Puma Energy Caibe, LLC npdes no. PR000370
United States Environmental Protection Agency
Region 2
Clean Water Division
290 Broadway
New York, New York 10007
FACT SHEET
DRAFT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PUMA Energy Caribe. LLC
PERMIT No. PR0000370
This Fact Sheet sets forth the principle facts and technical rationale that serve as the legal basis for the
requirements of the accompanying draft permit. The draft permit has been prepared in accordance with Clean
Water Act (CWA) section 402 and its implementing regulations at Title 40 of the Code of Federal Regulations
(CFR), Parts 122 through 124, and the interim Water Quality Certificate (WQC) issued by the Puerto Rico
Environmental Quality Board (EQB) pursuant to CWA section 401 requirements.
Pursuant to 40 CFR 124.53, the Commonwealth of Puerto Rico must either grant a certification pursuant to CWA
section 401 or waive this certification before the U.S. Environmental Protection Agency (EPA) may issue a final
permit. On March 19,1024, EQB provided in the WQC that the allowed discharge will not cause violations to the
applicable water quality standards at the receiving water body if the limitations and monitoring requirements in the
WQC are met. In accordance with CWA section 401, EPA has incorporated the conditions of the interim WQC
into the draft permit. Any changes to the interim WQC will be incorporated into the final issuance of the permit.
The WQC conditions are discussed in this Fact Sheet and are no less stringent than allowed by federal
requirements. Additional requirements might apply to comply with other sections of the CWA. Review and appeals
of limitations and conditions attributable to the WQC were made through the applicable procedures of the
Commonwealth of Puerto Rico and not through EPA procedures.
Background
A. Permittee and Facility Description
The Puma Energy Caribe, LLC (referred to throughout as the Permittee) has applied for renewal of its National
Pollutant Discharge Elimination System (NPDES) permit. The Permittee is discharging pursuant to NPDES Permit
No. PR0000370. The Permittee submitted Application Form 1 dated November 14, 2011 and Form 2C, and 2F
dated November 14, 2011, and applied for an NPDES permit to discharge treated wastewater (from underground
storage tank water from service stations, above ground storage tanks cleaning, refinery cleaning - process sewer,
laboratory discharges, tanks secondary containment drain to pit #1, stormwater from process dikes area,
underground recovery system, dock's stormwater collection tank, loading rack process sewer stormwater/tank
truck spill, and aboveground storage tanks condensate drainage) and waters composed of entirely stormwater
from The Puma Energy Caribe, LLC, Bayamon, called the facility. The facility is classified as a major discharger
by EPA in accordance with the EPA rating criteria.
The Permittee owns and operates wholesale petroleum bulk station and terminal. Attachment A of this Fact Sheet
provides a map of the area around the facility and a flow schematic of the facility.
The treatment system for outfall 001 consists of the following:
The wastewater treatment plant contains facilities for the treatment of oily wastewater and contaminated
stormwater. The treatment facilities are; a knockout pit, two primary oil/water/solids separators, a secondary
oil/water/solids separator, a biological treatment plant and sand filters.
Solids generated from the system are managed as hazardous waste upon removal from the treatment units.
An administrative compliance order was issued on May 11, 2011 by the EPA to the Permittee following acquisition
of the property from Caribbean Petroleum Refining, L.P. Two applications were submitted, one corresponding to
present operations and another corresponding to proposed future operations. The Permittee intends to demolish
the refinery and then demolish the wastewater treatment plant which will eliminate Outfall 001. The only remaining
discharge to waters will correspond to noncontact stormwater runoff through Outfall 002.
NPDES Fact Sheet 1
-------
Puma Energy Caribe, LLC npdes no. PR0000370
Summary of Permittee and Facility Information
Permittee
Puma Energy Caribe, LLC
Facility contact, title, phone
Mr. Victor Dominguez, General Manager 787-622-6499
Permittee (mailing) address
P.O. Box 11961, San Juan, PR 00922
Facility (location) address
State Road No. 28 KM 2.0, Luchetti Industrial Park, Bayamon, PR 00961
Type of facility
Industrial with SIC code 5171 and 2911
Pretreatment program
N/A
Facility monthly average flow
0.720
Facility design flow
0.720
Facility classification
Major
B. Discharge Points and Receiving Water Information
Wastewater is discharged from Outfall 001 to the San Juan Bay and stormwater is discharged from Outfall 002 to
Las Lajas Creek of the United States.
