COMMONWEALTH OF PUERTO RICO

OFFICE OF THE GOVERNOR

COUNCIL ON ENVIRONMENTAL QUALITY

LAW LIBRARY, LSO					DEPARTMENT OF STATE

FILING OF REGULATIONS				Regulations No:  6510

RECEIVED: David Negrón					Date filed:  August 22, 2002

DELIVERED: José A. Gutiérrez				Approved:  Ferdinand Mercado

DATE:  September 26, 2002				                              Secretary of
State

TIME:   11:20 A.M.						By:             [signed]

       	Giselle Romero García

        	Assistant Secretary for Services

COUNCIL ON ENVIRONMENTAL QUALITY REGULATIONS

FOR THE FILING, EVALUATION AND PROCESSING OF

ENVIRONMENTAL DOCUMENTS

COMMONWEALTH OF PUERTO RICO

DEPARTMENT OF STATE

SAN JUAN, PUERTO RICO

August 26, 2002

Mr. Esteban Mujica Cotto

Chairman

COUNCIL ON ENVIRONMENTAL QUALITY

P.O. Box 11488

Santurce, Puerto Rico 00910

Dear Mr. Mujica Cotto:

We are pleased to inform you that Amendment No. 6026 to the Regulations
for the Filing, Evaluation and Processing of Environmental Documents was
filed with this Department on August 22, 2002 at 9:10 A.M. in accordance
with the provisions of Law No. 170 of August 12, 1988, as amended. 

Please be advised that the file number for the amended regulations is
6510.

Sincerely yours,

[signed]

Giselle Romero García

Assistant Secretary for Services

GRG/et

Encl: 

COMMONWEALTH OF PUERTO RICO

OFFICE OF THE GOVERNOR

COUNCIL ON ENVIRONMENTAL QUALITY

REGULATIONS FOR THE FILING, EVALUATION AND PROCESSING

OF ENVIRONMENTAL DOCUMENTS

AMENDMENTS

RULE 202		SECTION B

RULE 203		DEFINITIONS

RULE 212		SCOPE

RULE 217		CONTENT REQUIREMENTS FOR ENVIRONMENTAL

DOCUMENTS

RULE 218		DATA FROM RECOGNIZED EXPERT SOURCES

RULE 219		SECTION B

RULE 221		SECTION C

RULE 224		EMERGENCY WAIVERS

RULE 227		EFFECTIVE DATE OF THE REGULATIONS

RULE 232		SECTION G, SECTION H

RULE 234		ADD SECTIONS C AND D

RULE 237		EFFECTIVE DATE OF CATEGORICAL EXCLUSIONS

Page 2

RULE 241		SCOPE

RULE 251		SECTION E

RULE 255		SECTION F

JUNE 2002

COMMONWEALTH OF PUERTO RICO

OFFICE OF THE GOVERNOR

COUNCIL ON ENVIRONMENTAL QUALITY

These

AMENDMENTS TO THE

COUNCIL ON ENVIRONMENTAL QUALITY REGULATIONS FOR THE

FILING, EVALUATION AND PROCESSING OF ENVIRONMENTAL DOCUMENTS

are hereby adopted pursuant to and in accordance with the provisions of
the Environmental Policy Act (Law No. 9 of June 18, 1970, as amended)
and the Uniform Administrative Procedure Act (Law No. 170 of August 5,
1988, as amended).

Promulgated under Resolution R-02-14-4 for the amendment of regulations
for the filing, evaluation and processing of environmental documents
pursuant to the provisions of Article 4(C) of the Environmental Policy
Act (Law No. 9 of June 18, 1970, as amended).

[signed]						[signed]

Hon. Ivonne Santiago					Hon. Flor L. Del Valle López

Alternate Member					Vice Chairman

[signed]

Hon. Esteban Mujica Cotto

Chairman

SUPPLEMENTAL FACT SHEET



Title of Regulations:

Date approved:

Approving official or officials:

Date of publication of the public notice:

Effective date:

Date filed:

Regulation Number:

Approving agency:

Statutory authority for approving the Regulations:

Reference to any regulations amended or repealed by the adoption of
these Regulations:

Regulations for the Filing, Evaluation and Processing of Environmental
Documents

June 10, 2002

Plenary session of the Governing Board consisting of:

Mr. Esteban Mujica Cotto, Chairman

Ms. Flor L. Del Valle López, Vice Chairman

Dr. Ivonne Santiago, Alternate Member

November 17, 2001

30 days from the date filed with the Department of State

[stamped] DEPARTMENT OF STATE

AUGUST 22, 2002

6510

Council on Environmental Quality

Law No. 9 of June 18, 1970, as amended, also known as the Puerto Rican
Environmental Policy Act

Council on Environmental Quality Regulations for the Filing, Evaluation
and Processing of Environmental Documents

Number 6026

CERTIFICATION

I HEREBY CERTIFY that the regulatory procedure followed in this case was
in keeping with the provisions of Law No. 170 of August 12, 1988, as
amended, and that the Regulations referred to in this Supplemental Fact
Sheet were duly reviewed and contain no material typographical or
clerical errors.

[signed]

Eloy E. Fernández

Secretary of the Governing Board

Council on Environmental Quality

TABLE OF CONTENTS

 TOC \f Chapter 1:  Title, legal framework, purpose of the process and
definitions	1

Rule 200	TITLE	1

Rule 201	LEGAL FRAMEWORK	1

Rule 202	PURPOSE OF ENVIRONMENTAL DOCUMENTS	1

Rule 203	DEFINITIONS	3

Rules 204 to 210	Reserved	9

Chapter 2:  General provisions	10

Rule 	211 COMPLIANCE WITH THE ENVIRONMENTAL POLICY ACT	10

Rule 212	SCOPE	11

Rule 213	GENERAL BAN	11

Rule 214	MITIGATION MEASURES	11

Rule 215	DESIGNATION OF RESPONSIBLE OFFICIALS	12

Rule 216	FORMATTING REQUIREMENTS	12

Rule 217	CONTENT REQUIREMENTS	14

Rule 218	DATA FROM RECOGNIZED EXPERT SOURCES	14

Rule 219	ASSERTIVE ACTION PROVISIONS	14

Rule 220	COUNCIL ON ENVIRONMENTAL QUALITY AS LEAD AGENCY	16

Rule 221	RULES OF INTERPRETATION	16

Rule 222	INFORMATION AVAILABLE TO THE PUBLIC	17

Rule 223	PENALTIES	17

Rule 224	EMERGENCY WAIVERS	17

Rule 225	EFFECTIVE DATE OF ENVIRONMENTAL DOCUMENTS	18

Rule 226	SEPARABILITY CLAUSE	18

Rule 227	EFFECTIVE DATE OF THE REGULATIONS	19

Rules 228 to 230	Reserved	19

Chapter 3.  Categorical exclusions	20

Rule	231 GENERAL PROVISIONS	20

Rule 232	REQUESTS FOR CATEGORICAL EXCLUSIONS	20

Rule 233	EFFECTS OF THE APPROVAL OR REJECTION OF REQUESTS FOR
CATEGORICAL EXCLUSIONS	23

Rule 234	IMPLEMENTATION OF ACTIONS GRANTED CATEGORICAL EXCLUSIONS				23

Rule 235	EXTENSION TO ALL GOVERNMENT AGENCIES	24

Rule 236	DIRECT APPROVAL REQUIREMENT	24

Rule 237	EFFECTIVE DATE OF CATEGORICAL EXCLUSIONS	24

Rules 238 to 240	Reserved	25

Chapter 4.  Environmental assessments (EA)	26

Rule 241	SCOPE	26

Rule 242	CONTENT REQUIREMENTS	26

Rule 243	PROCEDURAL REQUIREMENTS	30

Rules 244 to 250	Reserved	31

Chapter 5.  Environmental impact statements (EIS)	32

Rule 251	RESPONSIBILITY FOR THE PREPARATION OF AN EIS	32

Rule 252	ACTIONS REQUIRING AN EIS	33

Rule 253	CONTENT REQUIREMENTS	34

Rule 254	PROCEDURAL REQUIREMENTS	42

Rule 255	SPECIAL PROVISIONS	47

Rules 256 to 259	Reserved	49

Chapter 6.  Notices and notifications	50

Rule 260	CONTENT OF PUBLIC NOTICES	50

Rule 261	OBLIGATION TO PROVIDE COPIES	51

Rule 262	RESPONSIBILITY FOR THE PUBLICATION OF NOTICES	51

Rule 263	AGENCY IDENTIFICATION	51

Rules 264 to 269	Reserved	51

Chapter 7.  Public hearings	52

Rule 270	CONDUCT OF PUBLIC HEARINGS	52

Rule 271	CONSIDERATIONS	52

Rule 272	NOTIFICATION	53

Rule 273	PROCEDURE FOR THE CONDUCT OF PUBLIC HEARINGS	53

Rule 274	POST-HEARING PROCEDURE	54

Appendix - Certification	1

 



COUNCIL ON ENVIRONMENTAL QUALITY REGULATIONS FOR THE FILING, EVALUATION
AND PROCESSING OF ENVIRONMENTAL DOCUMENTS

 ADVANCE \d6 

Chapter 1:  Title, legal framework, purpose of the process and
definitions

 tc \l5 "Chapter 1:  Title, legal framework, purpose of the process and
definitions  ADVANCE \d6 Rule 200	TITLE

 tc \l5 "Rule 200	TITLE 

The following rules shall be referred to as the Council on Environmental
Quality Regulations for the Filing, Evaluation and Processing of
Environmental Documents. These Regulations are numbered according to the
codification system for Council on Environmental Quality regulations, to
be known as the Code of Environmental Regulations.

