UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEW YORK, NY 10007-1866

AUG 0 4 2010

Pedro J. Nieves Miranda, Esq.

Chairman

Puerto Rico Environmental Quality Board

P.O. Box 11488

San Juan, Puerto Rico 00910-1488

Dear Mr. Nieves Miranda:

The U.S. Environmental Protection A gency (EPA) has completed its review of the revisions to

the Puerto Rico Water Quality Standards Regulation (PRWQSR) dated March 2010. The Puerto

Rico Environmental Quality Board (PREQB) adopted the PRWQSR on March 29, 2010. They

were submitted to EPA on May 5, 2010. The submission was accompanied by a letter, dated

April 27, 2010 from Attorney General Guilknno A. Somoza Colombani, which certified that the

PRWQSR, as amended in March 2010 was duly adopted pursuant to Commonwealth law, as

delined in 40 CFR 131.3. In taking this action, EPA considered the following documents

submitted in connection with the revised PRWQSR:

1. the letter from Attorney General Guillermo A. Somoza Colombani, certifying that

the standards were duly adopted pursuant to State law, as defined in 40 CFR

131.3. (dated April 27, 2010);

the Fact Sheet for Proposed Amendments to the PRWQSR;

the applicable notices from two newspapers: "Puerto Rico Daily Sun" and

"El Vocero" (dated August 28, 2009); and,

the English translation of the Response to Comments summary document

(dated July 20, 2010)

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 were

adopted and became effective on March 28, 2003. As part of the review process on the 2010

revisions, PREQB held a public hearing on September 30, 2009 to receive public input and

comment on the proposed revisions to the PRWQSR. EPA considers the adoption of the 2010

revisions to the PRWQSR, along with the public review and comment process, to constitute the

State's triennial review of water quality standards. Based on our review, PREQB's procedures

are consistent wi th, and satisfy the procedural requirements of 40 C.F.R. § 131.20.

Internet Address (URL) • http.//www.epa.gov

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The following constitute the revisions which arc being addressed under this action. These

revisions enhance the PRWQSR, and represent improvements in the PRWQSR. The revisions

are separated into three categories based upon the applicable EPA action.

1. Revisions which are Approved Pursuant to Section 303(c) of the CWA

All Rules: Changes were made to the codification of the Articles and Sections of the

PR WQSR according to the Draft of the Code of Environmental Regulations of the

Environmental Quality Board. These changes are approved as being consistent with the

general requirements under 40 C.F.R. § 131.

Rule 1300: "Title, Legal Basis, Declaration of Coals and Purpose, and

Anti-Degradation Policy" — the modifications include the following:

. Revision of Title of the Rule;

Revision of " Legal Basis" section (Rule 1300.2);

Modification of "Declaration of Goals and Purposes" section for purposes of clarity

(Rule 1300.2);

Modification of "Anti-Degradation Policy" section for purposes of clarity (Rule 1300.4);

and,

Modification of Rule 1300.4 to include the Environmental Quality Board

Anti-degradation Policy Implementation Procedure as an attachment to the Regulation.

All of the above modifications are approved as being consistent with the requirements under

40 C.F.R. § 131.12

Rule 1301: "Definitions" — the modifications include the following:

I. Clarification of the following terms: Acute Effect. Acute Toxicity Units, Applicable

Rules and Re gulations, Board, Biochemical Oxy gen Demand. CFR, Chronic Toxicity

Unit. Coastal Waters. Coliform Groups, Criteria Maximum Concentration. Diffuser.

Dilution, Dissolved Oxygen, Dye Test, Emergency Plan of Puerto Rico, Estuary,

Emergency Plan, Enterococcus, Habitat, Hazardous Solid Waste, Hazardous Substances,

Indirect Discharge, Lethal Concentration, Mixing Zone, Mixing Zone and Bioassay

Guidelines. Natural Background Concentration. Natural Causes, No Observed Effect

Concentration (NOEL), Objectionable Odor, Planktonic Species, Point Source, Pollutant.

