HomeMy WebLinkAboutCVRWQCB - 2018 Triennial Review Menchaca, Clarissa
From: Bennett, Robin
Sent: Tuesday, September 4, 2018 1:09 PM
To: Menchaca, Clarissa
Cc: Snyder, Ashley; Gosselin, Paul; Mendoza, Louie; Raevsky, Cathy
Subject: FW: 2018 Triennial Review Project Prioritization Staff Report Available for Public
Comment
Attachments: final_2018_tr_wrkpin_process,pdf
FYI, a CVRWQCB announcement of the Triennial Review for the Sacramento River and San Joaquin River
Basins and Tulare Lake Basin.
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From: lyris@swrcb18.waterboards.ca.gov<lyris@swrcb18.waterboards.ca.gov>
Sent:Tuesday,September 4, 2018 11:39 AM
To: Bennett, Robin<RBennett@buttecounty.net>
Subject: 2018 Triennial Review Project Prioritization Staff Report Available for Public Comment
0011161000,
witer Boards
is This ia message from the California Regional Water Quality Control Board, Central
Valley (5).
Dear Stakeholders,.
Staff of the Central Valley Regional Water Quality Control Board will hold a workshop on the 2018 Triennial Review
during the 4-5 October 2018 Board meeting.The workshop will focus on proposed factors staff will use to help the Board
prioritize basin planning projects associated with the 2018 Triennial Review.Attached is the Proposed Project
Prioritization Factors Staff Report.A copy has also been posted to the Triennial Review webpage. The staff report
includes:
• Description of the proposed project prioritization method for prioritizing Triennial Review projects
• Project Fact Sheets
• Response to Comments from the 2018 Triennial Review Solicitation
The deadline for written comments regarding the proposed prioritization method is 5:00 p.m. on Thursday,4 October
2018. Comments may be submitted either by mail or electronically. Please submit comments to:
Walter Plachta
Central Valley Water Board
1685 E Street
Fresno, CA 93706
vva|ter.olachta@waterbVardsza.gnv
Interested persons will be provided the opportunity to present oral comments to the Board at the workshop. Oral
testimony will be limited in time by the Board Chair.
Additional information regarding the workshop can be found in the Notice of Public Workshop. If you are
aware of another individual or organization that may be interested in the workshop, please forward this
information to them. In addition, persons wishing to receive notifications regarding the Triennial Review can
subscribe to the electronic mailing list by selecting "Basin Plan Triennial Review for the Sacramento & San
Joaquin River Basins" and "Basin Plan Triennial Review for the Tulare Lake Basim" ontheCentralVa!leyVVater
Board website.
If you have further questions, please contact Walter Plachta at(559)445-5576 or send an email to
«va|ter.p[achto@waterbnards.ca.goy.
Thank you.
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2
2018 Joint Triennial Review
of the Water Quality Control Plans for the
Sacramento River and San Joaquin River Basins and Tulare Lake Basin
Proposed Project Prioritization Factors
4 September 2018
I. TRIENNIAL REVIEW PURPOSE
To meet requirements of Section 303(c)(1) of the Federal Clean Water Act and Section 13240
of the Water Code, the Central Valley Regional Water Quality Control Board (Central Valley
Water Board or Board) reviews the Water Quality Control Plans for the Sacramento River and
San Joaquin River Basins and the Tulare Lake Basin (Basin Plans) every three years. The
process is known as the Triennial Review. The Basin Plans are the foundation for the Central
Valley Water Board's water quality regulatory programs. The Basin Plans contain:
• Designated beneficial uses for both surface and ground water bodies in the three basins
that make up the Central Valley
• Water quality objectives to protect those beneficial uses
• Implementation plans that describe the actions necessary to achieve water quality
objectives
• Descriptions of the surveillance and monitoring activities needed to determine regulatory
compliance and assess the health of the Basins' water resources
II. TRIENNIAL REVIEW PROCESS
Each Triennial Review begins with a solicitation where the Board asks the public to propose
water quality issues that may need to be addressed with basin plan amendments. The Board
initiated the 2018 Triennial Review in June 2017 with a 45-day project solicitation. Board staff
included an information document with the solicitation that provided a status of the 2014
Triennial Review Workplan, as well as issues that have arisen since 2014.
The project solicitation notice was mailed to over 2,600 entities and emailed to over 1,300
entities. Public workshops to receive oral comments were held on 16 August 2017 in Fresno
and 23 August 2017 in Rancho Cordova. The 23 August workshop included a videoconference
link for public access through the Central Valley Water Board's office in Redding. The Central
Valley Water Board received 21 written comments during the public comment period. Board
staff prepared responses to all comments, and will use the comments to help develop a draft
2018 Triennial Review Workplan. In addition to the comments submitted during the comment
period, staff also considered comments submitted during other Board processes that raised
Basin Planning issues outside the scope of the referenced project. Appendix 1 of this report
includes the Board's responses to comments received during the solicitation process.
The next step in the process is to hold a discussion with the Board in October 2018 regarding
the criteria that Board staff will use to develop the draft 2018 Triennial Review Workplan (the
draft 2018 Triennial Review Workplan will be considered by the Board at a subsequent Board
meeting). The proposed prioritization criteria are in Section IV of this document. Stakeholders
and members of the public are encouraged to comment on these criteria at the October
workshop.
2018 Triennial Review-Project Prioritization -2- 4 September 2018
Please note that the October workshop will provide the public with an opportunity to discuss the
proposed prioritization criteria, not the final prioritized project list itself. The prioritized project
list will be part of the draft 2018 Triennial Review Workplan, which will be considered by the
Board at its December meeting. There will be another opportunity to comment on the draft 2018
Triennial Review Workplan before the Board considers the workplan in December.
After the Board adopts the 2018 Triennial Review Workplan in December, it will be used to
direct basin planning efforts over the next three years. Implementation depends upon the
Central Valley Water Board's program priorities, resources, and other mandates and
commitments. The draft 2018 Triennial Review Workplan will include an overview of the
proposed projects, project ranking, and available Board resources.
III. BASIN PLAN AMENDMENTS ADOPTED SINCE LAST TRIENNIAL REVIEW(2014)
Since the last Triennial Review(2014), the following basin plan amendments were adopted for
the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins or
Tulare Lake Basin and are now in effect:
• Amendment to Remove MUN in Twelve Constructed and/or Modified Water Bodies in
the Sacramento River Basin (R5-2015-0022)
• Amendment to Remove MUN and AGR from Groundwater Within the Tulare Lake Bed
(R5-2017-0032)
• Amendments to Reformat the Basin Plans (R5-2017-0106)
The following Basin Plan Amendments for the Water Quality Control Plan for the Sacramento
River and San Joaquin River Basins or Tulare Lake Basin have been adopted by the Central
Valley Water Board but are not yet fully approved and in effect:
• Control of Pyrethroid Pesticide Discharges (R5-2017-0057)
• Add Electrical Conductivity Water Quality Objectives in the San Joaquin River (R5-2017-
0062)
• Region-Wide MUN Evaluation Process in Agriculturally Dominated Surface Water
Bodies and Removing MUN from 231 Constructed or Modified Ag Drains in the San Luis
Canal Company District (R5-2017-0088)
• Amendments to Establish a Central Valley-wide Salt and Nitrate Control Program (R5-
2018-0034)
IV. POTENTIAL PROJECTS
Developing proposed projects began by identifying 19 broad issues that face the waters of the
Region. These issues include those that were identified in previous Triennial Reviews and new
ones. A list of these broad issues is included in Table 1.
2018 Triennial Review—Project Prioritization -3- 4 September 2018
Table 1
Basin Planning Issues Identified During the 2018 Joint Triennial Review
Affected Basin
Issue Issue Name Sacramento Tulare Lake
Number RiverlSan Basin
Joaquin River
Basin
1 Salt and Nitrate Management for Surface and Ground X X
Waters
2 Beneficial Use Designations for Surface and Ground X X
Waters
3 Appropriate Beneficial Use Designations in Agriculturally-
dominated Water Bodies and Agricultural Conveyance X X
Facilities
4 Regulatory Guidance to Address Water Bodies X X
Dominated by NPDES Discharges
5 Participation in State Water Board Plans and Policies X X
and Other Statewide Issues
6 Secondary Maximum Contaminant Levels (MCLS) as X X
Water Quality Objectives for Surface and Ground Waters
7 Protection of Central Valley Fisheries and Other Aquatic X X
Life
8 Evaluating Current United States Environmental X X
Protection Agency(USEPA) Criteria
9 Prospective Incorporation by Reference of the Maximum X X
Contaminant Levels in the Basin Plans
10 Updating the Basin Plans X X
11 Diurnal Variations in Water Quality and the Effect to X X
Water Quality Objectives
12 Naturally Occurring Background Conditions X X
13 2021 Triennial Review X X
14 Implementation of the Delta Strategic Work Plan X
15 Pesticide Control Efforts X X
16 Mercury Load Reduction Program X
17 Battle Creek(Sedimentation Impacting Endangered X
Species)
18 Pit River(Reassess Beneficial Uses and Water Quality X
Objectives in Specific Reaches)
19 Clear Lake Nutrients X
Twenty-six proposed projects were developed to help address some of these broad issues.
These projects will be proposed to the Central Valley Water Board to guide the Board planning
staff for the next three years. The project list includes projects that are already in progress, as
well as new projects. Note that some projects have elements currently being implemented, with
new project components being proposed. The projects are summarized in Table 2. Fact Sheets
for each proposed project are included in Appendix 2.
2018 Triennial Review—Project Prioritization -4- 4 September 2018
Table 2
Proposed Projects to Address Basin Planning Issues Identified During the 2018 Joint
Triennial Review
Project Issue Project Name Existing New
Number Number Project Project
Support for basin planning and implementation X
1 1 activities related to the proposed Salt and Nitrate
Control Program
2 2 Tribal Beneficial Uses X
3 2 Guidance for seasonal beneficial uses and diurnal X
variations
4 2 MUN in Oil Production Zones X
5 2 Basin Plan Amendment Work Plans under Irrigated X
Lands General Waste Discharge Requirements
6 2 Individual Beneficial Use Evaluation for West Squaw X
Creek
7 2 Individual Beneficial Use Evaluation for Grassland X
water supply channels
8 2 Individual Beneficial Use evaluation for Groundwater X
beneath Sulphur Bank Mine in Lake County
Appropriate Beneficial Use Designation in X X
9 3 Agriculturally-dominated Water Bodies and
Agricultural Conveyance Facilities
10 4 Evaluation of Effluent-dominated and Individual X
Water Bodies Dominated by NPDES Discharges
11 7 Temperature Criteria and Objectives _ X X
12 7 Dissolved Oxygen Objectives X X
13 8 Ammonia Water Quality Objectives X
Review of proposed United States Environmental X
14 8 Protection Agency(USEPA)Water Quality Criteria
and 304(a) Criteria
15 9 Re-evaluation of the prospective-incorporation-by- X
reference of the Maximum Contaminant Levels
16 14 Delta Nutrient Research Plan X
17 14 Fungicides and Herbicides X
18 15 Comprehensive Pesticides Control Program X
19 15 Pyrethroid Research Plan X
20 15 Sacramento and San Joaquin Rivers Organochlorine X
Pesticides Re-evaluation
21 16 Statewide Mercury Control Program for Reservoirs X
22 16 Central Valley Rivers Mercury Control Program X
23 16 Delta Methylmercury Control Program X
24 17 Watershed-based Plan Implementation and Update X
for Battle Creek
25 18 Reassessment of Beneficial Uses and Water Quality X
Objectives in Specific Reaches of the Pit River
2018 Triennial Review—Project Prioritization -5- 4 September 2018
Project Issue Project Name Existing New
Number Number Project Project
26 19 Implementation of Clear Lake Nutrient Control X X
Program
Development of Procedures to Define and X
27 12 Determine Naturally-occurring Background
Conditions
V. CENTRAL VALLEY WATER BOARD CORE BASIN PLANNING WORK
Central Valley Water Board staff also have core planning work that is on-going throughout the
year. It includes work related to statewide plans and policies, as well as routine basin planning
tasks such as non-regulatory updates to the Basin Plans and initiation of subsequent Triennial
Reviews. The effort required for this core work can be difficult to predict as statewide priorities
change. The following are State Board Plans and Policies under revision/development that
contribute to basin planning core work:
• Development of bacterial standards for Ocean and Inland Surface Waters;
• Biostimulatory Substances Project;
• Development of Cadmium Objective and Hardness Implementation Policy;
• Chlorine Residual Objectives and Implementation;
• Mercury TMDLs in Reservoirs;
• Revision of Nonpoint Source Implementation Policy;
• Updates of the Bay-Delta Plan;
• Procedures for Discharges of Dredged or Fill Materials to Waters of the State;
• Recycled Water Policy Amendments;
• Sediment Quality Objectives for Enclosed Bays and Estuaries;
• Toxicity Water Quality Control Plan Amendments; and
• Statewide Urban Pesticide Reduction
2018 Triennial Review—Project Prioritization -6- 4 September 2018
VII. PROPOSED PROJECT PRIORITIZATION PROCESS
To efficiently use Board resources, staff recommends prioritizing the 27 proposed projects. This
would ensure that staff time is spent on those issues and projects most important to the Board
and to the public. The proposed project prioritization criteria, below, would be used to evaluate
the projects:
Criteria Definition
Project Addresses Tribal Interests or While all Basin Planning Projects must be consistent with the
Specifically Addresses the Human Human Right to Water, certain projects specifically address this
Right to Water need in disadvantaged communities or in tribal communities
Projects that represent an Efficient Projects with resource commitments from other agencies and/or
Use of Board Resources stakeholders or that build upon existing studies or research
represent an efficient use of Board resources
Projects to Address Impediments to These projects modify Basin Plan provisions that may interfere
Water Recycling/Efficient with statewide goals of promoting water recycling, efficient water
Use/Integrated Water Management use, and integrated water management. Such projects may also
further SGMA implementation goals.
Projects that Complement Prior Certain projects may compliment the regulatory intent or
Work directives in separate Board-issued Orders or Basin Plan
Amendments
Projects of Special Stakeholder Projects of special importance due to their value to stakeholders,
Interest including federal agencies(including USEPA), State Agencies,
Local agencies, or NGOs
In addition, Staff propose to set aside a category of projects that would include those projects
that the Board has made a legally-enforceable regulatory commitment to completing or that the
Board deems, in its discretion, high-priority projects.
VIII. NEXT STEPS
Once input on the project prioritization process and criteria is received from the Board and
public during the October workshop and through written comments, staff will apply the criteria to
the list of projects in Table 2. Projects would then be placed into rankings that would be worked
on as resources allow.
The draft 2018 Triennial Review Workplan be prepared by staff after the October workshop that
will include a proposed prioritization of the projects. The draft 2018 Triennial Review Workplan
will be released for public comment prior to the December 2018 Board meeting. Staff will
respond to public comments, and the draft 2018 Triennial Review Workplan will be amended
based on public comment. The draft 2018 Triennial Review Workplan then will be presented to
the Board in December for consideration. The public will have an additional opportunity for oral
comment during the December Board meeting. The Central Valley Water Board may then adopt
the draft 2018 Triennial Review Workplan by resolution.
APPENDIX 1:
2018 TRIENNIAL REVIEW RESPONSE TO COMMENT
APPENDIX 1: RESPONSE TO COMMENTS
ON THE
2018 JOINT TRIENNIAL REVIEW OF THE WATER QUALITY CONTROL PLANS FOR THE
SACRAMENTO AND SAN JOAQUIN RIVER BASINS AND TULARE LAKE BASIN
This document summarizes comments pertaining to the 2018 Triennial Review(TR) of the
Water Quality Control Plan for the Sacramento River and San Joaquin River Basins and Tulare
Lake Basin (Basin Plans) received by the California Regional Water Quality Control Board,
Central Valley Region (Central Valley Water Board), and provides staff response to those
comments.
In this document comments are listed in chronological order and are referred to by number as
indicated in the following table. Comments 1-21 were submitted in response to the Notice of
August 2017 Public Workshops.
