PUERTO RICO ENVIRONMENTAL QUALITY
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ANTI-DEGRADATION POLICY IMPLEMENTATION PROCEDURE

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

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

?.  General Policy Statement:

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

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

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

        i.  All Non-Point sources of pollutant

        ii. Underground Storage Tanks

        iii. Underground Injection Facilities

        iv. **Confined Animals Feeding Operations**?? **(Why is this
            exempt)**

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

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I.  Definitions

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

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    a.  High Quality Waters:

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

    b.  Outstanding Natural Resources Waters (ONRW):

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

II. Anti-degradation Review Procedure

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

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

f.  Determine which level of anti-degradation applies

    1.  Tier 1 B Protection of **Existing and** Designated Uses

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    ?.  Tier 2 B Protection of High Quality Waters

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    i.  Tier 3 B Protection of Outstanding Natural Resources Waters

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

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

    ii. Treatment technologies applied to the pollutants to be
        discharged.

    iii. Nature of business.

    iv. Daily maximum and average flow to be discharged.

    v.  Effluent characterization.

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

    vii. Location of the point of discharge.

    viii. Receiving waterbody name.

    ix. Water quality data of the receiving waterbody.

    x.  Receiving waterbody minimum flow (7Q~2~ and 7Q~10~) for stream
        waters.

    xi. Location of Water intakes within the waterbody.

    xii. Any other necessary information required by the PRWQSR.

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

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

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

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

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

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III. Implementation Procedures

     t.  Activities Regulated by NPDES Permits

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

             18792. Tier 1 waters are:

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

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

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

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

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

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         i.  Tier 2 B Protection of High Quality Waters (Figure 2):

             19308. To verify that a waterbody is a high quality water
                    for a parameter of concern which initiates a Tier 2
                    anti-degradation review, the WQA must evaluate:

                    a.  the existing water quality of the waterbody;

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

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

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

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

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

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

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

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

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

> The EQB will allow the discharge of dredged or fill material into a
> waterbody if it can be demonstrated that such discharge will not have
> an unacceptable adverse impact either individually or in combination
> with other activities affecting the waterbody of concern. The impacts
> to waterbodies due to the discharge of dredged or fill material should
> be avoided, minimized and mitigated.
>
> The discharge of dredged or fill material shall not be certified if
> there is a practicable alternative to the proposed discharge which
> would have less adverse impact on the aquatic ecosystem, so long as
> the alternative does not have other more significant adverse
> environmental consequences. Activities which are not water dependent
> are presumed to have practicable alternatives, unless the applicant
> clearly demonstrates otherwise. No discharge of dredged and fill
> material shall be certified unless appropriated and practicable steps
> have been taken which minimize potential adverse impacts of the
> discharge on the aquatic ecosystem.

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