[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19641]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[Region II Docket No. 126, PR3-1-6331, FRL-5030-4]

 

Approval and Promulgation of PM10 Implementation Plan for 
the Commonwealth of Puerto Rico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking.

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SUMMARY: The EPA proposes full approval of the State Implementation 
Plan (SIP) submitted by the Commonwealth of Puerto Rico for the purpose 
of attaining the National Ambient Air Quality Standards (NAAQS) for 
fine particulate matter with an aerodynamic diameter less than or equal 
to a nominal 10 micrometers (PM10). The SIP addresses sources 
impacting the Municipality of Guaynabo, Puerto Rico which has been 
designated nonattainment.

DATES: Comments must be received on or before the later of the 
following two dates: either September 12, 1994 or 14 days after the 
date of an EPA public meeting to discuss the proposal. The date, times 
and place of this public meeting will be announced in Puerto Rico 
shortly.

ADDRESSES: All comments should be addressed to:

Jeanne M. Fox, Regional Administrator, Environmental Protection Agency, 
Region II Office, 26 Federal Plaza, New York, NY, 10278; 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.

    Copies of the state submittal are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region II Office, Library, 26 Federal 
Plaza, Room 402, New York, NY, 10278.
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.

FOR FURTHER INFORMATION CONTACT:

William S. Baker, Chief, Air Programs Branch, Environmental Protection 
Agency, Region II Office, 26 Federal Plaza, Room 1034A, New York, New 
York, 10278, (212) 264-2517; 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 be designated 
nonattainment. The Municipality of Guaynabo, Puerto Rico was designated 
nonattainment for PM10 and classified as moderate based on 
violations measured in 1987 in the Municipality. The Act requires state 
or territorial governments to revise the SIP for all areas that are 
designated as nonattainment to ensure that the NAAQS will be attained. 
Under the context of the Act, the Commonwealth of Puerto Rico is 
regarded as a state. The reader should refer to the ``General 
Preamble'' [see generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 
(April 28, 1992)] for a more detailed discussion of the designation of 
PM10 nonattainment areas.

II. Clean Air Act Requirements for PM10 SIP's

    The air quality planning requirements for areas designated 
nonattainment for PM10 are set out in subparts 1 and 4 of Title I 
of the Act. EPA intends to review SIP's and SIP revisions submitted 
under Title I of the Act, including those state submittals addressing 
moderate PM10 nonattainment areas according to the ``General 
Preamble.'' Because EPA is describing the PM10 requirements here 
only in broad terms, the reader should refer to the ``General 
Preamble'' for a more detailed discussion of the PM10 
requirements, and guidance on meeting those requirements.
    States containing moderate PM10 nonattainment areas were 
required to submit, among other things, the following elements by 
November 15, 1991:
    A. Regulations to assure that reasonably available control measures 
(RACM) [including such reductions in emissions from existing sources in 
the area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology (RACT)] shall be implemented no 
later than December 10, 1993;
    B. Either a demonstration (including air quality modeling) that the 
plan will provide for attainment as expeditiously as practicable but no 
later than December 31, 1994 or a demonstration that attainment by that 
date is impracticable;
    C. Quantitative milestones which are to be achieved every three 
years and which demonstrate reasonable further progress (RFP) toward 
attainment by December 31, 1994; and
    D. Provisions to assure that the control requirements applicable to 
major stationary sources of PM10 also apply to major stationary 
sources of PM10 precursors except where the Administrator 
determines that such sources do not contribute significantly to 
PM10 levels which exceed the NAAQS in the nonattainment area 
(sections 172(c), 188, and 189.)
    There are requirements for a New Source Review (NSR) permit program 
and contingency measures that are due at a later date:
    E. States with a moderate PM10 nonattainment area were 
required to submit a NSR permit program SIP revision for the 
construction and operation of new and modified major stationary sources 
of PM10 by June 30, 1992 [section 189 (a)(2)]. The specific NSR 
requirements for moderate PM10 nonattainment areas are:
    1. Definition of the term ``major stationary source'' that reflects 
thresholds of 100 tons per year (tpy) for PM10 and, presumptively, 
100 tpy for each PM10 precursor for determination of whether a 
source is subject to Part D requirements as a major source;
    2. Provisions to ensure that new or modified major stationary 
sources obtain emission offsets at an offset ratio of at least one to 
one;
    3. Requirements applicable to major sources of PM10 are also 
applicable to major sources of PM10 precursors, except where EPA 
determines that the sources of PM10 precursors do not contribute 
significantly to PM10 levels which exceed the PM10 NAAQS in 
the area. The EPA generally considers sulfur dioxide (SO2), 
nitrogen oxides (NOX), and volatile organic compounds (VOC) to be 
PM10 precursors for NSR purposes; and
    4. Provisions to ensure that the significance threshold for a 
modification to be major, and therefore subject to the section 173 
permit requirements, is 15 tpy for PM10 and, presumptively, 15 tpy 
for each PM10 precursor.
    F. States must submit contingency measures by November 15, 1993 
which become effective without further action by the state or EPA, upon 
a determination by EPA that the area has failed to achieve RFP or to 
attain the PM10 NAAQS by the applicable statutory deadline. This 
requirement is described in section 172(c)(9) of the Act and 57 FR 
13543-13544.
    General requirements for implementation plans are contained in 
section 110 of the Act and sets out provisions governing EPA's review 
of SIP submittals (see 57 FR 13565-13566). The Act requires states to 
observe certain procedural requirements in developing implementation 
plans and plan revisions for submission to EPA. Section 110(a)(2) of 
the Act provides that each implementation plan submitted by a state 
must be adopted after reasonable notice and public hearing.1 
Section 110(l) of the Act similarly provides that each revision to an 
implementation plan submitted by a state under the Act must be adopted 
by such state after reasonable notice and public hearing. EPA also must 
determine whether a submittal is complete and therefore warrants 
further EPA review and action [see section 110(k)(1) and 57 FR 13565]. 
EPA's completeness criteria for SIP submittals are set out at Title 40 
Code of Federal Regulation (CFR) Part 51, Appendix V (1991), as amended 
by 57 FR 42216 (August 26, 1991).
---------------------------------------------------------------------------