 ADVANCE \d6 

Rule 201	LEGAL FRAMEWORK

 tc \l5 "Rule 201	LEGAL FRAMEWORK 

These Regulations have been promulgated by the Puerto Rican Council on
Environmental Quality exercising its powers under Article 4-C of the
Environmental Policy Act, also known as Law Number 9 of June 18, 1970
(12 LPRA, Section 1121, et seq.), and the Uniform Administrative
Procedure Act, also known as Law 170 of August 12, 1988, as amended.

 ADVANCE \d6 

Rule 202	PURPOSE OF ENVIRONMENTAL DOCUMENTS

 tc \l5 "Rule 202	PURPOSE OF ENVIRONMENTAL DOCUMENTS 

The preparation and processing of environmental documents is a planning
process whose main purpose is to allow Puerto Rican government agencies
to obtain, evaluate and review all necessary information to ensure that
environmental factors are taken into account in any and all decisions
liable to affect the environment in any way. This, in turn, ensures
compliance with environmental policy as established in Title 1 of Law
Number 9, which stipulates that it is Puerto Rican government policy to
use all practical ways and means of encouraging and promoting the
general welfare and of establishing and maintaining conditions under
which man and nature are able to coexist in a productive, harmonious
relationship.

An environmental document is a detailed written statement with respect
to any action or activity with a potential impact on the environment.
Environmental documents are planning tools for the preparation of
interested government agencies as part of the decision-making process
with respect to different actions under consideration. This planning
process facilitates the essential environmental analysis to be taken
into account by government decision-makers in reaching their decisions,
thereby creating a frame of reference for making informed decisions.
Upon the conclusion of the review process for an environmental document,
it is the responsibility of the lead agency and not the Council
Governing Board to make a determination as to whether the proposed
action or activity will be implemented, where applicable, subject to any
modifications required as a result of such process and to the Board(s
finding as to whether the document in question meets the provisions of
corresponding regulations.

The Council on Environmental Quality Governing Board is involved in this
process in a compliance-monitoring capacity, conducting an investigatory
proceeding which includes the solicitation of comments and
recommendations from other government agencies and the general public.
The Council on Environmental Quality will make its own evaluation and
determine the adequacy of environmental documents filed in this process
in the light of all available information. This is an informal,
nonadversarial proceeding whose findings do not entail any adjudicative
determinations.

Final decisions by the Council on Environmental Quality Governing Board
are subject to judicial review under the Uniform Administrative
Procedure Act, or Law Number 170 of August 12, 1988, as amended.

 ADVANCE \d6 

Rule 203	DEFINITIONS

 tc \l5 "Rule 203	DEFINITIONS 

The following terms or phrases have the meaning outlined below for
purposes of these Regulations.

ACTION

The decision-making process engaged in by a lead agency by means of
which it proposes to implement an action or activity with a potential
impact on the environment. The term (action( includes but is not limited
to the following types of activities: licensing and permitting, the
granting of concessions, the setting of regulations or standards, the
earmarking or releasing of funds or the introduction of material changes
in the public policy of government agencies and corresponding programs
for the approval of projects through permitting procedures or any other
regulatory or zoning or rezoning decisions and proposals for new
legislation. 

REMEDIAL ACTION

A proposed package of measures designed to mitigate or eliminate any
potential environmental damage or imminent risk to human health.

AGENCY

Any instrumentality of the Commonwealth of Puerto Rico, including but
not limited to all departments, public corporations, commissions,
boards, municipalities and corresponding political subdivisions, or of
the Government of the United States.

COMMENTING AGENCY

Any instrumentality of the Commonwealth of Puerto Rico asked to comment
on or issue recommendations with respect to an environmental document by
a lead agency or the Council on Environmental Quality.

LEAD AGENCY

Any instrumentality of the Commonwealth of Puerto Rico proposing to
implement an action requiring the filing of an environmental document or
assuming responsibility for compliance with Article 4 of the
Environmental Policy Act, as amended.

ENVIRONMENT

The sum of all physical, chemical, biological and sociocultural factors,
forces or conditions affecting or influencing the living conditions of
any organisms.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ((EPA()

The United States government agency charged with protecting the
environment, established under Reorganization Plan No. 3 of 1970 (Code
of Federal Regulations, Volume 40, Part I).

COMMENCEMENT OF AN ACTION

For purposes of the effectiveness of environmental documents, a
construction activity commences as of the date on which the responsible
agency or other party undertakes a construction program to be completed
within a reasonable time frame, subject to the obtention of all
necessary approvals or permits, as required under applicable legislation
and regulations. Actions other than construction activities commence as
of the effective date of the determination by the lead agency.

YARDSTIC AIR POLLUTANT

As defined in the Air Pollution Control Regulations.

HAZARDOUS AIR POLLUTANT

As defined in the Air Pollution Control Regulations.

ENVIRONMENTAL IMPACT STATEMENT (EIS)

The environmental document filed by a lead agency to meet the
requirements of Article 4-C of the Environmental Policy Act in cases
where it has been determined that the proposed action will have a
significant impact on the environment.

AMENDED EIS

The environmental document consisting of a final EIS and an amended
document describing the potential environmental impact of modifications
in the proposed action.

FINAL EIS (FEIS)

The environmental document filed by a lead agency discussing the
comments formulated by each commenting agency and the general public
and, where applicable, describing any modifications to the proposed
action deemed necessary in light of such comments.

DRAFT EIS (DEIS)

The environmental document filed by a lead agency seeking input and
eliciting comments from the public and from commenting agencies with
respect to a proposed action in the wake of a determination to the
effect that such action will have a significant environmental impact.

UPDATED DEIS

The environmental document filed by a lead agency with respect to a
proposed action or activity with a potentially significant environmental
impact where it has been determined that the content of a draft EIS has
been revised or where subsequent information emanating from the review
process suggests that it could have a potentially significant
environmental impact.

NEGATIVE EIS

A determination by the lead agency to the effect that a proposed action
should not have a significant impact on the environment.  Such a
determination must be based on and substantiated by data presented in an
environmental assessment as defined in Chapter 4 of these Regulations.

ENVIRONMENTAL DOCUMENT

An in-depth report on any action, including an analysis, assessment and
discussion of any potential environmental effects associated with such
action. For purposes of these Regulations, the term applies only to
environmental impact statements or environmental assessments filed under
the provisions of Chapters 4 and 5, respectively. 

EMERGENCY

Any unforeseen and unexpected action, condition or situation affecting
or influencing environmental (physical, chemical, biological and
sociocultural), social, economic or other conditions which, if not dealt
with immediately, could be harmful, among other things, to the health,
safety or welfare of humans, other organisms or environmental quality or
could affect the use and enjoyment of property.

CONVENIENT SCALE

A scale allowing for the contemplation of specific data relevant to a
proposed action to be displayed on a diagram or blueprint.

ENVIRONMENTAL ASSESSMENT (EA)

The environmental document filed by a lead agency to enable the Council
on Environmental Quality to make a determination as to whether the
proposed action has a potentially significant environmental impact.  

CATEGORICAL EXCLUSION 

Foreseeable or routine actions which, as normally implemented, should
not have a significant impact on the environment, subject to their
compliance with the provisions of Chapter 3 of these Regulations. The
term also applies to the remedial actions to be implemented by any
agency or to any action to be taken by a government agency through the
intermediary of a private organization in implementing a remedial action
designed to protect the environment.

NON-HAZARDOUS SOLID WASTE MANAGEMENT AND DISPOSAL FACILITIES

The systematic management and control of the storage, source separation,
collection, transportation, transshipment, treatment, recovery and
disposal of non-hazardous solid wastes.

HAZARDOUS SOLID WASTE MANAGEMENT FACILITIES

The systematic control of the storage, collection, source separation,
transportation, processing, treatment, recovery and disposal of
hazardous wastes.

MAJOR STATIONARY SOURCE

As defined in the Air Pollution Control Regulations.

RESPONSIBLE OFFICIAL

The designated official in each agency in charge of all formalities
relating to the preparation and processing of environmental documents.

CUMULATIVE IMPACT

The overall environmental effect of a series of past, present or future
actions operating individually or as a whole.

ENVIRONMENTAL IMPACT

The direct, indirect and/or cumulative effects of a proposed action on
the environment, including factors or conditions such as land use, air,
water, minerals, plants, animals, noise, objects or areas with historic,
archaeological or aesthetic value and economic, social, cultural or
public health considerations.

SIGNIFICANT ENVIRONMENTAL IMPACT

The material effect of a proposed action on one or more elements of the
environment, including but not limited to a biotic population, a natural
resource, the aesthetic or cultural environment, quality of life, public
health and renewable or nonrenewable resources, or liable to sacrifice
long-term beneficial uses of the environment for short-term uses or vice
versa, with all such elements to be evaluated individually and as a
whole.

FINAL SOLID WASTE DISPOSAL FACILITY

Any facility or part thereof designed for the final disposal of solid
wastes.

BOARD

The Governing Board of the Council on Environmental Quality.

COUNCIL ON ENVIRONMENTAL QUALITY

The Puerto Rican government agency established by the Environmental
Policy Act.

GOVERNING BOARD

The three-member governing body for the Council on Environmental Quality
appointed by the governor, with Senate approval, consisting of a
Chairman, Vice Chairman and Associate Member.

