Sediment Quality Advisory Sediment Quality Advisory Committee MeetingCommittee Meeting

December 13, 2004 December 13, 2004 SacramentoSacramento

Chris BeeganChris Beegancbeegan@waterboards.ca.gov cbeegan@waterboards.ca.gov

916 341 5577916 341 5577

TopicsTopics

SQO Framework SQO Framework

Point Source ApplicationsPoint Source Applications

Dredged Materials and Water Quality CertificationDredged Materials and Water Quality Certification

SQO Framework - BasisSQO Framework - Basis

Based upon MLOEBased upon MLOE

• using the weight of evidence is the most desirable approach for using the weight of evidence is the most desirable approach for assessing the effects of contaminants associated with sediment.assessing the effects of contaminants associated with sediment.

• development of development of sediment management programssediment management programs should be should be planned and implemented to support weight-of-evidence planned and implemented to support weight-of-evidence assessments.assessments.

USEPA 2004 USEPA 2004 The Incidence and Severity of Sediment The Incidence and Severity of Sediment Contamination in Surface Waters of the United States National Contamination in Surface Waters of the United States National Sediment Quality Survey Second EditionSediment Quality Survey Second Edition EPA-823-R-04-007 EPA-823-R-04-007 http://www.epa.gov/waterscience/cs/

Type of ObjectivesType of Objectives Narrative Objectives for Direct and Indirect Effects SQOs.Narrative Objectives for Direct and Indirect Effects SQOs.

Sediment indicators and guidelines in use today are not perfect.Sediment indicators and guidelines in use today are not perfect.

Narrative SQOs provide an appropriate basis for implementing a Narrative SQOs provide an appropriate basis for implementing a MLOEMLOE

• Indicator specific objectives could cause misuse (SLOE) or Indicator specific objectives could cause misuse (SLOE) or inappropriate application. inappropriate application.

• May be easier to update tools and thresholds in future if May be easier to update tools and thresholds in future if necessary. necessary.

Proposing Narrative SQOsProposing Narrative SQOs

1.1. To be proposed for adoption draft policy must have appropriate To be proposed for adoption draft policy must have appropriate thresholds and methodology to implement the narrative SQO. thresholds and methodology to implement the narrative SQO.

2.2. Can propose numeric SQOs as an alternative in the FED.Can propose numeric SQOs as an alternative in the FED.

SQO Framework – Narrative SQO Framework – Narrative SQOsSQOs

1.1. Example of Narrative Objective for Direct EffectsExample of Narrative Objective for Direct Effects

Sediment quality shall be maintained at a level that Sediment quality shall be maintained at a level that protects benthic communities from degradation or protects benthic communities from degradation or toxicity do to exposure to bio-available pollutants in toxicity do to exposure to bio-available pollutants in bottom sediments. To determine if a station is in bottom sediments. To determine if a station is in compliance with this objective, a multiple line of compliance with this objective, a multiple line of evidence approach shall be applied using the evidence approach shall be applied using the thresholds and decision matrix described in Section thresholds and decision matrix described in Section X.X.X.X of the policy…………… X.X.X.X of the policy……………

SQO FrameworkSQO Framework

1.1. Must apply MLOE before any conclusion can be made.Must apply MLOE before any conclusion can be made.

2.2. Thresholds will be provided for each indicator.Thresholds will be provided for each indicator.

3.3. Station Results compared to thresholds using a point system and Station Results compared to thresholds using a point system and scored.scored.

4.4. MLOE points summed and used to make station level determination. MLOE points summed and used to make station level determination. Example: Example: Unimpaired (0 – 1 points)Unimpaired (0 – 1 points)

Likely unimpaired (2 – 3 points)Likely unimpaired (2 – 3 points)Likely impaired (4 – 6 points)Likely impaired (4 – 6 points)Clearly impaired (7 – 9 points)Clearly impaired (7 – 9 points)

Policy ContentPolicy Content

Policy Options:Policy Options: The policy could be considered complete if narrative objective can be The policy could be considered complete if narrative objective can be

implemented and a station level determination made.implemented and a station level determination made. RWQCBs would use existing policies to implement Narrative SQOs RWQCBs would use existing policies to implement Narrative SQOs

(SIP/CTR, 303(d) Policy) or…. (SIP/CTR, 303(d) Policy) or…. Or SWRCB staff prepare limited program specific guidance, Or SWRCB staff prepare limited program specific guidance, Regardless of approach RWQCBs have independent authority to do Regardless of approach RWQCBs have independent authority to do

what needs to be done…….SWRCB cannot prevent RWQCB from what needs to be done…….SWRCB cannot prevent RWQCB from developing effluent limits to protect water quality and beneficial uses developing effluent limits to protect water quality and beneficial uses within their regions. within their regions.