The draft permit authorizes the discharge from the following discharge point(s):
Outfall
Effluent description
Outfall latitude
Outfall longitude
Receiving water name and
classification
001
Wastewater
18.00°, 25.00', 6.72"N
66.00°, 8.00', 10.73" W
San Juan Bay, SC
002
Stormwater
18.00°, 25.00', 8.37"N
66.00°, 8.00', 3.39" W
Las Lajas Creek, SD
As indicated in the Puerto Rico Water Quality Standards (PRWQS) Regulations, the designated uses for Class
SC and SD receiving waters include:
Class SC - Coastal waters intended for primary contact recreation use from the zone subject to ebb and flow
of tides (mean sea level) to 3 miles seaward, and secondary contact recreation from 3 miles seaward to 10.35
miles seaward, and for the propagation and preservation of desirable species, including threatened or
endangered species.
Class SD - Surface waters intended for use as a raw source of public water supply, propagation and
preservation of desirable species, including threatened or endangered species, as well as primary and
secondary contact recreation. Primary contact recreation is precluded in any stream or segment that does not
comply with Rule 1302.2 (D) (2) (I) until such stream or segment meets the goal of the referred section.
CWA section 303(d) requires the Commonwealth of Puerto Rico to develop a list of impaired waters, establish
priority rankings for waters on the list, and develop TMDLs for those waters. The receiving water has not been
determined to have water quality impairments for one or more of the designated uses as determined by section
303(d) of the CWA.
C. Mixing Zone/Dilution Allowance
The WQC has authorized an interim mixing zone for this discharge in accordance with Rule 1305 of PRWQS
which was included in the previous permit.
D. Compliance Orders/Consent Decrees
The Permittee has an administrative compliance order (ACO) CWA-02-2011-3119 that was issued on May 11,
2011 by EPA. The ACO addresses the facility acquisition as is relates to the applicability of the NPDES program
to the facility.
NPDES Fact Sheet 2
-------
Puma Energy Caribe, LLC npdes no. PR0000370
E. Summary of Basis for Effluent Limitations and Permit Conditions - General
The effluent limitations and permit conditions in the permit have been developed to ensure compliance with the
following, as applicable:
1. Clean Water Act section 401 Certification
2. NPDES Regulations (40 CFR Part 122)
3. PRWQS (March 2010), and
4. Secondary Treatment Requirements (40 CFR 133).
PART I. RATIONALE FOR EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
CWA section 301(b) and 40 CFR 122.44(d) require that permits include limitations more stringent than applicable
technology-based requirements where necessary to achieve applicable water quality standards. In addition,
40 CFR 122.44(d)(1)(i) requires that permits include effluent limitations for all pollutants that are or may be
discharged at levels that cause, have the reasonable potential to cause, or contribute to an exceedance of a
water quality criterion, including a narrative criterion. The process for determining reasonable potential and
calculating water quality-based effluent limits (WQBELs) is intended to protect the designated uses of the
receiving water, and achieve applicable water quality criteria. Where reasonable potential has been established
for a pollutant, but there is no numeric criterion for the pollutant, WQBELs must be established using (1) EPA
criteria guidance under CWA section 304(a), supplemented where necessary by other relevant information; (2) an
indicator parameter for the pollutant of concern; or (3) a calculated numeric water quality criterion, such as a
proposed state criterion or policy interpreting the state's narrative criterion, supplemented with other relevant
information, as provided in 40 CFR 122.44(d)(1)(vi).
The effluent limitations and permit conditions in the permit have been developed to ensure compliance with all
federal and state regulations, including PRWQS. The basis for each limitation or condition is discussed below.
A. Effluent Limitations
The permit establishes Technology-based Effluent Limitations (TBELs) and WQBELs for several pollutants and
the basis for these limitations are discussed below.
1. Flow: Effluent limitations for flow has been established in the permit. Monitoring conditions are applied
pursuant to 40 CFR 122.21 (j)(4)(ii) and the WQC.
