Final California 2010 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 8 - Santa Ana Region

Water Body Name:	Newport Bay, Upper (Ecological Reserve)
Water Body ID:	CAE8011400019990323090803
Water Body Type:	Estuary


DECISION ID	4089	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Indicator Bacteria
Final Listing Decision:	Do Not Delist from 303(d) list (being addressed with USEPA approved TMDL)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)(2006)
Revision Status	Revised
Sources:	Source Unknown
TMDL Name:	Newport Bay Watershed Fecal Coliform TMDL
TMDL Project Code:	150
Date TMDL Approved by USEPA:	01/01/2000
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for listing under section 2.2 of the Listing Policy. Under this section of the Policy, a minimum of one line of evidence is needed to assess listing status. The Newport Bay Watershed Fecal Coliform TMDL was completed in 2000. This water segment-pollutant combination was moved off the section 303(d) list during the 2002 listing cycle. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination in the Water Quality Limited Segments Being Addressed portion of the section 303(d) list. Please note that indicator bacteria was previously called pathogens.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be removed from the section 303(d) list (being addressed by a US EPA approved TMDL) because applicable water quality standards for the pollutant are being exceeded.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be removed from the section 303(d) list being addressed by a USEPA approved TMDL) because applicable water quality standards for the pollutant are being exceeded.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8085

Pollutant:

Enterococcus

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 45 samples collected, 10 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Enterococcus density shall not exceed 104 per 100 ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 45 samples collected, 10 exceeded the following criteria, or guidelines as stated in the Ocean Plan: Enterococcus <104MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 45 samples were collected at the Ski Zone station located in Upper Newport Bay.

Temporal Representation:

The 45 samples were collected in 2004 on the days of April 15, April 19, April 26, May 3, May 10, May 24, June 1, June 7, June 16, June 21, June 28, July 6, July 14, August 23, August 30, September 7, September 13, November 15, November 22, November 29, December 13, December 20, and December 27; in 2005 on the days of September 6, October 3, October 17, November 7, November 14, November 30, December 5, December 12, and December 27; in 2006 on the days of January 3, February 14, February 27, March 15, March 27, April 24, July 31, August 28, September 11, October 10, October 16, October 23, and December 18

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

The datas quality is deemed appropriate because it was collected by the Orange County Environmental Health Agency and provided to the Regional Board via the State Water Resources Control Board for the sole purpose of the water quality assessment and update of the 2008 303d list.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8080

Pollutant:

Enterococcus

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

104

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 104 samples collected, 6 exceeded the following criteria, or guidelines as stated in the Ocean Plan: Enterococcus <104MPN/100mL

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 104 samples were collected at the Northstar Beach station located in Upper Newport Bay.

Temporal Representation:

The 104 samples were collected in 2004 on the days of April 19, April 26, May 3, May 10, May 24, June 1, June 7, June 16, June 21, June 23, June 28, July 6, July 14, August 23, August 30, September 7, September 13, November 15, November 17, November 22, November 29, December 13, December 20, and December 27; in 2005 on the days of April 18, April 25, May 2, May 9, June 20, June 27, July 5, July 11, July 25, August 2, August 15, September 6, September 14, September 19, September 28, October 3, October 5, October 11, October 17, October 24, October 31, November 7, November 14, November 21, November 30, December 5, December 12, December 19, and December 27; in 2006 on the days of January 3, January 9, January 17, January 19, January 23, January 30, February 6, February 14, February 21, February 27, March 6, March 15, March 20, March 27, April 3, April 11, April 17, April 24, May 1, May 10, May 17, May 24, May 30, June 5, June 12, June 19, June 26, July 5, July 10, July 17, July 24, July 26, July 31, August 7, August 14, August 21, August 28, September 11, September 20, September 25, October 2, October 10, October 16, October 23, October 30, November 20, November 28, December 4, December 6, December 11, December 18, and December 28

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

The datas quality is deemed appropriate because it was collected by the Orange County Environmental Health Agency.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8090

Pollutant:

Enterococcus

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 69 samples collected, 12 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 69 samples collected, 12 exceeded the following criteria, or guidelines as stated in the Ocean Plan: Enterococcus <104MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 69 samples were collected at the Vaugh's Launch station located in Upper Newport Bay.

Temporal Representation:

The 69 samples were collected in 2004 on the days of April 15, April 19, April 26, May 3, May 10, May 24, June 1, June 7, June 16, June 21, June 28, July 6, July 14, August 23, August 30, September 7, September 13, November 15, November 22, November 29, December 13, December 20, and December 27; in 2005 on the days of May 2, June 20, July 5, August 2, August 15, September 6, September 14, September 19, September 28, October 3, October 11, October 17, October 24, October 31, November 7, November 14, November 21, November 30, December 5, December 12, and December 27; in 2006 on the days of January 3, January 9, January 30, February 14, February 27, March 15, March 27, April 11, April 24, May 10, May 24. June 26, July 5, July 10, July 24, July 31, August 7, August 28, September 11, October 10, October 16, October 23, October 30, December 18, and December 28

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8072

Pollutant:

Fecal Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

101

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 101 samples collected, 8 exceed the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Fecal Coliform density shall not exceed 400 per 100ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 101 samples collected, 8 exceed the following criteria, or guidelines as stated in the Ocean Plan: Fecal Coliform <400MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 101 samples were colleted at the De Anza station located in Upper Newport Bay.

Temporal Representation:

The 101 samples were collected in 2004 on the days of April 19, April 26, May 3, May 10, May 24, June 1, June 7, June 21, June 28, July 6, July 14, August 23, August 30, September 7, September 13, November 15, November 22, November 29, December 13, December 20, and December 27; in 2005 on the days of April 18, April 25, May 2, May 9, June 20, June 27, July 5, July 11, July 25, August 2, August 15, September 6, September 14, September 19, September 28, October 3, October 11, October 17, October 24, October 31, November 7, November 14, November 21, November 30, December 2, December 5, December 7, December 12, December 19, and December 27; in 2006 on the days of January 3, January 9, January 17, January 19, January 23, January 30, February 6, February 14, February 21, February 27, March 6, March 15, March 20, March 27, April 3, April 11, April 17, April 24, May 1, May 10, May 17, May 24, May 30, June 5, June 12, June 19, June 26, July 5, July 10, July 17, July 24, July 26, July 31, August 7, August 14, August 21, August 28, September 11, September 20, September 25, October 2, October 10, October 16, October 23, October 30, November 20, November 28, December 4, December 6, December 11, December 18, and December 28