Comment Comment Submitted by Representative
# Date
1 3 July 2017 Dennis Fox Self
2 13 July 2017 Buffy McQuillen Federated Indians of Graton Rancheria
3 3 August Lysa Voight Sacramento Regional County Sanitation
2017 District
4 21 August Willy Hagge North Eastern California Water
2017 Association
5 28 August Noah Oppenheim/Regina Chichizola I Pacific Coast Federation of Fishermen's
2017 Bill Jennings Association& Institute for Fisheries
Resources 1 Save California's Salmon
California Sportfishing Protection
Alliance
6 30 August Debbie Webster Central Valley Clean Water Association
2017
7 30 August Donald lkemiya, Nicole Bell Kaweah Basin Water Quality
2017 Association, Kern River Watershed
Coalition Authority
8 30 August Ronda Lucas Modesto Irrigation District
2017
9 30 August Patrick Lewis O'Laughlin& Paris, LLP for the San
2017 Joaquin Tributaries Authority
10 30 August Steve Boyd Turlock Irrigation District
2017
11 30 August Matthew Mitchell United States Environmental Protection
2017 Agency, Region 9
12 31 August Bailey Hunter Tuolumne Me-Wuk Tribal Council
2017
Appendix 1: 2018 Triennial Review -1- 4 September 2018
Response to Comments
13 5 September Maria Rea United States Department of Commerce,
2017 National Oceanic and Atmospheric
Administration, National Marine
Fisheries Service
14 8 September Sarah Ryan Big Valley Band of Porno Indians
2017
15 8 September Karola Kennedy Elem Indian Colony
2017
16 8 September Robinson Rancheria Environmental
2017 Center
17 8 September Gary Riley United States Environmental Protection
2017 Agency, Region 9
18 15 September Rock Zierman California Independent Petroleum
2017 Association
19 11 October Mickey Gemmill Pit River Tribe
2017
20 24 October Agustin Garcia Elem Indian Colony
2017
21 20 April 2018 Wayne M.Whitlock Pillsbury Winthrop Shaw Pittman LLP on
behalf of Seneca Resources Corporation
Comments 22 to 24 were submitted during the consideration of the Amendments to Incorporate
a Central Valley-wide Salt and Nitrate Control Program (Resolution R5-2018-0034):
Comment Comment Submitted by Representative
Date
22 31 May 2018 Laura Rosenberger Haider Fresnans Against Fracking
23 31 May 2018 Elissa Caliman City of Sacramento on behalf of the
Sacramento River Source Water
Protection Program
24 31 May 2018 Melissa Thorme Downey Brand, LLP on behalf of Valley
Water Management Company
The following comments (25 to 30)were received as part of the 2014 Clean Water Act Section
303(d)/305(b) Integrated Report process (Resolution R5-2016-0083) but were forwarded to be
included in the Triennial Review process. The full comment letters are available at:
http://www.waterboards.ca.govlcentralvalley/water issues/tmdl/impaired waters list/index.shtm
Appendix 1: 2018 Triennial Review -2- 4 September 2018
Response to Comments
Comment Commenter from the 2014 Integrated Report Response to Comments
25 Shasta County Board of Supervisors—Pam Giacomini (Shasta County)
26 Steven Wooster page 2, paragraph 5-6; United States Forest Service page 1,
paragraph 5; William and Mary Crook Family(2) page 1, paragraph 5
27 Steven Wooster page 2, paragraph 5-6; United States Forest Service page 1,
paragraph 5;William and Mary Crook Family(2) page 1, paragraph 5
28 Central Sierra Environmental Resource Center(CSERC)
29 Central Sierra Environmental Resource Center(CSERC)
30 Fresno Metropolitan Flood Control District(FMFCD)
1 Dennis Fox, Bakersfield California
Mr. Fox provided several comments regarding water quality concerns that are not related to
basin planning actions. Staff addresses each of the comments below; although, the normal
procedure for questions, comments and suggestions is to email the Central Valley Water Board
at: info5@waterboards.ca.gov. Water quality complaints should be filed online through the
CaIEPA Environmental Complaint System at the following website:
https://calepacomplaints.secure.force.com/complaints/.
1A. Mr. Fox commented that South Shatter had privies adjacent to wells until this was
corrected by the USDA, not the County or the State.
The State Water Board Onsite Wastewater Treatment Systems (OWTS) policy
addresses this concern. (SWRCB 2012,) The OWTS policy encourages local agency
regulation and allows for Local Area Management Programs (LAMPs). Kern County
prepared a LAMP, which was approved by the Central Valley Water Board in June 2017.
The Kern County LAMP requires 100 feet of separation between a non-public water
supply well and a septic tank or disposal field. The Kern County Environmental Health
septic system setback requirements can be found at http://kernpublichealth.com/wp-
content/uploads/2016/03/Tvbical-Sewage-Design-Setbacks.pdf. They may also be
contacted by phone at(661) 321-3000.
1B. Mr. Fox suggested that the Board investigate the use of tamarisk to absorb the seepage,
containing asbestos and selenium, from New Idria Mine.
The Central Valley Water Board is always interested in innovative solutions to
addressing contaminants affecting the Region's waters. While tamarisk is known for
growing in salty environments, there is no indication that tamarisk will take up toxic
pollutants. Staff will stay updated on any studies on beneficial effects from tamarisk.
1C. Mr. Fox was concerned that the Carisso [Carrizo?] Plain is being used for marijuana
grows and is causing high groundwater concerns.
Appendix 1: 2018 Triennial Review -3- 4 September 2018
Response to Comments
The Central Valley Water Board appreciates the comment. The Carrizo Plain is located
in the jurisdiction of the Central Coast Water Board, Region 3. This comment has been
referred to Region 3.
1 D. Mr. Fox was concerned that the Bureau of Land Management was siting off-highway
vehicle usage in areas where silica is mined and Valley Fever is endemic.
The Central Valley Water Board is responsible for protecting the quality of the state's
waters in the Region. The Central Valley Water Board has taken enforcement action
where off-highway recreation has adversely impacted water quality (see Central Valley
Water Board Orders R5-2008-0713, R5-2009-0030, R5-2012-0700). The Bureau of Land
Management does not have any recreational areas within the southern San Joaquin
Valley and the Central Valley Water Board does not have any reports of water quality
impacts due to off-highway vehicle activities in the Arvin area. Concern may also be
voiced to the Kern County Environmental Health Department at(661) 321-3000.
1E. Mr. Fox noted that Atwell Island near Alpaugh is toxic and was fallowed but now it is
being flooded for waterfowl use so the recharge will exacerbate the problem.
Atwell Island, an area with shallow groundwater previously used for agricultural
production, has been retired from agricultural production, restored, and dedicated for
habitat restoration under the supervision of the U.S. Department of the Interior(DOI).
Prior to beginning the restoration process, the DOI performed baseline sampling of
shallow soil and groundwater. The DOI analyzed soil and groundwater for constituents
found naturally in area soils: salt, selenium, boron, molybdenum, and arsenic. The
results indicated that shallow soils have relatively low concentrations of selenium, with
some areas having moderate concentrations of boron. Boron was detected at elevated
concentrations in some of the subsoils.
For additional information regarding the Atwell Island habitat restoration, contact the US
Bureau of Reclamation. (USDOI 2005.)
1F. Farmersville and Lamont are two communities subject to flooding from poor watershed
management. Caliente Creek has been diverted and runs down the roads in Lamont. Clean
Water Act section 404 permits are not applicable. The Central Valley Water Board will need to
assure that dredge and fill activities do not cause adverse impacts to beneficial uses as well as
nuisance conditions.
Diversion and channeling of Caliente Creek upstream of Lamont and Arvin was
performed in the 1930s and 1940s, prior to the adoption of the Clean Water Act. The
actions are therefore not subject to 404 permit requirements nor Central Valley Water
Board dredge and fill regulation. Kern County is addressing this issue through a
Regional Water Management Group (RWMG). Kern County joined with other local
entities to form a RWMG and collaboratively manage water resources in the Kern
Region. The RWMG developed an Integrated Regional Water Management Plan
(IRWMP). The RWMG has overseen projects that address community flooding, for
example the RWMG submitted a grant application to address flooding of Sycamore
Road in Arvin (Kern IRMWP 2012b, Kern IRMWP 2012c, and DWR 2014)which was
funded. Kern County has identified the need for many projects across the County. This
includes the need to address Caliente Creek flooding (Kern IRWMP 2012a and
Bakersfield Californian 2017). Due to limited resources, projects must be prioritized so
Appendix 1: 2018 Triennial Review -4- 4 September 2018
Response to Comments
that the highest priority projects may be funded. The Caliente Creek flooding project has
yet to receive a high enough priority for the RWMG to request grant funding but remains
on the list of prioritized projects and may be funded if more resources become available.
1G. Mr. Fox was concerned that, in the upper watershed, fires have burnt houses and left
septic tanks and no one is addressing the water quality problems.
Mr. Fox's information is not specific enough to conduct an investigation. The Central
Valley Water Board investigates water quality complaints. If Mr. Fox has more specific
information, he should file a complaint with the Kern County Environmental Health
Department at(661) 862-8740 or online through the CaIEPA Environmental Complaint
System at the following website:
https://calepacomplaints.secure.force.comlcomplaintsl
1 H. Mr. Fox reported that septage was discharged to Robinson Cove at Isabella.
Mr. Fox's information is not specific enough to conduct an investigation. The Central
Valley Water Board is responsible for protecting the quality of the state's waters in the
Region; however, the Board has no information on septage discharges into Lake
Isabella. The Central Valley Water Board investigates water quality complaints. If Mr.
Fox has more specific information on septage discharges, he should file a complaint
online through the CaIEPA Environmental Complaint System at the following website:
https:llcalepacomplaints.secure.force.comlcomplaintsl
11. Mr. Fox reported that waste dumping is occurring at Buttonwillow and the Kern River
east of Bakersfield and waste can be seen seeping into the Kern River.
Mr. Fox's information is not specific enough to conduct an investigation. The Central
Valley Water Board is responsible for protecting the quality of the state's waters in the
Region; however, the Board has no information on wastes that have been
inappropriately discharged into the Kern River. The Central Valley Water Board
investigates water quality complaints. If Mr. Fox has more specific information on
septage discharges, he should file a complaint online through the CaIEPA Environmental
Complaint System at the following website:
https:llcalepacomplaints.secure.force.comlcomplaintsl
1J. Mr. Fox was concerned that arsenic is not being addressed because it is being
described as naturally occurring in the environment when it is due more to its use as a cotton
defoliant.
The Central Valley Water Board regulates waste discharges to surface and groundwater
associated with irrigated agricultural lands. This program regulates discharge of any
pollutants by agriculture that may degrade water quality. There is no need to change the
Basin Plan to regulate arsenic discharges. This comment will be provided to irrigated
lands program staff.
1K Marijuana is associated with illegal chemical use and containers tossed into streams.
When prosecuted, the District Attorneys do not necessarily require cleanup of the waste at the
Appendix 1: 2018 Triennial Review -5- 4 September 2018
Response to Comments
grows. The Central Valley Water Board should coordinate with the District Attorneys to identify
the locations of these sites.
Mr. Fox's information is not specific enough to conduct an investigation The Central
Valley Water Board requires cleanup and abatement of waste discharges that create or
threaten to create conditions of pollution and nuisance. (Wet. Code § 13304.) The Board
has developed a Cannabis Cultivation program to address water quality impacts from
legal cannabis cultivation activities and target enforcement actions. If Mr. Fox has more
specific information on illegal chemical use or disposal, he should file a complaint online
through the CaIEPA Environmental Complaint System at the following website:
https://calepacomplaints.secure.force.com/complaints/
1 L. Mr. Fox was concerned that hard rock mining left legacy ores in the environment such as
the lead left at the Black Bob silver mine at Wind Wolves Condor Park.
The U.S. Forest Service was the lead regulatory agency for cleanup and closure of the
Black Bob Mine. The Forest Service hauled away the tailing piles of waste from the mine
site and it no longer poses a threat to the local preserve or the environment in general.
Please contact the Forest Service at(559) 297-0706 for more information.
2. Buffy McQuillen, Tribal Heritage Preservation Officer, Federated Indians of Graton
Rancheria
2A. The Tribal Heritage Preservation Office staff has reviewed the project information. Based
on the project details, the Tribe does not have any comments to provide at this time.
The Board thanks the Tribe for participating in the Triennial Review Process.
3. Lysa Voight, Sacramento Regional County Sanitation District
3A. in general, the Sacramento Regional County Sanitation District agrees with the identified
priority issues listed in the Triennial Review. For each of the listed issues on Attachments 1 and
2, they encourage the continued use of robust and collaborative stakeholder processes, the use
of sound science in making policy decisions, and the use of fair funding principles and
mechanisms.
The Central Valley Water Board appreciates the support of the Sacramento Regional
County Sanitation District and thanks the District for participating in the stakeholder
efforts associated with Basin Planning activities.
3B. The Sacramento Regional County Sanitation District supports Regional Board's
participation in the items listed under Issue 5 and recommends using a holistic approach when
addressing beneficial use impairments caused by a combination of contaminants and/or flow;
perform a use attainability analysis when evaluating the ability to achieve water quality
supportive of uses and when evaluating actions to improve water quality, and focus on
addressing major sources of contaminants and allow exclusion of di minimis sources from
control programs where it can be shown no environmental benefit it gained.
Issue No. 5 from the 2014 Work Plan is participation in development of State Water
Board Plans and Policies. Going forward, participation in the development of State
Appendix 1: 2018 Triennial Review -6- 4 September 2018
Response to Comments
Board plans and policies will be considered core work for the Central Valley Board and
will no longer be included in the Triennial Review Work Plans as a standalone project.
The Central Valley Water Board appreciates the support from the Sacramento Regional
County Sanitation District.
The Central Valley Water Board appreciates the suggestions from the Sacramento
Regional County Sanitation District. The Board follows all applicable federal and state
laws and regulations when amending the basin plans, developing programs to address
water quality impairments, and writing permits. It is the intent of the Central Valley Water
Board not to require unnecessary expenditures and to provide flexibility when
appropriate.
3C. The Sacramento Regional County Sanitation District recommends that the Regional
Board use the State Water Board's Phase 2 report, "Working Draft Scientific Basis Report for
Flow Requirements on the Sacramento River, its Tributaries, East-Side Tributaries to the Delta,
Delta Outflow, and Interior Delta Flows" in making important management and policy decisions
for protecting the Delta Ecosystem.
The Central Valley Water Board appreciates the recommendation. The Water Board
considers all relevant information when making policy decisions and the public process
such as this triennial review offers the opportunity to interested persons such as the
Sacramento County Regional Sanitation Districts to bring forth any relevant information
that the Board can utilize.
3D. The Sacramento Regional County Sanitation District recommends that the Thermal Plan
be updated with any methodology and associated criteria resulting from the Regional Board's
contracts for deriving temperature ranges appropriate for Central Valley waterways to protect
anadromous salmonids. In addition, the Sacramento Regional County Sanitation District
recommends that a stakeholder process be initiated for the project under development.
The goal of the on-going work is to develop specific water temperature criteria for
anadromous salmonids native to the Central Valley region. The Thermal Plan is
generally protective of all beneficial uses and not just salmonid use. The on-going
studies would not be expected to result in the need to modify the Thermal Plan.
However, if the on-going project indicates that revisions to the Thermal Plan are
necessary to provide appropriate protection for salmonids, the Central Valley Water
Board will provide recommendations to the State Water Board.
The Central Valley Water Board is committed to the stakeholder process. The schedule
and scope of the current contracted temperature studies do not lend themselves to
stakeholder involvement. However, the Board will continue to look for ways to involve
the stakeholders in the future should the project move forward as a basin plan
amendment (or with future projects to further develop criteria).
3E. The Sacramento Regional County Sanitation District supports the efforts of the Regional
Board to complete the Delta Nutrient Research Plan and recommends identification of funding
mechanisms to support related studies and the inclusion of new monitoring components in the
Delta Regional Monitoring Program as appropriate.
The Regional Water Board appreciates the support and has allocated resources towards
this effort. The Delta Nutrient Research Plan will be included for consideration by the
Appendix 1: 2018 Triennial Review -7- 4 September 2018
Response to Comments
Central Valley Water Board in the draft Work Plan for the Sacramento River and San
Joaquin River Basins. See Project Factsheet 16 for more information regarding the Delta
Nutrient Research.
3F. The Sacramento Regional County Sanitation District encourages the Regional Board to
develop variance and variance programs to provide regulatory flexibility to surface water
dischargers that can demonstrate that it is infeasible to meet water quality based effluent limits.
The Central Valley Water Board adopted a variance policy in 2014 that provides
regulatory flexibility to surface water dischargers that discharge non-priority pollutants
and a multiple discharger variance for salinity to allow dischargers to assist in the
development of a Central Valley-wide salt and nitrate control program. The recently
adopted basin plan amendments to incorporate a salt and nitrate control program
revises the multiple discharger variance to allow dischargers to assist in the
implementation of the salt and nitrate control program. The Water Board can consider
other multiple discharger variances for other constituents when appropriate information
is compiled and provided for Board consideration. The Water Board considers all
relevant information when making policy decisions and public processes such as this
triennial review offers the opportunity to interested persons such as the Sacramento
Regional County Sanitation District to bring forth any relevant information that the Board
can utilize.
4. Willy Hagge, North Eastern California Water Association
4A. The North Eastern California Water Association (NECWA) urges the RWQCB consider
dividing the Pit River into more reaches and to designate beneficial uses and establish water
quality objectives appropriate for different reaches of the Pit River.
The Central Valley Water Board is interested in assuring that beneficial uses are appropriately
designated and protected. Basin planning projects for the Pit River will be included for
consideration by the Central Valley Water Board in the draft Work Plan for the Sacramento
River and San Joaquin River Basins. See Project Fact Sheet 25 for more information regarding
Reassessment of Beneficial Uses and Water Quality Objectives in Specific Reaches of the Pit
River.
5. Noah Oppenheim I Regina Chichizola/ Bill Jennings, Pacific Coast Federation of
Fishermen's Association (PCFFA) & Institute for Fisheries Resources (IFR)/Save California's
Salmon (SCS)/California Sportfishing Protection Alliance (CSPA)
5A. The Pacific Coast Federation of Fishermen's Association (PCFFA) & Institute for
Fisheries Resources (IFR) / Save California's Salmon (SCS) /California Sportfishinq Protection
Alliance (CSPA) ask that Issue 7 (2014)from the last Triennial Review Process—Protection of
the Central Valley Fisheries and Other Aquatic Life—be elevated to the top issue to be
addressed through Basin Plan amendments, Clean Water Act section 303(d) listings, TMDLs,
unimpeded flow 1 assessments and other state and federal actions within the next three years.
Cold water fisheries, particularly their spawning and rearing, are the most sensitive beneficial
uses in most of the tributaries within the region. Therefore, improving water quality for fisheries
will also improve water quality conditions in general and, in turn, lead to improvements in
drinking water quality and greater recreational water contact uses. The tributaries that are the
most important to salmonids are Antelope, Battle, Big Chico, Butte, Clear, Cottonwood, Deer,
Appendix 1: 2018 Triennial Review -8- 4 September 2018
Response to Comments
Mill Creeks. These creeks have all experienced declines in habitat and water quality, particularly
temperature and sediment degradation, and dissolved oxygen, pH and turbidity impairments.
To address Issue 7 from the 2014 Triennial Review Work Plan several projects are
required, some of which are sequenced. The initial project to develop temperature
criteria will be included in the draft 2018 Triennial Review Work Plan for consideration by
the Central Valley Water Board. Subsequent projects will be prioritized based on the
results of the initial project and available resources. Issue 7 from the 2014 Triennial
Review Work Plan includes deriving water quality objectives that are protective of
Central Valley aquatic life including temperature and dissolved oxygen and was
identified as a high priority. The Board is currently working with UC Davis and UC Santa
Cruz to review existing literature to develop a methodology for deriving temperature
criteria appropriate for Central Valley anadromous salmonids. Appropriate temperature
criteria are needed to assess temperature data to identify temperature impairments. See
Project Fact Sheet 11 for more information regarding the development of temperature
criteria and objectives for the protection of Central Valley fisheries and other aquatic life.