2. 5-Day Biochemical Oxygen Demand (BODs): The effluent concentrations are based on technology-
based secondary treatment standards for biological treatment.
3. pH: The effluent limitation for pH is based on the water quality criterion for Class SC and SD waters as
specified in Rule 1303 and 1306 of PRWQS, and the WQC.
4. Temperature: The effluent limitation for temperature is based on the water quality criterion for Class SC
and SD waters as specified in Rule 1303 and 1306 of PRWQS, and the WQC.
5. Fecal Coliform and Total Coliform: The discharge consists of process water outfall 001 and stormwater
outfall 002 that is a source of pathogens. To ensure that the recreational use of the water body is met,
effluent limitations for fecal coliform and total coliform are established in the permit and are based on the
water quality criterion for Class SC and SD waters as specified in Rule 1301, 1303 and 1306 of PRWQS,
and the WQC. Consistent with the expression of the water quality criteria for fecal coliform, EPA
establishes a monitoring frequency of 5 grab samples per month to calculate a geometric mean and to
monitor and report the single sample result of each of the 5 samples to comply with the effluent limitation
of no more than 20 percent of the single samples must be above the single-sample maximum of
400 colonies per 100 mL.
6. Dissolved Oxygen (DO): The effluent limitation is based on the water quality criterion for Class SC and
SD waters as specified in Rule1301, 1303 and 1306 of PRWQS, and the WQC.
7. Whole Effluent Toxicity (WET): CWA section 101 (a) establishes a national policy of restoring and
maintaining the chemical, physical, and biological integrity of the nation's waters. Specifically, CWA
section 101 (a)(3) and PRWQS Rule 1303(1) prohibit the discharge of toxic pollutants in toxic amounts.
Federal regulations at 40 CFR 122.44(d) also require that where the permitting authority determines,
through the analysis of site-specific WET data, that a discharge causes, shows a reasonable potential to
NPDES Fact Sheet 3
-------
Puma Energy Caribe, LLC npdes no. PR0000370
cause, or contributes to an excursion above a water quality standard, including a narrative water quality
criterion, the permitting authority must establish effluent limits for WET. To satisfy the requirements of the
CWA, its implementing regulations, and the PRWQS, a reasonable potential analysis for WET was
conducted for this discharge.
PRWQS do not provide a numeric criterion for toxicity. Therefore, consistent with the recommendations of
section 2.3.3 of EPA's Technical Support Document (TSD) for Water Quality-Based Toxics Control
(EPA-505-2-90-001), values of 0.3 acute toxic unit (TUa) and 1.0 chronic toxic unit (TUC) were used to
interpret the narrative water quality criteria for WET established in PRWQS Rule 1303(1). No limits have
been established, however, the permit establishes monitoring requirements which will be evaluated by
EQB to determine if effluent limitations are necessary.
In addition, the permit establishes a requirement for the Permittee to conduct accelerated testing and
develop a Toxicity Reduction Evaluation (TRE) Workplan as Special Conditions. These requirements are
necessary to ensure that the Permittee has a process for addressing effluent toxicity if toxicity is
observed.
8. Toxic Metals, Organic Compounds, Sulfide and Cyanide: In accordance with 40 CFR 122.44(d), a
WQBEL must be established if the discharge of a pollutant demonstrates that it is or might be discharged
at a level that will cause, have the reasonable potential to cause, or contributes to an excursion above
any state water quality standard. The need for WQBELs is based on the procedures specified in section 5
of EPA's TSD and by comparing effluent data and water quality criteria established in PRWQS Rule 1303
and the National Toxics Rule at 40 CFR 131.36(d)(4). On the basis of review of effluent and other data,
EPA has determined the following:
~ Copper has been identified as a contaminant of concern for the facility.
~ Ammonia, total and hexavalent Chromium, Nitrogen, Selenium and Barium were found to be not
present in amounts that would exceed the PRWQS, therefore, they have not been included in the Draft
WQC.