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8081

Pollutant:

Fecal Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

104

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 104 samples collected, 5 exceed the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Fecal Coliform density shall not exceed 400 per 100ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 104 samples collected, 5 exceed the following criteria, or guidelines as stated in the Ocean Plan: Fecal Coliform <400MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 104 samples were colleted at the Northstar Beach station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8086

Pollutant:

Fecal Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 45 samples collected, 6 exceed the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Fecal Coliform density shall not exceed 400 per 100ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 45 samples collected, 6 exceed the following criteria, or guidelines as stated in the Ocean Plan: Fecal Coliform <400MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 45 samples were colleted at the Ski Zone station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8076

Pollutant:

Fecal Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 98 samples collected, 20 exceed the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Fecal Coliform density shall not exceed 400 per 100ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 98 samples collected, 20 exceed the following criteria, or guidelines as stated in the Ocean Plan: Fecal Coliform <400MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 98 samples were colleted at the Newport Boulevard Bridge station located in Upper Newport Bay.

Temporal Representation:

The 98 samples were collected in 2004 on the days of April 19, April 26, May 3, May 10, May 24, June 1, June 7, June 21, June 28, July 6, July 14, August 23, August 30, September 7, September 13, November 15, November 22, November 29, December 13, December 20, and December 27; in 2005 on the days of April 18, April 25, May 2, May 9, June 20, June27, July 5, July 11, July 25, August 2, August 15, September 6, September 14, September 19, September 28, October 3, October 11, October 17, October 24, October 31, November 7, November 14, November 21, November 30, December 5, December 12, December 19, and December 27; in 2006 on the days of January 3, January 9, January 17, January 23, January 30, February 6, February 14, February 21, February 27, March 6, March 15, March 20, March 27, April 3, April 11, April 17, April 24, May 1, May 10, May 17, May 24, May 30, June 5, June 12, June 19, June 26, July 5, July 10, July 17, July 24, July 26, July 31, August 7, August 14, August 21, August 28, September 11, September 20, September 25, October 2, October 10, October 16, October 23, October 30, November 20, November 28, December 4, December 11, and December 18

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8091

Pollutant:

Fecal Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 69 samples collected, 5 exceed the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a single sample maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Fecal Coliform density shall not exceed 400 per 100ml

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 69 samples collected, 5 exceed the following criteria, or guidelines as stated in the Ocean Plan: Fecal Coliform <400MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 69 samples were colleted at the Vaugh's Launch station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

592

Pollutant:

Pathogens

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Unspecified--This LOE is a placeholder to support a 303(d) listing decision made prior to 2006.

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

QAPP Information:

QA Info Missing

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8093

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Shellfish Harvesting

Number of Samples:

Number of Exceedances:

Data and Information Type:

Shellfish surveys

Data Used to Assess Water Quality:

Of the 45 samples collected, 3 exceed the following criteria, or guidelines as stated in the Ocean Plan: Median Total Coliform median <70 and no more than 10% of the samples can be >230

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the Shellfish Harvesting Standards, at all areas where shellfish may be harvested for human consumption, as determined by the Regional Board, the following bacterial objectives shall be maintained throughout the water column: The Median Total Coliform density shall not exceed 70 per 100 ml, and not more than 10 percent of the samples shall exceed 230 per 100 ml.

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 45 samples were collected at the Ski Zone station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

Data's quality is deemed appropriate because it was collected by the Orange County Environmental Health Agency.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8089

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Shellfish Harvesting

Number of Samples:

Number of Exceedances:

Data and Information Type:

Shellfish surveys

Data Used to Assess Water Quality:

Of the 45 samples collected, 3 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 45 samples collected, 3 exceed the following criteria, or guidelines as stated in the Ocean Plan: Median Total Coliform median <70 and no more than 10% of the samples can be >230

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 45 samples were collected at the Ski Zone station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

Data was collected by the Orange County Environmental Health Agency and provided to the Regional Board by the State Water Resources Control Board for the sole purpose of the water quality assessment and update of the 2008 303d list.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8078

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Shellfish Harvesting

Number of Samples:

Number of Exceedances:

Data and Information Type:

Shellfish surveys

Data Used to Assess Water Quality:

Of the 98 samples collected, 41 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 98 samples collected, 9 exceed the following criteria, or guidelines as stated in the Ocean Plan: Median Total Coliform median <70 and no more than 10% of the samples can be >230

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 98 samples were collected at the Newport Boulevard Bridge station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8074

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Shellfish Harvesting

Number of Samples:

101

Number of Exceedances:

Data and Information Type:

Shellfish surveys

Data Used to Assess Water Quality:

Of the 101 samples collected, 9 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 101 samples collected, 9 exceed the following criteria, or guidelines as stated in the Ocean Plan: Median Total Coliform median <70 and no more than 10% of the samples can be >230

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 101 samples were collected at the De Anza station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8084

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Shellfish Harvesting

Number of Samples:

104

Number of Exceedances:

Data and Information Type:

Shellfish surveys

Data Used to Assess Water Quality:

Of the 104 samples collected, 6 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 104 samples collected, 6 exceed the following criteria, or guidelines as stated in the Ocean Plan: Median Total Coliform median <70 and no more than 10% of the samples can be >230

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 104 samples were collected at the Northstar Beach station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8083

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

128

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 128 samples collected, 5 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

As stated in the California Ocean Plan, under the SWRCB Water-Contact Standards using a 30d geometric mean maximum, within a zone bounded by the shoreline and a distance of 1,000 feet from the shoreline or the 30-foot depth contour, whichever is further from the shoreline, and in areas outside this zone used for water contact sports, as determined by the Regional Board (i.e., waters designated as REC-1), but including all kelp* beds, the following bacterial objectives shall be maintained throughout the water column: Total Coliform density shall not exceed 1,000 per 100 ml.

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The 128 samples were collected at the Northstar Beach station located in Upper Newport Bay.

Temporal Representation:

The 128 samples were collected between 2004 and 2006

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8092

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 75 samples collected, 0 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

Spatial Representation:

The 75 samples were collected at the Vaugh's Launch station located in Upper Newport Bay.

