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: 

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; 

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).

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 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; 

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, tc \l1 "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-trichloro-ethane, 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 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  tc \l1 " 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

        	

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