HomeMy WebLinkAbout06 - Copper-Free Boat Bottom PaintsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
John Kappeler, Code and Water Quality Enforcement Manager
949 - 644 -3218, jappeler@newportbeachca.gov
SUBJECT: Resolution 2010 -: Copper -Free Boat Bottom Paints
ISSUE:
Should the City adopt a resolution endorsing a program to encourage the use of copper -
free boat bottom paints?
RECOMMENDATION:
Adopt Resolution 2010 -.
DISCUSSION:
Background:
Newport Bay is an impaired water body per §303(d) of the federal Clean Water Act. As
such, the US Environmental Protection Agency (US EPA) and the State Water
Resources Control Board (SWRCB) via the California Regional Water Quality Control
Board, Santa Ana Region (Regional Board) is directed to prepare "total maximum daily
loads" (TMDLs). A TMDL is a management plan to eliminate a water quality impairment
within a certain amount of time. Newport Bay is listed on the §303(d) List for the
following substances:
• Sediment
• Nutrients
• Fecal Coliform bacteria
• Toxic Pollutants (including Metals)
The Toxic Pollutants TMDL for Newport Bay was promulgated in June 2002 by USEPA,
and a separate Metals TMDL is currently under development. Metals shown to exceed
the California Toxics Rule (CTR) values in Lower Newport Bay include Copper (Cu),
Resolution Copper -Free Boat Bottom Paints
June 8, 2010
Page 2
Mercury (Pb) and Zinc (Zn). Recent Studies have shown that metals are present in
Newport Bay at levels that raise concerns for the health of the bay ecosystem.
Copper and other metals are known to be toxic to fish and other aquatic species. It is
suspected that antifouling boat paints are a source of copper to the Lower Bay. These
paints are designed to leach copper into the water, mostly as cuprous oxide, to reduce
the fouling of boat bottoms with barnacles and algae. The leaching of copper from
antifouling boat paints is well documented, and has been quantified in a study by the
Southern California Coastal Water Research Project (SCCWRP). Additionally, in 2007
the Newport Marinas Metals Study funded by a Regional Board grant (administered by
the City of Newport Beach via City Council Resolutions 2005 -22 and 2006 -60)
documented that copper from boat bottom paints is elevating copper levels in the water
column and sediments in Newport Bay.
Boatyards are another potential source of copper to Newport Bay since boat hulls are
cleaned, scraped and sandblasted, and there is a potential for discharge into the Bay
(although a no discharge rule is in effect via the State Board's General Industrial
Stormwater Permit). According to USEPA marina data, higher levels of copper have
been found near maintenance area drains and fuel docks than at other locations,
suggesting that maintenance areas and fueling stations are sources of metals to the
water and good targets for pollution prevention practices. Other metals such as lead,
arsenic, zinc, mercury, nickel, lead, chromium, and tin have many functions in boat
operation, maintenance and repair. Common metal containing products used in boat
activities include gasoline, anti - fouling paints, pesticides and wood preservatives.
Metals can enter the waterways during uncontrolled pressure washing, painting,
antifouling or fueling activities. Metals in the water may adsorb to suspended particles
and settle, form salt precipitates, or be flushed out of the marina. Benthic organisms
that lie in the sediment may ingest these metals and filter feeders, such as mollusks,
may accumulate metals from the water. In addition, sediments may be resuspended
and release metals back into the water.
An additional source of metals to Newport Bay is urban runoff which may enter the Bay
via storm drains or surface runoff. Metal inputs to the Bay from stormwater inputs can
be significant in winter. Dozens of storm drains empty into Newport Bay (over 200
smaller storms drains to Lower Newport Bay) and studies show high metal
concentrations around storm drains in the Rhine Channel section of the Bay.
Recently, the State Water Resources Control Board, working through its Regional
Board (Region #8) funded the Newport Bay Copper Reduction Project. This project
encourages boaters to voluntarily switch from copper boat bottom paints to non copper 1
non toxic alternatives. The project consists of two components:
Resolution Copper -Free Boat Bottom Paints
June 8, 2010
Page 3
1. A bay -wide education program to inform boaters of the environmental concerns
related to copper in Newport Bay and provide information on available non
copper / non toxic boat bottom paint alternatives.
2. Provide a financial incentive program for boaters in the Balboa Yacht Basin
Marina (pilot project area) to assist in voluntarily switching to non copper / non
toxic boat bottom paints, and institute a monitoring program to document the
effects of the project.
Lastly, the Regional Board sent the Newport Beach City Manager a letter of support
encouraging the adoption of this resolution.
Committee Action:
The Orange County Coastkeeper (working jointly with the Regional Board on the
Newport Bay Copper Reduction Project) provided an update and a copy of the
proposed resolution to the Coastal / Bay Water Quality — Citizens Advisory Committee
at their May 13, 2010 meeting. The committee endorses the resolution and
recommends City Council approval.
