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

Supporting Information

Regional Board 5 - Central Valley Region

Water Body Name:	Berenda Creek (Madera County)
Water Body ID:	CAR5453002020081113235146
Water Body Type:	River & Stream


DECISION ID	73643	Region 5
Berenda Creek (Madera County)

Pollutant:	Toxicity
Final Listing Decision:	Do Not Delist from 303(d) list (TMDL required list)
Last Listing Cycle's Final Listing Decision:	Do Not Delist from 303(d) list (TMDL required list)(2016)
Revision Status	Original
Sources:	A Source Unknown
Expected TMDL Completion Date:	2027
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This pollutant is being considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. Four lines of evidence are available in the administrative record to assess this pollutant. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification in favor of placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. Two of 7 water samples exhibited a statistically significant decrease in Ceriodaphnia dubia (an invertebrate species) survival compared to control (2 of 7 water samples exceed the narrative toxicity objective), and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 4. One of 6 water samples exhibited a statistically significant decrease in Selenastrum capricornutum (an algal plant species) growth (total cell counts) compared to control (1 of 6 water samples exceed the narrative toxicity objective), and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 5. Zero of 6 water samples exhibited a statistically significant decrease in Pimephales promelas (a vertebrate species) survival compared to control (0 of 6 water samples exceed the narrative toxicity objective), and this exceeds the allowable frequency listed in Table 3.1 of the Listing Policy. 6. Zero of 2 sediment samples exhibited a statistically significant decrease in hyalella azteca (an invertebrate species) survival compared to control (0 of 2 water samples exceed the narrative toxicity objective), and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 7. 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 removed from the section 303(d) list because applicable water quality standards for the pollutant are being exceeded.

State Board Review of Regional Board Conclusion and Recommendation:

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

Line of Evidence (LOE) for Decision ID 73643, Toxicity	Region 5
Berenda Creek (Madera County)

LOE ID:

25500

Pollutant:

Vertebrate Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

None of the 6 water samples tested for acute toxicity with Pimephales promelas as the testing species were toxic (none violated the narrative toxicity objective).

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

Monitoring and Reporting Program, Order Nos. R5-2003-0826, R5-2005-0833, and R5-2008-0005 for Coalition Groups Under Resolution No. R5-2003-0105, Conditional Waiver of Waste Discharge Requirements for Discharges From Irrigated Lands Within the Central Valley Region

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life. This objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances (CVRWQCB, 2007).

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day acute-style toxicity tests.

Guideline Reference:

Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. U.S. Environmental Protection Agency Office of Water, Washington, DC EPA-821-R-02-012

Spatial Representation:

Water samples were collected from Berenda Creek at Avenue 17.5.

Temporal Representation:

Samples were collected on 27 and 29 January 2005, 22 June 2005, 7 and 20 July 2005, and on 3 August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Excellent. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 73643, Toxicity	Region 5
Berenda Creek (Madera County)

LOE ID:

25495

Pollutant:

Sediment Toxicity

LOE Subgroup:

Toxicity

Matrix:

Sediment

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

None of the 2 sediment samples tested with Hyalella azteca were toxic.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 10-day Hyalella azteca sediment toxicity tests.

Guideline Reference:

Methods for Measuring the Toxicity and Bioaccumulation of Sediment-associated Contaminants with Freshwater Invertebrates, Second Edition. U.S. Environmental Protection Agency Office of Research and Development, Duluth, MI , U.S. Environmental Protection Agency Office of Water, Washington, DC EPA-600/R-99/064

Spatial Representation:

Samples were collected from Berenda Creek at Avenue 17.5.

Temporal Representation:

Samples were collected on 12 April 2005 and on 20 August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Excellent. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 73643, Toxicity	Region 5
Berenda Creek (Madera County)

LOE ID:

25499

Pollutant:

Invertebrate Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

Seven water samples were collected from Berenda Creek at Avenue 17.5 and tested for acute toxicity with Ceriodaphnia dubia as the test species. Two of the 7 water samples, collected on 27 January 2005 and on 7 July 2005 both exhibited 0% survival compared to the control and, therefore, violated the narrative toxicity objective.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day acute-style toxicity tests.