Temporal Representation:

The 75 samples were collected between 2004 and 2006

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8073

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

134

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 134 samples collected, 5 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The 134 samples were collected at the De Anza station located in Upper Newport Bay.

Temporal Representation:

The 134 samples were collected between 2004 and 2006

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8087

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 33 samples collected, 0 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The 33 samples were collected at the Ski Zone station located in Upper Newport Bay.

Temporal Representation:

The 33 samples were collected between 2004 and 2006

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8077

Pollutant:

Total Coliform

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 115 samples collected, 30 exceed the following criteria, or guidelines as stated in the Ocean Plan

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The 115 samples were collected at the Newport Boulevard Bridge station located in Upper Newport Bay.

Temporal Representation:

The 115 samples were collected between 2004 and 2006

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8071

Pollutant:

Enterococcus

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

101

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 101 samples collected, 8 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 101 samples collected, 8 exceeded the following criteria, or guidelines as stated in the Ocean Plan: Enterococcus <104MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 101 samples were collected at the De Anza station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4089, Indicator Bacteria	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

8075

Pollutant:

Enterococcus

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

None

Beneficial Use:

Water Contact Recreation

Number of Samples:

Number of Exceedances:

Data and Information Type:

PATHOGEN MONITORING

Data Used to Assess Water Quality:

Of the 98 samples collected, 32 exceeded the standards/guidelines listed above.

Data Reference:

Bacteria data for Orange County beaches downloaded from Orange County Health Care website.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Evaluation Guideline:

Of the 98 samples collected, 32 exceeded the following criteria, or guidelines as stated in the Ocean Plan: Enterococcus <104MPN/100mL

Guideline Reference:

Water Quality Control Plan Ocean Waters of California. California Ocean Plan 2005. Sacramento, CA: State Water Resources Control Board, California Environmental Protection Agency

Spatial Representation:

The 98 samples were collected at the Newport Boulveard Bridge station located in Upper Newport Bay.

Temporal Representation:

Environmental Conditions:

The data spanned 3 entire years including wet and dry seasons.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	5911	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	2-Methylnaphthalene \| Antimony \| Benzo(a)pyrene (3,4-Benzopyrene -7-d) \| Chrysene (C1-C4) \| Dieldrin \| Endrin \| PAHs (Polycyclic Aromatic Hydrocarbons) \| Phenanthrene \| Pyrene \| Silver
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	These pollutants are being considered for placement on the section 303(d) list under section 3.6 of the Listing Policy. Under section 3.6 two lines of evidence are necessary to assess listing status. Currently, Newport Bay, Upper, is listed for priority organics, pesticides and metals (approximately 120 on the current USEPA priority pollutant list). It is not possible in a general listing to determine which specific pollutant is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for organics, pesticides, and metals from the 303(d) list and replace these general listings with the specific pollutants found to be exceeding. Eleven lines of evidence are available in the administrative record to assess each pollutant. None of the evaluated pollutants exceeded pollutant specific sediment quality guidelines. Although sediment toxicity has been documented in this water body, it cannot be associated with any of these pollutants. Based on the readily available data and information, the weight of evidence indicates that there is insufficient justification in favor of placing these specific priority pollutants on the section 303(d) list. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of 9 lines of evidence exceeded sediment quality guidelines for these pollutants. Therefore, a link between the sediment toxicity in this waterbody and these pollutants cannot be made. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5911, Multiple Pollutants	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

627

Pollutant:

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of 2 samples exceeded the ERM or PEL-SQG. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The ERM sediment quality guideline antimony is 25 ug/g (ppm) dry weight (Long et al., 1995); the PEL sediment quality guidelines for silver is 1.77 ug/g (ppm) dry weight (MacDonald et. al., 1996); the PEL sediment quality guidelines for 2-methylnapthalene is 201.3ng/g (ppm) dry weight (MacDonald et. al., 1996); the PEL sediment quality guidelines for phenanthrene is 543.5ug/g (ppm) dry weight (MacDonald et. al., 1996);the PEL sediment quality guidelines for chrysene is 846 ng/g (ppm) dry weight (MacDonald et. al., 1996);the PEL sediment quality guidelines for pyrene is 397 ng/g (ppm) dry weight (MacDonald et. al., 1996); the PEL sediment quality guidelines for Benzo[a]pyrene is 763.2 ug/kg (ppm) dry weight (Fairey et.al. 2001). The sediment quality guidelines for dieldrin is 8 mg/kg (Long et. al., 1995); the sediment quality guidelines for endrin is 0.76 (OC) ug/kg (ppb) dry weight. (USEPA, 1993).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Sample were collected in the Upper Bay at site NB10.

Temporal Representation:

One sample each was collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):


DECISION ID	5776	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Arsenic
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.5 of the Listing Policy. Under section 3.5 a single line of evidence is necessary to assess listing status. Currently, Newport Bay, upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal could be causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. Five lines of evidence are available in the administrative record to assess this pollutant. None of the samples exceed the USEPA screening value of 1.2 mg/kg for the protection of human health. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of the 23 fish tissue total arsenic samples exceeded the USEPA screening value and there were also no exceedances in three additional fish tissue inorganic arsenic samples as well. Sediment and water samples did not exceed the applicable sediment and CTR water column guidelines and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

596

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Not Recorded

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of 3 samples exceeded the USEPA screening value. (TSMP, 2000).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The USEPA screening value of 1.2 ppm wet weight for inorganic arsenic is considered the most reliable risk-based screening value when compared with inorganic arsenic or as a percentage of total arsenic when inorganic arsenic data is not available. To be conservative and consistent with other agencies, USEPA finds acceptable to assume that inorganic arsenic comprises 10 percent of total arsenic for finfish and 60 percent of total arsenic in shellfish tissue.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Outer Newport Bay, Upper.

Temporal Representation:

Samples were collected between November 2000 and January 2001.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

595

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Not Recorded

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of 23 the samples taken exceeded the inorganic arsenic 10% calculated portion of the total arsenic concentration in tissue. (TSMP, 2000).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

There is not an applicable tissue screening value available for total arsenic in tissue. Analytical measurements reported as total arsenic do not provide a viable means of assessing arsenic in tissue for the protection of human health. The screening value of 1.2 ppm wet weight for inorganic arsenic is considered the most reliable risk-based screening value when compared with inorganic arsenic or as a percentage of total arsenic when inorganic arsenic data is not available. To be conservative and consistent with other agencies, USEPA finds acceptable to assume that inorganic arsenic comprises 10 percent of total arsenic for finfish and 60 percent of total arsenic in shellfish tissue.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected at the Upper Newport Bay in the outer upper and inner upper bay.

