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

Supporting Information

Regional Board 8 - Santa Ana Region

Water Body Name:	San Diego Creek Reach 2
Water Body ID:	CAR8011100019990211130358
Water Body Type:	River & Stream


DECISION ID	7272	Region 8
San Diego Creek Reach 2

Pollutant:	Metals
Final Listing Decision:	Delist from 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (TMDL required list)(2006)
Revision Status	Revised
Reason for Delisting:	Applicable WQS attained; reason for recovery unspecified
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for removal from the section 303(d) list under section 4.1 of the Listing Policy. Under this section a single line of evidence is necessary to assess listing status. This water body was originally listed because on October 31, 1997, EPA entered into a consent decree, Defend the Bay, Inc. v. Marcus, (N.D. Cal. No. C 97-3997 MMC), which established a schedule for development of TMDLs in San Diego Creek and Newport Bay. The decree required development of TMDLs for several toxic pollutants by January 15, 2002. Metals were included in the list of toxic pollutants. The current data indicates that the standards are being met and the listing is no longer applicable. Eleven lines of evidence are available in the administrative record to assess this pollutant. None of the samples that were analyzed for arsenic, cadmium, nickel chromium, and zinc exceeded the standards. Five (5) samples analyzed for copper and one sample analyzed for lead exceeded the standards. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification for 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 satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of 31 samples for arsenic, none of one hundred fifteen samples for cadmium, none of one hundred fifteen samples for chromium, none of one hundred fifteen samples for nickel, and none of one hundred fifteen samples for zinc, five of two hundred thirty samples for copper, and one of two hundred thirty samples for lead exceeded the California Toxics Rule and 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 not met.

Regional Board Decision Recommendation:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should be removed from the section 303(d) list because applicable water quality standards for the pollutant are not 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 be removed from 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 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7724

Pollutant:

Chromium (total)

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples none exceeded the California Toxics Rule Standard for acute or chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 361.14 ug/l to 2795.29 ug/l. The chronic criteria ranged from 117.15 ug/l to 987.37 ug/l.

Objective/Criterion Reference:

Water Quality Standards 2000. Establishment of numeric criteria for priority toxic pollutants for the State of California: Rules and regulations. Federal Register Vol. 65, No. 97. Washington, D.C.: Environmental Protection Agency

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The samples were collected at 4 locations as follows: San Diego Creek at Jefferson (SDJF05), san Diego Creek at Laguna Canyon Road (LCRF05), San Diego Creek at Sand Canyon (SSCF05), and West Yale Loop (WYLSED).

Temporal Representation:

The data evaluation period is October 2000 thorugh December 2006. The samples were collected at WYLSED during the dry weather on the following dates: 2/11/03, 7/14/04, 7/20/04, 8/24/04, 9/7/04, 9/29/04, 10/11/04, 11/16/04, 11/30/04, 3/2/05, 3/16/05, 4/5/05, 5/3/05, 5/10/05, 6/14/05, 6/28/05, 7/5/05, 7/12/05, 8/4/05, 8/8/05, 8/21/05, 9/6/05, 9/20/05, 10/5/05, 11/1/05, 11/29/05, 12/22/05, 12/28/05, 1/11/06, 2/1/06, 3/21/06, 4/17/06, 4/24/06, 5/1/06, 5/17/06, 6/13/06, 6/26/06.

The samples were collected at LCRF05 during the dry weather on the following dates: 10/13/05, 7/13/06, 10/5/06.

The samples were collected at SDJF05 during the dry weather on the following dates: 5/2/06, 7/14/06, 7/27/06, 8/2/06, 8/10/06, 8/22/06, 8/29/06.

The samples were collected at SSCF05 during the dry weather on the following dates: 8/22/06, 10/11/06, 11/15/06, 12/7/06.

The samples were collected at WYLSED during the wet weather on the following dates: 10/27/00, 10/29/00, 10/30/00, 1/8/01, 1/9/01, 1/10/01, 1/24/01, 1/25/01, 1/26/01, 3/6/01, 11/12/01, 11/14/01, 11/24/01, 11/25/01, 11/27/01, 11/30/01, 12/14/01, 12/16/01, 2/17/02, 2/18/02, 3/7/02, 3/8/02, 11/8/02, 11/10/02, 2/11/03, 1/2/04, 2/25/04, 2/26/04, 4/17/04, 4/19/04, 4/20/04, 10/26/04, 10/27/04, 10/28/04, 10/29/04, 10/30/04, 12/28/04,12/31/04, 1/1/05, 5/6/05, 5/7/05, 5/9/05, 10/17/05, 10/18/05, 2/27/06, 3/1/06, 3/3/06.

