Section 3010 - Part 2 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California - Tribal and Subsistence Fishing Beneficial Uses and Mercury ProvisionsOn May 2, 2017, the State Water Resources Control Board (State Water Board) adopted Resolution 2017-0027, which approved "Part 2 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California -- Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions" (referred to as the Provisions).
(1) The Provisions provide a consistent regulatory approach by setting mercury limits to protect the beneficial uses associated with the consumption of fish.(2) The Provisions establish three new beneficial use definitions for use by the State Water Board and Regional Water Boards in designating Tribal Traditional Culture (CUL), Tribal Subsistence Fishing (T-SUB), and Subsistence Fishing (SUB) beneficial uses to inland surface waters, enclosed bays, or estuaries in the state. The Provisions do not designate any water bodies with these beneficial uses.(3) The Provisions establish one new narrative and four new numeric mercury water quality objectives for the reasonable protection of people and wildlife that consume fish and apply to inland surface waters, enclosed bays, and estuaries of the state that have any of the following beneficial use definitions: COMM, CUL, T-SUB, WILD, MAR, RARE, WARM, COLD, EST, or SAL with the exception of waters with site-specific mercury objectives.(4) The implementation provisions of the Provisions will be implemented through National Pollution Discharge Elimination System permits issued pursuant to section 402 of the Clean Water Act, water quality certifications issued pursuant to section 401 of the Clean Water Act, waste discharge requirements (WDRs) and waivers of WDRs, where any of the mercury water quality objectives apply. The implementation provisions pertaining to a particular beneficial use do not apply to dischargers that discharge to receiving waters for which a mercury or methylmercury total maximum daily load (TMDL) is established pertaining to the same beneficial use.Cal. Code Regs. Tit. 23, § 3010
1. New section summarizing adoption of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California -- Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions filed 6-28-2017; adopted by State Water Resources Control Board Resolution No. 2017-0027 on 5-2-2017; approved by OAL pursuant to Government Code section 11353 on 6-28-2017 (Register 2017, No. 26).1. New section summarizing adoption of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California - Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions filed 6/28/2017; adopted by State Water Resources Control Board Resolution No. 2017-0027 on 5-2-2017; approved by OAL pursuant to Government Code section 11353 on 6-28-2017 (Register 2017, No. 26).