1
March
28,
2002
Esteban
Mujica
Cotto,
Esq.
President
Puerto
Rico
Environmental
Quality
Board
P.
O.
Box
11488
San
Juan,
Puerto
Rico
00910­
1488
Dear
Mr.
Cotto:

The
U.
S.
Environmental
Protection
Agency
(
EPA)
has
completed
its
review
of
the
revisions
to
the
Puerto
Rico
Water
Quality
Standards
Regulation
(
PRWQSR)
under
Resolution
Number
90­
26­
1.
These
revisions,
except
for
the
required
certification
of
the
Commonwealth's
Secretary
of
Justice
(
Attorney
General),
were
sent
to
EPA
by
the
Puerto
Rico
Environmental
Quality
Board
(
PREQB)
on
September
21,
1990.
These
revisions
were
adopted
by
the
Commonwealth
and
became
effective
on
October
27,
1990.
In
taking
this
action,
EPA
considered
the
following
documents
submitted
in
connection
with
the
revised
PRWQSR:

1.
the
certification
from
the
Commonwealth's
Secretary
of
Justice
Ms.
Anabelle
Rodriguez
(
Attorney
General)
that
the
standards
were
duly
adopted
pursuant
to
Commonwealth
law,
such
certification
dated
January
8,
2002
and
submitted
to
EPA
on
February
25,
2002;

2.
the
applicable
notices
from
the
El
Nuevo
dia
and
the
San
Juan
Star
(
dated
February
24,
1990,
February
25,
1990,
March
9,
1990,
March
10,
1990,
and
September
15,
1990).

3.
Responsiveness
Summary
to
the
comments
received
during
public
hearings
on
May
2
and
3,
1990
and
July
12
and
13,
1990
(
dated
October
2,
1990).

Under
Section
303(
c)
of
the
Clean
Water
Act
(
CWA),
33
U.
S.
C.
§
1313(
c),
states
are
required
to
conduct
a
triennial
review
of
their
water
quality
standards
and
submit
any
new
or
revised
standards
to
EPA
for
review.
Federal
regulations
at
40
C.
F.
R.
§
§
131.21
and
131.22
implement
these
requirements.
Puerto
Rico's
previous
review
and
revision
of
its
water
quality
standards
regulations
were
completed
and
adopted
November
5,
1987.
As
part
of
the
1990
review
process,
PREQB
held
four
public
hearings
to
receive
public
input
and
comment
on
the
proposed
revisions
to
the
PRWQSR
on
May
2
and
3,
1990
and
July
12
and
13,
1990.
EPA
did
not
receive
the
Attorney
General's
certification
required
under
40
CFR
131.6(
e)
until
February
25,
2002.
EPA
considers
the
adoption
of
revisions
to
the
PRWQSR,
along
with
the
public
review
and
comment
process,
to
constitute
the
Commonwealth's
triennial
review
of
water
quality
2
standards.
Based
on
our
review,
PREQB's
procedures
are
consistent
with,
and
satisfy
the
procedural
requirements
of
40
C.
F.
R.
§
131.20.

The
following
constitute
the
revisions
which
are
being
addressed
under
this
action.
These
revisions
enhance
the
Puerto
Rico
water
quality
standards,
and
represent
improvements
in
the
PRWQSR.

°
revisions
to
the
Puerto
Rico
antidegradation
policy,
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.12;

°
the
adoption
of
several
new
and
revised
definitions
(
Article
1),
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.3;

°
the
inclusion
of
wetlands
in
the
definition
of
"
Waters
of
Puerto
Rico"
(
Article
1),
which
is
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
122.2;

°
revisions
to
further
clarify
the
geographic
applicability
of
the
water
body
classifications
in
Puerto
Rico
(
Classes
SA,
SB,
SC,
SD,
SE
and
SG)
(
Article
2.1
­
2.3),
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
a)
and,
40
C.
F.
R.
§
131.10(
a);

°
the
revision
of
the
narrative
criteria
for
"
solids
and
other
matter,"
and
"
color,
odor,
taste
and
turbidity"
(
Articles
3.1.1
and
3.1.2)
to
specify
the
protection
of
existing
and
designated
uses,
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
c)
and,
40
C.
F.
R.
§
131.11(
a);

