Commonwealth of Puerto Rico

Office of the Governor

Puerto Rico Environmental Quality Board

Air Quality Area

December 22, 2012

Final

Clean Air Act Section 

110(a)(2) 

Infrastructure SIP: 

Revised Ozone and 

PM2.5

Air Quality Standards
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Infrastructure SIP: Revised Ozone and PM2.5 Air Quality Standards

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Table of Contents

ACRONYMS............................................................................................................................................3

LEGAL AUTHORITY............................................................................................................................4

INTRODUCTION AND BACKGROUND ...........................................................................................6

DEMONSTRATION OF SIP ELEMENTS ..........................................................................................7

1. ENFORCEABLE EMISSION LIMITATIONS AND OTHER CONTROL MEASURES 

(110(A) (2) (A))...............................................................................................................................7

2. AIR QUALITY MONITORING, COMPILATION, DATA ANALYSIS, AND REPORTING 

(110(A)(2)(B)).................................................................................................................................7

3. ENFORCEMENT AND STATIONARY SOURCE PERMITTING (110(A)(2)(C))...............8

4. INTERSTATE TRANSPORT (110(A)(2)(D))...........................................................................10

5. RESOURCES, CONFLICT OF INTEREST, AND EMERGENCY BACKSTOP 110(A)(2)(E))

.......................................................................................................................................................11

6. STATIONARY SOURCE EMISSIONS MONITORING AND REPORTING 110(A)(2)(F))12

7. EMERGENCY POWERS AND CONTINGENCY PLANS (110(A)(2)(G)) ..........................13

8. SIP REVISION FOR REVISED AIR QUALITY STANDARDS OR NEW ATTAINMENT 

METHODS (110(A)(2)(H)) .........................................................................................................13

9. SIP REVISIONS FOR NEW NONATTAINMENT AREAS (110(A)(2)(I))...........................14

10. CONSULTATION AND PUBLIC NOTIFICATION (110(A)(2)(J))......................................14

11. AIR QUALITY MODELING AND REPORTING (110(A)(2)(K)).........................................15

12. MAJOR STATIONARY SOURCE PERMITTING FEES (110(A)(2)(L)) ............................16

13. CONSULTATION WITH LOCAL ENTITIES (110(A)(2)(M))..............................................17
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Acronyms

AQS: Air Quality System

CAA: Clean Air Act 

EPA: Environmental Protection Agency

NAAQS: National Ambient Air Quality Standards 

NSR: New Source Review 

PR: Puerto Rico 

PRWRA: Puerto Rico Water Resources Authority 

PREQB: Puerto Rico Environmental Quality Board 

PRPPEA: Puerto Rico Public Policy Environmental Act

PSD: Prevention of Significant Deterioration

RCAP: Regulation for the Control of Atmospheric Pollution

SIP: State Implementation Plan 

SLAMS: State and Local Air Monitoring Stations 

SPM: Special Purpose Monitoring 
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LEGAL AUTHORITY

The Puerto Rico Public Policy Environmental Act (Law No. 9 of June 18, 1970 as revoked by 

Law 416 of September 22, 2004, as amended) et. Seq., established an administrative agency 

known as the Puerto Rico Environmental Quality Board of the Government of Puerto Rico, 

herein after referred as the PREQB. The before mentioned Act, empowered the PREQB to 

establish the public policy on the conservation of the environment and natural resources 

and approve environmental regulations for the Government of Puerto Rico. The PREQB 

has very broad power which range from the establishment of a state-wide environmental 

policy through its rule making powers to functional operations which encompass, among 

other duties, the actual implementation of the Puerto Rico Public Policy Environmental Act 

(PRPPEA), the issuance of cease and desist orders, and the power to hold quasi-judicial 

hearings.

The PRPPEA confers to the PREQB all the legal authority to carry out the infrastructure 

implementation plan required by the Clean Air Act (CAA), as amended. The legal authority 

granted by the PRPPEA is currently and immediately available to the PREQB which is 

directly responsible for developing and carrying out said infrastructure implementation 

plan.

In its guidelines for infrastructure implementation plans, the Environmental Protection 

Agency (EPA) has identified elements of needed legal authority. The elements are set forth 

here, followed in each case by references to local statutory sections that are believed to 

confer this authority in Article 9.

