Understanding Water Quality Standards in California

1. Water Quality Coordinating CommitteeOctober 2016 Water Quality Goals Jon B. Marshack, D.Env. Executive Director California Water Quality Monitoring Council (916) 341-5514 jon.marshack@waterboards.ca.gov

2. Main Concepts

3. Main Concepts • How to select numeric thresholdsto assess our water resources

4. Main Concepts • How to select numeric thresholdsto assess our water resources • Porter-Cologne Water Quality Control Act • Federal Clean Water Act • Water quality standards • State & Regional Water Board plans & policies

5. Main Concepts • How to select numeric thresholdsto assess our water resources • Porter-Cologne Water Quality Control Act • Federal Clean Water Act • Water quality standards • State & Regional Water Board plans & policies • How antidegradationprinciples affect numeric threshold selection

6. What Will We Cover Today? • Statutes, regulations plans & policies relating to water quality standards • Implementing narrative water quality objectives • Using numeric thresholds from other organizations and the peer reviewed literature • Water Quality Goals • Report • Database and on-line resources • Algorithms to help you select defensiblewater quality assessment thresholds

7. Water Quality Standards Federal Clean Water Act— Provisions of state or federal law Designated use or usesfor waters of the United States and Water quality criteria for such waters based upon such uses [40 CFR 130.2(c) and 131.3(i)]

8. Water Quality StandardsIn California • Found in theWater Quality Control Plans(Basin Plans) • Adopted by theState and Regional Water Boards

9. Water Quality StandardsIn California Water Quality Standards include • Beneficial Use designationsfor each water body or portion thereof • Water Quality Objectives(criteria) to protect the uses • Implementation Programsto achieve the objectives

10. Water Quality StandardsIn California • “Waters of the state” include both surface waters and groundwaters • Effectively, both havewater quality standards • Water Quality Standards applythroughout the water body • To protect existing and probable future uses

11. Beneficial Uses of Waters of the StateCalifornia Water Code § 13050(f) Beneficial uses of the waters of the state that may be protected against water quality degradation include, but are not necessarily limited to • Domestic, municipal,agricultural and industrial supply • Power generation • Recreation • Esthetic enjoyment • Navigation • Preservation and enhancement of fish, wildlife, and other aquatic resources or preserves

12. Present and Potential Beneficial Uses of Waters of the Statefrom the Water Quality Control Plans • Municipal and domestic supply • Agricultural supply • Industrial supply • Service supply • Process supply • Groundwater recharge • Freshwater replenishment • Navigation

13. Present and Potential Beneficial Uses of Waters of the State • Hydropower generation • Recreation • Contact • Non-contact • Commercial & sport fishing • Shellfish harvesting • Subsistence fishing • Aquaculture

14. Present and Potential Beneficial Uses of Waters of the State • Freshwater habitat • Warm • Cold • Estuarine habitat • Inland saline water habitat • Marine habitat • Wetland habitat • Wildlife habitat

15. Present and Potential Beneficial Uses of Waters of the State • Preservation of areas of special biological significance • Preservation of rare, threatened, or endangered species • Migration of aquatic organisms • Spawning, reproduction, and/or early development

16. Present and Potential Beneficial Uses of Waters of the State • Water quality enhancement • Flood peak attenuation/flood water storage • Native American culture • California Indian tribal traditional and cultural • California Indian tribal subsistence fishing • Subsistence fishing

17. State Water Resources Control BoardResolution No. 88-63Adoption of a Policy Entitled “Sources of Drinking Water” “All surface and groundwaters of the State are considered to be suitable, or potentially suitable, for municipal or domestic water supply…”

18. Sources of Drinking Water Policy Exceptions • Waters with total dissolved solids (TDS) > 3,000 mg/L • Waters with contamination, unrelated to a specific pollution incident, that cannot reasonably be treated for domestic use using best management practices or best economically achievable treatment practices

19. Sources of Drinking Water Policy Exceptions • Source cannot provide an average sustained yield of 200 gallons per day • Certain municipal, industrial, and agricultural wastewater conveyances and holding facilities • Regulated geothermal groundwaters

20. Water Quality ObjectivesWater Code §13050(h) “Water quality objectives” means • Limits or levels of water quality constituents or characteristics established for the • Reasonable protection of beneficial uses of water or the • Prevention of nuisancewithin a specific area

21. Water Quality Objectives Come in two forms: • Numeric • Specifies a concentration limit • Narrative • Describes a requirement or prohibits a condition harmful to beneficial uses

