[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Rules and Regulations]
[Pages 28333-28338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13181]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region II Docket No. 136, PR3-2-6731, FRL-5209-5]


Approval and Promulgation of PM<INF>10 Implementation Plan for 
the Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Puerto Rico for the purpose 
of attaining the National Ambient Air Quality Standards (NAAQS) for 
particulate matter with an aerodynamic diameter less than or equal to a 
nominal 10 micrometers (PM<INF>10). The SIP addresses sources impacting 
the Municipality of Guaynabo, Puerto Rico which has been designated 
nonattainment.

EFFECTIVE DATE: This action will be effective June 30, 1995.

ADDRESSES: Copies of the state submittal are available at the following 
addresses for inspection during normal business hours:
    Environmental Protection Agency, Region II Office, Library, 290 
Broadway, 16th Floor, New York, New York, 10007-1866.
    Environmental Protection Agency, Region II, Caribbean Field Office, 
Centro Europa Building, Suite 417, 1492 Ponce De Leon Avenue, Stop 22, 
Santurce, Puerto Rico, 00909.
    Commonwealth of Puerto Rico, Environmental Quality Board, Banco 
National Plaza, 8th Floor, 431 Ponce De Leon Avenue, Hato Rey, Puerto 
Rico, 00917.
    Environmental Protection Agency, Air and Radiation Docket and 
Information [[Page 28334]] Center (MC 6102), 401 M. Street, S.W. 
Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

Kirk J. Wieber, Air Programs Branch, Environmental Protection Agency, 
Region II Office, 290 Broadway, 20th Floor, New York, New York 10007-
18666 (212) 637-4249.
    or
Carl Soderberg, Director, Environmental Protection Agency, Region II, 
Caribbean Field Office, Centro Europa Building, Suite 417, 1492 Ponce 
De Leon Avenue, Stop 22, Santurce, Puerto Rico, 00909, (809) 729-6951.

SUPPLEMENTARY INFORMATION:

I. Background

    The Clean Air Act, as amended in 1990 (the Act), requires all areas 
that have measured a violation of the NAAQS for PM<INF>10 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 PM<INF>10 and classified as moderate based 
on violations measured in 1987 in the Municipality. [see 56 FR 11101 
(March 15, 1991)]. The Act requires state or territorial governments to 
revise their SIP for all areas that are designated as nonattainment to 
ensure that the NAAQS will be attained. Under the Act, the Commonwealth 
of Puerto Rico is regarded as a state. The reader should refer to the 
``General Preamble'' [see generally 57 FR 13498 (April 16, 1992) and 57 
FR 18070 (April 28, 1992)] for a more detailed discussion of the 
designation of PM<INF>10 nonattainment areas.

II. Today's Action

    Section 110(k) of the Act sets out provisions governing EPA's 
review of SIP submittals. (See 57 FR 13565-13566.) In this action, EPA 
is approving the Puerto Rico PM<INF>10 implementation plan revision 
submitted to EPA on November 14, 1993. This submittal was intended to 
satisfy those moderate PM<INF>10 nonattainment area SIP requirements 
due November 15, 1991 and the moderate PM<INF>10 nonattainment area New 
Source Review requirements due June 30, 1992. EPA proposed to approve 
the submittal on August 11, 1994, 57 FR 41265. The reader is referred 
to the proposal for a detailed explanation of Puerto Rico's PM<INF>10 
SIP and EPA's evaluation. In response to the Federal Register notice 
and a Public Meeting held by EPA Region II on September 11, 1994 in the 
Municipality of Catano, comments were received from ten interested 
parties. EPA's response to these comments are discussed in IV. Public 
Comment.