    \1\Also section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
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III. Analysis of Puerto Rico's SIP Submission

    For a more detailed discussion of Puerto Rico's submittal and EPA's 
proposed action on the submittal, the reader should refer to the 
Technical Support Document developed for this proposed action and found 
at the previously mentioned addresses.

A. Administrative Requirements

    The Commonwealth of Puerto Rico held a public hearing on October 
15, 1993 to accept public comments on the implementation plan for the 
Municipality of Guaynabo PM10 nonattainment area. Following the 
public hearing the plan was adopted by Puerto Rico and signed by the 
Secretary of State on March 2, 1994. On November 14, 1993, the plan was 
submitted to EPA as a revision to the SIP. The submittal was 
supplemented with administrative documents on March 18, 1994 and March 
30, 1994. The SIP revision submitted on November 14, 1993 and 
supplemented on March 18, 1994 and March 30, 1994 was reviewed by EPA 
to determine completeness in accordance with the completeness criteria 
set out at 40 CFR 51, and found to be complete.
    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. In this action, EPA is proposing to approve 
the SIP revision submitted to EPA on November 14, 1993 and supplemented 
on March 18, 1994 and March 30, 1994.

B. Emissions Inventory

    Section 172(c)(3) of the Act requires that nonattainment plan 
provisions include a comprehensive, accurate, and current inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. The emissions inventory should also include a 
comprehensive, accurate, and current inventory of allowable emissions 
in the area. Because the submission of such inventories are necessary 
to an area's attainment demonstration, the emissions inventories must 
be received with the submission (see 57 FR 13539).
    Puerto Rico submitted an emissions inventory for base year 1990. 
The base year inventory identified area sources as the primary cause of 
PM10 nonattainment contributing approximately 79 percent of the 
total emissions during the time the violations were recorded. 
Additional contributing sources included point sources (19 percent), 
microinventory sources including fugitive dust sources (one percent), 
and marine vessels (one percent).
    EPA is proposing to approve the emissions inventory because it 
generally appears to be 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.2
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    \2\EPA issued guidance on PM10 emissions inventories prior 
to the enactment of the Clean Air Act Amendments in the form of the 
1987 PM10 SIP Development Guideline. The guidance provided in 
this document appears to be consistent with the Act.
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C. RACM (Including RACT)

