Draft California 2020 Integrated Report (303(d) List/305(b) Report)

Supporting Information

Regional Board 9 - San Diego Region

Water Body Name:	Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge
Water Body ID:	CAC9011400020110512155207
Water Body Type:	Coastal & Bay Shoreline


DECISION ID	83817	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Arsenic. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Arsenic and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83817, Arsenic	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74482

Pollutant:

Arsenic

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 8 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

Data were submitted with the County of Orange Stormwater Program Quality Assurance Management Plan (QAMP) dated January 2010. However, data were collected prior to the development of this QAMP, therefore the quality of these data are unknown.

QAPP Information Reference(s):


DECISION ID	83732	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Cadmium. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Cadmium and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83732, Cadmium	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74483

Pollutant:

Cadmium

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 1 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83733	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Chlorpyrifos
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Two samples exceed the Water Quality Criteria for Chlorpyrifos. 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 CWA 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. Zero of Two samples exceeded the Water Quality Critier for Chlorpyrifos and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83733, Chlorpyrifos	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74484

Pollutant:

Chlorpyrifos

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fixed station physical/chemical (conventional plus toxic pollutants)

Data Used to Assess Water Quality:

None of two samples exceeded the Criteria Continuous Concentration for Chlorpyrifos of 9 ng/L. However, the reporting limits for three non-detect samples were 10 ng/L which is greater than the evaluation guideline, therefore these data were not usable.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Marine communities, including vertebrate, invertebrate, and plant species, shall not be degraded.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

The Criteria Continuous Concentration for chlorpyrifos in saltwater is 9 ng/L.

Guideline Reference:

Water quality criteria for diazinon and chlorpyrifos. Administrative Report 00-3. Rancho Cordova, CA: Pesticide Investigations Unit, Office of Spills and Response. CA Department of Fish and Game

Spatial Representation:

Samples were collected at site N1-d

Temporal Representation:

Samples were collected 2007 to 2009.

Environmental Conditions:

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83734	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Copper
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Copper. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Copper and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83734, Copper	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74485

Pollutant:

Copper

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 3 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83780	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Diazinon
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Criteria for Diazinon. 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 CWA 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. Zero of Five samples exceeded the Water Quality Criteria for Diazinon and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83780, Diazinon	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74486

Pollutant:

Diazinon

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fixed station physical/chemical (conventional plus toxic pollutants)

Data Used to Assess Water Quality:

None of the five samples exceeded the Criteria Continuous Concentration for diazinon of 820 ng/L.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan states that, "The concentration of organic materials in marine sediments shall not be increased to levels that would degrade marine life.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

The Criteria Continuous Concentration for diazinon in saltwater is 820 ng/L.

Guideline Reference:

Aquatic Life Ambient Water Quality Criteria for Diazinon

Spatial Representation:

Samples were collected at site NI-1d.

Temporal Representation:

Samples were collected 2007 to 2009

Environmental Conditions:

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83870	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Lead. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Lead and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83870, Lead	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74494

Pollutant:

Lead

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 2 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83824	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Malathion
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Criteria for Malathion. 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 CWA 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. Zero of Five samples exceeded the Water Quality Criteria for Malathion and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83824, Malathion	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74495

Pollutant:

Malathion

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Fixed station physical/chemical (conventional plus toxic pollutants)

Data Used to Assess Water Quality:

None of the five samples exceeded the maximum concentration for Malathion of 100 ng/L.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Marine communities, including vertebrate, invertebrate, and plant species, shall not be degraded.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

The maximum (Instantaneous) concentration for Malathion in saltwater is 100 ng/L.

Guideline Reference:

Quality Criteria for Water. USEPA Office of Water and Hazardous Materials. Washington, D.C

Spatial Representation:

Samples were collected at site NI-1d.

Temporal Representation:

Samples were collected 2007 to 2009.

Environmental Conditions:

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83871	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Nickel. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective Nickel and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83871, Nickel	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74497

Pollutant:

Nickel

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

The five samples did not exceed the objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 5 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83912	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Nitrogen, ammonia (Total Ammonia)
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective Nitrogen, ammonia (Total Ammonia). 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Nitrogen, ammonia (Total Ammonia) and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83912, Nitrogen, ammonia (Total Ammonia)	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74498

Pollutant:

Nitrogen, ammonia (Total Ammonia)

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

None of five sample medians exceeded the water quality objective for total ammonia. Each samples was calculated a median using the sample and all other samples taken previously within a 180-day period.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. The Ocean Plan objective for total ammonia as nitrogen is a moving 6-month median of 600 ug/L.