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7727

Pollutant:

Copper

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples 1 exceeded the California Toxics Rule Standard for acute toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 8.31 ug/l to 96.46 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7728

Pollutant:

Copper

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples 4 exceeded the California Toxics Rule Standard for chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR chronic criteria is hardness dependent and ranged from 5.79 ug/l to 53.51 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7730

Pollutant:

Lead

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

Not Specified

Data Used to Assess Water Quality:

Of the 115 samples 0 exceeded the California Toxics Rule Standard for acute toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 36.88 ug/l to 569.17 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7585

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 31 samples none exceeded the California Toxics Rule Standard for acute or chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California Toxics Rule Acute Criteria Arsenic: 340 ppb.
California Toxics Rule Chronic Criteria Arsenic: 150 ppb.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

The data evaluation period is October 2000 thorugh December 2006. The samples were collected at WYLSED during the dry weather on the following dates: 2/11/03, 8/21/05, 11/1/05, 2/1/06, 6/26/06.
The samples were collected at LCRF05 during the dry weather on the following dates: 10/13/05, 7/13/06, 10/5/06.
The samples were collected at SDJF05 during the dry weather on the following dates: 5/2/06, 7/14/06, 7/27/06, 8/2/06, 8/10/06, 8/22/06, 8/29/06.
The samples were collected at SSCF05 during the dry weather on the following dates: 8/22/06, 10/11/06, 11/15/06, 12/7/06. The samples were collected at WYLSED during the wet weather on the following dates: 11/8/02, 11/10/02, 2/11/03, 10/17/05, 10/18/05, 2/27/06, 3/1/06, 3/3/06.

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7725

Pollutant:

Nickel

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples none exceeded the California Toxics Rule Standard for acute or chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 303.93 ug/l to 2748.17 ug/l. The chronic criteria ranged from 33.76 ug/l to 305.24 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7729

Pollutant:

Silver

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples 1 exceeded the California Toxics Rule Standard for acute toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 1.43 ug/l to 126.01 ug/l. The CTR does not have a chronic toxicity standard that applies to silver.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7726

Pollutant:

Zinc

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples none exceeded the California Toxics Rule Standard for acute or chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 76.01 ug/l to 689.63 ug/l. The chronic criteria ranged from 76.63 ug/l to 695.27 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7723

Pollutant:

Cadmium

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples none exceeded the California Toxics Rule Standards for acute or chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR acute criteria is hardness dependent and ranged from 2.45 ug/l to 40.96 ug/l. The chronic criteria ranged from 1.53 ug/l to 10.45 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 7272, Metals	Region 8
San Diego Creek Reach 2

LOE ID:

7731

Pollutant:

Lead

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

115

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Of the 115 samples 1 exceeded the California Toxics Rule Standard for chronic toxicity.

Data Reference:

Program Effectiveness Assessment Section of the Unified Annual Progress Report for the period of time 2001-2007

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

CTR chronic criteria is hardness dependent and ranged from 1.44 ug/l to 22.18 ug/l.

Objective/Criterion Reference:

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Temporal Representation:

Environmental Conditions:

The samples were filtered in the field and collected during dry and wet weather. The analyses for the metals were done as total dissolved metals.

QAPP Information:

The data is in compliance with the NPDES Permit's Monitoring and Reporting Program Requirements which include Quality Assurance provisions.

QAPP Information Reference(s):