III. Analysis of Puerto Rico's SIP Submission

A. Administrative Requirements

    The Commonwealth of Puerto Rico held a public hearing on October 
15, 1993 to accept public comments on the implementation plan for the 
Municipality of Guaynabo PM<INF>10 nonattainment area. Following the 
public hearing the plan was adopted by Puerto Rico and was submitted to 
EPA as a revision to the SIP on November 14, 1994. The submittal was 
supplemented with administrative documents on March 18, 1994 and March 
30, 1994. The SIP submittal included revisions to the Puerto Rico 
Regulations for the Control of Atmospheric Pollution which include the 
following: Part I; Rule 102, ``Definitions,'' Part II; Rule 201, 
``Location Approval,'' Rule 202, ``Air Quality Impact Analysis,'' Rule 
203, ``Permit to Construct a Source,'' and Part IV; Rule 401, ``Generic 
Prohibitions,'' Rule 402, ``Open Burning,'' Rule 403, ``Visible 
Emissions,'' Rule 404, ``Fugitive Dust,'' and Rule 423, ``Limitations 
for the Guaynabo PM<INF>10 Nonattainment Area,'' which became effective 
on April 2, 1994. The entire SIP revision was reviewed by EPA to 
determine completeness in accordance with the completeness criteria set 
out at 40 CFR 51, and found to be administratively complete.

B. Emissions Inventory

    Puerto Rico submitted an emissions inventory for base year 1990. 
EPA is approving the emissions inventory because it is accurate and 
comprehensive, and provides a sufficient basis for determining the 
adequacy of the attainment demonstration for this area consistent with 
the requirements of sections 172(c)(3) and 110(a)(2)(K) of the Act.

C. New Source Review (NSR) PM<INF>10 Permit Program

    The statutory permit requirements for moderate PM<INF>10 
nonattainment areas are contained in section 173 and section 189 of the 
Act. For all moderate PM<INF>10 nonattainment areas, states must adopt 
the appropriate major source threshold, offset ratio, significance 
level for modifications, and provisions for PM<INF>10 precursors. 
Puerto Rico's PM<INF>10 implementation plan submittal addressed all NSR 
Act requirements, therefore, EPA is approving the PM<INF>10 NSR permit 
program SIP revision.

D. Reasonably Available Control Measures (RACM) including Reasonably 
Available Control Technology (RACT)

    Moderate PM<INF>10 nonattainment areas were required to submit 
provisions to assure that RACM (including RACT) would have been 
implemented no later than December 10, 1993 or four years after 
designation in the case of an area classified as moderate nonattainment 
after November 15, 1990. [see sections 172(c)(1) and 189(a)(1)(C)]. The 
Municipality of Guaynabo was designated and classified as moderate 
nonattainment for PM<INF>10 on November 15, 1990 by operation of law, 
therefore, the Puerto Rico PM<INF>10 implementation plan needed to 
assure that RACT/RACM would have been implemented no later than 
December 10, 1993. The SIP contains enforceable commitments by the 
Puerto Rico Environmental Quality Board (EQB) to achieve various RACM 
requirements through regulations as well as through Memoranda of 
Understanding (MOU). These were effective upon adoption. The EQB has 
signed MOU's with various entities which include details of how the 
various RACM requirements would be implemented.
    EPA has reviewed Puerto Rico's SIP documentation and concluded that 
its choice of control measures has provided for attainment of the 
PM<INF>10 NAAQS by December 31, 1994. By this notice, EPA is 
determining that the control strategies are consistent with the RACM 
and RACT requirements contained in the Act.

E. Contingency Measures

    As provided in section 172(c)(9) of the Act, all PM<INF>10 
nonattainment area SIP's must include contingency measures (see 
generally 57 FR 13543-44). These measures were required to be submitted 
by November 15, 1993 for the moderate PM<INF>10 nonattainment areas. 
[see 57 FR 13543 (April 16, 1992)]. Contingency measures should consist 
of other available measures, not already part of the area's control 
strategy, that take effect without further action by the Commonwealth 
or EPA upon a determination by EPA that the area has failed to make 
Reasonable Further Progress (RFP) or attain the PM<INF>10 NAAQS by the 
applicable statutory deadline. The Municipality of Guaynabo PM<INF>10 
nonattainment area SIP contains contingency measures which are included 
in Rule 423(D).
    After review of the contingency measures contained in the SIP, EPA 
has determined they meet the requirements of the Act. [[Page 28335]] 