    As previously noted, moderate PM10 nonattainment areas must 
submit provisions to assure that RACM (including RACT) are implemented 
no later than December 10, 1993 [see sections 172(c)(1) and 
189(a)(1)(C)]. The ``General Preamble'' contains a detailed discussion 
of EPA's interpretation of the RACM (including RACT) requirement (see 
57 FR 13539-13545 and 13560-13561).
    Puerto Rico submitted provisions to assure the implementation of 
RACM (including RACT) by December 10, 1993. The SIP contains 
enforceable commitments by the Puerto Rico Environmental Quality Board 
(PREQB) to achieve various RACM requirements in the regulations as well 
as through Memoranda of Understanding (MOU). The PREQB has signed MOU's 
with various entities to include details of how the various RACM 
requirements will be implemented. Further discussion on the MOU's is 
included in the enforceability section `G'. The three RACM's contained 
in the SIP address measures to control emissions from urban fugitive 
dust sources such as re-entrained road dust from paved roads, unpaved 
roads and parking lots, and windblown dust from construction sites and 
other areas;
    1. The SIP determined that an efficiency of 25 percent was 
reasonable in controlling emissions of fugitive dust from paved roads.
    2. The SIP determined that a control effectiveness of 70 percent 
was reasonable in controlling emissions of fugitive dust from unpaved 
roads, based on the use of chemical stabilization. Also, a control 
effectiveness of 90 percent is used for unpaved roads and parking lots 
located at industrial facilities in the Municipality of Guaynabo.
    3. Due to uncertainties in quantifying the emission reduction 
benefit for construction sites and other areas where land is subject to 
wind erosion, no credit was taken in the attainment demonstration for 
emission reductions. However, controlling these sources using Puerto 
Rico's SIP measures will further assure attainment of the NAAQS in the 
Municipality of Guaynabo.
    In addition to the control measures for fugitive dust sources, five 
point source categories were identified as contributing to the 
PM10 nonattainment problem in the Municipality of Guaynabo. RACT 
for these source categories are:
    1. Electric Utilities (greater than 25 megawatts of generating 
capacity) are limited to the use of 1.5 percent sulfur in No. 6 fuel 
oil;
    2. Petroleum Refineries are limited to the use of 1.0 percent 
sulfur in No. 6 fuel oil;
    3. Grain Handling facilities must install control equipment that is 
99.5 percent efficient; prohibit clam unloading of barges; require all 
material handling operations including truck loading/unloading, and 
ship unloading to take place in fully enclosed rooms and vented to a 
control device; and implement a street cleaning program for all yard 
activities associated with vehicular activities;
    4. Asphalt Blowing facilities must install control equipment that 
controls 90 percent of the emissions; and
    5. Quarries/Rock Crushing operations must utilize water to suppress 
dust thus achieving a 70 percent reduction in emissions.
    The RACT regulations will apply to sources in these source 
categories which are located in or have an impact on the Municipality 
of Guaynabo. The following table includes the estimated PM10 
emissions before and after controls for the source categories 
previously mentioned.

------------------------------------------------------------------------
                    Base year emissions     RACT emissions              
                           (tpy)                (tpy)          Emission 
  Source category  ------------------------------------------ reductions
                     Actual   Allowable   Actual   Allowable     (tpy)  
------------------------------------------------------------------------
Electric Utilities    2196.9     5814.2    2079.0     4908.7      905.5 
Petroleum                                                               
 Refineries.......      42.1      167.8      42.1      167.8       30.0 
Grain Handling....     214.3      256.0      25.0       33.0     4223.0 
Asphalt Blowing...      59.5       81.8       6.0        8.2       73.6 
Quarries/Rock                                                           
 Crushing                                                               
 Operation........      74.6       74.6      74.6       74.6       30.0 
                   -----------------------------------------------------
      Total.......    2587.4     6394.4    2226.7     5192.3    1202.1  
------------------------------------------------------------------------
3The SIP requires that RACT be applied to these source categories, but  
  the analysis had uncertainties in the precise calculation of the      
  emission reduction benefit. Puerto Rico has chosen, in essence, no    
  credit to be taken towards attainment for the application of RACT on  
  these sources and instead that they act as additional measures to make
  certain the area attains the NAAQS.                                   
4The emission reductions presented in the table also reflect the        
  reductions from installing control equipment as well as paving the    
  truck haul roads at the grain handling facilities and other control   
  measures.                                                             

    Puerto Rico commits to implementing the control measures (RACM and 
RACT) by December 10, 1993. Control of the point source categories is 
expected to result in an estimated emission reduction in PM10 of 
1,202.1 tpy in the area. EPA has reviewed Puerto Rico's explanation and 
associated documentation and concluded that it adequately justifies its 
choice of control measures to be implemented. The implementation of 
Puerto Rico's PM10 nonattainment plan control strategy will result 
in the attainment of the PM10 NAAQS by December 31, 1994. By this 
notice, EPA is proposing to approve the control strategy comprising 
RACM including RACT.