ENVIRONMENTAL POLICY ACT

Law Number 9 of June 18, 1970, as amended.

NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS)

The primary and secondary ambient air quality standards set by the
United States Environmental Protection Agency in the Code of Federal
Regulations.

PROMOTER

An individual, legal entity or group of public or private organizations
responsible for any action governed by these Regulations, including but
not limited to government agencies and corporations or private
organizations, associations, cooperatives, trusts and firms.

SCHEMATIC  DIAGRAM

A diagram showing the general layout of the components of a given
project.

RESOURCES

The environmental, natural, human, historic, sociocultural and aesthetic
resources impacted by the implementation of a given action.

NATURAL RESOURCES

The natural elements available for the use of mankind forming an
integral part of the geography of a particular region, such as land,
air, water, plants, animals, minerals, etc.

SANITARY LANDFILL

Any facility or part thereof used for the disposal of non-hazardous
solid wastes. Under this disposal method, the waste is spread in layers,
each of which is compacted to the smallest practical volume and
separated by a cover of fill material or an approved alternate material
on a daily basis to minimize any risks to human health, public safety
and the environment, as well as any nuisance factors offensive to the
human senses.

 ADVANCE \d6 

Rules 204 to 210	Reserved

 tc \l5 "Rules 204 to 210	Reserved 

 ADVANCE \d6 Chapter 2:  General provisions

 tc \l5 "Chapter 2:  General provisions  ADVANCE \d6 Rule 	211
COMPLIANCE WITH THE ENVIRONMENTAL POLICY ACT

 tc \l5 "Rule 	211	COMPLIANCE WITH THE ENVIRONMENTAL POLICY ACT 

As required by Article 4 of Law No. 9 of June 18, 1970, known as the
Environmental Policy Act, all departments, agencies, public and
quasi-public corporations, municipalities and instrumentalities of the
Government of Puerto Rico and their political subdivisions must make
every possible effort to:

Review and interpret their public policy, statutory authority,
administrative procedures and regulations in keeping with the provisions
of these Regulations.

Implement procedures designed to ensure the consideration of
environmental factors and use of the environmental document process as
the basis for decision-making. Environmental documents must be clear and
concise and attest to the performance of a corresponding environmental
analysis.

Reconcile the requirements imposed under Law No. 9 with any other
environmental or planning procedure required under the provisions of
other legislation to ensure that all such procedures are conducted
concurrently.

Encourage and facilitate public involvement in decision-making processes
affecting the quality of the human environment.

Use the procedure established in these Regulations to identify and
examine any reasonable alternatives to proposed actions diminishing or
minimizing the adverse effects of such actions on environmental quality.

Use all practical means in keeping with the provisions of Law No. 9 and
consistent with other basic policy considerations to restore and improve
environmental quality and prevent or minimize any potential adverse
effect of their actions on the quality of the surrounding environment.

 ADVANCE \d6 

Rule 212	SCOPE

 tc \l5 "Rule 212	SCOPE 

These Regulations are applicable to all state and municipal government
departments, agencies and public and quasi-public corporations,
instrumentalities of the Government of Puerto Rico and its political
subdivisions and any individual, legal entity or group of private
organizations responsible for any action governed by these Regulations.
However, the Council on Environmental Quality is the instrumentality in
charge of regulating and administering the environmental document
process. Accordingly, as a custodian of environmental policy, the
Council itself is subject to such process for compliance-monitoring
purposes.

 ADVANCE \d6 

Rule 213	GENERAL BAN

 tc \l5 "Rule 213	GENERAL BAN 

No agency or promoter responsible for any action governed by the
provisions of these Regulations may bring about or take any action with
a real or potential significant environmental impact without previously
complying with such provisions.

 ADVANCE \d6 

Rule 214	MITIGATION MEASURES

 tc \l5 "Rule 214	MITIGATION MEASURES 

The mitigation measures indicated in an environmental document are
mandatory and represent minimal measures for protecting the environment.
The lead agency will enjoin jurisdictional agencies to include
mitigation measures as a basic requirement for permitting purposes. The
Council on Environmental Quality may bring administrative action against
any lead agencies failing to include such measures as a permitting
requirement, as prescribed by the Environmental Policy Act.

Rule 215	DESIGNATION OF RESPONSIBLE OFFICIALS

Each agency will designate one or more responsible officials in charge
of overseeing compliance with environmental procedures as defined in
these Regulations.

 ADVANCE \d6 

Rule 216	FORMATTING REQUIREMENTS

 tc \l5 "Rule 216	FORMATTING REQUIREMENTS 

All environmental documents to be filed by a lead agency must be
presented in the following format:

Letter of transmittal;

Must be an original document;

Must be drawn up on official stamped paper bearing the agency
letterhead;

Must identify the environmental document;

Must be duly signed by the head of the lead agency, the individual to
whom he has delegated signature authority or the responsible official
for that agency.

Introduction or preamble;

Table of Contents or Index;

Summary;

Detailed description, including a statement of the purpose of and
rationale for the proposed action;

Description of the surrounding environment;

Identification of the anticipated environmental impacts of the proposed
action;

Inclusion of comments, requirements and recommendations from consulted
agencies, where applicable;

List of agencies and organizations to which the environmental document
is being distributed;

Finding of significant environmental impact or finding of no significant
environmental impact;

Certification by the responsible official for the lead agency to the
effect that all information presented in the environmental document is
true, correct and complete (see Appendix A);

In the specific case of an EIS, inclusion and discussion of the various
alternatives considered by the agency, including the (no-action(
alternative and the selected alternative;

Appendixes.

The introduction or preamble is to be limited to one page in length and
must contain the following information:

The name of the lead agency and of any other agency involved;

The name of the private organization promoting the action if other than
the lead agency per se;

The name or title of the proposed action;

The name, address and telephone number of the responsible official for
the lead agency;

In the case of an EIS, identification of this environmental document as
either a draft or final document;

A single-paragraph summary of the matter addressed in the environmental
document;

The date of the document(s distribution, where applicable.

Environmental documents may be drawn up in either Spanish or English.
However, Spanish versions of any such documents drawn up in English must
be furnished to all requesting parties. Such documents must be
objective, analytical, concise and easily assimilated by the general
public while, at the same time, containing sufficient information for
briefing experts on specific problems within their area of expertise.

 ADVANCE \d6 

Rule 217	CONTENT REQUIREMENTS

 tc \l5 "Rule 217	CONTENT REQUIREMENTS 

The content of environmental documents will focus on material facts
relevant to the proposed action and must include any and all essential
information for a proper understanding of the proposed action or its
environmental effects. Likewise, any information not essential to a
proper understanding of the proposed action or its environmental impacts
should be omitted.

 ADVANCE \d6 

Rule 218	DATA FROM RECOGNIZED EXPERT SOURCES

 tc \l5 "Rule 218	DATA FROM RECOGNIZED EXPERT SOURCES 

Data from recognized expert sources may be included as relevant
information in environmental documents. Such data is to be incorporated
in the text of the environmental document, with a reference to the
chapter, page, section or date of the cited document, or presented in an
appendix to the document. In cases of relevant data appearing in a
particular section, chapter or part of a study, such study is to be
attached to the environmental document as an appendix.

 ADVANCE \d6 

Rule 219	ASSERTIVE ACTION PROVISIONS

 tc \l5 "Rule 219	ASSERTIVE ACTION PROVISIONS 

A.	Agencies consulted in connection with the processing of an
environmental document must file their comments with the lead agency by
the deadlines established in Chapters 4 and 5 of these Regulations, as
appropriate, with a copy for the Council on Environmental Quality.

B.	Any agency consulted with respect to an environmental document which
does not wish to make any comments or recommendations on such document
must indicate such fact in a letter signed by the head of the agency,
the individual to whom he has delegated signature authority or the
responsible official for that agency. In no event shall the failure by a
commenting agency to act on an environmental document be construed as an
indication that such agency has declined to comment.

C.	In cases where a commenting agency has failed to discharge its duty
to comment on an environmental document by the deadline established in
these Regulations, the Council on Environmental Quality will issue an
action order against such agency enjoining it to file comments within
fifteen (15) days from the date of the service of notice of the action
order. Any agency still failing to file comments by the aforesaid
prescribed deadline will be subject to a fine in the amount of five
hundred dollars (US$500.00) for failure to comply with a Council on
Environmental Quality order, plus one hundred dollars (US$100.00) for
each day beyond the aforesaid fifteen-day period, until such time as it
has fulfilled its obligation to file comments.

D.	In the event a commenting agency has still not discharged its duty
to file comments solicited by a lead agency with respect to an
environmental document upon the lapsing of the deadlines established in
Section C above, the lead agency in question may bring an action in
district court seeking an appropriate legal remedy through which the
commenting agency may be enjoined to meet the aforesaid requirements. It
may also take any other action allowed under its enabling legislation.

E.	Only comments filed by a commenting agency with a lead agency in an
original letter drawn up on official stamped paper bearing the
letterhead of the commenting agency and signed by the head of the agency
or the individual to whom he has delegated signature authority will be
considered official.

 ADVANCE \d6 

Rule 220	COUNCIL ON ENVIRONMENTAL QUALITY AS LEAD AGENCY

 tc \l5 "Rule 220	COUNCIL ON ENVIRONMENTAL QUALITY AS LEAD AGENCY 

A.	The Council on Environmental Quality will serve in the capacity of
lead agency in the absence of another agency with primary jurisdiction
over a proposed action requiring compliance with the provisions of
Article 4-C of Law No. 9.

