ITEM: 2

SUBJECT: CONSIDERATION OF APPROVAL OF A NUNC PRO TUNC AMENDMENT TO THE WATER QUALITY CONTROL PLAN FOR THE SAN FRANCISCO BAY BASIN (BASIN PLAN)

DISCUSSION: In June 1995 the California Regional Water Quality Control Board, San Francisco Bay Region (SFBRWQCB) adopted a major revision of the entire Basin Plan that resulted in the first consolidated and updated publication of the Basin Plan since 1986. The Basin Plan was approved by the State Water Resources Control Board (SWRCB) in July 1995, and the Office of Administrative Law (OAL) in November 1995.

Great effort was devoted to making the document accurate, however, a few unintentional drafting errors have been found in the June 1995 amendment. For example, the table listing the surface waters and their beneficial uses inadvertently omitted the portion of the Sacramento-San Joaquin River Delta that is within the San Francisco Bay basin, and a document and several equations were not cited correctly. On April 16, 1997, the SFBRWQCB adopted Resolution No. 97-058 (Attachment 1) to retroactively correct these errors.

This Basin Plan amendment was presented to the SWRCB at its August 6, 1997 Workshop. Consideration of approval of the amendment was delayed at the request of Dow Chemical Company based upon their contention that the corrections were substantive rather than unintentional drafting errors. The SWRCB Office of Chief Counsel staff reviewed the Basin Planning record and Dow Chemical Company's comments, and concluded that the amendments are clerical corrections; and thus the Nunc Pro Tunc action by the SFBRWQCB was appropriate (Attachment 2).

POLICY ISSUE: Should the SWRCB approve the Nunc Pro Tunc Basin Plan amendment adopted by the SFBRWQCB under Resolution No. 97-058?

FISCAL IMPACT: SWRCB and SFBRWQCB staff work associated with this action can be accommodated within budgeted resources.

RWQCB IMPACT: Yes, SFBRWQCB.

STAFF RECOMMENDATION: That the SWRCB:

1. Approve the Nunc Pro Tunc Basin Plan amendment adopted by the SFBRWQCB under Resolution No. 97-058.

2. Direct the SWRCB staff to transmit the approved Nunc Pro Tunc Basin Plan amendment to the OAL and U.S. Environmental Protection Agency.

Note: SFBRWQCB Resolution No. 97-058 is not available electronically. For copies, contact: Joanne Cox/Division of Water Quality/SWRCB/P.O. Box 944213/Sacramento, CA 94244-2130/(916) 657-0659 or FAX (916) 654-8375

FEBRUARY 10, 1998 DRAFT

WHEREAS:

1.	The California Regional Water Quality Control Board, San Francisco Bay Region (SFBRWQCB), adopted a revised Water Quality Control Plan (Basin Plan) in June 1995, which was approved by the State Water Resources Control Board (SWRCB) in July 1995 and the Office of Administrative Law (OAL) in November 1995.
2.	On April 16, 1997, the SFBRWQCB adopted Resolution No. 97-058 (Attachment 1) as a Nunc Pro Tunc amendment correcting unintentional drafting errors found in the Basin Plan.
3.	The SFBRWQCB is not required to file documentation in accordance with the California Environmental Quality Act (CEQA), since Nunc Pro Tunc amendments do not qualify as a project under CEQA (Public Resources Code, Section 21065).
4.	The SFBRWQCB Resolution No. 97-058 was adopted in accordance with State laws and regulations.
5.	Basin Plan amendments do not become effective until approved by the SWRCB and until regulatory provisions are approved by OAL.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1.	Approves the Nunc Pro Tunc Basin Plan amendment adopted by the SFBRWQCB under Resolution No. 97-058.
2.	Directs the SWRCB staff to transmit the approved Nunc Pro Tunc Basin Plan amendment to the OAL and the U.S. Environmental Protection Agency.

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 February 19, 1998.

Maureen Marché

Administrative Assistant to the Board