Name of Preparer: Karen O’Brien, P.E. Permit No. PR0000591 

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 authorized 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 National Pollutant Discharge Elimination 

System (NPDES) permit, to the U.S. Environmental Protection 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 Attachment I. 
Name of Preparer: Karen O’Brien, P.E. Permit No. PR0000591 

Date: December 12, 2007 Page 2 of 4 Pages 

II. DESCRIPTION OF APPLICANT’S FACILITY AND DISCHARGE 

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 and 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 approximately 83,600 proof gallons per day. 

Within the last three years the permittee has modified the production process to extract 

more product from the raw molasses. The permittee included 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 combined outfall which discharges 

treated effluent from the Bayamón Regional WWTP, the 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 Atlantic 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 one 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 six (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 Puerto Rico Aqueduct and Sewerage 

Authority (PRASA) to dispose of treated effluents from the Bayamón and Puerto Nuevo 

RWWTPs. The Bayamón RWWTP and Puerto Nuevo RWWTP are municipal sewage 

treatment plants operated by the PRASA and their discharges are regulated by separate 

NPDES permits. The Atlantic Ocean is classified as SC water by the Puerto Rico Water 

Quality Standards Regulation (PRWQSR). The receiving water has been classified SC 

by the Environmental Quality Board (EQB) of the Commonwealth of Puerto Rico. A 

detailed description of the type and quantity of pollutants 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 current renewal of the NPDES permits 

for those facilities. The EPA Decision Document for the proposed granting of a waiver 

under Section 301(h) of the Clean Water Act is included as part of the administrative 

record for the draft permits for the PRASA Puerto Nuevo and Bayamón facilities. 

III. DESCRIPTION OF LIMITATIONS AND CONDITIONS

A brief summary of the effluent limitations, monitoring requirements and other 

conditions of the draft permit are described in Attachment II. 
Name of Preparer: Karen O’Brien, P.E. Permit No. PR0000591 

Date: December 12, 2007 Page 3 of 4 Pages 

IV. STATE CERTIFICATION REQUIREMENTS

State Certification requirements, based upon a final Water Quality Certificate (WQC) 

issued by the EQB dated June 12, 2007, are described 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 zone, or the ocean may be issued except in 

compliance with the Ocean Discharge Criteria. Since 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 Nuevo 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. Sufficient information is available to establish 

that the proposed discharge will not cause unreasonable degradation to the marine 

environment. 

VI. WHOLE EFFLUENT TOXICITY

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

as well as an effluent limitation for chronic toxicity. 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 (BOD5) and Total Suspended Solids (TSS). A discussion of the basis for these 

requirements is included as Attachment V. 

VII. ENVIRONMENTAL JUSTICE

EPA has performed an Environmental Justice Evaluation 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 Part 124, are described in the public 

notice of preparation of this draft permit. Included 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 procedures for participation in the final agency 

decision. 
Name of Preparer: Karen O’Brien, P.E. Permit No. PR0000591 

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 Centro Europa Apt. 417 

San Juan, Puerto Rico 00907 4127 

(787) 729 6951 

 

 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

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 limitations in the permit are equivalent to the 

most stringent values specified in the applicable technology based guidelines or water 

quality based limitations. The anti-backsliding decisions are made in accordance with the 

EPA Region II Antibacksliding Policy. 

Water Quality-Based Limits 

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

EPA has based the water quality-based limitations for 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 stringent limitations and 

conditions, as well as clarifying addendums to the EQB WQC. Such cases are noted 

below. 

Such limitations include: Arsenic; five-day Biochemical Oxygen Demand (BOD5); 

Cadmium; Color; Copper; Dissolved Oxygen; Enterococci; Fecal Coliforms; Flow; 

Lead; Mercury; Nickel; Nitrogen; Oil and Grease; pH; Solids and Other Matter; Sulfide 

(undissociated H2S); Surfactants as Methylene Blue Activate Substances (MBAS); 

Suspended, Colloidal or Settleable Solids; Taste and Odor Producing Substances; 

Temperature; Total Coliforms; Thallium; Turbidity; and Zinc. 