Guideline Reference:

Spatial Representation:

Water samples were collected from Berenda Creek at Avenue 17.5.

Temporal Representation:

Samples were collected 27 and 29 January 2005, on 1 February 2005, on 22 June 2005, on 20 July 2005, and on 3 August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Excellent. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):

Line of Evidence (LOE) for Decision ID 73643, Toxicity	Region 5
Berenda Creek (Madera County)

LOE ID:

25498

Pollutant:

Plant Toxicity

LOE Subgroup:

Toxicity

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

TOXICITY TESTING

Data Used to Assess Water Quality:

One of 6 water samples tested with Selenastrum capricornutum (an algal plant species) was toxic and violated the narrative toxicity objective. The one toxic water sample was collected from Berenda Creek at Avenue 17.5 on 29 January 2005 and exhibited a statistically significant decrease in growth (total cell counts) of 53%, compared to the control.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

Objective/Criterion Reference:

Water Quality Control Plan for the Tulare Lake Basin Second Edition. rev. Jan 2004

Evaluation Guideline:

Statistically significant difference from control using a t-test with 4-day chronic-style toxicity tests.

Guideline Reference:

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

Spatial Representation:

Water samples were collected from Berenda Creek at Avenue 17.5 (West of Madera).

Temporal Representation:

Samples were collected on 27 and 29 January 2005, 22 June 2005, 7 and 20 July 2005, and on 3 August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Excellent. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):


DECISION ID	75554	Region 5
Berenda Creek (Madera County)

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 is a decision previously approved by the State Water Resources Control Board and the USEPA. No new data or information was available during the 2014 Integrated Report cycle to reassess this water body segment and pollutant. The decision has not changed. This pollutant was originally considered for placement on the section 303(d) list under section 3.1 of the Listing Policy. Under section 3.1 a single line of evidence is necessary to assess listing status. One line of evidence is available in the administrative record to assess this pollutant. None of six available 4-day average concentrations exceeded the 4-day average maximum concentration diazinon criterion of 0.10 ug/L, and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. In addition, one of ten available 1-hour average concentrations exceeded the 1-day average concentration diazinon criterion of 0.16 ug/L, and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. Based on the readily available data and information, the weight of evidence indicates that there is sufficient justification against placing this water segment-pollutant combination on the section 303(d) list in the Water Quality Limited Segments category. This conclusion is based on the staff findings that: 1. The data used satisfies the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfies the data quantity requirements of section 6.1.5 of the Policy. 3. None of six available 4-day average concentrations exceeded the 4-day average maximum concentration diazinon criterion of 0.10 ug/L, and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. In addition, one of ten available 1-hour average concentrations exceeded the 1-day average concentration diazinon criterion of 0.16 ug/L, and this does not exceed the allowable frequency listed in Table 3.1 of the Listing Policy. 4. Pursuant to section 3.11 of the Listing Policy, no additional data and information are available indicating that standards are not met.

Regional Board Decision Recommendation:	This is a decision previously approved by the State Water Resources Control Board and the USEPA. No new data or information was available during the 2014 Integrated Report cycle to reassess this water body segment and pollutant. 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.

Line of Evidence (LOE) for Decision ID 75554, Diazinon	Region 5
Berenda Creek (Madera County)

LOE ID:

25501

Pollutant:

Diazinon

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Ten water samples were collected from Berenda Creek in 2005, representing six calculated 4-day average concentrations and ten 1-hour average concentrations. Zero of the six calculated four-day average concentrations exceeded the 4-day average criterion of 0.100 ug/L. One of the ten 1-hour average concentrations exceeded the 1-hour average criterion of 0.160 ug/L.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

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

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

California Fish and Game Hazard Assessment freshwater aquatic life protection criteria: 0.160 ug/L 1-hour average, and 0.100 ug/L 4-day average, not to be exceeded more than once every three years.