Pollution, Pollution Source, Primary, Contact, Propagation and Preservation of Desirable

Species. Public Policy Environmental Act, Recharge Area, Secondary Contact. Secondary

Treatment, Sequentially, Sewage. Solids Wastes, Standards Methods, Submerged or

Ocean Outfall. Thermal Discharge, Toxic Substances. Waste Load Allocation,

Waste Load Allocation Guidelines. and Water Pollutant Control Facilities or Equipment:

2. Deletion of the following terms: Acute Bioassay. Bioassay, Chronic Bioassay,

Conservative Pollutant, Contaminant. Load Allocation, ',MBAS, and Total Maximum

Daily Load. Water Pollutant;
3

Inclusion of the following terms: Acute Toxicity Test, Chronic Toxicity Test, Effect

Concentration, EC50, Harmonic Mean Flow, Hydrologically-based Design Flow,

Methylene Blue Active Substances, National Pollutant Discharge Elimination System

(NPDES). No Observed Effect Concentration, Non-point Source Loads. Public Nuisance.

Total Allowable Pollutant Load, Toxicity Test; and

Rule 1301.2 - inclusion of "Acronyms" section.

All of the above modifications are approved as being consistent with the requirements under

40 C.F.R. § 131.3.

Rule 1302: "Classification of Waters of Puerto Rico According to the Designated

Uses to be Protected" - the modifications include the following:

Inclusion of the expression of the distances as both meters and miles (Rules 1302.1(A),

(B) and (C));

Extension of the applicability of the Classes S13 and SC (Rules 1302.1(8) and (C));

Clarification that the Class SC classification applies to both estuarine and coastal water

segments (Rule 1302.1(C); and,

Clarification and expansion of the description of Class SE (Rule 1302.2(B)).

All of the above modifications are approved as being consistent with the requirements under

40 C.F.R. § 131.10. However. EPA notes that Rule 1302.1.0 specifies that the Class SC

designation extends seaward to 10.35 nautical miles. I would like to clarify that because

Commonwealth jurisdiction under the Clean Water Act (CWA) is limited to "navigable waters"

of the United States, including territorial seas which extend only three miles seaward, EPA's

approval of the above-referenced provisions is limited to their applicability to the territorial seas.

Rule 1303: "Water Quality Standards and Use Classifications to he protected in the

Waters of Puerto Rico" - the modifications include the following:

I. Clarification of the applicability of the natural background concentration

(Rule /303 (C));

Deletion of the term -General" from the title of Rule 1303.1 to adjust it with the content

of the Rule;

Modifications of Rule 1303.1 (0(1) "Specific Water Quality Standards for Inorganic

Substances" to: (1) modify titles for the columns in the Table for purposes of clarity,

(2) adopt new water quality standards (to protect human health) for Nitrite (as N) and

Thallium. (3) modify existing water quality standards (to protect human health) for

Antimony, Arsenic, Fluoride and Nitrate+Nitrite, (5) clarify that the water quality

standard applicable to Cyanide is in the free form, (6) correct notes 1, 4, and 5 to replace

hardness equations, (7) clarify the definition of Aquatic Life (AL) included in the notes,

(8) delete note for "#", (9) add note "&" to clarify that numbers identified by this footnote

represent total recoverable values, (10) include units for hardness equations: and (11) add

note "a" to clarify protection of ground waters;
4

Modifications of Rule 1303.1 (1)(2)(a) "Specific Water Quality Standards for

Organochlorides and Other Persistent Pesticides" to: (1) modify the titles of the columns

in the Table for purposes of clarity, (2) adopt new water quality standards (to protect

human health) for: Alpha-BlIC, Beta-1311C, Endosulfan Sulfate, Endrin Aldehyde,

(3) modify the existing water quality standards (to protect human health) for: Aldrin,

Dieldrin, 4,4-DDT and metabolites, Endrin. Flepthehlor, Lindane (Gamma 131-1C),

Methoxychlor, Penthachlorophenol, and Toxaphene, (4) correct the name of 4,4.-DDT

and Metabolites. and (5) correct notes at the end of the Table and revise the references

that correspond to each of the substances included in it:

Modifications of Rule 1303.1 (1)(2)(b) "Specific Water Quality for Sulfurous

Organothiophosphorus and Other Non-persistent Pesticides" to: (1) add the word

Sulfurous in the introductory paragraph to be consistent with the Spanish version,

(2) modify the last sentence of the introductory paragraph of the Table for purposes of

clarity, (3) modify the titles of the columns in the Table for purposes of clarity, (4) correct

the name of Chloropyrilos. (5) correct the applicable water quality standard for Class SB

and SC of Fenthion, (6) modify the water quality standards for all the substances

(surface and ground water only) included in this Rule, and (7) correct notes at the end of

the Table and revise the references that correspond to each of the substances included in

it;

Modifications of Rule 1303.1 (1)(3) "Specific Water Quality Standards for Non-Pesticide

Organic Substances and Carbon Tetrachloride" to: (1) modify the titles of the columns in

the Table for purposes of clarity, (2) correct notes at the end of the Table and revise the

reference that correspond to each of the substances included in it. (3) adopt water quality

standards (to protect human health) for 2,3,7.8-TCDD (Dioxin) and Polychlorinated

Biphenyls (PCBs), and (4) modify the water quality standards (to protect human health)

for the other substances included in the Table:

Modifications of Rule 1303.1 (1)(4) "Specific Water Quality Standards for Volatile

Organic Substances" to: (1) adopt new water quality standards (to protect human health)

for 1.3-Dichloropropylene, (2) delete 1,3-Dichloropropane from the Table. (3) modify the

water quality standards for the other substances included in the Table, and (4) correct

notes at the end of the Table and revise the references that correspond to each of the

substances included in it:

Modifications of Rule 1303.1 (1)(5) "Specific Water Quality Standards for Semi-Volatile

Organic Substances" to: (1) modify the water quality standards for all the substances

included in the Table and (2) correct notes at the end of the Table and revise the

references that correspond to each of the substances included in it;

Deletion Rule 1303.1 (J) to avoid duplicity with Rule 1301.1 (1);

10. Modification of Rule 1303.2 (A)(2) for purposes of clarification of term standards for

Class SA waters; and,
5

I I. Modify Rule 1303.2 "Use Classifications and Water Quality standards for Specific

Classifications" to: (1) eliminate the total coliform standards, revise the water quality

standards for fecal coliform and to adopt water quality standards for enterococci according

with the requirements of the Beaches Environmental Assessment and Coastal I lealth

(BEACH) Act, Public Law 106-284, October 10, 2000 (Rules 1303.2 (B)(2)(b) and (c); Rule

1303.2 (QM) and Rule 1303.2 (C)(2)(b)), (2) clarify pH standards for Class SA, SC. and SD

waters (Rules 1303.2 (B)(2)(d):1303.2 (C)(2)(d) and 1303.2 (D)(.?)(c)), (3) correct Rules to

read "Taste or Odor Producing Substances" (Rules 1303.2 (B)(2)(g) and 1303.2 (C)(2)(g) and

1303.2 (D)(2)(g)), (4) clarify the applicable water quality standard for DO for Class SC and

SD waters (Rules 1303.2 (C)(2)(a) and 1303.2 (D)(2)(a)), (5) clarify turbidity standards for

Class SC and SI) waters (Rule 1303.2 (C)(2)W and 1303.2 (D)(2)(e)), (6) clarify color

standard for Class SD waters (Rule 1303.2 (D)(2)40), (7) clarify, TDS standard for class SD

waters (Rule 1303.2 (D)(2)(1)), (8) clarify sulfates standard for Class SD waters (Rule 1303.2

(D)(2)(j)). (9) clarify chlorides standard for Class SD waters (Rule 1303.2 (D)(2)(k)), (10)

clarify standard for other pathogenic organisms in class SD waters (Rule 1303.2 (D)(2)(1)),

(II) clarify term standard for Class SE waters (Rule 1303.2 (E)(2)). (12) adjust the title in

accordance to the modifications proposed in Rule 1302. (Rule 1303.2 (F), (13) amend the

description of Class SG in accordance to the modifications adopted in Rule 1302 (Rule

1303.2(F)(1)), and (14) correct the units applicable to coliform standard for Class SE waters

(Rule 1303.2(F)(2)(b)).