22. Narrative Water Quality Objectiveslanguage from the Central Valley Region Basin Plans • Chemical Constituents - General • Waters shall not contain chemical constituents in concentrations that adversely affect beneficial uses • Example: Boron and agricultural use

23. Narrative Water Quality Objectiveslanguage from the Central Valley Region Basin Plans • Chemical Constituents - MCLs • At a minimum, waters designated for use as domestic or municipal supply shall not contain concentrations of chemical constituents in excess of California drinking water Maximum Contaminant Levels (MCLs) • To protect all beneficial usesthe Regional Water Board may apply limits more stringent than MCLs

24. Narrative Water Quality Objectiveslanguage from the Central Valley Region Basin Plans • Toxicity • All waters shall be maintainedfree of toxic substances in concentrations that producedetrimental physiological responsesin human, plant, animal, or aquatic life • This objective applies regardless of whether the toxicity is caused by a single substance or the interactive effect of multiple substances

25. Narrative Water Quality Objectives • Toxicity • Example: Copper BeneficialToxicityUse by Threshold ug/L (ppb) • Humans MCL 1300 PHG 300 • Fish CTR 2.7 to 29 • Plants Ag limit 200

26. Narrative Water Quality Objectiveslanguage from the Central Valley Region Basin Plans • Tastes & Odors • Water shall not contain taste- or odor-producing substances in concentrations that impart undesirable tastes or odors • To domestic or municipal water supplies • To fish flesh or other edible products of aquatic origin • That cause nuisance • Or otherwise adversely affect beneficial uses

27. EthylbenzeneTolueneXylenesMTBE Toxicity vs. Taste & Odor Taste & Odor Threshold California Primary MCL 300 ug/L 150 ug/L 1750 ug/L 13 ug/L 29 ug/L 42 ug/L 17 ug/L 5 ug/L

28. More limited definitions in Water Rights regulations relating to appropriation of water Domestic Irrigation Power Municipal Mining Industrial Fish and Wildlife Preservation and Enhancement [see CCR, Title 23, Division 3, Chapter 2, Article 2, Subarticle 2] Aquaculture Recreational Stockwatering Water Quality Frost Protection Heat Control Let’s Not Be ConfusedBeneficial Uses – Water Rights

29. Special Water Quality ObjectivesDiffer from Basin Plan Objectives • Under its Water Rights authority State Water Board can adopt water quality objectives specifying flow or operational requirements related to appropriation of water for beneficial uses • e.g., Bay-Delta Water Quality Control Plan • State Water Board can manage water rights to ensure these objectives are met • Regional Water Boards have no authority to implement these objectives • USEPA has no authority to approve these objectives under the Clean Water Act

30. California Toxics Rule (CTR) • Federal Clean Water Act • All States required to haveenforceable numeric water quality criteriafor priority toxic pollutants in surface waters • Statewide Water Quality Control Plans SWRCB • Inland Surface Waters Plan (1991) • Enclosed Bays & Estuaries Plan (1991) • National Toxics Rule (NTR) USEPA • Promulgated in 1992(amended in 1995 & 1999) • Criteria filled gaps in Statewide Plans

31. California Toxics Rule (CTR) • Statewide Plans rescinded in 1994 • Court order from discharger lawsuit • Adoption did not sufficiently consider economics • California out of compliance with CWA • California Toxics Rule USEPA • Promulgated May 2000(amended Feb 2001) • NTR criteria still in effect • CTR criteria fill gaps in CWA compliance

32. EnforceableWater Quality Standards • Two scenarios in California Water Quality Objectives+ Basin Plan Beneficial Use Designations CTR and NTR Criteria+ Basin Plan Beneficial Use Designations

33. California Toxics Rule (CTR) • Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries (SIP) • SWRCB adopted March 2000 (amended 2005) • Time Schedules • Background Levels • Mixing Zones •Analytical Methods • Effluent Limits •Reporting Levels • Water Effect Ratios

34. California Toxics Rule (CTR) • State-adopted Site-specific Objectives • If approved by EPA, supersede NTR & CTR • Sacramento R. – upstream of Hamilton City • Copper, Cadmium, & Zinc objectives = acute exposure • CTR chronic criteria also apply • San Francisco Bay – specific water bodies • Arsenic, Cyanide, Metals, Selenium objectives • If under EPA review, more stringent applies