DECISION ID	13184	Region 8
San Diego Creek Reach 2

Pollutant:	Indicator Bacteria
Final Listing Decision:	List on 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	New Decision
Revision Status	Revised
Sources:	Source Unknown
Expected TMDL Completion Date:	2021
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	USEPA Final Approval Decision Details: The November 12, 2010 USEPA partial approval letter and the October 11, 2011 final approval letter both from Alexis Strauss, USEPA Region 9, to Tom Howard, SWRCB, concluded the following: USEPA added San Diego Creek Reach 2 to the list of water quality limited segments requiring a TMDL for indicator bacteria. This water body is designated as a Water Contact Recreation (REC1) water body either explicitly or implicitly as tributaries to other designated segments (RWQCB Santa Ana Region, 2008, Table 3-1, pp.3-23 - 3-35). The Santa Ana Basin Plan has the following water quality objective for fecal coliform to protect REC1 beneficial use: Fecal coliform: log mean less than 200 organisms/100 mL based on five or more samples/30 day period, and not more than 10% of the samples exceed 400 organisms/100 mL for any 30-day period. (RWQCB Santa Ana Region, 2008, pp.4-9) Recent monitoring data collected in this water body measures Escherichia coli (E. coli) indicator bacteria. E. coli is one species within the broader category of fecal coliform bacteria and monitoring data for E. coli can be used to evaluate whether the fecal coliform objective is being met in the subject water body. In addition, USEPA has recommended that California use USEPA's Ambient Water Quality Criteria for Bacteria (1986) when there is no adopted E. coli standard. Specifically, USEPA recommends that for REC1 beneficial use the following criteria be used: Steady state geometric mean indicator density - 126 indicator densities/100ml Designated beach area (upper 75% confidence limit) - 235 indicator densities/100ml (EPA, 1986, Table 4, pp.15) USEPA compared the E. coli data for this water body to the Basin Plan's fecal coliform objective, as well as to USEPA's recommended E. coli criteria and the results were: 1. Thirty-one of the 64 samples taken exceeded the USEPA E. coli criteria (235 organisms/100ml). 2. Twenty-eight of the 64 samples taken exceeded the Basin Plan objective for fecal coliform (400 organisms/100ml). For this water body segment, sufficient exceedances of the fecal coliform objective and the USEPA recommended criteria exist to merit listings per the 10% exceedance threshold for conventional pollutants expressed in Table 3.2 of the State Listing Policy. For historical clarification, the Regional and State Water Board detailed decision recommendations made prior to USEPA's final decision are presented in their respective recommendation fields in this decision. Note: All lines of evidence (LOEs) previously made by the Regional Boards have been revised where necessary in accordance with USEPA's final decision.

Regional Board Decision Recommendation:	Regional Water Board Decision Recommendation (prior to State Water Board approval): This pollutant is being considered for placement on the section 303(d) list under section 3.3 of the Listing Policy. One line of evidence is available in the administrative record to assess this pollutant. Thirty of 64 samples exceeded the EPA's single sample value of 236. While the frequency of measurements above this single sample value would warrant listing pursuant to the Listing Policy (Table 3.2), listing on the bases of these data is not appropriate at this time, based on the following: (1). The samples were collected on a monthly basis; insufficient samples were collected to derive geomeans. EPA has made clear in relevant guidance and regulation on EPA's bacteria criteria (e.g., Section IV B 3 of 40 CFR Part 131 (Water Quality Standards for Coastal and Great Lakes Recreation Waters; Final Rule) that the geometric mean is the more relevant value for ensuring that appropriate actions are taken to protect and improve water quality because it is a more reliable measure, being subject to less random variation and more directly linked to the underlying studies on which the 1986 bacteria criteria were based. EPA has consistently stated that the single sample standard is best used in making beach notifications and closure decisions. (2). The single sample value of 236 employed for comparative purposes is inappropriate since it is based on inappropriate assumptions regarding data variability and the intensity of recreational use at the sites (there are not designated beach areas). The value of 236 is derived based on the assumptions that (1) the log standard deviation of measured E. coli concentrations is 0.4 (essentially a default value that is assumed in the absence of adequate data/analysis), and (2) that the 75th percentile value should be selected to protect designated beach areas. EPA recommends that this percentile value be used for designated beach areas where a higher level of confidence is needed to assure that the geomean is being met. (As described in detail by EPA, single sample maximum values are statistical constructs designed to provide the assurance that geomean objectives are met. Greater confidence is needed where recreational use, and the threat of exposure, is highest; where there is limited recreational use, lower confidence is needed that the geomean is achieved.) However, the waters at issue here are not designated beach areas and receive little recreational use. Further, data variability is higher than the default value of 0.4. As a result, the applicable single sample value for comparative assessment purposes is not 236, but a higher value (which should be determined through a standards setting process; the Stormwater Quality Standards Task Force is engaged in this effort right now. 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. Thirty of 64 samples exceeded the Ocean Plan's single sample standard and this standard is not appropriate on which to base listing decisions. The geometric mean standard is the appropriate standard on which to base listing decisions. The data available consists of monthly samples and geometric means can not be calculated. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met. RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list because standards are not being exceeded.

State Board Review of Regional Board Conclusion and Recommendation:	For historical clarification, the Regional and State Water Board detailed decision recommendations made prior to USEPA's final decision are presented in their respective recommendation fields in this decision. Note: All lines of evidence (LOEs) previously made by the Regional Boards have been revised where necessary in accordance with USEPA's final decision.

