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





In 1992, the Environmental Protection Agency (EPA) promulgated the National Toxic Rule (NTR) establishing numeric water quality criteria for certain states and territories, including Puerto Rico, that at the time were not in compliance with Section 303(c)(2)(B) of the Clean Water Act (CWA). The numeric criteria became the applicable water quality standards in Puerto Rico for all purposes and programs under the CWA. On April 5, 2012, EPA proposed to withdraw certain criteria for Puerto Rico (Enviro Watch April 20, 2012, Vol. 2012 No. 3). On April 4, 2013, EPA adopted a final rule regarding the NTR for Puerto Rico, and withdrew the federal water quality criteria for Chromium VI, Mercury, Thallium, Dioxin, Dichlorobromomethane, Benzo(a)Anthracene, Benzo(a)Pyrene, Benzo(b)Flouranthene, Benzo(k)Flouranthene, Chrysene, Dibenzo(a,h)Anthracene, Indeno(1,2,3-cd)Pyrene, Fluorene, Isophrone, alpha-BHC, beta-BHC, gamma-BHC, alpha-Endosulfan, beta-Endosulfan, Endosulfan Sulfate, Endrin, Endrin Aldehyde, Heptachlor Epoxide, and polychlorinated byphenils (PCBs).


With this action, Puerto Rico has been completely removed from the NTR. This rule is effective on June 3, 2013.


On April 1, 2013, EPA proposed changes to the effluent limitation guidelines and standards applicable to storm waters from the Construction and Development point source category seeking to obtain coverage under the National Pollutant Discharge Elimination System (NPDES) permit (the C&D Rule). EPA is proposing to add a new definition for the term “infeasible” because several provisions of the C&D Rule require permittees to implement controls unless “infeasible”. The proposal defines “infeasible” to mean not technologically possible, or not economically practicable and achievable in light of best industry practices. EPA is revising the control storm water volume and velocity requirement to minimize soil erosion in order to minimize pollutant discharges; thus, linking the requirement to control soil erosion to the reduction of the amount of sediments, turbidity and other pollutants in the discharge. The proposed regulation also includes revising the C&D Rule requirements related to control peak flow rates and total storm water volume; soil compaction; maintenance of natural buffers; stabilization of disturbed areas; and exposure of building materials and products, construction wastes, pesticides, fertilizers, detergents to precipitation and storm water.


If you have any questions regarding this matter or would like to know more of our Firm’s experience in this area please call us. If you know anyone that would like to read the FGR Environmental Watch, please feel free to forward this article. Stay tuned for further updates of FGR ENVIRONMENTAL WATCH.

©2014 FIDDLER GONZÁLEZ & RODRÍGUEZ, P.S.C. Permission is granted to view, store, print, copy or distribute the content of this article for noncommercial or personal use, provided you do not alter it and you give us proper credit.

The content of this article is for informational purposes only. It is not legal advice or advertising. In addition, the above discussion has been provided in general terms and, therefore, should not be relied upon as legal advice applicable to a specific set of facts and circumstances. Before taking legal action, consult a lawyer you trust. Although we will try to be accurate, you cannot rely on its applicability to your specific problem without consulting your lawyer. Fiddler González & Rodríguez, P.S.C. and the members of the Environmental Practice Group assume no responsibility to inform you of additional changes in law or any other legal issues related to matters addressed in this email of which we may become aware after the date hereof.

***IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any United States federal tax advice in this communication (including any attachments) is not intended or written by Fiddler González & Rodríguez, PSC to be used, and cannot be used, for the purpose of (i) avoiding any penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ***



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Hato Rey, Puerto Rico 00918


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