F. Demonstration of Attainment

    Moderate PM<INF>10 nonattainment areas were required to submit a 
demonstration (including air quality modeling) showing that the plan 
will provide for attainment as expeditiously as practicable but no 
later than December 31, 1994 [see sections 188(c)(1) and 189(a)(1)(B) 
of the Act).
    EQB performed an attainment demonstration using the Industrial 
Source Complex (ISC2) dispersion model and five years of National 
Weather Service meteorological data. EPA recommends that implementation 
plans show maintenance of the PM<INF>10 NAAQS for at least three years 
beyond the attainment date. Puerto Rico's demonstration, included in 
their PM<INF>10 implementation plan, indicates the NAAQS for PM<INF>10 
were attained by December 31, 1994 in the Municipality of Guaynabo. In 
addition, Puerto Rico went beyond EPA's recommendation of demonstrating 
maintenance of the PM<INF>10 NAAQS for three years and demonstrated 
they would be maintained at least until 1999. EPA is approving the 
attainment demonstration.

G. Quantitative Milestones and RFP

    The moderate PM<INF>10 nonattainment area plan revisions 
demonstrating attainment must contain quantitative milestones which are 
to be achieved every three years until the area is redesignated 
attainment and which demonstrate reasonable further progress (RFP) 
toward attainment by December 31, 1994 (see section 189(c)(1) of the 
Act). RFP is defined in section 171(1) as such annual incremental 
reductions in emissions of the relevant air pollutant as are required 
by Part D or may reasonably be required by the Administrator for the 
purpose of ensuring attainment of the applicable NAAQS by the 
applicable date.
    The assurance that milestones and RFP will be achieved is based 
upon the Commonwealth adopting and implementing the particular control 
measures contained in the PM<INF>10 SIP, RACM (including RACT).

H. Enforceability

    The SIP must include enforceable emission limitations and other 
control measures, means or techniques necessary or appropriate to meet 
the requirements of the Act. [see section 110(a)(2)(A) of the Act]. 
Nonattainment plan provisions must also include enforceable emission 
limitations and other control measures, means or techniques necessary 
or appropriate to provide for attainment of the NAAQS by the applicable 
attainment date. [see section 172(b)(6)]. The SIP must also contain a 
program which provides for enforcement of the control measures and 
other elements in the SIP and the regulation of the modification and 
construction of any stationary source within the areas covered by the 
plan as necessary to assure that the NAAQS are achieved, including a 
permit program required under Part C or D of Title I of the Act. [see, 
section 110(a)(2)(C)]. All measures and other elements in the SIP must 
be enforceable by the Commonwealth and EPA [see sections 172(c)(6), 
110(a)(2)(A) and 57 FR 13556]. Moderate PM<INF>10 nonattainment area 
plan provisions must also contain a program which provides for 
enforcement of the control measures and other elements in the SIP [see 
section 110(a)(2)(C)].
    The SIP requires that all affected stationary sources must be in 
full compliance with the applicable RACT requirements by December 10, 
1993. However, if a physical alteration of the stationary source is 
necessary to achieve compliance, the SIP requires that construction of 
the alteration must have been commenced by February 15, 1994, and must 
have been completed by November 30, 1994. EQB has prepared a compliance 
schedule for those sources that still need to make alterations. 
Compliance with these RACT requirements must be demonstrated using the 
applicable EPA Reference Test Methods. Puerto Rico has an enforcement 
program that will ensure that these RACT requirements are adequately 
enforced. There are civil penalties for noncompliance with the 
Regulation containing these RACT requirements.
    In addition to the RACT requirements for stationary sources, the 
SIP contains enforceable commitments by EQB to achieve various RACM 
requirements. To implement these measures, EQB has signed an MOU with 
the Puerto Rico Department of Transportation, the Puerto Rico Electric 
Power Authority, the Municipality of Guaynabo, and the Port Authority 
that contain details on how each of these entities will meet these RACM 
commitments. The commitments to implement the RACM requirements are in 
the SIP itself, and thus are enforceable as requirements of the SIP. In 
addition, the MOU's, having gone through public review and comment, 
will be incorporated into the SIP by reference, and are effective as of 
the date each was signed. The attainment demonstration, which shows 
attainment of the PM<INF>10 NAAQS by December 31, 1994, uses emissions 
reductions from the identified RACM measures, and thus EPA expects them 
to be implemented pursuant to the MOU's. Once incorporated into the 
approved SIP, the requirements of the MOU may not be changed except by 
a revision to the SIP that has been submitted to and approved by EPA.
    Puerto Rico's revisions to the regulations include a new definition 
for ``PM<INF>10'' in Rule 102. Although test methods are not contained 
in Puerto Rico's definition of ``PM<INF>10'' as they are in 40 CFR 
51.100 (qq), EPA is approving Puerto Rico's definition of 
``PM<INF>10,'' since the relevant test methods are found in other 
provisions of the regulations.

