Cal. Code Regs. tit. 23 § 2916

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 2916 - Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List

On September 30, 2004, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2004-0063 adopting the Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List (Policy) in accordance with California Water Code section 13191.3(a).

The Policy describes the process by which State Water Board and the Regional Water Quality Control Boards (Regional Water Board) will comply with the listing requirements of section 303(d) of the federal Clean Water Act. The objective of the Policy is to establish a standardized approach for developing California's section 303(d) list in order to achieve the overall goal of achieving water quality standards and maintaining beneficial uses in all of California's surface waters. Total Maximum Daily Loads (TMDLs) will be developed as needed for the waters identified under the provisions of the Policy.

The Policy outlines a weight of evidence approach that provides the decision rules for different kinds of data; an approach for analyzing data statistically; and requirements for data quality, data quantity, and administration of the listing process. Decision rules for listing and delisting are provided for: chemical-specific water quality standards; bacterial water quality standards; health advisories; bioaccumulation of chemicals in aquatic life tissues; nuisance such as trash, odor, and foam; nutrients; water and sediment toxicity; adverse biological response; and degradation of aquatic life populations and communities. The Policy also requires that situation-specific weight of evidence listing or delisting factors be used if available information indicates water quality standards are not attained or attained and the other decision rules do not support listing or delisting. The Policy requires schedules for TMDL development.

The Policy also provides direction related to:

1. The definition of readily available data and information.

2. Administration of the listing process including data solicitation and fact sheet preparation.

3. Interpretation of narrative water quality objectives using numeric evaluation guidelines.

4. Data quality assessments.

5. Data quality assessments including water body specific information, data spatial and temporal representation, aggregation of data by reach/area, quantitation of chemical concentrations, evaluation of data consistent with the expression of water quality objectives or criteria, binomial model statistical evaluation, evaluation of bioassessment data, and evaluation of temperature data.

On February 23, 2015, the State Water Resources Control Board adopted Resolution No. 2015-0005 amending the Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List. The amendment to the Listing Policy includes changes to the process by which data is solicited and assessed, and streamlines public participation and review process. The amendment also includes new information regarding the use of sediment quality objectives.

Cal. Code Regs. Tit. 23, § 2916

1. New section summarizing Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List, Resolution No. 2004-0063 adopted 9-30-2004 by the State Water Resources Control Board; approved by OAL and operative 12-13-2004 pursuant to Government Code section 11353; filed 12-13-2004 (Register 2004, No. 51).
2. Amendment to summary of Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List, Resolution 2015-0005 adopted 2-3-2015 by the State Water Resources Control Board; amendments approved by OAL pursuant to Government Code section 11353 and filed with the Secretary of State on 5-15-2015; operative 5-15-2015 (Register 2015, No. 20).