1. Authority to adopt emissions standards and limitations and any other necessary for 

attainment and maintenance of national (ambient air quality) standards

2. Authority to enforce applicable laws, regulations, and standards, and seek injunctive 

relief

3. Authority to abate pollutants emissions on an emergency basis to prevent substantial 

endangerment to the health of persons
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4. Authority to prevent constructions, modifications, or operation of any stationary and 

any location where emissions from such source will prevent the attainment or 

maintenance of a national ambient air quality standards (NAAQS)

5. Authority to obtain information necessary to determine whether air pollution sources 

are in compliance with applicable law, regulations, and standards, including authority 

to require recordkeeping and to make inspections and conduct test of air pollution 

sources.

6. Authority to require owners or operators of stationary sources to install, maintain, 

and use emissions devices and to make periodic reports to the state on the nature and 

amounts of emissions from such stationary sources; also authority for the State to 

make such data available to the public as reported and as correlated with applicable 

emissions standards or limitations.

The PREQB has promulgated rules implementing statutory authority to meet the 

requirements of both the CAA and PRPPEA. These regulations are compiled on the 

Regulation for the Control of Atmospheric Pollution (RCAP) of July 26, 1995, as amended. 

The RCAP was developed to preserve the natural quality of the air, and to prevent, 

eliminate and control atmospheric pollution: to establish standards and requirements for 

the prevention, elimination, and control of atmospheric pollution. 

For convenient reference a copy of the full official text of Law 416 is attached as a support 

document.
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Introduction and Background

Section 110 (a) of the Clean Air Act (CAA) requires states to submit an implementation plan 

to the USEPA Administrator that provides for implementation, maintenance, and 

enforcement of national ambient air quality standards. Section 110(a)(2) lists the elements 

that are to comprise the implementation plan. Several of the elements in§110(a)(2) 

specifically address the need for states to demonstrate the ability to implement, maintain, 

and enforce the air quality standards. These elements are compiled and submitted 

separately in what is referred to as an “infrastructure” SIP. This document is the 

infrastructure SIP for the revised 2008 8-hour ozone and 2006 PM2.5 air quality standards.

This document also supplements EQB’s previous 110 submittal of November 29, 2006 for 

the 1997 ozone and PM standards.

The elements of §110(a)(2) are listed below. 

I. Enforceable Emission Limitations and Other Control Measures (110(a)(2)(A)) 

II. Air Quality Monitoring, Compilation, Data Analysis, and Reporting (110(a)(2)(B)) 

III. Enforcement and Stationary Source Permitting (110(a)(2)(C)) 

IV. Interstate Transport (110(a)(2)(D)) 

V. Resources, Conflict of Interest, and Emergency Backstop (110(a)(2)(E)) 

VI. Stationary Source Emissions Monitoring and Reporting (110(a)(2)(F)) 

VII. Emergency Powers and Contingency Plans (110(a)(2)(G)) 

VIII. SIP Revision for Revised Air Quality Standards or New Attainment Methods 

(110(a)(2)(H)) 

IX. SIP Revisions for New Nonattainment Areas (110(a)(2)(I)) 

X. Consultation and Public Notification (110(a)(2)(J)) 

XI. Air Quality Modeling and Reporting (110(a)(2)(K)) 

XII. Major Stationary Source Permitting Fees (110(a)(2)(L)) 

XIII. Consultation with Local Entities (110(a)(2)(M)) 

This submittal continues to affirm the Puerto Rico Environmental Quality Board (PREQB)

commitment to comply with §110(a)(2) requirements and is incorporated by reference 

into this submittal. The following discussions respond to the new elements required by the 

1990 CAA Amendments and commitments required by the adoption of revised ozone and 

PM2.5 air quality standards.
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Demonstration of SIP Elements

Section 110(a)(2) of the clean air act establish the infrastructure elements that must be 

included in the SIP. 

The next sections will provide with the demonstration that the PREQB has the authority 

and resources for the implementation of the Infrastructure SIP, according to the EPA 

guidance related to the PM2.5 and ozone NAAQS.

