Name of Preparer: Karen O’Brien, P.E. Permit No. P R0000591

Date: December 12, 2007 Page 1 of 4 Pages

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

REGION II 290 Broadway

New York, New York 10007

FACT SHEET

DRAFT NPDES PERMIT TO DISCHARGE

INTO THE WATERS OF THE UNITED STATES

NPDES No.: PR0000591

Name and Address of Applicant:

Bacardi Corporation

PO Box 363549
San Juan, Puerto Rico 00936 - 3549

hereinafter referred to as "the permittee" is auth orized to discharge from a facility

located at

Bacardi Corporation

State Road No. 165, Km 2.6

Industrial Area
Cataño, Puerto Rico 00632

to receiving waters named:

Atlantic Ocean

Classification: SC

I. LOCATION OF DISCHARGE

The above named applicant has applied for a Nationa l Pollutant Discharge Elimination System (NPDES) permit, to the U.S. Environmental Pr otection Agency (EPA) to discharge into the designated receiving water. The location of the discharge, Outfall 001, is described by the following U.S.G.S. coordinates:

Outfall latitude longitude.

001 18° 27' 59" 66o 09' 30"

A map showing the location of the facility is in At tachment I.Name of Preparer: Karen O’Brien, P.E. Permit No. P R0000591

Date: December 12, 2007 Page 2 of 4 Pages

II. DESCRIPTION OF APPLICANT’S FACILITY AND DISCHAR GE

The permittee is engaged in the production of ethyl alcohol in the form of rum (SIC No. 2085). This rum is produced by the fermentation an d distillation of molasses. The facility currently operates at a maximum production rate of approximately 115,000 proof gallons per day, with an average production rate of approxi mately 83,600 proof gallons per day. Within the last three years the permittee has modif ied the production process to extract more product from the raw molasses. The permittee i ncluded in its application the intention to increase production within the term of this NPDES permit to approximately 128,700 proof gallons per day.

The flow of Bacardi discharge 001 is tied into a co mbined outfall which discharges treated effluent from the Bayamón Regional WWTP, th e Puerto Nuevo Regional WWTP, and the Bacardi Corporation. The combined effluent is discharged approximately 7,365 feet (2,245.7 m) from the shoreline into the Atlant ic Ocean, at a location approximately 3,600 feet (1,097 m) north of Isla de Cabras. The discharge is through a high-rate, Yshaped diffuser consisting of two (2) legs of 1,010 feet (307.8 m) long and a constant diameter of eighty-four (84) inches. A total of on e hundred two (102) ports along each leg of the diffuser are opened. There are twenty ( 20) ports of seven (7) inches at the end of each diffuser leg and eighty two (82) ports of s ix (6) inches between the Y split and the larger ports at the end of each diffuser leg. The ports discharge in alternate directions at a constant spacing of ten (10) feet.

The outfall system is owned and operated by the Pue rto Rico Aqueduct and Sewerage Authority (PRASA) to dispose of treated effluents f rom the Bayamón and Puerto Nuevo RWWTPs. The Bayamón RWWTP and Puerto Nuevo RWWTP a re municipal sewage treatment plants operated by the PRASA and their di scharges are regulated by separate NPDES permits. The Atlantic Ocean is classified a s SC water by the Puerto Rico Water Quality Standards Regulation (PRWQSR). The receivi ng water has been classified SC by the Environmental Quality Board (EQB) of the Com monwealth of Puerto Rico. A detailed description of the type and quantity of po llutants which are to be discharged is

listed in the draft Permit.

The PRASA Bayamón and Puerto Nuevo RWWTPs have been granted a waiver from Secondary Treatment Requirements under Section 301( h) of the Clean Water Act. A renewal of this waiver is included as part of the c urrent renewal of the NPDES permits

for those facilities. The EPA Decision Document fo r the proposed granting of a waiver under Section 301(h) of the Clean Water Act is incl uded as part of the administrative record for the draft permits for the PRASA Puerto N uevo and Bayamón facilities.

III. DESCRIPTION OF LIMITATIONS AND CONDITIONS

A brief summary of the effluent limitations, monito ring requirements and other conditions of the draft permit are described in Att achment II.Name of Preparer: Karen O’Brien, P.E. Permit No. P R0000591

Date: December 12, 2007 Page 3 of 4 Pages

IV. STATE CERTIFICATION REQUIREMENTS

State Certification requirements, based upon a fina l Water Quality Certificate (WQC) issued by the EQB dated June 12, 2007, are describe d in Attachment III. Review and appeals of limitations and conditions attributable to this certification shall be made through the applicable Commonwealth procedures and may not be through EPA procedures.

V. OCEAN DISCHARGE CRITERIA

Under Section 403(c) of the Clean Water Act, Ocean Discharge Criteria regulations (45
FR 65942, October 3, 1980, modified at 40 CFR Part 125, Subpart M), no permit for a discharge to the territorial sea, the contiguous zo ne, or the ocean may be issued except in compliance with the Ocean Discharge Criteria. Sinc e Bacardi Corporation’s combined wastewater discharges to the territorial sea (i.e., the Atlantic Ocean), compliance with Ocean Discharge Criteria has been evaluated as part of the renewal process.

The combined outfall for the Bayamón and Puerto Nue vo RWWTPs and the Bacardi discharge has been evaluated for impacts as part of the EPA decision making process for the granting of a Section 301(h) waiver. Sufficien t information is available to establish that the proposed discharge will not cause unreason able degradation to the marine

environment.

VI. WHOLE EFFLUENT TOXICITY

EPA has included requirements for both acute and ch ronic whole effluent toxicity testing,

as well as an effluent limitation for chronic toxic ity. A discussion of the basis for these requirements is included as Attachment IV.

VII. REMOVAL OF BIOCHEMICAL OXYGEN DEMAND AND TOTAL

SUSPENDED SOLIDS

EPA has revised the percentage removal requirements for five-day Biochemical Oxygen Demand (BOD 5 ) and Total Suspended Solids (TSS). A discussion o f the basis for these requirements is included as Attachment V.

VII. ENVIRONMENTAL JUSTICE

EPA has performed an Environmental Justice Evaluati on for this permit action. The analysis is included as Attachment VI.

VIII. PROCEDURES FOR REACHING A FINAL DECISION ON THE DRAFT

PERMIT

These procedures, which are set forth in 40 CFR Par t 124, are described in the public notice of preparation of this draft permit. Inclu ded in the public notice are requirements for the submission of comments by a specified date , procedures for requesting a hearing and the nature of the hearing, and other procedure s for participation in the final agency

decision.Name of Preparer: Karen O’Brien, P.E. Permit No. P R0000591

Date: December 12, 2007 Page 4 of 4 Pages

IX. EPA CONTACT

Additional information concerning the draft permit may be obtained between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday from :

Jeff Gratz, Chief Clean Water Regulatory Branch U.S. Environmental Protection Agency, Region II 290 Broadway, 24th Floor
New York, New York 10007 (212) 637 3873

Carl Axel Soderberg, Director US Environmental Protection Agency, Region II

Caribbean Environmental Protection Division-EDIF Ce ntro Europa Apt. 417 San Juan, Puerto Rico 00907 4127 (787) 729 6951Name of Preparer: Karen O’Brien Permit No. PR000 0591

Date: November 30, 2007 Page 1 of 3 Pages

ATTACHMENT II

DESCRIPTION OF LIMITATIONS AND CONDITIONS

The effluent limitations, monitoring requirements, and other conditions of this permit are described in the draft permit. The effluent limita tions in the permit are equivalent to the most stringent values specified in the applicable t echnology based guidelines or water quality based limitations. The anti-backsliding de cisions are made in accordance with the EPA Region II Antibacksliding Policy.