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:

Water samples were collected from Berenda Creek at Avenue 17.5, west of Madera.

Temporal Representation:

Samples were collected daily between 27 January 2005 and 1 February 2005, on 4 February 2005, 22 June 2005, 7 and 20 July 2005, and on 3August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Good. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):


DECISION ID	92019	Region 5
Berenda Creek (Madera County)

Pollutant:	Chlorpyrifos
Final Listing Decision:	List on 303(d) list (being addressed by action other than TMDL)
Last Listing Cycle's Final Listing Decision:	List on 303(d) list (being addressed by action other than TMDL)(2016)
Revision Status	Original
Sources:	Agriculture
Expected Attainment Date:	2026
Implementation Action Other than TMDL:	This water body segment-pollutant combination is being addressed through Basin Plan requirements established under CRWQCB-CVR resolution R5-2014-0041, and implemented through Board established Waste Discharge Requirements for agricultural discharges. The sources of chlorpyrifos to this segment have been identified as offsite movement of chlorpyrifos from chlorpyrifos applications by the agricultural dischargers regulated by the CRWQCB-CVR WDRs. The Basin Plan identifies numeric water quality objectives for diazinon and chlorpyrifos. The Basin Plan and WDRs require growers to implement management practices through the development and implementation of water quality management plans to meet water quality objectives for chlorpyrifos as soon as possible but no longer than ten years from the date of approval of the Basin Plan Amendment. These management plans are required to be developed and implemented within one year of the Basin Plan Amendment approval. Agricultural management practices to be implemented may include pest management practices, pesticide application practices, vegetation management practices and water management practices, all of which are effective in reducing offsite movement of chlorpyrifos into surface water. The Basin Plan and the Monitoring and Reporting programs in the WDRs require monitoring to determine if adequate reductions are being attained. The Basin Plan and WDRs require management practices to be iteratively improved through updates of the management plans until the water quality objectives are achieved.
Impairment from Pollutant or Pollution:	Pollutant

Regional Board Conclusion:	This water body - pollutant combination is being considered for removal from the 303(d) list under sections 2.2 and 4.11 of the Listing Policy. No new data or information was available for the 2014 cycle. Under section 4.11, 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. The evidence indicates that chlorpyrifos concentrations are not attaining the applicable water quality standards, but existing pollution control requirements, under State authority, are stringent enough to implement applicable water quality standards because the impairment is being addressed by an enforceable regulatory program, other than a TMDL, that is reasonably expected to result in attainment of the water quality standards within a reasonable, specified time frame. This conclusion is based on the staff findings that: 1. The data used satisfy the data quality requirements of section 6.1.4 of the Policy. 2. The data used satisfy the data quantity requirements of section 6.1.5 of the Policy. 3. Three of 6 available calculated 4-day average chlorpyrifos concentrations exceeded the 4-day average chlorpyrifos criterion. These exceedances occurred more than once every three years. 4. Two of 10 available 1-hour average chlorpyrifos concentrations exceeded the 1-hour average chlorpyrifos criterion. These exceedances occurred more than once every three years. 5. The sources of chlorpyrifos to this water body segment have been identified as offsite movement of chlorpyrifos from chlorpyrifos applications by the agricultural dischargers, who are regulated under enforceable Waste Discharge Requirements (WDRs). 6. In 2016, the Board adopted Resolution R5-2014-0041 establishing Basin Plan amendments that primarily address the regulation of agricultural pesticide runoff and discharges of diazinon and chlorpyrifos in the Central Valley which are implemented through Board established Waste Discharge Requirements for agricultural dischargers. The amendments established numeric water quality objectives for chlorpyrifos and a control program to ensure that the objectives will be attained within a reasonable, specified time frame. The Basin Plan and WDRs require growers to implement management practices through the development and implementation of water quality management plans to meet water quality objectives for chlorpyrifos as soon as possible but no longer than ten years from the date of approval of the Basin Plan Amendment. These management plans are required to be developed and implemented within one year of the Basin Plan Amendment approval. 7. Agricultural management practices to be implemented may include pest management practices, pesticide application practices, vegetation management practices and water management practices, all of which are effective in reducing offsite movement of chlorpyrifos into surface water. 8. The Basin Plan and the Monitoring and Reporting programs in the Boards WDRs require monitoring to determine if adequate reductions are being attained. The Basin Plan and WDRs require management practices to be iteratively improved through updates of the management plans until the water quality objectives are attained. 9. Pursuant to section 4.11 of the Listing Policy, no additional data and information are available indicating that standards are being met.