1. Enforceable Emission Limitations and Other Control Measures 

(110(a) (2) (A)) 

Include enforceable emission limitations and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions 

rights), as well as schedules and timetables for compliance

Puerto Rico

The PREQB has promulgated rules to implement and enforce the NAAQS and other air 

quality standards. These rules include programs for permits and fees

The following parts of the Regulation for the RCAP contain rules relevant for these federal 

requirements:

Part I: General provisions

Part II: Approval and permits

Part IV: Prohibitions

Part V: Fees

Part VI: Operations Permits Rules for Title V Sources

2. Air Quality Monitoring, Compilation, Data Analysis, and Reporting 

(110(a)(2)(B))

States are to establish and operate devices, methods, systems, and procedures to monitor, 

compile, and analyze ambient air quality data and to provide the data to USEPA.
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Puerto Rico

PR has an extensive air quality monitoring network operated by PREQB that collects air 

quality data that are compiled, analyzed, and reported to USEPA. PREQB’s website contains 

up-to-date information about air quality monitoring, including a description of the network 

and information about monitoring of ozone and PM2.5.

PREQB commits to continue to operate an air quality monitoring network that complies 

with USEPA requirements and to provide quarterly reports of compiled and analyzed air 

quality monitoring data to USEPA.

PREQB prepare an annual ambient monitoring network plan and periodic network 

assessment in accordance with 40 CFR sections 58.10. The purpose of the annual ambient 

monitoring network plan is two-fold. First, the plan confirms that the network continues to 

meet the State and Local Air Monitoring Stations (SLAMS) criteria established by federal 

regulations, and that the information in the state and federal monitoring records properly 

classify each monitoring station. Second, the plan serves as a directory of existing State and 

Local Air Monitoring Stations (SLAMS), Special Purpose Monitoring (SPM), and the 

meteorological parameters performed at each location. 

The latest approved annual ambient monitoring network plan submitted to EPA was 2010 

Annual Ambient Monitoring Network Plan. PREQB also submitted 2011 Annual Ambient 

Monitoring Network Plan on June 28, 2011, and is actually under EPA review for approval. 

Puerto Rico’s authority to monitor ambient air quality is found in Law 416 for September 

22, 2004, as amended, Article 9(A) Section (4), et seq. 

Agreement between EPA and the PREQB establish the obligation to operate an ambient 

monitoring network that complies with applicable federal regulation(s). No specific 

statutory or regulatory authority is necessary to authorize data analysis or the submission 

of such data to EPA. Federal grant requirements establish the obligation to provide data to 

EPA. 

PREQB has and will continue to submit data to EPA’s Air Quality System (AQS).

3. Enforcement and Stationary Source Permitting (110(a)(2)(C)) 

States are to implement a program for the enforcement of control measures associated

with the “attainment SIP” and a permit program for stationary sources.

Puerto Rico
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The PREQB has established rules governing the enforcement of control measures, including 

attainment plans and permitting programs that regulate construction and modification of 

stationary sources. EPA Region 2 is actually the permitting authority for PR PSD Program. 

The sources affected by PSD Program are subject to the Federal Implementation Plan PSD 

requirements in 40 CFR sections 52.21.

The following parts of the RCAP contain rules relevant for these federal requirements:

Part I: General Provisions

 Rule103: Source Monitoring, Record Keeping, Reporting, Sampling and Testing Methods

 Rule 105: Malfunction

 Rule 106: Test Method 

 Rule 107: Air Pollution Emergencies

 Rule 108: Air Pollution Control Equipments 

 Rule 109: Notice of Violation 

 Rule 111: Applications, Hearings, Public Notice 

 Rule 112: Compliance Determination / Certification 

 Rule 115: Punishment

 Rule 119: Derogation

 Rule 120: Separability Clause

Part II: Approval and Permits

 Rule 201: Location Approval 

 Rule 202: Air Quality Impact Analysis

 Rule 203: Permit to Construct a Source 

 Rule 204: Permit to Operate a Source 

 Rule 205:Compliance Plan for Existing Emission Sources

 Rule 207: Continuing Responsibility for Compliance 

 Rule 208: Agricultural Burning Authorized

Part IV: Prohibitions

Part V: Fees

 Rule 501: Permit Fees 

 Rule 502: Excess Emissions Fees

 Rule 503: Test Fees

 Rule 504: Modification
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Part VI: Operations Permits Rules for Title V Sources

