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 Puerto Rico Air Quality Construction Permits (15-PR-a(1))

Information current as of 2023
In Puerto Rico, bulk transmission developers may need to obtain either a General Permit for Electrical Generators (General Permit) from the Puerto Rico Department of Economic Development and Commerce (DDEC)’s Puerto Rico Permits Management Office (OGPe) or construction and operation permits from the Puerto Rico Department of Natural and Environmental Resources (DNER) for construction activities that may produce air emissions, including fugitive dust emissions. OGPe issues permits pursuant to Puerto Rico – P.R. Laws tit. 23 §§ 9011–9028i, Puerto Rico Permit Process Reform Act. The DNER regulates air quality pursuant to the Clean Air Act, as well as Puerto Rico – P.R. Laws tit. 12 §§ 8001–8007f, Environmental Public Policy Act and Puerto Rico – Regulation No. 5300, Regulation for the Control of Atmospheric Pollution.



Puerto Rico Air Quality Construction Permits Process


15-PR-a.1 – Is the Project a Solution to a Situation Created by a Declared State of Emergency?

A developer may be allowed to forgo standard approval and permitting processes for transmission projects and instead comply with chapter 2.5 of the P.R. Reg. No. 9233, Joint Regulation 2020 (Joint Regulation 2020) if the project is a solution to a situation created by a declared state of emergency. Projects that may use these alternative procedures include:  

  • Emergency situations or events involving works, projects, or programs that do not require the issuance of any permit, recommendation, consultation or certification, will be governed by the provisions of the Executive Order issued by the Governor of Puerto Rico declaring a state of emergency. 
  • Any public work that is for the repair of a work directly affected by the emergency, will be exempt from obtaining a building permit, provided that the damage does not exceed fifty percent of the replacement value.  If the work is to be considered for federal funding, it must comply with the requirements of federal agencies such as FEMA. 
  • Any work intended to restore infrastructure affected by an emergency or natural disaster will be exempt from environmental compliance. 
  • Any work or activity carried out to restore or rehabilitate infrastructure directly affected by an emergency or natural disaster will be exempt from the processes of construction permits, general permits or any other permit required at the State level by decree of the Governor and the President of the United States and must therefore comply with the requirements of the Federal agencies involved in the emergency situation. Joint Regulation 2020 § 2.5.1.4 .

15-PR-a.2 to 15-PR-a.3 –Waiver Application

The developer must submit a Waiver Application (Application) to the Puerto Rico Permits Management Office (OGPe) during a Legal Pre-Consultation. The Application must include the following:  

  • The location of the project in accordance with Rule 2.1.6 of Joint Regulation 2020 (State Plane Coordinates System); 
  • An explanatory report detailing that the project complies with the provisions of the Order issued by the Governor of Puerto Rico or the President of the United States of America that declares a state of emergency; 
  • An explanation of how the project solves or lessens the declared state of emergency; 
  • A certification, if applicable, that the project qualifies as a Categorical Exclusion (CATEX). If the project does not qualify as a CATEX, the applicable environmental document must be submitted;  
    • Note: Any work meant to reestablish the infrastructure affected by an emergency or natural disaster is exempt from environmental compliance; and  
  • A list of permits, certifications, authorizations, licenses, or consultations for which the emergency waiver is requested. Joint Regulation 2020 §§ 2.5.2.1-2. 