Additional projects to protect aquatic life in Central Valley streams may be identified at
the conclusion of the current projects.
Issue 7 also includes dissolved oxygen projects that may benefit Central Valley aquatic
life. See Project Fact Sheet 12 for more information regarding the development of
dissolved oxygen objectives for the protection of Central Valley fisheries and other
aquatic life.
The Central Valley Water Board recognizes the importance of these tributaries as is
noted by the fact that the Board has identified each of these tributaries in the Basin Plan
with their own assigned beneficial uses.
6. Debbie Webster, Central Valley Clean Water Association
6A. The Central Valley Clean Water Association (CVCWA)thanks the Regional Board for,
and encourage its continued use of, stakeholder processes in developing any basin plan
amendments.
Support noted. The Board is committed to the continued use of stakeholder processes.
6B. The Central Valley Clean Water Association believes that the prospective incorporation
by reference of newly-adopted MCLs as water quality objectives presents significant issues of
concern for publicly-owned treatment works (POTWs) because the State Board's Division of
Drinking Water does not apply the factors in Water Code sections 13241 and 13240 to the
adoption of MCLs. The Regional Board should undertake the appropriate analysis as required
by Water Code sections 13241 and 13242 prior to incorporating newly-adopted MCLs into the
Basin Plans as water quality objectives.
Or, at the very least, the Regional Board should amend the Basin Plans to clarify that the newly-
adopted MCL for 1,2,3-Trichloropropane is not a water quality objective that has been
incorporated into the Basin Plans.
The prospective incorporation-by-reference of the Maximum Contaminant Levels
included in Title 22 of the California Code of Regulations as water quality objectives in
the Basin Plans will be included in the draft 2018 Triennial Review Work Plan for
Appendix 1: 2018 Triennial Review -9- 4 September 2018
Response to Comments
consideration by the Central Valley Water Board. See Project Fact Sheet 15 for more
information regarding prospective incorporation-by-reference of the Maximum
Contaminant Levels.
6C. While the Central Valley Clean Water Association supports the actions to address water
bodies dominated by NPDES discharges through the development of the Salinity Variance
Program and Salinity Exception Program, they believe those programs are limited only to
salinity constituents, and do not reach the core issue, which includes designating appropriate
beneficial uses, establishing objectives for those uses, and/or developing proper implementation
of the objectives as effluent limits. The Central Valley Clean Water Association encourages the
Central Valley Water Board to continue to work on approaches to ensure that effluent limitations
are set at a reasonable level for water bodies dominated by effluent discharges, particularly
through Basin Plan amendments that are similar to those recently adopted for agriculturally-
dominated water bodies.
The Board recognizes that variances are an interim measure to provide flexibility while
working towards appropriate water quality standards. The evaluation of effluent
dominated water bodies and individual water bodies dominated by NPDES discharges
will be include in the draft 2018 Triennial Review for consideration by the Central Valley
Water Board. See Project Fact Sheet 10 for more information regarding the evaluation of
water bodies dominated by NDPES discharges.
6D. Issue 11 of the 2014 Triennial Review Work Plan discusses the total maximum daily load
(TMDL) project to address mercury impairments in rivers within the Central Valley(Rivers Plan).
The Central Valley Clean Water Association remains interested in a program that ensures that
site-specific mercury objectives necessary to reasonably protect applicable beneficial uses are
developed for the entire Central Valley.
In May 2017 the State Board adopted statewide mercury water quality objectives, which
apply to inland surface waters and enclosed bays and estuaries with beneficial uses
associated with the consumption of fish by both people and wildlife. The statewide
mercury water quality objectives, as appropriate, will be used in the development of
mercury control programs for Central Valley waterbodies. The development a TMDL
project to address mercury impairments in Central Valley Rivers will be included in the
draft 2018 Triennial Review Work Plan for consideration by the Central Valley Water
Board. See Project Fact Sheet 22 for more information regarding mercury load
reductions in Central Valley Rivers. The Board will consider any submitted evidence that
demonstrates the need for site-specific objectives.
7. Donald Ikemiva/Nicole Bell, Kaweah Basin Water Quality Association, Kern River
Watershed Coalition Authority
7A. Recently the Central Valley Water Board adopted amendments to the Tulare Lake Basin
Plan and the Sacramento River and San Joaquin River Basin Plans to provide a process to
determine the appropriate level of protection of the MUN beneficial use, including the
introduction of limited municipal beneficial use in agriculturally dominated water bodies. The
Kaweah Basin Water Quality Association (KBWA) and the Kern River Watershed Coalition
Authority (KRWCA) recognize the importance of these amendments and support staffs work to
appropriately designate beneficial uses for agriculturally dominated surface water bodies.
Support noted.
Appendix 1: 2018 Triennial Review -10- 4 September 2018
Response to Comments
7B. The Kaweah Basin Water Quality Association and the Kern River Watershed Coalition
Authority believe that in many areas within the Tulare Lake Basin many water bodies are
ephemeral in nature and lack adequate flow for many beneficial uses to be realized. They
believe that appropriate designation is critical to the implementation of the 1LRP and that
appropriately defined beneficial uses enable coalitions to implement management plans and
utilize resources which appropriately reflect monitored water ways and exposure risks. The
Kaweah Basin Water Quality Association and the Kern River Watershed Coalition Authority
emphasize the importance of ongoing work by staff to appropriately define beneficial use
designations and should be considered high priority in future planning efforts.
The Central Valley Water Board is interested in assuring that beneficial uses are
appropriately designated including beneficial uses for ephemeral or intermittent streams.
The evaluation of beneficial use designations in water bodies within the Central Valley
Region will be included in the draft 2018 Triennial Review Work Plan for consideration
by the Central Valley Water Board. See Project Fact Sheet 9 for more information
regarding beneficial use designations in agriculturally dominated water bodies.
8. Ronda Lucas, Modesto Irrigation District
8A. The Modesto Irrigation District fully supports the Regional Board's pursuit of updated,
relevant scientific information upon which to base its future planning and regulatory efforts. The
scientific studies that are underway to address Issue 7, entitled "the protection of Central Valley
fisheries and other aquatic life," are necessary steps to establish scientifically credible,
defensible and effective temperature objectives for the San Joaquin River basin.
The Central Valley Water Board agrees that the most current scientific information
should be used to establish water quality objectives. The Board is currently working with
UC Davis and UC Santa Cruz to review existing literature to develop a methodology for
deriving temperature criteria appropriate for Central Valley anadromous salmonids. See
response to Comment 5A. The Board appreciates the support of Modesto Irrigation
District.
8B. The Modesto Irrigation District has established ongoing scientific efforts on the
Tuolumne River to identify and assess river temperatures and some of the effects of
temperature on native fish physiology assessing temperature ranges within which native,
Tuolumne River resident trout can accomplish their physiological activities. They have
concluded, as the Regional Board, that the current U.S. Environmental Protection Agency
(USEPA) tools, like the USEPA 2003 Criteria, are simply inapplicable with respect to Central
Valley fisheries due to the markedly different environmental conditions of the Central Valley.
The Central Valley Water Board has made no conclusions regarding the USEPA Region
10 temperature guidance'. In the absence of water quality objectives, the Board
considers the USEPA temperature guidance along with other information, as
appropriate, when assessing temperature data. The current project with UC Davis and
UC Santa Cruz to review existing literature to develop a methodology for deriving
temperature criteria is not an indication that the Central Valley Water Board has made
1 U. S. Environmental Protection Agency(USEPA). 2003. EPA Region 10 Guidance for Pacific Northwest
State and Tribal Temperature Water Quality Standards. EPA 910-8-03-002. Region 10 Office of Water,
Seattle,WA.
Appendix 1: 2018 Triennial Review -11- 4 September 2018
Response to Comments
any conclusions on what is or is not appropriate for Central Valley anadromous
salmonids. See response to Comment 5A.
8C. The Modesto Irrigation District encourages the Regional Board to institute transparent,
collaborative stakeholder processes in its Basin update planning process, including but not
limited to public workshops for the ongoing studies on this complicated and sometimes-
controversial topic. The Modesto Irrigation District will remain engaged and anticipates
dedicating its resources, as appropriate, to participate in and assist the Regional Board in
completing this work. The Modesto Irrigation District indicates that it would share its expertise
and resources as part of an advisory committee to address this subject, if one were to be
established. They believe these open and transparent stakeholder forums are best suited to
flesh out any next steps to further the scientific inquiry.
See responses to Comment 3D and 5A.
9. Patrick Lewis O'Laughlin & Paris, LLP for the San Joaquin Tributaries Authority
9A. The San Joaquin Tributaries Authority("SJTA") beseeches the Central Valley Regional
Water Quality Control Board to continue prioritizing the protection of Central Valley fisheries and
other aquatic life ("Issue 7") as a high priority issue in the 2018-2021 Triennial Review because
of need for appropriate criteria to protect beneficial uses.
The Central Valley Water Board agrees that protection of aquatic life in the Central
Valley is important. The protection of Central Valley fisheries and other aquatic life will
be included in the draft 2018 Triennial Review Work Plan for consideration by the
Central Valley Water Board. See Project Fact Sheets 11 and 12 for more information
regarding projects to develop water quality objectives for temperature and dissolved
oxygen to protect Central Valley fisheries and other aquatic life. See response to
Comment 5A.
9B. The San Joaquin Tributaries Authority would like to offer its support and resources to the
Regional Board and staff during its continued efforts to protect Central Valley fisheries and other
aquatic life. As the first study, currently underway, concludes and the second study commences,
the San Joaquin Tributaries Authority asks that the Regional Board create a transparent and
public technical advisory committee for Dr. Benjamin Martin's study. The San Joaquin
Tributaries Authority would like to participate as a member of the public technical advisory
committee, and believes the more stakeholder involvement in establishing a process for
determining the temperature criteria the better.
See answer to Comment 3D.
9C. The San Joaquin Tributaries Authority recommends that the Regional Board select one
river in from the Sacramento River Basin and one from the San Joaquin River Basin, in order to
develop and test the methodology developed for water temperature criteria.
The Central Valley Water Board appreciates the interest and recommendations from the
San Joaquin Tributaries Authority and will consider these recommendations in the
current project.
Appendix 1: 2018 Triennial Review -12- 4 September 2018
Response to Comments
10. Steve Boyd, Turlock Irrigation District(TID)
10A. The Turlock Irrigation District supports the efforts of the Central Valley Regional Water
Quality Control Board to derive temperature ranges appropriate for Central Valley waterways to
protect anadromous salmonids.
The Central Valley Water Board appreciates the support from Turlock Irrigation District
and is committed to the use of stakeholder processes.
10B. The reliance on the USEPA 2003 Guidance document ignores recent advances in the
study of fish physiology and adaptability to local temperature regimes.
The Central Valley Water Board strives to use current and fully reviewed science when
developing regulations and requirements. See response to Comment 5A.
10C. The Turlock Irrigation District is willing to share information and scientific studies they
have developed, in conjunction with the Modesto Irrigation District and the City and County of
San Francisco, to support the efforts.
The Central Valley Water Board thanks Turlock Irrigation District for providing
information and studies.
10D. The Turlock Irrigation District urges the formation of a Technical Advisory Committee to
assist in the process and would be willing to participate.
See answer to Comment 3D.
10E. The Turlock Irrigation District may be able to provide funding and staff time to aid the
RWQCB's development of appropriate temperature water quality criteria.
The Central Valley Water Board appreciates the offer of resources for the development
of appropriate temperature water quality criteria. Staff is proposing continuing work on
water quality criteria for temperature and staff will look into opportunities for greater
opportunities for stakeholder participation. Please see Project Fact Sheet 11 for more
information.
10F. The Turlock Irrigation District suggests that a test case be used to further the process.
They suggest the RWQCB select one river from the Sacramento River basin and one from the
San Joaquin River basin in order to test the methodology developed.
The Central Valley Water Board appreciates the interest and recommendations from the
Turlock Irrigation District. See response to Comment 9C.
11. Matthew Mitchell, United States Environmental Protection Agency, Region IX (USEPA)
11A. The USEPA believes that the REC-1 and REC-2 beneficial uses for the Grasslands
wetland water supply channels should be included in the 2018 Triennial Review.
Evaluation of beneficial uses for the Grasslands wetland water supply channels will be
included in the draft 2018 Triennial Review Work Plan for consideration by the Central
Appendix 1: 2018 Triennial Review -13- 4 September 2018
Response to Comments
Valley Water Board. See Project Fact Sheet 7 for more information regarding beneficial
use designations for Grasslands water supply channels.
11B. The USEPA believes that the Regional Board should provide an update on the
development of an amendment to clarify its use designation process which was intended to
resolve a tributary rule amendment that was previously disapproved by USEPA.
Since the USEPA's letter dated 26 May 2000, the Central Valley Water Board has
addressed the tributary rule concern and has revised beneficial uses as deemed
necessary through a basin plan amendment process. Therefore, the Board no longer
sees a need to amend the Basin Plans to provide additional description regarding
implementation of the tributary statement. Instead the Board staff will work with USEPA
to retract the previous disapproval regarding the tributary statement.
11C. The USEPA supports the development of water quality criteria for temperature as a high
priority issue.
Support noted.
11D. The USEPA supports research to address impairment to beneficial uses due to low
dissolved oxygen in the Old and Middle River as a high priority issue.
Addressing the low dissolved oxygen in the Old and Middle Rivers was identified as a
priority in the 2014 Delta Strategic Work Plan and work has been progressing on this
project. Evaluation of water quality objectives and addressing impairments related to
dissolved oxygen will be included in the draft 2018 Triennial Review Work Plan for
consideration by the Central Valley Water Board. Please see Project Fact Sheet 12 for
more information.
11E. The USEPA encourages further study on the sensitivity of all freshwater fish species to
salinity in the lower San Joaquin River and reverse salinity gradients that may contribute to a
confusing migration signal to salmonids.
The Central Valley Water Board relies on fisheries studies conducted by US Fish and
Wildlife Service, California Fish and Wildlife Service to provide scientific foundation for
fisheries impact. When the salinity control program for the Lower San Joaquin River is
reviewed (scheduled to be done by June 2027), we will also evaluate any available
information on "reverse salinity gradients" and their effects on freshwater fish species.
11F. The USEPA believes that the 2018 Triennial Review must include an explanation if the
State does not adopt new or revised criteria for parameters for which USEPA has published
new or updated Clean Water Act section 304(a) criteria recommendations.
The Central Valley Water Board agrees that the most current information should be used
to develop water quality objectives and the Central Valley Water Board must consider
the six factors listed in Water Code section 13241 when adopting objectives. These
factors are:
• Past, present, and probable future beneficial uses of water;
• Environmental characteristics of the hydrographic unit under consideration,
including the quality of water available hereto;
Appendix 1: 2018 Triennial Review -14- 4 September 2018
Response to Comments
• Water quality conditions that could reasonably be achieved through the
coordinated control of all factors which affect water quality in the area;
• Economic considerations;
• The need for developing housing within the region; and
• The need to develop and use recycled water.
Please see Project Fact Sheet 14 for more information regarding the evaluation of
current USEPA criteria as the basis for water quality objectives.
11G. The USEPA suggests that the RWQCB continue to evaluate its water bodies to ensure
that waters with early life stages of salmonids are protected due to a MUN beneficial use and
should proceed with a review of pentachlorophenol water quality criteria if it finds that salmonids
are present in waters that do not have MUN beneficial uses.
For waterbodies that are designated COLD, MIGR, or SPWN, but do not have MUN
designation, criteria for pentachlorophenol can be based on the narrative toxicity
objective included in the Basin Plan.
12. Bailey Hunter, Tuolumne Me-Wuk Tribal Council
12A. The Tuolumne Me-Wuk Tribal Council observed that there are few streams assessed for
pollutants in the geographic area that the Tuolumne Bank of Me-Wuk Indians traditionally and
culturally uses. Three of the four streams that were assessed (Sullivan Creek, Woods Creek,
and Curtis Creek) in Tuolumne County were high in E. coli. Likely many other streams in the
area are high in E. coli, but haven't been assessed.
In accordance with the Water Quality Control Policy for Developing California's Clean
Water Act Section 303(d) List (Listing Policy), the Water Boards evaluate all readily
available data and information to develop the section 303(d) list. The Central Valley
Water Board had access to the data for the indicated water bodies. Any stakeholder with
data that it wishes the Water Board to evaluate should submit the data to the California
Environmental Data Exchange Network (CEDEN)for future assessments. (SWRCB
2015) Guidance for data submittal to CEDEN can be found at
http://www.ceden.org/ceden submitdata.shtml.
12B. All of the reservoirs in Tuolumne County that were assessed were high in Mercury (Lake
Don Pedro, New Melones Lake, Tulloch Lake). This indicates that the streams flowing into these
reservoirs are likely high in mercury as well.
See response to comment 6D.
12C. The Tuolumne Me-Wuk Tribal Council is concerned with pollutants, such as E. coil and
mercury, in the streams and lakes in their area that may cause sickness in tribal members who
are using the water bodies to conduct important cultural activities such as gathering. The
Council hopes that the Central Valley Water Board can establish cultural beneficial uses on the
streams located in the area that the Tribe is traditionally and culturally associated with.
Evaluations of appropriate beneficial use designations for surface and ground waters will
be included in the draft 2018 Triennial Review Work Plan for consideration by the
Central Valley Water Board. See Project Fact Sheet 2 more information regarding the
designation of tribal beneficial uses.