I. PM<INF>10 Precursors

    The Act states that ``control requirements applicable to major 
stationary sources of PM<INF>10 must also apply to major stationary 
sources of PM<INF>10 precursors except where the Administrator 
determines that such sources do not contribute significantly to 
PM<INF>10 levels which exceed the NAAQS in the area.'' Based on filter 
analyses of the Guaynabo nonattainment area, the relatively minor 
contribution of precursors to overall nonattainment, and the 
effectiveness of the Commonwealth's RACT/RACM strategies, EPA agrees 
with EQB's determination that no controls of PM<INF>10 precursors 
beyond what are already controlled in the Puerto Rico SIP are needed 
for attainment. Nonetheless, Puerto Rico has chosen to include within 
the NSR provisions a requirement for control of PM<INF>10 precursors 
unless EPA and EQB determine otherwise.

IV. Public Comment

    EPA proposed to approve the Puerto Rico PM<INF>10 implementation 
plan on August 11, 1994, 57 FR 41265. Comments were received from ten 
interested parties. Comments were also received during the Public 
Meeting held by EPA Region II on September 11, 1994 in the Municipality 
of Catano. EPA evaluated all the comments with respect to EPA's 
proposed approval. Due to the large number of comments, EPA prepared a 
separate ``Responsiveness Document'' which summarizes each comment and 
includes EPA's evaluation and detailed response. This document is 
available from EPA upon request. In this Federal Register notice EPA 
has summarized major comments and responses.
    The following summaries of comments and responses is divided into 
several major areas; the designation of the nonattainment area, the SIP 
attainment demonstration, and RACT determinations. [[Page 28336]] 

Designation of Nonattainment

    Comment: Puerto Rico's plan is based on air quality data which is 
incomplete and insufficient for determining that the Municipality of 
Guaynabo was not in attainment of the air quality standards. Air 
quality now meets the NAAQS.
    Response: The Commonwealth presented no information which 
invalidates the air quality data previously collected which indicated 
nonattainment. Section 107(d)(4)(B) of the Act mandated the designation 
of areas as nonattainment for PM<INF>10 by operation of law:

``(B) PM<INF>10 Designations.--By operation of law, * * * (ii) any 
area containing a site for which air quality monitoring data show a 
violation of the national ambient air quality standard for PM<INF>10 
before January 1, 1989 (as determined under part 50, appendix K of 
title 40 of the Code of Federal Regulations) is hereby designated 
nonattainment for PM<INF>10;''

