STATE WATER RESOURCES CONTROL BOARD MEETING
SACRAMENTO, CALIFORNIA
ITEM: 12
SUBJECT:
CONSIDERATION OF AN AMENDMENT TO RESOLUTION NO. 2000-015 REGARDING ADOPTION OF THE POLICY FOR THE IMPLEMENTATION OF TOXICS STANDARDS FOR INLAND SURFACE WATERS, ENCLOSED BAYS, AND ESTUARIES OF CALIFORNIA
DISCUSSION:
On
March 2, 2000, the State Water Resources Control Board (SWRCB), in Resolution
No. 2000-015, adopted a Policy for Implementation of Toxics Standards for
Inland Surface Waters, Enclosed Bays, and Estuaries in California
(Policy). The Policy establishes
implementation procedures for three categories of priority pollutant criteria
or water quality objectives. These are
priority pollutant: (1) criteria
promulgated by the U.S. Environmental Protection Agency (U.S. EPA) in the
National Toxics Rule (NTR) that apply in California; (2) criteria proposed by
U.S. EPA in the California Toxics Rule (CTR); and (3) water quality objectives
contained in Regional Water Quality Control Board (RWQCB) water quality control
plans (basin plans).
Under
Resolution No. 2000-015, the Policy is effective when it is approved by the
Office of Administrative Law and the CTR becomes effective. Implementation of the Policy is, therefore,
directly tied to the CTR.
Unfortunately, U.S. EPA has experienced delays in promulgating the CTR.
Another
U.S. EPA action could further delay the effective date of the Policy. Within the first two weeks of May 2000, the
“Alaska Rule” is expected to be implemented.
This rule which is being implemented by U.S. EPA pursuant to litigation
in the State of Alaska will modify 40 CFR Section 131.21(d) to provide that new
and revised water quality standards actions adopted by a state will not become
effective until approved by U.S. EPA.
Thus, if the CTR becomes effective after the Alaska Rule is promulgated,
the effective date of the Policy would be delayed. As a part of its review process, U.S. EPA must consult with the
U.S. Fish and Wildlife Service and National Marine Fisheries under the Federal
Endangered Species Act (ESA).
Completion of ESA consultation and U.S. EPA approval of the Policy may
take one to two years.
Priority pollutant criteria in the NTR and water quality objectives in RWQCB basin plans are currently in effect. Rather than delay implementation of the Policy for all priority pollutant criteria/objectives until the CTR is effective, the Policy can be made effective with respect to the existing NTR criteria and basin plan objectives upon approval of the Office of Administrative Law. By amending Resolution 2000-015 accordingly, the SWRCB and RWQCBs will have an implementation policy in place for at least some of the priority toxic pollutants upon Office of Administrative Law (OAL) approval. (OAL has until April 28, 2000 to approve or deny the Policy.) This should help the RWQCBs to move ahead with a consistent statewide approach to issuance of National Pollutant Discharge Elimination System permits and may help the SWRCB and RWQCBs to address some of the administrative appeals and lawsuits challenging permits issues by RWQCBs.
POLICY ISSUE:
Should
the SWRCB amend Resolution No. 2000-015 to provide that the Policy shall go
into effect with respect to National Toxics Rule priority pollutant criteria
that are applicable in California and priority pollutant water quality
objectives in RWQCB basin plans upon approval by the Office of Administrative
Law?
Staff
work associated with implementation of the Policy provisions can be
accommodated within existing budgeted resources at the SWRCB and RWQCBs.
RWQCB IMPACT:
All
RWQCBs.
STAFF RECOMMENDATION:
That
the SWRCB amends Resolution No. 2000-15 as follows:
1. Resolved No. 2 is deleted and replaced with:
“2.
Adopts the proposed Policy.”
2. New Resolved Nos. 3 and 4 are added and existing Resolved Nos. 3 through 7 are renumbered accordingly:
“3.
The Policy shall go into effect with respect to National Toxics Rule
priority pollutant criteria that are applicable in California and priority pollutant water quality objectives in
RWQCB basin plans upon approval by the Office of Administrative Law.”
“4. The Policy shall go into effect with
respect to California Toxics Rule criteria when the Policy is approved by the
Office of Administrative Law and the
California Toxics Rule becomes effective.”
_______________________________________________________________________________________________
STATE WATER RESOURCES CONTROL
BOARD DRAFT
RESOLUTION NO. 2000-
AMENDING RESOLUTION NO.
2000-015 REGARDING ADOPTION OF THE
POLICY FOR THE
IMPLEMENTATION OF TOXICS STANDARDS FOR INLAND
SURFACE WATERS, ENCLOSED
BAYS, AND ESTUARIES OF CALIFORNIA
WHEREAS:
1. On March 2, 2000, the State Water Resources Control Board (SWRCB), in Resolution No. 2000-015, adopted a Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Policy).
2. The Policy establishes implementation procedures for three categories of priority pollutant criteria or water quality objectives. These are priority pollutant: (1) criteria promulgated by the U.S. Environmental Protection Agency (U.S. EPA) in the National Toxics Rule that apply in California; (2) criteria proposed by U.S. EPA in the California Toxics Rule; and (3) water quality objectives contained in Regional Water Quality Control Board (RWQCB) water quality control plans (basin plans).
3. Under Resolution No. 2000-015, the Policy is effective when the Policy is approved by the Office of Administrative Law and the California Toxics Rule becomes effective.
4. U.S. EPA has experienced delays in promulgating the California Toxics Rule as a final rule.
5. Priority pollutant criteria in the National Toxics Rule and water quality objectives in RWQCB basin plans are currently in effect.
6. The SWRCB does not wish to delay implementation of the Policy with respect to applicable National Toxics Rule criteria and water quality objectives for priority pollutants.
THEREFORE BE IT RESOLVED THAT:
The
SWRCB amends Resolution No. 2000-015 as follows:
Resolved No. 2
is deleted and replaced with:
“2. Adopts the proposed Policy.”
New Resolved Nos. 3 and 4 are added and existing Resolved Nos. 3 through 7 are renumbered accordingly:
“3. The Policy shall go
into effect with respect to National Toxics Rule priority pollutant criteria
that are applicable in California and priority pollutant water quality
objectives in RWQCB basin plans upon approval by the Office of Administrative Law.”
“4.
The Policy shall go into effect with respect to California Toxics Rule
criteria when the Policy is approved by the Office of Administrative Law and
the California Toxics Rule becomes effective.”
The
undersigned, Administrative Assistant to the Board, does hereby certify that
the foregoing is a full, true, and correct copy of a resolution duly and
regularly adopted at a meeting of the State Water Resources Control Board held on
April 26, 2000.
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