Temporal Representation:

Samples were collected in November 2000-January 2001, June-July 2001, and March-April & August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.The report shows evidence of lab QC such as spikes and replicates.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

623

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of 3 samples exceeded the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The CRT saltwater chronic criteria for arsenic is 36 ug/L (ppb) (USEPA, 2000).

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected in the Upper Newport Bay at sites NB10. Two samples were water column measurements and one was a surface water interface sample.

Temporal Representation:

Samples were collected in November 2001 and March 2002. One water column sample was collected from each date and the surface water interface sample was collected in November 2001.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Toxicity Results: Four of 5 sediment samples were significantly toxic to amphipod survival. One of 5 water samples collected had significant effect in Purple Urchin fertilization. None of 2 water samples collected were toxic to Mysid growth. Two of 3 sediment water interface samples were significantly toxic to the Purple Sea Urchin fertilization test (Bay et al., 2004).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

622

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of 2 samples exceeded the ERM-SQG. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The ERM- sediment quality guideline for arsenic is 70 ug/g (ppm) dry weight (Long et al., 1995)

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the upper Newport Bay at site NB10.

Temporal Representation:

One sample was collected in each sampling event ( November 2001 and March 2002).

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5776, Arsenic	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Toxicity Results: Five of 15 sediment samples were significantly toxic to amphipods. Fifteen of 15 pore water samples collected had significant effect in Purple Urchin larval development. One of 15 sediment water interface samples was significantly toxic to Purple Sea Urchin. Five of 15 sediment water interface samples were significantly toxic to the fertilization test (Phillips et al. 1998).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):


DECISION ID	5550	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Cadmium
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under sections 3.1 and 3.5 of the Listing Policy. Under section 3.1 and 3.5 a single line of evidence is necessary to assess listing status. Currently, Newport Bay, Upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination from the section 303(d) list. This conclusion is based on the staff findings that: 1. The tissue, water column, and sediment data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The tissue, water column, and sediment data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of tissue samples taken exceed the cadmium 3 ppm wet weight OEHHA screening value (OEHHA, 1999) none of 3 water column samples exceeded the cadmium CTR saltwater chronic criteria, and none of two samples exceeded the PEL sediment quality guideline. These samples do not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5550, Cadmium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5550, Cadmium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5550, Cadmium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

620

Pollutant:

Cadmium

LOE Subgroup:

Pollutant-Sediment

Matrix:

Water

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of 2 samples exceeded the PEL sediment quality guideline (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The PEL sediment quality guideline for cadmium is 4.21ppm (MacDonald et al., 1996).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected at the Upper Newport Bay at NPDES monitoring station NB10.

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5550, Cadmium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

619

Pollutant:

Cadmium

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of 3 samples were in exceedance of the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The CTR for dissolved cadmium, the saltwater (chronic) standard is 9.3 ppb (USEPA, 2000).

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at the Upper Newport Bay at NB 10.

Temporal Representation:

Samples were collected in November 2001 and March 2002. One water column sample was taken on each sampling event (November 2001 and March 2002) and one surface water interface sample was collected in November 2001.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5550, Cadmium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

598

Pollutant:

Cadmium

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of 8 samples exceeded the OEHHA screening value. A total of 4 samples were collected in the outer upper and 4 in the inner upper (TSMP, 2000).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for cadmium (fish consumption) is 3 ppm (OEHHA, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the outer and inner Upper Newport Bay.

Temporal Representation:

Samples were collected in March-April & August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.The report shows evidence of lab QC such as spikes and replicates.

QAPP Information Reference(s):


DECISION ID	5723	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Chromium (total)
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for listing under sections 2.1 and 3.5 of the Listing Policy. Under section 3.5 a single line of evidence is necessary to assess listing status. Currently, Newport Bay, upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal could be causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is insufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. A tissue screening value is not available that complies with the requirements of section 6.1.3 of the Policy. 2. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 3. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5723, Chromium (total)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

614

Pollutant:

Chromium (total)

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

Eight samples were collected. (TSMP, 2000).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

There is no applicable guideline available to assess total chromium in tissue.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Four samples were collected from the outer upper bay and 4 from the inner upper bay.

Temporal Representation:

Samples were collect in March - April and August - September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP was used.QA/QC samples were collected.

QAPP Information Reference(s):


DECISION ID	5798	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Dieldrin
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under sections 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. Currently, Newport Bay is listed for pesticides. It is not possible, in a general listing, to determine which specific pollutant is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for pesticides from the 303(d) list and replace these general listings with the specific pollutants when found to be exceeding. This conclusion is based on the staff findings that: 1. The sediment guidelines and tissue screening values used complies, with the requirements of section 6.1.3 of the Policy. 2. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 3. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 4. None of the 2 samples exceeded the dry weight ERM sediment quality guideline, and none of 23 samples exceeded the wet weight OEHHA screening value. These do not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant. 5. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5798, Dieldrin	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5798, Dieldrin	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5798, Dieldrin	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

618

Pollutant:

Dieldrin

LOE Subgroup:

Pollutant-Tissue

Matrix:

Not Specified

Fraction:

None

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of the 23 samples exceeded the OEHHA screening value. All samples were non detects. Out of the 23 samples, 19 were collected in the outer Upper Bay and 4 in the inner Upper Bay. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for dieldrin is 2.0 ug/kg (ppb) wet weight tissue (OEHHA, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay.

Temporal Representation:

Samples were collected November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used. QA/QC information is included in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5798, Dieldrin	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

617

Pollutant:

Dieldrin

LOE Subgroup:

Pollutant-Sediment

Matrix:

Not Specified

Fraction:

None

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 2 samples exceeded the ERM-SQG guideline. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The ERM sediment quality guideline for dieldrin is 8 ug/g (ppm) dry weight (Long et al., 1995)

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected at NPDES stations in the Upper Newport Bay.

