient Air Quality Standards 

(NAAQS) for PM10 in the designated maintenance non-attainment

area. This emission limitations supersedes the limitation 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 Guaynabo PM 10 

Maintenance Non-Attainment, no person shall cause or permit the 

firing of residual fuel oil with a sulfur content greater than 1.0% 

(by weight) as a PM10 precursor. However, the Board may required

a lower sulfur content in the fuel whenever an exceedance to any 

applicable provision in these regulations is demonstrated 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 quality impact on the 

boundaries of the Guaynabo PM10 Maintenance Non-Attainment

Area, no person shall cause or permit the emission of particulate 

matter unless those emissions are captured and controlled by a 

control equipment that achieves a 90% removal efficiency. 

(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, 201A 

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 Part 

60). 

(ii) If an afterburner is installed, the temperature 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 performance 

testing and will be incorporated in the operating permit. 

(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 State 
Draft 

December 2008 

Page 25 

Implementation Plan and provides for the implementation of 

RACT requirements. The compliance plan shall be in writing and 

must include: 

(a) the name of the individual responsible for compliance 

demonstration activities at the stationary source; 

(b) a description of the air pollution control system, specific 

control equipment, stacks, vents, raw materials, fuels, and 

other items or parameters which will be tested, monitored, 

sampled, analyzed, or measured to determine that the 

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 reports 

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 necessary to 

assure that compliance will be adequately demonstrated. 

(3) Where physical alteration of the stationary source is necessary to 

achieve compliance, commence construction thirty days 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 final compliance 

with applicable limitations established in the PR-PM10 SIP. A 

responsible official shall certify compliance and shall state, based 

on information and belief formed after reasonable inquiry, 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 measures or 

activities define to control and reduce any emission of PM10, and/or a 

PM10 Precursor will be state and federally enforceable by EQB and 

USEPA, respectively will become part of this regulation and will become 

a condition in the operating permit of the affected stationary sources. 

(D) Contingencies Measures 

The following contingencies measures will be enforceable under this 

Regulation if attainment of PM10 air quality standards in the 

Municipality of Guaynabo are not achieved by December 31,1994: 

(1) DOT shall collect data on silt content and dust loadings for 

highways in Guaynabo Municipality using EPA procedures for 

better estimating PM10 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 less than 0.05 0.3% shall 

be use by all vessels while they operate 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 dust and fire 

abatement programs at its sanitary landfill in order to establish 

additional pollution abatement controls strategies.

(E) Sanctions for Non-Compliance

Any source that is found in violation of any compliance plan approved 

by the Board or any requirement within such plan will be subject to 

sanctions specified under Rule 115.
Draft 

December 2008 

APPENDIX A 
Draft 

December 2008 

APPENDIX B 
Draft 

December 2008 

APPENDIX C 
Draft 

December 2008 

APPENDIX D 
Draft 

December 2008 

APPENDIX E 
Draft 

December 2008 

APPENDIX F 
Draft 

December 2008 

APPENDIX G