WHEREAS:

1. The Water Quality Control Plan for Ocean Waters of California (Ocean Plan) was adopted by the State Water Resources Control Board (SWRCB) in 1972 and amended in 1978, 1983, 1988 and 1990.

2. The SWRCB is responsible for reviewing Ocean Plan water quality standards and for modifying and adopting standards in accordance with Section 303(c)(1) of the Federal Clean Water Act and Section 13170.2 of the California Water Code (CWC).

3. The SWRCB initiated a public review of the Ocean Plan in 1991, including a public hearing, and adopted a workplan in 1992 for considering issues identified in the comments received.

4. The SWRCB staff reviewed the higher priority issues, selected several for analysis in accordance with the workplan, and is now proposing amendments to the Ocean Plan based on two of these selected issues.

5. The proposed amendments consist of:

a. Revision of the current Ocean Plan list of critical life stage protocols used in testing the toxicity of waste discharges.

b. Minor changes in terminology to make the Ocean Plan easier to understand and implement.

6. The SWRCB prepared and circulated a draft Functional Equivalent Document in accordance with provisions of the California Environmental Quality Act and Title 14, California Code of Regulations 15251(g).

7. The SWRCB held a public hearing in Sacramento, California on August 23, 1995 and has carefully considered all testimony and comments received on this matter and has determined that the adoption of the proposed Ocean Plan amendments will not have a significant adverse effect on the environment.

8. The SWRCB staff has prepared a final draft of the Functional Equivalent Document, Attachment "A" to this resolution, which includes the specific proposed amendments to the Ocean Plan, responses to the comments received, and a progress report on the other issues identified in the 1992 workplan.

9. The SWRCB has considered relevant management agency agreements in accordance with CWC Section 13170.1.

10. The SWRCB consulted with the Department of Fish and Game (DFG) on the potential impacts of the amendments on fish and wildlife resources, including threatened or endangered species. The DFG found that the proposed amendments will not jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of such species.

11. Amendments to SWRCB Water Quality Control Plans do not become effective until regulatory provisions are approved by the Office of Administrative Law (OAL).

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Approves the proposed amendments to the Ocean Plan, as described in Attachment "A", which will:

a. Revise the current Ocean Plan list of critical life stage protocols used in testing the toxicity of waste discharges.

b. Make minor changes in terminology to make the Ocean Plan easier to understand and implement.

2. Approves the draft final Functional Equivalent Document, identified as Attachment "A" to this resolution, which includes the responses to comments received and a progress report on other issues related to the Ocean Plan.

3. Agrees that within three years after DFG notifies the SWRCB that specific water bodies support threatened or endangered species and that scientific evidence indicates that certain existing water quality objectives for these water bodies do not adequately protect such species, the SWRCB shall determine whether these objectives are adequately protective. In cases where such existing objectives do not provide adequate protection for threatened and endangered species, the SWRCB shall develop and adopt adequately protective site-specific objectives for these constituents.

4. Authorizes the SWRCB Executive Director to sign the Certificate of Fee Exemption identified as Attachment "B" to this resolution.

5. Authorizes the SWRCB staff to submit the approved amended Ocean Plan to the U.S. Environmental Protection Agency and the OAL for their approval.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on March 20, 1997.

/s/ ______________________________
Maureen Marché
Administrative Assistant to the Board