October 9, 2003

Wayne:

Enclose  is a modified version of the Antidegradation Policy including
some

of  your  comments.   As  we  told  you,  this document will be part of
the

PR-Water Quality Standards Regulation (WQSR).  So we understand that may
be

with  a  reference  to the applicable Sections of the WQSR we could
address

some  of  your  comments, especially those regarding to part IV-a-ii-2. 
In

addition  we  want  to clarify that our intention with that statement is
to

avoid  that one discharge could compromise all the assimilative capacity
of

the receiving water body if really it does not need it.  We could allow
the

use   of  additional  assimilative  capacity  as  long  as  the 
petitioner

demonstrate  to  this  Board the real necessity of such additional
capacity

and  demonstrate  compliance  with  the  applicable  provisions of the
WQSR

(mixing  zones,  waste  load  allocations,  and  so on).  Also, previous
to

submit  to EQB a water quality certificate application, the discharger
must

comply  with  Article  4-C of Law 9 of June 18, 1970, this is regarding
the

Environmental  Impact  Statement  (EIS) process.  During the EIS process
an

alternative analysis, including the no action, and a socioeconomic
analysis

are performed.								

Regarding  your  comment to part IV-a-ii-1-b that EQB has to define what
it

considers  a  significant lowering of water quality, our threshold point
is

compliance  with  the  applicable  water quality standards at the
receiving

water body.  In the case of discharges with effluent limitations based
on a

mixing  zone  or  waste load allocation, EQB will allow some
non-compliance

with  the  water  quality  standards in the receiving water body but at
the

edge  of  the  mixing  zone or the immediate vicinity of the discharge,
the

water  body  has  to  meet  compliance  with  the  applicable water
quality

standards as established on Articles 5 and 10 of the WQSR.

If  you have any question or comment do not hesitate to contact me at
phone

number (787) 767-8181 extension 2500 or (787) 767-8731.

Annette Feliberty Ruiz

(See    attached    file:   EQB   Antidegradation   Policy  
Implementation

Procedure-3.doc)