Point SourcesPoint Sources

FrameworkFramework Clean Water Act/California Water CodeClean Water Act/California Water Code Policy for Implementation of Toxics Standards for Inland Surface Policy for Implementation of Toxics Standards for Inland Surface

Waters, Enclosed Bays, and Estuaries of CaliforniaWaters, Enclosed Bays, and Estuaries of California California Toxics RulesCalifornia Toxics Rules Water Quality Control Policy for Enclosed Bays and EstuariesWater Quality Control Policy for Enclosed Bays and Estuaries

EPA DirectionEPA Direction 1991 1991

• EPA TSD March 1991 (EPA/505/2-90-001). SQOs could be used to EPA TSD March 1991 (EPA/505/2-90-001). SQOs could be used to establish permit limits to ensure that uncontaminated sediments remain establish permit limits to ensure that uncontaminated sediments remain uncontaminated or sediments already contaminated have an uncontaminated or sediments already contaminated have an opportunity to cleanse themselves. This would occur only after opportunity to cleanse themselves. This would occur only after criteria and the means to tie point sources to sediment deposition are criteria and the means to tie point sources to sediment deposition are developed.developed.

EPA DirectionEPA Direction 1998 1998EPA’s Contaminated Sediment Management Strategy. April 1998 EPA’s Contaminated Sediment Management Strategy. April 1998 EPA-823-R-98001EPA-823-R-98001

• NPDES permit limits are derived from State water quality standards, NPDES permit limits are derived from State water quality standards, which in turn may be derived from EPA’s water quality criteria. Once which in turn may be derived from EPA’s water quality criteria. Once EPA publishes sediment quality criteria…..EPA intends to recommend EPA publishes sediment quality criteria…..EPA intends to recommend that the States use these numerical chemical criteria, which are that the States use these numerical chemical criteria, which are guidance, along with appropriate test endpoints for chronic sediment guidance, along with appropriate test endpoints for chronic sediment bioassays…in interpreting their narrative criteria, e.g., of “no toxics in bioassays…in interpreting their narrative criteria, e.g., of “no toxics in toxic amounts.” NPDES permit limits would toxic amounts.” NPDES permit limits would continuecontinue to be based on to be based on applicable water quality standards…….OST, in coordination with the applicable water quality standards…….OST, in coordination with the OWM, is OWM, is developingdeveloping sediment based modeling tools for use in sediment based modeling tools for use in calculating NPDES permit limitscalculating NPDES permit limits and TMDLs. and TMDLs.

NPDES PermitsNPDES Permits

New and Revised NPDES Permitees would be required to monitor New and Revised NPDES Permitees would be required to monitor sediments in accordance with SQOs policy sediments in accordance with SQOs policy

Targeted sampling scheme accounting for hydrodynamic regime, Targeted sampling scheme accounting for hydrodynamic regime, outfall design and orientation and proximity to sensitive habitats…outfall design and orientation and proximity to sensitive habitats…

Many point sources dischargers are performing sediment quality Many point sources dischargers are performing sediment quality assessments as part of regional monitoring program or as a permit assessments as part of regional monitoring program or as a permit condition.condition.

NPDES Permits ContinuedNPDES Permits Continued

SQO DeterminationSQO Determination

Does sediment in vicinity of outfall meet narrative objectives?Does sediment in vicinity of outfall meet narrative objectives?

• Minimum number of stations required to make assessment.Minimum number of stations required to make assessment.• Number of stations required to exceed objective Number of stations required to exceed objective (10% (10%

suggested for 303(d) assessment) suggested for 303(d) assessment)

Ideally point source assessment strategy should attempt to be Ideally point source assessment strategy should attempt to be consistent with other sediment assessment programs as possible for consistent with other sediment assessment programs as possible for ease of implementation. ease of implementation.

NPDES Permits Continued NPDES Permits Continued

Determination MadeDetermination Made Application of SQO/MLOE Policy sediment meets all narrative Application of SQO/MLOE Policy sediment meets all narrative

objectives.objectives.

– Follow up activities; routine monitoring Follow up activities; routine monitoring

– Sediments around outfall consistently meet narrative objectives Sediments around outfall consistently meet narrative objectives reduce monitoring frequency reduce monitoring frequency

Application of SQO/MLOE Policy sediment does Application of SQO/MLOE Policy sediment does notnot meet narrative meet narrative objectives. objectives.

– Follow-up studies and information gatheringFollow-up studies and information gathering

NPDES Permits Continued NPDES Permits Continued SQOs exceeded, follow-up studiesSQOs exceeded, follow-up studies

Additional studies and information gathering requiredAdditional studies and information gathering required

– Determine if impact is related to outfall using gradient analysis Determine if impact is related to outfall using gradient analysis regional monitoring data, TIEs, equilibrium partitioning regional monitoring data, TIEs, equilibrium partitioning coefficients.coefficients.

– Determine if impact is related to effluent currently being Determine if impact is related to effluent currently being discharged. discharged.

– Identify Stressors/Identify Stressors/

– Determine extent of area impactedDetermine extent of area impacted Studies should be scaled to the threat to water body, size of discharge Studies should be scaled to the threat to water body, size of discharge

NPDES Permits Continued NPDES Permits Continued Controlling Effluent Controlling Effluent Reduce pollutant in influent or in stormwater Reduce pollutant in influent or in stormwater Optimize plant to remove pollutantOptimize plant to remove pollutant Develop more stringent effluent limits. Develop more stringent effluent limits.