B.	The Council on Environmental Quality is categorically disqualified
under these Regulations from taking any decisions with respect to the
issuance of environmental permits or authorizations in cases where it is
acting as the lead agency.

 ADVANCE \d6 

Rule 221	RULES OF INTERPRETATION

 tc \l5 "Rule 221	RULES OF INTERPRETATION 

A.	Citizen suits

Nothing in these Regulations is to be construed, in any way, as limiting
the ability of any individual or entity to bring legal action as
prescribed by law. Any individual who feels that a lead agency has
failed to meet Article 4-C requirements under the Environmental Policy
Act or any requirements imposed under these Regulations may bring an
action in district court seeking an appropriate legal remedy through
which such agency may be enjoined to satisfy the aforesaid requirements.

B.	Conflicting or irreconcilable provisions

In the event of a discrepancy between two or more provisions of these
Regulations, the more restrictive such provision shall prevail. In the
event of a discrepancy between the Spanish and English versions of these
Regulations, the Spanish version will prevail.

C.	Amendment and repeal

These Regulations repeal the Regulations of June 4, 1984 on
Environmental Impact Statements and amend or repeal any prior Council on
Environmental Quality provisions, decisions, agreements, guidelines, or
regulations inconsistent with its provisions.

 ADVANCE \d6 

Rule 222	INFORMATION AVAILABLE TO THE PUBLIC

 tc \l5 "Rule 222	INFORMATION AVAILABLE TO THE PUBLIC 

Any and all information required, received or obtained by or filed with
the Council on Environmental Quality under the provisions of these
Regulations will be made available for examination by the public, with
the exception of documents or information meeting the requirements
established under Article 17 of the Environmental Policy Act whose
nondisclosure is requested by the party concerned.

 ADVANCE \d6 

Rule 223	PENALTIES

 tc \l5 "Rule 223	PENALTIES 

Violations of these Regulations are punishable by the penalties
established under the Environmental Policy Act (Law No. 9 of June 18,
1970, as amended).

 ADVANCE \d6 

Rule 224	EMERGENCY WAIVERS

 tc \l5 "Rule 224	EMERGENCY WAIVERS 

The Council on Environmental Quality Governing Board may waive the
provisions of these Regulations in the event of a finding of the
existence of an emergency making such a waiver essential to prevent the
materialization of an imminent material risk to human life, health, the
environment or the enjoyment of property. The waiver will remain in
effect only for as long as the circumstances creating the emergency
continue to exist, subject to the provisions of Section 3.17 of the
Uniform Administrative Procedure Act.

 ADVANCE \d6 

Rule 225	EFFECTIVE DATE OF ENVIRONMENTAL DOCUMENTS

 tc \l5 "Rule 225	EFFECTIVE DATE OF ENVIRONMENTAL DOCUMENTS 

A.	Environmental assessments conducted in accordance with prescribed
procedures and resulting in a negative EIS are effective for a five-year
period, beginning as of the date on which the Council on Environmental
Quality(s determination of compliance with Article 4-C of the
Environmental Policy Act becomes final and binding and ending with the
commencement or implementation of the proposed action, provided there
are no major changes made to the proposed project.

B.	Environmental impact statements issued in accordance with prescribed
environmental assessment procedures are effective for a ten-year period,
beginning as of the date on which the Council on Environmental Quality(s
determination of compliance with Article 4-C of the Environmental Policy
Act becomes final and binding and ending with the commencement or
implementation of the proposed action, provided there are no major
changes made to the proposed project.

C.	The lapsing of the period of effectiveness of an environmental
document voids the certification of compliance with Article 4-C of Law
No. 9 issued by the Council Governing Board with respect to such
document. In such case, the lead agency may not implement the proposed
action until it has reinstituted the environmental document process and
obtained a new determination of compliance with Article 4-C of the
Environmental Policy Act.

 ADVANCE \d6 

Rule 226	SEPARABILITY CLAUSE

 tc \l5 "Rule 226	SEPARABILITY CLAUSE 

A decision by a competent court declaring any provision of these
Regulations illegal or unconstitutional will not affect its remaining
provisions, each of which will be considered separately.

Rule 227	EFFECTIVE DATE OF THE REGULATIONS

A.	These Regulations will enter into effect thirty (30) calendar days
from the date of their filing with the Department of State of Puerto
Rico as prescribed by Law No. 170 of August 12, 1988, as amended, unless
otherwise prescribed by the governor. 

B.	Environmental documents filed with the Council on Environmental
Quality prior to the effective date of these Regulations will be
evaluated and handled according to the provisions of regulations and
resolutions in effect at the time they were filed with such agency,
provided the proposed action has not undergone any major changes having
adverse environmental effects.

 ADVANCE \d6 

Rules 228 to 230	Reserved

 tc \l5 "Rules 228 to 230	Reserved 

 ADVANCE \d6 

Chapter 3.  Categorical exclusions

 tc \l5 "Chapter 3.  Categorical exclusions 

 ADVANCE \d6 

Rule	231	GENERAL PROVISIONS

 tc \l5 "Rule	231	GENERAL PROVISIONS 

Foreseeable or routine actions meeting the provisions of this Chapter
which, as normally implemented, should not have a significant impact on
the environment may be construed as qualifying for categorical
exclusions. Remedial actions to be implemented by any agency or any
action to be taken by a government instrumentality to allow for a
private organization to carry out a remedial action designed to protect
the environment may also be construed as qualifying for categorical
exclusions.  This allows the lead agencies for the action in question to
be in compliance with Article 4-C of Law No. 9, also known as the
Environmental Policy Act, while, at the same time, exempting them from
meeting the requirements imposed under Chapters 4 and 5 of these
Regulations. 

 ADVANCE \d6 

Rule 232	REQUESTS FOR CATEGORICAL EXCLUSIONS

 tc \l5 "Rule 232	REQUESTS FOR CATEGORICAL EXCLUSIONS 

A.	Any agency wishing to apply for a categorical exclusion for a given
action must file a written request with the Council on Environmental
Quality Governing Board containing the following information, as
applicable in each case: 

1.	A description of the action;

2.	An explanation as to why the action should not have a significant
environmental impact, based on the following criteria, as applicable:

a)	Site-related parameters;

b)	Type of works;

c)	Use;

d)	Zoning;

e)	Available infrastructure;

f)	Intensity and density of use.

B.	The Governing Board will review requests for categorical exclusions
based on the following considerations, as applicable:

1.	Whether the action involves minor upgrades or expansions of existing
facilities, the replacement of equipment, or the construction of
ancillary facilities appurtenant to existing facilities;

2.	The vulnerability of the area in which the action is scheduled to be
implemented to flooding, landslides or cave-ins;

3.	Existing pollution levels in areas targeted by the proposed action;

4.	Whether the action is to be implemented in areas with unique or
endangered species of plants and animals, areas with known or potential
mineral deposits, areas with archaeological or cultural sites, areas in
which the action could have environmental effects on natural or
artificial systems, or areas with existing infrastructure problems or
problems with service networks that are common knowledge;

5.	Whether the action involves the diversion of rivers, brooks or
streams;

6.	Whether the action could potentially cause substantial noise,
vibration, water, air or land pollution;

7.	Whether the action involves the processing, manufacturing, production
or storage of any chemical or hazardous substances;

8.	Whether the proposed action could harm any existing areas;

9.	The existence of special circumstances under which a normally
excluded action could have a significant environmental impact.

C.	The Governing Board may consider other factors in addition to those
discussed in the request for a categorical exclusion filed by a lead
agency in reviewing such request.

D.	The Council on Environmental Quality may require a lead agency to
file an environmental assessment for any action for which such agency
has applied for a categorical exclusion.

E.	The Council on Environmental Quality may grant a categorical
exclusion to any foreseeable or routine action, at its discretion, where
its experience and expertise indicate that such action will not have a
significant environmental impact, subject to the requirements
established under the provisions of this Chapter.

F.	The Council on Environmental Quality will notify the public of the
approval or granting of a categorical exclusion by publishing a one-time
public notice to such effect in a newspaper of general circulation, with
corresponding advertising costs to be borne by the requesting agency.
Such notice must inform the public of its right to petition for
reconsideration or judicial review of its decision.

G.	The Council Governing Board will notify the interested agency of the
approval or rejection of any request for a categorical exclusion in a
resolution to such effect within a period of thirty (30) days, in the
absence of any special circumstances justifying an extension of this
deadline.

Construction works or actions not expressly listed or identified in
categorical exclusions granted by the Council Governing Board but whose
operation, use, size and location are such that it finds them identical
to other approved works or actions may be construed as qualifying for
categorical exclusions, subject to the satisfaction of all corresponding
previously established conditions.

H.	The Board will make a list of current categorical exclusions
available for inspection by the public at its headquarters, in all
regional offices and on its web site.

 ADVANCE \d6 

Rule 233	EFFECTS OF THE APPROVAL OR REJECTION OF REQUESTS FOR
CATEGORICAL EXCLUSIONS

 tc \l5 "Rule 233	EFFECTS OF THE APPROVAL OR REJECTION OF REQUESTS FOR
CATEGORICAL EXCLUSIONS 

A.	The lead agency for an action with respect to which the Council on
Environmental Quality has rejected a request for its categorical
exclusion must meet the requirements established in Chapters 4 or 5 of
these Regulations, as applicable.