All of the above modifications are approved as being consistent with the requirements under

40 C.F.R. § 131.11(a). However, once again, because Commonwealth jurisdiction under the

CWA is limited to "navigable waters" of the United States, including territorial seas which

extend only three miles seaward, EPA's approval of the above-referenced provisions is limited

to their applicability to the territorial seas.

• Rule 1304: "Intermittent Streams" - the modifications include the following:

Deletion of Rule 1304.2(A)(2)(j) and inclusion of this text in Rule 1304.2 (A)(2)(f);

Modification of the title to read "Requirements for Granting Relief' to ensure consistency

with the content of the Rule (Rule 1304.3);

Modification of language to make the English version consistent with the Spanish version

(Rules 1304.3(A); 1304.3(1); 1304.4; 1304.5(A): and 1304.7);

Clarification of Rule 1304.3(A)(6) to read: "interfere with or impair existing uses

downstream of the water body";

Clarification of Rule 1304.5(A)(4) to read: "inform the public and interested parties that

comments can be submitted to the Board and/or public hearings can be requested within

thirty (30) days after publication of the notices":

Clarification of Rule 1304.5(A)(5) to read: "Include any other relevant information

determined by the Board";

7. Clarification of Rule 1304.6(B)(3) to read: "Include any other pertinent information

specified by the Board';
6

Modification of Rule 1304.6 (C) "The public notices shall be published at least thirty (30)

days prior to the hearing"; and,

Clarification of "Monitoring Requirements" in Rule 1304.10.

All of the above modifications are approved as being consistent with the requirements under 40

§ 131.13.

Rule 1305: "Mixing Zone" — the modifications include the following:

Modification of language to make the English version consistent with the Spanish version

(Rules 1305.1; 1305.4(I): 1305.4(L); 1305.9; 1305.9 (B)(I)(b)(iii); and. 1305.9((:):

Clarification of "Natural Background Concentration" in Rule 1305.2;

Modification of Rules 1305.3(A) and I305.4(A) to update the reference to the current

Environmental Policy Act;

Clarification of Rule 1305.3 (H) to define QAPP term to read "Quality Assurance Project

P lan";

Clarification of Rule 1305.4(D)(4)(a) to read: "Ten percent (10%) of the distance from the

point of the discharge to the mixing zone boundary";

Clarification of Rule 1305.4 (M);

Modification of Rule 1305.7 "Period to Grant Interim Authorization for Mixing Zone" to

adjust it with the title by deleting the last sentence; and,

Modification of Rule 1305.8 "Effectiveness of Interim Mixing Zone Authorization" to

include the sentence deleted from Rule 1305.7 whose content belongs to Rule 1305.8.

All of the above modifications are approved as being consistent with the requirements under 40

C.F.R. § 131.13.

By this letter. I am pleased to approve the above revisions to the PRWQSR pursuant to Section

303(c) of the CWA.

II. Revisions which are Approved Subject to the Results of Consultation under Section 7(a) 

(2) of the Endangered Species Act

In addition. I am approving following revisions, subject to the results of consultation under

section 7(a) (2) of the Endangered Species Act:

Modification of' Rule 1303.1 (I)(1) "Specific Water Quality Standards for Inorganic

Substances" to revise the water quality standards (to protect aquatic life) for the following

substances: Antimony, Arsenic, Cadmium. Copper Chromium VI, Nickel • Silver, Lead,

Selenium, and Zinc; and.

Modification of Rule 1303.1 (I)(2)(a) "Specific Water Quality Standards for

Organochiorides and Other Persistent Pesticides" to: (1) propose new water quality

standards (for aquatic life protection) fix Ileptachlor Epoxide and (2) modify existing

water quality standard (for Aquatic life protection) for Endolsulfan.
7

•

EPA initiated consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries

(Services) on these provisions on May 4, 2009, 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 letter dated

June 30, 2009. the U.S. Fish and Wildlife Service and provided written concurrence that the

revisions to the PRWQSR arc not likely to adversely affect threatened/endangered species

(Enclosure). EPA will defer to the results of the national consultation between EPA and NOAA

relating to 304(a) criteria, as the above referenced criteria are equal to or more stringent than

EPA's most recent update to its CWA section 304(a) nationally recommended water quality

criteria.

