July 9, 2004

Hon. Esteban Mujica-Cotto

President, Environmental Quality Board

Commonwealth of Puerto Rico

P.O. Box 11488

San Juan, Puerto Rico  00910-1488

Dear Mr. Mujica:

I am pleased to inform you that the June, 2004 Anti-degradation Policy
Implementation Procedure document provided to us by the Puerto Rico
Environmental Quality Board (EQB) meets the requirements of  the Clean
Water Act and its implementing regulations at 40 C.F.R. (131.12.  

The EQB previously clarified, in its December 16, 2003 letter, that the
methods reflected in the earlier, September 2003 draft of this document
constitute Puerto Rico(s currently-used practices and procedures for
implementing Puerto Rico(s antidegradation policy.  Since then, our
staffs have worked together to provide additional clarification in the
current version of the document.  

Our review of the June 2004 document confirms that it (identifies
methods( for implementing Puerto Rico(s policy, as required by 40 C.F.R.
( 131.12(a).  In addition, the document properly identifies
implementation procedures for the three (tiers( of antidegradation that
are consistent with the requirements for each tier as specified in 40
C.F.R. ( 131.12(a)(1), (2) and (3).  We did detect one typographical
error in the June 2004 document, and we suggest that EQB correct this
error before finalizing the policy.  Specifically, the citation in the
last line of the document that reads (IV.a.ii( should be revised to read
(IV.a.iii(.  

EPA recognizes that the Board intends to adopt the Anti-degradation
Policy Implementation Procedure into the Puerto Rico Water Quality
Standards Regulation.  While the Commonwealth certainly has the
discretion to do this, EPA interprets its regulatory requirement to
(identify methods( for implementing its policy as not requiring States,
Tribes and Territories to adopt such methods in regulatory form.  



Region 2 commends the Commonwealth of Puerto Rico on its efforts to
consolidate its practices for implementing its antidegradation policy in
its (Anti-degradation Policy Implementation Procedure( and we look
forward to working with you in the future to further protect the quality
of waters in Puerto Rico.

Sincerely, 

Walter Mugdan, Director

Division of Environmental Planning & Protection

cc:	Ruben Gonzalez, EQB