This section of the Act confines the EPA to review air quality data 
prior to January 1, 1989, not after January 1, 1989, in designating an 
area for PM<INF>10. The designation of the Municipality of Guaynabo as 
nonattainment for PM<INF>10 was based on the PM<INF>10 concentration of 
285 <greek-m>g/m<SUP>3, recorded at the Electrical Substation #24 on 
August 1, 1987. There was no evidence presented by the Commonwealth 
that showed this reading to be invalid. Further, air quality data 
available to the Administrator indicated that there were violations of 
the annual standard in 1987 and 1988. EPA does not find any evidence to 
conclude that the nonattainment designation was made in error.
    If indeed the area is attaining the PM<INF>10 NAAQS in the 
Municipality of Guaynabo as a result of permanent reductions in 
emission, the Commonwealth can request a redesignation to attainment. 
Section 107 (d)(3) of the Act specifies the procedures and requirements 
for changing an area's designation. The redesignation of an area from 
nonattainment to attainment is an entirely separate procedure from 
today's SIP approval action. However, one requirement of a 
redesignation is that the Commonwealth has an approved PM<INF>10 
attainment SIP. A redesignation request, which may be submitted at any 
time, would be processed expeditiously by EPA as a separate rulemaking.
    Comment: The location of EQB's PM<INF>10 air quality monitors are 
not representative of the air in the remainder of the nonattainment 
area and in the surrounding areas of Guaynabo. Monitors should be 
located in the center and southern end of the Municipality of Guaynabo 
and in the Municipality of Catano.
    Response: EPA believes the current PM<INF>10 monitoring network in 
Puerto Rico is representative of the highest PM<INF>10 concentrations 
in the entire nonattainment area. This design is consistent with the 
monitoring objectives and methodologies described in Part 58 of the 
Code of Federal Regulations, Appendix D. They are sited immediately 
downwind of major point and area sources in locations where a long 
record of total suspended particulate monitors had measured the highest 
levels in Puerto Rico. Thus they meet the monitor-siting objective of 
measuring air quality in the area where the highest concentrations of a 
pollutant can be expected to occur.
    Locations in southern Catano and Guaynabo do not have the same 
potential to measure high concentrations due to the lack of major 
sources of particulate matter, as demonstrated by the emission 
inventory of the Municipality of Guaynabo. Consequently, their absence 
should not make the Commonwealth's plan any less approvable.

Attainment Demonstration

    Comments: The dispersion model used in the attainment demonstration 
is not conservative. Wrong meteorological data being used. The Puerto 
Rico Electrical Power Authority (PREPA) Palo Seco plant should have 
been included in the Plan.
    Response: The dispersion model is conservative because it predicts 
higher concentrations than observed for almost the entire set of 
observed data. The graph in the Commonwealth's PM<INF>10 plan comparing 
concentrations predicted by the model with the observed data may not 
demonstrate this fact because the plotted predicted concentrations lack 
the background contribution from outside the modeled area of 
(approximately 31 ug/m<SUP>3). When the concentrations predicted by the 
model are correctly included, however, the predicted concentrations are 
higher than the observed concentrations. Thus, EPA concludes that the 
model generally over predicts PM<INF>10 concentrations and is 
conservative. This is further supported by recent air quality 
measurements which show annual concentrations significantly well below 
concentrations predicted by the model, even after control measures have 
been enacted.
    The San Juan Airport site is representative of the industrialized 
area of Guaynabo since it is also located on the north coast of Puerto 
Rico and subject to the same land-sea effects on the wind. The terrain 
in the Puerto Nuevo area where the largest emitting sources are located 
is mainly flat like the area near the Airport. Comparison between the 
San Juan Airport data and data collected at a meteorological tower in 
the Municipality of Guaynabo confirm that they are subject to the same 
meteorological patterns.
    In reference to the PREPA Palo Seco issue, the attainment 
demonstration did consider the impact of the Palo Seco Power Plant's 
PM<INF>10 emissions on the Catano--Guaynabo area. The atmospheric 
dispersion model used in the attainment demonstration showed that the 
greatest impact of the power plant's emissions remained over water. The 
plants contribution to the Guaynabo nonattainment area (only about 
three and one half percent of the time) is less than the deminimis 
impact levels contained in EPA regulations. Since the power plant is 
located outside of the Guaynabo nonattainment area, EPA's guidance to 
the states is that RACT strategies need only be applied to those 
sources which have a significant impact on the nonattainment area. Thus 
RACT at the Palo Seco Power Plant would have no real benefit to 
attainment of PM<INF>10 standards in the Guaynabo. However, all power 
plants in Puerto Rico are subject to the same 20 percent opacity limit 
that is required of the power plant in Puerto Nuevo.