°
the
revision
of
the
ambient
temperature
criterion
(
Article
3.1.4
(
A))
to
lower
the
highest
allowable
temperature
from
94o
F
to
90oF,
which
is
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
c)
and,
40
C.
F.
R.
§
131.11(
a);

°
the
adoption
of
narrative
criteria
for
"
biochemical
oxygen
demand"
and
"
oil
and
grease"
(
Articles
3.1.6
and
3.1.8),
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
c)
and,
40
C.
F.
R.
§
131.11(
a);

°
the
revision
of
the
narrative
criteria
for
"
substances
in
toxic
concentrations
and
synergistic
toxic
effects"
(
Article
3.1.9)
to
include
synergistic
effects,
which
is
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
c)
and,
40
C.
F.
R.
§
131.11(
a);

°
the
adoption
of
new
or
revised
chemical­
specific
numeric
criteria
for
the
following
toxic
pollutants
in
"
surface
waters:"
cadmium,
copper,
lead,
nickel,
aldrin,
dieldrin,
chlordane,
DDT
and
metabolites,
endosulfan,
endrin,
lindane,
toxaphene,
chloropyrifos,
2,4­
D,
parathion
and
dichlorobenzenes
(
Articles
3.1.9(
A),(
B)
and
(
C)),
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.11;
3
°
the
adoption
of
new
or
revised
chemical­
specific
numeric
criteria
for
the
following
toxic
pollutants
in
"
coastal/
estuarine
waters:"
aldrin,
dieldrin,
chlordane,
DDT
and
metabolites,
endosulfan,
endrin,
lindane,
toxaphene,
chloropyrifos
and
dichlorobenzenes
(
Articles
3.1.9(
A),(
B)
and
(
C)),
which
are
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.11;
and,

°
the
revision
of
the
color
criterion
for
Class
SD
waters
from
10
to
15
units
according
to
the
colorimetric
platinum­
cobalt
standard
(
Article
3.2.4.
B.
4),
which
is
approved
as
being
consistent
with
the
requirements
under
40
C.
F.
R.
§
131.6(
c)
and,
40
C.
F.
R.
§
131.11(
a).

By
this
letter,
I
am
pleased
to
approve
the
above
revisions
to
the
PRWQSR,
pursuant
to
Section
303(
c)
of
the
CWA.
I
am
also
approving
the
temporary
exemption
provisions
in
Article
9
of
PRWQSR.
This
latter
approval
is
based
in
part
on
the
March
15,
2002
letter
from
Ms.
Ivonne
Santiago,
Director
of
the
Water
Quality
Area,
to
Ms.
Kathleen
C.
Callahan,
Director
of
the
Division
of
Environmental
Planning
and
Protection.
In
this
letter
PREQB
stated
that
any
approval
by
the
Commonwealth
of
a
temporary
exemption
(
variance)
will
comply
with
the
following
terms
and
conditions:
(
1)
the
application
will
contain
a
justification
for
the
requested
variance
consistent
with
40
C.
F.
R.
§
131.10(
g)(
6),
that
the
costs
necessary
to
comply
with
the
relevant
water
quality
standard(
s)
would
result
in
substantial
economic
and
social
impacts;
(
2)
the
variance
shall
be
adopted
only
after
completion
of
a
public
participation
process,
in
conformity
with
Puerto
Rican
law
and/
or
regulation,
as
would
apply
to
any
revision
to
the
PRWQSR;
(
3)
the
variance
shall
be
submitted
for
EPA
review
and
approval
as
a
change
to
water
quality
standards
before
it
may
take
effect
(
40
CFR
131.21);
and
(
4)
if
approved,
the
variance
shall
be
published
in
the
PRWQSR.
Publication
of
a
temporary,
case­
by­
case
variance
in
the
PRWQSR
may
occur
during
the
following
update
or
printing
of
the
PRWQSR.
Also,
I
note
that
such
variances
will
be
implemented
only
in
the
context
of
a
NPDES
permit
action,
and
that
EPA
is
at
present
the
permitting
authority
for
NPDES
permit
issuance
in
Puerto
Rico.
In
issuing
NPDES
permits
in
Puerto
Rico,
EPA
intends
to
exercise
such
authority
only
upon
compliance
with
all
of
the
above
four
elements.
Finally,
it
is
my
understanding
that
PREQB
has
included
all
of
EPA's
requested
changes
to
Article
9
in
its
February
2002
proposed
revisions
to
the
PRWQSR.
Once
PREQB
has
officially
adopted
these
revisions
and
submits
them
to
EPA,
we
will
review
and
take
action
on
them.