Water Quality-Based Limits

Discharge Outfall 001: Treated process, sanitary, utility, and miscellane ous wastewater.

EPA has based the water quality-based limitations f or this permit on the final Water Quality Certificate (WQC) issued by the Puerto Rico Environmental Quality Board (EQB), dated June 12, 2007. EPA may impose more s tringent limitations and conditions, as well as clarifying addendums to the EQB WQC. Such cases are noted

below.

Such limitations include: Arsenic; five-day Biochem ical Oxygen Demand (BOD 5 ); Cadmium; Color; Copper; Dissolved Oxygen; Enterococ ci; Fecal Coliforms; Flow; Lead; Mercury; Nickel; Nitrogen; Oil and Grease; pH ; Solids and Other Matter; Sulfide (undissociated H 2 S); Surfactants as Methylene Blue Activate Substanc es (MBAS); Suspended, Colloidal or Settleable Solids; Taste an d Odor Producing Substances; Temperature; Total Coliforms; Thallium; Turbidity; and Zinc.

The WQC was issued by the EQB for the purpose of as suring compliance with EQB's water quality standards and compliance with other a ppropriate requirements of Commonwealth law as provided by Section 401(d) of t he Clean Water Act. The permittee, in a joint request with the Puerto Rico Aqueduct and Sewer Authority (PRASA), requested a mixing zone for the combined o utfall from the Bacardi and PRASA Puerto Nuevo RWWTP and Bayamón RWWPT.

Water quality-based effluent limitations included i n the WQC incorporate the revised Critical Initial Dilution (CID) factor of one hundr ed and four (104) that was presented in the Mixing Zone Application for the Bayamón/Puerto Nuevo Regional Wastewater Treatment Plants and Bacardi Corporation Wastewater Treatment Plant Outfall System (March 2006). Where there are instances of a less stringent water quality based limitation than in the previous permit, it is the r esult of the calculation based on the approved mixing zone and the allowable discharge th at will not cause or contribute to a violation of water quality standards at the edge of the mixing zone.Name of Preparer: Karen O’Brien Permit No. PR000 0591

Date: November 30, 2007 Page 2 of 3 Pages

Suspended, Colloidal, or Settleable Solids

A footnote (#) was added in Table A-1 under the pa rameter Suspended, Colloidal, or Settleable Solids to clarify that testing for these parameters should be conducted for

Settleable Solids.

Special Condition 5: Sulfide (Undissociated H 2 S)

The WQC issued by EQB includes an effluent limitati on and monitoring requirement for Sulfide (undissociated H 2 S). The WQC does not specify an analytical method for H 2 S in Special Condition No. 5 of the WQC which requires t hat the analytical method which achieves the lowest possible detection level must b e utilized. EPA has included footnote @ for Sulfide in Table A-1 which specifies a partic ular methodology, as well as a clarification to Special Condition No. 5.

EQB Special Condition 18 and EQB Table A-2: Bacteri al Limitations

EPA has removed the interim limitations for bacteri al parameters (Enterococci, Fecal Coliforms, and Total Coliforms) that were included as part of the EQB WQC. This permit does not include the Table A-2 or Special Co ndition 18 that was included as part of the EQB WQC. Those requirements can be found on pages 9 – 11 and 19 of the WQC

which is included as Attachment III to this fact sh eet.

EPA has chosen to apply final limitations for this discharge as of the effective date of permit (EDP). Final limitations in accordance with the PRWQSR will be applied at the EDP for the Bacardi, PRASA Bayamón RWWTP and Puerto Nuevo RWWTP discharges. EPA believes that publicly owned treat ment works (POTWs) and industrial facilities have the technological capability to tre at wastewater to meet the current

standards for bacteria. EPA also believes that a mixing zone is not appropriate for bacterial parameters for this combined discharge.

Additionally, the permittee has already been grante d the opportunity, during the term of the previous permit, to demonstrate to EPA and EQB why it would be infeasible to meet final limitations for bacteria for their discharge. The permittee has not made such a

demonstration; therefore, the sources of coliforms in the Bacardi effluent must be

determined and addressed to meet the limitations in cluded in this permit.

EPA has also included a weekly monitoring frequency for bacterial parameters in order to ensure more representative sampling for compliance with new limitations.

EPA Special Condition 18: Whole Effluent Toxicity

EPA has included an effluent limitation for Whole E ffluent Toxicity (WET) for the combined discharge of the Bacardi, and PRASA Bayamó n RWWTP and Puerto Nuevo RWWTP. WET monitoring requirements have also been included for the combinedName of Preparer: Karen O’Brien Permit No. PR000 0591

Date: November 30, 2007 Page 3 of 3 Pages

discharge and the discharge 001 from the Bacardi fa cility. Similar monitoring requirements have been incorporated into the NPDES permits for the PRASA Bayamón

RWWTP and Puerto Nuevo RWWTP. A detailed discussio n of WET requirements is

included as Attachment IV to this fact sheet.

Technology-Based Limits

Discharge Outfall 002: The limitations for mass loading of BOD 5 and TSS from the previous permit have been revised, as has the percent removal requirement for BOD loading. An explanation of the

modified limitations is included in Attachment V to this fact sheet.

Discharge Outfalls 003 & 004:

BOD 5 - The 30 day average effluent limitation and the 30 day average percent removal limitation in the draft permit are technology based BCT (Best Conventional Pollutant Control Technology) limits based on Best Profession al Judgement (BPJ) using the Effluent Limitations Guidelines (ELG) for secondary treatment described in 40 CFR §133.102(a)(1) and (3), respectively. These limita tions are equal to or more stringent than the existing NPDES permit in accordance with t he antibacksliding requirements in 40 CFR § 122.44(l). The daily maximum limitation i s based on the water quality-based limitation of 5.0 mg/l, which is more stringent tha n the technology-based 7-day average limit of 45.0 mg/l. Both the 30-day average limit and the daily maximum limit are included to ensure compliance with secondary treatm ent requirements.

Total Suspended Solids - The 30 day average and 7 day average effluent li mitations and the 30 day average percent removal limitation are t echnology based BCT (Best Conventional Pollutant Control Technology) limits b ased on Best Professional Judgement (BPJ) using the Effluent Limitations Guid elines (ELG) for secondary treatment described in 40 CFR § 133.102(b)(1) and ( 3), respectively. These limitations are equal to or more stringent than the existing NP DES permit in accordance with the antibacksliding requirements in 40 CFR § 122.44(l).

