Advisory Committee Kickoff Meeting SWRCB Program to Develop Sediment Quality Objectives for Enclosed Bays and Estuaries of California July 29, 2003 CAL/EPA Building Sacramento, California

Meeting Objectives Present overview of project to stakeholders Define roles and responsibility of Advisory Committee Select Advisory Committee members Establish schedule Identify near-term tasks for Advisory Committee

Advisory Committee Section of the California Water Code requires the SWRCB to establish an advisory committee to assist in the implementation of Bay Protection Program. Members shall be appointed by the SWRCB to represent: (1) Trade associations whose members are businesses that use the bay, estuaries, and coastal waters of the state as a resource in their business activities. (2) Dischargers required to pay fees pursuant to Section (3) Environmental, public interest, public health, and wildlife conservation organizations. Mechanism for stakeholder involvement in policy development process Committee input part of information considered in SWRCB staff decisions

Background In 1989 the California Water Code was amended to include the Bay Protection and Toxic Cleanup Program Section Required SWRCB to prepare workplan to develop SQOs (original workplan completed 1991) Section Requires SWRCB to adopt SQOs (not completed)

Background (Continued) 1999 a lawsuit was filed against the SWRCB for failing among other issues to adopt SQOs Court Agreed with the Petitioners and SWRCB staff negotiated with the petitioners to develop within a specific time frame

Compliance Schedule By June , SWRCB must adopt scoping document (workplan) By August 5, 2005 SWRCB must circulate draft objectives By February 28, 2007 SWRCB must adopt objectives and policy and submit to office of Administrative Law

Definitions Section (d) of CWC defines SQOs: “’Sediment Quality Objective’ means that level of a constituent in sediment which is established with an adequate margin of safety for the reasonable protection of the beneficial uses of water or the prevention of nuisances.”

More Water Code (b) further states “that the SWRCB shall adopt the sediment quality objectives pursuant to the procedures established by this division for adopting or amending water quality control plans. The sediment quality objectives shall be based on scientific information, including, but not limited to, chemical monitoring, bioassays, or established modeling procedures, and shall provide adequate protection for the most sensitive aquatic organisms. The state board shall base the sediment quality objectives on a health risk assessment if there is a potential for exposure of humans to pollutants through the food chain to edible fish, shellfish, or wildlife.”

Project Goals Develop scientifically defensible SQOs that are protective of beneficial uses. Develop policy that’s fair and provides for consistent application throughout the state. Describe methods and tools for assessing sediment quality as part of implementation policy

Key Project Elements Utilize combination of numeric and narrative SQOs to encompass broad range of beneficial uses Develop numeric objectives using regional information Provide implementation policy for different applications Focus on protecting benthic communities/aquatic life using weight of evidence approach

Project Roles SWRCB staff will manage project Scientific activities: SCCWRP, SFEI Moss Landing Marine Labs and UC Davis-MPSL Granite Canyon with input from Scientific, Advisory, and Regulatory Groups Enforcement/Application policy development: SWRCB staff with input from Scientific, Advisory, and Regulatory Groups SWRCB Board members ultimately decide what the policy or plan will contain

Input and Coordination Scientific Steering Committee –Scientist policy developers from USEPA, USACE, NOAA and USGS, and sediment assessment consultants from universities and private sector Stakeholders – Advisory committee Regulators –SWRCB, RWQCB, DFG, DPR, DTSC, SLC, BCDC, CCC and OEHHA Annual Public Workshops

Policy Development and Adoption The process used to adopt sediment quality objectives will be consistent with the adoption of state water quality objectives and generally follow the steps outlined below. Development of Preliminary Draft Objectives and Implementation policy Scoping Meeting Preparation of draft Functional Equivalent Document and Economic Analysis and distribute for comment Public Hearing to Receive Comments on Proposal Summarize Comments and Prepare Responses Revise draft objectives and implementation policy as appropriate, prepare draft final Functional Equivalent Document and reopen public comment period, if necessary State Board workshop to consider revised FED SWRCB Meeting to approve or disapprove the Final Functional Equivalent Document and adopt, reject or amend the objectives and implementation program Submission of the Administrative Record to the Office of Administrative Law Submission of the Final Policy or Plan to U.S. EPA Region IX for final approval

Scientific Approach Steve Bay Principal Scientist Southern California Coastal Water Research Project