EPA
is
not
taking
action
on
the
criteria
for
the
following
substances:
Asbestos
(
Article
3.1.7);
beryllium
(
Class
SD
waters),
manganese
(
Class
SD
waters),
and
nickel
(
Class
SB
and
SC
waters)
(
Article
3.1.9(
A));
pentachlorophenol
(
Article
3.1.9(
B);
benzene,
vinyl
chloride,
1,2­
dichloroethane,
1,1­
dichloroethylene,
tetrachloroethylene,
carbon
tetrachloride,
1,1,1­
trichloroethane
and
tricholoroethylene
(
Article
3.1.9(
C);
and,
total
ammonia
(
Article
3.2.4(
B)(
13),
since
these
criteria
were
stayed
by
PREQB
on
August
17,
1990.
Because
these
criteria
were
stayed,
they
do
not
constitute
"
revised
or
new"
standards
subject
to
review
under
section
303(
c)(
2)(
A)
of
the
Clean
Water
Act.

In
addition,
EPA
is
not
taking
action
pursuant
to
Section
303(
c)
of
the
CWA
on
Article
10
of
the
PRWQSR,
since
this
section
addresses
the
development
and
implementation
of
wasteload
allocations
(
WLAs),
which
is
an
implementation
provision
related
to
total
maximum
4
daily
loads
(
TMDL)
under
Section
303(
d)
of
the
CWA,
rather
than
an
element
of
Section
303(
c)
of
the
CWA
relating
to
water
quality
standards.
EPA's
TMDL
staff
will
work
with
PREQB
staff
to
identify
and
address
any
remaining
concerns
related
to
PREQB's
TMDL/
WLA
development
and
implementation
procedures
in
Article
10
of
the
PRWQSR.

EPA
Region
II
looks
forward
to
continuing
to
work
with
PREQB
to
further
improve
the
PRWQSR.
In
a
January
14,
2002
letter
from
Ms.
Callahan
to
Ms.
Santiago,
EPA
provided
PREQB
with
the
results
of
EPA's
review
of
the
2002
draft
revisions
to
the
PRWQSR.
Under
separate
cover,
EPA
will
identify
any
further
additions,
deletions
or
modifications
which
may
be
required
to
bring
the
PRWQSR
into
full
compliance
with
the
CWA
and
its
implementing
regulations.

If
you
have
any
questions,
please
call
me
at
(
212)
637­
5000
or
have
your
staff
contact
Ms.
Kathleen
C.
Callahan,
Director,
Division
of
Environmental
Planning
and
Protection
at
(
212)
637­
3725.

Sincerely,

Jane
M.
Kenny
Regional
Administrator
cc:
Ivonne
Santiago,
PREQB
Ruben
Gonzalez,
PREQB
bcc:
Jose
Font,
PREQB
Ariel
Iglesias,
PREQB
Carl­
Axel
Soderberg,
CEPD
William
Morrow,
OST
Marjorie
Pitts,
OST
M.
E.
Levine,
OGC
Kathleen
Callahan,
DEPP
Kevin
Bricke,
DEPP
Walter
Mugdan,
ORC
Warren
Llewellyn,
ORC
Richard
Weisberg,
ORC
Mario
Del
Vicario,
CEPB
Felix
Locicero,
CEPB
Wayne
Jackson,
CEPB
G:\...\
SWQB\
TES\
WQS\
PR\
prwqs90.
approve.
wpd