~ Chemical Oxygen Demand was not found in amounts that would exceed the water quality
criterion, therefore, they have not been included in the Draft WQC.
r Manganese and Barium are not regulated in the PRWQS, therefore, they have not been included
in the Draft WQC.
r Zinc has been identified as contaminants of concern for the facility.
r Mercury was found to be discharged in quantifiable amounts in the effluent. No dilution
allowances exist for mercury; therefore EPA has applied water quality criterion at the end-of-pipe. The
mercury criteria is less stringent than the existing permit limit. The permittee has exceeded the current
limit in the existing permit, therefore relaxation of the mercury limit is consistent with the EPA's
antibacksliding policy.
L Total Phenolics is not regulated in the PRWQS regulations as a parameter itself, however, a
monitoring program has been established for Pentachlorophenol, 2-Chlorophenol, 2-Methyl-4,6-
Dinitrophenol, 2,4,6-Trichlorophenol and 2,4-Dichlorophenol to obtain data to determine discharge 001
violation potential for the above mentioned parameters. The decision about phenolics was based on the
results of a review process of the reported values for Total phenolics, compared to the WQS of each
substance.
n Cyanide, Nickel, Surfactants and Turbidity limitations remain in the permit. Interim limits have
been allowed for these parameters. However, following EDP + 8 months and 1 day, more stringent water
quality based effluent limits will be imposed based on the compliance schedule.
L Sulfide has been identified as a contaminant of concern for the facility.
~ Acids, Base/Neutrals, pesticides, metals (excluding silver, copper and zinc), and volatiles were
not found to be discharged in the effluent. Thus, these toxic pollutants do not have effluent limitations
proposed in the permit. However, monitoring and reporting requirements have been established as
authorized by 40 CFR 122.44(d) and the need to reevaluate the necessity for a WQBEL upon renewal of
the permit.
NPDES Fact Sheet 4
-------
Puma Energy Caribe, LLC npdes no. PR0000370
B. Effluent Limitations Summary Table
Outfall Number 001
Parameter
Units
Effluent limitations
Averaging
period
Highest
Reported
Value (1)
Existing
limits
Interim
limits
Final
limits
Basis
Effluent Flow
mgd
Continuous
recording
0.68
0.72
—
0.72
TBEL
Effluent BOD, 5-day (20°C)
mg/L
Average Monthly
Daily Maximum
63
45
-
30
45
TBEL
kg/day
Average Monthly
Daily Maximum
113.94
100.16
180.40
-
81.65
122.47
TBEL
Color
Pt-C Units
Maximum Daily
Average Monthly
—
-
-
-
WQBEL
Copper
Mg/i
Maximum Daily
-
-
-
3.73
WQBEL
Dissolved Oxygen
mg/L
Daily Minimum
4.1 (2)
4.0
-
4.0
WQBEL
Effluent TSS
mg/L
Average Monthly
Daily Maximum
-
-
-
30
45
TBEL
kg/day
Average Monthly
Daily Maximum
106.81
80.24
125.77
-
81.65
122.47
TBEL
pH
standard
units
Minimum
Maximum
7.32 (2)
8.48
7.3
8.5
-
7.3
8.5
WQBEL
Enterococci
(colonies/10
0 ml)
-
-
-
-
Monitor only
WQBEL
Fecal Coliforms
(colonies/
100 ml)
Average Monthly
Maximum Daily
605.47
2000
4000
-
200
400
WQEL
%
Exceeding
Limit
Daily Maximum
-
20
-
20
WQBEL
Mercury
Mg/L
Daily Maximum
0.195
0.025
-
0.051
WQBEL
Solids and other Matter
N/A
N/A
-
-
-
WQBEL
Suspended, Colloidal or
Settleable Solids
(mL/L)
Daily
-
-
-
Narrative
WQBEL
Taste and Odor Producing
Substances
N/A
N/A
-
-
-
Narrative
WQBEL
Temperature
°F (°C)
Daily Maximum
(32.1°C)
90° (32.2°)
and Narrative
-
90° (32.2°)
and Narrative
WQBEL
Oil and Grease
(mg/l)
Daily Average
Maximum Daily
6.9
10.7
10.0
15.0
-
Narrative
WQBEL
2,4,6-Trichlorophenol
Mg/L
1/Monthly
-
-
-
Monitor only
N/A
2,4-Dichlorophenol
Mg/L
1/Monthly
-
-
-
Monitor only
N/A
2-Chlorophenol
Mg/L
1/Monthly
-
-
-
Monitor only
N/A
NPDES Fact Sheet 5
-------
Puma Energy Caribe, LLC npdes no. PR0000370
Parameter
Units
Effluent limitations
Averaging
period
Highest
Reported
Value (1)
Existing
limits
Interim
limits
Final
limits
Basis
2-Methyl-4,6-Dinitrophenol
mq/l
1/Monthly
-
-
-
Monitor only
N/A
Pentachlorophenol
mq/l
1/Monthly
-
-
-
Monitor only
N/A
Cyanide, Free (CN)
Mg/i
Daily Maximum
-
-
72.0
1.0
WQBEL
Nickel (Ni)
Mg/i
Daily Maximum
6.1
152
12.64
8.28
WQBEL
Zinc (Zn)
Mg/i
Daily Maximum
31.