Permit Expiration: This permit is being issued for a term of five yea rs.

General Conditions: These conditions apply to all permits as required by 40 CFR Part

122.41.

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 1 of 20 

### Félix Mateo, P.E. Bacardí Corporation

NPDES No. PR0000591 Page 1

ATTACHMENT III



### RETURN RECEIPT REQUESTED

Félix Mateo, P.E.

Environmental Director Bacardí Corporation

P.O. Box 363549 San Juan, Puerto Rico 00936-3549

Dear engineer Mateo:

Re: Water Quality Certificate and Authorization of a Mixing Zone (MZ) and a Compliance Plan Bacardí Corporation State Road No. 165, Km 2.6

Industrial Area Cataño, Puerto Rico

NPDES No. PR0000591

We have received and reviewed the application for a permit under Section 402, National Pollutant Discharge Elimination System (NPDES) of the Federal Clean Water Act as amended (33 U.S.C. 466 et. seq.) (the Act) for the referenced plant. A lso, we have received and reviewed a request to obtain Water Quality Certificates (WQCs), submitted by the Puerto Rico Aqueduct and Sewer Authority (PRASA) and the Bacardí Corporation (Bacardí). In addition PRASA and Bacardí submitted an a pplication for the definition and authorization of a Mixing Zone and the approval of Comp liance Plans, for the combined discharge of the Puerto Nuevo and Bayamón Regio nal Wastewater Treatment Plants and of Bacardí, pursuant Articles 5 and 6 of the Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended.

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 2 of 20 

### Félix Mateo, P.E. Bacardí Corporation

NPDES No. PR0000591 Page 2

Pursuant to Section 401 (a) (1) of the Act, after due consideration of the applicable provisions established in the PRWQSR and in Sections 208(e), 301, 302, 303, 304(e),
306 and 307 of the Act, it is certified that there is reasonable assurance as dete rmined by the Environmental Quality Board (EQB) that the alluded discharge will not cause violations to the applicable water quality standards at the receiving water body, if the limitations and monitoring requirements on Tables A-1, A-2 and A-3 are met. The conditions specified in the aforementioned tables shall be incorporated into the NPDES permit in order to satisfy the provisions of Section 301 (b) (1) (C) of the Act.

If you have any objection to the WQC, you have the right to request a reconsideration to EQB within the statutory period (twenty (20) calendar days from the d ate that the WQC is received).

This Agency reserves the right to comment at a later date concerning othe r environmental aspects of the discharge.

Angel O. Berrios Silvestre, P.E. Eugene Scott Amy, Esq.

Associate Member Vice Chairman

Carlos W. López Freytes, Esq.

Chairman

NV/dcc

c: Walter Andrews, EPA-Region II Jeffrey Gratz, EPA-Region II

G:\División Permisos Fuentes Precisadas\WORD\Nivia\cca\WQC_Bacardi_PR0000591. docPage 3 of 33 

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 3 of 20



### SPECIAL CONDITIONS

NPDES No. PR0000591

These special conditions are an integral part of the Water Quality Certificate (WQC) and shall be incorporated into the NPDES permit in order to satisfy the pro visions of Section 301(b)(1)(C) of the Federal Clean Water Act (CWA) as amended (33 U.S.C. 466 et. seq.):

1. The flow of discharge 001 shall not exceed the limitation of 7,570.80 m 3 

### /day (2.0 MGD) as daily maximum. No increase in flow shall be authorized with out a recertification from the Puerto Rico Environmental Quality Board (EQB). 1,4,5



### 2. No toxic substances shall be discharged, in toxic concentrations, other than those allowed as specified in the NPDES permit. Those toxic substances included in the Permit Renewal Application, but not regulated by the permit, shall not e xceed those concentrations as specified in the applicable regulatory limitations. 1,2



### 3. The samples taken for the analysis of cyanide and mercury shall be analyzed using the analytic method approved by the Environmental Protection Agency (EPA) with the lowest possible detection level, in accordance with Section 6.2.3 of the Puerto Rico Water Quality Standards Regulation (PRWQSR), as amended. 4



### 4. All sample collection, preservation, and analysis shall be carried out in accordance with the Code of Federal Regulation (CFR) Number 40, Part 136. A licensed chemist authorized to practice the profession in Puerto Rico shall certify all chemical analyses. All bacteriological tests shall be certified by a licensed microbiologist or a medical technician authorized to practice the profession in Puerto Rico. 1,3



### 5. The permittee shall use the approved EPA analytical method, with the lowe st possible detection limit, in accordance with the 40 CFR Part 136 for Sulfide (as S) . Also, the permittee shall complete the calculations specified in Method 4500-S -2 

### F, Calculation of Un-ionized Hydrogen Sulfide, of Standards Methods 18 th 

### Edition, 1992, to determine

the concentration of undissociated H 2 

### S. If the sample results of Dissolved Sulfide are below the detection limit of the approved EPA method established in the 40 CFR Part
136, then, the concentration of undissociated H 2 

### S should be reported as “below

detection limit”. 2,3



### 6. The solid wastes (sludge, screenings and grit) generated due to the treatment sys tem operation shall be:

a. Disposed in compliance with the applicable requirements established in t he 40 CFR, Part 257. A semiannual report shall be submitted to EQB and EPA notifying the method or methods used to dispose the solid wastes gener ated in

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 4 of 20



### the facility. Also, copy of the approval or permit applicable to the di sposal method used shall be submitted, if any.

b. Transported adequately in such way that access is not gained to any body of water or soil. In the event of a spill of solid waste on land or into a body of water, the permittee shall notify the Point Sources Permits Division of EQB’s Water Quality Area in the following manners:

1) By telephone communication within a term no longer than twenty four (24) hours after the spill (787-767-8073).

2) By letter, within a term no longer than five (5) days after the spill.

These notifications shall include the following information:

a) 

### Spill material

b) 

### Spill volume

c) 

### Measures taken to prevent the spill material to gain access to any body of

water

This special condition does not relieve the permittee from its responsibility to ob tain the corresponding permits from the EQB’s Solid Wastes Program and other state and federal agencies, if any. 4,6



### 7. A log book should be kept for the material removed from the treatme nt system, such as sludge, screenings and grit, detailing the following items:

a. 

### Removed material, date and source of it.

b. 

### Approximate volume and weight.

c. 

### Method by which it is removed and transported.

d. 

### Final disposal and location.

e. 