4. Interstate Transport (110(a)(2)(D)) 

a. Contain adequate provisions prohibiting any source or other type of emissions 

activity from emitting any air pollutant in amounts which will: 

 Contribute significantly to nonattainment in, or interfere with maintenance by, 

any other State with respect to any such national primary or secondary ambient 

air quality standard. 

b. Contain adequate provisions prohibiting any source or other type of emissions 

activity from emitting any air pollutant in amounts which will:

 Interfere with measures required to be included in the applicable 

implementation plan for any other State under part C to prevent significant 

deterioration of air quality or to protect visibility

Puerto Rico

The PREQB hereby certifies that our emissions do not contribute to PM2.5 or Ozone

nonattainment in another state or interfere with maintenance of the NAAQS in another 

state. Puerto Rico is not located within the continental United States. There are no 

adjacent or nearby states or territories which have PM2.5 or Ozone nonattainment 

areas. 

Nevertheless PR RCAP states: 

In the performance of its duties, the Air Quality Area shall have and may exercise the 

power to:

“Establish, revise, or modify emission limitations, emission control standards, or 

control measures for stationary sources or facilities in areas of the state where 

such sources or facilities significantly contribute to nonattainment of an ambient 

air quality standard of significantly contribute to a significant deterioration of 

air quality in the state, an area of the state, or another state; provided, however, 

that no requirement under this paragraph shall be less stringent than the 

requirements for such source or facility under this article and the rules and 

regulations promulgated pursuant to this article;”
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EPA Region 2 is responsible for the PSD and NSR permitting program that contains 

requirements for sources of air pollutants in Puerto Rico to obtain an approved permit 

before beginning constructions of a facility and before modifying an existing facility.

5. Resources, Conflict of Interest, and Emergency Backstop 

110(a)(2)(E)) 

States are to provide assurances that (i) adequate personnel, funding, and legal authority

will be available to carry out the SIP; and (ii) the State has responsibility for ensuring 

adequate implementation of plan provisions to be carried out by local districts.

In accordance with sub-element (ii), the infrastructure SIP should include requirements that the

State complies with CAA 128, "State Boards." Section 128 of the CAA states:

Sec. 128. (a) Not later than the date one year after the date of the enactment of this 

section, each applicable implementation plan shall contain requirements that –

(1) any board or body which approves permits or enforcement orders under this Act 

shall have at least a majority of members who represent the public interest and do 

not derive any significant portion of their income from persons subject to permits 

or enforcement orders under this Act, and

(2) any potential conflicts of interest by members of such board or body or the head 

of an executive agency with similar powers be adequately disclosed.

A State may adopt any requirements respecting conflicts of interest for such boards or 

bodies or heads of executive agencies, or any other entities which are more stringent 

than the requirements of paragraphs (1) and (2), and the Administrator shall approve 

any such more stringent requirements submitted as part of an implementation plan.

Puerto Rico

The PREQB relies on the complete statutory and regulatory authority as referenced 

throughout this document

i. PREQB have adequate personnel, funding, and authority under State law to carry 

out the implementation plan. Adequate funding is evaluated to be accomplished 

through the CAA section 105 grant processes. Also, the local governments have their 
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own responsibilities and privileges regarding the protection of air quality as 

established by the Puerto Rico legislature. 

ii. PREQB is the only agency responsible for the adequate implementation of the 

plan. 

6. Stationary Source Emissions Monitoring and Reporting 110(a)(2)(F)) 

Require, as may be prescribed by EPA: (i) installation, maintenance, and replacement of 

equipment, and implementation of other necessary steps, by owners or operators of 

stationary sources to monitor emissions; and (ii) periodic reports on the nature and 

amounts of emissions and emissions-related data; and(iii) correlation of such reports by 

the State agency with any emission limitations or standards established pursuant to CAA, 

which reports shall be available at reasonable times for public inspection.