The WQC was issued by the EQB for the purpose of assuring compliance with EQB's 

water quality standards and compliance with other appropriate requirements of 

Commonwealth law as provided by Section 401(d) of the 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 outfall from the Bacardi and 

PRASA Puerto Nuevo RWWTP and Bayamón RWWPT. 

Water quality-based effluent limitations included in the WQC incorporate the revised 

Critical Initial Dilution (CID) factor of one hundred 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 result of the calculation based on the 

approved mixing zone and the allowable discharge that 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. PR0000591 

Date: November 30, 2007 Page 2 of 3 Pages 

Suspended, Colloidal, or Settleable Solids

A footnote (#) was added in Table A-1 under the parameter Suspended, Colloidal, or 

Settleable Solids to clarify that testing for these parameters should be conducted for 

Settleable Solids. 

Special Condition 5: Sulfide (Undissociated H2S)

The WQC issued by EQB includes an effluent limitation and monitoring requirement for 

Sulfide (undissociated H2S). The WQC does not specify an analytical method for H2S in 

Special Condition No. 5 of the WQC which requires that the analytical method which 

achieves the lowest possible detection level must be utilized. EPA has included footnote 

@ for Sulfide in Table A-1 which specifies a particular methodology, as well as a 

clarification to Special Condition No. 5. 

EQB Special Condition 18 and EQB Table A-2: Bacterial Limitations

EPA has removed the interim limitations for bacterial 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 Condition 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 sheet. 

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 treatment works (POTWs) and industrial 

facilities have the technological capability to treat 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 granted 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 included 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 Effluent Toxicity (WET) for the 

combined discharge of the Bacardi, and PRASA Bayamón RWWTP and Puerto Nuevo 

RWWTP. WET monitoring requirements have also been included for the combined 
Name of Preparer: Karen O’Brien Permit No. PR0000591 

Date: November 30, 2007 Page 3 of 3 Pages 

discharge and the discharge 001 from the Bacardi facility. Similar monitoring 

requirements have been incorporated into the NPDES permits for the PRASA Bayamón 

RWWTP and Puerto Nuevo RWWTP. A detailed discussion of WET requirements is 

included as Attachment IV to this fact sheet. 

Technology-Based Limits 

Discharge Outfall 002:

The limitations for mass loading of BOD5 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:

BOD5 - 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 Professional Judgement (BPJ) using the 

Effluent Limitations Guidelines (ELG) for secondary treatment described in 40 CFR 

§133.102(a)(1) and (3), respectively. These limitations are equal to or more stringent 

than the existing NPDES permit in accordance with the antibacksliding requirements in 

40 CFR § 122.44(l). The daily maximum limitation is based on the water quality-based 

limitation of 5.0 mg/l, which is more stringent than 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 treatment requirements. 

 

Total Suspended Solids - The 30 day average and 7 day average effluent limitations and 

the 30 day average percent removal limitation are technology based BCT (Best 

Conventional Pollutant Control Technology) limits based on Best Professional 

Judgement (BPJ) using the Effluent Limitations Guidelines (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 NPDES 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 years. 

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. Also, 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 application for 

the definition and authorization of a Mixing Zone and the approval of Compliance 

Plans, for the combined discharge of the Puerto Nuevo and Bayamón Regional 

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 determined 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 date that the 

WQC is received). 

This Agency reserves the right to comment at a later date concerning other 

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.doc 
Page 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 provisions 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 m3/day (2.0 

MGD) as daily maximum. No increase in flow shall be authorized without 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 exceed 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 lowest 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 18th Edition, 1992, to determine 

the concentration of undissociated H2S. 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 H2S should be reported as “below 

detection limit”. 2,3

6. The solid wastes (sludge, screenings and grit) generated due to the treatment system 

operation shall be: 

a. Disposed in compliance with the applicable requirements established in the 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 generated 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 disposal 

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 obtain 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 treatment 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 Service 

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 shall 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 promulgated and said 

prohibition or standard is more stringent than any condition, restriction, prohibition or 

standard contained in the NPDES permit, such permit shall be modified accordingly 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 permitted 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 equipment 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 primary 

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 constant 

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) ports 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) (NO2, NO3, NH3) 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 H2S) 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 editions 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 not exceed the color of the receiving water body (background monitoring station). 

