Enviro Watch



If you have any questions in regards to the above, please do not hesitate to contact our offices so that we may explain the amendments to the provisions of the Code in more detail. Our address is:


Fiddler González & Rodríguez, P.S.C., P.O. Box 363507, San Juan, PR 00936-3507. Our fax (787) 759-3108.


We welcome your questions and comments.

Juan Carlos Gómez Escarce
(787) 759-3166


María L. González Hernández
(787) 759-3173



Eduardo Negrón Navas

(787) 759-3106


Pedro J. Reyes Bibiloni

(787) 759-3208





On June 4, 2015, the U.S. Environmental Protection Agency (EPA) issued a revised National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit for stormwater discharges from industrial activities (the “2015 MSGP”). The 2015 MSGP replaces the 2008 MSGP which expired on September 29, 2013. Industrial activities with 2008 MSGP coverage must submit a Notice of Intent (NOI) on or before September 2, 2015 in order to get coverage under the 2015 MSGP.

Although similar to the 2008 MSGP, the 2015 MSGP also requires:


  •  revised threatened and endangered species eligibility procedures
  •  public accessibility to the Stormwater Pollution Prevention Plan (SWPPP) information
  •  reduced inspection requirements
  •  electronic submission of the NOI, Notice of Termination, annual reports and monitoring
  •  additional specificity for some technology-based effluent limits
  •  industry specific requirements


Prior to submitting the NOI, the facility must revise and update as needed the SWPPP to assure compliance with the 2015 MSGP.


If you any questions regarding the 2015 MSGP applicability or new requirements, please contact us.




On June 22, 2015, EPA announced that it had issued revised and more stringent underground storage tank (UST) requirements. An official publication of the revised rule has not been published in the Federal Register yet. EPA’s revision pursues to establish uniform release protection standards among states and territories, and establishes specific implementation deadlines for the revised requirements. In addition, these requirements modify EPA’s original 1988 UST regulation by closing regulatory gaps, adding new technologies, and focusing on properly operating and maintaining existing UST systems.

The revised requirements include:


  • operator training and record keeping requirements in accordance with the Energy Policy Act of 2005
  • installation of secondary containment and interstitial monitoring for all new and replaced tanks and piping, and under-dispenser containment
  • walkthrough inspections to look at spill prevention and release detection equipment on specific time intervals (e.g., 30 days for certain equipment)
  • spill and overfill prevention, and containment sumps tests at least every three years
  •  testing of release detection equipment
  • removes deferral of release detection of UST's storing fuel for use by emergency generators, field-constructed tanks, airport hydrant systems and wastewater treatment tank systems
  • eliminates flow restrictors in vent lines as an overfill prevention equipment alternative
  •  revises the internal lining requirement for permanent closures
  • notification within 30 days of UST ownership change
  • new record keeping and notification requirements prior to switching to a regulated substance containing greater than 10% alcohol, 20% biodiesel or any other regulated substance
  • modifications to the repairs, monitoring (vapor and groundwater) and interstitial monitoring provisions


Although the Puerto Rico Environmental Quality Board UST regulation addresses some of these regulatory changes, we encourage owners and operators of UST facilities to assess their compliance status with both federal and Commonwealth UST regulatory provisions. Should you need assistance or further clarification on the applicability of these rules, please contact us at your convenience.


If you know anyone that would like to receive the FGR Environmental Watch, please feel free to forward this newsletter or send us and e-mail in order to be added as recipient. Stay tuned for further updates of FGR ENVIRONMENTAL WATCH.



©2016 Fiddler, González & Rodríguez, P.S.C. This Watch has been prepared by Fiddler, González & Rodríguez, P.S.C. for informational purposes only and does not constitute legal advice. This information does not create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this without seeking advice from professional advisers. Fiddler, González & Rodríguez, P.S.C. and its members assume no responsibility to inform you of additional changes in law or any other legal issues related to the matters discussed in this publication.



Office Location:

254 Muñoz Rivera Ave. 6th Floor

Hato Rey, Puerto Rico 00918


Mailing Address:

PO Box 363507

San Juan, PR 00936-3507


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