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):


DECISION ID	5869	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Lead
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. Currently, Newport Bay, upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal could be causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of the 3 water samples exceeded the CTR and none of the 6 sediment samples exceeded the PEL for this pollutant. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant. This does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because it cannot be determined if water quality standards have been exceeded.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5869, Lead	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5869, Lead	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5869, Lead	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

626

Pollutant:

Lead

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 6 samples exceeded the sediment criteria for lead. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

112.18 ug/g (dw) [PEL for Marine and Estuarine Sediments].

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected from Upper Bay at sites NB10, NB10-B, and NB10-C

Temporal Representation:

Samples were collected in November of 2001, and March of 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5869, Lead	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

625

Pollutant:

Lead

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 3 samples exceeded the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

The CTR for saltwater (chronic) for lead is 8.1 ug/L (ppb) (USEPA, 2000).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at the Upper Newport Bay at NB 10.

Temporal Representation:

Samples were collected in November 2001 and March 2002. One water column sample was taken on each sampling event (November 2001 and March 2002 and one surface water interface sample was collected in November 2001.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):


DECISION ID	5206	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Mercury
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under sections 2.1 and 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. Currently, Newport Bay is listed for metals. It is not possible, in a general listing, to determine which specific pollutant is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific pollutants when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of the 2 water samples exceeded the saltwater CTR; none of 2 sediment samples exceeded the dry weight PEL sediment quality guideline, and none of the 23 tissue samples exceeded the wet weight OEHHA screening value. This does not exceed the allowable frequency listed in Table 4.1 of the Listing Policy. 4. Pursuant to section 4.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because applicable water quality standards for the pollutant are not exceeded.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5206, Mercury	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

589

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 2 samples exceeded the PEL-SQG. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The PEL-SQG for mercury is 2.1 ug/g (ppm) dry weight (MacDonald et al., 1996).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay site NB10.

Temporal Representation:

One sample was at each sampling event in November 2001 and in March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5206, Mercury	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

624

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of the 23 samples exceeded the OEHHA screening value. (TSMP, 2000).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for mercury is 0.3 mg/kg (ppm) wet weight (OEHHA, 1999)

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay; 19 in the outer bay and 4 in the inner bay.

Temporal Representation:

Samples were collected in November 2000-January 2001, June-July 2001. and April-March and August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5206, Mercury	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

590

Pollutant:

Mercury

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 2 samples for dissolved mercury were in exceedance. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative objective: Toxic substance shall not be discharged at levels that will bioaccumulate in aquatic resources to which are harmful to human health. The concentrations of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

0.051 ug/L (CTR for Organisms Only).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay at site NB10.

Temporal Representation:

Samples were collected in November 2001 and March 2002. One water column sample was collected on each sampling event.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5206, Mercury	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5206, Mercury	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):


DECISION ID	4960	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Nickel
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for removal from the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. Currently, Newport Bay, upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal could be causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of not placing this water segment-pollutant combination on the section 303(d) list. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. None of the 3 samples exceeded the CTR saltwater chronic water quality objective and this does not exceed the allowable frequency listed in Table 4.1 of the Listing Policy. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant since there is no applicable guideline available for evaluating this pollutant in sediment. 3. Pursuant to section 4.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because applicable water quality standards for the pollutant are not exceeded.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4960, Nickel	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

612

Pollutant:

Nickel

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 3 samples exceeded the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The CTR saltwater chronic criteria is 8.2 ug/L (ppb) (USEPA, 2000).

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at the Upper Newport Bay site NB10.

Temporal Representation:

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4960, Nickel	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4960, Nickel	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):


DECISION ID	4973	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	PAHs (Polycyclic Aromatic Hydrocarbons)
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. One line of evidence is available in the administrative record to assess this pollutant. None of the samples exceed the water quality objective. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of 4 samples exceeded the dry weight sediment quality guidelines and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because applicable water quality standards for the pollutant are not exceeded.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4973, PAHs (Polycyclic Aromatic Hydrocarbons)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

607

Pollutant:

PAHs (Polycyclic Aromatic Hydrocarbons)

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 4 samples exceeded sediment quality guideline. (Bay and GReenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The sediment quality guideline for total PAHs in 1800 ug/g (ppm) dry weight (Fairey et al., 2001).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay at station NB10, NB10b and NB10c.

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):


DECISION ID	5440	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Phenanthrene
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. Two Lines of evidence are available in the administrative record to assess this pollutant. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of the 4 samples exceeded the PEL sediment quality guideline for Phenanthrene, and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Therefore, a link between the sediment toxicity and this pollutant in this waterbody cannot be made. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5440, Phenanthrene	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5440, Phenanthrene	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

608

Pollutant:

Phenanthrene

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 4 samples exceeded the PEL sediment quality guideline. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The PEL sediment quality guideline for Phenanthrene is 543.53 ng/g (ppb) (MacDonald et al., 1996) .

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay at stations NB10, NB10b and NB10c.

Temporal Representation:

Samples were collected in November 2001and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5440, Phenanthrene	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):


DECISION ID	5860	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Selenium
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under sections 2.1 and 3.5 of the Listing Policy. Currently, Newport Bay, upper, is listed for metals. It is not possible, in a general listing, to determine which specific metal could be causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is insufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The water criteria and tissue screening values used complies, with the requirements of section 6.1.3 of the Policy. 2. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 3. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 4. None of the 4 samples exceeded the selenium CTR saltwater CCC criteria. None of 23 samples exceeded the selenium wet weight OEHHA screening value (OEHHA, 1999). These do not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 5. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5860, Selenium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5860, Selenium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5860, Selenium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

621

Pollutant:

Selenium

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

None of the 23 samples exceed the OEHHA screening value. Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for selenium is 2 mg/kg (ppm) wet weight (OEHHA, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Nineteen samples were collected in the outer upper bay and 4 sample in the inner upper bay.

Temporal Representation:

Samples were collected in November 2000-January 2001, June-July 2001, and March-April and August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.QA/QC information was included in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5860, Selenium	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

597

Pollutant:

Selenium

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 4 samples exceeded the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

From the CTR, the saltwater (chronic) criteria is 71 (USEPA, 2000).

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected in the Upper Newport Bay at sites NB10, NB10b, and NB10c.

Temporal Representation:

Three sample were collected in November 2001; 2 in the water column and 1 at the surface water interface. One water column sample was collected in March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP study, considered acceptable.

