Cal. Code Regs. tit. 23 § 3006

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 3006 - Clear and Concise Summary of the Sediment Quality Provisions of the Water Quality Control Plan for Enclosed Bays and Estuaries of California Adopted by the State Water Resources Control Board on September 16, 2008 and Amended on April 6, 2011 and on June 5, 2018

On September 16, 2008, the State Water Resources Control Board (State Water Board) adopted Resolution No. 2008-0070 approving Part 1 of the Water Quality Control Plan for Enclosed Bays and Estuaries of California (Part 1). Part 1 was amended by the State Water Board on April 6, 2011 (Resolution No. 2011-0017). Part 1 was amended by the State Water Board on June 5, 2018 (Resolution No. 2018-0028), which retitled Part 1 to "Sediment Quality Provisions."

(a) As adopted on September 16, 2008, Part 1 includes two narrative sediment quality objectives and a program to implement the narrative objectives. The narrative objectives protect:

* Benthic communities for direct exposure to pollutants in sediment, and

* Human health from contaminants in fish tissue that bioaccumulate from the sediment up the food web

Part 1 describes how to interpret the narrative objectives and how to assess whether the narrative objectives have been attained. The program of implementation addresses:

* Stressor identification studies

* Monitoring ambient sediment quality

* Use of the sediment quality objectives as receiving water limits in Waste Discharge Requirements/National Pollutant Discharge Elimination System Permits

* Exceedance of receiving water limits

* Applicability of the sediment quality objectives to dredging activities

* Applicability of State Water Board Resolution No. 92-49 for cleanup actions and cleanup levels, and

* Development of site-specific sediment management guidelines

(b) the amendments to part 1, as adopted on april 6, 2011, modify the regulatory provisions of the previous part 1 to include the following:

* A narrative sediment quality objective that protects wildlife and resident finfish from both direct exposure to toxic pollutants in sediment and indirect exposure to pollutants in sediment that bioaccumulate up the food web

* A requirement to utilize ecological risk assessment to implement this narrative

* Additions to the glossary and supersession language to provide additional clarity

(c) The amendments adopted on June 5, 2018 include the following:

* A revised approach implementing the aquatic life--benthic community protection sediment quality objective to assess multiple stations that encompass a site based upon magnitude of response and percent of area of impact, in order to evaluate the need to list waterbodies as impaired and evaluate compliance with receiving water limits

* A revised approach implementing the sediment quality objective protecting human consumers from contaminants that bioaccumulate from sediment into tissue, applicable to organochlorine pesticides and polychlorinated biphenyls from sediment into sportfish

* Additions to the glossary and supersession language to provide additional clarity

Cal. Code Regs. Tit. 23, § 3006

1. New section containing concise summary of part 1 of the water quality control plan for bays and estuaries of California filed 1-5-2009; operative 1-5-2009 pursuant to Government Code section 11353 (Register 2009, No. 2).
2. Amendment of section heading, first paragraph and subsection (a) and new subsection (b) summarizing amendment to water quality control plan for enclosed bays and estuaries of California filed 6-8-2011; amendment approved by State Water Resources Control Board Resolution No. 2011-0017 on 4-6-2011; amendment approved by OAL pursuant to Government Code section 11353 on 6-8-2011 (Register 2011, No. 23).
3. Amendment of section heading and first paragraph and new subsection (c) summarizing amendments to water quality control plan for enclosed bays and estuaries of California filed 11-14-2018; amendments approved by State Water Resources Control Board Resolution No. 2018-0028 on 6-5-2018; amendments approved by OAL pursuant to Government Code section 11353 on 11-14-2018 (Register 2018, No. 46).