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Rolling Back Water Quality Protection in California?
Wednesday, March 17, 2004
The San Gabriel River may receive less protection under a revised water quality policy proposed by the State Water Resources Control Board.
The San Gabriel River may receive less protection under a revised water quality policy proposed by the State Water Resources Control Board.
The State's proposed 303(d) listing policy would reduce water quality protection and clean-up of impaired waterbodies

Heal the Bay recently joined forces with 14 other environmental groups to send a clear message to the State Water Resources Control Board about protecting and cleaning up California's impaired waters. The reason for this combined effort is the State is re-writing their policy on how waterbodies are placed on to the official “clean-up list.”

The "cleanup-up list" is required by section 303(d) of the federal Clean Water Act. Under section 303(d), each state in the country must develop a list of every lake, river, beach and bay that is impaired by any kind of pollutant. This "clean-up list" of polluted waterbodies is known as the 303d list. In addition, the law requires new pollution regulations, called total maximum daily loads (or TMDL's...see sidebar on right), to be written for all waterbodies that are included on a state's 303d list.

The changes that California is proposing in its draft 303(d) listing policy would make it much harder to put waterbodies on the State's 303d list, and easier to take them off, even before they are cleaned up. That’s why Heal the Bay and the 14 other environmental groups wrote a strong letter to the State, explaining the scientific and legal flaws in the proposed new policy.

The letter leaves no question about the right way to decide on listing impaired waterbodies in California. Specifically, Heal the Bay critiqued the State’s statistical methods for determining if there is too much pollution in a waterbody because they were too lenient. Heal the Bay also suggested better ways for the State to deal with useful data such as the Stream Team’s invertebrate surveys in Malibu Creek (see top sidebar on right for a summary of our technical critique of the policy).

The 303d list, also known as the Clean Water Act's "safety net", must ensure clean up of waters that are already degraded and protect water quality from future degradation. This is the mission of the California State Water Resources Control Board, and a strong coalition of environmental groups is making sure they carry it out.

For more information, send e-mail, or 800-HEAL-BAY.

Critique of Draft Policy
Heal the Bay's critique of the State's draft 303(d) listing policy:
•  Creates new categories within the 303d list that exempt some waterbodies from adhering to new pollution limits (TMDLs).
•  Uses a statistical procedure for analysing water quality data that is too lenient and will allow impaired waters to remain unlisted.
•  Eliminates the use of narrative standards and some important biological data.
Comment Letter
View the letter that was sent to the State by Heal the Bay and 14 other environmental groups:
PDF file Comments on SWRCB, "Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List"
1.68MB PDF file
The document above requires the free Adobe Acrobat Reader to view and print.
About TMDL's
•  TMDL = Total Maximum Daily Load
•  TMDLs are numeric limits that dictate how much of a particular pollutant a particular waterbody can receive and still meet Clean Water Act standards.
•  TMDLs were established in the 1972 Clean Water Act. The law requires TMDLs to be developed for all impaired waters (i.e. waterbodies on the 303(d) list).
•  Developing TMDLs is decades overdue, but due to a recent legal settlement between the EPA, Heal the Bay and others, TMDLs are finally being set for hundreds of pollutants in hundreds of waterways in the Los Angeles region.
Related
This website:
•  Stream Team
Other websites:
•  EPA TMDL Program 
•  EPA Clean Water Act



This page last updated on Thursday, October 11, 2007


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