QAPP Information Reference(s):


DECISION ID	5797	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Silver
Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. Currently, Newport Bay is listed for metals. It is not possible, in a general listing, to determine which specific pollutant is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific pollutants when found to be exceeding. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of removing this water segment-pollutant combination from the section 303(d) list. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used does not satisfy the temporial and spatial data quantity requirements of section 6.1.5 of the Policy. 3. None of the 3 samples exceeded the CTR saltwater chronic criteria and none of the 2 exceeded the PEL sediment quality guideline. This does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Although sediment toxicity has been documented in this water body, it cannot be associated with this pollutant. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 5797, Silver	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

616

Pollutant:

Silver

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 3 samples were in exceedance of the CTR criteria. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR criteria saltwater acute criteria for silver is 1.9 ppb (USEPA, 2000).

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at the Upper Newport Bay at site NB 10.

Temporal Representation:

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5797, Silver	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5797, Silver	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5797, Silver	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

615

Pollutant:

Silver

LOE Subgroup:

Pollutant-Sediment

Matrix:

Not Specified

Fraction:

None

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 2 exceeded the PEL sediment quality guideline. (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Evaluation Guideline:

PEL-SQG for Marine and Estuary is 1.77 ug/g (ppm) (MacDonald, 1996).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected at the Upper Newport Bay.

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used

QAPP Information Reference(s):


DECISION ID	5855	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Chlordane
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2019
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	These pollutants are being considered for listing under sections 3.1 and 3.6 of the Listing Policy. Under sections 3.1 and 3.6 a single line of evidence is necessary to assess listing status. Currently, Newport Bay, Upper, is listed for pesticides. It is not possible, in a general listing, to determine which specific pollutant is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for pesticides from the 303(d) list and replace these general listings with the specific pollutants when found to be exceeding. Sediment toxicity has been documented in this water body, and enough sediment samples exceed the guideline. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification for placing this water segment-pollutant combination on the section 303(d) list. This conclusion is based on the staff findings that: 1. The water and sediment data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The water and sediment data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Three of the 11 sediment samples exceed the sediment quality guideline. And a large number of sediment samples exhibit sediment toxicity in this water body. This exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 5855, Chlordane	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5855, Chlordane	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

609

Pollutant:

Chlordane

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

Four samples were collected. However, none of these samples exceeded the sediment guideline (Bay et al. 2004).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

An applicable sediment guideline is not available for alpha chlordane alone but an ERM for total chlordane of 6 ng/g dw is applicable for the protection of aquatic life.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Three samples were collected in March 2002 at the Upper Newport Bay at stations NB10, NB10b and NB10c. And one sample was collected at NB10 in May 2001.

Temporal Representation:

Samples were collected in May 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5855, Chlordane	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

611

Pollutant:

Chlordane

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

Three of 7 samples exceeded the guideline (Phillips et al. 1998).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The sediment quality guideline dry weight is 6 ppb dw.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Lower Newport Bay.

Temporal Representation:

1994-1996.

Environmental Conditions:

QAPP Information:

BPTCP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5855, Chlordane	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

610

Pollutant:

Chlordane

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Two samples were collected. The exceedances could not be determined, because there in no water column criteria applicable to alpha chlordane alone (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Chlordane CTR criteria for protection of human health consumption of aquatic life is 0.00059 ppb.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay in the Upper Bay (NB10).

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5855, Chlordane	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):


DECISION ID	4972	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Copper
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2007
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 one line of evidence is necessary to assess listing status. Five lines of evidence are available in the administrative record to assess this pollutant. A sufficient number of samples exceed the CTR criteria. Sediment toxicity has been documented, and none of the sediment samples exceeded the sediment quality guideline for copper in this water body. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification for placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Two of 6 water samples exceeded the CTR criteria. Sediment toxicity has been documented, but none of the sediment samples exceeded the sediment quality guideline for copper in this water body. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met. Currently, Newport Bay, upper, is listed for metals. It is not possible in a general listing to determine which specific metal is causing or contributing to a water quality impacts. There is sufficient justification for removing the general listings for metals from the 303(d) list and replace these general listings with the specific metals found to be exceeding.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 4972, Copper	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4972, Copper	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4972, Copper	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

604

Pollutant:

Copper

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 2 samples exceeded the ERM sediment quality guideline. One sample was collected on each day at each location for each metal constituent. Acid volatile results indicate no pore water problem due to copper (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The ERM sediment quality guideline for copper is 270 ug/g (ppm) dry weight (Long et al., 1995).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay (NB10).

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4972, Copper	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

605

Pollutant:

Copper

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of the 2 samples exceeded the CTR criteria (USEPA, 2004)

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

From the CTR saltwater chronic criteria is 3.1 ug/L.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at Upper Newport Bay (NB10)

Temporal Representation:

Samples were collected in November 2001 and March 2002. One sample was collected on each day.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4972, Copper	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

606

Pollutant:

Copper

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Dissolved

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Two of four samples taken at different sampling stations exceeded the CTR CCC Criteria (USEPA. 2004).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR Criterion Continuous Concentration for dissolved Copper in saltwater is 3.1 ug/l for the protection of aquatic life.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Four sampling sites located in Upper Newport Bay at North Star Beach and at the mouth of San Diego Creek.

Temporal Representation:

Samples taken between 8/28/01 and 10/29/02.

Environmental Conditions:

QAPP Information:

USEPA Quality Assurance plan

QAPP Information Reference(s):


DECISION ID	5754	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	DDT (Dichlorodiphenyltrichloroethane)
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2019
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Eleven of 30 samples exceeded the 100 µg/kg (ppb) wet weight OEHHA screening value. For toxicity; 5 of 15 sediment samples were significantly toxic to amphipods. Fifteen of 15 pore water samples collected had significant effect in Purple Urchin larval development. One of 15 sediment water interface samples were was significantly toxic to Purple Sea Urchin. Five of 15 sediment water interface samples were significantly toxic to the fertilization test. For benthic degradation; 4 of 16 samples exhibited significant biological community degradation. Three samples were collected, however number of exceedances cannot be determined due to the unavailability of an applicable sediment quality guideline for total DDT. The tissue sample exceedances meet the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

601

Pollutant:

DDT (Dichlorodiphenyltrichloroethane)

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

Three samples were collected (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

There is no applicable sediment quality guideline available for total DDT.

