STATE WATER RESOURCES CONTROL BOARD MEETING
SACRAMENTO, CALIFORNIA
MARCH 20, 1997
ITEM: 8
SUBJECT: CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE CALIFORNIA OCEAN PLAN (OCEAN PLAN)
DISCUSSION: The Ocean Plan was adopted in 1972 and last
amended in 1990. In 1991, the State Water Resources Control Board (SWRCB) held a public hearing to receive comments on the adequacy of the Ocean Plan for protecting marine life and public health. As a result of comments received at the hearing, the SWRCB staff developed three proposed amendments.
A public hearing was held on the proposed amendments in Sacramento on August 23, 1995. Subsequent to the hearing, staff decided to defer consideration of one proposed amendment. The remaining two amendments and draft final Functional Equivalent Document (FED) are proposed for approval by the SWRCB. The proposed Ocean Plan amendments are as follows:
1. Chronic Toxicity Testing: Revision of the List of Critical Life Stage Test Protocols Used to Measure Chronic Toxicity.
The existing list of critical life stage toxicity tests would be revised. The revisions are (a) adopting three new protocols; (b) updating four currently listed protocols; and (c) deleting one protocol.
2. Administrative Cleanup: Ocean Plan Clarification.
The proposed changes in terminology would make the Ocean Plan consistent internally and with other State and federal regulations. The proposed changes are not substantive.
POLICY ISSUE: Should the SWRCB approve the proposed amendments to the 1990 Ocean Plan and the FED?
FISCAL IMPACT:SWRCB and Regional Water Quality Control Board (RWQCB) staff work associated with or resulting from this action can be accommodated within budgeted resources.
RWQCB IMPACT: Coastal RWQCBs will use the amended Ocean Plan to
prepare National Pollution Discharge Elimination System permits and Waste Discharge Requirements for ocean dischargers.
STAFF RECOMMENDATION:-That the SWRCB:
1. Approves the final FED entitled, "Functional Equivalent Document: AMENDMENT OF THE WATER QUALITY CONTROL PLAN FOR OCEAN WATERS OF CALIFORNIA", dated March 1997.
2. Adopts the proposed amendments to the 1990 California Ocean Plan as specified in the final FED above.
3. Authorizes the SWRCB Executive Director to sign the attached Certificate of Fee Exemption (from Department of Fish and Game environmental review filing fees).
4. Authorizes the SWRCB staff to submit the approved amended Ocean Plan to the U.S. Environmental Protection Agency and the regulatory provisions to the Office of Administrative Law for approval.
Copies of the FED or Ocean Plan may be obtained by contacting Janice Hisao at (916) 657-1114.
The FED can be downloaded from the internet at http://www.swrcb.ca.gov/o-plans.htm (File: fed_97.zip)
The Ocean Plan can be downloaded at http://www.swrcb.ca.gov/policies.htm (File: oceanpln.zip)
March 11, 1997
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 97-__
ADOPTION OF AN AMENDMENT TO THE
WATER QUALITY CONTROL PLAN FOR
OCEAN WATERS OF CALIFORNIA
WHEREAS:
1. The Water Quality Control Plan for Ocean Waters of California (Ocean Plan) was adopted by the State Water Resources Control Board (SWRCB) in 1972 and amended in 1978, 1983, 1988 and 1990.
2. The SWRCB is responsible for reviewing Ocean Plan water quality standards and for modifying and adopting standards in accordance with Section 303(c)(1) of the Federal Clean Water Act and Section 13170.2 of the California Water Code (CWC).
3. The SWRCB initiated a public review of the Ocean Plan in 1991, including a public hearing, and adopted a workplan in 1992 for considering issues identified in the comments received.
4. The SWRCB staff reviewed the higher priority issues, selected several for analysis in accordance with the workplan, and is now proposing amendments to the Ocean Plan based on two of these selected issues.
5. The proposed amendments consist of:
a. Revision of the current Ocean Plan list of critical life stage protocols used in testing the toxicity of waste discharges.
b. Minor changes in terminology to make the Ocean Plan easier to understand and implement.
6. The SWRCB prepared and circulated a draft Functional Equivalent Document in accordance with provisions of
the California Environmental Quality Act and
Title 14, California Code of Regulations 15251(g).
