March 28, 2002

Esteban Mujica Cotto, Esq.

President

Puerto Rico Environmental Quality Board

P.O. Box 11488

San Juan, Puerto Rico 00910-1488

Dear Mr. Cotto:

The U.S. Environmental Protection Agency (EPA) has completed its review
of the revisions to the Puerto Rico Water Quality Standards Regulation
(PRWQSR) under Resolution Number 90-26-1. These revisions, except for
the required certification of the Commonwealth=s Secretary of Justice
(Attorney General), were sent to EPA by the Puerto Rico Environmental
Quality Board (PREQB) on September 21, 1990. These revisions were
adopted by the Commonwealth and became effective on October 27, 1990. In
taking this action, EPA considered the following documents submitted in
connection with the revised PRWQSR:

1.  the certification from the Commonwealth=s Secretary of Justice Ms.
    Anabelle Rodriguez (Attorney General) that the standards were duly
    adopted pursuant to Commonwealth law, such certification dated
    January 8, 2002 and submitted to EPA on February 25, 2002;

2.  the applicable notices from the El Nuevo dia and the San Juan Star
    (dated February 24, 1990, February 25, 1990, March 9, 1990, March
    10, 1990, and September 15, 1990).

3.  Responsiveness Summary to the comments received during public
    hearings on May 2 and 3, 1990 and July 12 and 13, 1990 (dated
    October 2, 1990).

Under Section 303(c) of the Clean Water Act (CWA), 33 U.S.C. \' 1313(c),
states are required to conduct a triennial review of their water quality
standards and submit any new or revised standards to EPA for review.
Federal regulations at 40 C.F.R. \'\' 131.21 and 131.22 implement these
requirements. Puerto Rico=s previous review and revision of its water
quality standards regulations were completed and adopted November 5,
1987. As part of the 1990 review process, PREQB held four public
hearings to receive public input and comment on the

proposed revisions to the PRWQSR on May 2 and 3, 1990 and July 12 and
13, 1990. EPA did not receive the Attorney General=s certification
required under 40 CFR 131.6(e) until February 25, 2002. EPA considers
the adoption of revisions to the PRWQSR, along with the public review
and comment process, to constitute the Commonwealth=s triennial review
of water quality standards. Based on our review, PREQB=s procedures are
consistent with, and satisfy the procedural requirements of 40 C.F.R. \'
131.20.

The following constitute the revisions which are being addressed under
this action. These revisions enhance the Puerto Rico water quality
standards, and represent improvements in the PRWQSR.

-   revisions to the Puerto Rico antidegradation policy, which are
    approved as being consistent with the requirements under 40 C.F.R.
    \' 131.12;

-   the adoption of several new and revised definitions (Article 1),
    which are approved as being consistent with the requirements under
    40 C.F.R. \' 131.3;

-   the inclusion of wetlands in the definition of AWaters of Puerto
    Rico@ (Article 1), which is approved as being consistent with the
    requirements under 40 C.F.R. \' 122.2;

-   revisions to further clarify the geographic applicability of the
    water body classifications in Puerto Rico (Classes SA, SB, SC, SD,
    SE and SG) (Article 2.1 - 2.3), which are approved as being
    consistent with the requirements under 40 C.F.R. \' 131.6(a) and, 40
    C.F.R. \' 131.10(a);

-   the revision of the narrative criteria for Asolids and other
    matter,@ and Acolor, odor, taste and turbidity@ (Articles 3.1.1 and
    3.1.2) to specify the protection of existing and designated uses,
    which are approved as being consistent with the requirements under
    40 C.F.R. \' 131.6(c) and, 40 C.F.R. \' 131.11(a);

-   the revision of the ambient temperature criterion (Article 3.1.4
    (A)) to lower the highest allowable temperature from 94^o^ F to
    90^o^F, which is approved as being consistent with the requirements
    under 40 C.F.R. \' 131.6(c) and, 40 C.F.R. \' 131.11(a);

-   the adoption of narrative criteria for Abiochemical oxygen demand@
    and Aoil and grease@ (Articles 3.1.6 and 3.1.8), which are approved
    as being consistent with the requirements under 40 C.F.R. \'
    131.6(c) and, 40 C.F.R. \' 131.11(a);

-   the revision of the narrative criteria for Asubstances in toxic
    concentrations and synergistic toxic effects@ (Article 3.1.9) to
    include synergistic effects, which is approved as being consistent
    with the requirements under 40 C.F.R. \' 131.6(c) and, 40 C.F.R. \'
    131.11(a);

-   the adoption of new or revised chemical-specific numeric criteria
    for the following toxic pollutants in Asurface waters:@cadmium,
    copper, lead, nickel, aldrin, dieldrin, chlordane, DDT and
    metabolites, endosulfan, endrin, lindane, toxaphene, chloropyrifos,
    2,4-D, parathion and dichlorobenzenes (Articles 3.1.9(A),(B) and
    (C)), which are approved as being consistent with the requirements
    under 40 C.F.R. \'131.11;

-   the adoption of new or revised chemical-specific numeric criteria
    for the following toxic pollutants in Acoastal/estuarine waters:@
    aldrin, dieldrin, chlordane, DDT and metabolites, endosulfan,
    endrin, lindane, toxaphene, chloropyrifos and dichlorobenzenes
    (Articles 3.1.9(A),(B) and (C)), which are approved as being
    consistent with the requirements under 40 C.F.R. \'131.11; and,

-   the revision of the color criterion for Class SD waters from 10 to
    15 units according to the colorimetric platinum-cobalt standard
    (Article 3.2.4.B.4), which is approved as being consistent with the
    requirements under 40 C.F.R. \' 131.6(c) and, 40 C.F.R. \'
    131.11(a).