RACT Determinations for Electrical Utilities

    Comment: A mass emissions limit should be adopted by Puerto Rico. 
The 1.5 percent sulfur-in-fuel limit is not cost effective nor 
stringent enough to show attainment. EQB has no independent way of 
verifying sulfur-in-fuel limits.
    Response: There is no requirement that a mass emission limit be 
used exclusively in state clean air plans. EPA can approve a SIP 
revision as long as it contains emission limits which are enforceable 
and which provide for attainment of the standards. The Act states 
``each implementation plan submitted by a State * * * shall include 
enforceable emission limitations and other control measures, means, or 
techniques * * * as well as schedules and timetables for compliance, as 
may be necessary or appropriate to meet the applicable requirements of 
this Act, section 110(a)(2)(A).''
    The Puerto Rico SIP relies on a sulfur-in-fuel limit and a 20% 
opacity limitation, both of which are enforceable. Further, the Agency 
has collected emission data from a variety of fuel oil burning power 
plants from which the particulates can be [[Page 28337]] calculated. 
These factors are contained in the Compilation of Air Pollutant 
Emission Factors (AP-42), Supplement F, emissions factor equation. 
These emissions were factored into the Puerto Rico plan and attainment 
with health related ambient air quality standards was demonstrated.
    EQB included in their SIP submittal an Economic Feasibility 
Analysis of Alternative Emission Control Strategies in the Guaynabo 
Municipality. This document presented an analysis of the cost of 
reducing emissions in Guaynabo and the cost effectiveness of 
alternative control strategies.
    EPA reviewed the document and determined the costs of low sulfur 
residual oil were accurate to determine the cost effectiveness of 
controls applicable to PREPA. The analysis showed that 1.0, 1.5, and 
2.0 percent sulfur oils cost about the same for each ton of sulfur 
reduced, however, according to the Economic Feasibility Analysis 
provided with the SIP, it will cost more than $6.6 million per year to 
reduce the sulfur content from 1.5 to 1.0 percent at the PREPA San Juan 
plant.
    EQB has informed EPA that it has the necessary equipment to analyze 
fuel samples. Compliance of the sulfur-in-fuel limit will be verified 
by a variety of methods. In accordance with the January 31, 1994 
Memorandum Of Understanding (MOU), PREPA and its fuel supplier will 
send sampling data to EQB. When the fuel supplier delivers the fuel, it 
will send its analysis of the fuel content to EQB. EQB can compare the 
supplier's analysis against reports from the facility.
    In summary, the two procedures set forth in the PM<INF>10 SIP, the 
sulfur-in-fuel limit that correlates to a 0.08 #/MMBtu mass emission 
rate, and the 20% opacity restriction are easily measured, readily 
enforceable, and when combined with the other control measures adopted 
by the Commonwealth, can demonstrate attainment of the PM<INF>10 NAAQS. 
The Agency therefore has determined that the limits provided can and 
should be approved.