7. The SWRCB held a public hearing in Sacramento, California on August 23, 1995 and has carefully considered all testimony and comments received on this matter and has determined that the adoption of the proposed Ocean Plan amendments will not have a significant adverse effect on the environment.
8. The SWRCB staff has prepared a final draft of the Functional Equivalent Document, Attachment "A" to this resolution, which includes the specific proposed amendments to the Ocean Plan, responses to the comments received, and a progress report on the other issues identified in the 1992 workplan.
9. The SWRCB has considered relevant management agency agreements in accordance with CWC Section 13170.1.
10. The SWRCB consulted with the Department of Fish and Game (DFG) on the potential impacts of the amendments on fish and wildlife resources, including threatened or endangered species. The DFG found that the proposed amendments will not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of such species.
11. Amendments to SWRCB Water Quality Control Plans do not become effective until regulatory provisions are approved by the Office of Administrative Law (OAL).
THEREFORE BE IT RESOLVED THAT:
The SWRCB:
1. Approves the proposed amendments to the Ocean Plan, as described in Attachment "A", which will:
a. Revise the current Ocean Plan list of critical life stage protocols used in testing the toxicity of waste discharges.
b. Make minor changes in terminology to make the Ocean Plan easier to understand and implement.
2. Approves the draft final Functional Equivalent Document, identified as Attachment "A" to this resolution, which includes the responses to comments received and a progress report on other issues related to the Ocean Plan.
3. Agrees that within three years after DFG notifies the SWRCB that specific water bodies support threatened or endangered species and that scientific evidence indicates that certain existing water quality objectives for these water bodies do not adequately protect such species, the SWRCB shall determine whether these objectives are adequately protective. In cases where such existing objectives do not provide adequate protection for threatened and endangered species, the SWRCB shall develop and adopt adequately protective site-specific objectives for these constituents.
4. Authorizes the SWRCB Executive Director to sign the Certificate of Fee Exemption identified as Attachment "B" to this resolution.
5. Authorizes the SWRCB staff to submit the approved amended Ocean Plan to the U.S. Environmental Protection Agency and the OAL for their approval.
CERTIFICATION
The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on March 20, 1997.
Maureen Marché
Administrative Assistant to the Board
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER QUALITY
FUNCTIONAL EQUIVALENT DOCUMENT
AMENDMENT OF THE WATER QUALITY CONTROL PLAN FOR OCEAN WATERS OF CALIFORNIA
CALIFORNIA OCEAN PLAN
MARCH 1997
CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimus Impact Finding
Project Title/Location Name and Address of Project Proponent (include county):
Project Title: Amendment of the Water Quality Control Plan for Ocean Waters of California: CALIFORNIA OCEAN PLAN.
Project Proponent: State Water Resources Control Board, 901 P Street, Sacramento CA 95814 (Sacramento County)
Contact Person: Frank Palmer 916/657-0797
Project Description:
The California Ocean Plan was adopted by the State Water Resources Control Board and approved by the U.S. Environmental Protection Agency in 1990 as the state water quality standards for California ocean waters. The amendments will result in:
1. Revision of the current Ocean Plan list of critical life stage protocols used in testing the toxicity of waste discharges.
2. Minor changes in terminology to make the Ocean Plan easier to understand and implement.
Findings of Exemption (attach required findings):
Attachment 1 contains the required findings
Certification:
I hereby certify that the California State Water Resources Control Board has made the above findings of fact and that based upon the Environmental Checklist, written report and the hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code.
___________________________________
Executive Director
State Water Resources Control Board
Date: _____________________________
ATTACHMENT 1 TO THE CERTIFICATE OF FEE EXEMPTION
for the Project, "Amendment of the California Ocean Plan".
Project Sponsor: State Water Resources Control Board
Date:
FINDINGS OF EXEMPTION
1. The State Water Resources Control Board completed an Environmental Checklist Form and determined that the proposed project could not have a significant effect on the environment.
2. The State Water Resources Control Board circulated a draft Functional Equivalent document (FED) and Notice of Hearing on July 7, 1995 to comply with the California Environmental Quality Act. A public hearing was held on August 23, 1995 in Sacramento, California.
3. The State Water Resources Control Board responded to all written and verbal comments received and revised the FED appropriately.
4. Considering the record as a whole, there is no evidence before the State Water Resources Control Board that the proposed project will have potential for an adverse effect on wildlife resources or upon the habitat upon which the wildlife depends.