Appendix 1: 2018 Triennial Review -15- 4 September 2018
Response to Comments
13. Maria Rea. United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service (NMFS)
13A. The United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service supports the development of temperature
criteria for the Central Valley that are protective of anadromous fishes. They believe that the
water quality objectives, as currently developed, do not adequately ensure that salmonids are
appropriately protected. The United States Department of Commerce, National Oceanic and
Atmospheric Administration, National Marine Fisheries Service supports the Board's efforts to
meet this requirement through the development of specific, numeric, and consistent temperature
objectives that protect existing beneficial uses for all Sacramento and San Joaquin Basin Rivers
that support Endangered Species Act-listed anadromous salmonids and green sturgeon.
Support noted.
13B. The United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service supports using USEPA Region 10 guidance
to develop numeric temperature standards to protect salmonid beneficial uses in the Central
Valley.
The Central Valley Water Board is working on a project to demonstrate a conceptual
method for deriving temperature ranges protective of Central Valley anadromous
salmonids in individual water bodies. The use of USEPA Region 10 guidance is being
evaluated as part of the project. See Response to comment 5A.
13C. The United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service supports the Board's efforts in the CWA
section 205(j) grant agreement with the University of California (U.C. Davis) and the Board's
contract with U.C. Santa Cruz to evaluate and determine appropriate temperature criteria. The
United States Department of Commerce, National Oceanic and Atmospheric Administration,
National Marine Fisheries Service would like to coordinate and offer technical expertise with the
Board in the development of appropriate water temperature criteria for the Central Valley.
The Central Valley Water Board appreciates the United States Department of
Commerce, National Oceanic and Atmospheric Administration, National Marine
Fisheries Service support and thanks NMFS for providing technical expertise in the
development of appropriate water temperature criteria by serving on the technical
steering committee. See response to comment 5A.
13D. The United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service suggests that the Board conduct an analysis
of the effect of target temperature objectives on listed fishes, rather than evaluate whether or
not proposed conditions are an improvement over current conditions.
At this time, there are no target temperature objectives nor are there any proposed
conditions. The Water Quality Control Plan for the Sacramento River and San Joaquin
River Basins has water quality objectives for temperature for the Sacramento River. The
current project evaluating temperature criteria may include recommendations that affect
the temperature objectives. Any proposed objectives must consider natural background
conditions and achievability.
Appendix 1: 2018 Triennial Review -16- 4 September 2018
Response to Comments
13E. The United States Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service recommends the Board consider expanding
the temperature analyses to include fall-run Chinook salmon and Essential Fish Habitat (EFH).
Support noted. Studies currently being done under executed contracts include fall-run
salmonid species in the analysis.
14. Sarah Ryan, Big Valley Band of Porno Indians
14A. The Big Valley Band of Porno Indians recommends that a high priority be given to the
inclusion of Tribal Tradition and Culture (CUL) and Tribal Subsistence Fishing (T-SUB)
beneficial uses in the Water Quality Control Plan for the Sacramento River and San Joaquin
River basin, and designating Clear Lake and its tributaries as where these beneficial uses
occur.
See response to Comment 12C.
14B. The Big Valley Band of Porno Indians has collected fish and shellfish for mercury
analysis of the tissue and are concerned over the continued exceedances of the water quality
objectives.
The Mercury Control Program for Clear Lake recognizes the extended time period
necessary to reduce historical contamination and specifies that fish should be collected
and analyzed every ten years to assess the effectiveness of the control program. The
Central Valley Water Board appreciates the Big Valley Band of Porno Indians providing
the data for the mercury analysis of fish tissue and will use the data to assess the control
program. If the Big Valley Band of Porno Indians continues to analyze mercury in fish
tissue, the Board would appreciate if the Tribe continued to share the data.
14C. The Big Valley Band of Porno Indians requests that the following existing WQOs and
their current data be reviewed as impairing existing beneficial uses for Clear Lake: pathogens,
toxicity, dissolved oxygen, and temperature.
• Pathogen data collected by the Lake County Division of Environmental Health and Big
Valley Band of Pomo Indians exceeded the water quality objectives for bacteria.
• Cyanotoxin levels, collected by Big Valley Band of Pomo Indians and Elem Indian
Colony, exceed suggested action level recommended by the Office of Environmental
Health Hazard Assessment(OEHHA) and Surface Water Ambient Monitoring Program
(SWAMP) trigger levels for recreational contact. (data provided).
• Data collected by multiple agencies over the last several years on Clear Lake, including
Big Valley Rancheria, California Department of Food and Agriculture (CDFA) and
California Department of Water Resources(CDWR), show extended periods of time
throughout the lake where dissolved oxygen (DO) is suppressed, leading to fish kills that
have been investigated by California Department of Fish and Wildlife and confirmed to
have dissolved oxygen as the culprit. June and July 2017 data collected by CDFA from a
site where Clear Lake meets Cache Creek was provided.
• Data collected by multiple sources on Clear Lake show that ambient lake water
temperatures continue to exceed the objectives delineated in the Basin Plan. Warm lake
summer temperatures have risen over the years in Clear Lake, becoming a factor in
Appendix 1: 2018 Triennial Review -17- 4 September 2018
Response to Comments
large fish kills. June and July 2017 data collected by CDFA from a site where Clear Lake
meets Cache Creek was provided.
The submitted data has been forwarded to the Integrated Report staff for assessment
during the next assessment cycle for the Central Valley. Future data should be
submitted to the California Environmental Data Exchange Network (CEDEN) to insure
inclusion as part of the assessment. Guidance for data submittal to CEDEN can be
found at http://www.ceden.org/ceden_submitdata.shtml.
14D. The Big Valley Band of Porno Indians asks that the Water Board provide evidence that
the existing WQO for pathogens is protective of REC-1.
The existing water quality objectives in the Basin Plans were adopted in 1975. At that
time, the US Environmental Protection Agency (1976) recommended use of fecal
coliform bacteria as an indicator of probable occurrence of waterborne pathogens for
recreational water quality, specifically as an indicator for Salmonella. USEPA provided
updated recommendations focused on E. coil in 1986, 2012, and 2017. In 2000, the
State Water Board began work on a project to propose statewide bacteria water quality
objectives to protect recreational users from the effects of pathogens in California's
water bodies using current scientific recommendations. The statewide process was
anticipated to supersede updated objectives adopted by the Central Valley Water Board
in 2002 (Resolution R5-2002-0150), so the associated approval process was
suspended. Proposed statewide bacteria objectives were released in January 2018 and
adopted on 7 August 2018 (SWRCB 2018). When the statewide objectives go into effect,
they will supersede the Central Valley Water Board's bacteria objectives to the extent of
any conflict.
15. Karola Kennedy, Elem Indian Colony
15A. The Elem Indian Colony recommends that a high priority be given to include the two
newly statewide adopted and approved Tribal Tradition and Culture (CUL) and Tribal
Subsistence Fishing (T-SUB) beneficial uses in the Sacramento River and San Joaquin River
Basin Plan and designating Clear Lake and its tributaries as where these beneficial uses occur.
They request that these not be delayed so that human health and practice of Tribal lifeways are
not impacted due to unnecessary continued exposure to toxins that are addressed within the
Basin Plan.
See response to Comment 12C.
15B. The Elem Indian Colony further requests that the CVRWQCB continue outreach to
Tribes who were historically and/or currently within all three basins in the 2018 Triennial Review.
They therefore request Tribal support to assist in gathering available quantitative and qualitative
data to advise the Basin Plan amendment processes for the two previously mentioned basins.
The CVRWQCB may also coordinate with California Tribes to identify funding for Tribal
engagement in updating Basin Plans.
The Central Valley Water Board appreciates the suggestion and offer to assist in
gathering data. The Board recognizes that the Basin Plan amendment process works
best with meaningful participation by tribes, stakeholders and other interested persons.
As the Board begins projects, the Board will seek to consult with California Native
American tribes that have indicated an interest in the Water Boards' projects. The Board
Appendix 1: 2018 Triennial Review -18- 4 September 2018
Response to Comments
will also provide opportunities for tribes to provide input throughout the process of
developing a basin plan amendment. As applicable, Board staff will coordinate with the
Tribes to secure funds that are available to support Tribal participation in basin planning
actions.
15C. The Elem Indian Colony would like guidance such as Early Tribal Consultation per
CEQA added to the Basin Plan.
The Central Valley Water Board offers consultation opportunity to all California Native
American Tribes that have requested notification consistent with Public Resources Code
section 21080.3.1. The Central Valley Water Board appreciates the need for tribal
consultation and engagement and strives to go beyond applicable statutes and
regulations by offering additional opportunities for tribal engagement with staff and the
Board. The State Water Board Office of Public Participation is planning to develop
guidance for the Water Boards on how to interact with Tribes including guidance on
implementing section 21080.3.1 of the Public Resources Code. The State Water Board
Office of Public Participation intends to consult with the Tribes to develop this guidance.
15D. The Elem Indian Colony is concerned that its membership has increased vulnerability
due to water quality of their potable water. They cite increasing problems faced by the 17 water
treatment systems that use Clear Lake as their source waters and serve 70% of Lake County
residents and visitors.
The Central Valley Water Board has identified excessive nutrients and mercury as
impairments in Clear Lake. Basin plan control programs and total maximum daily load
(TMDL) allocations have been adopted to address mercury and nutrients to attain the
water quality standards in Clear Lake. The Board has not received information regarding
other contaminants in Clear Lake. If the Tribe has water quality data for the Board to
consider, they can submit the data to the California Environmental Data Exchange
Network(CEDEN) (SWRCB 2015). Guidance for data submittal to CEDEN can be found
at
http:llwww.ceden.orglceden submitdata.shtmI.
15E. The Elem Indian Colony looks forward to assisting the Mercury Program and in
implementing the Plan in the future.
The Central Valley Water Board appreciates the Elem Indian Colony's assistance in
efforts to attain the water quality standards in Clear Lake.
16. The Robinson Rancheria Environmental Center
The Robinson Rancheria Environmental Center believes that Tribal cultural and traditional
resource use of Clear Lake and its tributaries should be included in the Basin Plan.
Comment noted. See response to Comment 12C.
17. Gary Riley, United States Environmental Protection Agency(USEPA), Region 9
The USEPA Region 9 requests the Water Board make de-designation of groundwater at the
Sulphur Bank Mercury Mine in Lake County for municipal and domestic water supply beneficial
Appendix 1: 2018 Triennial Review -19- 4 September 2018
Response to Comments
uses a high priority revision in the basin planning process. They have developed technical data
and analyses that they would be pleased to provide the Water Board.
The Central Valley Water Board appreciates the assistance of the USEPA. The
evaluation of beneficial uses of groundwater beneath the Sulphur Bank Mercury Mine in
Lake County will be included in the draft 2018 Triennial Review Work Plan for
consideration by the Central Valley Water Board. See project Fact Sheet 8 for more
information regarding the beneficial use designations of groundwater beneath Sulphur
Bank Mine.
18. Rock Zierman, California Independent Petroleum Association
18A. The California Independent Petroleum Association (CIPA) believes that protecting
beneficial uses of groundwater is the clear overarching purpose of a Basin Plan, calibrated by
subsequent amendments. Toward making collaborative progress, CIPA is pleased to provide
relevant data and technical information. The California Independent Petroleum Association is
also willing to explore sponsoring research to extract data from producers' responses to Central
Valley Water Board's (CVWB's) Water Code section 13267 letters.
The Central Valley Water Board appreciates the assistance of the California
Independent Petroleum Association.
18B. The California Independent Petroleum Association believes that the appropriate
designation of aquifers through Basin Plan Amendments (BPAs) is the#1 emerging priority.
With the State Water Resources Control Board's recent approval of the Tulare Lake Basin Plan
Amendment and attendant completion of CV-SALT'S projects, the Central Valley Water Board
now has a policy and program foundation upon which to build Basin Plan Amendments to
designate beneficial-use areas and de-designate areas where the water will not be a source of
drinking water or other beneficial uses. This enables us to focus limited resources on managing
water resources. Therefore, California Independent Petroleum Association members believe
this effort should be given a high priority when planning the uses of those limited resources.
Evaluation of ground waters in the Tulare Lake Basin with respect to oil production and
discharges will be included in the draft 2018 Triennial Review Work Plan for
consideration by the Central Valley Water Board. See project Fact Sheet 4 for more
information regarding evaluation of ground waters in the Tulare Lake Basin with respect
to oil production and discharges.
18C. The California Independent Petroleum Association is working with the Central Valley
Water Board and CV-SALTS for water quality protections that advance the beneficial uses of
petroleum produced water, such as appropriate recycling, groundwater recharge and
agricultural applications. This incorporates an accelerated Basin Plan Amendment process,
including reasonable accommodations for IND users that cannot feasibly meet objectives within
a specified time.
The Central Valley Water Board has adopted a Central Valley-wide Salt and Nitrate
Control Plan into both Basin Plans on 31 May 2018 (R5-2018-0034). These
amendments include policies associated with recycling.
The Board has convened an Oil Field Wastewater Reuse Expert Panel to provide
recommendations, guidance and opinions regarding use and application of oil field
Appendix 1: 2018 Triennial Review -20- 4 September 2018
Response to Comments
produced wastewater to irrigate crops for human consumption. Basin planning projects
may be recommended in the future to address food safety issues.
18D. The California Independent Petroleum Association supports the State Water Resources
Control Board and regional boards' initiative to advance and install as operational reality the
emerging statewide recycled water policy—essential to conserving water as a way of life.
The Central Valley Water Board appreciates the support of the California Independent
Petroleum Association as we develop basin plan amendments and implement the
Central Valley-wide Salt and Nitrate Control Program.
18E. As the Central Valley Water Board and CV-SALTS complete the Salt and Nitrate
Management Plan (SNMP) documents for San Joaquin Valley agriculture, California
Independent Petroleum Association members ask that the Triennial Plan logically builds on this
meticulous, science-based undertaking. We will work with staff to explore the extension of
coalitions to petroleum producers and adding boron management, as already cited in CVSALTS
mission. The California Independent Petroleum Association notes there are many concepts,
such as management zones and de-designation, in the SNMP documents that are productively
and directly applicable to IND users and petroleum.
Comment noted. Please see project Fact Sheet 1 for more information regarding salt
and nitrate management for surface and groundwaters.
19. Mickey Gemmill, Pit River Tribe
19A. The Pit River Tribe has concerns about proposed changes to the current COLD-
Freshwater Habitat designation for the Pit River. They believe the COLD- Freshwater Habitat
designation is appropriate. The Pit River Tribe formally requests participation and engagement
in basin planning investigations undertaken by the CVRWQCB.
The Central Valley Water Board has not initiated any project to change the COLD
beneficial use designation for the Pit River. A number of stakeholders have requested
the change so the Triennial Review work plan includes a project to re-evaluate the
beneficial uses of the Pit River as well as re-evaluate some of the water quality
objectives. Please see Project Fact Sheet 25 more information regarding the evaluation
of beneficial uses and water quality objectives in the Pit River.
If the Central Valley Water Board initiates a basin planning project, the Pit River Tribe
will be offered the opportunity to consult consistent with Public Resources Code section
21080.3.1. In addition to the consultation process in the Public Resources Code, the
Board will also provide opportunities for tribes to provide input throughout the process of
developing any basin plan amendment for the Pit River.
19B. The Pit River Tribe recommends the CVRWQCB make it a high priority to designate
"Tribal Cultural and Tradition (CUL), and Tribal Subsistence Fishing (T-SUB) beneficial uses for
the entire Pit River Watershed and its tributaries.
Comment noted. See response to Comment No. 12C.
19C. The Pit River Tribe recommends the CVRWQCB designate Commercial and
Sportfishing(COMM) beneficial uses for the entire Pit River Watershed and its tributaries.
Appendix 1: 2018 Triennial Review -21- 4 September 2018
Response to Comments
Comment noted. See Project Fact Sheet 2 for more information regarding the
evaluation of beneficial use designations.
19D. The Pit River Tribe formally requests participation and engagement in basin planning
investigations undertaken by the CVRWQCB.
The Pit River Tribe sent a letter to be notified of projects pursuant to Public Resources
Code section 21080.3.1 so the Pit River Tribe will be offered the opportunity to consult
consistent with the Public Resources Code. In addition to consultation, the Pit River
Tribe will also be given the opportunity to participate throughout the process of any
project to amend the Basin Plan.
19E. The Pit River Tribe further request that the Central Valley Water Board work directly with
the Tribe, to review historical information and engage in coordinated planning on any scientific
quantitative and qualitative data collected for the Pit River and its tributaries.
The Pit River Tribe will have the opportunity to share information during consultation or
during the public process of any basin plan amendment process.
19F. The Pit River Tribe requests CVRWQCB engage in basin wide studies and regional
program development for the protection of the cultural beneficial uses (identified below); to
develop water quality criteria for the protection of beneficial uses that are culturally important to
the Tribe.
1) Tribal Tradition and Culture (CUL): Uses of water that support the cultural,
spiritual, ceremonial, or traditional rights or LIFEWAYS of CALIFORNIA NATIVE
AMERICAN TRIBES, including, but not limited to: navigation, ceremonies, or
fishing, gathering, or consumption of natural aquatic resources, including fish,
shellfish, vegetation, and materials.
2) 2) Tribal Subsistence Fishing (T-SUB): Uses of water involving the non-
commercial catching or gathering of natural aquatic resources, including fish and
shellfish, for consumption by individuals, households, or communities of
California Native American Tribes to meet needs for sustenance.
The Central Valley Water Board agrees that designating beneficial uses must be done
with meaningful water quality objectives and/or implementation programs. The
evaluation of appropriate beneficial use designations will be included in the draft 2018
Triennial Review Work Plan for consideration by the Central Valley Water Board. Please
see Project Fact Sheet 2 for more information regarding tribal beneficial use
designations.
20. Agustin Garcia, Elem Indian Colony
20A. The Elem Indian Colony states that as a result of man's activities, the extent of the
naturally occurring contaminants is much greater than the pre-mining conditions in the
groundwater under the reservation.