Puerto Rico

The PREQB requires monitoring for air pollutants as part of its construction permit 

program. Certain emission sources are required to submit annual emission inventories and 

periodic reporting of emissions, which provides data that is used in air quality modeling to 

help PR prepare SIP revisions. Emissions data are available at reasonable times for public 

inspection. The following parts of the RCAP contain rules relevant for these federal 

requirements:

Part I: General Provisions

 Rule103: Source Monitoring, record keeping, reporting, sampling and testing Methods

 Rule 104: Emission data Available for Public Participation

 Rule 106: Test Methods 

 Rule 108: Air Pollution Control Equipment 

 Rule 109: Notice of Violation

 Rule 111: Applications, Hearings, Public Notice 

 Rule 112: Compliance Determination / Certification 

Part II: Approval and Permits

 Rule 201: Location Approval 

 Rule 202: Air Limits Impact Analysis 

 Rule 203: Permit to Construct a Source 
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7. Emergency Powers and Contingency Plans (110(a)(2)(G)) 

States are to provide for authority comparable to that in Section 303, which provides legal 

authority to the USEPA to halt the emission of air pollutants causing or contributing to 

injury to public or welfare. USEPA is authorized to either bring a lawsuit in federal court or, 

if such civil action cannot assure prompt protection of public health or welfare, to issue 

such orders as may be necessary to protect public health or welfare or the environment. 

The requirement for states to provide for adequate contingency plans to implement such

authority is intended to establish emergency episode plans for responding to elevated

pollutant levels in urban areas. Emergency episode plans are required in areas that record 

pollutant concentrations in excess of threshold levels specified in 40 CFR 51.150. USEPA is 

proposing to amend this regulation to address new ozone and PM2.5 standards.

Puerto Rico

The PREQB may issue emergency order to the persons causing or contributing to the 

atmospheric pollution to reduce their emissions in order to eliminate sources condition or 

to immediately discontinue the emissions of pollutants. The PREQB also has the authority 

to provide through regulation adequate contingency measures in nonattainment and 

limited maintenance areas to establish plans for responding to elevated pollutant levels in 

such areas.

PREQB commits to submit any necessary revisions to its Air Pollution Emergency Plan 

upon adoption of amended guidance by USEPA.

In addition, the PREQB also maintains air pollution information in a form readily available 

to the public on the PREQB Website (http://www.jca.gobierno.pr). Local weather forecasts 

regularly warn the public about poor air quality days, including particulate matter alerts. 

The following parts of RCAP contain rules relevant for this federal requirement: Part I, 

Rule 107: Air Pollution Emergencies

8. SIP Revision for Revised Air Quality Standards or New Attainment 

Methods (110(a)(2)(H)) 

States are to provide for revision of SIPs from time to time when air quality standards are 

revised or new attainment methods become available or when USEPA informs states that 

current SIPs are inadequate to attain standards or to comply with additional requirements 

under the Clean Air Act.
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Puerto Rico

PREQB commits to submit SIP revisions whenever revised air quality standards are 

promulgated by EPA. The CAA Section 105 Grant Work Plan prepared annually by PREQB 

includes specific commitments to implement and revise the SIPs when necessary.

PREQB is submitting a revised SIP that responds to revised and new air quality standards

for both 8-hour ozone and PM2.5

9. SIP Revisions for New Nonattainment Areas (110(a)(2)(I)) 

In the case of a plan or plan revision for an area designated as nonattainment area, meet 

the applicable requirements of part D (relating to nonattainment areas). 

States are to submit SIP revisions for newly designated nonattainment areas to meet the 

requirements of Part D – Plan Requirements for Nonattainment Areas under Clean Air Act 

Title I – Air Pollution Prevention and Control. Part D of the Clean Air Act specifies both 

general requirements for all SIPs and specific requirements for different criteria pollutants.

Puerto Rico

PREQB commits to submit SIP revisions whenever areas of the state are newly designated 

nonattainment for any federal ambient air quality standard. EPA Region 2 is responsible 

for the nonattainment new source review permitting program that contains requirements 

for sources of air pollutants in PR to obtain an approved permit before beginning 

constructions of a facility and before modifying an existing facility

10. Consultation and Public Notification (110(a)(2)(J)) 

States are to: (i) meet applicable requirements of 121 (consultation). Section 121 requires 

that states provide a satisfactory process of consultation with general purpose local 

governments, designated organizations of elected officials of local governments, and any 

affected federal land manager in carrying out CAA requirements; and (ii) Meet applicable 

requirements of 127 (public notification). Section 127 requires the states to provide

measures which will be effective to notify the public on a regular basis of instances or areas 

in which any air quality standard is exceeded during the preceding calendar year, to advise 

the public of the health hazards associated with such pollution, and to enhance public 

awareness of measures that can be taken to prevent such standards from being exceeded.
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Puerto Rico

 PREQB, as part of a SIP revision process, consults with local and state agencies of 

concern and sign the necessary Memorandum of Understanding. The PREQB 

consults with other state agencies, local agencies, and non-governmental 

organizations, as well as with the environmental agencies of other states regarding 

air quality concerns.