By this letter, I am pleased to approve the above revisions to the
PRWQSR, pursuant to Section 303(c) of the CWA. I am also approving the
temporary exemption provisions in Article 9 of PRWQSR. This latter
approval is based in part on the March 15, 2002 letter from Ms. Ivonne
Santiago, Director of the Water Quality Area, to Ms. Kathleen C.
Callahan, Director of the Division of Environmental Planning and
Protection. In this letter PREQB stated that any approval by the
Commonwealth of a temporary exemption (variance) will comply with the
following terms and conditions: (1) the application will contain a
justification for the requested variance consistent with 40 C.F.R. \'
131.10(g)(6), that the costs necessary to comply with the relevant water
quality standard(s) would result in substantial economic and social
impacts; (2) the variance shall be adopted only after completion of a
public participation process, in conformity with Puerto Rican law and/or
regulation, as would apply to any revision to the PRWQSR; (3) the
variance shall be submitted for EPA review and approval as a change to
water quality standards before it may take effect (40 CFR 131.21); and
(4) if approved, the variance shall be published in the PRWQSR.
Publication of a temporary, case-by-case variance in the PRWQSR may
occur during the following update or printing of the PRWQSR. Also, I
note that such variances will be implemented only in the context of a
NPDES permit action, and that EPA is at present the permitting authority
for NPDES permit issuance in Puerto Rico. In issuing NPDES permits in
Puerto Rico, EPA intends to exercise such authority only upon compliance
with all of the above four elements. Finally, it is my understanding
that PREQB has included all of EPA=s requested changes to Article 9 in
its February 2002 proposed revisions to the PRWQSR. Once PREQB has
officially adopted these revisions and submits them to EPA, we will
review and take action on them.

EPA is not taking action on the criteria for the following substances:
Asbestos (Article 3.1.7); beryllium (Class SD waters), manganese (Class
SD waters), and nickel (Class SB and SC waters) (Article 3.1.9(A));
pentachlorophenol (Article 3.1.9(B); benzene, vinyl chloride,
1,2-dichloroethane, 1,1-dichloroethylene, tetrachloroethylene, carbon
tetrachloride, 1,1,1-trichloro-ethane, and tricholoroethylene (Article
3.1.9(C); and, total ammonia (Article 3.2.4(B)(13), since these criteria
were stayed by PREQB on August 17, 1990. Because these criteria were
stayed, they do not constitute Arevised or new@ standards subject to
review under section 303(c)(2)(A) of the Clean Water Act.

In addition, EPA is not taking action pursuant to Section 303(c) of the
CWA on Article 10 of the PRWQSR, since this section addresses the
development and implementation of

wasteload allocations (WLAs), which is an implementation provision
related to total maximum daily loads (TMDL) under Section 303(d) of the
CWA, rather than an element of Section 303(c) of the CWA relating to
water quality standards. EPA=s TMDL staff will work with PREQB staff to
identify and address any remaining concerns related to PREQB=s TMDL/WLA
development and implementation procedures in Article 10 of the PRWQSR.

EPA Region II looks forward to continuing to work with PREQB to further
improve the PRWQSR. In a January 14, 2002 letter from Ms. Callahan to
Ms. Santiago, EPA provided PREQB with the results of EPA=s review of the
2002 draft revisions to the PRWQSR. Under separate cover, EPA will
identify any further additions, deletions or modifications which may be
required to bring the PRWQSR into full compliance with the CWA and its
implementing regulations.

If you have any questions, please call me at (212) 637-5000 or have your
staff contact Ms. Kathleen C. Callahan, Director, Division of
Environmental Planning and Protection at (212) 637-3725.

Sincerely,

Jane M. Kenny

Regional Administrator

cc: Ivonne Santiago, PREQB

Ruben Gonzalez, PREQB

bcc: Jose Font, PREQB

Ariel Iglesias, PREQB

Carl-Axel Soderberg, CEPD

William Morrow, OST

Marjorie Pitts, OST

M.E. Levine, OGC

Kathleen Callahan, DEPP

Kevin Bricke, DEPP

Walter Mugdan, ORC

Warren Llewellyn, ORC

Richard Weisberg, ORC

Mario Del Vicario, CEPB

Felix Locicero, CEPB

Wayne Jackson, CEPB

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