D. Demonstration of Attainment

    As previously noted, moderate PM10 nonattainment areas must 
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 section 189(a)(1)(B) of the 
Act).
    PREQB performed an attainment demonstration using the Industrial 
Source Complex (ISC2) dispersion model and five years of National 
Weather Service meteorological data. This demonstration indicates the 
NAAQS for PM10 will be attained by December 31, 1994 in the 
Municipality of Guaynabo and maintained throughout the future to year 
1999. The demonstration predicted the highest 24-hour average 
concentration by the attainment date of December 31, 1994 will be 111.3 
g/m3, compared to the 24-hour PM10 NAAQS of 150 
g/m3. The peak annual concentration predicted by the 
model for the attainment year is 48.9 g/m3, compared to 
the annual PM10 NAAQS of 50 g/m3. The demonstration 
also showed that the PM10 NAAQS will be maintained in future years 
through the year 1999.

E. New Source Review PM10 Permit Program

    The general statutory permit requirements for moderate PM10 
nonattainment areas are contained in section 173 and in subpart 4 of 
Part D of the Act. For moderate PM10 nonattainment areas, states 
must adopt the appropriate major source threshold, offset ratio, 
significance level for modifications, and provisions for PM10 
precursors. The following summarizes how Puerto Rico's SIP submittal 
addresses the NSR requirements.
    1. Puerto Rico has established a major source threshold of 100 tpy, 
a minimum offset ratio of one to one, and a modification significance 
level of 15 tpy. These provisions meet the minimum federal requirements 
and are, therefore, approvable.
    2. Puerto Rico has satisfied the requirement to demonstrate that 
the control requirements which are applicable to major stationary 
sources of PM10, should also apply to major stationary sources of 
PM10 precursors, such as SO2, VOC and NOX. However, such 
requirements will not apply where the EPA Administrator and the Board 
determine that such sources of PM10 precursors do not 
significantly contribute to PM10 levels which exceed the PM10 
ambient standards.
    3. The provisions to ensure the lifting of construction bans 
previously imposed on states which did not have an approved 
nonattainment NSR SIP are not applicable to Puerto Rico since it did 
not have a construction ban.
    4. The provisions to assure that calculation of emissions offsets, 
as required by section 173(a)(1)(A), are based on the same emissions 
baseline used in the demonstration of RFP are already contained in 
Puerto Rico's existing regulations.
    5. Puerto Rico's Rule 203 provides that a permit to construct or 
modify a source may be granted for a proposed new major source or major 
modification of an existing major source only if the applicant has 
received a valid location approval. Rule 201 provides that a location 
approval may be granted only if an emission offset is provided and the 
``emission reductions must [be] based in actual emissions and federally 
enforceable, through a permit condition made to the existing source, by 
the time the new or modified source commences operation.'' EPA 
interprets these rules to require an applicant for a new major source 
or a major modification to an existing major source to secure federally 
enforceable emission reductions before a permit to construct or modify 
is granted, and to require that such emission reductions be federally 
enforceable and in effect by the time the new or modified source 
commences operation. That is, the permit condition for emission 
reductions by the existing source will not have an effective date 
beyond the date when the new or modified source commences operation. 
EPA therefore proposes approval of these rules as satisfying 
requirements in section 173(a & c).
    6. The provisions to assure that emissions increases from new or 
modified major stationary sources are offset by real reductions in 
actual emissions as required by section 173(c)(1) are contained in the 
revised regulations, and are therefore approvable.
    7. The provisions to prevent emissions reductions otherwise 
required by the Act from being credited for purposes of satisfying the 
Part D offset requirements are contained in the regulations, and are 
therefore approvable.
    8. Provisions that, as a prerequisite to issuing any part D permit, 
require an analysis of alternative sites, sizes, production processes, 
and environmental control techniques for proposed sources that 
demonstrates that the benefits of the proposed source significantly 
outweigh the environmental and social costs imposed as a result of its 
location, construction, or modification, are included in the revised 
regulation, and are therefore approvable.
    9. Puerto Rico has included a provision, in accordance with section 
173(d) of the Act, for supplying information from nonattainment NSR 
permits to EPA's RACT/BACT/LAER clearinghouse. This provision is 
therefore approvable.
    EPA is proposing to approve the PM10 NSR permit program SIP 
revision.