70.00
-
85.62
WQBEL
Sulfide (undissociated H2S)
Mg/i
Daily Maximum
21.
2.44
-
2.0
WQBEL
Surfactants (as Methyl Blue
Active substances)
Mg/i
Daily Maximum
809
555
555
500
WQBEL
Turbidity
Mg/i
Daily Maximum
37.8
110
75
10
WQBEL
Notes. Footnotes and Abbreviations
Note: Dashes (--) indicate there are no effluent data, no limitations, or no monitoring requirements for this parameter.
(1) Wastewater data from January 2011 to June 2014.
Outfall Number 002
Parameter
Units
Effluent limitations
Averaging
period
Highest
Reported
Value (1)
Existing
limits
Interim
limits
Final
limits
Basis
Effluent Flow
mgd
Monitor only
27.932
N/A
-
N/A
N/A
Effluent BOD, 5-day (20°C)
mg/L
Monitor Only
-
-
-
Monitor only
N/A
kg/day
Monitor Only
-
-
-
Monitor only
N/A
Color
Pt-C Units
Maximum Daily
Average monthly
-
15
-
Monitor only
N/A
Effluent TSS
mg/L
Maximum Daily
2800
-
-
Monitor only
N/A
kg/day
-
-
-
-
Monitor only
N/A
pH
standard
units
Minimum
Maximum
6.31(2)
8.58
6.0
9.0
-
6.0
9.0
WQBEL
Fecal Coliforms
(colonies/
100 ml)
Monthly Average
Daily Maximum
-
2000
4000
-
200
400
WQEL
%
Exceeding
Limit
Daily Maximum
-
20
-
20
WQBEL
Total Coliform
(colonies/
100 ml)
Average Monthly
-
10,000
-
10,000
WQBEL
Solids and other Matter
N/A
Monitor Only
-
-
-
Narrative
WQBEL
NPDES Fact Sheet
6
-------
Puma Energy Caribe, LLC npdes no. PR0000370
Parameter
Units
Effluent limitations
Averaging
period
Highest
Reported
Value (1)
Existing
limits
Interim
limits
Final
limits
Basis
Suspended, Colloidal or
Settleable Solids
(mL/L)
Daily
-
-
-
Narrative
WQBEL
Taste and Odor Producing
Substances
N/A
N/A
-
-
-
Narrative
WQBEL
Temperature
°F (°C)
Daily Maximum
(32.4)
90 (32.2) and
Narrative
-
90 (32.2) and
Narrative
WQBEL
Oil and Grease
(mg/l)
Bi-Monthly Average
5.2
15.0
-
Narrative
WQBEL
Pentachlorophenol
Mg/i
1/Monthly
-
-
-
Monitor only
N/A
Sulfide (undissociated H2S)
Mg/i
Daily Maximum
-
2
-
Monitor only
N/A
Surfactants (as Methyl Blue
Active substances)
Mg/i
Daily Maximum
-
100
-
Monitor only
N/A
Notes. Footnotes and Abbreviations
Note: Dashes (--) indicate there are no effluent data, no limitations, or no monitoring requirements for this parameter.
(1) Wastewater data from January 2011 to June 2014.
(2) Minimum reported value.
