ITEM: 19

SUBJECT: CONSIDERATION OF A PROPOSED RESOLUTION TO APPROVE THE 1998 CALIFORNIA SECTION 303(d) LIST AND TOTAL MAXIMUM DAILY LOAD PRIORITY SCHEDULE AND AUTHORIZING THE EXECUTIVE DIRECTOR TO TRANSMIT THE LIST TO U.S. ENVIRONMENTAL PROTECTION AGENCY FOR APPROVAL

DISCUSSION: Section 303(d) of the Federal Clean Water Act (CWA) requires the states to identify waters that do not meet applicable water quality standards with technology-based controls alone. Applicable standards include the designated beneficial uses and the adopted water quality objectives. The list must include a description of the pollutants causing impairment and a priority ranking of the waters for purposes of development of Total Maximum Daily Loads (TMDLs). The TMDL is the maximum load of a pollutant that can be discharged from point and nonpoint sources without exceeding water quality standards.

The states are required to review the Section 303(d) list, make changes as necessary, and submit the list to U.S. Environmental Protection Agency (U.S. EPA) for approval in even-numbered years. California's nine Regional Water Quality Control Boards (RWQCBs), after receiving public comments, have adopted their respective lists for 1998 and submitted them to the State Water Resources Control Board (SWRCB) for consideration.

The combined RWQCB lists of impaired waters are included in Attachment 1. Some of the RWQCB submittals in Attachment 1 also provide information about sources of pollutants and notes concerning aspects of TMDL development. These latter items are not required by CWA Section 303(d).

The requirements to develop and implement TMDLs for all waters and pollutants listed under Section 303(d) can potentially impact many stakeholders, including the dischargers. Partly because of this fact, numerous parties have commented on the appropriateness of the RWQCB lists, and several have objected to parts of the combined lists to be considered by SWRCB.

POLICY ISSUE: Should the SWRCB adopt a proposed resolution that approves the 1998 California Section 303(d) list and TMDL priority schedule, and authorize the Executive Director to transmit the list to U.S. EPA for approval?

FISCAL IMPACT: None

RWQCB IMPACT: Yes. All RWQCBs.

STAFF RECOMMENDATION: That the SWRCB adopt a resolution approving the 1998 California Section 303(d) list and authorizing the Executive Director to transmit the list to U.S. EPA for approval.

Note: The combined RWQCB lists of impaired waters are not available electronically. For copies contact:

Janice Hisao/Division of Water Quality/State Water Resources Control Board/P.O. Box 944213/Sacramento, CA 94244-2130/(916) 657-1114 or FAX (916) 657-2388

May 4, 1998 Draft

WHEREAS:

1. Section 303(d) of the Federal Clean Water Act requires the State to identify surface waters that do not meet applicable water quality standards with technology-based controls alone.

2. The list of waters identified under Section 303(d) must also include a description of the pollutants causing impairment and a priority ranking of the waters for purposes of development of Total Maximum Daily Loads.

3. The Regional Water Quality Control Boards have adopted their respective lists as required under Section 303(d) and submitted those lists to the State Water Resources Control Board (SWRCB).

THEREFORE BE IT RESOLVED:

The SWRCB approves the 1998 California Section 303(d) list of impaired surface waters and authorizes the Executive Director to transmit the list to U.S. Environmental Protection Agency for


CERTIFICATION

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 May 27, 1998.

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Maureen Marché, Administrative Assistant to the Board