Prepared by:
Jo <appeler
Code & WQ Enforcement Manager
Submitted by:
i"uV '-/
Sharon Wood
Assistant City Manager
Attachments: Resolution 2005 -22
Resolution 2006 -60
Regional Board - Letter of Support
Resolution 2010-
RESOLUTION NO. 2005-.22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
TO PERFORM A COPPER STUDY OF NEWPORT BAY
WHEREAS, Newport Bay is an impaired water body under the Federal Clean
Water act for four categories of pollutants — sediment, nutrients, fecal Coliform, and
toxic pollutants; and
WHEREAS, as an impaired water body, the Bay is subject to the creation and
implementation of daily limits of these pollutants and plans to achieve certain water
quality goals within a time certain; and
WHEREAS, these limits and plans are called Total Maximum Daily Loads
(TMDL); and
WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002
and contains limits on pollutants like pesticides and metals; and
WHEREAS, one of the metal pollutants of concern is copper (Cu), deposited in
the bay's waters by antifouling paints, brake dust, and stormwater sources; and
WHEREAS, the State Water Resources Control Board, as a part of implementing
the Toxic Pollutants TMDL, has directed and agreed to fund a Copper Study to examine
inputs of copper to the Bay and the transport of copper across the Bay ecosystem; now,
therefore be it
RESOLVED by the City Council of the City of Newport Beach, that it hereby
authorizes the City Manager or his designee to execute a grant agreement or contract
with the State Board or its Regional Board to conduct a Copper Study of up to $75,000;
and be it further
RESOLVED that the City staff is hereby authorized to assist the Board in
preparing and collecting the necessary data, conducting investigations, or entering into
contracts with entities up to $75,000 to perform sampling and /or analysis relating to this
Study.
ADOPTED this 26" day of April, 2005.
ATTEST:
L4VONNE HARKLESS
City Clerk
STEVE BROMBERG
Mayor of Newport Beach
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LaVonne -2. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2005 -22 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
26th day of April 2005, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of April 2005.
(Seal)
oi(" M-
City Clerk
Newport Beach, California
RESOLUTION NO. 2006- 60
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AUTHORIZING THE CITY TO AMEND A CONTRACT WITH THE
STATE WATER RESOURCES CONTROL BOARD OR THE REGIONAL BOARD
RELATING TO A COPPER STUDY OF NEWPORT BAY
WHEREAS, Newport Bay is an impaired water body under the Federal Clean
Water act for four categories of pollutants - sediment, nutrients, fecal Coliform, and
toxic pollutants; and
WHEREAS, as an impaired water body, the Bay is subject to the creation and
implementation of daily limits of these pollutants and plans to achieve certain water
quality goals within a time certain; and
WHEREAS, these limits and plans are called Total Maximum Daily Loads
(TMDL); and
WHEREAS, the Toxic Pollutants TMDL was adopted for Newport Bay in 2002
and contains limits on pollutants like pesticides and metals; and
WHEREAS, one of the metal pollutants of concern is copper (Cu), deposited in
the bay's waters by antifouling paints, brake dust, and stormwater sources; and
WHEREAS, the State Water Resources Control Board, as a part of
implementing the Toxic Pollutants TMDL, has directed and agreed to fund a Copper
Study to examine inputs of copper to the Bay and the transport of copper across the
Bay ecosystem; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach, that it hereby
authorizes the City Manager or his designee to execute a grant agreement or contract
with the State Board or its Regional Board to conduct a Copper Study of up to
$90,000; and be it further
RESOLVED that the City staff is hereby authorized to assist the Board in
preparing and collecting the necessary data, conducting investigations, or entering
into contracts with entities up to $90,000 to perform sampling and /or analysis relating
to this Study.
ADOPTED this 11" day of July, 200
Mayor
ATTEST:
City Clerk
I
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
i
hereby certify that the whole number of members of the City Council is seven; that the foregoing
C
resolution, being Resolution No. 2006 -60 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
11th day of July 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Daigle, Nichols, Mayor Webb
Noes: None
Absent: Ridgeway
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and af6ed the
official seal of said City this 12th day of July 2006. yQ
OF NE�g. C/!'t -�V rLM.E.� /17
'
City Clerk
U Newport Beach, California
i
(Seal) `uaHt�
F
•c`, California Regional Water Quality Control Board
�. Santa Ana Region Adams 3737 Main Street, Suite 500, Riverside, California 92501 -3348
ary for
al Prowcoon
May 25, 2010
Linda S
Secret
Environment
Phone (951) 782 -4130 •FAX (95l) 781 -6288 • TDD (951) 782 -3221 Arnold Schwarzenegger
www.waterboards.ca.gov /santaana Governor
Mr. David Kiff
City Manager
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
CITY OF NEWPORT BEACH RESOLUTION SUPPORTING THE USE OF
NONTOXIC, COPPER -FREE BOAT BOTTOM PAINTS
Dear Mr. Kiff,
The staff of the Santa Ana Regional Water Quality Control Board (Regional Water
Board) supports the proposed resolution by the City of Newport Beach that encourages
boaters to decrease their use of copper -based boat paints in Newport Bay, and instead
utilize nontoxic, copper -free boat paints. This resolution will support the implementation
of the 2002 Newport Bay metals TMDLs, promulgated by the U.S. Environmental
Protection Agency, and the revised metals TMDL under development by Regional
Water Board staff. We commend the City for its proactive water quality stewardship by
encouraging the use of nontoxic, copper -free boat paints that will decrease the loading
of copper into Newport Bay.
