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 Puerto Rico 401 Water Quality Certification (14-PR-d)

Information current as of 2022
In Puerto Rico, a developer must request a 401-Water Quality Certification from the Puerto Rico Department of Natural and Environmental Resources (DNER) if the proposed project has the potential to result in a discharge from a point source into a water body that requires a federal permit or license. Regulation No. 9399 § 1306.11. Section 401 of the Clean Water Act (33 U.S.C. § 1251 et seq.) requires any developer, subject to a federal license or permit (e.g., Clean Water Act Section 404 permit) to obtain a 401 certification or waiver if the project may result in any discharge into the navigable waters of the United States. Section 401 of the CWA authorizes states and territories to grant, grant with condition, waive or deny a 401 certification.



Puerto Rico 401 Water Quality Certification Process


14-PR-d.1 – Request Pre-Filing Meeting (Optional)

The developer may request a pre-filing meeting with the DNER at least 30 days prior to submitting a certification request. The DNER is not obligated to grant or respond to the pre-filing meeting request.

14-PR-d.2 – Section 401 Water Quality Certification Request

The developer must request a Water Quality Certification from the Puerto Rico DNER. The certification request shall be submitted to DNER and to the Federal agency concurrently. The request must include the following :

(1) Identify the developer(s) and a point of contact;

(2) Identify the proposed project;

(3) Identify the applicable federal license or permit;

(4) Identify the location and nature of any potential discharge that may result from the proposed project and the location of receiving waters;

(5) Include a description of any methods and means proposed to monitor the discharge and the equipment or measures planned to treat, control, or manage the discharge;

(6) Include a list of all other federal, interstate, tribal, state, territorial, or local agency authorizations required for the proposed project, including all approvals or denials already received;

(7) Include documentation that a pre-filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request;

(8) Contain the following statement: ‘The developer hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief’; and

(9) Contain the following statement: "The developer hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time."

40 C.F.R. § 121.5

The certification request shall also include the following information:

  • The characterization of the discharge;
  • the characterization of the receiving water body;
  • the limits that the developer requests be applied to the discharge; and
  • detailed analysis of the methods used to translate water quality standards to effluent limits and the justification of these methods.

Regulation No. 9399 § 1306.11.

14-PR-d.3 to 14-PR-d.4 – Review Certification Request for Completeness

DNER reviews the certification request for technical and administrative completeness. Incomplete applications may lead to delay or denial of the request.

14-PR-d.5 to 14-PR-d.6 – Review for an Action on a Certification Request for an Approval

DNER reviews the certification request for an action on such request. Under no circumstances may DNER certify a project that will not comply with the applicable water quality requirements as defined in the 40 C.F.R. § 121.1(n). In reviewing the certification request, the DNER will consider whether the developer has sufficiently demonstrated that the limits requested shall not cause a violation of the water quality standards in the receiving water body. Regulation No. 9399 § 1306.11.

The DNER will notify the developer of its intention to grant or deny the water quality certificate. A certification denial does not preclude a developer from submitting a new certification request, in compliance with the substantive and procedural requirements of the 40 CFR Part 121 and Rule 1306.11 of the Puerto Rico Water Quality Standards Regulation.

14-PR-d.7 to 14-PR-d.8 – Provide Public Notice

The developer must publish a public notice in Spanish on a newspaper of general circulation in Puerto Rico informing the DNER’s intention to grant or deny the water quality certificate requested pursuant to the Clean Water Act, and in compliance with the specifications of the Department. This notice will be published within 15 days upon receipt of the notice of intent to issue or deny the Water Quality Certificate. Failure to publish the notice within the granted time period, will be cause enough to deny the Water Quality Certificate without prejudice. Regulation No. 9399 § 1306.11.

14-PR-d.9 to 14-PR-d.10 – Section 401 Water Quality Certification

All certification conditions that satisfy the requirements of 40 CFR 121.7(d) shall be incorporated into the license or permit. The license or permit must clearly identify any certification conditions. The Federal agency shall be responsible for enforcing certification conditions that are incorporated into a federal license or permit.


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