### Person that offers the service.

A copy of the Non-Hazardous Solid Waste Collection and Transportation Servi ce Permit issued by the authorized official from the EQB should be attached to the log

book. 3

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 5 of 20



### 8. The sludge produced within the facility due to the operation of the treatment system shall be analyzed and all constituents shall be identified as required by “Standards for the Use or Disposal of Sewage Sludge” (CFR Number 40, Part 503). The sludge s hall be disposed properly in such manner that water pollution or other adverse effects to surface waters or to ground water do not occur. 4,6



### 9. If any standard or prohibition to the sanitary sludge disposal is promulg ated and said prohibition or standard is more stringent than any condition, rest riction, prohibition or standard contained in the NPDES permit, such permit shall be modified acc ordingly or revoked and reissued to be adjusted with regard to such prohibition or standard. 6



### 10. No changes in the design or capacity of the treatment system will be permitt ed without the previous authorization of EQB. 5



### 11. Prior to the construction of any additional treatment systems or prior to the modification of the existing one, the permittee shall obtain the approval of the engineering report, plans and specifications from EQB. 5



### 12. The permittee shall install, maintain and operate all water pollution control equipmen t in such manner as to be in compliance with the applicable Rules and Regulations. 1,4



### 13. The flow measurement device for the discharge 001 shall be periodically calibrated and properly maintained. Calibration and maintenance records must be kept in compliance with the applicable Rules and Regulations. 4,5



### 14. The sampling point for discharge 001 shall be located immediately after the pri mary flow measuring device of the effluent of the facility.

15. The sampling point for discharge 001 shall be labeled with a 18 inches x 12 inches (minimum dimensions) sign that reads as follows:

"PUNTO DE MUESTREO PARA LA DESCARGA 001"

16. All water or wastewater treatment facility, whether publicly or privately owned, must be operated by a person licensed by the Potable Water and Wastewater Treatment Plants Operators Examining Board of the Commonwealth of Puerto Rico. 4



### 17. The EQB has defined and authorized a Mixing Zone (MZ) pursuant to Article 5 of the PRWQSR. 3

a. 

### The MZ is delineated by the following points (See Diagram-I):

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 6 of 20



### Geographic Coordinates *

Point 1 Lat. 18o 29.179' Long. 66o 08.516'

Point 2 Lat. 18o 29.202' Long. 66o 08.509'

Point 3 Lat. 18o 29.112' Long. 66o 08.336'

Point 4 Lat. 18o 29.096' Long. 66o 08.140'

Point 5 Lat. 18o 29.074' Long. 66o 08.147'

Point 6 Lat. 18o 29.089' Long. 66o 08.343'

* NAD 83 State Plane Coordinates

The diffuser configuration is a one hundred twenty (120) degree “Y” type consisting of two (2) legs of one thousand ten (1,010) feet long and a con stant diameter of eighty four (84) inches. A total of one hundred two (102) ports along each diffuser’s leg shall be opened. There are twenty (20) ports of seven (7) inches at the end of each diffuser’s leg and eighty two (82) p orts of six (6) inches between the “Y” split and the larger ports at the end of each diffuser’s leg. The ports discharge in alternate directions at a constant spacing of ten (10)

feet.

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 7 of 20

b. 

### The MZ is defined for the following parameters:

Parameter Daily Maximum Discharge

Limitation at Outfall

Serial Number 001 Daily Maximum

Limitation at the Edge

of the MZ

Arsenic (As) (μg/l) 36 1.4 Cadmium (Cd) (μg/l) 16.00 9.30

Color (Pt-Co) 98,621 * 1 

### Copper (Cu) (μg/l) 3,836 3.1 Cyanide, Free (CN) (μg/l) 40 1 Dissolved Oxygen (mg/l) Monitoring Only ≥4.0 Lead (Pb) (μg/l) 43.8 8.1 Mercury (Hg) (μg/l) 0.6 0.051 Nickel (Ni) (μg/l) 569 8.2 Nitrogen (mg/l) (NO 2 

### , NO 3 

### , NH 3 

### ) 207.000 5.000 pH (SU) 6.0 - 9.0 7.3 - 8.5 Silver (Ag) (μg/l) 81.2 2.0 Sulfide (μg/l) (undissociated H 2 

### S) 108,401 2 Surfactants (MBAS) (μg/l) 1,657 500

Temperature ° F ( ° C) 105.8 (41) ** 2 

### Thallium (Tl) (μg/l) 36.3 6.3 Turbidity (NTU) 11,498 10 Zinc (Zn) (μg/l) 3,269.00 81.00

c. 

### The permittee shall conduct annually definitive acute and chronic toxicity tests using the organisms Mysidopsis bahia , Cyprinodon variegatus and Arbacia punctulata

for the wastewater discharge identified as 001.

d. 

### The toxicity test shall be conducted according to the most recent edition s of the following publications of EPA:

1) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms , (EPA-821-R-02-012) Fifth Edition,

October 2002.

* The color at the edge of the mixing zone shall no t exceed the color of the receiving water body (background monitoring station). ** No heat may be added to the waters of Puerto Rico, whic h would cause the temperature of any site to exceed 90 o F (32.2 o C).

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 8 of 20



### 2) Short Term Methods for Estimating the Chronic Toxicity of Effluents an d Receiving Waters to Marine and Estuarine Organisms , (EPA-821-R-02-013) Fourth
Edition, October 2002.

e. 

### The procedures, methods, techniques, conditions, etc., included in the abov e mentioned publications shall be followed at all times. If the permittee want s to use other procedures, methods, etc., because he understands that:

1) by the nature or conditions of this case is impossible to follow such publications;

2) other procedures, methods, etc., are adequate;

then, the permittee shall, prior to the utilization of other procedures, me thods, etc., obtain the EPA and EQB written approval for their usage.

f. 

### The effluent samples for the toxicity tests shall be used in or before 36 hours after being collected.

g. 

### A report on the toxicity tests conducted shall be submitted to the EQB, during the sixty (60) days period after the tests were conducted. This report sha ll be prepared according to the aforementioned publications of EPA.

h. 

### Based on the review of the test results, the EQB can require additional toxicity tests, including toxicity/treatability studies and can revoke the final mixing z one authorization according with Section 5.14 of the PRWQSR.

i. 

### Solids from wastewater sources shall not cause deposition in, or be delete rious to, the existing or designated uses of the waters.

j. 

### The discharge shall not cause the growth or propagation of organisms th at negatively disturb the ecological equilibrium in the areas adjacent to the mixing

zone.

k. 

### The mixing zone shall be free of debris, scum, floating oil and any other substances that produce objectionable odors.

l. 

### The permittee shall maintain in good operating conditions the discharge syste m [ discharge outfall (land and submarine), diffuser, ports, etc. ] . At least once a year, the discharge system shall be inspected to determine if some repairs, replacing, etc., on the discharge system is required. A report of such inspections

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 9 of 20



### shall be submitted to EPA and EQB not later than sixty (60) days after the performance of the inspection.

m. 

### The EQB can require that the permittee conduct bioaccumulation studies, dye studies, water quality studies or any other pertinent studies. If the EQB require one or more of the aforementioned studies, the permittee will be notified to conduct such study(ies). One hundred and twenty (120) days after the notification of the EQB, the permittee shall submit, for evaluation and ap proval of the EQB, a protocol to conduct such study(ies). Sixty (60) days after t he EQB approval, the permittee shall initiate such study(ies). Ninety (90) days a fter conducting such study(ies), the permittee shall submit a report that includes the results of such study(ies).

n. 