B.	The granting of a categorical exclusion does not relieve the lead
agency for the action in question of its obligation to comply with other
applicable regulations issued by the Council on Environmental Quality or
any other government agency.

 ADVANCE \d6 

Rule 234	IMPLEMENTATION OF ACTIONS GRANTED CATEGORICAL EXCLUSIONS

 tc \l5 "Rule 234	IMPLEMENTATION OF ACTIONS GRANTED CATEGORICAL
EXCLUSIONS 

A.	The lead agency will notify the Council on Environmental Quality of
any and all actions to be implemented under categorical exclusion
determinations on an individual basis. Such notifications must certify
that the proposed action meets each and every condition subject to which
the exclusion was granted. The certification is to be signed by the head
of the agency, the individual to whom he has delegated signature
authority or the responsible official for that agency.

B.	Any agency planning to implement a proposed action under a
categorical exclusion determination which fails to meet any of the
conditions subject to which such an exemption was originally granted
will be required to file an environmental document. 	

C.	Established formatting and content requirements for environmental
documents do not apply to categorical exclusions or qualifying actions
under Rule 220 of these Regulations.

D.	The Council on Environmental Quality will design a special form to
be used for submitting the minimum required information to be included
in each individual notification by the lead agency.

 ADVANCE \d6 

Rule 235	EXTENSION TO ALL GOVERNMENT AGENCIES

 tc \l5 "Rule 235	EXTENSION TO ALL GOVERNMENT AGENCIES 

A categorical exclusion granted a lead agency for any given action will
be extended to any agency of the Commonwealth of Puerto Rico, upon
request, under the same set of circumstances.

 ADVANCE \d6 

Rule 236	DIRECT APPROVAL REQUIREMENT

 tc \l5 "Rule 236	DIRECT APPROVAL REQUIREMENT 

Under no circumstances shall any failure on the part of the Council on
Environmental Quality Governing Board to act on a request for a
categorical exclusion be interpreted as an approval of such request. 

 ADVANCE \d6 

Rule 237	EFFECTIVE DATE OF CATEGORICAL EXCLUSIONS

 tc \l5 "Rule 237	EFFECTIVE DATE OF CATEGORICAL EXCLUSIONS 

A.	All categorical exclusions granted prior to the effective date of
these Regulations will lapse 180 days after such date or the date of
approval of a new list of exclusions by the Council on Environmental
Quality Governing Board. Any agency wishing to maintain a categorical
exclusion in effect after the aforesaid 180-day period has elapsed will
be required to revise and refile their request with the Governing Board,
which requests must be duly substantiated, must meet the requirements
established under Rule 232.A of these Regulations and must be filed
within 180 days from the effective date of these Regulations.

B.	All categorical exclusions granted prior to the effective date of
these Regulations for which the interested agency has filed a request
for their extension by the aforesaid prescribed deadline will remain in
effect until the Governing Board has made a determination in such
respect.

C.	The Governing Board may review any previously approved categorical
exclusion, at its discretion, which process may result in the
revocation, modification or ratification of previously-granted
exclusion. Lead agencies affected by any revisions or modifications to
categorical exclusions will be afforded all due process guarantees.

 ADVANCE \d6 

Rules 238 to 240	Reserved

 tc \l5 "Rules 238 to 240	Reserved 

 ADVANCE \d6 Chapter 4.  Environmental assessments (EA)

 tc \l5 "Chapter 4.  Environmental assessments (EA)  ADVANCE \d6 Rule
241	SCOPE

 tc \l5 "Rule 241	SCOPE 

A.	All lead agencies must file an EA with the Council on Environmental
Quality for any and all actions governed by these Regulations in the
absence of a prior determination requiring the filing of an EIS meeting
the requirements established under Chapter 5, Environmental Impact
Statements, or unless such action has qualified for a categorical
exclusion under Chapter 3.

B.	United States government agencies in compliance with Section
102(2)(C) of the National Environmental Policy Act (NEPA) will not be
required to file a new EA under the provisions of this Chapter provided
the comment process for the EA included due and proper consultations
with interested Puerto Rican government agencies and the document in
question meets the provisions of these Regulations in all material
respects.

C.	The formatting requirements established under these Regulations shall
not apply to U.S. government agencies, provided the corresponding EA
meets existing requirements under current applicable federal
regulations.

 ADVANCE \d6 

Rule 242	CONTENT REQUIREMENTS

 tc \l5 "Rule 242	CONTENT REQUIREMENTS 

A.	All environmental assessments must comply with the provisions of this
Chapter and all applicable rules and procedures, as established in these
Regulations.

B.	The EA will include a letter of transmittal signed by the head of the
lead agency, the individual to whom he has delegated signature authority
or the responsible official for that agency.

C.	The environmental assessment required under this Chapter must contain
a description of the proposed site and corresponding physical and biotic
elements, including: 

1.	A topographic (contour) map at a scale of 1:20,000 showing the
location of the project site;

2.	A schematic diagram of the project at a convenient scale;

3.	The project area (in square feet, square meters, etc.);

4.	A list of existing plant and animal species, including their
scientific and common names and the source of corresponding data;

5.	The types and features of soils in the project area;

6.	Existing geological formations in the project area and adjacent
areas, with an indication of the source of corresponding data;

7.	Existing natural systems (caves, wetlands, nature reserves, forests,
etc.) in the project area and adjacent areas within a radius of 400
meters from the project perimeter and their distance from the project
site;

8.	The uses and zoning of lands designated as the proposed project site,
including a zoning map where applicable;

9.	Existing bodies of water within a radius of 400 meters from the
project site and their distance from such site;

10.	An identification of any body or bodies of water to be impacted by
the proposed action;

11.	Any well or wells supplying drinking water within a radius of 460
meters from the project perimeter;

12.	An indication of whether the project or any component thereof will
be located on a floodplain, identifying the area in question and
establishing the maximum flood level at the project site;

13.	Available infrastructure;

14.	The distance of the project site from the closest dwelling and
closest quiet zone;

15.	Access roads to the proposed project site;

16.	Public or private water intakes for drinking water supplies;

17.	The name or location of any environmentally sensitive areas near to
the project area and their distance from the project site.

D.	The environmental assessment will contain a description of the
proposed action, including without being limited to the following

1.	General information:

a)	An explanatory statement;

b)	An explanation of the need for the project;

c)	The total estimated project cost;

d)	The volume of earthwork, where applicable;

e)	Approximate noise levels during the construction and operational
phases of the project, including a work schedule;

f)	Contemplated abatement measures for minimizing noise emissions and
reception during the construction and operational phases of the project;

g)	Protective measures for existing natural systems;

h)	Estimates of water supplies and consumption for each phase of the
project;

i)	The estimated volume of wastewater to be generated during the
construction and operational phases of the project;

j)	The final disposal site for wastewater during the construction and
operational phases of the project;

k)	In the event of the use of a treatment system for the final disposal
of wastewater, a letter from the system owner or operator indicating its
availability;

1)	Assessments for proposals calling for the use of an underground
injection system must include a certification by a qualified expert
licensed to practice his profession in Puerto Rico attesting to the
following:

a)	Findings from percolation tests, where applicable;

b)	Findings from tests for groundwater levels;

c)	A determination to the effect that the system will not be located on
a floodplain.

2)	Assessments for proposals calling for the use of any type of tank for
the storage of liquids must contain the following information:

a)	The design capacity and installation method for each tank or, in
other words, whether it will be installed underground, partially
underground or above-ground;

b)	The type of liquid to be stored in each tank.

l)	The final disposal site for rainwater runoff;

m)	The type of solid wastes involved (hazardous or non-hazardous) and
the weight or volume of wastes to be generated, stored, transported and
disposed of during the construction and operational phases of the
project;

n)	Storage, transportation, treatment and disposal methods for the
wastes referred to in subsection (m) above;

o)	Sources of atmospheric emssions sources and the estimated maximum
capacity of each source in convenient units, where applicable;

p)	Air pollution control equipment and/or measures;

q)	Estimated hazardous and yardstick air pollutant emissions, in tons
per year;

r)	The demand for electric power engendered by each phase of the
project;

s)	The expected increase in motor vehicle traffic during the
construction and operational phases of the project;

t)	The temporary and permanent jobs to be created during the
construction and operational phases of the project.

E.	The EA must analyze the potential environmental effects of the
proposed action and include mitigation measures for minimizing its
impact. The discussion must also include some indication of the effect
of the use of existing infrastructure.

F.	All EAs must include a finding as to whether the proposed action will
or will not have a significant environmental impact. In the event of a
finding of significant environmental impact, the lead agency will be
required to file an EIS under the provisions of Chapter 5 of these
Regulations.  In the event of a finding of no significant impact, the EA
filed by the lead agency will include a descriptive analysis supporting
such finding.

 ADVANCE \d6 

Rule 243	PROCEDURAL REQUIREMENTS

 tc \l5 "Rule 243	PROCEDURAL REQUIREMENTS 

A.	The EA required under these Regulations is to be filed with the
Council on Environmental Quality in five (5) copies and with any other
applicable agency, as determined by the lead agency, against the
issuance of a corresponding receipt. The Council on Environmental
Quality will issue comments or a final determination within a period of
thirty (30) calendar days from the date of the receipt, unless otherwise
agreed by the lead and commenting agencies.

B.	The Council on Environmental Quality may impose what it considers to
be necessary and reasonable conditions in its comments to the lead
agency, in which case any failure to meet such conditions could
constitute grounds for the rejection of applications for the
corresponding permits.