If the Central Valley Water Board decides that it is a high priority to evaluate the
beneficial uses of groundwater beneath the Sulphur Bank Mercury Mine, staff will
evaluate all available information to make a recommendation to the Board. Staff
Appendix 1: 2018 Triennial Review -22- 4 September 2018
Response to Comments
complies with all applicable laws and regulations, including requirements and
recommendations for public participation, when conducting a basin planning project. The
Elem Indian Colony will be notified if the Board undertakes a basin planning project in
the vicinity of the Sulphur Bank Mercury Mine and the Colony will have the opportunity to
provide relevant information for the Board to consider.
20B. The Elem Indian Colony believes that de-designating the groundwater beneath the
reservation encroaches on the Tribe's reserved right to groundwater, a right they assert is
granted under the Winter's doctrine. Although they presently have water piped in as an interim
institutional control; however, they fully intend to use groundwater in the future. As new
technologies for water treatment are developed, use of the groundwater beneath the reservation
for municipal purposes is planned.
The Central Valley Water Board's designation of beneficial uses indicates the Board's
goal for water quality protection and does not relate to water rights or the availability or
use of the water for any particular purpose. The Board considers the factors listed in the
Sources of Drinking Water Policy (State Water Board Resolution 88-63) for designation
and de-designation of the municipal and domestic supply (MUN) beneficial use.
20C. The Elem Indian Colony believes the USEPA or the State cannot de-designate their
"federally reserved"waters.
Water Code section 13240 et. seq. specifies that the Central Valley Water Board adopt
water quality control plans that include the beneficial uses for water quality protection for
surface and ground water in the Central Valley. The Board's designation of beneficial
uses for water quality protection is not expected to affect any"federally reserved"
designations.
20D. The Elem Indian Colony believes that USEPA has made misleading statements in its
letter. Although USEPA has performed actions to mitigate the highest threats to human health
and the environment, USEPA has not conducted actions to reduce contaminant loading to the
lake.
The Water Board, along with other agencies, is working with USEPA to address the
Sulphur Bank Mercury Mine site. If the Central Valley Water Board decides that it is a
high priority to evaluate the beneficial uses of groundwater beneath the mine site,
remedial actions at the mine site will be considered in so far as the actions affect water
quality.
20E. The Elem Indian Colony contends that pre-mining groundwater flow systems consisted
of three main types of water constrained to a small area:
a. Upwelling geothermal (possibly represented today by deep groundwater wells and
wells drilled by geothermal prospectors;
b. Infiltrating rain water(represented by springs and shallow wells used by locals); and
c. A mixture of both a and b.
The post-mining groundwater also includes:
a. Acid rock drainage(ARD) issuing from mine waste rock and other materials; and
b. A mixture of ARD waters with previous three types.
Appendix 1: 2018 Triennial Review -23- 4 September 2018
Response to Comments
The Elem Indian Colony contends that unlike pre-mining waters, the post-mining waters have
been spread over a much larger geographic area contaminating the other three water types,
including surface waters of the Herman Impoundment as well as the lake. They believe that, as
a result of man's activities, the extent of naturally occurring contaminants is much greater than
pre-mining conditions.
If the Central Valley Water Board decides that it is a high priority to evaluate the
beneficial uses of groundwater beneath the Sulphur Bank Mercury Mine, staff will
evaluate all available information to make a recommendation to the Board. When
determining whether to designate or de-designate the municipal and domestic supply
(MUN) beneficial use, the Board considers the factors listed in the Sources of Drinking
Water Policy (State Water Board Resolution 88-63). The factors that the Board may
consider include natural or human caused contamination.
20F. The Elem Indian Colony believes that the remedies that USEPA is currently supporting
all rely on natural attenuation and will require geologic time to recover, if recovery occurs at all,
and the site will remain a significant contributor of mercury and other contaminants for quite
some time.
The Central Valley Water Board recognizes that this is a problem requiring a long term
solution. Staff is working with the USEPA Superfund Program to remediate the Sulphur
Bank Mercury Mine site and to implement the Basin Plan provisions. USEPA is expected
to address both (1) the ongoing releases from the terrestrial mine site and (2)the load of
total mercury that currently exists in the active lakebed sediment layer as a result of past
releases. For its part, The Board has established a TMDL for mercury in Clear Lake.
The TMDL assumes that the load reductions and fish tissue objectives will not be met
until USEPA reduces the loading from the Sulphur Bank Mercury Mine. USEPA has
agreed that their mine cleanup strategy will meet the TMDL load allocations.
21. Wayne Whitlock, Pillsbury Winthrop Shaw Pittman LLP on behalf of Seneca Resources
Corporation
21A. Petition for beneficial use de-designation of MUN and possibly AGR and basin plan
amendment for South Lost Hills Oilfield--Lower Tulare and Etchegoin Formations.
The evaluation of beneficial uses of groundwater in aquifers associated with oil and gas
production will be included in the draft 2018 Triennial Review Work Plan for
consideration by the Central Valley Water Board. Please see Project Fact Sheet 4 for
more information regarding beneficial use designations in oil production zones.
COMMENTS (22-24)WERE SUBMITTED DURING THE CONSIDERATION OF THE
AMENDMENTS TO INCORPORATE A CENTRAL VALLEY-WIDE SALT AND NITRATE
CONTROL PROGRAM(RESOLUTION R5-2018-0034)
•
22. Laura Rosenberger Haider, Fresnans Against Frackinct
Commenter sent an email to the Central Valley Water Board webmaster on 31 May 2018 with
the subject"comments." It is assumed that the comments were relating to the CV-SALTS Basin
Plan Amendments and accompanying Staff Report for which the Board was holding a public
hearing and considering adoption. It is not clear what the commenter is requesting and staff
Appendix 1: 2018 Triennial Review -24- 4 September 2018
Response to Comments
requested clarification. However, the commenter did not respond. Therefore, the following
comments and responses are staffs interpretation of the original email language.
22A. Commenter supports revision of language to read "significant salt increase."
It is unclear as to what language the commenter is referring to, but it is assumed that the
comment refers to similar language that is included in Appendix I (Summary Salt Control
Program with Examples) of the Staff Report. It appears in the section of Appendix I that
describes documentation needed to support selection of the Conservative Permitting
Approach. The language that was proposed for Board adoption reads:
"The assessment should assume that water quality objectives or numeric values
shall be met at the point of discharge, that is, without an allocation of assimilative
capacity in groundwater or use of a mixing zone in surface water or does not
cause or contribute to an excocdanco a significant salt increase in the receiving
water.",
which is consistent with the request from the Commenter. The language was adopted by
the Central Valley Water Board as proposed along with the Staff Report and the Basin
Plan Amendments. The amendments must be approved by the State Board, the Office
of Administrative Law, and USEPA prior to going into effect. USEPA's approval is solely
needed for the components relating to surface water subject to the federal Clean Water
Act. The groundwater components of the proposed Amendments are not under federal
jurisdiction and become effective after OAL approval.
22B. Commenter requests limits on boron, barium, strontium, arsenic, mercury, hexavalent
chromium, nickel, fluoride, lithium, aluminum, radium, and uranium, if not already regulated.
The Central Valley Water Board appreciates the comment. The Regional Board
works with the California Division of Oil, Gas, and Geothermal Resources
(DOGGR) to ensure that these, and over 200 others, do not impact the sources
of drinking water.
22C. Commenter would like the following constituents reduced to the Public Health Goals:
• Chromium hexavalent, aluminum, thallium almost to zero
• radium-226 to 0.05 mg/L
• radium-228 to .019 mg/L
• strontium-90 to 0.35 mg/L
• uranium to 0.43 (Zero is better if possible)
• fluoride to 1 mg/L
• mercury to .0012
• nickel to .012
The Central Valley Water Board appreciates the comment. The Board encourages
the commenter to participate in the MCL Review process through the State Water
Resource Control Board.
22D. Commenter would like to limit arsenic to close to 0 and aluminum to 0.6 mg/I.
Appendix 1: 2018 Triennial Review -25- 4 September 2018
Response to Comments
The Central Valley Water Board appreciates the comment. The Regional Board protects
drinking water through our Oil Field regulatory programs. The Board encourages the
commenter to participate in the MCL Review process through the State Water Resource
Control Board.
23. Elissa Callman, City of Sacramento on behalf of the Sacramento River Source Water
Protection Program
The Sacramento River Source Water Protection Program requested that the term "background
concentration" be defined.
The Central Valley Water Board appreciates the comment. A project focused on the
development of procedures to define and determine naturally-occurring background
conditions has been added to the Triennial Review for consideration.
24. Melissa Thorme, Downey Brand, LLP, on behalf of Valley Water Management Company.
Valley Water Management Company requested that boron be incorporated into the definition of
salinity under the Salt Management Control Program.
Boron was not included in the definition of salinity under the Salt Management Control
Program adopted by the Central Valley Water Board in May 2018. Scientific studies
would be required to support the inclusion of boron into the definition of salinity. In
addition, appropriate public participation, that would include agricultural stakeholders,
would be required before the Board could consider its inclusion. A boron management
strategy could then be developed for consideration by the Board.
COMMENTS(25-30)RECEIVED AS PART OF THE 2014 CLEAN WATER ACT SECTION 303(D)1305(a)
INTEGRATED REPORT PROCESS
25. Shasta County Board of Supervisors— Pam Giacomini (Shasta County)
25A. Integrated Report Shasta County Comment No. 1: Commenter requested information on
how data can be provided and requests can be made for re-evaluation of beneficial uses of the
Pit River.
See response to comment 19A.
26. Steven Wooster page 2, paragraph 5-6; United States Forest Service page 1, paragraph
5; William and Mary Crook Family(2) page 1, paragraph 5
26A. Integrated Report General Comment 9: Water Contact Recreation is not the appropriate
beneficial use to assess because these are small ephemeral creeks with limited swimming
areas. Stakeholders expressed the concern that Water Contact Recreation is not the
appropriate Beneficial Use to assess because the following water bodies are small ephemeral
creeks with limited swimming areas:
• Bell Creek
• Bull Meadow Creek
• Elbow Creek (unnamed tributary below Sheep Meadow)
Appendix 1: 2018 Triennial Review -26- 4 September 2018
Response to Comments
• Jawbone Creek
• Unnamed tributary to Jawbone Creek
• Niagara Creek
• Rose Creek
Evaluation of appropriate beneficial use designations for surface and ground waters will be
included in the draft 2018 Triennial Review Work Plan for consideration by the Central
Valley Water Board. See Project Fact Sheet 2 for more information regarding the evaluation
of beneficial uses.
27. Steven Wooster page 2, paragraph 5-6: United States Forest Service page 1, paragraph
5; William and Mary Crook Family (2) page 1, paragraph 5
27A. Integrated Report General Comment 10: Appropriate standards, risk assessment and
outreach are needed. Stakeholders expressed the concern that the evaluation guideline used
for fecal indicator bacteria (FIB) is not the most current guideline and recommended more
recent evaluation guidelines. In addition, stakeholders expressed concerns with using FIB as a
measurement of water-borne pathogens and thus an indicator of safe recreational water as the
correlation between FIB and waterborne pathogens has proven questionable and the need to
update the Basin Plan to incorporate more current science.
The Central Valley Water Board staff is working with the State Water Board to establish
statewide bacteria provisions, which include use of E. coli as the bacterial indicator. The
proposed statewide bacteria provisions are consistent with the National Recommended
Water Quality Criteria recommended by the US Environmental Protection Agency
(USEPA). The State Water Board recognized that the bacterial indicators are meant to
describe the probability of illnesses associated with exposure to fecal contamination as
measured by the indicator bacteria and the indicators do not necessarily cause illness
themselves. So, the State Water Board is proposing to include language to allow
regional water boards to amend their basin plan to add scientifically defensible site-
specific objectives using alternative indicators and/or methods for the protections of
Water Contact Recreation (REC-1) beneficial uses. (SWRCB. 2018. Section 5.2.7.)The
USEPA recommended water quality criteria identified possible alternative indicators that
are being investigated. (USEPA. 2012.) USEPA reviewed the recreational criteria in
2017 and concluded that none of the alternative indicators are ready to be used in place
of E. Coli as the indicator bacteria. (USEPA. 2018.)
28. Central Sierra Environmental Resource Center(CSERC), John Buckley
28A. Integrated Report the Central Sierra Environmental Resource Center Comment No. 2. "It
is also highly important that these streams are given a higher priority for TMDL establishment.
This is a precedent setting listing. It is likely that in future years with more testing being done,
there will be additional listings of creeks on public lands where livestock congregates and
contaminates water. The six streams on national forest land that are proposed to be listed with
this revision are proposed for the listing based upon data collected in 2009 and 2010. Yet the
Central Sierra Environmental Resource Center has Aqua Lab test data showing significant
numbers of violations from every year from 2009 to 2016 in local Stanislaus Forest streams in
areas where livestock presence occurs. With six additional years of water quality sampling
revealing the association between livestock presence and persistent violations of standards for
Appendix 1: 2018 Triennial Review -27- 4 September 2018
Response to Comments
pathogenic bacteria, it is inappropriate to wait more than a decade until 2027 to establish
TMDLs."
Because the Central Valley Water Board does not have enough resources to address all
impairments immediately, all identified impairments are divided into priority groups and
the Board addresses impairments as resources allow. When addressing impairments, if
a basin plan amendment is warranted, resource needs are included in the triennial
review work plan for the Board to prioritize.
29. Central Sierra Environmental Resource Center(CSERC), John Buckley
29A. Integrated Report Central Sierra Environmental Resource Center Additional Comments.
Several additional comments were provided related to ongoing grazing activities, US Forest
Service Management Activities, adequacy of the Bell, Eagle, Herring (BEH) Rangelands
Allotments Management Plan draft EIS, public health concerns, potential threatened and
endangered species concerns, and several studies conducted throughout California related to
grazing impacts in national forest lands that were published between 2011 and 2015. The
complete letter is at
http:/lwww.waterboards.ca.gov/centralvalley/water_issuesltmdllimpaired_waters_listlindex.shtml
If the Central Valley Water Board determines that development of a control program for
water bodies on forest service lands is a high priority, the Board staff will work with the
federal land managers to identify and implement land management practices that
provide reasonable protection of water quality standards. Basin plan control programs
are considered by the Board after appropriate opportunity for public participation.
30. Fresno Metropolitan Flood Control District, Daniel Rourke
30A. Integrated Report Fresno Metropolitan Flood Control District Comment No. 2.
Incomplete Assessment of Site Specific Conditions
Streams and rivers in the Central Valley are subject to low flow conditions in the summertime
periods, especially in the late summer when dam releases are lower. Slower moving water
tends to encourage algae growth, which in turn drives daily cycling of dissolved oxygen and pH.
When dissolved oxygen decreases overnight to minimum values in the morning, it can take into
the afternoon to recover dissolved oxygen and pH values. The Safe-to-Swim sample collection
targets beach areas where algal growth is encouraged by hydraulic conditions. If samples are
collected near the shore where stream velocities are lower and algae growth greater than mid-
stream, pH swings would be more significant. Moreover, the Basin Plan pH objectives are not
protective of a specific beneficial use and are intended to represent"healthy" conditions, when
in fact the definition of"healthy" can be site specific. The forthcoming Statewide Biointegrity
Policy is intended to address these very issues.
The Central Valley Water Board agrees that certain parameters vary by day or season
due to natural and healthy environmental conditions. Water quality objectives for these
parameters may not appropriately represent these conditions. The investigation of
diurnal and seasonal variations in water quality and the effect on water quality objectives
will be included in the draft 2018 Triennial Review for consideration by the Central Valley
Water Board. Please see Project Fact Sheet 3 for more information regarding seasonal
beneficial uses and water quality objectives.
Appendix 1: 2018 Triennial Review -28- 4 September 2018
Response to Comments
ACRONYMS USED
CEDEN - California Environmental Data Exchange Network
COLD- Cold Freshwater Habitat Beneficial Water Use
CUL- Tribal Tradition and Culture Beneficial Water Use
CV-SALTS- Central Valley Salinity Alternatives for Long-Term Sustainability
ILRP- Irrigated Lands Regulatory Program
1ND - Industrial Service Supply Beneficial Water Use
IRMWP- Integrated Regional Water Management Plan
LAMP - Local Area Management Program
MCL- Maximum Contaminant Level
MUN - Municipal and Domestic Supply Beneficial Water Use
NPDES - National Pollution Discharge Elimination System
OWTS - Onsite Wastewater Treatment Systems
POTW- Publicly-owned Treatment Works
RWMG - Regional Water Management Group
SUB - Subsistence Fishing Beneficial Water Use
TMDL- Total Maximum Daily Limit
T-SUB - Tribal Subsistence Fishing Beneficial Water Use
USEPA- United States Environmental Protection Agency
Appendix 1: 2018 Triennial Review -29- 4 September 2018
Response to Comments
REFERENCES
Bakersfield Californian. 2017. Troubled Waters: Solutions sought for man-made flooding in
Lamont. Bakersfield, CA. 25 February. Accessed 21 September 2017 from:
http://www.bakersfield.com/news/troubled-waters-solutions-sought-for-man-made-flooding-in-
lamont/article 9160bd74-f7bb-507d-ab4d-7711d7c36d71.html
Department of Water Resources (DWR). 2014. Round 2 Proposition 84 Implementation Grant
Final Award List of Projects. Sacramento, CA. February. Accessed 21 September 2017 from:
http://www.water.ca.gov/irwm/grantsldocs/Archives/Prop84/Awards/P84 R2 Imp/ListofProjects
P84R21G.pdf
Kern Integrated Regional Water Management Plan (Kern IRMWP). 2012a. 2012 Project Forms
for County. Available at:
http://www.kernirwmp.com/documents/Prioritization/CK.pdf
Kern IRWMP. 2012b. 2012 Project Forms for South County. Available at:
http://vvww.kernirwmp.com/documents/Prioritization/SC.pdf
Kern IRWMP. 2012c. Implementation Grant Application for Proposition 84 Round 2. Accessed
21 September 2017 from:
http://www.water.ca.gov/irwm/grants/docs/Archives/Prop84/Submitted Applications/P84 Round
2 I mplementationlTehachapi-Cumm ings%20County%20Water%20 District%20(201312340032)/
State Water Resources Control Board (SWRCB). 2012. Water Quality Control Policy for Siting,
Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS Policy).