### The permittee shall conduct a dye study to verify the Critical Initial Dilution and the plume behavior within the mixing zone. The dye study shall be conducted ninety (90) days after the written approval of the corresponding Protocol and Quality Assurance Project Plan (QAPP). Such Protocol and QAPP shall be submitted to EQB ninety (90) days after the EDP. This study shall consist of at least one set of the required samples, as established in the QAPP fo r a complete sampling event.

o. 

### The authorization for the mixing zone will not be transferable and does not convey any property rights of any sort or any exclusive privileges, nor it authorizes any injury to persons or property or invasion of other private rights, or any infringement of Federal or State Laws or Regulations.

18. Within a period not greater than sixty (60) days from the EDP, the permittee shall initiate a study to collect all available information on key factors affecting regulated bacterial concentrations in the receiving waters. The implementation of such study shall predict and verify enterococci, fecal and total coliforms and residual chlorine concentrations in the receiving waters based on the concentrations present on the discharge of Puerto Nuevo and Bayamón Regional Wastewater Treatment Plants, the combined discharge of Bacardí, the point of discharge of the combined effluent of the three facilities, the edge of the mixing zone, the background station and local shoreline stations. The study shall comply with the protocol approved by EQB. 2,4,7



### a. The permittee shall comply with the following interim and final limits for discharge 001 for the following parameters:

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 10 of 20



### b.

Parameters Interim Limits ‡ 

### Final Limits

Enterococci (col/100 ml) Monitoring only *

Fecal Coliforms (col/100 ml) 1,200,000 **

Total Coliforms (col/100 ml) 1,600,000 ***

‡ The geometric mean of a series of representative samples (at least five samples) of the water taken sequentiallt in a given instance.

* The enterococci density in terms of geometric mean of at least 5 representative samples taken sequentially shall not exceed 35/100 ml. No single sample should exceed the upper confidence limit of 75% using 0.7 as the log standard deviation until sufficient site data exist to establish a site-specific log standard deviation.

** The Fecal Coliforms geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a given instance shall not exceed 200 colonies/100 ml. Not more than 20 percent of the samples shall exceed 400 colonies/100 ml.

*** The Total Coliforms geometric mean of a series of representative samples (at least five samples) of the water taken sequentially in a given instance shall not exceed 10,000 colonies/100 ml.

c. The interim limits will be effective during the period beginning on the EDP and lasting through EDP + 24 months, unless, following the terms and conditions of the approved study protocols, the permittee has requested a modification of the final limits of the WQC for these parameters because the results of the studies performed show that it is feasible to include other effluent limits or to define a mixing zone for these parameters in the WQC. In such case, the interim limits will stay in effect until the EQB and EPA issue a final determination regarding the requested modification. If it is determined that the WQC could be modified as requested, then the interim limits will continue in effect until the EQB and EPA issue a final modified WQC and

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 11 of 20



### final modified NPDES Permit, respectively. If the studies reflect that a modification to the WQC is not feasible, the permittee must comply with the final limits from EDP + 24 months + 1 day.

d. The permittee must complete the study within the EDP + 16 months.

e. A final report must be submitted to the EQB within sixty (60) days of the last day of field sample collection. Such report must contains the results and conclusions of the study, as any other pertinent data and required information, as established in the study protocol approval by EQB.

f. By no means it should be understood that the performance of the study described in this special condition exempts the Puerto Nuevo and Bayamón Regional Wastewater Treatment Plants and the Bacardí Corporation from the requirement to disinfect the effluent to be discharged through the individual points of discharge authorized by the corresponding NPDES permits.

19. The conditions of this WQC are considered as separate. Therefore, if the applicability of any condition of this WQC is stayed due to any circumstance, the remaining conditions of this WQC will not be affected. 5



### 20. The EQB, by the issuance of the WQC, does not relieve the applicant from its responsibility to obtain additional permits or authorizations from the EQB as required by law. The issuance of the WQC shall not be construed as an authorization to conduct activities not specifically covered in the WQC, which will cause water pollution a s defined by the PRWQSR. 5



### 1, 2, 3, 4, 5, 6 and 7 see page 11

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 12 of 20



### DIAGRAM-I

Bacardi Corporation Mixing Zone

Geographic Coordinates *

Point 1 Lat. 18o 29.179' Long. 66o 08.516'

Point 2 Lat. 18o 29.202' Long. 66o 08.509'

Point 3 Lat. 18o 29.112' Long. 66o 08.336'

Point 4 Lat. 18o 29.096' Long. 66o 08.140'

Point 5 Lat. 18o 29.074' Long. 66o 08.147'

Point 6 Lat. 18o 29.089' Long. 66o 08.343'

* NAD 83 State Plane Coordinates.

1 2

5 4

3

6 BG

### Attachment III EQB Water Quality Certificate Dated June 12, 2007 Page 13 of 20

1. 

### According to Article 1, Puerto Rico Water Quality Standards Regulation as Amended.

2. 

### According to Article 3, Puerto Rico Water Quality Standards Regulation as Amended.

3. 

### According to Article 5, Puerto Rico Water Quality Standards Regulation as Amended.

4. 

### According to Article 6, Puerto RicoWater Quality Standards Regulation as Amen ded.

5. 

### According to the Environmental Public Policy Act of September 22, 2004, Act No.
416, effective since March 22, 2005.

6. 

### According to the Section 405(d)(4) of Federal Clean Water Act, as amended (33 U.S.C. 466 et. seq.).

7. 