C.	The lead agency will take no action whatsoever on the proposal until
the review process for the EA filed with the Council on Environmental
Quality and the environmental impact determination process are
concluded.

D.	The Council on Environmental Quality will review the EA and make a
determination as to whether the filing and processing of such document
by the lead agency satisfy the requirements of Article 4-C of the
Environmental Policy Act.

The Council on Environmental Quality may use its discretionary authority
to require the lead agency to file an environmental impact statement
where it believes that the proposed action could have a significant
impact on the environment.

 ADVANCE \d6 

Rules 244 to 250	Reserved

 tc \l5 "Rules 244 to 250	Reserved  ADVANCE \d6 Chapter 5. 
Environmental impact statements (EIS)

 tc \l5 "Chapter 5.  Environmental impact statements (EIS) 

 ADVANCE \d6 

Rule 251	RESPONSIBILITY FOR THE PREPARATION OF AN EIS

 tc \l5 "Rule 251	RESPONSIBILITY FOR THE PREPARATION OF AN EIS 

A.	The lead agency for a proposed action is responsible for overseeing
the preparation of a corresponding EIS as indicated in these
Regulations. It may call on private parties for assistance in preparing
the EIS and in collecting and developing the technical and scientific
data needed to draw up the document. It is essential that the lead
agency remain objective and use its own judgment in formulating this
statement.

B.	The EIS should be drawn up as early as possible in the
decision-making process, prior to making any irrevocable commitment of
resources or environmental commitment. The procedure for the filing,
evaluation and processing of environmental documents established in
these Regulations must be concluded before commencing the proposed
government action or project.

C.	The involvement of more than one agency in the same action or group
of directly interrelated actions will require the selection of a lead
agency from among these, to take charge of overseeing the preparation of
an EIS. The following factors, ranked in descending order of importance,
may be taken into consideration in selecting the lead agency:

1.	The extent of its involvement in the proposed action or project;

2.	The expertise of each participating agency with respect to the
proposed action;

3.	The length of its involvement;

4.	The stage of the project or action in which it is involved.

D.	United States government agencies in compliance with Section
102(2)(C) of the National Environmental Policy Act will not be required
to file a new EIS under Article 4(C) of the Puerto Rican Environmental
Policy Act, so long as the comment process for the EIS in question
provided for the proper consultation of interested Puerto Rican
government agencies.

E.	The formatting requirements imposed under these Regulations shall not
apply to United States government agencies armed with an EIS meeting
existing requirements under current applicable federal regulations.

 ADVANCE \d6 

Rule 252	ACTIONS REQUIRING AN EIS

 tc \l5 "Rule 252	ACTIONS REQUIRING AN EIS 

A.	Any action liable to have a significant impact on environmental
quality will require the preparation of an EIS. More specifically, an
EIS will be required in all cases in which a significant environmental
impact is likely to be engendered by factors such as:

1.	An action liable to significantly degrade any uses of the
environment;

2.	An action whose implementation involves the usage of a significant
portion of the infrastructure available in the proposed project area,
which determination is to made and backed by the government
instrumentality or instrumentalities in charge of operating the service
or infrastructure in question;

3.	An action liable to have a significant impact on an area containing
natural resources or environmental, recreational, social, cultural or
archaeological resources;

4.	An incremental action to be implemented in different phases which,
individually, do not require an EIS but which, collectively, could have
a significant cumulative environmental impact, in which case such action
will require the filing of an EIS examining the anticipated overall
impact of all phases of the project up to the final development phase;

5.	The establishment of a sanitary landfill;

6.	The establishment of a major emission source.

B.	The Governing Board may require an EIS for any action which, in its
judgment and by virtue of its special features, is liable to have a
significant environmental impact though not expressly included in the
scope of Rule 252.A of these Regulations.

 ADVANCE \d6 

Rule 253	CONTENT REQUIREMENTS

 tc \l5 "Rule 253	CONTENT REQUIREMENTS 

A.	The EIS will provide a general description of the proposed action
and its site and an explanation of its purpose and of the need for such
action and describe any important environmental elements liable to be
directly or indirectly affected by the proposed action. This descriptive
portion of the EIS will contain the following information:	

1.	Location and siting maps or aerial photographs of the area at a scale
of 1:20,000 showing existing and proposed conditions; 

2.	A schematic diagram of the project at a convenient scale;

3.	The project area (in square feet, square meters, etc.);

4.	A detailed description of plant and animal species in the target
area, including their common and scientific names and indicating the
methods used to study or survey the species in question and, in the
event of the identification or discovery of any rare, threatened or
endangered species as defined by federal or state regulations,
information with respect to their distribution, relative density, food
chains and habitats and on relations between existing species;

5.	The types and features of existing soils and geological formations in
the project area and in adjacent areas, indicating the source of the
data;

6.	Existing natural systems (caves, wetlands, nature reserves, forests,
etc.) in the project area and in adjacent areas within a radius of 400
meters from the project perimeter and their distance from the project
site;

7.	The uses and zoning of lands designated as the proposed project site,
including a zoning map where applicable;

8.	Existing bodies of water within a radius of 400 meters from the
project site and their distance from such site;

9.	An identification of any body or bodies of water to be impacted by
the proposed action;

10.	Any well or wells supplying drinking water within a radius of 460
meters from the project perimeter;

11.	An indication of whether the project or any component thereof will
be located on a floodplain, identifying the area in question and
establishing the maximum flood level at the proposed project site;

12.	Available infrastructure.

13.	The distance of the project site from the closest dwelling and
closest quiet zone;

14.	Access roads to the proposed project site.

15.	Public or private water intakes for drinking water supplies;

16.	The name or location of any environmentally sensitive areas near the
project area and their distance from the project site;

17.	Development and demographic trends in the target area and any
information relating to these variables justifying the proposed action
or helping to establish its future effects;

18.	The total estimated project cost;

19.	The volume of earthwork, where applicable;

20.	Approximate noise levels during the construction and operational
phases of the project, including a work schedule, and contemplated noise
abatement measures;

21.	Protective measures for existing natural systems;

22.	Estimates of water supplies and consumption;

23.	The estimated volume of wastewater to be generated during the
construction and operational phases of the project, with an indication
of the final disposal method;

24.	The final disposal site for wastewater during the construction and
operational phases of the project;

a)	In cases of proposals calling for the use of a treatment system for
the final disposal of wastewater, the EA must include a letter from the
system owner or operator indicating its availability.

b)	The EIS for projects involving subsoil discharges must include a
discussion of the area(s geology, streamflow conditions in the target
area, underground sources of drinking water and their anticipated
effects on the quality of underground water resources and a
certification by a qualified expert licensed to practice his profession
in Puerto Rico attesting to the following:

1)	Findings from percolation tests, where applicable;

2)	Findings from tests for groundwater levels;

3)	A determination to the effect that the system will not be located on
a floodplain.

c)	The EIS for proposals calling for the use of any type of tank for the
storage of liquids must contain the following information:

1)	The design capacity and installation method for each tank or, in
other words, whether it will be installed underground, partially
underground or above-ground;

2)	The type of liquid to be stored in each tank.

25.	The final disposal site for rainwater runoff;

26.	The EIS for projects requiring a permit for discharging pollutants
into bodies of water must include the following, as applicable in each
case:

a)	For discharges through outfalls below the water surface, a
bathymetric map showing the proposed route of the discharge and any
alternate routes considered and rejected and supporting data
substantiating the choice of the proposed route;

b)	For discharges into the sea, bays, estuaries or lakes, a study of
surface and subsurface currents, including data on their average
velocity and direction and an indication of the technology used for data
collection purposes;

c)	A map showing aquatic communities within a radius of 500 meters from
the discharge point into the sea, bay, estuary or lake and their
extension. For discharges into rivers or streams, a map of the entire
width of the waterway beginning 50 meters upstream from the discharge
point, including any tributary with a continuous flow into the segment
under examination, and ending 400 meters downstream;

d)	A qualitative and quantitative study of existing plankton and pelagic
and benthic species.

27.	The type of solid wastes involved (hazardous or non-hazardous) and
the weight or volume of wastes to be generated, stored, transported and
disposed of during the construction and operational phases of the
project;.

28.	Storage, transportation, treatment and disposal methods for the
wastes referred to in subsection 27 above;

29.	In the case of non-hazardous solid waste management and disposal
facilities, a written finding by the Solid Waste Authority establishing
that the proposed project is consistent with Puerto Rico(s Regional
Infrastructure Plan for the Recycling and Disposal of Solid Wastes;

30.	In the case of hazardous solid waste management facilities,
information on:

a)	The types of wastes to be managed by the facility;

b)	Proposed alternatives (reuse, recycling, reduction, treatment,
disposal);

c)	The criteria considered in the siting of the facility.

 

31.	Sources of atmospheric emissions and the estimated maximum capacity
of each source in convenient units, where applicable;

32.	Air pollution control equipment and/or measures;

33.	Estimated hazardous and yardstick air pollutant emissions or
emissions that contribute to the greenhouse effect, in tons per year;

34.	The establishment of a new major source or a major modification to
an existing emission source will require the filing of an air quality
impact assessment containing:

a)	Data demonstrating that the increase in permissible emissions from
the proposed major source or modification will not violate any National
Ambient Air Quality Standards (NAAQS);

b)	A description of the method used to establish the net increase in
emissions and significance levels;

c)	A description of the methods used to establish whether the proposed
source will affect a nonattainment area or contribute to the generation
of excess emissions of the pollutant for which the area was classified
as a nonattainment area in violation of any NAAQS;

d)	A study of alternate sites, production processes and environmental
monitoring techniques for the proposed source to be established in a
nonattainment area or likely to have a significant impact on such area,
explaining how and why the benefits of the proposed source outweigh the
environmental and social costs engendered by its siting or construction
in such area;

e)	Data demonstrating that the contemplated air pollution control
equipment or measure represents the best available control technology
(BACT) in the case of sources to be established in attainment areas and
the lowest achievable emissions rate (LAER) in the case of sources to be
established in nonattainment areas;

f)	A risk analysis for hazardous or toxic pollutant emissions based on a
reference method approved by the United States Environmental Protection
Agency or the Council on Environmental Quality.