If the developer is also required to provide evidence of environmental compliance along with the Application, it must include the following:  

  • Evidence of compliance with the Environmental Public Policy Act;  
  • The location of the project in accordance with Rule 2.1.6 of Joint Regulation 2020 (State Plane Coordinates System); 
  • Blueprints that show: 
    • Property boundary lines and physical elements, including borders, setbacks, access, internal service and maintenance roads and highways, substations, transmission lines, distribution lines and other accessory structures, among others; and 
    • Proposed changes to the land where the project is to be located, levels, vegetation to be removed, proposed plantations, and exterior lighting; 
  • An Explanatory Memorandum that discusses: 
    • The nature of the project, the context in which it is proposed, applicable laws, regulations, public policy, land use or management plans, susceptibility to flooding of the property, proposed infrastructure and any other aspect deemed necessary; 
    • The benefit that the community will obtain if the proposed project is approved, and how the project solves or alleviates the declared state of emergency or responds to public interest; 
    • Any variation or exception requested must be justified in accordance with the applicable regulatory provisions; 
    • Description of the property in which the action is planned, the surface area occupied by the activity, by the constructions, and facilities and its fundamental characteristics; and 
    • Identification of all state or local roads that will be used during the construction, operation, and maintenance of the facilities. 
  • If the project is on publicly owned land, the proponent will submit evidence that it is the owner of the property or that is appropriately authorized to develop it. 
  • If the project is on privately owned land, the proponent will submit reliable evidence that it has notified the owner of the property, such as a letter sent by e-mail, regular mail, direct notification or public notice in a newspaper of general circulation that includes the cadastral number, physical address, and name of the owner if available. Joint Regulation 2020 §§ 2.5.3.3. 

Alternatively, the developer may submit the applicable form on the OGPe web portal to provide evidence that they already circulated the required environmental documents to the relevant agencies. Joint Regulation 2020 §§ 2.5.3.4. 

15-PR-a.4 – Issue Recommendation to Interagency Fast Track Environmental Compliance Sub-Committee (If Applicable)

If the developer was required to submit an environmental document as part of the Waiver Application, the OGPe’s Division of Evaluation of Environmental Compliance (DECA) will have ten workdays from when the document is filed to provide a recommendation to the Interagency Fast Track Environmental Compliance Sub-Committee (Sub-Committee), which is formed by the Executive Order declaring the emergency. This timeline may be extended up to 45 days by the Sub-Committee to harmonize the timeline with the realistic completion of the required studies or the actual planned start date of the project construction. DECA, the Sub-Committee, or the Permit Unit may request additional information related to the evaluation of the environmental documents. Joint Regulation 2020 §§ 2.5.2.2.  

15-PR-a.5 – Provide Notice of the Project

The developer must publish notice of the project in two (2) general circulation newspapers and also provide a sign giving notice at the location of the project.  

15-PR-a.6 to 15-PR-a.9 – Publish Notice of Public Hearing (If Applicable)

The Permit Unit must publish notice of a public hearing if it determines that a public hearing on the Application is relevant or necessary to perform its duties. Joint Regulation 2020 §§ 2.5.3.3, 2.5.3.5. Anyone who has a legitimate interest in the Application may provide comments at the hearing held by the OGPe Examining Officer. Any party may also submit written comments within three (3) days of the end of the hearing. Once the hearing concludes and all comments have been received, the OGPe Examining Officer must submit their report to the OGPe Adjudicatory Board within two (2) days. Joint Regulation 2020 §§ 2.5.3.3, 2.5.3.5.  

15-PR-a.10 to 15-PR-a.12 – Review Application for Approval

The Permit Unit must issue a decision within five (5) workdays on whether the project qualifies for the waiver under the Joint Regulation. Joint Regulation 2020 § 2.5.2.1. If OGPe does not provide a response to the Application within five (5) workdays, it is understood that there is no recommendation regarding the project. Qualifying projects are exempt from may fees required for the granting of permits, recommendations, consultations, or certifications. Joint Regulation 2020 §§ 2.5.2.1–2.  

15-PR-a.13 to 15-PR-a.14 – Appeal (Optional)

Any party adversely affected by the final determination of the OGPe Adjudicatory Board may appeal the decision. Joint Regulation 2020 § 2.5.3.6. If the developer does not receive a waiver, they must continue to the standard permit process.