### According to the Code of Federal Regulation Number 40 (40 CFR), Part 131.40, as amended (Federal Register/Volume 69, No. 16/Monday, January 26, 2004).Attachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 14 of 20TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDES NO. PR0000591During the period beginning on EDP and lasting through EDP + 5 yearsthe permittee is authorized to discharge from outfallserial number 001 the combined wastewaters described at the final of this Table. Such discharge shall be limited and monitoredby the permittee as specified below:Receiving Water Name and Classification: Atlantic Ocean, SCEffluent CharacteristicsGross Discharge LimitationsMonitoring RequirementsMonthly Average Daily Maximum MeasurementsFrequencySample TypeArsenic (As) (μg/l)**2,4**36.4 Monthly GrabBOD**5**(mg/l)**1,2,3,4**α17,700 Monthly CompositeCadmium (Cd) (μg/l)**2,3,4**16.00 Monthly GrabColor (Pt-Co Units)**2,3,4**98,621 Monthly GrabCopper (Cu) (μg/l)**2,3,4**3,836 Monthly GrabCyanide, Free (CN) (μg/l)**2,3,4**βγ40 Monthly GrabDissolved Oxygen (mg/l)**1,2,3,4**---- Daily GrabFlow m**3**/day (MGD)**4,5**7,570.80 (2.0) Continuous RecordingLead (Pb) (μg/l)**2,3,4**43.8 Monthly GrabMercury (Hg) (μg/l)**2,3,4**γ0.67 Monthly GrabNickel (Ni) (μg/l)**2,3,4**569 Monthly GrabAttachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 15 of 20TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDES NO. PR0000591Receiving Water Name and Classification: Atlantic Ocean, SCEffluent CharacteristicsGross Discharge LimitationsMonitoring RequirementsMonthly Average Daily Maximum MeasurementsFrequencySample TypeNitrogen (NO**3**, NO**2**, NH**3**)(mg/l)**2,3,4**207.000 Monthly GrabOil and Grease (mg/l)**2,4**The water of Puerto Rico shall be substantially freefrom floating non-petroleum oils and greases as wellas petroleum derived oils and greases.Twice perMonthGrabpH (SU)**2,3,4**Shall always lie between 6.0 – 9.0. Daily GrabRadioactive Materials(picocuries/l)**2,4**----φGrabSilver (Ag) (μg/l)**2,3,4**81.2 Monthly GrabSolids and Other Matter**2,4**The water of Puerto Rico shall not contain floatingdebris, scum or other floating materials attributableto discharges in amounts sufficient to be unsightlyor deleterious to the existing or designated uses ofthe water body.---- ----Sulfide (undissociated H**2**S)(μg/l)**2,3,4**δ108,401 Monthly GrabAttachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 16 of 20TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDES NO. PR0000591Receiving Water Name and Classification: Atlantic Ocean, SCEffluent CharacteristicsGross Discharge LimitationsMonitoring RequirementsMonthly Average Daily Maximum MeasurementsFrequencySample TypeSurfactants (as Methylene BlueActivate Substances)(μg/l)**1,2,3,4**1,657 Monthly GrabSuspended, Colloidal orSettleable Solids (ml/l)**1,2,4**Solids from wastewater sources shall not causedeposition in, or be deleterious to, the designateduses of the waters.Daily GrabTaste and Odor-producingSubstances**2,4**Shall contain none in amounts that will render anyundesirable taste or odor to edible aquatic life.---- ----Temperature**o**F (**o**C)**2,3,4**105.8 (41) Daily GrabThallium (Tl) (μg/l)**2,3,4**36.3 Monthly GrabTurbidity (NTU)**2,3,4**11,498 Monthly GrabZinc (Zn) (μg/l)**2,3,4**3,269.00 Monthly GrabSpecial Conditions See attached sheet, which contains special conditionsthat constitute part of this certification.---- ----Attachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 17 of 20TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDES NO. PR0000591Receiving Water Name and Classification: Atlantic Ocean, SCNotes:To comply with the monitoring requirements specified above, samples shall be taken at the outfall of discharge serial number001.All flow measurements shall achieve accuracy within the range of plus or minus 10%.The wastewaters to be discharged from Bacardí, through thedischarge point 001 are the following:a.boiler blowdown, wash and extraction.b.mosto (distillation, fermentation and washes).c.clarification plant wash.d.anaerobic treatment plant discharges – cooling tower.e.flavor steam traps.f.sulfur plant rinses and condensate.g.bottling plant and broken bottles wash.h.process washes (lock).i.molasses unloading and seal flush.j.fermentation floor drains.k.distillery floor wash.l.barrel wash.m.cooling tower wash.n.cooling towers blowdown and other.o.CO**2**plant condensate and washes.p.sanitary plant (discharge 003).q.sanitary plant (discharge 004).r.process water treatment steam traps.Attachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 18 of 20φThe permittee shall implement a monthly monitoring program using the analytical method approved by EPA with the lowestpossible detection level, in accordance with Section 6.2.3 of the PRWQSR as amended, for one (1) year period, after whichthey will be conducted annually. The monitoring programshall commence no later than thirty (30) days after theEQB’swritten approval of the Quality Assurance Project Plan (QAPP). The QAPP must be submitted for evaluation and approvalof EQB no later than thirty (30) days after the EDP. The results of the monitoring program shall be submitted to EQB andEPA-Region II no later than sixty (60) days of completion of the one year monitoring program. Based on the evaluation ofthe results obtained, EQB will determine if an effluent limitation is necessary for these parameters. In such case the WQCwill be reopened to include the applicable effluent limitation if considered necessary.αThe effluent limitation for BOD**5**is based on the Mixing Zone Application for the PRASA and Bacardí Corporation, afterdetermining that there is a reasonable assurance that this limit will not cause violations to the water quality standard forDissolved Oxygen for Class SC.γSee Special Condition 3.βThe samples shall be analyzed using the method approved by EPA in letter of February 20, 2007.δSee Special Condition 5.1, 2, 3, 4, 5, 6 and 7 see page 11 of Special ConditionsAttachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 19 of 20TABLE A-2 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDESNO. PR0000591Receiving Water Name and Classification: Atlantic Ocean, SCDuring the period beginning on EDP and lasting through (EDP + 24 months)** the permittee is authorized to discharge fromoutfall serial number 001 the combined wastewaters describedat the final of Table A-1. Such discharge shall be limitedandmonitored by the permittee, as specified below:Effluent CharacteristicsGross Discharge LimitationsMonitoring RequirementsMonthly Average Daily Maximum * MeasurementsFrequencySampleTypeEnterococci (col/100 ml)**1,2,4,7**---- Monthly GrabFecal Coliforms (col/100 ml)**1,2,4,7**1,200,000 Monthly GrabTotal Coliforms (col/100 ml)**1,2,4,7**1,600,000 Monthly GrabNotes:To comply with the monitoring requirements specified above, samples shall be taken at the outfall of discharge serial number001.* The geometric mean of a series of representative samples(at least five samples) of the water taken sequentiallyin a giveninstance.** See Special Condition 18.b.1, 2, 3, 4, 5, 6 and 7 see page 11 of the Special Conditions.Attachment IIIEQB Water Quality Certificate Dated June 12, 2007Page 20 of 20TABLE A-3 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDES NO. PR0000591During the period beginning on (EDP + 24 months + 1 day)* and lasting through EDP + 5 years the permittee is authorized todischarge from outfall serial number 001 the combined wastewaters described at the final of Table A-1. Such discharge shall belimited and monitored by the permittee, as specified below:Receiving Water Name and Classification: Atlantic Ocean, SCEffluent CharacteristicsGross Discharge LimitationsMonitoring RequirementsMonthly Average Daily Maximum MeasurementsFrequencySampleTypeEnterococci(colonies/100 ml)**1,2,4,7**The enterococci density in terms of geometric mean of atleast 5 representative samples taken sequentially shall notexceed 35/100 ml. No single sample should exceed theupper confidence limit of 75% using 0.7 as the log standarddeviation until sufficient site data exist to establish a sitespecific log standard deviation.Monthly GrabFecal Coliforms(col/100 ml)**1,2,4,7**The coliforms geometric mean of a series of representativesamples (at least five samples) of the water taken sequentiallyin a given instance shall not exceed 200 colonies/100 ml.Not more than 20 percent of the samples shall exceed 400colonies/100 ml.Monthly GrabTotal Coliforms(col/100 ml)**1,2,4,7**The coliforms geometric mean of a series of representativesamples (at least five samples) of the water taken sequentiallyin a given instance shall not exceed 10,000 colonies/100 ml.Monthly GrabNotes: To comply with the monitoring requirements specifiedabove, samples shall be taken at the outfall of discharge serialnumber 001.* See Special Condition 18.b.1, 2, 3, 4, 5, 6 and 7 see page 11 of the Special Conditions.Attachment IV Page 1 of 4 Pages

