Bay Protection and Toxic Cleanup Program - (BPTCP)
Toxic Hot Spot Cleanup Plans Hearing
NOTICE OF PUBLIC HEARING
Proposed Water Quality Control Policy for Guidance on the
Development of Regional Toxic Hot Spot Cleanup Plans
Tuesday, May 5, 1998 -- 10:30 a.m.
Balboa Bay Club
1221 West Coast Highway, Newport Beach, California
Monday, May 11, 1998 -- 10:30 a.m.
First-Floor Hearing Room
Paul R. Bonderson Building
901 P Street, Sacramento, California
NOTICE IS HEREBY GIVEN in accordance with Water Code Section 13147 that public hearings will be held by the State Water Resources Control Board (SWRCB) to seek comments regarding a proposed Water Quality Control Policy for Guidance on the Development of Regional Toxic Hot Spot Cleanup Plans. The purpose of the proposed Policy is to establish: (1) a definition for a toxic hot spot; (2) a ranking criteria for addressing toxic hot spot priorities in cleanup plans; and (3) the establishment of other measures necessary to facilitate cleanup plan completion. The proposed Policy represents Phase One in a three-phase process to adopt Regional Toxic Hot Spot Cleanup Plans and a consolidated Statewide Toxic Hot Spot Cleanup Plan to be submitted to the Legislature by June 30, 1999.
The proposed Policy will affect entities that discharge to the State's enclosed bays and estuaries and near coastal ocean waters and that are subject to regulation under the State's Porter-Cologne Water Quality Control Act.
BACKGROUND
In 1989, the California State Legislature established the Bay Protection Toxic Cleanup Program (BPTCP) to comply with the California Water Code, Division 7, Chapter 5.6, Sections 13390-13396.5. 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 prevent the creation of new toxic hot spots.
Water Code Section 13394 requires the development of Regional Toxic Hot Spot Cleanup Plans and a consolidated Statewide Toxic Hot Spot Cleanup Plan for submission to the Legislature by June 30, 1999. In order to make the development process more efficient the SWRCB is implementing a three-step process for adoption of the regional cleanup plans and the statewide cleanup plan.
In the first phase the SWRCB will consider the adoption of a policy outlining the toxic hot spot definition, a general criteria for assessment and priority ranking of toxic hot spots, as well as other factors needed for the consistent development of the cleanup plans. Phase Two will involve the final development and adoption of Regional Toxic Hot Spot Cleanup Plans by the Regional Water Quality Control Boards. In Phase Three the SWRCB will compile the Regional Toxic Hot Spot Cleanup Plans and adopt a consolidated Statewide Toxic Hot Spot Cleanup Plan.
KEY ISSUES
SWRCB staff has prepared a draft Functional Equivalent Document (FED) for the proposed Policy in compliance with the California Environmental Quality Act. The FED presents an analysis of the environmental issues and alternatives to be considered by the SWRCB in adopting the proposed Policy.
The key issues regarding the development of toxic hot spot cleanup plans can be grouped into three areas: a specific definition of a toxic hot spot, the ranking criteria to help assess and prioritize a toxic hot spot, and remediation and prevention strategies.
The issues that are addressed in the proposed Policy for each group are as follows:
Establishing Specific Definition for a Toxic Hot Spot
a. Legislative definition
b. Specific definition (defining candidate toxic hot spots and known toxic hot spots)
Ranking Criteria
a. Human health impacts
b. Aquatic life impacts
c. Water quality objectives
d. Areal extent of toxic hot spot
e. Pollutant source
f. Natural remediation potential
Cleanup and Prevention of Toxic Hot Spots
a. Methods
b. Treatment types
c. No remediation
d. Prevention of toxic hot spots
e. Sediment cleanup costs
f. Prevention strategies
g. Site specific variances
In addition, the proposed Policy addresses: (1) the mandatory requirements for Regional and Statewide Toxic Hot Spot Cleanup Plans and (2) other measures necessary to facilitate plan completion, including plan format and contents to achieve consistency Statewide.
RECEIPT OF DOCUMENT AND OTHER INFORMATION
The proposed Policy and the draft FED are bound together into one document. The document can be accessed through the Internet at the SWRCB's web site (http://www.waterboards.ca.gov). The document is also available at the SWRCB offices at 901 P Street in Sacramento, California. To receive a copy of the document through the mail, please call (916) 657-0671 and leave 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 document, or the public hearings.
SUBMISSION OF COMMENTS
All comments on the proposed Policy should be submitted post marked no later than May 11, 1998. To ensure timely adoption of the proposed Policy, interested parties are strongly encouraged to submit written comments in advance of the public hearings. All comments received will be considered by the SWRCB before adopting the proposed Policy.
Written comments may be summarized and additional materials may also be submitted during the hearings. Time limitations may be imposed on oral presentations at the hearings. 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
The proposed policy will be considered for adoption by the SWRCB at a Board Meeting after the hearing process is complete.
State legislation (SB 1320) 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 concurrently with the public review that begins with this notice. If, as a result of the peer review, it becomes necessary to convene additional public hearings, adoption of the proposed Policy may be delayed.
No decisions will be made at the public hearings regarding adoption of the proposed Policy. A summary of the hearing record will be presented to the SWRCB at a future Board Workshop and Board Meeting. Interested parties will be notified of the date, time, and location of those public meetings.
COURT REPORTER
A court reporter will record the oral comments made at the public hearings. Persons who desire a copy of the hearing transcripts must make their own arrangements with the court reporter.
PARKING AND ACCESSIBILITY
The hearing and public parking locations are indicated on the attached maps (not electronically available). The locations of the hearing are accessible to persons with disabilities.
/s/
Maureen Marché
Administrative Assistant to the Board
Date: March 5, 1998