** No heat may be added to the waters of Puerto Rico, which would cause the temperature of any site to exceed 90oF (32.2oC). 
 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 and 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 above 

mentioned publications shall be followed at all times. If the permittee wants 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, methods, 

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 shall 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 zone 

authorization according with Section 5.14 of the PRWQSR. 

i. Solids from wastewater sources shall not cause deposition in, or be deleterious 

to, the existing or designated uses of the waters. 

j. The discharge shall not cause the growth or propagation of organisms that 

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 system 

[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 approval 

of the EQB, a protocol to conduct such study(ies). Sixty (60) days after the 

EQB approval, the permittee shall initiate such study(ies). Ninety (90) days after 

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 for 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 as 

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 Amended. 

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). 
 EQB Water Quality Certificate 

TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDDuring the period beginning on EDP and lasting through EDP + 5 years the permittee is authorized to dserial number 001 the combined wastewaters described at the final of this Table. Such discharge shall be li

by the permittee as specified below: Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Arsenic (As) (μg/l) 2,4 36.4 Monthly 

BOD5 (mg/l) 1,2,3,4

α 17,700 Monthly 

Cadmium (Cd) (μg/l) 2,3,4 16.00 Monthly 

Color (Pt-Co Units) 2,3,4 98,621 Monthly 

Copper (Cu) (μg/l) 2,3,4 3,836 Monthly 

Cyanide, Free (CN) (μg/l) 2,3,4 βγ 40 Monthly 

Dissolved Oxygen (mg/l) 1,2,3,4 ---- Daily 

Flow m3/day (MGD) 4,5 7,570.80 (2.0) Continuou

Lead (Pb) (μg/l) 2,3,4 43.8 Monthly 

Mercury (Hg) (μg/l) 2,3,4 

γ 0.67 Monthly 

Nickel (Ni) (μg/l) 2,3,4 569 Monthly 
 EQB Water Quality Certificate 

TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDReceiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Nitrogen (NO3, NO2, NH3) 

(mg/l) 2,3,4

 207.000 Monthly 

Oil and Grease (mg/l) 2,4 The water of Puerto Rico shall be substantially free 

from floating non-petroleum oils and greases as well as petroleum derived oils and greases. 

Twice per 

Month 

pH (SU) 2,3,4 Shall always lie between 6.0 – 9.0. Daily 

Radioactive Materials (picocuries/l) 2,4

---- 

φ 

Silver (Ag) (μg/l) 2,3,4 81.2 Monthly 

Solids and Other Matter 2,4 The water of Puerto Rico shall not contain floating 

debris, scum or other floating materials attributable to discharges in amounts sufficient to be unsightly or deleterious to the existing or designated uses of the water body. 

---- 

Sulfide (undissociated H2S) 

(μg/l) 2,3,4

δ

 108,401 Monthly 
 EQB Water Quality Certificate 

TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPDReceiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum Measurements 

Frequency 

Surfactants (as Methylene Blue Activate Substances) (μg/l) 1,2,3,4

 1,657 Monthly 

Suspended, Colloidal or Settleable Solids (ml/l) 1,2,4

Solids from wastewater sources shall not cause deposition in, or be deleterious to, the designated uses of the waters. 

Daily 

Taste and Odor-producing Substances 2,4

Shall contain none in amounts that will render any undesirable taste or odor to edible aquatic life. 

---- 

Temperature 

oF (

oC) 2,3,4 105.8 (41) Daily 

Thallium (Tl) (μg/l) 2,3,4 36.3 Monthly 

Turbidity (NTU) 2,3,4 11,498 Monthly 

Zinc (Zn) (μg/l) 2,3,4 3,269.00 Monthly 

Special Conditions See attached sheet, which contains special conditions 

that constitute part of this certification. 

---- 
 EQB Water Quality Certificate 

TABLE A-1 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

Receiving Water Name and Classification: Atlantic Ocean, SC Notes: 

To comply with the monitoring requirements specified above, samples shall be taken at the outfall of dis001. All flow measurements shall achieve accuracy within the range of plus or minus 10%. 

