June 26, 2003

Esteban Mujica Cotto, Esq.

President

Puerto Rico Environmental Quality Board

P.O. Box 11488

San Juan, Puerto Rico 00910-1488

Dear Mr. Mujica:

The U.S. Environmental Protection Agency (EPA) has completed its review
of the revisions to the Puerto Rico Water Quality Standards Regulation
(PRWQSR) dated March 2003. These revisions were adopted by the Puerto
Rico Environmental Quality Board (PREQB), and submitted to EPA, on March
28, 2003. They became effective on June 5, 2003. By letter dated May 28,
2003, and received by EPA on June 11, 2003, Puerto Rico=s Secretary of
Justice certified that the 2003 revisions had been adopted in accordance
with the law of the Ccommonwealth. In taking this action, EPA considered
the following documents submitted in connection with the revised PRWQSR:

1.  the letter from the Commonwealth=s Secretary of Justice, Ms.
    Anabelle Rodriguez (Attorney General), certifying that the standards
    were duly adopted pursuant to Commonwealth law (dated May 28, 2003);

2.  the applicable notices from the El Vocero, and the San Juan Star
    (both dated February 6, 2002);

3.  PREQB=s Resolution and Notification R-03-5 regarding the amendments
    to the PRWQSR (dated March 31, 2003); and,

4.  The Responsiveness Summary (Hearing Examiner=s report) on the
    comments received during the public comment period and at the public
    hearing held on March 6, 2002 (dated March 25, 2003).

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. \'\' 131.20-131.22 implement these
requirements. Puerto Rico=s previous review and revision of its water
quality

standards regulations were adopted on July 20, 1990, and became
effective on October 27, 1990. As part of the review process on the 2003
revisions, PREQB held a public hearing on March 6, 2002 to receive
public input and comment on the proposed revisions to the PRWQSR. EPA
considers the adoption of the 2003 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 PRWQSR, and represent
improvements in the PRWQSR.

-   revisions to the Puerto Rico antidegradation policy, to include the
    protection of threatened and endangered species, which are approved
    as being consistent with the requirements under 40 C.F.R. \' 131.12;

```{=html}
<!-- -->
```
-   the adoption of several new and revised definitions (Article 1),
    including the definitions of Aacute effect, existing uses, natural
    background concentration, pollutant, primary contact, and sewage,@
    as well as the deletion of Apollute,@ which are approved as being
    consistent with the requirements under 40 C.F.R. \' 131.3;

```{=html}
<!-- -->
```
-   the reclassification of 10 bays/estuaries, which were previously
    classified as Class SC waters to Class SB (Article 2.1.3), which are
    approved as being consistent with the requirements under 40 C.F.R.
    \' 131.10(a) - (e);

-   the inclusion of the term Awetlands@ in the introductory paragraph
    regarding the applicability of the Commonwealth=s general water
    quality standards to the waters of Puerto Rico (Article 3), which is
    approved as being consistent with the requirements under 40 C.F.R.
    \' 122.2;

-   the adoption of numerous chemical-specific numeric criteria for
    toxic pollutants of concern in the Commonwealth (Article 3.1.9 (A) -
    (E)), as required by Section 303(c)(2)(B) of the CWA, which are
    approved as being consistent with the requirements under 40 C.F.R.
    \'131.11.

-   the inclusion of the protection of threatened or endangered species
    as a designated use for Class SB, SC and SD waters (Articles 3.2.2 -
    3.2.4), which is approved as being consistent with the requirements
    under 40 C.F.R. \' 131.10(a);

-   the revision of the fecal coliform criteria for Class SD waters
    (freshwaters) from 2000/100ml (geometric mean) to 200/100ml, and
    4000/100ml (not to exceed) to 400/100ml, 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);

-   revisions which further clarify the Commonwealth=s policy on the
    requirements for point sources to discharge to intermittent streams
    (Article 4.3.L and 4.5.1.B), which are approved as being consistent
    with the requirements under 40 C.F.R. \' 131.13;

-   a revision to the mixing zone policy stating that mixing zones shall
    not be located areas which are habitat for threatened or endangered
    species (Articles 5.4.11), which is approved as being consistent
    with the requirements under 40 C.F.R. \' 131.13;

-   revisions to the provisions for the granting of temporary exemptions
    (variances) to specify that any approval by the Commonwealth of a
    temporary exemption will comply with the following terms and
    conditions: (1) the application must 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
    C.F.R. 131.21); and (4) if approved, the variance shall be published
    in the PRWQSR. (Article 9). These revisions are approved as being
    consistent with the requirements under 40 C.F.R. \' 131.13; and,

-   inclusion of applicable technical, administrative, and/or editorial
    corrections or clarifications to existing provisions throughout the
    PRWQSR, which are approved as being consistent with the requirements
    under 40 C.F.R. \' 131.3.

By this letter, I am pleased to approve the above revisions to the
PRWQSR pursuant to Section 303(c) of the CWA. Based upon EPA\'s review,
it has been determined that all of the new and revised human health and
aquatic life criteria adopted by PREQB in Article 3.1.9 (a) - (e) meet
the requirements of the National Toxics Rule (NTR). Therefore, these
water quality criteria are approved as consistent with 40 C.F.R. \'
131.11. EPA will begin the process of withdrawing Puerto Rico from the
NTR for all such water quality criteria.

EPA initiated consultation with the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service (Services) on July 17, 2002, under
Section 7(a)(2) of the Endangered Species Act. Section 7(a)(2) requires
that federal agencies, in consultation with the Services, insure that
their actions are not likely to jeopardize the existence of federally
listed species or result in the adverse modification of designated
critical habitat of such species. In a letters dated May 27, 2003 and
December 5, 2002, respectively, the U.S. Fish and Wildlife Service and
the National Marine Fisheries Service provided written concurrence that
the revisions to the PRWQSR are not likely to adversely affect
threatened/endangered species (Enclosures 1 and 2).

EPA Region II looks forward to continuing to work with PREQB to further
improve the PRWQSR. If you have any questions, please call me at (212)
637-3725 or have your staff contact Mr. Mario Del Vicario, Chief,
Community and Ecosystem Protection Branch at (212) 637-3779.

Sincerely,

Walter Mugdan, Director

Division of Environmental Planning

and Protection

Enclosures

cc: Ruben Gonzalez, PREQB

bcc: Carl-Axel Soderberg, CEPD

Jim Keating, OST

Cara Lalley, OST

M.E. Levine, OGC

Kevin Bricke, DEPP

Warren Llewellyn, ORC

Richard Weisberg, ORC

Mario Del Vicario, CEPB

Felix Locicero, CEPB

Wayne Jackson, CEPB

**G:\\\...\\SWQB\\TES\\WQS\\PR\\prwq.approv03.wpd**