28338 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Rules and Regulations

and Rule 423, ‘‘Limitations for the

Guaynabo PM10 Nonattainment Area.’’

EPA is approving this PM10 SIP

submittal in relation to its satisfying all

Act requirements.

Previously, the Governor of Puerto

Rico was notified on December 16, 1991

by the EPA Regional Administrator that

Puerto Rico had not submitted the PM10

SIP requirements due on November 15,

1991. This action formally started both

an 18-month Sanction clock and a 24-

month Federal Implementation Plan

(FIP) clock. In a January 15, 1993 letter,

the Governor was notified that another

18-month Sanction clock and 24-month

FIP clock, for the failure to submit a

permit program for the NSR

requirements by June 30, 1992, had

begun. Since the November 14, 1993

submittal was found to be complete, the

findings made on December 16, 1991

and January 15, 1993 of non-submittal

have been corrected and no sanctions

will be imposed. With the approval of

this SIP revision, all Clean Air Act

requirements have been met and it is no

longer necessary for EPA to adopt a FIP

to address the PM10 deficiencies.

This notice is issued as required by

Section 110 of the Clean Air Act, as

amended. The Administrator’s decision

regarding the approval of this plan

revision is based on its meeting the

requirements of Section 110 of the Clean

Air Act, and 40 CFR Part 51.

The Agency has reviewed this request

for revision of the federally-approved

SIP for conformance with the provisions

of the 1990 Amendments enacted on

November 15, 1990. The Agency has

determined that this action conforms

with those requirements irrespective of

the fact that the submittal preceded the

date of enactment.

Nothing in this rule should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

Under sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a federal mandate that may

result in estimated annual costs of $100

million or more to the private sector, or

to state, local, or tribal governments in

the aggregate.

Through submission of this state

implementation plan or plan revision,

the state and any affected local or tribal

governments have elected to adopt the

program provided for under sections

110(a)(2), 172(c), 173 and 189(a) of the

Clean Air Act. These rules may bind

state, local and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. To the extent that the rules being

approved by this action would impose

any mandate upon the state, local or

tribal governments either as the owner

or operator of a source or as a regulator,

or would impose any mandate upon the

private sector, EPA’s action would

impose no new requirements; such

sources are already subject to these

regulations under state law.

Accordingly, no additional costs to

state, local, or tribal governments, or to

the private sector, result from this

action. EPA has also determined that

this final action does not include a

mandate that may result in estimated

annual costs of $100 million or more to

state, local, or tribal governments in the

aggregate or to the private sector.

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

Under section 307(b)(l) of the Act,

petitions for judicial review of this rule

must be filed in the United States Court

of Appeals for the appropriate circuit

within 60 days from date of publication.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed and

shall not postpone the effectiveness of

such rule or action. This rule may not

be challenged later in proceedings to

enforce its requirements. (See 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: May 14, 1995.

William J. Muszynski,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart BBB—Puerto Rico

2. Section 52.2720 is amended by

adding new paragraph (c)(35) to read as

follows:

§ 52.2720 Identification of plan.

* * * * *

(c) * * *

(35) A revision submitted on

November 14, 1993 by the Chairman of

the Puerto Rico Environmental Quality

Board (EQB) for the Municipality of

Guaynabo. The submittal was made to

satisfy those moderate PM10

nonattainment area SIP requirements

due for the Municipality of Guaynabo as

outlined in the Clean Air Act of 1990.

(i) Incorporation by reference:

(A) Regulations:

(1) Amendments to Part I, Rule 102,

‘‘Definitions,’’ of the Puerto Rico

Regulations for the Control of

Atmospheric Pollution, effective April

2, 1994.

(2) Amendments to Part II, Rule 201,

‘‘Location Approval,’’ Rule 202, ‘‘Air

Quality Impact Analysis,’’ and Rule 203,

‘‘Permit to Construct a Source,’’ of the

Puerto Rico Regulations for the Control

of Atmospheric Pollution, effective

April 2, 1994.

(3) Amendments to Part IV, Rule 401,

‘‘Generic Prohibitions,’’ Rule 402,

‘‘Open Burning,’’ Rule 403, ‘‘Visible

Emissions,’’ Rule 404, ‘‘Fugitive Dust,’’

and Rule 423, ‘‘Limitations for the

Guaynabo PM10 Nonattainment Area,’’

of the Puerto Rico Regulations for the

Control of Atmospheric Pollution,

effective April 2, 1994.

(B) Memoranda of Understanding

(MOU):

(1) MOU signed by the Chairman of

EQB and the Executive Director of

Puerto Rico Electrical Power Authority,

San Juan plant, limiting the sulfur-infuel level, annual operation capacity,

and requiring the submittal of monthly

sampling reports of its fuel’s sulfur

content, effective January 31, 1994.

(2) MOU signed by the Chairman of

EQB and the Secretary of Puerto Rico

Department of Transportation and

Public Works and the Executive Director

of the Highway Authority to maintain

and control the reconstruction of

existing roads and the construction of

new roads, effective July 2, 1993.

(3) MOU signed by the Chairman of

EQB and the Mayor of the Municipality

of Guaynabo to pave and maintain the

streets, roads and parking areas located

in the Municipality of Guaynabo,

effective December 13, 1993.

(4) MOU signed by the Chairman of

EQB and the Executive Director of the

Puerto Rico Port Authority to pave and

maintain the streets, roads, and parking

areas that lead into the port area in

Puerto Nuevo, Guaynabo and San Juan,

effective October 14, 1993.

[FR Doc. 95–13181 Filed 5–30–95; 8:45 am]

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