Sacramento, CA. 19 June. Available at:
https://www.waterboards.ca.gov/water issues/proqrams/owts/docs/owts policy.pdf
SWRCB. 2015. Water Quality Control Policy for Developing California's Clean Water Act
Section 303(d) List. Sacramento, CA. 3 February. Available at:
https://www.waterboards.ca.gov/board decisions/adopted orders/resolutions/2015/020315 8 a
mendment clean version.pdf
SWRCB. 2018. Proposed Final Staff Report, including Substitute Environmental
Documentation, for Part 3 of the Water Quality Control Plan for Inland Surface Waters,
Enclosed Bays, and Estuaries of California— Bacteria Provisions and a Water Quality Standards
Variance Policy and Amendment to the Water Quality Control Plan for Ocean Waters of
California— Bacteria Provisions and a Water Quality Standards Variance Policy. Sacramento,
CA. 18 January. Available at:
https://www.waterboards.ca.gov/bacterialobjectives/docs/bdmtq feb6 bacteria provisions staff
report.pdf
U.S. Department of Interior(USD01), Interagency Land Retirement Team. 2005. Land
Retirement Demonstration Project, Five-Year Report. Fresno, CA. September.
U.S. Environmental Protection Agency (USEPA). 1976. Quality Criteria for Water. Office of
Water Planning and Standards. Washington, D.C. EPA-440/9-76-023. pp. 79-100.
Appendix 1: 2018 Triennial Review -30- 4 September 2018
Response to Comments
USEPA. 1986. Ambient Water Quality Criteria for Bacteria -- 1986. Office of Water. Washington,
DC. EPA-440/5-84-002. January.
USEPA. 2012. Recreational Water Quality Criteria. Office of Water. Washington, DC. 820-F-12-
058. November. Available at:
https:ffwww.epa.qov/wqc/2012-recreational-water-q ual ity-criteria-documents
USEPA. 2018. 2017 Five-Year Review of the 2012 Recreational Water Quality Criteria. Office of
Water. Washington, DC. EPA-823-R-18-001. May. Available at:
https:tlwww.epa.gov/wgc/five-year-review-2012-recreational-water-quality-criteria
Appendix 1: 2018 Triennial Review -31- 4 September 2018
Response to Comments
APPENDIX 2:
2018 TRIENNIAL REVIEW PROJECT FACT SHEETS
PROJECT FACT SHEET
2018 Triennial Review
Project Number: 1
Project Name: Basin planning and implementation activities related to the
proposed Salt and Nitrate Control Program
Triennial Review Issue No.: 1 - Salt and Nitrate Management for Surface and
Groundwaters
Watershed: Sacramento River/San Joaquin River Basins
Tulare Lake Basin
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: Resolution R5-2018-0034 (Amendments to the Water Quality
Control Plans for the Sacramento River and San Joaquin River
Basins and the Tulare Lake Basin to incorporate a Central
Valley-Wide Salt and Nitrate Control Program)
Project's Triennial Review New project
History:
Project Description: Elevated levels of salinity and nitrates in surface and ground
water are an increasing problem in California's Central Valley.
High nitrate concentrations in groundwater impair or threaten
to impair the region's drinking water quality. Salt accumulations
in the soil have resulted in the removal of large portions of
farmland from agricultural production. The proposed Central
Valley Salt and Nitrate Control Program (SNCP) is designed to
address both legacy and ongoing salt and nitrate accumulation
issues in surface and groundwater throughout the basin.
The Central Valley Water Board approved the SNCP Basin
Plan Amendments and accompanying Staff Report on 31 May
2018. The next steps of the amendment process include
review and approval by the State Water Resources Control
Board (State Board), the Office of Administrative Law(OAL),
and the United States Environmental Protection Agency
(USEPA), where applicable. Once the amendments become
effective, there are many activities that must be initiated by the
Central Valley Water Board and impacted permittees to ensure
that the SNCP is successfully implemented.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
This project includes support over the next three years for the
following planning and implementation activities:
1. Complete the final steps of the Basin Plan Amendment
approval process
As described above, the effort to incorporate a SNCP
into the Basin Plans is still undergoing the amendment
approval process. All the proposed amendments will
need to be approved by the State Board and OAL prior
to becoming effective, but only the amendments that
fall under federal jurisdiction require approval by
USEPA. This approval process is tentatively scheduled
to be completed during the second half of 2019.
2. Prepare, issue and track notices and responses
Both the SNCP's salinity and nitrate permitting
strategies contain two compliance pathways with
associated implementation schedules that permittees
and the Central Valley Water Board must adhere to.
The nitrate portion of the SNCP is a prioritized program
that applies to groundwaters, while the salinity portion
is a phased program that applies to surface and
groundwaters. As such, the SNCP will impact several
thousand permittees across most regulatory programs
at the Central Valley Water Board. Staff resources are
needed to manage the issuance of Notices to Comply
(NTCs) and track permittee responses, or Notices of
Intent(NOLs), and other implementation deliverables for
both the salt and nitrate portions of the program.
3. Manage a grant agreement to support the SNCP
A Cleanup and Abatement Account-funded grant
agreement shall be used to facilitate salinity and nitrate
management in partnership with the Central Valley
Salinity Alternatives for Long Term Sustainability (CV-
SALTS) stakeholder initiative by supporting early
implementation of Central Valley salt and nitrate
management strategies. This funding includes technical
assistance for pilot studies that can support the
creation of Management Zone document templates and
data requirements for the alternative nitrate permitting
strategy, as well as the development of the
Prioritization and Optimization (P&O) Study Work Plan
to support the alternative salinity permitting strategy.
Additional grant funding will be used to support
outreach activities to help permittees understand the
regulatory requirements of the SNCP and provide
overall program management.
2
PROJECT FACTS H E ET
2018 Triennial Review
Project Number: 2
Project Name: Tribal Beneficial Uses
Triennial Review Issue No.: 2- Beneficial Use Designations for Surface and Ground
Waters
Watershed: Region-wide
2018 Comment Letters Tuolumne Me-Wuk Tribal Council
Received: Big Valley Band of Porno Indians
Elem Indian Colony
The Robinson Rancheria Environmental Center
The Pit River Tribe
Other Public Interest:
Past Board Commitment:
Project's Triennial Review New
History:
Project Description: Beneficial use definitions relating to California Native
American tribes were established by the State Water Board in
2017 through Resolution 2017-0027 which adopted 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.
The new beneficial use definitions are Tribal Tradition and
Culture (CUL), and Tribal Subsistence Fishing (T-SUB). In
addition, the State Water Board also defined a beneficial use
for Subsistence Fishing (SUB). The SUB, T-SUB and
Commercial and Sportfishing (COMM) beneficial uses relate
to the risks to human health from the consumption of
noncommercial fish or shellfish. In addition, the definition for
CUL also includes consumption of aquatic resources to
support cultural, spiritual, ceremonial and traditional rights.
The two subsistence fishing beneficial uses normally involve
higher rates of consumption of fish or shellfish than those
protected under the COMM and CUL beneficial uses. The
function of the CUL, T-SUB and SUB beneficial uses are not
to protect or enhance fish populations or aquatic habitats. Fish
populations and aquatic habitats are protected and enhanced
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
by other beneficial uses, including but not limited to Fish
Spawning, Migration of Aquatic Organisms, Aquaculture,
Warm Freshwater Habitat, and Cold Freshwater Habitat, that
are designed to support aquatic habitats for the reproduction
or development of fish. The Central Valley has few water
bodies that have been designated to be protected for COMM
and none are designated to be protected for CUL, T-SUB or
SUB.
Several tribes in the Central Valley have requested that the
Central Valley Water Board designate tribal beneficial uses.
When evaluating designation of CUL and T-SUB beneficial
uses into the Sacramento and San Joaquin, and Tulare Lake
Basin Plans, the Board should also evaluate designation of
the COMM and SUB beneficial use.
This project involves the coordination with tribes and other
affected entities to develop guidance for identifying spatial
extent, designating the new beneficial use categories and for
deriving appropriate criteria for the reasonable protection of
tribal uses. It would be useful to develop a coordinated
contract proposal with the other Water Boards for facilitation to
assure consistency, as appropriate.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 3
Project Name: Guidance for Seasonal Beneficial Uses and Diurnal Variations
Triennial Review Issue No.: 2 - Beneficial Use Designations for Surface and Ground
Waters
Watershed: Region-wide
2018 Comment Letters Fresno Metropolitan Flood Control District
Received:
Other Public Interest:
Past Board Commitment: None
Project's Triennial Review New
History:
Project Description: Federal regulations (title 40 Code of Federal Regulations
(CFR) § 131.10(f).) allow states to adopt seasonal uses as an
alternative to reclassifying a water body or segment thereof to
uses requiring less stringent water quality criteria. Beneficial
uses, such as aquatic life, recreation, and other uses may only
occur during certain seasons in certain water bodies. In those
cases, it may be appropriate to recognize the seasonality of
the use and refine water quality objectives to protect the uses
that are present during each season.
In addition, some surface water bodies are subject to varying
water quality that occurs with daylight and nighttime
conditions. Two primary causes of diurnal variations are
photosynthesis and aerobic respiration from algal or aquatic
plants. Parameters that are most often affected are dissolved
oxygen, pH and specific conductance. A concern was
expressed during the Central Valley Water Board
development of the 2014 Integrated Report that the water
quality objectives did not account for diurnal variability and do
not provide reasonable protection of beneficial uses at some
sites. However, the commenter anticipated that the Statewide
Biostimulatory Substances Project would provide information
on what the conditions ought to be.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
The concept of seasonal beneficial uses is new to the Central
Valley. Before de-designating an aquatic life or recreational
beneficial use, the Board could consider whether the use is
appropriate seasonally. It would be helpful to develop
guidance for how seasonality will be considered when
evaluating appropriate beneficial uses.
For the diurnal variations, staff could identify Central Valley
water bodies that have water quality fluctuations that appear
to violate the water quality objectives. Staff could work with
stakeholders to investigate these water bodies to determine if
the water quality objectives are appropriate or need to be
modified. The Statewide Biostimulatory Substances Project
(currently under development) may generate relevant
information.
2
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 4
Project Name: MUN in Oil Production Zones
Triennial Review Issue No.: 2 - Beneficial Use Designations for Surface and Ground
Waters
Watershed: Tulare Lake Basin
2018 Comment Letters Seneca Resources Corporation
Received: California Independent Petroleum Association
Other Public interest:
Past Board Commitment: R5-2017-0036 (Waste Discharge Requirements General
Order for Oil Field Discharges to Land—General Order
Number Three)
Project's Triennial Review Referenced in 2014 Triennial Review Work Plan
History:
Project Description: Waste Discharge Requirements General Order R5-2017-0036
provides coverage for discharge of oil field produced
wastewater to ponds where the first encountered groundwater
is of such poor quality that it cannot support beneficial uses
designated in the Basin Plan, or there is no first encountered
groundwater. The order applies to discharges to pond(s)that
began prior to 26 November 2014. Dischargers must
demonstrate that the groundwater beneath the discharge is of
poor quality as defined in the Basin Plan. The discharger must
also demonstrate that its discharges will not migrate from the
areas where the beneficial uses will be de-designated into
areas of higher quality groundwater. Applications for over 40
facilities have been submitted for coverage under this General
Order. Dischargers in close proximity to each other and with
similar hydrogeological conditions are encouraged to
participate in a regional or group effort to provide technical
information necessary that demonstrates coverage under the
General Order is appropriate and to obtain Basin Plan
amendments.
1
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 5
Project Name: Grower-proposed Basin Plan Amendment Work Plans
Submitted under Irrigated Lands General Waste Discharge
Requirements
Triennial Review Issue No.: 2- Beneficial Use Designations for Surface and Ground
Waters
Watershed: Region-wide
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review
History:
Project Description: The General Waste Discharge Requirements recognize that
some areas within the Tulare Lake Basin and San Joaquin
Basin areas overlie groundwater containing naturally occurring
constituents, including salts, that may exceed water quality
objectives associated with certain beneficial use designations.
In such cases, the use may be unattainable, even in the
absence of any waste discharge, and de-designation or
modification of the designated use may be appropriate. The
Orders allow dischargers to temporarily operate under
reduced monitoring and reporting requirements when 1) a
third-party entity, board, or other group is actively pursuing a
basin plan amendment to de-designate or modify the
beneficial use; and 2)the third-party provides the required
information indicating that it is reasonably likely that the
beneficial use is not appropriate in the area of the proposed
de-designation. To date, two Basin Plan Amendment
Workplans have been received pursuant to the Irrigated Lands
Regulatory Program General Orders, one each in the Tulare
Lake Basin and the San Joaquin River Basin.
1
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 6
Project Name: Individual Beneficial Use Evaluation for West Squaw Creek
Triennial Review Issue No.: 2- Beneficial Use Designations for Surface and Ground
Waters
Watershed: Sacramento River
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: R5-2004-0090 (Amending the Water Quality Control Plan for
the Sacramento River and San Joaquin River Basins to Modify
the Beneficial Uses for Freshwater Aquatic Habitat(WARM
and COLD) and Remove Spawning (SPWN)for West Squaw
Creek, Shasta County)
Project's Triennial Review Referenced in the following Triennial Review Work Plans:
History: 2005, 2011, and 2014
Project Description: Stakeholders have indicated that there is information that
supports reviewing specific beneficial uses of the water
bodies.
West Squaw Creek, tributary to Lake Shasta, has been
significantly impacted by copper mining in the watershed. Staff
has been evaluating West Squaw Creek to determine
appropriate beneficial uses for the waterbody. The project has
been on hold until Mine Program staff have a chance to
evaluate the measures that have been implemented to control
mine discharges.
1
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 7
Project Name: Individual Beneficial Use evaluation for Grassland Watershed
water supply channels
Triennial Review Issue No.: 2- Beneficial Use Designations for Surface and Ground
Waters
Watershed: Grassland Watershed
2018 Comment Letters US EPA, Region 9
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review Referenced in the Triennial Review Work Plans for: 2011,
History: 2014
Project Description: Stakeholders have indicated that there is information that
supports reviewing specific beneficial uses of the water
bodies.
The Grassland water supply channels are not currently
designated as having existing REC-1 or REC-2 beneficial
uses. This project would evaluate the Grasslands wetland
water supply channels to determine if the REC-1 or REC-2
beneficial uses are an appropriate designation.
1
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 8
Project Name: Individual Beneficial Use evaluation for Groundwater beneath
the Sulphur Bank Mine in Lake County
Triennial Review Issue No.: 2 - Beneficial Use Designations for Surface and Ground
Waters
Watershed: Clear Lake Watershed
2018 Comment Letters US EPA, Region 9
Received: Elem Indian Colony
Other Public Interest:
Past Board Commitment:
Project's Triennial Review
History:
Project Description: Stakeholders have indicated that there is information that
supports reviewing specific beneficial uses of the water
bodies. De-designation would potentially allow consideration
of a broader range of remediation alternatives at the closed
mine site, which is regulated by USEPA pursuant to CERCLA.
Tribal stakeholders oppose beneficial use de-designations in
this area.
This project would evaluate the groundwater beneficial uses
beneath the Sulphur Bank Mine in Lake County to determine if
the municipal and domestic water supply beneficial use
designation is appropriate.
1
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 9
Project Name: Appropriate Aquatic Life Beneficial Use Designations in
Agriculturally-dominated Water Bodies and Agricultural
Conveyance Facilities
Triennial Review Issue No.: 3 -Appropriate Aquatic Life Beneficial Use Designations in
Agriculturally-dominated Water Bodies and Agricultural
Conveyance Facilities
Watershed: Region-wide
2018 Comment Letters Kaweah Basin Water Quality Association
Received: Kern River Watershed Coalition Authority
Other Public Interest:
Past Board Commitment: R5-2017-0088 (Amendments to the Water Quality Control
Plans for the Sacramento River and San Joaquin River Basins
and Tulare Lake Basin to Establish a Region-wide Municipal
and Domestic Supply (MUN) Beneficial Use Evaluation
Process in Agriculturally Dominated Surface Water Bodies
and to Remove the MUN Beneficial Use from 231 Constructed
or Modified Ag Drains in the San Luis Canal Company District)
Project's Triennial Review Included in 2014, 2011, 2005, 2002, 1998 Triennial Review
History: work plans
Project Description: In agricultural environments, a complex network of modified,
natural and constructed channels conveys irrigation supplies
to farms and exports agricultural drainage water to natural
streams. Many of these waterways lack habitat and physical
flow characteristics to sustain the full range of aquatic life and
other beneficial uses.
In Resolution R5-2017-0088, the Central Valley Water Board
adopted a process for evaluating the MUN beneficial use in
these agriculturally-dominated waterbodies. This project would
evaluate the existing ecologic functionality of these
waterbodies and would assess aquatic life beneficial use
protections and designations within these waterbodies.
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 10
Project Name: Evaluation of Effluent-dominated and Individual Water Bodies
Dominated by NPDES Discharges
Triennial Review Issue No.: 4— Regulatory Guidance to Address Water Bodies Dominated
by NPDES Discharges
Watershed: Region-wide
2018 Comment Letters Central Valley Clean Water Association
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review Referenced in the following Triennial Review Work Plans:
History: 1998, 2002, 2005, 2011, and 2014
Project Description: It is sometimes difficult and expensive for dischargers to meet
water quality objectives in water bodies dominated by surface
water discharges, also known as effluent dominated water
bodies (EDWs). Where little or no dilution is available, effluent
limits are set at the applicable water quality criterion/objective
which may be more stringent than drinking water MCLs to
protect aquatic life beneficial uses.