C. Monitoring Requirements
NPDES regulations at 40 CFR 122.48 require that all permits specify requirements for recording and reporting
monitoring results. The Part III of the Permit establishes monitoring and reporting requirements to implement
federal and state requirements. The following provides the rationale for the monitoring and reporting requirements
for this facility.
1. Effluent Monitoring Requirements
Effluent monitoring frequency and sample type have been established in accordance with the
requirements of 40 CFR 122.44(i) and recommendations in EPA's TSD. Consistent with 40 CFR Part 136
monitoring data for toxic metals must be expressed as total recoverable metal.
D. Compliance with Federal Anti-Backsliding Requirements and Puerto Rico's Anti-Degradation Policy
Federal regulations at 40 CFR 131.12 require that state water quality standards include an anti-degradation policy
consistent with the federal policy. The discharge is consistent with the anti-degradation provision of 40 CFR
131.12, 72 Federal Register 238 (December 12, 2007, pages 70517-70526) and EQB's Anti-Degradation Policy
Implementation Procedure in Attachment A of PRWQS. In addition, CWA sections 402(o)(2) and 303(d)(4) and
federal regulations at 40 CFR 122.44(1) prohibit backsliding in NPDES permits. Further, the Region 2 Anti-
backsliding Policy provides guidance regarding relaxation of effluent limitations based on water quality for Puerto
Rico NPDES permits. These anti-backsliding provisions require effluent limitations in a reissued permit to be as
stringent as those in the previous permit with some exceptions where limitations may be relaxed. The effluent
limitations in the permit are at least as stringent as the effluent limitations in the existing permit, with the exception
of effluent limitations for mercury. The effluent limitations for this pollutant is less stringent than in the existing
permit. This relaxation of effluent limitations is consistent with the anti-backsliding requirements of CWA section
401 (o), 40 CFR 122.44(1), EPA Region 2's Anti-backsliding Policy dated August 10, 1993, and Puerto Rico's Anti-
Degradation Policy Implementation Procedure established in PRWQS. The data shows that the facility
consistently meets the 95th percentile for the limit in the PRWQS for mercury.
NPDES Fact Sheet
-------
Puma Energy Caribe, LLC npdes no. PR0000370
PART II. RATIONALE FOR STANDARD AND SPECIAL CONDITIONS
A. Standard Conditions
In accordance with 40 CFR 122.41, standard conditions that apply to all NPDES permits have been incorporated
by reference in Part IV.A.1 of the permit and expressly in Attachment B of the permit. The Permittee must comply
with all standard conditions and with those additional conditions that are applicable to specified categories of
permits under 40 CFR 122.42 and specified in Part IV.A.2 of the Permit.
B. Special Conditions
In accordance with 40 CFR 122.42 and other regulations cited below, special conditions have been incorporated
into the permit. This section addresses the justification for special studies, additional monitoring requirements,
Best Management Practices, Compliance Schedules, and/or special provisions for POTWs as needed. The
special conditions for this facility are as follows:
1. Special Conditions from the Water Quality Certificate
In accordance with 40 CFR 124.55, EPA has established Special Conditions from the WQC in the permit
that EQB determined were necessary to meet PRWQS. The Special Conditions established in this
section are only those conditions from the WQC that have not been established in other parts of the
permit.
2. Best Management Practices (BMP) Plan
The Permittee has developed a BMP in accordance with 40 CFR 122.2 and 122.44(k). The BMPs include
schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution to waters of the United States.
3. Compliance Schedules
The schedule (activity/compliance deadline) of the Compliance Plan (CP) is the established in the Work
Plan - Decommission and Demolition of Industrial Wastewater Treatment Plant, submitted by PECLLC to
the Water Quality Area and approved on October 18, 2013. PECLLC must prepare and submit to EQB
and EPA bimonthly Progress Reports of the compliance of the Schedule of Activities established in the
approved CP. The first Progress Report shall be submitted in the EDP + 2 months, and thereafter until all
work is completed. PECLLC must notify EQB and EPA in written when all the activities established in the
approved CP have been completed.
