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

Supporting Information

Regional Board 8 - Santa Ana Region

Water Body Name:	Goldenstar Creek
Water Body ID:	CAR8012600020080924025347
Water Body Type:	River & Stream


DECISION ID	13087	Region 8
Goldenstar Creek

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 Goldenstar Creek 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. Nineteen of the 79 samples taken exceeded the USEPA E. coli criteria (235 org/100ml) and also the Basin Plan objective for fecal coliform (400 org/100ml). All of the exceedances occurred at two sites Goldenstar 1 and 2 (gs1 and gs2) 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. Twenty of 79 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. Twenty of 79 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 RWQCB Decision to Do Not List the water body-pollutant combination. 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 Boards 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. Twenty of 79 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 decided 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 13087, Indicator Bacteria	Region 8
Goldenstar Creek

LOE ID:

21472

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 25 samples taken by Orange County Coast Keeper Coastal Watersheds Project, 0 exceeded USEPA's recommended single sample standard and also the Basin Plan fecal coliform objective.
These samples were from sampling station Goldenstar 3 (gs3).

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 from the sampling station Goldenstar 3 (gs3) sample site.

Temporal Representation:

The samples were taken monthly starting on October 29, 2002 through June 3, 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):

Line of Evidence (LOE) for Decision ID 13087, Indicator Bacteria	Region 8
Goldenstar Creek