RACT Determinations for Grain Handling Facilities

    Comment: Puerto Rico's ban on the use of clamshell unloading of 
ships is not supportable as RACT. The 99.9% filtration efficiency 
required of grain mills is not technically achievable.
    Response: The General Preamble for the Implementation of Title I of 
the Clean Air Act Amendments of 1990 defines RACT as ``the lowest 
emission limitation that a particular source is capable of meeting by 
the application of control technology that is reasonably available 
considering technological and economic feasibility.'' Congress 
specified that nonattainment area plans were to ``require * * * 
reasonable further progress * * * including such reduction in emissions 
from existing sources in the area as may be obtained through the 
adoption, at a minimum, of RACT.''
    Through modeling, EQB's contractor demonstrated that emissions from 
the grain mills contributed in a large way to the violations of the 
PM<INF>10 air quality standard predicted by the model. Taking this into 
consideration, EQB determined that stringent RACT measures were needed 
at these facilities to show attainment.
    EPA guidance identifies that Industrial process fugitive 
particulate emissions are produced during all phases of grain handling 
and processing including: unloading, receiving, handling, drying, 
cleaning, milling, and land-out. EPA's Control Techniques for 
Particulate Emissions from Stationary Sources recommends that for grain 
handling and storage ``the most common control strategy is to enclose 
and hood the processing equipment or area with ventilation to cyclones 
and filters.'' Thus, the emission reductions that can be obtained from 
this strategy depend upon both process modifications to optimize the 
capture efficiency of the ventilation system and the installation of 
control devices.
    EQB determined that for a very dusty process such as Clamshell 
loading and unloading, RACT for this process would be the prohibition 
of Clamshell loading and unloading and the utilization of telescopic 
loading spouts in a fully enclosed area with a ventilation system. This 
control strategy is considered both technologically and economically 
feasible. EPA has verified this in discussions with grain facilities in 
the United States who are currently using the telescopic loading 
spouts.
    EPA has not been able to conclude that a ban on loading/unloading 
using clamshells is not an acceptable RACT determination. Telescoping 
loading spouts are used in the industry to load and unload grain or 
grain products. However, EPA would object to a RACT determination that 
is less stringent than could be technologically and economically 
justified. Should the Commonwealth decide in the future to propose an 
alternative to a ban on the use of clamshells, the SIP could be revised 
accordingly.
    The SIP requires the installation of control equipment with a 99.5% 
efficiency. Upon review EPA has concluded that this is achievable even 
in warm climates. In other parts of the country, (PM<INF>10 attainment 
and nonattainment areas), 99.9% is routinely required. One commenter 
argued that conditions at grain handling facilities in Puerto Rico 
would prevent 99.5% efficiency from being achieved. EPA has reviewed 
permits issued to grain mills in warm climates and determined that the 
99.5% limit proposed in the SIP is achievable on a continuous basis 
providing there is proper operation and maintenance of the control 
systems.

Environmental Justice Concerns

    Comment: Several commenters raised environmental justice concerns 
in their comments.
    Response: EPA recognizes that air pollution sources in the SIP area 
raise environmental justice issues, and EPA has taken steps to address 
these concerns in the SIP process. In particular, EPA has had meetings 
and contacts with affected communities and organizations, and intends 
to continue these contacts as air programs are implemented and 
enforced. In addition, EPA and other agencies such as the Centers for 
Disease Control have been assessing environmental health factors in 
these communities. EPA will continue to review progress in implementing 
the SIP and other environmental programs with respect to Executive 
Order 12898 and the EPA Environmental Justice Strategy.