Permit No. PR0000591

ATTACHMENT IV

Special Condition No. 18: Whole Effluent Toxicity R equirements

The previous permit issued to the Bacardi Corporati on included a conditionally approved mixing zone, and required toxicity testing of the effluent from the Bacardi Corporation, the PRASA Bayamón and the PRASA Puerto Nuevo wastewater treat ment plants. It was agreed between these dischargers and the Puerto Rico EQB during th e term of the previous permit that whole effluent toxicity testing would be performed on a f low weighted composite sample of the three effluents. The testing included acute lethality to xicity tests using Mysidopsis bahia and Cyprinodon variegatus , and chronic toxicity tests of growth, fecundity, fertilization and survival

of Mysidopsis bahia and Cyprinodon variegatus and Arbacia Punctulata. The results of this testing in 2006 identified Arbacia Punctulata as experiencing significant impacts with respect t o chronic toxicity measured by fertilization of this species. Results of testing the combined effluent

for the effects on fertilization of Arbacia Puncula ta are summarized below in Table 1.

The previous permit also included the following req uirement in Special Condition No. 16, which authorizes the interim mixing zone:

A Based on the review of the test results, the EQB ca n require additional toxicity tests, including toxicity/treatability studies and can rev oke the interim or final mixing zone authorization according with Section 5.14 of the PR WQSR. @

The PRWQSR defines the water quality criterion for toxicity as A The waters of Puerto Rico shall not contain any substance at such concentration whi ch, either alone or as result of synergistic effects with other substances is toxic or produces undesirable physiological responses in human,

fish or other fauna or flora. @ (Section 3.1.9). Section 5.4 of the PRWSR further require that where there is a mixing zone,

A At the boundaries of the proposed mixing zone, afte r critical initial dilution for open

coastal waters and after dilution for closed bodies of waters each one of the following requirements are met:

a. The concentration of pollutants or physical par ameters, as defined in Section 5.5, do not exceed the applicable water qua lity standards. b. The acute toxicity units measure in a acute bio ssay do not exceed the criteria maximum concentration (CMC). c. The chronic toxicity units measure in a chronic biossay do not exceed criteria continuous concentration units (CCC). @

Finally, Article 1 of the PRWSR defines the criteri a maximum concentration (CMC) for acute toxicity as 0.3 acute toxic units (TUa =1/LC50) and the criteria continuous concentration (CCC) as 1.0 chronic toxic unit (TUc = 1/NOEC).Attachment IV Page 2 of 4 Pages

Permit No. PR0000591

The mixing zone application for the current permit submitted in March 2006 defines the Critical Initial Dilution of the mixing zone being approved by the current water quality certificate as a factor of one hundred and four (104).

EPA examined the results for Arbacia Punctulata for their potential to cause or contribute to an excursion of the Puerto Rico water quality criterio n for chronic toxicity. The results of the recent testing for this species are summarized below in Ta ble 1.

Table 1: Results of Chronic Toxicity Testing of Arb acia Punctulata for the composite effluent of the Bacardi, PRASA Bayamón, and PRASA P uerto Nuevo facilities

Test Date NOEC

(% effluent) Chronic Toxic

Units IC25

(% effluent) Inverse of IC25

2/16/2006 0.78 % 128 7.25 % 13.79

3/16/2006 6.00 % 17 7.31 % 13.68

8/29/2006 <0.78 % >128 1.68 % 59.52

11/4/2006 <0.78 % >128 1.67 % 59.88

11/7/2006 1.56 % 64 3.97 % 25.19

4/17/2007 0.29 % 345 3.09 % 32.36

4/19/2007 <0.09 % >1111 2.12 % 47.17

4/21/2007 <0.09 % >1111 4.47 % 22.37

5/1/2007 0.09 % 1111 4.92 % 20.33

5/3/2007 0.96 % 104 14.80 % 6.76

5/5/2007 3.20 % 31 14.40 % 6.94

5/15/2007 0.09 % 1111 4.88 % 20.49

5/17/2007 0.96 % 104 3.01 % 33.22

5/19/2007 0.29 % 345 5.23 % 19.12

EPA used the approach for determining Reasonable Po tential to cause or contribute to an excursion of water quality standards from the Technical Support Document for Water QualityBased Toxics Control (March 1991) (TSD). EPA first examined the NOEC results, where the

inverse is used to calculate toxic units, which are also shown in Table 1. Examining the toxic units based on the laboratory report NOEC values, a nd applying the dilution factor of 104 would indicate a potential excursion of the criterion at the edge of the mixing zone on several of the analysis dates. The results that are greater than 1 04 would potentially cause an excursion of the criterion of 1.0 TUc, and are shaded in grey in Tab le 1.Attachment IV Page 3 of 4 Pages

Permit No. PR0000591

EPA also examined the IC25 results of this testing, and tabulated the inverse values. The TSD approach to determining Reasonable Potential calcul ates a projection based on previous testing results, and although there may not have been any r esult that indicated an excursion of criterion, it predicts whether past results indicate the poten tial to exceed a criterion. The number of samples used in the analysis indicate a coefficient of variation (Cv), which is used in the

statistical tables 3-1 and 3-1 which tabulate Reaso nable Potential Multiplying Factors at both the 95% and 99% Confidence Levels and respective Probab ility Bases. EPA examined the fourteen

inverse IC25 results in Table 1. The TSD recommend s calculating a Cv based on the standard

deviation and mean of the data. For these fourteen test results, EPA calculated the Cv to be 0.6.

Table 2: Reasonable Potential Multiplier Results f or Cv = 0.6 and Number of Samples = 14

Test Date IC25 (%

effluent) Inverse of IC25 95%

RPMF = 1.5 99%

RPMF = 2.6

2/16/2006 7.25 % 13.79 21 36

3/16/2006 7.31 % 13.68 21 36

8/29/2006 1.68 % 59.52 89 155

11/4/2006 1.67 % 59.88 90 156

11/7/2006 3.97 % 25.19 38 65

4/17/2007 3.09 % 32.36 49 84

4/19/2007 2.12 % 47.17 71 123

4/21/2007 4.47 % 22.37 34 58

5/1/2007 4.92 % 20.33 30 53

5/3/2007 14.80 % 6.76 10 18

5/5/2007 14.40 % 6.94 10 18

5/15/2007 4.88 % 20.49 31 53

5/17/2007 3.01 % 33.22 50 86

5/19/2007 5.23 % 19.12 29 50

At the 99 th

Percentile Confidence Level, on three separate occ asions the projection after multiplying the RPMF would be higher than 104. The se results are shaded in grey in Table 2. In the TSD approach, just one result that is projected to be higher than the water quality standard

would result in a determination of Reasonable Poten tial.

