STATEWIDE WATER QUALITY CONTROL PLANS FOR INLAND SURFACE WATERS AND
ENCLOSED BAYS AND ESTUARIES
SWRCB adopted ISWP and EBEP.
EPA disapproved Plans due to:
- lack of performance goals for: (1)
reclaimed water dependent ephemeral streams, (2) natural water bodies
dominated by agricultural drainage, and (3) constructed agricultural
- lack of water quality objectives for all priority pollutants.
EPA promulgated National Toxics
Rule, which included standards for priority pollutants for the above
categories of water.
Court directs SWRCB to rescind plans, which leaves California in
noncompliance with 1987 amendments to Clean Water Act (CWA).
SWRCB begins process to develop new plans to avoid EPA promulgation of
water quality standards for California.
EPA approved objectives for acute and chronic toxicity contained in
original plans, with the exception of whole effluent chronic toxicity
testing. EPA did not accept "due diligence" provisions contained
in plan. Plans must address this concern and how the Toxicity
Identification Evaluation/Toxicity Reduction Evaluation (TIE/TRE) trigger
should be handled.
New plans must address trace metals objectives, appropriate averaging
periods, and how bioaccumulating chemicals should be regulated for aquatic
life. Risk levels, averaging periods, fish consumption value, and cancer
potency must be considered for human health effects.
PERMIT COMPLIANCE ISSUES
The new plans must also consider items such as (a) mixing zone strategy,
(b) calculation of effluent limitations, (c) compliance monitoring
requirements, (d) determination of compliance, and (e) compliance
Effluent dependent water bodies, "category (a)" water bodies
must have chemical specific water quality objectives as required by the
National Toxics Rule. Consideration should be given for new beneficial
uses and ecoregion objectives.
Natural water dominated by agricultural drainage, "category (b)"
waters, and constructed agricultural drains, "category (c)"
waters also must have numeric chemical specific water quality objectives
developed as required by the National Toxics Rule.
SWRCB must take into consideration local species and conditions in the
development of objectives for particular water bodies.
1987 CLEAN WATER ACT
Section 303(c)(2)(B) - Whenever a State
reviews water quality pursuant to paragraph (1) of this subsection, or
revises or adopts new standards pursuant to this paragraph, such State
shall adopt criteria for all toxic pollutants listed pursuant to section
307(a)(1) of this Act for which criteria have been published under section
304(a), the discharge or presence of which in the affected waters could
reasonably be expected to interfere with those designated uses adopted by
the State, as necessary to support such designated uses. Such criteria
shall be specific numerical criteria for such toxic pollutants. Where such
numerical criteria are not available, whenever a State reviews water
quality standards pursuant to paragraph (1), or revises or adopts new
standards pursuant to this paragraph, such State shall adopt criteria
based on biological monitoring or assessment methods consistent with
information published pursuant to section 304(a)(8). Nothing in this
section shall be construed to limit or delay the use of effluent
limitations or other permit conditions based on or involving biological
monitoring or assessment methods or previously adopted numerical criteria.
Plan Development Timeline
SWRCB proposed adoption schedule -
submittal to EPA by June, 1997
EPA promulgation schedule - Publish
final rule in November, 1995