The consistent flows provided by the wastewater discharge
may enhance some aquatic life beneficial uses but be
detrimental to others that depend on the ephemeral nature of
the stream (i.e. cause a shift from the uses of ephemeral
waters to the uses of perennial waters). There are questions
of whether the discharger should be required to fully protect
these shifted uses when it is the discharge itself that allows
the modified uses to exist. There are also questions regarding
the fate of the original uses that are lost due to the discharge.
Stakeholders have suggested that the assigned beneficial
uses of these water bodies are inappropriate and have
requested that various alternatives be explored for assigning
beneficial uses to EDWs.
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 11
Project Name: Temperature Criteria and Objectives
Triennial Review Issue No.: 7—Protection of Central Valley Fisheries and other Aquatic
Life
Watershed: Sacramento River and San Joaquin River
2018 Comment Letters Sacramento Regional County Sanitation District
Received: US EPA
San Joaquin Tributaries Authority
The Pacific Coast Federation of Fishermen's Association
Institute for Fisheries Resources
Save California's Salmon
California's Sportfishing Protection Alliance
Modesto Irrigation District
US Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service
Turlock Irrigation District
Other Public Interest:
Past Board Commitment: University of California, Santa Cruz Temperature Criteria
Contract: Agreement#16-048-150
Project's Triennial Review Referenced in the following Triennial Review Work Plans:
History: 1998, 2002, 2005, 2011, 2014
Project Description: The Basin Plans identify water bodies that require aquatic life
protection by designating the following beneficial uses: warm
freshwater habitat(WARM), cold freshwater habitat (COLD),
fish migration (MIGR) and fish spawning (SPWN). The Basin
Plans include water quality objectives for dissolved oxygen
and temperature that provide protections for these aquatic life
beneficial uses. Stakeholders have indicated that water quality
objectives for dissolved oxygen and temperature may need to
be re-evaluated to provide appropriate protection of the
aquatic life beneficial uses.
The Sacramento River and San Joaquin River Basin Plan has
specific numeric temperature objectives for the Sacramento
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
River, Lake Siskiyou and Deer Creek, source to Cosumnes
River. Both Basin Plans also have narrative temperature
objectives that specify protection of beneficial uses.
In previous Triennial Reviews, the California Department of
Fish and Wildlife requested that temperature objectives be
established to provide protection of spring-run Chinook
salmon and steelhead in the Sacramento River Basin and fall-
run Chinook salmon in the San Joaquin River Basin. USEPA
Region 10, which has jurisdiction over the Northwestern
United States, issued regional guidance for developing
numeric temperature standards for the Pacific Northwest to
protect cold water(salmonid) beneficial uses. While USEPA
Region 9, which has jurisdiction over California, has not
adopted similar guidance, it is supportive of the scientific
approach used in the USEPA Region 10 guidance for
development of numeric temperature standards to protect
salmonid beneficial uses in the Central Valley. The
Department of Fish and Wildlife also supports the use of the
USEPA Region 10 guidance to develop numeric temperature
objectives. However, there are also comments that the
USEPA Region 10 guidance is inappropriate for use in the
Central Valley and requests to develop temperature objectives
that are specific to the various Central Valley water ways.
A Study is under way at UC Santa Cruz that should result in a
description of additional studies that will be needed to develop
site-specific criteria. Studies may include investigations that
take into consideration the different types of salmonids and
the life stages when they are present.
Commenters from previous Triennial Reviews also point out
that some of the Basin Plans' named water bodies are very
long and have different characteristics from one end to the
other end. In many of these cases, these long water body
reaches are designated both WARM and COLD, and thus
protection of aquatic life is based on the COLD criteria, which
is generally more stringent. However, this may not be
adequately protective of either the warm or cold water
ecosystems. Suggestions include subdividing these reaches
to appropriate sizes and designating appropriate beneficial
uses for each sub reach, or developing water quality
objectives that take into consideration the species that may be
present at any particular place or time and, thus, provide
seasonality to the water quality objectives.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 12
Project Name: Dissolved Oxygen Objectives
Triennial Review Issue No.: 7— Protection of Central Valley Fisheries and other Aquatic
Life
Watershed: Sacramento-San Joaquin Delta and Stanislaus River
Watershed
2018 Comment Letters San Joaquin Tributaries Authority
Received: California Sportfishing Protection Alliance
Save California Salmon
Pacific Coast Federation of Fisherman's Association
Institute for Fisheries Resources
Other Public Interest:
Past Board Commitment: 2014 Delta Strategic Work Plan
Proiect's Triennial Review Referenced in the following Triennial Review Work Plans:
History: 1998, 2002, 2005, 2011, 2014
Project Description: The Basin Plans identify water bodies that require aquatic life
protection by designating the following beneficial uses: warm
freshwater habitat (WARM), cold freshwater habitat (COLD),
fish migration (MICR) and fish spawning (SPWN). The Basin
Plans include water quality objectives for dissolved oxygen
and temperature that provide protections for these aquatic life
beneficial uses. Stakeholders have indicated that water quality
objectives for dissolved oxygen and temperature may need to
be re-evaluated to provide appropriate protection of the
aquatic life beneficial uses. [See Project Fact 11 for
development of temperature criteria and objectives.]
The basin plans include (1) general dissolved oxygen
objectives that apply to all water bodies designated as
supporting WARM, COLD and SPWN; and (2) site-specific
objectives for certain water bodies that are typically higher
than the general objectives. Both general and site-specific
objectives are applied as minimum levels that are to be
equaled or exceeded at all times. These objectives have
existed in the Basin Plan since its original adoption in 1975. In
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
1986, the USEPA developed ambient water quality criteria for
dissolved oxygen. The recommended national criteria have
not been evaluated for use in the Central Valley.
This project includes the development of site-specific
dissolved oxygen objectives for:
• Sacramento-San Joaquin Delta
The specific dissolved oxygen objectives for the Delta
contain ambiguous language regarding applicable water
quality objectives for"bodies of water which are
constructed for special purposes and from which fish
have been excluded or where the fishery is not important
as a beneficial use." There is an unresolved disapproval
from the USEPA on the editing of the language that
created this ambiguity.
• Lower Stanislaus River
Commenters have requested that site specific dissolved
oxygen objectives be developed for the Stanislaus River
because the current dissolved oxygen water quality
objectives do not provide adequate protection of the
fisheries present in the River.
• Old and Middle Rivers
Low Oxygen Levels in Old and Middle Rivers: Staff is
working on a white paper addressing the low dissolved
oxygen levels in Old and Middle Rivers. Low dissolved
oxygen levels in Old and Middle Rivers was identified as
a priority project in the Delta Strategic Workplan.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 13
Project Name: Ammonia Water Quality Objectives
Triennial Review Issue No.: 8--Current Water Quality Criteria
Watershed: Region-wide
2018 Comment Letters
Received:
Other Public Interest: Central Valley Clean Water Association
Past Board Commitment:
Project's Triennial Review
History:
Project Description: The Porter-Cologne Water Quality Control Act requires the
Water Boards to develop water quality objectives for the
reasonable protection of beneficial uses in surface water and
a program of implementation for achieving water quality
objectives. Federal regulations require States to adopt
narrative or numeric water quality criteria to protect
designated beneficial uses. (40 CFR § 131.11(a)(1).) Federal
regulations require that states consider establishing water
quality criteria based on criteria that United States
Environmental Protection Agency (USEPA) publishes under
Clean Water Act section 304(a) (40 CFR§ 131.11 and
131.20).
Ammonia is a critical pollutant that is discharged to surface
water due to its potential adverse impact on aquatic life,
causing lower reproduction and growth, or death to the
aquatic organisms at concentrations of concern. The Central
Valley Water Board has adopted numeric criteria for un-
ionized ammonia (NH3)for the Tulare Lake Basin that
generally protects beneficial uses but has not adopted
numeric ammonia criteria into water quality standards for the
Sacramento and San Joaquin River Basins of the Central
Valley. The Central Valley Water Board has adopted
narrative water quality criteria for toxicity that prohibit the
discharge of substances in concentrations that produce
detrimental physiological responses in human, plant, animal,
or aquatic life. To interpret these narrative criteria, the
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
Central Valley Water Board relies on recommendations from
federal and state agencies as well as peer-reviewed scientific
studies. Currently, the Central Valley Water Board uses
water quality criteria based on criteria that USEPA publishes
under Clean Water Act section 304(a), which is the National
Recommended Water Quality Criteria developed in 1999 for
ammonia.
In 2013 the USEPA updated the 1999 ammonia criteria for
the protection of aquatic life from the toxic effects of
ammonia in freshwater. The 2013 ammonia criteria vary
based on pH and temperature, and reflect the latest scientific
knowledge on the toxicity of ammonia to freshwater aquatic
life, including new data on sensitive freshwater mussels and
gill-breathing snails. Therefore, the 2013 freshwater acute
and chronic aquatic life criteria for ammonia more protective
for the aquatic community than the 1999 ammonia criteria.
USEPA recommended a single national acute and a single
national chronic criterion be applied to all waters rather than
different criteria based on the presence or absence of
mussels.
However, these freshwater mussel species included in the
2013 ammonia criteria are different than the freshwater
mussel species in the Central Valley Region. The water
quality standards regulation at 40 CFR § 131.11(b)(1)(ii)
provides states with the opportunity to adopt water quality
criteria that are"...modified to reflect site- specific
conditions."As with any criteria, site-specific criteria must be
based on a sound scientific rationale in order to protect the
designated use and are subject to review and approval or
disapproval by USEPA. The 2013 ammonia criteria provide
recalculation procedures for site-specific criteria derivation.
In the case of ammonia, where a state can demonstrate that
mussels are not present on a site-specific basis, the
recalculation procedure may be used to remove the mussel
species from the national criteria dataset to better represent
the species present at the site.
Staff is working with the Central Valley Clean Water
Association to establish numeric ammonia water quality
objectives for the Central Valley to provide reasonable
protection of the aquatic life in the region and to provide a
consistent process for its regulatory programs.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 14
Project Name: Review of Proposed US EPA Water Quality Criteria and
304(a) Criteria
Triennial Review Issue No.: 8—Current Water Quality Criteria
Watershed: Region-wide
2018 Comment Letters US EPA
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review Reference in the following Triennial Review Work Plans: 2005,
History: 2011, and 2014
Project Description: The Central Valley Water Board is implementing criteria
promulgated by the United States Environmental Protection
Agency (USEPA) as of 2000. These criteria are known as the
California Toxics Rule (CTR) and include the toxic pollutants
(priority pollutants). USEPA also publishes guidance for non-
priority pollutants. These non-priority pollutants were not
included in the USEPA promulgation of the CTR. USEPA
publishes updates of criteria pursuant to Section 304(a) of the
Clean Water Act.
The Basin Plans include narrative objectives and a Policy for
Application of Water Quality Objectives that indicates that the
Central Valley Water Board can use available information,
numerical criteria, and guidelines from other authoritative
bodies to assist in determining compliance with narrative
objectives. This project would involve the evaluation of the
applicability of USEPA National Recommended Water Quality
Criteria in the Central Valley.
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 15
Project Name: Re-evaluation of the Prospective-incorporation-by-reference of
the Maximum Contaminant Levels
Triennial Review Issue No.: 9— Prospective Incorporation by Reference of the Maximum
Contaminant Levels in the Basin Plan
Watershed: Region-wide
2018 Comment Letters Central Valley Clean Water Association
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review
History:
Project Description: The Basin Plan identifies Maximum Contaminant Levels
(MCL), as tabulated in Title 22, as Water Quality Objectives
for both surface and groundwater designated as MUN. This
incorporation by reference is prospective, which means that
future changes to the MCLs are automatically applicable as
water quality objective once the revised regulations take
effect.
MCL revisions are made in accordance with Health and Safety
Code section 116365. This section requires that the State
Water Resources Control Board (State Board) consider the
following criteria when adopting a primary drinking water
standard: 1)the public health goal for the contaminant
published by the Office of Environmental Health Hazard
Assessment; 2)the national primary drinking water standard
for the contaminant, if any, adopted by the United States
Environmental Protection Agency; and 3) the technological
and economic feasibility of compliance with the proposed
primary drinking water standard. When the Regional Water
Board prescribes waste discharge requirements, it must
consider the provisions in Water Code section 13241.
However, if the Regional Water Board has considered the
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
factors when establishing the water quality objectives, it is not
obliged to consider the factors again when implementing the
objectives in waste discharge requirements.
This project would evaluate, and potentially modify, existing
prospective incorporation language in the Basin Plan to
address perceived inconsistencies between the legal
requirements for the adoption of new drinking water standards
by State Water Board and the criteria in Water Code section
13241 that the Central Valley Water Board must evaluate
when issuing waste discharge requirements.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 16
Project Name: Delta Nutrient Research Plan
Triennial Review Issue No.: 14— Implementation of the Delta Strategic Plan
Watershed: Sacramento-San Joaquin Delta
2018 Comment Letters Sacramento Regional County Sanitation District
Received:
Other Public Interest: Delta Nutrient Research Plan Stakeholder and Technical
Advisory Group (STAG)
Past Board Commitment: R5-2018-0059 (Delta Nutrient Research Plan for Development
of Information Prior to Consideration of Nutrient Numeric
Objectives)
2014 Delta Strategic Work Plan
California Nonpoint Source Program Implementation Plan—
2014-2020
Project's Triennial Review
History:
Project Description: Nitrogen and phosphorus contribute to water quality problems
in the freshwater Sacramento-San Joaquin Delta. These
problems include: harmful algal blooms (HABs) and
associated toxins and nuisance compounds, excess aquatic
plant growth, low abundance of phytoplankton species that
support the food web, and low dissolved oxygen in some
waterways.
More information is needed about the roles of nutrients and
other factors in driving these conditions and variations in the
drivers across the Delta. The goal of the Delta Nutrient
Research Plan is to develop and implement a study plan to
determine whether numeric water quality objectives for
nutrients are needed to protect water quality in the Delta. Staff
worked with a stakeholder and technical advisory group
(STAG) to review the state of science, identify information
gaps, and identify monitoring, special studies, and modeling to
fill the gaps.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
In addition to developing partnerships and securing funding,
near-term priorities for Delta Nutrient Research Plan
implementation are:
• Completing existing and contracted work
supporting the 2014 Delta Strategic Plan
• Prioritizing new projects for HAB monitoring and
special studies;
• Integrating efforts with the Delta Regional
Monitoring Program;
• Initiating review of nutrient thresholds and policies
and developing initial nutrient mass balance
framework; and
• Developing a Science Action Plan to systematically
fill research gaps through enhanced collaboration
and funding opportunities.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 17
Project Name: Fungicides and Herbicides
Triennial Review Issue No.: 14— Implementation of the Delta Strategic Plan
Watershed: Sacramento-San Joaquin Delta
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: 2014 Delta Strategic Work Plan
Resolution R5-2018-0059 Approval of Delta Nutrient Research
Plan
University of California, Davis Herbicides and Fungicides:
State Water Resources Control Board Contract No.16-046-
150
Project's Triennial Review
History:
Project Description: The patterns of species and total abundance of phytoplankton
(free-floating algae, bacteria, and cyanobacteria) in the Delta
have changed over the last several decades. Changes in algal
quality and quantity or"bottom up" effects are factors believed
to contribute to the decline in some native fish species. Also,
since the early 2000s, there has been an increase in
detections of fungicides and herbicides in Delta waters. Little
is known about the potential toxicities of these compounds to
multiple species of algae and whether the chemicals are
contributing to shifts in the quantity and quality of the lower
food web.
A priority project in the 2014 Delta Strategic Work Plan is to
conduct a toxicological assessment of some current-use
fungicides and herbicides using Delta algal species. This
project also supports the Delta Nutrient Research Plan by
helping to identify factors affecting phytoplankton growth and
species' abundances.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
The Board has contracted $375,000 with UC Davis to develop
toxicity reference values for current use fungicides and
herbicides found in the Delta on resident alga! species. This
work involves phytoplankton LC50 determination following
four-day growth tests with up to four herbicides and fungicides
commonly detected in Delta waters. The toxicity thresholds
will be compared to existing monitoring data to evaluate
potential impacts of these active ingredients on Delta
phytoplankton. Additionally, UC Davis will perform
cyanobacteria competition testing in the presence and
absence of specific herbicides and fungicides to determine
whether the presence of these active ingredients has any
impact on competition.
2
PROJECT FACTSHEET
2018 Triennial Review
Proiect Number: 18
Project Name: Comprehensive Pesticides Control Program
Triennial Review Issue No.: 15— Pesticide Control Efforts
Watershed: Region-wide
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment:
Proiect's Triennial Review
History:
Project Description: Pesticides, when used properly, protect people and their
environment from pests (animal, plant, or microbial)that
threaten human health and human activities. However,
pesticide residues that escape their intended use area may
enter waters of the state and cause beneficial use
impairments, particularly aquatic life impacts. Various
pesticides have been detected at toxic levels in the Central
Valley water bodies. The Basin Plan contains requirements
relevant to pesticides, including narrative and numeric water
quality objectives to protect beneficial uses. However, there
are currently very few numeric water quality objectives for
pesticides.
The Central Valley Water Board has identified many Central
Valley waterways as impaired due to ambient pesticide levels
on the Clean Water Act section 303(d) list. The Clean Water
Act requires the development of Total Maximum Daily Load
(TMDL) allocations to address impairments. The Basin Plan
outlines a specific review process that the Central Valley
Water Board must follow to address pesticide detections and
problems that are identified and for coordination with the
Department of Pesticide Regulation (DPR), which regulates
pesticide registration and use in California.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
The Basin Plan currently has provisions that are applicable to
all pesticides, as well as provisions for the specific control
programs. These provisions should be reviewed and modified
as necessary to provide a comprehensive regulatory approach
to pesticide discharges in the Region.
In addition, the Basin Plan requires that some existing
pesticide provisions be reviewed as follows:
Program Status Next Review
Diazinon and Chlorpyrifos Review is required every five March 2019
Runoff Control Program for the years. The Board last
San Joaquin River and reviewed these provisions in
Sacramento-San Joaquin Delta March 2014
Waterways
Basin-wide Diazinon and Review is required no later 16 August 2024
Chlorpyrifos Discharge Control than 16 August 2024.