The wastewaters to be discharged from Bacardí, through the discharge 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. CO2 plant condensate and washes. 

p. sanitary plant (discharge 003). 

q. sanitary plant (discharge 004). 

r. process water treatment steam traps. 
 EQB Water Quality Certificate 

φ The permittee shall implement a monthly monitoring program using the analytical method approved by 

possible detection level, in accordance with Section 6.2.3 of the PRWQSR as amended, for one (1) ye

they will be conducted annually. The monitoring program shall commence no later than thirty (30) written approval of the Quality Assurance Project Plan (QAPP). The QAPP must be submitted for evof EQB no later than thirty (30) days after the EDP. The results of the monitoring program shall be suEPA-Region II no later than sixty (60) days of completion of the one year monitoring program. Based 

the results obtained, EQB will determine if an effluent limitation is necessary for these parameters. In will be reopened to include the applicable effluent limitation if considered necessary. 

α The effluent limitation for BOD5 is based on the Mixing Zone Application for the PRASA and Baca

determining that there is a reasonable assurance that this limit will not cause violations to the wate

Dissolved Oxygen for Class SC. 

γ See Special Condition 3. β The samples shall be analyzed using the method approved by EPA in letter of February 20, 2007. 

δ See Special Condition 5. 1, 2, 3, 4, 5, 6 and 7 see page 11 of Special Conditions 
 EQB Water Quality Certificate 

TABLE A-2 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

Receiving Water Name and Classification: Atlantic Ocean, SC During the period beginning on EDP and lasting through (EDP + 24 months)** the permittee is authorizoutfall serial number 001 the combined wastewaters described at the final of Table A-1. Such discharge 

monitored by the permittee, as specified below: 

Effluent Characteristics Gross Discharge Limitations Monitoring 

 Monthly Average Daily Maximum * Measurements 

Frequency 

Enterococci (col/100 ml) 1,2,4,7 ---- Monthly 

Fecal Coliforms (col/100 ml) 1,2,4,7 1,200,000 Monthly 

Total Coliforms (col/100 ml) 1,2,4,7 1,600,000 Monthly 

Notes: 

To comply with the monitoring requirements specified above, samples shall be taken at the outfall of dis001. * The geometric mean of a series of representative samples (at least five samples) of the water taken se

instance. 

** See Special Condition 18.b. 1, 2, 3, 4, 5, 6 and 7 see page 11 of the Special Conditions. 
 EQB Water Quality Certificate 

TABLE A-3 EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS NPD

During the period beginning on (EDP + 24 months + 1 day)* and lasting through EDP + 5 years the permdischarge from outfall serial number 001 the combined wastewaters described at the final of Table A-1. Su

limited and monitored by the permittee, as specified below: Receiving Water Name and Classification: Atlantic Ocean, SC 

Effluent Characteristics Gross Discharge Limitations Monitorin

 Monthly Average Daily Maximum Measuremen

Frequency 

Enterococci (colonies/100 ml) 1,2,4,7

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 sitespecific log standard deviation. 

Monthly 

Fecal Coliforms (col/100 ml)1,2,4,7 

The 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. 

Monthly 

Total Coliforms (col/100 ml) 1,2,4,7 

The 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. 

Monthly 

Notes: To comply with the monitoring requirements specified 

above, samples shall be taken at the outfall of discharge serial number 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 Requirements

The previous permit issued to the Bacardi Corporation 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 treatment plants. It was agreed between 

these dischargers and the Puerto Rico EQB during the term of the previous permit that whole 

effluent toxicity testing would be performed on a flow weighted composite sample of the three 

effluents. The testing included acute lethality toxicity 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 to 

chronic toxicity measured by fertilization of this species. Results of testing the combined effluent 

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

The previous permit also included the following requirement in Special Condition No. 16, which 

authorizes the interim mixing zone: 

ABased on the review of the test results, the EQB can require additional toxicity tests, 

including toxicity/treatability studies and can revoke the interim or final mixing zone 

authorization according with Section 5.14 of the PRWQSR.@

The PRWQSR defines the water quality criterion for toxicity as AThe waters of Puerto Rico shall 

not contain any substance at such concentration which, 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, 

AAt the boundaries of the proposed mixing zone, after 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 parameters, as defined in 

Section 5.5, do not exceed the applicable water quality standards. 

b. The acute toxicity units measure in a acute biossay 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 criteria 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 criterion for chronic toxicity. The results of the recent 

testing for this species are summarized below in Table 1. 