 PREQB conduct public hearings and to solicit comments testimony from other 

agencies and the public when adopting local nonattainment plans for inclusion in 

the SIP. Additionally, according to the applicable provisions of Law Number 170 of 

August 12, 1988, as amended, Uniform Administrative Procedure Act requires 

notification and provision of comment opportunities to all parties affected by 

proposed regulations.

 PREQB inform daily particle levels and issues e-mails to the public, businesses and 

the media. 

 Daily air quality status may be disseminated to the public in the PREQB web page. 

 In addition, PREQB web page display past air quality information and dynamic 

graphs provide summaries of unhealthy air quality experienced throughout PR. 

This feature of the website allows the public to monitor long term air quality and 

see how one year compares to previous years. 

 PREQB commits to maintain a public information and education program that 

satisfies the requirements of Section 127.

11. Air Quality Modeling and Reporting (110(a)(2)(K)) 

States are to (i) provide for performance of air quality modeling as EPA may prescribe for 

the purpose of predicting the effect on ambient air quality of any emissions of any air 

pollutant for which EPA has established a NAAQS; and (ii) provide for the submission, upon 

request, of data related to such air quality modeling to EPA

Puerto Rico

Inherent in the obligation to meet the NAAQS, PREQB is the authority for PR to perform 

modeling as required under the CAA to demonstrate attainment. Air quality modeling data 

is submitted as part of Puerto Rico’s relevant SIP submissions and through federal grant 

commitments. 
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PREQB commits to continue to use air quality models in accordance with USEPA and the 

continued submittal of data and modeling results to USEPA.

PREQB has a specialized division in air dispersion models. It is composed of adequate 

personnel with all the training needed to perform the runs of the mathematical models 

recommended for each NAAQS. PREQB use the latest methodology and techniques, and 

documents all the information that its staff uses when conducting modeling or when 

evaluating the performance of air quality models used for this purpose. 

PREQB have the technical and personnel resources to conduct air quality modeling in order 

to assess the effect on ambient air quality of relevant pollutant emissions; and can provide 

relevant data as part of the permitting and NAAQS implementation process. PREQB 

already prepared the air quality modeling for the lead designation for Puerto Rico. This 

modeling was approved by the EPA’s air modeling personnel.

12. Major Stationary Source Permitting Fees (110(a)(2)(L)) 

Require owner of a major stationary source to pay, as a condition of any permit required 

under CAA, a fee sufficient to cover: (i) reasonable cost of reviewing and acting upon any 

permit application, and (ii) if the owner receives a permit, the reasonable costs of 

implementing and enforcing the terms and conditions of the permit (not including court 

costs or costs associated with enforcement), until fee requirement is superseded by EPA 

approval of a Title V fee program.

Puerto Rico

Part VI of the RCAP: Operations Permits Rules for Title V sources were approved by EPA 

on February 26, 1996 (61 FR 7073). The PREQB assesses annual fees that are sufficient to 

cover the Puerto Rico major source permit program costs. The Board shall ensure that any 

fee required by this chapter will be used solely for permit program costs. When a source 

applies for a modification, administrative change or minor modification to the Title V 

permit, the source will pay per tonnage. The Governing Board of PREQB issues several 

Resolutions (R-97-47-1; R-03-13-23; RI-06-02; R-06-17-8) that provides for the annual 

payment of actual emissions based on a fixed rate by tonnage.

The following parts of the RCAP contain rules relevant for these federal requirements:

Part VI: Operations Permits Rules for Title V Sources

 Rule 610: Fee Determination and Certification
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13. Consultation with Local Entities (110(a)(2)(M)) 

Provide for consultation and participation by local political subdivisions affected by the 

plan.

Puerto Rico

The PREQB has several cooperative agreements and Memoranda of Understanding with 

various other local agencies and organizations. Consultation with a variety of different 

organizations is a regular part of the PREQB’s process of developing SIP revisions.