HomeMy WebLinkAboutCopper TMDL Update PresentationDRAFT COPPER TMDL: REGULATORY UPDATE
09/30/2024 1
TMDL ADOPTION BACKGROUND
Regional Board planned to consider adopting metal total maximum daily limits (TMDLs) at October 2016 board hearing
Based on comments submitted by stakeholders, Board staff delayed the adoption to fully address significant comments received and hold 2 stakeholder workshops regarding the availability of alternative paints
April 2018 Regional Board staff reached out to City, County and The Irvine Company to begin discussing revised TMDL
June 2018 Regional Board released revised TMDL
209/30/2024
TMDL ADOPTION UPDATE
Regional Board was to consider adopting
metal TMDL at October 2018 board
hearing
City submitted similar comments
1.Appropriate response to 2016 comments
not provided
2.Technical and legal flaws with TMDL
3.Lack of suitable non-toxic alternative paints
to support proposed implementation plan
309/30/2024
TMDL ADOPTION UPDATE
Regional Board cancelled item for
October 2018 hearing and delayed the
adoption recommendation until after 2
stakeholder workshops are held
Workshops appear to be planned to
occur in the next 6 months
409/30/2024
CITY’S CURRENT ACTIVITIES
Review response to 2016 submitted comments
Prepare to be engaged in stakeholder workshops
Bring forward concerns about availability of
alternative non-toxic antifouling paints
Bring forward recommended monitoring
approaches
Work with stakeholders to develop
meaningful/effective management actions to
reduce copper in areas where impairment has
been observed
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AVAILABILITY OF ALTERNATIVE NON-TOXIC ANTIFOULING PAINTS
Copper-based paints are legal
DPR is the only agency that can regulate the use of pesticides
DPR worked with EPA and State Water Board and has developed new copper leach standards for paints (9.5 µg/cm2/day), effective 2018
DPR has developed ‘recommendations’ to further reduce copper loading
Alternative paints are often proprietary and formulations are constantly changing which limits determination of suitability and testing
New work conducted in State of Washington confirms there are no safe alternatives to copper at this time
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LOW FLUSHING TIDE COPPER LEVELS –SUMMER 2015
7
Residence time
for Neap tides
HIGH FLUSHING TIDE COPPER LEVELS – WINTER 2015
8
Residence time
for Spring tides
COPPER TOXICITY STUDY – SPRING/SUMMER 2016 MUSSEL LARVAL DEVELOPMENT TEST
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No significant toxicity compared to laboratory controls (8.0)
(10.0)
MEANINGFUL AND EFFECTIVE MANAGEMENT ACTIONS
Support new guidance from
DPR
Advocate the use of legal paints
Encourage recommended
management actions that may
reduce copper
Best management practices
for in-water hull cleaning
Boater education
Conversion to non-copper
paints
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Anticipated and expected future actions that will continue to improve our marine resources in the coming years include:
Continued MS4 reductions/controls
Brake pad initiative will reduce copper and zinc throughout California
Future maintenance dredging will contribute to deepening of harbor and increases in circulation.
DPR paint restrictions will provide significant source reductions that we think will be sufficient to meet water quality in Newport through boater education program and diver training programs.
Natural recovery with time
CONSIDERATION FOR ENVIRONMENT HAS BEEN IMPROVING
CITY’S RECOMMENDATION IN 2016 STILL STANDS
Have Board Staff work with Stakeholders to Develop a Five Year Plan that:
Allows the new generation of Lower Copper Leaching Bottom Paints to replace current paints in use. (could take up to 4-5 years for most vessels).
Recognizes that DPR/EPA Approved Copper Paints are acceptable for use, and may cause minor exceedance of CTR in some localized areas.
Develops and Implements a Reasonable and Scientific Harborwide Water and Sediment Sampling program to Identify any Areas of Real Concern.
(Funding will need to be figured out – but Newport Beach is willing to contribute)
Convene and Participate in Stakeholders Meetings to Review Data and Develop Action Plans for Items of Real Concern.
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DISCUSSION/QUESTIONS
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