California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 22 - State Policy for Water Quality Control › Section 2916 - Water Quality Control Policy for Developing California's Clean Water Act Section 303(d) List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
On September 30, 2004, the State Water Resources Control
				  Board (State Water Board) adopted Resolution No. 2004-0063 adopting the
Water Quality Control Policy for Developing California's Clean Water
				  Act Section
				  303(d)
				  List
(Policy) in accordance with California Water Code section
				  13191.3(a).
The Policy describes the process by which State Water Board
				  and the Regional Water Quality Control Boards (Regional Water Board) will
				  comply with the listing requirements of section
				  303(d) of the
				  federal Clean Water Act. The objective of the Policy is to establish a
				  standardized approach for developing California's section
				  303(d) list in
				  order to achieve the overall goal of achieving water quality standards and
				  maintaining beneficial uses in all of California's surface waters. Total
				  Maximum Daily Loads (TMDLs) will be developed as needed for the waters
				  identified under the provisions of the Policy.
The Policy outlines a weight of evidence approach that
				  provides the decision rules for different kinds of data; an approach for
				  analyzing data statistically; and requirements for data quality, data quantity,
				  and administration of the listing process. Decision rules for listing and
				  delisting are provided for: chemical-specific water quality standards;
				  bacterial water quality standards; health advisories; bioaccumulation of
				  chemicals in aquatic life tissues; nuisance such as trash, odor, and foam;
				  nutrients; water and sediment toxicity; adverse biological response; and
				  degradation of aquatic life populations and communities. The Policy also
				  requires that situation-specific weight of evidence listing or delisting
				  factors be used if available information indicates water quality standards are
				  not attained or attained and the other decision rules do not support listing or
				  delisting. The Policy requires schedules for TMDL development.
The Policy also provides direction related to:
1. The definition of readily available data
				and information.
2. Administration
				of the listing process including data solicitation and fact sheet
				preparation.
3. Interpretation of
				narrative water quality objectives using numeric evaluation
				guidelines.
4. Data quality
				assessments.
5. Data quality
				assessments including water body specific information, data spatial and
				temporal representation, aggregation of data by reach/area, quantitation of
				chemical concentrations, evaluation of data consistent with the expression of
				water quality objectives or criteria, binomial model statistical evaluation,
				evaluation of bioassessment data, and evaluation of temperature data.
On February 23, 2015, the State Water Resources Control Board
				  adopted Resolution No. 2015-0005 amending the
Water Quality Control
				  Policy for Developing California's Clean Water Act Section
				  303(d)
				  List.
The amendment to the Listing Policy includes changes to the
				  process by which data is solicited and assessed, and streamlines public
				  participation and review process. The amendment also includes new information
				  regarding the use of sediment quality objectives.
1. New section
				  summarizing Water Quality Control Policy for Developing California's Clean
				  Water Act Section
				  303(d) List,
				  Resolution No. 2004-0063 adopted 9-30-2004 by the State Water Resources Control
				  Board; approved by OAL and operative 12-13-2004 pursuant to Government Code
				  section
				  11353;
				  filed 12-13-2004 (Register 2004, No. 51).
2. Amendment to summary of
				  Water Quality Control Policy for Developing California's Clean Water Act
				  Section 303(d) List,
				  Resolution 2015-0005 adopted 2-3-2015 by the State Water Resources Control
				  Board; amendments approved by OAL pursuant to Government Code section
				  11353 and
				  filed with the Secretary of State on 5-15-2015; operative 5-15-2015 (Register
				  2015, No. 20).