Presentation Summary

1. Program OverviewSWRCB Program to Develop Sediment Quality Objectives for Enclosed Bays and Estuaries of CaliforniaAugust 3, 2004 SCCWRPChris Beeganbeegc@swrcb.ca.gov 916 341 5577

2. Presentation Summary • Regulatory Overview; State Water Resources Control Board (SWRCB) and nine Regional Water Quality Control Boards (RWQCB). • SWRCB Priorities • Background • Sediment Quality Objectives (SQOs) • Program Approach • Outreach and Advisory Committees • Need for Scientific Steering Committee (SSC)

3. Regulatory Structure • State Water Resources Control Board develops State wide water quality plan and policies. • Nine Regional Water Quality Control Boards regulate water quality within specific Watersheds and Basins. Develop Individual Basin Plans for protecting beneficial uses in each basin. Basin Plans support and supplement Statewide plans and policies.

4. Terminology • “Beneficial Uses” synonymous with “Designated Uses” • “Water Quality Objective” synonymous with “Water Quality Criteria”

5. Priorities for the SWRCB • Total Maximum Daily Loads. • Develop Policy for determining whether beneficial uses are being protected and supporting associated tools and indicators (SQOs). • Issues mandated by Law/Court (SQOs). California Budget Situation; focus available resources on fewer high priority tasks to best assist RWQCB/SWRCB staff in protecting, improving and restoring California's water quality.

6. Mandate To Develop Sediment Quality Objectives • In 1989, California Water Code was amended, requiring the SWRCB to develop SQOs for bays and estuaries. • SQOs were not developed under this program for variety of reasons. • In 1999, SWRCB was sued and lost. In 2002, Court mandated the SWRCB develop SQOs within a relatively tight time frame……

7. Compliance Schedule • Scoping Document adopted by June 30 2003, completed (www.swrcb.ca.gov…..) • Draft Objectives and policy by August 5, 2005. • By February 28, 2007 submit SQO policy to Office of Administrative Law

8. Definitions • Section 13391.5(d) of CWC: Sediment Quality Objective; level of a constituent in sediment which is established with an adequate margin of safety for the reasonable protection of the beneficial uses of water or the prevention of nuisances.

9. Water Code • 13393 (b) further states SWRCB shall adopt the SQOs pursuant to the procedures established…for adopting or amending water quality control plans. • SQOs shall be based on scientific information, including, but not limited to, chemical monitoring, bioassays, or established modeling procedures, and shall provide adequate protection for the most sensitive aquatic organisms.

10. More Water Code • The state board shall base the sediment quality objectives on a health risk assessment if there is a potential for exposure of humans to pollutants through the food chain to edible fish, shellfish, or wildlife.

11. Water Quality Objectives • Water Quality utilizes single line of evidence. • Chemical specific dose response studies, • Easily implemented. • Used historically; basis for all WQ plans and policies. • WQOs have been successful……

12. Sediment Quality Objectives • Sediment quality assessment utilizes weight of evidence approach (WoEA). • Sediment toxicity. • Sediment chemistry/sediment quality guidelines. • Bioaccumulation. • Benthic communities. • Why WoEA?; discriminatory power, sensitivity, predictive ability.

13. Program Approach • Acknowledge constraints and limitations • Develop achievable approach to develop objectives that protect/enhance water quality • Focus SQO development on benthic community; refine existing approaches based on available data. • Evaluate feasibility of SQO development for human or predator risk. • Engage regulated community/conservation organizations, regulators resource managers

14. Policy Goals • Develop scientifically defensible SQOs that are protective of specific beneficial uses. • Develop policy that’s protective, fair and provides for consistent application throughout the state. • Develop policy that describes methods and tools for assessing sediment quality.

15. Program Responsibilities • SWRCB staff manages program. • Research and Development: Science Team coordinated by SCCWRP. • Policy Development: SWRCB staff and Advisory, and Agency Coordination Committees. • SWRCB Board members ultimately decide what the policy or plan will contain.

16. SQO Program Committees and Members • Scientific Steering Committee: Scientist & policy developers from USEPA, USACE, NOAA and USGS, State Agencies, Universities and Private Sector • Sediment Quality Advisory Committee • Regulated Community: Represented by Ports, POTWs, Municipal Stormwater, Industrial Stormwater, Industrial Direct, Federal Facilities, Legacy Pollutants. • Environmental/Conservation Organizations: SF BayKeeper, Heal the Bay, The Ocean Conservancy, Environmental Health Coalition, DeltaKeeper, Bay Foundation of Morro Bay, Sierra Club • Agency Coordination Committee: RWQCB, DTSC, DFG, USEPA, NOAA, F&WS, SLC, BCDC, OEHHA.

17. Agency Coordination and Advisory Committees • Comment on, critique and and help revise Policy Alternatives through out the course of the program. • Identify potential areas of conflict. • Share their organization’s ideas and attitudes on proposed alternatives. • Responsible for providing updates to their organizations staff and management.

18. Need for Scientific Steering Committee • Required under CWC, more importantly; • SWRCB wants to develop SQO that are based upon sound science. • Technical oversight and guidance from outside experts. • Independent review to provide transparency, balance, and credibility.