15-PR-a.15 – Consult with OGPe (Optional)

The developer should engage in pre-consultation with OGPE as early as possible in the process. OGPe will discuss the relevant laws and regulations that will govern the project, in addition to the authorizations and permits required for the projects. P.R. Laws tit. 23 § 9018a

15-PR-a.16 – Is the Project Eligible for a General Permit?

The project may be eligible for a General Permit for Electrical Generators if the electrical generator is not a major or minor source subject to regulation under Title V of the Clean Air Act or Puerto Rico’s Title V implementing regulations in part VI of Regulation No. 5300 and the construction and use of the electrical generator is regulated by U.S. Federal regulations 40 C.F.R. §§ 63.6580–63.6675, National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines and 40 C.F.R. §§ 60.4230–60.4248, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines, pertaining to stationary internal combustion engines (e.g. electrical generators typically used on construction sites).

Eligible projects include those with a generator capacity greater than 10 horsepower and an operational period of not more than 500 hours a year that is not a major or minor source and not located in an area subject to the New Source Performance Standards, National Emissions Standards for Hazardous Air Pollutants, and Part VI of Regulation 5300 in Puerto Rico law. Regulation No. 7308 § 2(b).

“Major Sources” are defined by the Clean Air Act as those with the potential to emit 100 tons a year of any criteria air pollutant from named types of stationary sources or any stationary source with the capacity to emit 10 tons per year of any single hazardous air pollutant or 25 tons per year of any combination of hazardous air emissions.

If the project is not eligible for a General Permit, the developer must apply for construction and operation permits from DNER (See step 15-PR-a.23).

15-PR-a.17 – General Permit for Electrical Generators Application

The developer must submit an Application for a General Permit for Electrical Generators (Application) to OGPe through the OGPe’s Single Business Portal. A complete Application must include the developer’s contact information, the proposed project and project location, and statements that the project is not located within an area subject to the 1) New Source Performance Standards (NSPS), 2) National Emissions Standards for Hazardous Air Pollutants (NESHAP) or 3) Part VI of Regulation 5300 (governing Title V permits for major and minor sources) Regulation No. 7308 § 3(A)(2).

15-PR-a.18 to 15-PR-a.19 – Review Application Materials for Completeness

OGPe and DNER review the Application materials for technical and administrative completeness. No. Regulation 7308 § 15(a). Incomplete applications will be rejected. Regulation No. 7308 § 15(a).

15-PR-a.20 to 15-PR-a.21 – Review Application for Approval

OGPe and DNER review the completed Application for approval. The Application may not be granted if the project will lead to the degradation of air quality in the region in violation of air quality standards, or if the project area is located within a nonattainment area for criteria air pollutants. Regulation No. 7308 § 3(A)(2).

15-PR-a.22 – General Permit for Generators of Electricity

OGPe issues a General Permit for Generators of Electricity if the Application is approved. Regulation No. 7308 § 16. The General Permit covers the installation and operation of the qualifying generator and the emission of criteria pollutants and hazardous air pollutants that the engine will emit during operation. In addition, the General Permit also covers the emissions from the construction (dust fugitive emissions). Regulation No. 7308 § 16.

15-PR-a.23 – Initiate Environmental Review (If Applicable)

If the project is ineligible for a General Permit, the developer must initiate an environmental review process of the project as the first step in the process to obtaining operation and construction permits under Regulation No. 5300.

15-PR-a.24 – Application for a Permit to Construct

The developer must submit an Application for a Permit to Construct (Application) under section 203 of Regulation No. 5300 to the DNER if the project will use non-qualifying electric generators or other sources of emissions. An Application must include the following:

  • Detailed plans and specifications of the emissions and of any air pollution control equipment or measures proposed to be installed and constructed to achieve compliance with applicable rules and regulations;
  • A location map of the source indicating neighboring fields and prominent points and structures;
  • A layout plan of the source indicating all air pollutant discharge, ventilation, exhaust, and release points;
  • Detailed plans and specifications of the source including location, eight of the emission points, fuel used, process details, concentration and duration of emissions;
  • Information about air sampling or monitoring equipment to be used, intended to be used, or owned by the applicant including trademarks and operational schedules;
  • An air quality impact analysis; and
  • A list of all approvals, endorsements, or denials issued by Federal and State agencies (including the environmental document generated by the environmental review);

The application must include the payment of a permit fee and a certification by the developer attesting that he or she has paid the permit fee.