F. Quantitative Milestones and RFP

    The moderate PM10 nonattainment area plan revisions 
demonstrating attainment must contain quantitative milestones which are 
to be achieved every three years until the area is redesignated 
attainment and which demonstrate RFP toward attainment by December 31, 
1994 (see section 189(c) 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.
    For moderate PM10 nonattainment areas, the emissions 
reductions progress made between the SIP submittal due date of November 
15, 1991 and the attainment date of December 31, 1994 will satisfy the 
first quantitative milestone. The deminimis timing differential makes 
it administratively impracticable to require separate milestone and 
attainment demonstrations. Thus, EPA's policy is to deem that the 
emissions reductions progress made between the SIP submittal due date 
and the attainment date will satisfy the quantitative milestone 
requirement for these areas (see 57 FR 13539).

G. Enforceability

    All measures and other elements in the SIP must be enforceable by 
the state and EPA (see sections 172(c)(6), 110(a)(2)(A) and 57 FR 
13556). The EPA's criteria addressing the enforceability of SIP's and 
SIP revisions are stated in a September 23, 1987 memorandum (with 
attachments) from J. Craig Potter, Assistant Administrator for Air and 
Radiation, et al. (see 57 FR 13541). Moderate PM10 nonattainment 
area plan provisions must also contain a program which provides for 
enforcement of the control measures and other elements in the SIP [see 
section 110(a)(2)(C)].
    The specific control measures contained in the SIP are addressed 
under the section headed ``RACM (including RACT).'' These control 
measures apply to the types of activities identified in that 
discussion. The SIP provides that only specific sources in the 
PM10 nonattainment area and/or that significantly impact the 
nonattainment area will be subject to the applicable control measures. 
Several minor sources were excluded in the control strategy because 
they do not contribute significantly to the modeled exceedances of the 
NAAQS.
    Consistent with the attainment demonstration described above, 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 commence by February 15, 1994, and must be completed by 
November 30, 1994. 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. 
RACT for stationary point sources is also enforced by PREQB through 
federally enforceable permit conditions.
    In addition to the RACT requirements for stationary sources, the 
SIP contains enforceable commitments by PREQB to achieve various RACM 
requirements. To implement these measures, PREQB 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 for 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, having gone through public review and 
comment, will be incorporated into the SIP by reference, and are 
effective as of the date each was signed. The attainment demonstration, 
which shows attainment of the PM10 NAAQS by December 31, 1994, 
uses emissions reductions based on some of these RACM measures, and 
thus EPA expects them to be implemented by that date. Once incorporated 
into the approved SIP, the requirements of the MOU may not be changed 
except by a revision to the SIP submitted to and approved by EPA.
    Puerto Rico's revisions to the regulations include a new definition 
for ``PM10'' in Rule 102. Although test methods are not contained 
in Puerto Rico's definition of ``PM10'' as they are in 40 CFR 
51.100 (qq), EPA proposes to approve Puerto Rico's definition of 
``PM10,'' since the relevant test methods are found in other 
provisions of the regulations.