The widespread use of copper -based boat paints has resulted in the exceedances of
the dissolved copper saltwater criteria specified in the California Toxics Rule (CTR) and
aquatic toxicity in bays with marinas throughout California. The CTR criteria for copper
were established at a concentration that protects sensitive aquatic species from toxic
effects. The 2002 Toxics TMDL for Newport Bay determined that dissolved copper in
the Bay exceeded the CTR saltwater criteria and that copper -based boat paints were
the largest contributors of dissolved copper ( >50,000 Ibs copper per year). Reducing
and, ultimately, eliminating the use of copper -based boat paint should also reduce
toxicity to aquatic organisms in the Bay.
In addition to decreasing the use of copper -based boat paints, the resolution calls for
the use of nontoxic, copper -free paints. Paints with other biocides (non- copper but not
nontoxic paints) include metals and organic biocides that accumulate in water and
sediments, and may be harmful to aquatic organisms. Tributyl tin was banned many
years ago due to its harmful effects on the environment; now the widespread use of
copper boat paints is causing water quality impairments. The City's proposed resolution
to use nontoxic, copper -free boat paints is both prudent and farsighted in that paints that
California Environmental Protection Agency
%0 Recycled Paper
I=
Mr. David Kiff - 2 - May 25, 2010
contain other toxics such as zinc or organic biocides will not be substituted for copper
paints, and will not then cause or contribute to the impairment of Newport Bay in the
future.
We thank you for your efforts to develop this resolution and the City's continued
commitment to address water quality issues in Newport Bay.
Sincerely,
)!�j v 3Lto
Gerard J. Thibeault
Executive Officer
Santa Ana Regional Water Quality Control Board
cc: Regional Board
California Environmental Protection Agency
• Recycled Paper
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ENDORSING A PROGRAM TO ENCOURAGE THE USE OF
COPPER -FREE BOAT BOTTOM PAINTS
WHEREAS, the natural beauty of the bay contributes to our local economic
vitality and maintaining healthy marine habitats in Newport Harbor strengthens
the bay's value; and
WHEREAS, elevated copper concentrations in harbors can adversely impact
aquatic life; and
WHEREAS, a comprehensive study in San Diego Bay showed that copper
from boat bottom paints in Shelter Island Marina made up 98 percent of the total
copper load; and
WHEREAS, the Department of Pesticide Regulation will be conducting a
reevaluation of copper boat paints based on a statewide marina study, the
Newport Bay marina study and the San Diego Bay marina study which showed
that water toxicity was related to copper concentrations that exceeded water
quality criteria; and
WHEREAS, EPA demonstrated that bottom boat paints are the largest
contributor of copper to Newport Bay with an estimated discharge of more than
50,000 pounds of copper a year (Newport Bay Toxics TMDL); and
WHEREAS, Newport Harbor is listed as an impaired water body under
Section 303(d) of the Clean Water Act due in part to exceedences of the dissolved
copper in saltwater and excessive copper concentrations in the sediment; and
WHEREAS, the California Regional Water Quality Control Board, Santa Ana
Region is in the process of developing a Total Maximum Daily Load (TMDL) for
Newport Harbor that would set daily limits on copper inputs to the Harbor,
require a clean -up program to decrease copper concentrations in Newport Bay,
and possibly require removal of legacy levels of copper in Harbor sediments, and
WHEREAS, the City of Newport Beach is participating in an education
program to inform boat owners of viable options for switching to cost - effective,
copper -free anti - fouling paint substitutes; now, therefore be it
RESOLVED that the City Council of the City of Newport Beach hereby
encourages all boat owners in Newport Harbor to protect the Harbor by taking
advantage of the available educational and outreach opportunities to identify and
voluntarily change to non - toxic, copper -free anti - fouling vessel bottom paint.
ADOPTED this 81h Day of June, 2010.
KEITH CURRY
Mayor of Newport Beach
ATTEST:
LEILANI BROWN
City Clerk