Where Reasonable Potential exists for a parameter t o exceed a water quality criterion, EPA must include a limitation in the NPDES permit for that d ischarge. It is clear to EPA from the above analysis that both the NOEC values and IC25 values for fertilization indicate reasonableAttachment IV Page 4 of 4 Pages

Permit No. PR0000591

potential to exceed the water quality criterion of 1.0 TUc at the edge of the mixing zone. Additionally, this facility has been granted a mixi ng zone conditioned upon the absence of a toxic condition at the edge of the mixing zone, and EPA = s Clean Water Act ' 301(h)

Determination is also conditioned on the absence of a toxic condition after mixing.

Therefore, EPA has included an explicit numeric lim itation for chronic toxicity in the combined discharge from the Bacardi, PRASA Puerto Nuevo, and PRASA Bayamón facilities. EPA has

chosen to use the IC25 value as the indicator for c hronic toxicity. The IC25 value is an indicator

of the concentration of effluent which causes a 25% reduction in the effects being observed (e.g. fertilization, growth, fecundity in the test popula tion when compared to the controlled sample response). The IC25 value is calculated through in terpolation from the hypothesis tested effects observed at the concentrations used in the analysis . Toxic units and water quality criterion are defined by both EPA and EQB as based on the NOEC, o r concentration at which no effects are observed. EPA Region 2 does not consider 25% reduct ion to be A no effect @ , and therefore has adjusted the IC25 number to be slightly more conser vative than the NOEC value that would be calculated using the dilution factor of 104. The l imit has been calculated below:

Criterion at edge of mixing zone: 1.0 TUc Dilution Factor: 104 times 104 x 1.0 = effluent concentration of no greater th an 104 TUc Toxicity test results would have to be no less than 1/104 = 0.96% using the NOEC endpoint.

EPA has chosen to use the IC25 value to determine c ompliance with this limitation, and therefore has adjusted the limitation to an IC25 va lue of no less than 1.00% effluent.

In addition to the limitation, EPA has included oth er toxicity testing requirements on the

individual effluents from these three facilities, a s these effluents combine prior to discharge. The toxicity observed in the effluent may be the result of toxicity in one or more of the discharges, or it may be the result of synergistic effects that oc cur when the effluents combine prior to discharge. The contemporaneous testing on each of the effluents from these facilities will provide an indication as to the source of any toxic ity observed in the combined discharge.

EPA is also requiring that all three dischargers de velop plans for a toxicity reduction evaluation (TRE) within the first six months of the permit ter m. The three dischargers may coordinate and develop one plan to meet the permit requirement in each NPDES permit. Violation of the limitation for chronic toxicity using the combined discharge would trigger accelerated monitoring of both the combined discharge and solel y the Bacardi effluent (PRASA would be required to test their individual effluents for the Bayamon and Puerto Nuevo facilities in addition to the combined discharge as well) for twelve weeks . During the accelerated testing period an

additional violation of the limitation on the combi ned discharge would require these three permittees to activate their TRE workplans, and imp lement their strategy to identify and abate the source of toxicity.Attachment V Page 1 of 2 Pages

Permit No. PR0000591

ATTACHMENT V

Requirements for Biochemical Oxygen Demand at Outf all 002

The permittee has requested that EPA reevaluate the requirements for five-day Biochemical Oxygen Demand (BOD 5 ) at Outfall 002, located just after the anaerobic digesters. This request is due to the changes in the production processes t hat have resulted in lower loading amounts flowing into the anaerobic digester treatment syste m. The permittee presented information about the loading rates, production rates, and retention time in the treatment system. EPA also evaluated the maximum and average BOD loading in th e effluent as reported in the Discharge Monitoring Reports (DMRs) for this facility.

As a result of these changes to the production proc esses, EPA believes it is appropriate to

recalculate the limitations at Outfall 002 based on the current operating conditions and source reduction that has taken place at the facility. How ever, EPA also intends to ensure that the permittee operates the anaerobic digesters at optim um treatment efficiency. Revised limitations were calculated based on the existing effluent qual ity (EEQ), which is a statistical projection based on past discharge results.

EPA Region 2 utilizes the 95 th percentile of the lognormal distribution of the mo nitoring data to determine EEQ. Monitoring results for maximum and average BOD, Total Suspended Solids (TSS), and the inverse of percent removal (percent remaining) from discharge monitoring reports from June 2004 through May 2007 were used in this a nalysis. The results of the EEQ analysis

are tabulated below in Table 3.

The permittee has explained to EPA that the mosto w aste is retained in an equalization tank prior to treatment for 1-2 days, and the retention time i n the anaerobic digester is approximately 10-12 days. Therefore, the loading observed at Outfall 0 02 is likely the result of waste that was produced as much as two weeks prior to being discha rged through Outfall 002. EPA observed through our examination of the data that there did not appear to be a direct correlation between higher production rates and higher effluent loading at Outfall 002, even taking into account the time lag. Additionally, there are fluctuations in day to day proof gallons produced, and often a wide range of production values in a given month. For the reasons stated above, EPA has chosen to eliminate the tiered system of production based limits, and instead to have one set of limits for Outfall 002. For BOD and TSS loading at Outfall 002, EPA applied a factor or 2.0/1.3 to

account for the increase in flow allowed under the new water quality certificate, as well as plans to increase production at the facility. The revise d limitations are shown in Table 3.

For BOD Percent Removal, EPA calculated the percent age remaining from the percentage removed (100 - %removal), and performed an EEQ anal ysis on those results. This resulted in a

95 th Percentile EEQ value for Monthly Average Percent R emoval BOD of 71.7%

.

EPA has included a Quarterly Average Percent Remova l requirement, based on weekly sampling results. The averaging over a quarter of weekly re sults will reduce the impact of the retention time lag in comparing influent to effluent results. EPA has also revised the limit to be aAttachment V Page 2 of 2 Pages

Permit No. PR0000591

minimum quarterly average of 70% . Falling below this minimum value will trigger a requirement to demonstrate to EPA that the lower pe rcentage removal observed was due solely to lower loading amounts flowing into the anaerobic treatment system (source reduction).

Table 3: EEQ Analysis Results and Revised Limitatio ns for Mass Loading at Outfall 002

95 th % (kg/day) 99 th %

(kg/day) 95 th % X

2.0/1.3 (kg/day) New

Limitation in kg/day New

Limitation in lb/day

BOD Daily

Maximum 27,533 41,127 42,359 42,400 93,280

BOD Monthly Average 19,512 29,321 30,019 30,000 66,200

TSS Daily

Maximum 46,651 74,353 71,771 71,200 156,640

TSS Monthly Average 29,378 43,701 45,196 45,200 99,440