# 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

PM 2.5 

# Air Quality StandardsPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

2 

### Table of Contents

ACRONYMS

................................ ................................ ................................ ................................ ............ 3

LEGAL AUTHORITY

................................ ................................ ................................ ............................ 4

INTRODUCTION AND BAC KGROUND

................................ ................................ ........................... 6

DEMONSTRATION OF SIP ELEMENTS

................................ ................................ .......................... 7

1. ENFORCEABLE EMISSION LIMITATIONS AND OTHE R CONTROL MEASURES
(110(A) (2) (A))

................................ ................................ ................................ ............................... 7

2. AIR QUALITY MONITORI NG, COMPILATION, DAT A ANALYSIS, AND REPO RTING
(110(A)(2)(B))

................................ ................................ ................................ ................................ . 7

3. ENFORCEMENT AND STAT IONARY SOURCE PERMIT TING (110(A)(2)(C))

............... 8

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

................................ ................................ ........... 10

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

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

6. STATIONARY SOURCE EM ISSIONS MONITORING A ND REPORTING 110(A)( 2)(F)) 12

7. EMERGENCY POWERS AND CONTINGENCY PLANS (1 10(A)(2)(G))

.......................... 13

8. SIP REVISION FOR REV ISED AIR QUALITY STA NDARDS OR NEW ATTAIN MENT
METHODS (110(A)(2)(H ))

................................ ................................ ................................ ......... 13

9. SIP REVISIONS FOR NE W NONATTAINMENT AREA S (110(A)(2)(I))

........................... 14

10. CONSULTATION AND PUB LIC NOTIFICATION (11 0(A)(2)(J))

................................ ...... 14

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

................................ ......... 15

12. MAJOR STATIONARY SOU RCE PERMITTING FEES (110(A)(2)(L))

............................ 16

13. CONSULTATION WITH LO CAL ENTITIES (110(A) (2)(M))

................................ .............. 17Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

3 

### 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 Quali ty 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: Speci al Purpose MonitoringPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

4 

### 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 Environmen tal 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 re gulations 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 imp lementation 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

implem entation 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

p lan.

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, regula tions, and standards, and seek injunctive
relief

3. Authority to abate pollutants emissions on an emergency basis to prevent substantial
endangerment to the health of personsPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

5 4. Authority to prevent constructions, modifications, or operation of any stationary an d

a ny 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 appl icable 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 d evices 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 o r 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 (RC AP ) of July 26, 1995, as amen ded.

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 conven ient reference a copy of the full official text of Law 416 is attached as a support

document.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

6 

### 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

- h our ozone and 2006 PM 2.5 air quality standards.

T his 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 Emerg ency 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))

T his 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

PM 2.5 air quality standards

.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

7 

### Demonstration of SIP Elements

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

included in the SI P.

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 Limitation s 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 schedul es 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 ru les 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 Reporti ng (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.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

8 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 o zone and PM 2.5

.
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 mon itoring 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 Monit oring 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 Moni toring 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 a lso 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 RicoPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

9 The PREQB has established rules governing the enforcement of control measures, inclu ding 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 Implement ation 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

 Ru le 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

 R ule 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

 R ule 504: ModificationPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

10 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 prote ct 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 RC AP states:

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

power to:

“ Establish, re vise, 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 o

f 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 faci lity under this article and the rules and regulations promulgated pursuant to this article; ”Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

11 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 pe rmit 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 require ments 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 tha t

–

(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 enfo rcement 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 fo r 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 impleme ntation 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 fu nding is evaluated to be accomplished through the CAA section 105 grant processes. Also, the l ocal governments have theirPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

12 own responsibilities and privileges regarding the protection of air quality as established by the Puerto Rico legislature.

ii. PR EQB is t he 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) i nstallation, maintenance, and replacement of equipment, and implementat ion of other necessary steps, by owners or operators of stationary sources to monitor emissions ; and ( ii) p eriodic reports on the nature and

amounts of emissions and emissions

- related data ; and(iii) c orrelation 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 em ission 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

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

Part I : General P rovisions

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

 Rule 104: Emission data Available for Public P articipation

 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 P ermits

 Rule 201: Loc ation Approval

 Rule 202: Air Limits Impact Analysis

 Rule 203: Permit to Construct a SourcePuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

13 

### 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 respondin g 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 PM 2.5 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 polluta nts. 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 ne cessary 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 av ailable or when USEPA informs states that current SIPs are inadequate to attain standards or to comply with additional requirements

under the Clean Air Act.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

14 Puerto Rico

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

prom ulgated 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 bo th 8

- hour ozone and PM 2.5



### 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).

State s 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 stand ard. 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 e xisting facility



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

States are to : (i) m eet applicable requirements of 1 21 (consultation). Section 121 requires that states provide a satisfactory process of consultation with general purpose local

governm ents, designated organizations of elected officials of local governments, and any affected federal land manager i n carrying out CAA requirements; and (ii) Meet applicable requirements of 1 27 (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

.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

15 Puerto Rico

 PREQB, as part of a SIP revision process, consults with local and state agencies of concern and sign the necessary Memorandum of Understa nding. 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 testi mony 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

n otification 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 i n 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 perfor mance 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) p rovide for the submission, upon request, of data relat ed to such air quality modeling to EPA

Puerto Rico

Inherent in t he 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 Pu erto Rico ’s relevant SIP submissions and through federal grant

commitments.Puerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

16 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 i ts 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 o f 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 ai r 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 a ny 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 R ico

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 r equirements:

Part VI: Operations Permits Rules for Title V Sources

 Rule 610: Fee Determination and CertificationPuerto Rico Environmental Quality Board December 22, 2012

CAA Section 110(a)(2)

Infrastructure SIP: Revised Ozone and PM 2.5 Air Quality Standards

17 

### 13. Consultation with Local Entities (110(a)(2)(M))

Provide for consultation and participation by loc al 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

.