Regional Board Decision Recommendation:	After review of the available data and information described in the lines of evidence associated with this decision, the Regional Water Board determined that this water body and pollutant combination is still impaired and that it should be listed as being addressed by another regulatory program that is reasonably expected to result in attainment of the water quality standard within a reasonable, specified time frame because an alternative State regulatory program is in place which can be reasonably expected to result in attainment of the water quality standard within a reasonable, specified time frame.

State Board Review of Regional Board Conclusion and Recommendation:	The Basin Plan and WDRs require growers to implement management practices through the development and implementation of water quality management plans to meet water quality objectives for chlorpyrifos as soon as possible but no longer than ten years from the date of approval of the Basin Plan Amendment. These management plans are required to be developed and implemented within one year of the Basin Plan Amendment approval. 7. Agricultural management practices to be implemented may include pest management practices, pesticide application practices, vegetation management practices and water management practices, all of which are effective in reducing offsite movement of chlorpyrifos into surface water. 8. The Basin Plan and the Monitoring and Reporting programs in the Boards WDRs require monitoring to determine if adequate reductions are being attained. The Basin Plan and WDRs require management practices to be iteratively improved through updates of the management plans until the water quality objectives are attained. 9. Pursuant to section 4.11 of the Listing Policy, no additional data and information are available indicating that standards are being met.

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 92019, Chlorpyrifos	Region 5
Berenda Creek (Madera County)

LOE ID:

25496

Pollutant:

Chlorpyrifos

LOE Subgroup:

Pollutant-Water

Matrix:

Water

Fraction:

Total

Beneficial Use:

Warm Freshwater Habitat

Number of Samples:

Number of Exceedances:

Data and Information Type:

PHYSICAL/CHEMICAL MONITORING

Data Used to Assess Water Quality:

Ten water samples were collected from Berenda Creek in 2005 representing six calculated 4-day average chlorpyrifos concentrations and ten 1-hour average chlorpyrifos concentrations. Three of the six calculated 4-day average chlorpyrifos concentrations exceeded the 4-day average chlorpyrifos criterion of 0.015 ug/L. Two of the ten 1-hour average chlorpyrifos concentrations exceeded the 1-hour average chlorpyrifos criterion of 0.025 ug/L.

Data Reference:

Revised Draft of the 2007 Review of the Monitoring Data for the Irrigated Lands Regulatory Conditional Waiver Program

SWAMP Data:

Non-SWAMP

Water Quality Objective/Criterion:

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

Objective/Criterion Reference:

Water Quality Control Plan for the California Regional Water Quality Control Board Central Valley Region, Sacramento and San Joaquin River Basins. 4th ed

Evaluation Guideline:

California Department of Fish and Game Hazard Chlorpyrifos Criteria, for freshwater aquatic life protection: 0.015 ug/L as a 4-day average chlorpyrifos concentration, and 0.025 ug/L as a 1-hour average chlorpyrifos concentration, not to be exceeded more than once every three years.

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:

Water samples were collected from Berenda Creek at Avenue 17.5, west of Madera.

Temporal Representation:

Samples were collected daily between 27 January and 4 February 2005, and on 22 June, 7 July, 20 July, and 3 August 2005.

Environmental Conditions:

QAPP Information:

Data quality: Good. Monitoring was conducted in accordance with Central Valley Water Board Monitoring and Reporting Program (order number R5-2003-0826) requirements.

QAPP Information Reference(s):