---
kind: "section"
citation: "40 C.F.R. § 131.40"
title: "40"
number: "131.40"
heading: "Puerto Rico"
url: "https://uscodex.org/cfr/40/131.40"
---

# §131.40. Puerto Rico

- (a) **Use designations for marine waters.** In addition to the Commonwealth's adopted use designations, the following waterbodies in Puerto Rico have the beneficial use designated in this [paragraph (a)](#a) within the bays specified below, and within the Commonwealth's territorial seas, as defined in section 502(8) of the Clean Water Act, and [33 CFR 2.05-5](/cfr/33/2.05-5.md), except such waters classified by the Commonwealth as SB.
- (b) **Criteria that apply to Puerto Rico's marine waters.** In addition to all other Commonwealth criteria, the following criteria for bacteria apply to the waterbodies in [paragraph (a)](#a) of this section:

  Bacteria: The fecal coliform geometric mean of a series of representative samples (at least five samples) of the waters taken sequentially shall not exceed 200 colonies/100 ml, and not more than 20 percent of the samples shall exceed 400 colonies/100 ml. The enterococci density in terms of geometric mean of at least five 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.

- (c) **Water quality standard variances.** The Regional Administrator, EPA Region 2, is authorized to grant variances from the water quality standards in paragraphs [(a)](#a) and [(b)](#b) of this section where the requirements of [§ 131.14](/cfr/40/131.14.md) are met.

## Notes

### Amendments

[69 FR 3524, Jan. 26, 2004, as amended at 80 FR 51050, Aug. 21, 2015]

### Authority

Authority: 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 51405, Nov. 8, 1983, unless otherwise noted.

### Amendments

[69 FR 3524, Jan. 26, 2004, as amended at 80 FR 51050, Aug. 21, 2015]