– Identify fraction of pollutant that bio-available. Identify fraction of pollutant that bio-available.

– Support mass based limits. Support mass based limits. Other Alternatives: Other Alternatives:

– Sediment Management ZonesSediment Management Zones• Limited Duration (ten years?)Limited Duration (ten years?)

• Limit Level of Impairment (range of uncertainty?) Limit Level of Impairment (range of uncertainty?)

NPDES Permits Continued NPDES Permits Continued

P r o tec ted

L ik e ly Un im p air ed

L ik e ly I m p air ed

I m p air ed

Hig h ly I m p air ed

Example of Limiting Level of Impairment in SedimentExample of Limiting Level of Impairment in Sediment

NPDES Permits Continued NPDES Permits Continued Sediment Cleanup – Risk Assessment Approach Sediment Cleanup – Risk Assessment Approach Later Meeting TopicLater Meeting Topic Existing programs; detailed guidance available. Existing programs; detailed guidance available. Other Agencies involved; DFG, DTSC, EPA, NOAA, and F&WSOther Agencies involved; DFG, DTSC, EPA, NOAA, and F&WS Establishing Cleanup LevelsEstablishing Cleanup Levels Resolution No. 92-49Resolution No. 92-49

NPDES Permits Continued NPDES Permits Continued Issues that the Advisory Committee may want to address related to Issues that the Advisory Committee may want to address related to point sources: point sources:

– General Issues or ConcernsGeneral Issues or Concerns

– Traditional NPDES Point SourcesTraditional NPDES Point Sources

– NPDES Stormwater Point Sources NPDES Stormwater Point Sources

DredgingDredgingPorter-Cologne Water Quality Control ActPorter-Cologne Water Quality Control Act Section 13396Section 13396.. The state and regional boards shall not grant approval for a dredging The state and regional boards shall not grant approval for a dredging

project that involves the removal or disturbance of sediment which project that involves the removal or disturbance of sediment which contains pollutants at or above the sediment quality contains pollutants at or above the sediment quality objectives….unless the board determines all of the objectives….unless the board determines all of the following………………… following…………………

DredgingDredgingSection 13396Section 13396. .

(a)(a) The polluted sediment will be removed in a manner that prevents The polluted sediment will be removed in a manner that prevents or minimizes water quality degradation.or minimizes water quality degradation.

(b) (b) Polluted dredge spoils will not be deposited in a location that Polluted dredge spoils will not be deposited in a location that may cause significant adverse effects to aquatic life, fish, may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the receiving waters, or does not create maximum benefit to the people of the state.people of the state.

(c) (c) The project or activity will not cause significant adverse impacts The project or activity will not cause significant adverse impacts upon a federal sanctuary, recreational area, or other waters of upon a federal sanctuary, recreational area, or other waters of significant national importance.significant national importance.

Dredging Dredging Program DifferencesProgram Differences

SWRCBSWRCB Program is intended to assess beneficial use protection Program is intended to assess beneficial use protection

Focuses on the biologically active layerFocuses on the biologically active layer

The MLOE approach utilizes tools, methods and thresholds develop The MLOE approach utilizes tools, methods and thresholds develop within and for specific water bodies (bays and estuaries). within and for specific water bodies (bays and estuaries).

Dredging Dredging Program DifferencesProgram Differences

USACE/EPA USACE/EPA

Designed to assess average bulk properties of a sedimentDesigned to assess average bulk properties of a sediment

Determine appropriate method of disposal or reuseDetermine appropriate method of disposal or reuse

Assess potential effects caused by the dredging and disposal actionAssess potential effects caused by the dredging and disposal action– Are precautions necessary to protect aquatic life from pollutants Are precautions necessary to protect aquatic life from pollutants

mobilized by activity mobilized by activity

Inland and Ocean Testing Manuals Inland and Ocean Testing Manuals – Tiered ApproachTiered Approach– MLOE; similarities/differencesMLOE; similarities/differences

Dredging Dredging

San Francisco Bay DMMO; USACE, EPA, BCDC, SFRWQCB, SLC San Francisco Bay DMMO; USACE, EPA, BCDC, SFRWQCB, SLC coordinate management of dredged materials for Sites coordinate management of dredged materials for Sites SF-9 SF-9 (Carquinez Strait), SF-10 (San Pablo Bay), and SF-11 (Alcatraz (Carquinez Strait), SF-10 (San Pablo Bay), and SF-11 (Alcatraz Island).Island).

Los Angeles Contaminated Sediments Task Force; USACE, EPA, Los Angeles Contaminated Sediments Task Force; USACE, EPA, LARWQCB, Coastal Commission, develop long term management LARWQCB, Coastal Commission, develop long term management planplan

Dredging Dredging

Where could SWRCB policy help?Where could SWRCB policy help?

Management of Dredging ActivityManagement of Dredging Activity

In bay disposal sites versus open water disposalIn bay disposal sites versus open water disposal

Post dredge conditions: Puget Sound…. Post dredge conditions: Puget Sound….