35. Implementation Procedures“Numeric Translators” • Clean Water Act water quality standards regulations and guidance require • Implementation procedures to ensure that narrative criteria (objectives) for toxic pollutants are attained • Using chemical-specific controls • Including numeric criteria and permit limits

36. Policy for Application of Water Quality Objectivesfrom the Implementation Chapter of the Central Valley Region Basin Plans • Where and When Objectives Apply • In all waters where beneficial uses have been designated, not just at current points of use • To protect existing and future beneficial uses

37. Policy for Application of Water Quality Objectivesfrom the Implementation Chapter of the Central Valley Region Basin Plans • Numeric receiving water limitations will be established in Board orders for constituents and parameters which will, at a minimum, meet all applicable water quality objectives • The Board will impose more stringent numeric limitations or prohibitions to maintain the existing water quality unless some degradation is allowed pursuant to Resolution No. 68-16 (Antidegradation Policy)

38. Policy for Application of Water Quality Objectivesfrom the Implementation Chapter of the Central Valley Region Basin Plans • Narrative Objectives • Implement with numeric limits in orders • Evaluate compliance by considering • Direct evidence of beneficial use impacts • All material and relevant information submittedby the discharger and other interested parties • Relevant numeric criteria and guidelines from other agencies and organizations • see “A Compilation of Water Quality Goals”

39. Policy for Application of Water Quality Objectivesfrom the Implementation Chapter of the Central Valley Region Basin Plans • Water quality objectivesdo not require improvement overnatural background concentrations • If Background > Water Quality Objectivecontrollable water quality factors arenot allowed to cause further degradation • e.g., discharges of waste

40. Application of Water Quality Objectivesfrom the Implementation Chapter of the San Francisco Bay Region Basin Plan • To evaluate compliance with water quality objectives, Board will consider • All relevant and scientifically valid evidence • Including numeric criteria and guidelines developed and/or published by other agencies and organizations • Summarized in “A Compilation of Water Quality Goals” • North Coast Region Basin Plan also references Water Quality Goals

41. Minimum & Maximum Levels • Water Quality Objectives + CTR & NTR Criteriadefine the least stringent limitsimposed on ambient water quality • Natural Backgrounddefines the most stringent limitsimposed on ambient water quality • Controllable Factors Policies (Basin Plans) • Antidegradation Policy (Res. 68-16)

42. Appropriate Range of Water Qualityto Protect Beneficial Uses • Water Quality Standards • Water quality objectives • CTR and NTR criteria Appropriate Range Receiving Water Limits may be selected here Increasing Concentrations Natural Background Levels “Zero”

43. Selecting Assessment Thresholds Site- and Pollutant-SpecificDischarge Information

44. Selecting Assessment Thresholds Site- and Pollutant-SpecificDischarge Information What bodies of water may be or have been affected ?

45. Selecting Assessment Thresholds Site- and Pollutant-SpecificDischarge Information Water Quality Standardsfrom the applicableWater Quality Control Plans plus CTR & NTR Criteria What bodies of water may be or have been affected ? What are the beneficial usesof those bodies of water ? What are the water quality objectives & criteria to protect those beneficial uses ?

46. Selecting Assessment Thresholds Site- and Pollutant-SpecificDischarge Information Water Quality Standardsfrom the applicableWater Quality Control Plans plus CTR & NTR Criteria What bodies of water may be or have been affected ? What are the beneficial usesof those bodies of water ? What are the water quality objectives & criteria to protect those beneficial uses ? Applicable Numeric Objectives & Criteria ApplicableNarrative Objectives

47. Selecting Assessment Thresholds Applicable Numeric Objectives & Criteria ApplicableNarrative Objectives

48. Applicable Numeric Objectives & Criteria ApplicableNarrative Objectives Selecting Assessment Thresholds

49. Applicable Numeric Objectives & Criteria ApplicableNarrative Objectives Selecting Assessment Thresholds Water Quality Based Numeric Thresholdsfrom Other Agencies and Organizations Numeric Thresholdsthat implement eachNarrative Objective Choose the most limiting of these values to implement all applicablewater quality objectives & criteria

50. Applicable Numeric Objectives & Criteria ApplicableNarrative Objectives Selecting Assessment Thresholds Water Quality Based Numeric Thresholdsfrom Other Agencies and Organizations Numeric Thresholdsthat implement eachNarrative Objective Choose the most limiting of these values to implement all applicablewater quality objectives & criteria Site-Specific Natural Background Level Select less restrictive of these Assessment Threshold