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay at NB10, NB10b, and NB10c.

Temporal Representation:

Samples were collected in November 2001 and March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.The report shows evidence of lab QC such as spikes and replicates.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

603

Pollutant:

DDT (Dichlorodiphenyltrichloroethane)

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

Three out of 7 samples exceeded the screening value. Filet composite samples of diamond turbot (1997) and striped mullet (2002) were collected. Individual samples of brown smoothhound shark (1998), orangemouth corvina (1999), California halibut (2000), round stingray (2001), and spotted sand bass (2002) were also collected. The guideline was exceeded in the diamond turbot, striped mullet, and spotted sand bass samples (TSMP, 2002).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Santa Ana River Basin RWQCB Basin Plan: Toxic substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

OEHHA Screening Value 100 ng/g wet weight (Brodberg and Pollock, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Two stations in Upper Newport Bay were sampled: at the mouth of the channel, around the corner into the preserve from the DFG Marine Studies Center (Ecological Reserve); and at the Newport Dunes Aquatic Park across from the public boat launch ramp (Newport Dunes).

Temporal Representation:

Samples were collected annually 1997-2002.

Environmental Conditions:

QAPP Information:

Environmental Chemistry Quality Assurance and Data Report for the Toxic Substances Monitoring Program, 1996-2000. Department of Fish and Game.

Environmental Chemistry Quality Assurance and Data Report for the Toxic Substances Monitoring Program, 2001-2002. Department of Fish and Game.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

638

Pollutant:

Estuarine Bioassessments

LOE Subgroup:

Population/Community Degradation

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Benthic macroinvertebrate surveys

Data Used to Assess Water Quality:

Four of 16 samples exhibited significant biological community degradation (Phillips et al. 1998).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: Toxic substances. The concentration of toxic substances in the water column, sediments, biota shall not adversely affect beneficial uses.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 16 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

QAPP Information. Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 5754, DDT (Dichlorodiphenyltrichloroethane)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

602

Pollutant:

DDT (Dichlorodiphenyltrichloroethane)

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

Eight of 23 samples exceeded the OEHHA screening value. Of the 23 samples; 4 of 19 were exceeding in the outer bay and 4 of 4 were exceeding in the inner bay (Allen et al. 2004).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for DDT is 100 µg/kg (ppb) wet weight (Brodberg and Pollock, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in inner and outer Upper Newport Bay.

Temporal Representation:

Samples were collected in November 2000-January 2001 (0 samples exceeded), 2 samples exceeded in the outer upper bay between June-July 2001. Three samples exceeded in the outer upper bay and 4 samples exceeded in the inner upper bay between March-April & August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.The report shows evidence of lab QC such as spikes and replicates.

QAPP Information Reference(s):


DECISION ID	7267	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Metals
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Urban Runoff/Storm Sewers
Expected TMDL Completion Date:	2019
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	303(d) listing decisions made prior to 2006 were not held in an assessment database. The Regional Boards will update this decision when new data and information become available and are assessed.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	N/A

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 7267, Metals	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

4426

Pollutant:

Metals

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Cold Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Unspecified--This LOE is a placeholder to support a 303(d) listing decision made prior to 2006.

Data Reference:

Placeholder reference pre-2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Unspecified

Objective/Criterion Reference:

Placeholder reference pre-2006 303(d)

Evaluation Guideline:

Unspecified

Guideline Reference:

Placeholder reference pre-2006 303(d)

Spatial Representation:

Unspecified

Temporal Representation:

Unspecified

Environmental Conditions:

Unspecified

QAPP Information:

Unspecified

QAPP Information Reference(s):


DECISION ID	4954	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	PCBs (Polychlorinated biphenyls)
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2019
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under sections 2.1, and 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. There are five lines of evidence available in the administrative record to assess this pollutant. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Four of 30 samples exceeded the OEHHA screening value and this does exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Although sediment toxicity has been documented in this water body, none of 4 samples exceeded the dry weight sediment quality guideline. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information, SWRCB staff concludes that the water body-pollutant combination should be placed on the section 303(d) list because applicable water quality standards for the pollutant are exceeded.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 4954, PCBs (Polychlorinated biphenyls)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4954, PCBs (Polychlorinated biphenyls)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

639

Pollutant:

PCBs (Polychlorinated biphenyls)

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

Three out of 7 samples exceeded. Filet composite samples of diamond turbot (1997) and striped mullet (2002) were collected. Individual samples of brown smoothhound shark (1998), orangemouth corvina (1999), California halibut (2000), round stingray (2001), and spotted sand bass (2002) were also collected. The guideline was exceeded in the orangemouth corvina, striped mullet, and spotted sand bass samples (TSMP, 2002).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Santa Ana River Basin RWQCB Basin Plan: Toxic substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels which are harmful to human health.

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for polychlorinated biphenyls is 20 µg/kg (ppb) wet weight (Brodberg and Pollock, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Two stations in Upper Newport Bay were sampled: mouth of the channel, around the corner into the preserve from the DFG Marine Studies Center (Ecological Reserve); and Newport Dunes Aquatic Park across from the public boat launch ramp (Newport Dunes).

Temporal Representation:

Samples were collected annually 1997-2002.

Environmental Conditions:

QAPP Information:

Environmental Chemistry Quality Assurance and Data Report for the Toxic Substances Monitoring Program, 1996-2000. Department of Fish and Game.
Environmental Chemistry Quality Assurance and Data Report for the Toxic Substances Monitoring Program, 2001-2002. Department of Fish and Game.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4954, PCBs (Polychlorinated biphenyls)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

600

Pollutant:

PCBs (Polychlorinated biphenyls)

LOE Subgroup:

Pollutant-Tissue

Matrix:

Tissue

Fraction:

Total

Beneficial Use:

Commercial or recreational collection of fish, shellfish, or organisms

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fish tissue analysis

Data Used to Assess Water Quality:

One of the 23 samples exceeded the OEHHA screening value (TSMP, 2002).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Toxic Substances shall not be discharged at levels that will bioaccumulate in aquatic resources to levels harmful to humans (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The OEHHA screening value for polychlorinated biphenyls is 20 ug/kg (ppb) wet weight (Brodberg and Pollock, 1999).

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Nineteen samples were collected from the inner bay and 4 from the outer bay.

