California Code of Regulations › Title 23 - Waters › Division 4 - Regional Water Quality Control Boards › Chapter 1 - Water Quality Control Plans, Policies, and Guidelines › Article 4 - Los Angeles Region › Section 3939.22 - Basin Plan Amendment to Revise the Early Life Stage Implementation Provision of the Inland Surface Water Ammonia Objectives for Freshwater

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
				  December 1, 2005 the Los Angeles Regional Water Quality Control Board (Los
				  Angeles Water Board) adopted Resolution No. 2005-014, amending the Water
				  Quality Control Plan for the Los Angeles Region (Basin Plan). The amendment
				  revises Chapter 3 "Water Quality Objectives" to revise the Early Life Stage
				  (ELS) implementation provision of the inland surface water ammonia objectives
				  for freshwater. This amendment applies the "ELS absent" 30-day average
				  objective in major water bodies that do not have fish species that reproduce
				  below 15 degrees Celsius. It is below 15 degrees Celsius that the objective
				  varies on the basis of the presence or absence of ELS. The amendment also
				  applies the "ELS absent" provision where physical conditions preclude
				  reproduction and early development in significant numbers (even where fish
				  species that reproduce below 15 degrees Celsius are present). The amendment
				  applies the "ELS present" 30-day average objective to all other water bodies.
Early life stages of fish are presumptively present and
					 must be protected at all times of the year, unless the water body is listed in
					 the table titled, "Water Bodies Subject to 30-day Average Objective Applicable
					 to 'ELS absent' Condition" in the Basin Plan or unless a site-specific study
					 justifies applying the ELS absent condition or a seasonal ELS present
					 condition. Any change in the implementation provision for the ELS
					 present/absent condition, including the assignment of water bodies, must be
					 approved through the Basin Plan amendment process.
If recent data and information are submitted to the Los
					 Angeles Water Board that provide clear and convincing substantial evidence that
					 the physical conditions of a water body listed in the table have changed due to
					 restoration efforts such that the water body is "ELS present," the Los Angeles
					 Water Board shall reconsider this implementation provision to ensure protection
					 of ELS of fish in the water body.
To justify the ELS absent provision, information must be
					 presented regarding fish species distributions, spawning periods, nursery
					 periods, and the duration of ELS found in the water body. Expert opinions from
					 fisheries biologists and other scientists will be considered. Where it can be
					 obtained, a consensus opinion from a diverse body of experts would carry
					 significant weight in determining the presence or absence of the ELS.
					 Information on water body temperature, including spatial, seasonal, and
					 inter-annual variability will also be considered. The determination of when ELS
					 are most likely not to be present under chronic toxic conditions that would
					 affect the long-term success of the fish populations should include adequate
					 scientific justification. The Los Angeles Water Board shall use the record
					 supporting a Basin Plan amendment as the basis upon which to approve or
					 disapprove changes to these implementation provisions for the 30-day average
					 ammonia objective. The Los Angeles Water Board shall ensure that the record
					 clearly explains all the factors and information considered in arriving at the
					 determination. The Los Angeles Water Board shall consider and weigh the breadth
					 and depth of scientific evidence in determining whether to remove the ELS
					 specification of a water body.
Where there is a site-specific ammonia objective for the
					 water body and the water body is not identified as ELS absent due to physical
					 characteristics of the water body, separate implementation provisions to
					 protect ELS of fish may apply, since the temperature threshold at which ELS are
					 more sensitive than invertebrates may change based on these site-specific
					 conditions. The potential for seasonality for all ELS present water bodies will
					 be considered before the ELS provision is applied to water bodies with a
					 site-specific objective.
Notwithstanding anything to the contrary herein, a
					 watershed may have some reaches and tributaries with ELS present conditions and
					 others with ELS absent conditions. Implementation actions to achieve applicable
					 ammonia objectives must implement downstream objectives.
(b) Through Regional Water Board Resolution
				  No. R4-2007-005, adopted June 7, 2007, the Los Angeles Regional Water Quality
				  Control Board amended the Water Quality Control Plan for the Los Angeles Region
				  (Basin Plan). On January 15, 2008, the State Water Resources Control Board
				  approved this amendment under State Board Resolution No. 2008-0004. This
				  amendment incorporates site-specific 30-day average ammonia objectives and
				  corresponding site-specific early life stage implementation provisions to
				  replace the previously applicable regional 30-day average objective for the
				  affected water body reaches. This amendment will not change the regional
				  one-hour average ammonia objective for these water bodies.
1. New
					 section summarizing amendment to basin plan filed 8-31-2006; amendment approved
					 by State Water Resources Control Board Resolution No. 2005-014 on 7-19-2006;
					 amendment approved by OAL pursuant to Government Code section
					 11353 on
					 8-31-2006 (Register 2006, No. 35).
2. New subsection (b) summarizing
					 amendment to basin plan filed 5-12-2008; amendment approved by State Water
					 Resources Control Board Resolution No. 2008-0004 on 1-15-2008; amendment
					 approved by OAL pursuant to Government Code section
					 11353 on
					 5-12-2008 (Register 2008, No. 20).