V. Summary

    In this action, EPA is approving the SIP revision submitted to EPA 
on November 14, 1993 and supplemented on March 18, 1994 and March 30, 
1994 by Puerto Rico for the Municipality of Guaynabo PM<INF>10 
nonattainment area. Specifically, EPA is approving the emissions 
inventory, the control strategy including RACM and RACT, the 
demonstration that the Municipality of Guaynabo PM<INF>10 nonattainment 
area will attain the PM<INF>10 NAAQS by December 31, 1994 and maintain 
the PM<INF>10 NAAQS through 1999, the NSR permit provisions and the 
contingency measures. EPA determined that PM<INF>10 precursor controls 
are not needed for attainment. EPA is approving the revisions to the 
Puerto Rico Regulations for the Control of Atmospheric Pollution which 
include the following: Part I; Rule 102, ``Definitions,'' Part II; Rule 
201, ``Location Approval,'' Rule 202, ``Air Quality Impact Analysis,'' 
Rule 203, ``Permit to Construct a Source,'' and Part IV; Rule 401, 
``Generic Prohibitions,'' Rule 402, ``Open Burning,'' Rule 403, 
``Visible Emissions,'' Rule 404, ``Fugitive Dust,'' [[Page 28338]] and 
Rule 423, ``Limitations for the Guaynabo PM<INF>10 Nonattainment 
Area.'' EPA is approving this PM<INF>10 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 PM<INF>10 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 PM<INF>10 deficiencies.
    This notice is issued as required by Section 110 of the Clean Air 
Act, as amended. The Administrator's decision regarding the approval of 
this plan revision is based on its meeting the requirements of Section 
110 of the Clean Air Act, and 40 CFR Part 51.
    The Agency has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Amendments 
enacted on November 15, 1990. The Agency has determined that this 
action conforms with those requirements irrespective of the fact that 
the submittal preceded the date of enactment.
    Nothing in this rule should be construed as permitting or allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a federal mandate that may result in 
estimated annual costs of $100 million or more to the private sector, 
or to state, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the state and any affected local or tribal governments have 
elected to adopt the program provided for under sections 110(a)(2), 
172(c), 173 and 189(a) of the Clean Air Act. These rules may bind 
state, local and tribal governments to perform certain actions and also 
require the private sector to perform certain duties. To the extent 
that the rules being approved by this action would impose any mandate 
upon the state, local or tribal governments either as the owner or 
operator of a source or as a regulator, or would impose any mandate 
upon the private sector, EPA's action would impose no new requirements; 
such sources are already subject to these regulations under state law. 
Accordingly, no additional costs to state, local, or tribal 
governments, or to the private sector, result from this action. EPA has 
also determined that this final action does not include a mandate that 
may result in estimated annual costs of $100 million or more to state, 
local, or tribal governments in the aggregate or to the private sector.
    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.
    Under section 307(b)(l) of the Act, petitions for judicial review 
of this rule must be filed in the United States Court of Appeals for 
the appropriate circuit within 60 days from date of publication. Filing 
a petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed and shall not postpone the effectiveness of such 
rule or action. This rule may not be challenged later in proceedings to 
enforce its requirements. (See 307(b)(2)).
List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides.

    Dated: May 14, 1995.
William J. Muszynski,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart BBB--Puerto Rico

    2. Section 52.2720 is amended by adding new paragraph (c)(35) to 
read as follows:


Sec. 52.2720  Identification of plan.

* * * * *
    (c) * * *
    (35) A revision submitted on November 14, 1993 by the Chairman of 
the Puerto Rico Environmental Quality Board (EQB) for the Municipality 
of Guaynabo. The submittal was made to satisfy those moderate PM<INF>10 
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 
PM<INF>10 Nonattainment Area,'' of the Puerto Rico Regulations for the 
Control of Atmospheric Pollution, effective April 2, 1994.
    (B) Memoranda of Understanding (MOU):
    (1) MOU signed by the Chairman of EQB and the Executive Director of 
Puerto Rico Electrical Power Authority, San Juan plant, limiting the 
sulfur-in-fuel level, annual operation capacity, and requiring the 
submittal of monthly sampling reports of its fuel's sulfur content, 
effective January 31, 1994.
    (2) MOU signed by the Chairman of EQB and the Secretary of Puerto 
Rico Department of Transportation and Public Works and the Executive 
Director of the Highway Authority to maintain and control the 
reconstruction of existing roads and the construction of new roads, 
effective July 2, 1993.
    (3) MOU signed by the Chairman of EQB and the Mayor of the 
Municipality of Guaynabo to pave and maintain the streets, roads and 
parking areas located in the Municipality of Guaynabo, effective 
December 13, 1993.
    (4) MOU signed by the Chairman of EQB and the Executive Director of 
the Puerto Rico Port Authority to pave and maintain the streets, roads, 
and parking areas that lead into the port area in Puerto Nuevo, 
Guaynabo and San Juan, effective October 14, 1993.

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