June 26, 2003 

Esteban Mujica Cotto, Esq.

President

Puerto Rico Environmental Quality Board

P.O. Box 11488

San Juan, Puerto Rico  00910-1488

Dear Mr. Mujica:  

The U.S. Environmental Protection Agency (EPA) has completed its review
of the revisions to the Puerto Rico Water Quality Standards Regulation
(PRWQSR) dated March 2003. These revisions were adopted by the Puerto
Rico Environmental Quality Board (PREQB), and submitted to EPA, on March
28, 2003.  They became effective on June 5, 2003.  By letter dated May
28, 2003, and received by EPA on June 11, 2003, Puerto Rico(s Secretary
of Justice certified that the 2003 revisions had been adopted in
accordance with the law of the Ccommonwealth. In taking this action, EPA
considered the following documents submitted in connection with the
revised PRWQSR: 

the letter from the Commonwealth(s Secretary of Justice, Ms. Anabelle
Rodriguez (Attorney General), certifying that the standards were duly
adopted pursuant to Commonwealth law (dated May 28, 2003); 

the applicable notices from the El Vocero, and the San Juan Star (both
dated February 6, 2002);  

PREQB(s Resolution and Notification R-03-5 regarding the amendments to
the PRWQSR (dated March 31, 2003); and, 

   

The Responsiveness Summary (Hearing Examiner(s report) on the comments
received during the public comment period and at the public hearing held
on March 6, 2002  (dated March 25, 2003).

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. (( 131.20-131.22 implement these
requirements.  Puerto Rico(s previous review and revision of its water
quality 



standards regulations were adopted on July 20, 1990, and became
effective on October 27, 1990.  As part of the review process on the
2003 revisions, PREQB held a public hearing on March 6, 2002 to receive
public input and comment on the proposed revisions to the PRWQSR.  EPA
considers the adoption of the 2003 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 PRWQSR, and represent
improvements in the PRWQSR.

revisions to the Puerto Rico antidegradation policy, to include the
protection of threatened and endangered species, 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),
including the definitions of (acute effect, existing uses, natural
background concentration, pollutant, primary contact, and sewage,( as
well as the deletion of (pollute,( which are approved as being
consistent with the requirements under 40 C.F.R.     ( 131.3;	

the reclassification of 10 bays/estuaries, which were previously
classified as  Class SC waters to Class SB (Article 2.1.3), which are
approved as being consistent with the requirements under 40 C.F.R. (
131.10(a) - (e);  

the inclusion of the term (wetlands( in the introductory paragraph
regarding      the applicability of the Commonwealth(s general water
quality standards to the waters of Puerto Rico (Article 3), which is
approved as being consistent with the requirements under 40 C.F.R. (
122.2; 

the adoption of numerous chemical-specific numeric criteria for toxic
pollutants of concern in the Commonwealth (Article 3.1.9 (A) - (E)), as
required by Section 303(c)(2)(B) of the CWA, which are approved as being
consistent with the requirements under 40 C.F.R. (131.11. 				

the inclusion of the protection of threatened or endangered species as a
designated use for Class SB, SC and SD waters (Articles 3.2.2 -  3.2.4),
which is approved as being consistent with the requirements under 40
C.F.R. ( 131.10(a);    

the revision of the fecal coliform criteria for Class SD waters
(freshwaters) from 2000/100ml (geometric mean) to 200/100ml, and
4000/100ml (not to exceed) to  400/100ml, 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);



revisions which further clarify the Commonwealth(s policy on the
requirements for point sources to discharge to intermittent streams
(Article 4.3.L and 4.5.1.B), which are approved as being consistent with
the requirements under 40 C.F.R. ( 131.13; 

a revision to the mixing zone policy stating that mixing zones shall not
be located  areas which are habitat for threatened or endangered species
(Articles 5.4.11), which is approved as being consistent with the
requirements under 40 C.F.R. ( 131.13;    

revisions to the provisions for the granting of  temporary exemptions
(variances) to specify that any approval by the Commonwealth of a
temporary exemption will comply with the following terms and conditions:
(1) the application must 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 C.F.R. 131.21); and (4) if approved, the
variance shall be published in the PRWQSR. (Article 9).   These
revisions are approved as being consistent with the requirements under
40 C.F.R. ( 131.13; and, 

inclusion of applicable technical, administrative, and/or editorial
corrections or clarifications to existing provisions throughout the
PRWQSR, which are approved as being consistent with the requirements
under 40 C.F.R. ( 131.3.

By this letter, I am pleased to approve the above revisions to the
PRWQSR pursuant to Section 303(c) of the CWA.  Based upon EPA's review,
it has been determined that all of the new and revised human health and
aquatic life criteria adopted by PREQB in Article 3.1.9 (a) - (e) meet
the requirements of the National Toxics Rule (NTR).  Therefore, these
water quality criteria are approved as consistent with 40 C.F.R. (
131.11.  EPA will begin the process of withdrawing Puerto Rico from the
NTR for all such water quality criteria.

EPA initiated consultation with the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service (Services) on July 17, 2002, under
Section 7(a)(2) of the Endangered Species Act.  Section 7(a)(2) requires
that federal agencies, in consultation with the Services, insure that
their actions are not likely to jeopardize the existence of federally
listed species or result in the adverse modification of designated
critical habitat of such species.  In a letters dated  May 27, 2003 and
December 5, 2002, respectively, the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service provided written concurrence that
the revisions to the PRWQSR are not likely to adversely affect
threatened/endangered species (Enclosures 1 and 2).  



EPA Region II looks forward to continuing to work with PREQB to further
improve the  PRWQSR.  If you have any questions, please call me at (212)
637-3725 or have your staff contact Mr. Mario Del Vicario, Chief,
Community and Ecosystem Protection Branch at (212) 637-3779.

Sincerely,

Walter Mugdan, Director

Division of Environmental Planning 

  and Protection

Enclosures

cc:      	Ruben Gonzalez, PREQB			

bcc:    Carl-Axel Soderberg, CEPD						

        	Jim Keating, OST  							

        	Cara Lalley, OST

        	M.E. Levine, OGC

Kevin Bricke, DEPP

        	Warren Llewellyn, ORC

        	Richard Weisberg, ORC	

        	Mario Del Vicario, CEPB

        	Felix Locicero, CEPB

        	Wayne Jackson, CEPB

        	

G:\...\SWQB\TES\WQS\PR\prwq.approv03.wpd

 PAGE  1 