Regulation No. 5300 R. 203(C).

15-PR-a.25 to 15-PR-a.26 – Review Application Materials for Completeness

The DNER reviews the application materials for technical and administrative completeness within 30 days of receipt from the developer. Regulation No. 5300 R. 203(D). Incomplete applications may lead to delay or rejection by the DNER.

15-PR-a.27 to 15-PR-a.28 – Review Application for Approval

The DNER reviews completed Applications for approval within 90 days unless otherwise required due to legal action or other unforeseen delays. Regulation No. 5300 R. 203(D). In making its determination, DNER must consider whether the developer has sufficiently demonstrated the following:

  • The source will be able to comply with all applicable rules and regulations;
  • In the case of a major stationary source or significant source, the developer holds a valid location approval;
  • The developer has surrendered any permits to construct or operate a source affecting the offset or proposed a revision to achieve the required emission offset;
  • Air pollutant emissions from the source will be limited in accordance with applicable rules and regulations; and
  • That no adverse air quality impact would occur from the construction and operation of said source.

Regulation No. 5300 R. 203(B).

15-PR-a.29 – Permit to Construct

The DNER grants the developer a Permit to Construct if DNER determines that the developer has sufficiently demonstrated the above criteria. Regulation No. 5300 R. 203(B). DNER may impose any reasonable conditions on the issuance of the permit, and if the developer has agreed to any agreement or certification intended to restrict the maximum capacity of the source, the maximum annual hours of operations, the emission rate, or a percentage of sulfur content in fuels to be used in the source below that allowed by law, the agreement is to be included in the issuance of the permit as an enforceable condition. Regulation No. 5300 R. 203(E), 203(B)(5).

15-PR-a.30 – Application for a Permit to Operate

The developer must submit an Application for a Permit to Operate (Application) to the DNER 60 days prior to the start of operations. Regulation No. 5300 R. 204(C). The Permit to Operate authorizes the developer to operate the source once it is constructed. DNER may approve a temporary Permit to Operate if the source is of a temporary nature such as an emergency power generator in cases where the emissions would occur for less than two years. Regulation No. 5300 R. 204(C)(1)(d). The Application must include a copy of the valid Permit to Construct; and include a request for a temporary permit to operate and a justification of the request, if applicable. Regulation No. 5300 R. 204(D).


15-PR-a.31 to 15-PR-a.32 – Review Application Materials for Completeness

The DNER reviews the Application for technical and administrative completeness. Regulation No. 5300 R. 204(F). The DNER notifies the developer in writing if the application is incomplete.


15-PR-a.33 to 15-PR-a.34 – Review Application for Approval

The DNER will review the completed Application for approval within 90 days. In making its determination, DNER must find that the developer has sufficiently demonstrated:

  • The source is in compliance with all applicable rules and regulations and that it will abide by the terms and conditions imposed under the permit to construct;
  • The results of any performance tests conducted show that actual emissions comply with the applicable emission limitations;
  • A justification for the grant of a temporary permit to operate, if one has been requested.

Regulation No. 5300 R. 204(B).


15-PR-a.35 – Permit to Operate

The DNER grants a Permit to Operate if the developer has sufficiently demonstrated the above criteria. Regulation No. 5300 R. 204(B). If the DNER grants a temporary permit to operate, it may add conditions to the issuance of the permit and for the termination date of the permit, which in the case of temporary sources such as emergency generators can last as long as two full years from the issuance date. Regulation No. 5300 R. 204(C)(2).


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