H. Contingency Measures

    As provided in section 172(c)(9) of the Act, all moderate PM10 
nonattainment area SIP's that demonstrate attainment must include 
contingency measures (see generally 57 FR 13543-44). These measures 
must be submitted by November 15, 1993 for the moderate PM10 
nonattainment areas. Contingency measures should consist of other 
available measures that are not part of the area's control strategy. 
These measures must take effect without further action by the State or 
EPA, upon a determination by EPA that the area has failed to make RFP 
or attain the PM10 NAAQS by the applicable statutory deadline. The 
Municipality of Guaynabo PM10 nonattainment area SIP contains the 
following six contingency measures and are included in Rule 423(D):
    1. Puerto Rico Department of Transportation shall collect data on 
silt content and dust loadings for highways in the Municipality of 
Guaynabo for better estimating PM10 emissions following EPA's 
``Compilation of Air Pollution Emission Factors'' (AP-42) procedures.
    2. The Municipality of Guaynabo shall require vegetation, chemical 
stabilization, or other abatement of wind erodible soils.
    3. Diesel fuel oil with a sulfur in fuel less than 0.3 percent 
shall be used by all vessels operating in San Juan Bay.
    4. No visible emissions from any vessel shall be permitted in the 
San Juan Bay except as provided in Rule 403 of the regulations.
    5. The Port Authority shall implement a street cleaning program or 
other program to prevent dust from collecting on paved surfaces in 
their jurisdiction.
    6. The Municipality of San Juan must revise the dust and fire 
abatement programs at its sanitary landfill in order to establish 
additional pollution control strategies.
    The SIP provides that each of these measures can take effect 
without further action by Puerto Rico or EPA should EPA determine that 
the Municipality of Guaynabo PM10 nonattainment area has failed to 
achieve RFP or to attain the PM10 NAAQS by December 31, 1994.
    After review of the contingency measures described above, EPA is 
proposing to approve the Municipality of Guaynabo PM10 
nonattainment area contingency measures.

I. PM10 Precursors

    The Act states that ``control requirements applicable to major 
stationary sources of PM10 must also apply to major stationary 
sources of PM10 precursors except where the Administrator 
determines that such sources do not contribute significantly to 
PM10 levels which exceed the NAAQS in the area.'' Based on filter 
analyses of the Guaynabo nonattainment area, the relatively minor 
contribution of precursors to overall nonattainment, and the 
effectiveness of the state's RACT/RACM strategies, EPA has determined 
that no direct controls of PM10 precursors are needed for 
attainment. Nonetheless, Puerto Rico has chosen to include a provision 
for NSR purposes wherein the requirements for PM10 precursors 
apply unless EPA and PREQB determine otherwise.
    Note that while EPA is making a general finding for this area, this 
finding is based on the current character of the area including, for 
example, the existing mix of sources in the area. It is possible, 
therefore, that future growth could change the significance of 
precursors in the area. The EPA intends to issue future guidance 
addressing such potential changes in the significance of precursor 
emissions in an area.

IV. Summary

    EPA is proposing to approve the plan revision submitted on November 
14, 1993 by Puerto Rico for the Municipality of Guaynabo PM10 
nonattainment area. Specifically, EPA is proposing to approve the 
emissions inventory, the control strategy including RACM and RACT, the 
demonstration that the Municipality of Guaynabo PM10 nonattainment 
area will attain the PM10 NAAQS by December 31, 1994 and maintain 
the PM10 NAAQS through 1999, the NSR permit provisions and the 
contingency measures. EPA determined that PM10 precursor controls 
are not needed for attainment. EPA proposes to approve this SIP 
submittal in relation to its satisfying all Act requirements, therefore 
addressing the findings made by EPA on December 16, 1991 and January 
15, 1993.
    EPA is requesting comments on all aspects of this proposal. EPA 
will consider all comments received before taking final action.

V. Miscellaneous

    Nothing in this proposed 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 the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and Subchapter I, Part D of the Act 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moveover, 
due to the nature of the federal-state relationship under the Clean Air 
Act, preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
Act forbids EPA to base its actions concerning SIP's on such grounds. 
Union Electric Co. v US EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 
7410(a)(2).
    This proposed rule has been classified as a Table 2 action by the 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by an 
October 4, 1993 memorandum from Michael H. Shapiro, Acting Assistant 
Administrator for Air and Radiation. A future notice will inform the 
general public of these tables. On January 6, 1989, the Office of 
Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222) 
from the requirements of section 3 of Executive Order 12291 for a 
period of two years. The EPA has submitted a request for a permanent 
waiver for Table 2 and 3 SIP revisions. The Office of Management and 
Budget has agreed to continue the temporary wavier until such time as 
it rules on EPA's request. This request continues in effect under 
Executive Order 12866 which superseded Executive Order 12291 on 
September 30, 1993.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

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

    Dated: July 21, 1994.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 94-19641 Filed 8-10-94; 8:45 am]
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