III. Revisions which EPA is not Taking Action on Pursuant to Section 303(c) of the CWA

Finally, please note that EPA is not taking action pursuant to Section 303(c) of the CWA on the

following revisions, since these provisions relate to requirements associated with other areas of

the water program, including permitting and assessment. rather than elements of Section 303(c)

of the CWA relating to water quality standards.

Rule 1302: "Classification of Waters of Puerto Rico According to the Designated

Uses to be Protected" — consolidation of Class SG1 and SG2 to be consistent NNith the

Declaration of Goals and Purposes of the Regulation and to protect the existing and

designated uses of the ground waters (Rule I302.3(A)).

Rule 1306: "General Provisions" — the modifications include the following:

Clarification of Rule 1306.1(B) to read: "No person shall cause or allow the discharge of

any pollutant to the waters of Puerto Rico, in violation of Applicable Rules and

Regulations":

Modification of Rule 1306.1(C)(3) and (5):

Clarification of Rules 1306.2(A) "Monitoring. Records, and Reports" and (B) "Right of

Entry";

Modification of Rule 1306.2 (12) to incorporate term: "to the waters of Puerto Rico"

Modification of language to ensure consistency between English and Spanish versions

(Rule 1306.3; 1306.6(A)(3));

Clarification of Rule 1306.4 "Malfunctions of Equipment Report";

Modification of the contents of Rule 1306.6 (B) accordin g to Law 53 of July 13, 1978.

Ley para la CertificaciOn de los Operadores de Plautus de Tratamiento de Agua Potable

y Aguas Usadas, as amended;

Clarification of the content of Rule 1306.7 "Minimum Treatment Required";

9. Clarification of Rule 1306.8 "Standards for Substances at Concentrations Below the

Detection Limits":
10. Modification of the contents of Rule 1306.11(A) "Water Quality Certificate" to read:

"For those substances for which it is not possible to take composite samples, the

determination of non compliance with the standards will be done using grab samples";

II. Clarification of Rule 1306.11(B) to read: "The Board will notify the petitioner of the

permit. fifteen (15) days prior to the publishing date of the public notice, of the payment

requirement for the publication of such notice in order to allow the petitioner to proceed

with the corresponding payment": and.

12. Clarification of the content of Rule 1306.12 "Compliance Plan".

Rule 1307: "Penalties" was modified to make reference to the effective Environmental

Policy Act.

Rule 1308: "Additional Provisions" — the modifications include the following:

I. Modification of Rule 1308.1(A) "Public Nuisance" in accordance with the proposed

modifications in Rule 1301;

Modification of the title of Rule 1308.2 to read: "Conflictive and Contradictory

Provisions" to ensure consistency of English and Spanish versions;

Modification of Rule 1308.6 to adjust it to the procedure for review and amendments of

the Water Quality Standards Regulation according to the Law 170 of August 12, 1988, as

amended, Ley de Procedimiento Administrativo Untforme: and,

4. Clarification of Rule 1308.6(D) "Effect of Pending Amendment".

Rule 1309: "Temporary Exemptions" was modified to delete Rule 1309. since the

purpose of the rule is addressed by Rule 1306.12.

Modifications to Rule 1310: "Waste Load Allocation".

EPA Region 2 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 stall

contact Mr. Jeffrey F. Gratz. Chief, Clean Water Regulatory Branch at (212) 637-3873.

Sincerely,

13--vAA-pt-a I, AA

Barbara A. Finazzo. Director

Division of Environmental Planning and Protection

Enclosure

cc: Roberto Ayala, Director, WQA, PREQB (w/enclosure)

Angel Meldndez, TMDL Group, PREQB (w/enclosure)