Program in the Sacramento
River and San Joaquin River
Basins
Control Program for Review is required no later 2022
Pyrethroids than 2033.
Updates to the Board will be
Updates to the Board are included as part of triennial
required to be included as reviews beginning after 2020.
part of triennial review
process.
In addition, the Basin Plan required a detailed assessment of the rice pesticides
carbofuran, malathion, molinate, methyl parathion and thiobencarb on the impacts to
aquatic life and consideration of water quality objectives for these pesticides.
2
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 19
Project Name: Pyrethroid Research Plan
Triennial Review Issue No.: 15— Pesticide Control Efforts
Watershed: Sacramento River and San Joaquin River Basin
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: R5-2017-0057—Amendment to the Water Quality Control
Plan for the Sacramento River and San Joaquin River Basins
for the Control of Pyrethroid Pesticide Discharges
Project's Triennial Review
History:
Project Description: The Central Valley Water Board has adopted a control
program for pyrethroids pesticides in 2017. The pyrethroid
control program in the Basin Plan requires that the Board work
with stakeholders and other agencies to develop a Pyrethroid
Research Plan within 2 years the effective date, to address a
number of topics where additional data and information could
help inform potential revisions to the pyrethroid control
program. These topics include pyrethroid bioavailability and
portioning, temperature effects on toxicity, chronic and
sublethal effects, fate and transport, and monitoring and
laboratory methods for toxicity and pyrethroids.
Staff is working with stakeholders to develop and implement a
Pyrethroid Research Program. A study of$100,000 has been
funded for through FY2020 to investigate pyrethroid partition
coefficients.
When the Pyrethroid Research Plan is completed, additional
resources will be needed to conduct investigations on
pyrethroid bioavailability and portioning, temperature effects
on toxicity, chronic and sublethal effects, fate and transport,
and monitoring and laboratory methods for toxicity and
pyrethroids.
1
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 20
Project Name: Sacramento and San Joaquin Rivers Organochlorine
Pesticides Re-evaluation
Triennial Review Issue No.: 15—Pesticide Control Efforts
Watershed: Sacramento River and San Joaquin River
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review
History:
Project Description: Organochlorine (OC) pesticides have been detected in the
water column, sediment and biota collected from water bodies
throughout the Sacramento and San Joaquin River Basins at
high enough concentrations to include these water bodies on
the Clean Water Act section 303(d) list of impaired water
bodies, even though nearly OC pesticides have been banned
for use in the United States for decades.
Stakeholders have expressed concern regarding the water
quality objectives for organochlorine pesticides which states
that:
Total identifiable persistent chlorinated hydrocarbon pesticides
shall not be present in the water column at concentrations
detectable within the accuracy of analytical methods approved
by the Environmental Protection Agency or the Executive
Officer.
Stakeholders are concerned that the above water quality
objective fluctuates with the accuracy of analytical methods
and would prefer numeric water quality objectives that are
protective of beneficial uses. Since the adoption of this water
quality objective, the USEPA has developed water quality
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
criteria for water column concentrations of organochlorine
pesticides that are protective of human health and aquatic life
and in 2000 promulgated the criteria in the California Toxics
Rule (CTR). At this time, the detection limits for analytical
methods approved by the USEPA are higher than the CTR
criteria for the organochlorine pesticides.
Staff started working on a control program for OC pesticides in 21
impaired reaches of water bodies within the Central Valley.
However,since the listings are due to widespread legacy uses of the
pesticides,there are not any identified actions that can be
implemented to further reduce concentrations except for limiting
erosion,which is already a requirement of existing regulatory
programs. It is possible that there could be some hot spots in these
watersheds that could be identified and prioritized for cleanup, but
generally the concentrations of concern are widespread in soils
throughout the areas of use and in sediments and biota of
downstream waters. Concentrations are gradually declining
through over time due to practices to reduce erosion and natural
attenuation.Staff is preparing a report of its findings,which is
expected to be completed in 2019.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 21
Project Name: Statewide Mercury Control Program for Reservoirs
Triennial Review Issue No.: 16-- Mercury Load Reduction Program
Watershed: Statewide
2018 Comment Letters Tuolumne Me-Wuk Tribal Council
Received:
Other Public Interest:
Past Board Commitment:
Project's Triennial Review
History:
Project Description: Elevated mercury levels in soil, water, and fish can be
expected in areas where mercury was mined (Coast Range),
where mercury was used to extract gold (Sierra Nevada and
Cascade Range), and in downstream water bodies where the
mercury is methylated (Delta, rivers and reservoirs). In
addition, elevated mercury levels in some waters are due to
modern point and non-point sources as well as atmospheric
deposition. Mercury is a problem because it accumulates in
aquatic organisms to levels that pose a threat to predator
species and people that eat some types of fish.
Statewide, there are about 130 reservoirs with fish tissue
mercury concentrations that exceed water quality objectives.
To address the mercury problem in these reservoirs, the State
Water Resources Control Board has undertaken development
of a statewide program ("Statewide Mercury Control Program
for Reservoirs") with the goal of reducing mercury levels in fish
through a multifaceted approach; (1) reduce loading of
mercury to the reservoirs; (2) and develop and test
management practices in the reservoirs to reduce
methylmercury production and subsequent bioaccumulation.
This multiyear project has been led by technical staff from the
Central Valley Water Board, the San Francisco Bay Water
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
Board, and the State Water Board. A draft staff report and
implementation provisions have been submitted to external
scientific peer review and are posted on the project website.
Over the past few years, staff has been meeting with many
reservoir owners and operators to discuss development of
coordinated reservoir water chemistry and fisheries
management pilot tests. Staff is also currently evaluating
alternatives to the typical TMDL approach to addressing
impaired waters.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 22
Project Name: Central Valley Rivers
Triennial Review Issue No.: 16— Mercury Watershed Control Program for the Rivers of the
Central Valley Lowlands
Watershed: Region-wide
2018 Comment Letters Central Valley Clean Water Association
Received: Tuolumne Me-Wuk Tribal Council
Other Public Interest:
Past Board Commitment: R5-2010-0043 (Amendments to the Water Quality Control
Plan for the Sacramento River and San Joaquin River Basins
for the Control of Methylmercury and Total Mercury in the
Sacramento-San Joaquin Delta Estuary)
Project's Triennial Review
History:
Protect Description: Elevated mercury levels can be expected in areas where
mercury was mined (Coast Range), where mercury was used
to extract gold (Sierra Nevada and Cascade Range), and in
downstream water bodies where the mercury is methylated
(Delta, rivers and reservoirs). In addition, elevated mercury
levels in some waters are due to modern point and non-point
sources as well as atmospheric deposition. Mercury is a
problem because it accumulates in aquatic organisms to
levels that pose a threat to predator species and people that
eat fish. Because of elevated mercury levels in fish tissue,
numerous water bodies, including the Delta, its tributaries, and
numerous reservoirs and streams have been included on the
Clean Water Act Section 303(d) list of impaired water bodies.
The Clean Water Act mandates that the Regional Water Board
develop load reduction programs to resolve these water
quality problems through a Total Maximum Daily Load (TMDL)
allocation process. Health advisories have been issued for
many water bodies in the Central Valley due to the mercury
levels in fish. Recent studies may result in health advisories
being issued for additional water bodies as well as more water
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
bodes being added to the Clean Water Act 303(d) list for
mercury impairments.
In the past, the Central Valley Water Board adopted Basin
Plan Amendments that include fish tissue objectives,
implementation programs, and TMDL allocations for
controlling mercury and methylmercury in Clear Lake, Cache
Creek and its tributaries, and the Delta.
The Delta Mercury Control Program (Resolution No. R5-2010-
0043) identified methylmercury allocations for tributary inputs
to the Delta and Yolo Bypass and specifically notes control
programs are needed for the American, Cosumnes Feather,
Mokelumne, Sacramento, and San Joaquin
Rivers, and Marsh, Morrison and Putah Creeks. Staff is
beginning to develop mercury control programs for Central
Valley Rivers, focusing on these tributaries to the Delta
downstream of major reservoirs.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 23
Project Name: Delta Methylmercury Control Program
Triennial Review Issue No.: 16— Mercury Load Reduction Program
Watershed: Sacramento-San Joaquin Delta
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: R5-2010-0043 (Amendments to the Water Quality Control
Plan for the Sacramento River and San Joaquin River Basins
for the Control of Methylmercury and Total Mercury in the
Sacramento-San Joaquin Delta Estuary)
California Nonpoint Source Program Implementation Plan—
2014-2020
Project's Triennial Review
History:
Project Description: Elevated mercury levels can be expected in areas where
mercury was mined (Coast Range), where mercury was used
to extract gold (Sierra Nevada and Cascade Range), and in
downstream water bodies where the mercury is methylated
(Delta, rivers and reservoirs). In addition, elevated mercury
levels in some waters are due to modern point and non-point
sources as well as atmospheric deposition. Mercury is a
problem because it accumulates in aquatic organisms to
levels that pose a threat to predator species and people that
eat fish. Because of elevated mercury levels in fish tissue,
numerous water bodies, including the Delta, its tributaries, and
numerous reservoirs and streams have been included on the
Clean Water Act Section 303(d) list of impaired water bodies.
Health advisories have been issued for the Delta due to the
mercury levels in fish. Recent studies may result in health
advisories being issued for additional water bodies as well as
more water bodes being added to the Clean Water Act 303(d)
list for mercury impairments.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
In the past, the Central Valley Water Board adopted Basin
Plan Amendments that include fish tissue objectives,
implementation programs, and TMDL allocations for
controlling mercury and methylmercury in Clear Lake, Cache
Creek and its tributaries, and the Delta.
For the Delta Mercury Control Program review, the Board
committed to consider modification of methylmercury goals,
objectives, allocations, compliance dates, implementation of
management practices, schedules for methylmercury controls,
and consideration of a mercury offset program for dischargers
who cannot meet their load and waste load allocations. The
Delta Methylmercury Control Program review is due October
2022. Note that the Basin Plan requires submittal of the final
reports for Control Studies by 20 October 2018. In 2016 the
Executive Officer granted a one-year due date extension for
the tidal wetland and open water studies. The Control Studies
will be used to modify compliance dates and allocations, as
appropriate. Currently staff is compiling information for the
review, outlining options for an offset program, and will be
working with stakeholders to develop final recommendations
for the program.
2
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 24
Project Name: Watershed-based Plan Implementation and Update for Battle
Creek
Triennial Review Issue No.: 17—Battle Creek (Sedimentation Impacting Endangered
Species)
Watershed: Battle Creek watershed (HSA#5507.120000)
2018 Comment Letters
Received:
Other Public Interest:
Past Board Commitment: California Nonpoint Source Program Implementation Plan —
2014-2020
Proiect's Triennial Review
History:
Project Description: Battle Creek is one of the northernmost major tributaries to the
Sacramento River and is considered a high priority stream
because it contains critical cold-water habitat for endangered
Spring Run Chinook salmon, supports important populations of
Chinook salmon and Central Valley steelhead, contains
numerous fish hatcheries, and is the location of an ongoing
salmonid habitat restoration project that is receiving substantia
funding from local, state, and federal agencies, as well as
private entities. There is concern of excessive sedimentation
endangering the aquatic habitat beneficial uses. Staff from the
Forest Activities Program is working with stakeholders to
design a Watershed-Based Plan (WBP) which will coordinate
watershed restoration efforts and disseminate information
relevant to all stakeholders in the watershed. There are 4 main
tasks remaining for this project and are described below:
1. Watershed Assessment report is in the final review stage.
This technical document provides the basis from which the
WBP draws, and will be finalized in early September 2018.
The findings of the Watershed Assessment required a
change in the planning approach necessary for the WBP,
nevertheless the available information will be sufficient to
complete the project.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
2. The Watershed Based Plan (WBP) document that
describes methods to:
• Host the WBP via the web as an interactive system and
provide a clearinghouse for information useful to
stakeholders.
• Align existing and future sediment reduction
assessments with EPA's 9-elements to expedite 319h
funding for implementation.
• Develop a prioritized list of assessments and sediment
reduction projects, including efforts that are currently in
planning or are underway.
• Develop a strategy to track sediment delivery
assessments and sediment reduction implementation
projects for all stakeholders and land owners using the
Sac River Watershed Program's online data portal.
• Enable adaptive prioritization of needed projects in
response to future major climate-driven events (e.g.
fires and extreme precipitation)
Forest Activities staff will use available GIS resources to
support the WBP and assist developing the data portal with
staff of the Sacramento River Watershed Program (via a
separate discretionary contract funding) and are using the
timelines below for the remaining deliverables:
• Draft Watershed Based Plan —January 30, 2019
• TAC review/meeting on Draft WBP—February 2019
• Final Watershed Based Plan —April 31, 2019
• WBP and data embedded in Sac River Watershed
Program portal - 2019 (date dependent upon contract
processing).
3. Public outreach will take the form of the information portal,
mentioned above, that is currently under development. ThiE
portal will be used to store information, maps, and data for
a wide variety of physical parameters of the watershed, as
well as all relevant reports, background information, and
planning documents available for the basin, including the
WBP documentation. Expected completion in 2019.
4. The sediment reduction demonstration pilot project is
scheduled to begin in September 2018. Project duration is
expected to be 2 weeks. Effectiveness monitoring is
planned this fall and winter, and the results will be
documented by late spring 2019.
2
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 25
Project Name: Reassessment of Beneficial Uses and Water Quality
Objectives in Specific Reaches of the Pit River
Triennial Review Issue No.: 18—Pit River (Reassess Beneficial Uses and Water Quality
Objectives in Specific Reaches)
Watershed: Pit River
2018 Comment Letters North Eastern California Water Association
Received: Pit River Tribe
Shasta County Board of Supervisors
Other Public Interest:
Past Board Commitment:
Project's Triennial Review Referenced in the following Triennial Review Work Plans:
History: 2011 and 2014
Project Description: The Basin Plan identifies beneficial uses for the South and
North Forks of the Pit River, the Pit River from the confluence
of the forks to the mouth of Hat Creek, and the Pit River from
the mouth of Hat Creek to Shasta Lake. The Pit River is over
200 miles long and varies in elevation from about 4,300 feet
above mean sea level at the confluence of the forks to about
1,000 feet above mean sea level at Lake Shasta. Commenters
have requested the Central Valley Water Board re-evaluate
beneficial uses in these reaches of the Pit River, as well as
divide the Pit River into additional reaches to provide more
appropriate protection of the beneficial uses. Commenters
have also requested that the Central Valley Water Board re-
evaluate water quality objectives, including pH and
temperature, for the protection of aquatic life uses in the Pit
River and to reflect the environmental conditions in the Pit
River. A number of stakeholders have conducted
assessments of the Pit River and have indicated an interest in
conducting additional assessments that could lead to basin
plan amendments to address beneficial uses and water quality
objectives in the Pit River.
This project would evaluate the environmental conditions in
the Pit River to identify the appropriate beneficial uses and
water quality objectives.
1
PROJECT FACTSHEET
2018 Triennial Review
Project Number: 26
Project Name: Implementation of the Clear Lake Nutrient Control Program
Triennial Review Issue No.: 19—Clear Lake Nutrients
Watershed: Clear Lake
2018 Comment Letters Elem Indian Colony
Received:
Other Public Interest:
Past Board Commitment: R5-2006-0060 (Amendment to the Water Quality Control Plan
for the Sacramento River and San Joaquin River Basins for
the Control of Nutrients in Clear Lake)
California Nonpoint Source Program Implementation Plan —
2014-2020
Project's Triennial Review
History:
Project Description: In 2007, the Central Valley Water Board adopted a basin plan
amendment to establish a total maximum daily load control
program to reduce phosphorus contributions to Clear Lake
and decrease the incidence of nuisance algal blooms in Clear
Lake. The Basin Plan states that compliance with load and
waste load allocations for phosphorus in Clear Lake is
required by 19 June 2017. Many implementation actions have
been completed and are in progress. However, more data and
information is needed to assess whether responsible parties
are meeting their respective allocation. As a result, staff is
working with the responsible parties and stakeholders to
obtain load assessments and determine next steps for the
TMDL and Control Program.
This project includes the following elements to inform the
Board's next steps for the TMDL and Control Program:
• Load allocation compliance assessment
Staff is coordinating with responsible parties to obtain
data and information demonstrating load allocation
compliance.
Appendix 2: 2018 Triennial Review Project Fact Sheets 4 September 2018
• Environmental Drivers of Cyanobacteria Blooms and
Cyanotoxins in Clear Lake
Funding ($510,000) has been allocated through the
State Water Board's discretionary contract process for
Phase I of a two-phase project to evaluate
cyanobacteria environmental drivers in Clear Lake.
Phase I will involve in-field studies and data analysis.
Phase Il is for a predictive model to evaluate options
for additional TMDL numeric targets, allocations, and
implementation actions for the Nutrient Control
Program. Funding for Phase II is still needed.
• Evaluation of Shoreline Septic System Inputs to Clear
Lake: evaluate the impact of shoreline septic systems
to identify and rank areas where onsite wastewater
treatment systems contribute nutrients and bacteria
directly to Clear Lake.
2
PROJECT FACTSHEET
Project Number: 27
Project Name: Development of Procedures to Define and Determine
Naturally-occurring Background Conditions
Triennial Review Issue No.: 12—Naturally-occurring Background Conditions
Watershed:
2018 Comment Letters Sacramento River Source Water Protection Program
Received:
Other Public Interest:
Past Board Commitment: None
Project's Triennial Review New
History:
Project Description: The Basin Plans contain a provision that"the water quality
objectives do not require improvement over naturally occurring
background concentrations. In cases where the natural
background concentration of a particular constituent exceeds
an applicable water quality objective, the natural background
concentration will be considered to comply with the objective."
(CVRWQCB 2018a Section 4.2.2.1.9 and CVRWQCB 2018b
Section 4.2.2) However, this provision is rarely used because
of lack of agreement on how to determine naturally occurring
background concentrations.