Temporal Representation:

Samples were collected in November 2000-January 2001, June-July 2001, and March-April & August-September 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.The report shows evidence of lab QC such as spikes and replicates.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4954, PCBs (Polychlorinated biphenyls)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

599

Pollutant:

PCBs (Polychlorinated biphenyls)

LOE Subgroup:

Pollutant-Sediment

Matrix:

Sediment

Fraction:

None

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Chemical monitoring of sediments

Data Used to Assess Water Quality:

None of the 4 samples exceeded the sediment quality guideline (Bay and Greenstein, 2003).

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

The concentration of toxic substance in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

The sediment quality guideline is 400 ng/g (ppb) dry weight (MacDonald et al., 2000)

Guideline Reference:

Placeholder reference 2006 303(d)

Spatial Representation:

Samples were collected in the Upper Newport Bay at NB10, NB10b, and NB10c.

Temporal Representation:

One sample was collect at NB10 in November 2001, one sample was collected at each of following sites NB10, NB10b, and NB10c on March 2002.

Environmental Conditions:

QAPP Information:

SCCWRP QAPP was used.QA/QC information is included in the document.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 4954, PCBs (Polychlorinated biphenyls)	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):


DECISION ID	6699	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Sediment Toxicity
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Original
Sources:	Source Unknown
Expected TMDL Completion Date:	2019
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.6 of the Listing Policy. Under section 3.6 a single line of evidence is necessary to assess listing status. Two lines of evidence are available in the administrative record to assess this pollutant. A sufficient number of the sediment samples show toxicity. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Thirty-three of 75 samples show sediment toxicity, and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):	USEPA approved the listing of this water body as a water quality limited segment requiring a TMDL for this pollutant.

Line of Evidence (LOE) for Decision ID 6699, Sediment Toxicity	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

637

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were taken at stations NB1, NB2, NB3, NB4, and NB5.

Temporal Representation:

The samples were taken in May 2001.

Environmental Conditions:

QAPP Information:

SCCRWP QAPP.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 6699, Sediment Toxicity	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

636

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Toxicity testing of sediments

Data Used to Assess Water Quality:

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Narrative Water Quality Objective: The concentration of toxic substances in the water column, sediments or biota shall not adversely affect beneficial uses (SARWQCB, 1995).

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected from 15 sites.

Temporal Representation:

Samples were collected in September 1994, June 1996, and August 1997.

Environmental Conditions:

QAPP Information:

Study was conducted by the California Department of Fish and Game.QA/QC information is contained in the document.

QAPP Information Reference(s):


DECISION ID	4090	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Nutrients
Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)(2006)
Revision Status	Original
Sources:	Source Unknown
TMDL Name:	Newport Bay Watershed Nutrient TMDL
TMDL Project Code:	156
Date TMDL Approved by USEPA:	01/01/1999
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for listing under section 2.2 of the Listing Policy. Under this section of the Policy, a minimum of one line of evidence is needed to assess listing status. The Newport Bay Watershed Nutrient TMDL was completed in 1999. This water segment-pollutant combination was moved off the section 303(d) list during the 2002 listing cycle. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination in the Water Quality Limited Segments Being Addressed portion of the section 303(d) list.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of the available data and information for this recommendation, SWRCB staff conclude that the water body should be placed in the Water Quality Limited Segments Being Addressed category of the section 303(d) list because a TMDL has been approved by USEPA and an implementation plan has been approved.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4090, Nutrients	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

593

Pollutant:

Nutrients

LOE Subgroup:

Pollutant-Water

Matrix:

Not Specified

Fraction:

None

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Unspecified--This LOE is a placeholder to support a 303(d) listing decision made prior to 2006.

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

QAPP Information:

QA Info Missing

QAPP Information Reference(s):


DECISION ID	4175	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Pesticides
Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)(2006)
Revision Status	Original
Sources:	Agriculture \| Unknown Nonpoint Source
TMDL Name:	Newport Bay Watershed Organochlorine Compounds TMDL
TMDL Project Code:	161
Date TMDL Approved by USEPA:	02/13/2004
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for listing under section 2.2 of the Listing Policy. Under this section of the Policy, a minimum of one line of evidence is needed to assess listing status. The Newport Bay Watershed Diazinon/Chlorpyrifos TMDL was approved by RWQCB on April 4, 2003 and subsequently approved by USEPA on February 13, 2004. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination in the Water Quality Limited Segments Being Addressed portion of the section 303(d) list.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4175, Pesticides	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

591

Pollutant:

Pesticides

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Unspecified--This LOE is a placeholder to support a 303(d) listing decision made prior to 2006.

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Placeholder reference 2006 303(d)

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

QAPP Information:

QA Info Missing

QAPP Information Reference(s):


DECISION ID	4138	Region 8
Newport Bay, Upper (Ecological Reserve)

Pollutant:	Sedimentation/Siltation
Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (being addressed by USEPA approved TMDL)(2006)
Revision Status	Original
Sources:	Agriculture \| Channel Erosion \| Construction/Land Development \| Erosion/Siltation
TMDL Name:	Newport Bay Watershed Sediment TMDL
TMDL Project Code:	160
Date TMDL Approved by USEPA:	01/01/1999
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for listing under section 2.2 of the Listing Policy. Under this section of the Policy, a minimum of one line of evidence is needed to assess listing status. The Newport Bay Watershed Sediment TMDL was completed in 1999. This water segment-pollutant combination was moved off the section 303(d) list during the 2002 listing cycle. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination in the Water Quality Limited Segments Being Addressed portion of the section 303(d) list.

Regional Board Decision Recommendation:	No new data were assessed for 2008. The decision has not changed.

State Board Review of Regional Board Conclusion and Recommendation:

State Board Decision Recommendation:	After review of this Regional Board decision, SWRCB staff recommend the decision be approved by the State Board.

USEPA Action (if applicable):

Line of Evidence (LOE) for Decision ID 4138, Sedimentation/Siltation	Region 8
Newport Bay, Upper (Ecological Reserve)

LOE ID:

594

Pollutant:

Sedimentation/Siltation

LOE Subgroup:

Remedial Program in Place

Matrix:

Not Specified

Fraction:

Beneficial Use:

Estuarine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

TMDL completed in 1999.

Data Reference:

Placeholder reference 2006 303(d)

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

QAPP Information:

QA Info Missing

QAPP Information Reference(s):