Objective/Criterion Reference:

Water Quality Control Plan for the San Diego Basin

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

Samples were collected at station NI-1.

Temporal Representation:

Samples were collected from September 2007 to April 2009.

Environmental Conditions:

QAPP Information:

A signed QAPP was included with the stated goal of ensuring the consistent collection of accurate water quality information that will used to satisfy the objectives of the Orange County Stormwater Program.

QAPP Information Reference(s):


DECISION ID	83913	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Selenium. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Selenium and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83913, Selenium	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74499

Pollutant:

Selenium

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 15 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	83914	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Objective for Silver. 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 CWA 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. Zero of Five samples exceeded the Water Quality Objective for Silver and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 83914, Silver	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74500

Pollutant:

Silver

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 0.7 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	70136	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	Zinc
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)(2016)
Revision Status	Original
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA 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. Zero of the Five samples exceed the Water Quality Criteria for Zinc. 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 CWA 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. Zero of Five samples exceeded the Water Quality Criteria for Zinc and this sample size is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating. A minimum of 16 samples is needed to determine if a beneficial use is fully supported using table 3.1. 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should not be placed on the section 303(d) list. The readily available data and information is insufficient to determine, with the power and confidence of the Listing Policy, the applicable beneficial use support rating.

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.

Line of Evidence (LOE) for Decision ID 70136, Zinc	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74512

Pollutant:

Zinc

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total Dissolved

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

Non-fixed station physical/chemical (conv + toxicants during key seasons and flows)

Data Used to Assess Water Quality:

None of the five samples exceed the water quality objective.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

California's Ocean Plan Table B lists 6-month median concentration of 20 ug/L to protect aquatic life in marine waters.

Objective/Criterion Reference:

California Ocean Plan Water Quality Control Plan Ocean Waters of California 2009

Evaluation Guideline:

Guideline Reference:

Spatial Representation:

All five samples were collected from station NI-1d.

Temporal Representation:

Samples were collected from 2007 through 2009.

Environmental Conditions:

One sample was collected after a storm event.

QAPP Information:

QAPP Information Reference(s):


DECISION ID	98466	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

Pollutant:	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)(2016)
Revision Status	Original
Sources:	A Source Unknown
Expected TMDL Completion Date:	2029
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the CWA section 303(d) List under section 3.6 of the Listing Policy. Under section 3.6 at least one line of evidence is necessary to assess listing status for toxicity. One line of evidence is available in the administrative record to assess this pollutant. Two of six samples exhibited sediment toxicity. 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 CWA 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. Two of the Six samples exhibited sediment toxicity, and this sample size is SUFFICIENT to determine beneficial use support, with the power and confidence 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:	After review of the available data and information, RWQCB staff concludes that the water body-pollutant combination should be placed on the section 303(d) list because applicable water quality standards are exceeded and a pollutant contributes to or causes the problem.

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.

Line of Evidence (LOE) for Decision ID 98466, Toxicity	Region 9
Pacific Ocean Shoreline, Dana Point HSA, at Niguel Marine Life Refuge

LOE ID:

74510

Pollutant:

Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

None

Beneficial Use:

Marine Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

Six samples were collected to test for toxicity. Two of the six samples exhibited statistically and biologically significant toxicity. The toxicity tests that exhibited significant toxicity included Purple Urchin development and Mysid survival.

Data Reference:

Data for Various Waterbodies in Region 8 and Region 9, 2006-2009.

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life

Objective/Criterion Reference:

Water Quality Control Plan for the San Diego Basin

Evaluation Guideline:

Toxicity is defined as a statistically significant effect in the sample exposure compared to the control using EPA-recommended hypothesis testing. The t-test is used to determine if there is a statistically significant decrease in organism response in the sample as compared to the control. Additionally, the biological significance of the sample was evaluated by determining whether the sample response was lower than the evaluation threshold.

Guideline Reference:

Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. EPA-821-R-02-012

Guideline Reference:

Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms. Fourth Edition. Office of Water, U.S. Environmental Protection Agency. Washington, D.C. EPA-821-R-02-013

Spatial Representation:

The sample was collected at station NI1d Niguel Marine Life Refuge.

Temporal Representation:

The sample was collected from September 2007 to February 2010.

Environmental Conditions:

QAPP Information:

The data collected under the Quality Assurance Management Plan for The Orange County Stormwater Program. The SWAMP measurement quality objectives were followed for toxicity data. The performance of toxicity bioassays and evaluation of reference toxicants were performed using USEPA and Standard Methods.

QAPP Information Reference(s):