35.	The demand for electric energy;

36.	The expected increase in motor vehicle traffic during the
construction and operational phases of the project;

37.	An environmental justice study, including the following
considerations:

a)	The breakdown of the local population by ethnic group;

b)	The breakdown of the local population by socioeconomic variables.

B.	The EIS must also discuss the environmental impact of the proposed
action, including the following considerations, where applicable:

1.	Human health and welfare, land uses, available infrastructure to
service the project, air and water quality, minerals, plant and animal
life, soils, floodplains, noise levels and objects or sites having
historic, archaeological or aesthetic value, with the discussion of each
of these issues proportional to their relative importance and the extent
to which they are liable to be affected by the proposed action; 

2.	A description and quantification of any pollutants liable to be
generated and/or emitted, dumped or otherwise discharged into the
environment in the course of the development, implementation and
operation of the proposed action;

3.	How the proposed action is consistent or inconsistent with the
objectives and specific terms and conditions of current land use plans,
applicable public policy and controls for the impacted area;

4.	In cases where the proposal involves a change in land use through
rezoning which could potentially open the door for significant
environmental impacts, an indication of the criteria serving as basis
for the rezoning decision and an examination of its potential impact on
any affected environmental and socioeconomic resources; 

5.	Any unavoidable significant adverse environmental impact engendered
by the implementation of the proposed action, and corresponding
mitigation measures;

6.	Justification of the proposed use of corresponding resources where it
is liable to interfere with other potential uses of such resources by
future generations. As custodian of the welfare of future generations,
the lead agency will discuss the proposed use of the resources in
question and justify any decision by weighing long-term losses against
short-term gains;

7.	Justification of any commitment of resources which could be
permanently destroyed as a result of the proposed action;

8.	Environmental, historic, cultural, archaeological and physiographic
elements or resources liable to be affected by the proposed action;

9.	Development plans liable to be affected by the decision or action
examined in the EIS;

10.	Important socioeconomic factors relating to the implementation or
nonimplementation of the proposed action, including temporary or
permanent jobs to be created in the course of the construction and
operation of the project;

11.	Energy needs and proposed mitigation measures for reducing energy
consumption.

C.	The EIS must compare the environmental impact of the proposed action
with that of any reasonable alternatives considered in such connection.
The lead agency will need to identify the selected alternative, as well
as to:

1.	examine each alternative considered at length, including the proposed
action, to enable anyone using the EIS to judge the merits of the
selected alternative and assess the grounds on which it was selected;

2.	examine, in depth, the alternative of the nonimplementation of the
proposed action;

3.	identify the selected alternative.

D.	The EIS must also include a list of the scientific experts assisting
with the preparation of the EIS, with an indication of their
qualifications.

E.	The EIS is to contain a list of all agencies, organizations or
individuals consulted on the project prior to the preparation of the EIS
and to which the document is to be distributed. Any comments emanating
from prior consultations are to be included in appendixes to the EIS.

F.	Where necessary to include highly specialized studies or data, such
information is to be incorporated in appendixes or bibliographic
references. All scientific findings presented in the EIS must be
supported by current, accurate data. Any materials incorporated in the
EIS as references are to be made available for inspection during the
prescribed commenting period.

G.	The EIS is to be accompanied by a letter of transmittal as prescribed
in Rule 216.A.1.

 ADVANCE \d6 

Rule 254	PROCEDURAL REQUIREMENTS

 tc \l5 "Rule 254	PROCEDURAL REQUIREMENTS 

A.	The lead agency will draw up a draft EIS and file it with the Council
on Environmental Quality and any other agencies involved in the proposed
action or project against the issuance of a corresponding receipt for
purposes of soliciting comments. It will also furnish the Council
Governing Board with a copy of the document in the prescribed electronic
file format.

B.	The draft EIS should be drawn up as early as possible in the
decision-making process, as prescribed by Rule 251.B of these
Regulations. Upon its completion, ten (10) copies of the draft EIS are
to be filed with the Council on Environmental Quality for review
purposes. The lead agency will be responsible for distributing copies of
the draft EIS to all the involved agencies and making it available for
public viewing at its own offices, at the mayor(s office in the
municipality in question and at the headquarters and regional offices of
the Council on Environmental Quality.

C.	The lead agency will be responsible for notifying the public of the
availability of the DEIS for inspection and of its right to comment on
such document, by publishing a one-time public notice in a newspaper of
general circulation. The lead agency will cover the cost of the
announcement and present the Council on Environmental Quality with a
certificate of publication, with a copy for all agencies receiving a
copy of the DEIS, within five (5) business days from the publication
date. The certificate is to be signed by the head of the lead agency,
the individual to whom he has delegated signature authority or the
responsible official for that agency. Other acceptable evidence of
publication of the aforesaid public notice is an affidavit attesting to
its publication from the newspaper in question or a copy of the page of
the newspaper containing the notice bearing the date of that edition of
the paper.

D.	The Council on Environmental Quality will make the environmental
document available to the public by posting it on the Internet. The date
of the document(s posting on the Internet should coincide with the date
of the appearance of the public notice required under Section C above.

E.	All consulted agencies or instrumentalities, with the exception of
the Council on Environmental Quality, will be required to submit their
comments directly to the lead agency, with a copy for the Council on
Environmental Quality, within thirty (30) calendar days from the date of
publication of the corresponding public notice, unless such deadline is
extended by the lead agency. All such agencies must comply with the
provisions of Rule 219 of these Regulations. The lead agency will report
any extension of the aforesaid deadline to all consulted agencies and
may grant a blanket extension of the commenting period applicable to all
interested agencies, including the Council on Environmental Quality.

F.	Comments by the general public are to be filed with the lead agency,
with a copy for the Council on Environmental Quality, within thirty (30)
calendar days from the date of publication of the notice of the
environmental document or any extension of this period granted by the
lead agency.

G.	The Council on Environmental Quality must file its comments within
fifteen (15) calendar days from the end of the thirty (30) day public
commenting period.

H.	Upon the conclusion of the public consultation procedure, the
Governing Board will review the adequacy of the environmental document
and issue a determination:

1.	requiring the lead agency to file an updated EIS when deemed
necessary to make a proper assessment of the environmental impact of the
proposed action or to examine the potential environmental impact of any
changes in the proposed action; 

2.	instructing the lead agency to draw up a final EIS discussing the
comments formulated by each consulted agency, by the public and the
Council on Environmental Quality and indicating any necessary
modifications to the proposed action in the light of such comments; or

3.	directing the lead agency to consider the draft EIS as constituting a
final EIS in cases where such document has met all requirements under
Rule 254-1.

The Board will serve notice of its determination to the lead agency in
an interlocutory order.

I.	The Council on Environmental Quality may direct the lead agency to
consider the draft EIS as constituting a final EIS under Rule 254.H.3
subject to its compliance with each of the following conditions:

1.	The draft EIS must meet all requirements under Article 4(C) of Law
No. 9 of June 18, 1970, as amended, and the present Regulations;

2.	The preparation of a final EIS would simply duplicate the information
contained in the draft EIS;

3.	There are no substantive comments to be discussed in a final EIS.

J.	The lead agency will draw up a final EIS where instructed to do so by
the Council Governing Board, as prescribed in Section H above.

K.	The lead agency must file the final EIS with the Council on
Environmental Quality within a period of one year from the date of
service of the interlocutory order by the Council Governing Board
enjoining it to draw up a final document. Failure by the lead agency to
file a final EIS within the aforesaid one-year period will cause the
Board to shelve the case.

L.	The Council on Environmental Quality Governing Board may use its
discretional authority to extend such deadline upon the receipt of a
request for an extension from the lead agency prior to the lapsing of
the original deadline.

M.	Once the case has been shelved, should the lead agency decide to
proceed with the action, it will be required to refile the draft EIS.

N.	The Council on Environmental Quality Governing Board will review the
final EIS and make a determination as to whether the filing and
processing of such document by the lead agency satisfy the requirements
of Article 4-C of the Environmental Policy Act and will notify the lead
agency of its finding in a final resolution to such effect.

O.	Should the Board find that the document satisfies the requirements of
the Environmental Policy Act and the Regulations issued thereunder, it
will pass a final resolution directing the lead agency to release the
final EIS and publish the notice described in section P below.

P.	The lead agency will be required to notify the public of the release
of the final EIS by publishing a one-time notice of the availability of
such document for public viewing at its own offices, at the mayor(s
office in the corresponding municipality and at the offices of the
Council on Environmental Quality in a single newspaper of general
circulation, as prescribed in Rule 260 of these Regulations. The notice
must also indicate that the Council on Environmental Quality has issued
a determination of compliance with Article 4-C of the Environmental
Policy Act with respect to the final EIS and that the prescribed time
limit for filing motions for reconsideration and/or petitions for
judicial review of the final resolution passed by the Council and the
determination by the lead agency begins as of the date of the
publication of such notice.

