PUERTO RICO ENVIRONMENTAL QUALITY BOARD

ANTI-DEGRADATION POLICY IMPLEMENTATION PROCEDURE

The Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended,
includes an adopted Anti-degradation Policy.  The goal of this Policy is
to conserve, maintain and protect the designated and existing uses of
the waters of Puerto Rico and the water quality necessary to protect
these uses.

It is the desire of the Commonwealth of Puerto Rico to develop and adopt
identified methods for implementing the above-referenced
Anti-degradation Policy to be consistent with the Code of Federal
Regulations (40 CFR Part 131.12).  Therefore, in order to promote the
aforementioned policy the Puerto Rico Environmental Quality Board (EQB)
has developed the following procedure.

General Policy Statement:

Point sources of pollutant are subject to an anti-degradation review.

An anti-degradation review shall be initiated as part of the Section
401-(Water Quality Certification Process( of the Clean Water Act (CWA).

The following are not subject to the anti-degradation review due to the
fact that they are non discharge systems and are managed under specific
regulations:

All Non-Point sources of pollutant

Underground Storage Tanks

Underground Injection Facilities

Confined Animals Feeding Operations?? (Why is this exempt)

The protection of water quality shall include the maintenance,
migration, protection, and propagation of desirable species, including,
threatened and endangered species identified in the state of federal
regulations.

Definitions

All the definitions included in Article 1 of the PRWQSR, as amended, are
applicable to this procedure.

High Quality Waters:

Are waters whose quality is better than that necessary to protect 
(fishable/swimmable( designated uses.  High Quality Waters are
identified by EQB on a parameter-by-parameter basis.

Outstanding Natural Resources Waters (ONRW):

Are waters classified as SA and SE by the PRWQSR, as amended or any
other water designated by Resolution of the Governing Board of EQB. 
ONRWs are waters that are ecologically important, unique or sensitive.

Anti-degradation Review Procedure

The anti-degradation review will commence with the submission of the CWA
Section 401 Water Quality Certification request.  The EQB uses a
parameter-by-parameter approach for the implementation of the
anti-degradation policy and will review each parameter separately as it
evaluates the certification request.  Certification of Compliance with
Article 4-C of the Environmental Public Policy Act (Law No. 9), as
amended, regarding the environmental document review process is required
prior to submission of the aforementioned request.  During the
evaluation process of the environmental document an alternatives
analysis shall be done and a public participation period is provided in
accordance with the Reglamento de la Junta de Calidad Ambiental para el
Proceso de Presentación, Evaluación y Trámite de Documentos
Ambientales.

In conducting an anti-degradation review, the Water Quality Area (WQA)
of EQB will sequentially apply the following steps:

Determine which level of anti-degradation applies

Tier 1 ( Protection of  Existing and Designated Uses

Tier 2 ( Protection of High Quality Waters

Tier 3 ( Protection of Outstanding Natural Resources Waters

Review existing water quality data and other information submitted by
the applicant.  The applicant shall provide to the WQA the following
information regarding the discharge:

A description of the nature of the pollutants to be discharged.

Treatment technologies applied to the pollutants to be discharged.

Nature of business.

Daily maximum and average flow to be discharged. 

Effluent characterization.

Effluent limitations requested to be applied to the discharge according
to         Section 6.11 of the PRWQSR.

Location of the point of discharge.

Receiving waterbody name.

Water quality data of the receiving waterbody.

Receiving waterbody minimum flow (7Q2 and 7Q10) for stream waters.

Location of Water intakes within the waterbody.

Any other necessary information required by the PRWQSR.		

For high quality waters (as defined in Section b.II), a demonstration
that a lowering in water quality is necessary to accommodate important
social or economic development in the area where the waters are located,
and an alternatives analysis.

Determine if additional information or assessment is necessary to make
the decision.

The WQA prepares an intent to issue or deny the water quality
certificate and publishes a notice in a newspaper of wide circulation in
Puerto Rico informing the WQA(s preliminary decision and granting a
public participation period of at least thirty (30) days.

Address the comments received from the interested parties, and consider
such comments as part of the decision making process.

The EQB makes the final determination to issue or deny the requested
certification.  Such decision is subject to the reconsideration
procedure established in Law 170 of August 12, 1988, Ley de
Procedimiento Administrativo Uniforme del Estado Libre Asociado de
Puerto Rico.