State Board Decision Recommendation:	State Water Board Decision Recommendation (prior to USEPA approval): The April 19, 2010 State Water Board staff report for the 2010 Integrated Report recommended to place this water body on the 303(d) list for E. coli based on the following: As a result of State Board staff review, State Water Board staff does not concur with SARWQCB decision to not place this water segment-pollutant combination on the section 303(d) list. Listing Policy section 6.1 requires all readily available data and information shall be evaluated. In the absence of geometric mean information single sample data will be assessed. State Water Board staff agreed with the assessment contained in the associated LOE developed by Regional Board which is based on, water quality criteria of 235 MPN per 100ml (REC-1). It is State Water Board staff's position that based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in support 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 of 64 samples exceeded the single sample water quality objective for E. coli in fresh water and this exceeds the allowable frequency listed in Table 3.2 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. At the June 15, 2010 State Water Board meeting for approval of the 2010 Integrated Report, the State Water Board directed staff to reevaluate the listing recommendation for this water body-pollutant combination. Based on this reevaluation, State Water Board staff continued to recommend to place this water body on the 303(d) list for E. coli. At the August 4, 2010 State Water Board's follow-up Board meeting for approval of the 2010 Integrated Report, the State Water Board did not approve the staff recommendation and instead recommended to not place this water body on the 303(d) list for E. coli. After review of this Regional Board decision, the State Water Board recommends that this water body-pollutant combination should not be placed on the section 303(d) list because it cannot be determined if applicable water quality standards are being exceeded.

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

Line of Evidence (LOE) for Decision ID 13184, Indicator Bacteria	Region 8
San Diego Creek Reach 2

LOE ID:

21554

Pollutant:

Escherichia coli (E. coli)

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 64 samples taken by Orange County Coast Keeper Coastal Watersheds Project, 31 exceeded USEPA's recommended single sample standard and 28 samples exceeded the Basin Plan fecal coliform objective.

Data Reference:

Orange County Coast Keeper Coastal Watersheds Project

USEPA Partial Approval Disapproval Letter and enclosures for California's 2008-2010 303(d) List

USEPA Final Decision Letter with enclosures and responsiveness summary regarding waters added to California's 2008-2010 303(d) List

USEPA Region 9 data summary for addition of indicator bacteria to California 2010 303(d) list for some Santa Ana River - Region 8 water bodies

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

USEPA Recommended Ambient Water Quality Criteria for Bacteria -1986: E. coli: log mean less than 126 organisms/100 mL based on five or more samples per 30-day period, and single sample shall not exceed 235 organisms/100mL.

Santa Ana Region Basin Plan objective for Fecal coliform: log mean less than 200 organisms/100 mL based on five or more samples/30 day period, and not more than 10% of the samples exceed 400 organisms/100 mL for any 30-day period. (RWQCB Santa Ana Region, 2008, pp.4-9)

Objective/Criterion Reference:

Water Quality Control Plan for the Santa Ana River Basin

Ambient Water Quality Criteria for Bacteria - 1986. EPA440/5-84-002

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

The samples were taken at three locations: San Diego Creek 1, 2, 3, (sd1, sd2, and sd3).

sd1 - Bake Parkway: This site is located off of Irvine Center Drive on the right hand side before the Wild Rivers water park.

sd2 - 133 Fwy: The 133 Fwy is located off of Pacifica and Alton in the dead end down the ramp in the riverbed. This area is just downstream of SD1 Bake Parkway, yet has never been dry.

sd3 - Sand Canyon : The Sand Canyon site is located off of the 405 freeway at Sand Canyon avenue past Alton at the bridge on the northeast corner of Barranca and Sand Canyon avenue. There is a pullout with a chain gate.

Temporal Representation:

The samples were collected monthly starting on December 23, 2003, at sd1 and sd3, through June 21, 2004. Monthly samples were also collected at sd2 starting on October 22, 2002 through June 21, 2004.

Environmental Conditions:

Staff is not aware of any special conditions that might effect interpretation of the data.

QAPP Information:

The data's quality is deemed appropriate because it was obtained under the auspices of a QAPP approved by the Regional Board.

QAPP Information Reference(s):


DECISION ID	4141	Region 8
San Diego Creek Reach 2

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:	Agriculture \| Groundwater Loadings \| Urban Runoff/Storm Sewers
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 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 4141, Nutrients	Region 8
San Diego Creek Reach 2

LOE ID:

2970

Pollutant:

Nutrients

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Warm 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 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	4142	Region 8
San Diego Creek Reach 2

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:	04/16/1999
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 San Diego Creek - Reach 1/2 Sedimentation 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 4142, Sedimentation/Siltation	Region 8
San Diego Creek Reach 2

LOE ID:

2971

Pollutant:

Sedimentation/Siltation

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Warm 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 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	4189	Region 8
San Diego Creek Reach 2

Pollutant:	Unknown Toxicity
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:	Unknown Nonpoint Source
TMDL Name:	Newport Bay Watershed Diazinon/Chlorpyrifos TMDLs
TMDL Project Code:	151
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 4189, Unknown Toxicity	Region 8
San Diego Creek Reach 2

LOE ID:

2969

Pollutant:

Unknown Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Not Recorded

Beneficial Use:

Warm 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 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):