4. Other Special Conditions - N/A
NPDES Fact Sheet
-------
Puma Energy Caribe, LLC npdes no. PR0000370
PART III. COMPLIANCE WITH APPLICABLE PROVISIONS OF OTHER FEDERAL LAWS OR
EXECUTIVE ORDERS
A. Coastal Zone Management Act
Under 40 CFR 122.49(d), and in accordance with the Coastal Zone Management Act of 1972, as amended,
16 United States Code (U.S.C.) 1451 etseq. section 307(c) of the act and its implementing regulations (15 CFR
Part 930), EPA may not issue an NPDES permit that affects land or water use in the coastal zone until the
Permittee certifies that the proposed activity complies with the Coastal Zone Management Program in Puerto
Rico, and that the discharge is certified by the Commonwealth of Puerto Rico to be consistent with the
Commonwealth's Coastal Zone Management Program. The Permittee has indicated the outfall is not in a coastal
area managed by the Commonwealth's Coastal Zone Management Program and, although nearby, EPA has
determined it will not affect the coastal area. Therefore, the requirements of 40 CFR 122.49(d) do not apply to this
discharge.
B. Endangered Species Act
Under 40 CFR 122.49(c), EPA is required pursuant to section 7 of the Endangered Species Act (ESA), 16 U.S.C.
1531 etseq. and its implementing regulations (50 CFR Part 402) to ensure, in consultation with the National
Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS) that the discharge authorized by
the permit is not likely to jeopardize the continued existence of any endangered or threatened species or
adversely affect its critical habitat.
In a May 2000 memo to the Regions, EPA Headquarters provided guidance to the Regions in making a
determination as to whether a final permit may be issued while waiting for consultation to be concluded. As part of
this permit action, if consultation has not been completed by final permit issuance and EPA has concluded that
permit issuance is consistent with section 7 prior to the conclusion of consultation, EPA will re-issue the final
permit before consultation is concluded and will document this decision in the Administrative Record. At the time
consultation is completed, EPA may decide that changes to the permit are warranted after permit issuance based
on the results of the consultation. Therefore, a reopener provision to this effect has been included in the Permit.
C. Environmental Justice
EPA has performed an Environmental Justice (EJ) Analysis for the discharge in accordance with Executive Order
12898, Federal Actions to Address Environmental Justice in Minority Population and Low-Income Populations,
and EPA's Plan EJ 2014. EJ is the right to a safe, healthy, productive and sustainable environment for all, where
"environment" is considered in its totality to include the ecological, physical, social, political, aesthetic and
economic environments. In the NPDES permitting program, the public participation process provides opportunities
to address EJ concerns by providing appropriate avenues for public participation, seeking out and facilitating
involvement of those potentially affected, and including public notices in more than one language where
appropriate. The facility is in an area characterized as a Community of Concern and therefore is subject to the EJ
requirements. In the EJ Analysis, EPA determined that the area is low-income. As a result, EPA has established
conditions in the permit to minimize the impact(s) on the Community of Concern affected by the discharge. These
conditions include providing public notice of the availability of the draft permit for public comment. EPA is
committed to taking all necessary actions to minimize potential adverse effects in the Bayamon area from Puma
Energy Caribe, LLC. A detailed discussion of the EJ Analysis is provided in the Administrative Record and is
available for review upon request.
D. Coral Reef Protection
Under Executive Order 13089, Coral Reef Protection, EPA is required to ensure that discharge authorized under
the permit will not degrade any coral reef ecosystem. No corals or coral ecosystems are in the vicinity of the
discharge.
E. Climate Change
EPA has considered climate change when developing the conditions of the permit. This is in accordance with the
draft National Water Program 2012 Strategy: Response to Climate Change that identifies ways to address climate
change impacts by NPDES permitting authorities (77 Federal Register 63, April 2, 2012, 19661-19662). Climate
change is expected to affect surface waters in several ways, affecting both human health and ecological
endpoints. As outlined in the draft National Water Program 2012 Strategy, EPA is committed to protecting surface
water, drinking water, and ground water quality, and diminishing the risks of climate change to human health and
the environment, through a variety of adaptation and mitigation strategies. These strategies include encouraging
communities and NPDES permitting authorities to incorporate climate change strategies into their water quality
NPDES Fact Sheet 9
-------
Puma Energy Caribe, LLC npdes no. PR0000370
planning, encouraging green infrastructure and recommending that water quality authorities consider climate
change impacts when developing water load and load allocations for new TMDLs, identifying and protecting
designated uses at risk from climate change impacts. The 2010 NPDES Permit Writers' Manual also identifies
climate change considerations for establishing low-flow conditions that account for possible climatic changes to
stream flow. The conditions established in the permit are consistent with the draft National Water Program 2012
Strategy.