Implementation Procedures

Activities Regulated by NPDES Permits

Tier 1 ( Protection of Existing and Designated Uses (Figure 1):

Tier 1 waters are:

Those waters (except ONRW, which are Tier 3 waters) identified as
Category 5 in the 305(b)/303(d) Integrated Report (Puerto Rico Water
Quality Inventory and List of Impaired Waters) (provide a brief
explanation of what (Category 5" is); and

Those waters (except ONRW, which are Tier 3 waters) for which attainment
of applicable water quality standards has been or is expected to be,
achieved through implementation of effluent limitations more stringent
than technology-based controls (Best Practicable Technology, Best
Available Technology and Secondary Treatment).

To implement Tier 1 anti-degradation, EQB must determine if a discharge
would lower the water quality to the extend that it would no longer be
sufficient to protect and maintain the existing and designated uses of
that waterbody.

When a waterbody has been affected by a parameter of concern causing
that it to be included in Category 5 in the 305(b)/303(d) Integrated
Report (Puerto Rico Water Quality Inventory and List of Impaired
Waters), then the WQA will not allow a net increase (define this term)
of loading for the parameter of concern or pollutants affecting the
parameter of concern.  This no net increase will be achieved by meeting
the applicable water quality standards at the end of the pipe.  Until
such time that a Total Maximum Daily Load (TMDL) is developed for the
parameter of concern for the waterbody, no discharge will be allowed to
cause or contribute to further degradation of the waterbody.

When the assimilative capacity of a waterbody is not sufficient to
ensure maintenance of the water quality standard criterion for a
parameter of concern with an additional load to the waterbody, then the
WQA will not allow a net increase (again - define this term) of loading
for the parameter of concern or pollutants affecting the parameter of
concern.  This no net increase will be achieved by meeting the
applicable water quality standards at the end of the pipe.  Until such
time that a TMDL is developed for the parameter of concern for the
waterbody, no discharge will be allowed to cause or contribute to
further degradation of the waterbody.

Tier 2 ( Protection of High Quality Waters (Figure 2):

To verify that a waterbody is a high quality water for a parameter of
concern which initiates a Tier 2 anti-degradation review, the WQA must
evaluate:

the existing water quality of the waterbody;

the projected water quality of the waterbody following the procedures
established in the applicable Sections of the PRWQSR (Articles 5, 10 and
so on); and

if the existing and designated uses will be maintained and protected
with the lowering of water quality.

In multiple discharge situations, the effects of all discharges shall be
considered (provide a short explanation as to how the effects of
multiple discharge situations will be considered) .

In order to allow the lowering of water quality in a waterbody, the
applicant must  demonstration that a lowering in water quality is
necessary to accommodate important social or economic development in the
area where the waters are located. This demonstration must include an
alternatives analysis. show and justify the necessity for it the
applicable procedures established in the PRWQSR.  EQB will not allow the
taking possession of all a reduction in the available assimilative
capacity of a waterbody for a parameter of concern by a discharger if it
is not demonstrated, to full satisfaction of EQB, the necessity of the
that the requested effluent limitation for the parameter of concern  is
necessary to accommodate important social or economic development.

Tier 3 ( Protection of Outstanding Natural Resources Waters (Figure 3):

This section needs to include a description of the process used for
designating specific waters as ONRWs (i.e., Class SA or SE), such as the
processs by which the petitioning process where the public can nominate
a specific water to be classifed as an ONRW .	

Class SA and SE waters existing characteristics shall not be altered,
except by natural causes, in order to preserve the existing natural
phenomena.

Point Sources:  None discharge will be allowed in those waterbodies.

Activities Regulated by CWA Section 404 or Rivers and Harbors Act
Section 10 Permits (Discharge of dredged or fill material)

The EQB will allow the discharge of dredged or fill material into a
waterbody if it can be demonstrated that such discharge will not have an
unacceptable adverse impact either individually or in combination with
other activities affecting the waterbody of concern.  The impacts to
waterbodies due to the discharge of dredged or fill material should be
avoided, minimized and mitigated.

The discharge of dredged or fill material shall not be certified if
there is a practicable alternative to the proposed discharge which would
have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other more significant adverse environmental
consequences.  Activities which are not water dependent are presumed to
have practicable alternatives, unless the applicant clearly demonstrates
otherwise.  No discharge of dredged and fill material shall be certified
unless appropriated and practicable steps have been taken which minimize
potential adverse impacts of the discharge on the aquatic ecosystem.



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FIGURE 2

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