Table 1: Results of Chronic Toxicity Testing of Arbacia Punctulata for the composite 

effluent of the Bacardi, PRASA Bayamón, and PRASA Puerto 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 Potential 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, and 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 104 would potentially cause an excursion of the 

criterion of 1.0 TUc, and are shaded in grey in Table 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 calculates a projection based on previous testing 

results, and although there may not have been any result that indicated an excursion of criterion, 

it predicts whether past results indicate the potential 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 Reasonable Potential Multiplying Factors at both the 

95% and 99% Confidence Levels and respective Probability Bases. EPA examined the fourteen 

inverse IC25 results in Table 1. The TSD recommends 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 for 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 99th Percentile Confidence Level, on three separate occasions the projection after 

multiplying the RPMF would be higher than 104. These 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 Potential. 

Where Reasonable Potential exists for a parameter to exceed a water quality criterion, EPA must 

include a limitation in the NPDES permit for that discharge. It is clear to EPA from the above 

analysis that both the NOEC values and IC25 values for fertilization indicate reasonable 
Attachment 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 mixing 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 limitation 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 chronic 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 population when compared to the controlled sample 

response). The IC25 value is calculated through interpolation 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, or concentration at which no effects are 

observed. EPA Region 2 does not consider 25% reduction to be Ano effect@, and therefore has 

adjusted the IC25 number to be slightly more conservative than the NOEC value that would be 

calculated using the dilution factor of 104. The limit 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 than 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 compliance with this limitation, and 

therefore has adjusted the limitation to an IC25 value of no less than 1.00% effluent. 

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

individual effluents from these three facilities, as 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 occur 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 toxicity observed in the combined discharge. 

EPA is also requiring that all three dischargers develop plans for a toxicity reduction evaluation 

(TRE) within the first six months of the permit term. 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 solely 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 combined discharge would require these three 

permittees to activate their TRE workplans, and implement 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 Outfall 002 

The permittee has requested that EPA reevaluate the requirements for five-day Biochemical 

Oxygen Demand (BOD5) at Outfall 002, located just after the anaerobic digesters. This request 

is due to the changes in the production processes that have resulted in lower loading amounts 

flowing into the anaerobic digester treatment system. 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 the effluent as reported in the Discharge 

Monitoring Reports (DMRs) for this facility. 

As a result of these changes to the production processes, 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. However, EPA also intends to ensure that the 

permittee operates the anaerobic digesters at optimum treatment efficiency. Revised limitations 

were calculated based on the existing effluent quality (EEQ), which is a statistical projection 

based on past discharge results. 

EPA Region 2 utilizes the 95th percentile of the lognormal distribution of the monitoring 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 analysis. The results of the EEQ analysis 

are tabulated below in Table 3. 

The permittee has explained to EPA that the mosto waste is retained in an equalization tank prior 

to treatment for 1-2 days, and the retention time in the anaerobic digester is approximately 10-12 

days. Therefore, the loading observed at Outfall 002 is likely the result of waste that was 

produced as much as two weeks prior to being discharged 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 revised limitations are shown in Table 3. 

For BOD Percent Removal, EPA calculated the percentage remaining from the percentage 

removed (100 - %removal), and performed an EEQ analysis on those results. This resulted in a 

95th Percentile EEQ value for Monthly Average Percent Removal BOD of 71.7%. 

EPA has included a Quarterly Average Percent Removal requirement, based on weekly sampling 

results. The averaging over a quarter of weekly results will reduce the impact of the retention 

time lag in comparing influent to effluent results. EPA has also revised the limit to be a 
Attachment 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 percentage removal observed was due solely 

to lower loading amounts flowing into the anaerobic treatment system (source reduction). 

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

 

95th %

(kg/day) 

99th %

(kg/day) 

95th % 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