Q.	The final EIS must be released no later than thirty (30) calendar
days prior to the commencement of the proposed action. The date of
release of the final EIS is the publication date of the notice or
notification of its availability.

 ADVANCE \d6 

Rule 255	SPECIAL PROVISIONS

 tc \l5 "Rule 255	SPECIAL PROVISIONS 

A.	Proposals for an incremental project or action designed to be
implemented in different phases will require the preparation of an
environmental document covering the entire project, discussing the major
components of each individual phase as well as the project as a whole.

B.	The DEIS will need to be updated in the event of the emergence of any
additional information in the course of the review process pointing to a
potentially significant environmental impact. The amended document is
referred to as an updated draft EIS (updated DEIS).

C.	This update must be filed with all previously consulted agencies and
any other agency whose involvement in the process is necessitated by the
nature of such update and disclosed to the public as prescribed in Rule
260 of these Regulations.

D.	The deadlines for filing comments on an updated DEIS are as specified
in Rules 254.E, 254.F and 254.G of these Regulations.

E.	The Council on Environmental Quality and any other commenting agency
may solicit additional information on or an update of a DEIS when deemed
necessary for a proper assessment of the environmental impact of the
proposed action.

F.	The lead agency will be responsible for amending the final EIS in
the event of any major changes in a proposed action for which a final
EIS has already been processed, that have a potentially significant
environmental impact. The amendment of a final EIS will require the
publication of a new public notice as prescribed in Rule 254.C. The
deadlines for filing comments are as specified in Rules 254.E, 254.F,
254.G and 254.P of these Regulations.

G.	In the event of any major changes in the original design of a project
for which a final EIS has already been processed, the lead agency must
determine whether the contemplated change requires the preparation of a
new EIS or an amendment of the existing FEIS. The preparation of a new
EIS will require repeating the process from the beginning. Any amendment
of the final EIS must meet the requirements imposed under Rule 255.F.

 ADVANCE \d6 

Rules 256 to 259	Reserved

 tc \l5 "Rules 256 to 259	Reserved 

Chapter 6.  Notices and notifications

 ADVANCE \d6 

Rule 260	CONTENT OF PUBLIC NOTICES

 tc \l5 "Rule 260	CONTENT OF PUBLIC NOTICES 

The notices and notifications required under these Regulations must
contain the following minimum information:

A.	The name of the lead agency and the responsible official and a
corresponding telephone number;

B.	The private promoter of the action in question (where applicable);

C.	The nature of the matter or proposed action;

D.	The location and scope of the proposed action;

E.	A short list of documents, reports or other information that will be
made available to the public;

F.	The location for viewing the aforesaid documents (these must be
available for inspection as of the date of the publication of the
corresponding notice);

G.	A notification to the effect that the public has thirty (30) days
from the publication of the notice in which to comment on the document,
and of its right to request a public hearing. This provision does not
apply to a final EIS.

H.	Notices of the granting or conduct of a public hearing are to contain
all the aforesaid information, plus the date, time and location of the
hearing.

 ADVANCE \d6 

Rule 261	OBLIGATION TO PROVIDE COPIES

 tc \l5 "Rule 261	OBLIGATION TO PROVIDE COPIES 

The lead agency will supply copies of the environmental document upon
request, in accordance with established internal procedures for the
delivery of copies of public documents to interested parties, including
procedures for defraying the corresponding costs. Likewise, it will
furnish the Council on Environmental Quality with a copy of the
environmental document in the prescribed electronic file format.

 ADVANCE \d6 

Rule 262	RESPONSIBILITY FOR THE PUBLICATION OF NOTICES

 tc \l5 "Rule 262	RESPONSIBILITY FOR THE PUBLICATION OF NOTICES 

The responsibility for the drafting and publication of notices and
notifications lies with the lead agency, which will furnish commenting
agencies with proof of their publication as prescribed in Rule 254.C.

 ADVANCE \d6 

Rule 263	AGENCY IDENTIFICATION

 tc \l5 "Rule 263	AGENCY IDENTIFICATION 

Public notices relating to the processing of environmental documents
must bear the logo of the lead agency and the Council on Environmental
Quality.

 ADVANCE \d6 

Rules 264 to 269	Reserved

 tc \l5 "Rules 264 to 269	Reserved  ADVANCE \d6 Chapter 7.  Public
hearings

 tc \l5 "Chapter 7.  Public hearings 

 ADVANCE \d6 

Rule 270	CONDUCT OF PUBLIC HEARINGS

 tc \l5 "Rule 270	CONDUCT OF PUBLIC HEARINGS 

A.	The Council on Environmental Quality Governing Board may hold public
hearings on any matter or action relating to these Regulations as it
deems necessary. The lead agency may hold public hearings in any cases
and on any actions where such a step is deemed advisable. Public
hearings may be conducted at any time subsequent to the preparation and
release of a draft EIS and any information obtained in the course of
such hearings must be taken into consideration in drawing up the final
EIS.

B.	Public hearings held by the Council on Environmental Quality on
matters governed by these Regulations are informal investigatory
proceedings to be conducted according to the provisions of Rule 26 of
Council Regulations for the Conduct of Administrative Hearings.

 ADVANCE \d6 

Rule 271	CONSIDERATIONS

 tc \l5 "Rule 271	CONSIDERATIONS 

The following factors will be taken into consideration by the Governing
Board in determining whether a given matter or action requires the
holding of public hearings:

A.	The nature and magnitude of the anticipated environmental impact, the
size of the investment, the type of geographic area in question and the
natural resources committed to the proposed action;

B.	The extent of the interest expressed by the public, the Council on
Environmental Quality and other government agencies in the proposed
action, based on a reasonable expectation that public hearings will
provide the lead agency with information helping it to discharge its
environmental responsibilities with respect to such action.

 ADVANCE \d6 

 tc \l5 "  ADVANCE \d6 Rule 272	NOTIFICATION

 tc \l5 "Rule 272	NOTIFICATION 

The public is to be notified of the date, time, location and purpose of
the scheduled hearing as required under Rule 260 of these Regulations by
means of the publication of a one-time notice in a newspaper of general
circulation at least thirty (30) calendar days prior to the scheduled
date of the hearing. The publication of such a notice will suspend any
proceeding or deadline prescribed or set by these Regulations until the
public hearing process has been concluded.

 ADVANCE \d6 

Rule 273	PROCEDURE FOR THE CONDUCT OF PUBLIC HEARINGS

 tc \l5 "Rule 273	PROCEDURE FOR THE CONDUCT OF PUBLIC HEARINGS 

A.	Public hearings conducted under the provisions of these Regulations
are informal and investigatory in nature. 

B.	The Council Governing Board may personally conduct hearings as
prescribed by these Regulations or may delegate such responsibility to
an examining board. The examining board will consist of one or more
individuals appointed by the Governing Board to serve in the capacity of
examining officials. The Governing Board will be responsible for
deciding which of the examining officials will preside over the hearing.

C.	Examining boards consisting of more than one member are to include at
least one attorney and a minimum of one expert in areas relevant to the
proposed action.

D.	The examining board will have the authority to oversee, coordinate or
intervene in all matters relating to any hearings which it is charged to
conduct by the Governing Board.

E.	All public hearings held under the provisions of these Regulations
are to be conducted in accordance with the rules of procedure
established in Rule 26 of the Rules of Procedure for the Conduct of
Administrative Hearings by the Council on Environmental Quality.

 ADVANCE \d6 

Rule 274	POST-HEARING PROCEDURE

 tc \l5 "Rule 274	POST-HEARING PROCEDURE 

A.	The examining board appointed by the Council Governing Board to hold
a public hearing on any matter governed by these Regulations will be
required to report back to the Board within forty-five (45) days from
the deadline set by the examining board for the filing of comments
relating to the public hearing process, unless it has requested and
obtained an extension of this deadline from the Governing Board.

B.	The Board will review and may accept, amend or reject the report
presented by the examining board, making what it considers to be an
appropriate determination and serving notice of its decision in a
resolution to such effect. Resolutions passed by the Board with respect
to a DEIS will take the form of an interlocutory order directing the
lead agency to proceed as prescribed by the provisions of Rule 254.H of
these Regulations.

 ADVANCE \d6 

Appendix - Certification

 tc \l5 "Appendix - Certification 

CERTIFICATION

I, the undersigned, ______________________________, the designated
responsible official for the
____________________________________________, have evaluated, reviewed
and accepted the information presented in the environmental document
drawn up by __________________________________.

I HEREBY ATTEST TO THE FOLLOWING as regards the aforesaid project and
its corresponding environmental document:

1.	All information presented in the environmental document is TRUE,
CORRECT AND COMPLETE, to the best of my knowledge and belief. 

2.	I HEREBY AFFIRM AND ACKNOWLEDGE the consequences of the inclusion and
submission of any incomplete, inconclusive or false information and data
in such document.

I witness whereof, I hereunto set my hand to this certificate in
_____________, Puerto Rico, on  this ____ day of __________________.

Signature

Certification/4-C

COMMONWEALTH OF PUERTO RICO

COUNCIL ON ENVIRONMENTAL QUALITY

OFFICE OF THE GOVERNOR

Title of the Regulations:	Regulations for the Filing, Evaluation and
Processing of Environmental Documents

Date approved:				June 10, 2002

[signed]

ESTEBAN MUJICA COTTO

Chairman

 PAGE  39 