F. National Historic Preservation Act
Under 40 CFR 122.49(b), EPA is required to assess the impact of the discharge authorized by the permit on any
properties listed or eligible for listing in the National Register of Historic Places (NRHP) and mitigate any adverse
effects when necessary in accordance with the National Historic Preservation Act, 16 U.S.C. 470 et seq. EPA's
analysis indicates that no soil disturbing or construction-related activities are being authorized by approval of this
permit; accordingly, adverse effects to resources on or eligible for inclusion in the NHRP are not anticipated as
part of this permitted action.
G. Magnuson-Stevens Fishery Conservation and Management Act
Under 40 CFR 122.49, EPA is required to ensure that the discharge authorized by the permit will not adversely
affect Essential Fish Habitat (EFH) as specified in section 305(b)(2) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSFCMA), 16 U.S.C. 1801 etseq. The permit may be modified or revoked
and reissued based on the results of coordination with National Marine Fisheries Service regarding essential fish
habitats (EFH) pursuant to Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management
Act.
PART IV. PUBLIC PARTICIPATION
The procedures for reaching a final decision on the draft permit are set forth in 40 CFR Part 124 and are
described in the public notice for the draft permit, which is published in . 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. EPA will
consider and respond in writing to all significant comments received during the public comment period in reaching
a final decision on the draft permit. Requests for information or questions regarding the draft permit should be
directed to
Andrea Coats
EPA Region 2, Clean Water Division
Permit Writer Phone: 212-637-3850
Permit Writer Email: coats.andrea@epa.gov
A copy of the draft permit is also available on EPA's website at www.epa.gov/region02/water/permits.html.
NPDES Fact Sheet f Q
-------
ATTACHMENT A — FACILITY MAP AND FLOW SCHEMATIC
The facility map and flow schematic are attached as provided by the discharger in the application.
Li* Rudio ^XJAntena de
¦ St (WKAQ'
>«r>enleno
BlancoyV./tr^
"" 'i'-fe
l''1f ' m.«i
J*1 OUTFALL 001A
del SAMPLING POINT
I* t
lj/ P—rU
(&/
ii"*
"'¦(THj ^OUTFALL 002
L> \V jwi*cil0. / #Z< iT'omwi»vj
Z *' ! 0 ~ Pj \ut.y \ *
S' M *" & Ji La<,"*ii11l" T 1 i
ffa
wm
Fi •;
I a"U • •
i!r ""
PUMA ENERGY CARIBE, LLC
l «¦';X v
** «- .J?
TOPOGRAPHIC MAP
NPDES Fact Sheet
-------
OUTFALL 001A TO SAN JUAN BAY
(AVG - 345,000 GPD)
PUMA ENERGY CARIBE, LLC
BAYAMON, PUERTO RICO
NPDES Fact Sheet
SCHEMATIC OF WATER FLOW
-------
offsrrt disposal
(WET)
A
OHSESTER
3T
"1
CORRUGATED
PLATES
INTERCEPTOf
~
IN CASE OF EMERGENCY OR MAINTENANCE
"iik
-L±'~
REACTOR #1
CLARiFIER #1
REACTOR #2
-
CLARIFIER #2
l_
BACKWASH W^VFER
—> 0(1 PHASE
" > ACTIVATED SLUDSE
OUTFALL 001A
SAMPLING POUiT
INTFRIM MIXING 70NF ~
FAILSAFE
SAND FILTERS
POLISHING
POND
LEGEND:
SAN JUAN BAY
pH SYSTEM
^ 1 TANK k
V tET-3| J
RECMCUIAI10N OF OFF-SPEC EFFLUENT
PUMA ENERGY CAR1BE, LLC
BAYAMON, PUERTO RICO
WASTEWATER TREATMENT PLANT
FLOW DIAGRAM
NPDES Fact Sheet
A-3
------- |