Bay Protection and Toxic Cleanup Program - (BPTCP)
Consolidated Toxic Hot Spots Cleanup Plan
Thursday, June 3, 1999 -- 9:00 a.m.
First-Floor Hearing Room/Paul R. Bonderson Building
901 P Street, Sacramento
NOTICE IS HEREBY GIVEN in accordance with Water Code Section 13147 that a public hearing will be held by the State Water Resources Control Board (SWRCB) to seek comments regarding a proposed Consolidated Toxic Hot Spots Cleanup Plan (Consolidated Plan). The Consolidated Plan will affect entities who discharge to the State's enclosed bays and estuaries and near coastal ocean waters and are subject to regulation under the State's Porter-Cologne Water Quality Control Act. The purpose of the Consolidated Plan is to: (1) identify known toxic hot spots statewide, (2) rank known toxic hot spots, (3) characterize and describe actions already initiated and actions needed to remediate high priority sites, (4) present a range of cost to implement the remediation actions, (5) discuss the environmental benefits of remediation, and (6) discuss the need for establishing a toxic hot spots cleanup program.
No action will be taken by the SWRCB at the public hearing. The Consolidated Plan will be considered for adoption by the SWRCB at a Board Meeting after the hearing process is complete.
Health and Safety Code 57004 requires that the scientific portions of policies adopted by the SWRCB that have the effect of a regulation be reviewed by an external scientific peer review entity. This peer review will occur concurrent with the public review that begins with this Notice.
BACKGROUND
In 1989, the California State Legislature established the Bay Protection Toxic Cleanup Program (BPTCP) (Water Code Sections 13390 et seq.). The BPTCP has four major goals: (1) protect existing and future beneficial uses of bay and estuarine waters; (2) identify and characterize toxic hot spots; (3) plan for the prevention and control of further pollution at toxic hot spots; and (4) develop plans for remedial actions of existing toxic hot spots and prevention of the creation of new toxic hot spots.
Water Code Section 13394 requires the development of Regional Toxic Hot Spots Cleanup Plans (Regional Plans) and the Consolidated Plan for submission to the Legislature by June 30, 1999. The SWRCB has used a three-step process for development of the Consolidated Plan.
In the first phase, the SWRCB adopted the Water Quality Control Policy for Guidance on the Development of Regional Toxic Hot Spots Cleanup Plans on September 2, 1998 (Policy), which was approved by the Office of Administrative Law on November 9, 1998. The Policy outlined the toxic hot spots definition, general criteria for assessment and priority ranking of toxic hot spots, as well as other factors needed for the consistent development of the Regional Plans. Step Two involved the final development of Regional Plans by the Regional Water Quality Control Boards (RWQCBs) using the Policy. In the third and final step of the process, the SWRCB is compiling the Regional Plans and is considering adoption of the Consolidated Plan.
KEY ISSUES
SWRCB staff has prepared a draft Functional Equivalent Document (FED) for the proposed Consolidated Plan. The FED presents an analysis of the environmental and policy issues and alternatives to be considered by the SWRCB in adopting the Consolidated Plan. Issues regarding the specific definition used to identify toxic hot spots and the ranking criteria were addressed during the adoption of the Policy.
The following key issues are discussed in the FED for the Consolidated Plan:
- Authority and Reference for the Consolidated Plan
- Approaches for Consolidating and Compiling Regional Plans
- RWQCBs' Listing and Ranking of Toxic Hot Spots
- Removal of Locations from the List of Known Toxic Hot Spots
- Waste Discharge Requirements Guidance
- Implementation of Remediation at Identified Toxic Hot Spots
- Sources of Funds to Address Toxic Hot Spot Remediation
- Findings in the Consolidated Plan
- Environmental Setting at the Toxic Hot Spots
- Proposed Remediation Approach and Alternatives at Toxic Hot Spots
- Environmental Benefits of the Proposed Consolidated Cleanup Plan
- Potential Adverse Environmental Effects of the Proposed Consolidated Cleanup Plan
RECEIPT OF DOCUMENT AND OTHER INFORMATION
The draft FED and the Consolidated Plan are presented together in one document. The document can be accessed through Internet at the SWRCB's website (/bptcp/bptcp.html). The document is also available at the SWRCB Offices at 901 P Street in Sacramento. To receive a copy of the document through the mail, please call (916) 657-0671 and leave a voice mail message with your name and mailing address. You may also call this number to leave your name and telephone number if you have questions about this notice, the FED, or the public hearing.
SUBMISSION OF COMMENTS
All comments on the proposed Consolidated Plan should be submitted postmarked no later than 5:00 p.m. June 3, 1999. To ensure timely adoption of the Consolidated Plan, interested parties are strongly encouraged to submit written comments in advance of the public hearing. All comments received will be considered by the SWRCB before adopting the Consolidated Plan.
Written comments may be summarized and additional materials may also be submitted during the hearing. Time limitations may be imposed on oral presentations at the hearing. Persons with similar views are encourage to make joint presentations. Written comments should be submitted by mail or fax to:
Craig J. Wilson
Bays and Estuaries Unit
Division of Water Quality
State Water Resources Control Board
P.O. Box 944213
Sacramento, CA 94244-2130
Fax: (916) 654-8375
COURT REPORTER
A court reporter will record all the oral comments made at the public hearing. Persons who desire a copy of the hearing transcript must make their own arrangements with the court reporter.
PARKING AND ACCESSIBILITY
The hearing and public parking locations are indicated on the attached map (not available electronically). The location of the hearing is accessible to persons with disabilities.
/s/
Maureen Marché
Administrative Assistant to the Board
Date: April 2, 1999
Consolidated Toxic Hot Spots Cleanup Plan
Thursday, June 3, 1999 -- 9:00 a.m.
First-Floor Hearing Room/Paul R. Bonderson Building
901 P Street, Sacramento
NOTICE IS HEREBY GIVEN in accordance with Water Code Section 13147 that a public hearing will be held by the State Water Resources Control Board (SWRCB) to seek comments regarding a proposed Consolidated Toxic Hot Spots Cleanup Plan (Consolidated Plan). The Consolidated Plan will affect entities who discharge to the State's enclosed bays and estuaries and near coastal ocean waters and are subject to regulation under the State's Porter-Cologne Water Quality Control Act. The purpose of the Consolidated Plan is to: (1) identify known toxic hot spots statewide, (2) rank known toxic hot spots, (3) characterize and describe actions already initiated and actions needed to remediate high priority sites, (4) present a range of cost to implement the remediation actions, (5) discuss the environmental benefits of remediation, and (6) discuss the need for establishing a toxic hot spots cleanup program.
No action will be taken by the SWRCB at the public hearing. The Consolidated Plan will be considered for adoption by the SWRCB at a Board Meeting after the hearing process is complete.
Health and Safety Code 57004 requires that the scientific portions of policies adopted by the SWRCB that have the effect of a regulation be reviewed by an external scientific peer review entity. This peer review will occur concurrent with the public review that begins with this Notice.
BACKGROUND
In 1989, the California State Legislature established the Bay Protection Toxic Cleanup Program (BPTCP) (Water Code Sections 13390 et seq.). The BPTCP has four major goals: (1) protect existing and future beneficial uses of bay and estuarine waters; (2) identify and characterize toxic hot spots; (3) plan for the prevention and control of further pollution at toxic hot spots; and (4) develop plans for remedial actions of existing toxic hot spots and prevention of the creation of new toxic hot spots.
Water Code Section 13394 requires the development of Regional Toxic Hot Spots Cleanup Plans (Regional Plans) and the Consolidated Plan for submission to the Legislature by June 30, 1999. The SWRCB has used a three-step process for development of the Consolidated Plan.
In the first phase, the SWRCB adopted the Water Quality Control Policy for Guidance on the Development of Regional Toxic Hot Spots Cleanup Plans on September 2, 1998 (Policy), which was approved by the Office of Administrative Law on November 9, 1998. The Policy outlined the toxic hot spots definition, general criteria for assessment and priority ranking of toxic hot spots, as well as other factors needed for the consistent development of the Regional Plans. Step Two involved the final development of Regional Plans by the Regional Water Quality Control Boards (RWQCBs) using the Policy. In the third and final step of the process, the SWRCB is compiling the Regional Plans and is considering adoption of the Consolidated Plan.
KEY ISSUES
SWRCB staff has prepared a draft Functional Equivalent Document (FED) for the proposed Consolidated Plan. The FED presents an analysis of the environmental and policy issues and alternatives to be considered by the SWRCB in adopting the Consolidated Plan. Issues regarding the specific definition used to identify toxic hot spots and the ranking criteria were addressed during the adoption of the Policy.
The following key issues are discussed in the FED for the Consolidated Plan:
- Authority and Reference for the Consolidated Plan
- Approaches for Consolidating and Compiling Regional Plans
- RWQCBs\' Listing and Ranking of Toxic Hot Spots
- Removal of Locations from the List of Known Toxic Hot Spots
- Waste Discharge Requirements Guidance
- Implementation of Remediation at Identified Toxic Hot Spots
- Sources of Funds to Address Toxic Hot Spot Remediation
- Findings in the Consolidated Plan
- Environmental Setting at the Toxic Hot Spots
- Proposed Remediation Approach and Alternatives at Toxic Hot Spots
- Environmental Benefits of the Proposed Consolidated Cleanup Plan
- Potential Adverse Environmental Effects of the Proposed Consolidated Cleanup Plan
RECEIPT OF DOCUMENT AND OTHER INFORMATION
The draft FED and the Consolidated Plan are presented together in one document. The document can be accessed through Internet at the SWRCB's website (/bptcp/bptcp.html). The document is also available at the SWRCB Offices at 901 P Street in Sacramento. To receive a copy of the document through the mail, please call (916) 657-0671 and leave a voice mail message with your name and mailing address. You may also call this number to leave your name and telephone number if you have questions about this notice, the FED, or the public hearing.
SUBMISSION OF COMMENTS
All comments on the proposed Consolidated Plan should be submitted postmarked no later than 5:00 p.m. June 3, 1999. To ensure timely adoption of the Consolidated Plan, interested parties are strongly encouraged to submit written comments in advance of the public hearing. All comments received will be considered by the SWRCB before adopting the Consolidated Plan.
Written comments may be summarized and additional materials may also be submitted during the hearing. Time limitations may be imposed on oral presentations at the hearing. Persons with similar views are encourage to make joint presentations. Written comments should be submitted by mail or fax to:
Craig J. Wilson
Bays and Estuaries Unit
Division of Water Quality/State
Water Resources Control Board
P.O. Box 944213
Sacramento, CA 94244-2130
Fax: (916) 654-8375
COURT REPORTER
A court reporter will record all the oral comments made at the public hearing. Persons who desire a copy of the hearing transcript must make their own arrangements with the court reporter.
PARKING AND ACCESSIBILITY
The hearing and public parking locations are indicated on the attached map (not available electronically). The location of the hearing is accessible to persons with disabilities.
/s/
Maureen Marché
Administrative Assistant to the Board
Date: April 2, 1999