DATE: June 15, 2016
SUBJECT:
Title
PRESENTATION ON THE 2015 COPPER LOAD REDUCTION EFFORTS RELATED TO THE SHELTER ISLAND YACHT BASIN TOTAL MAXIMUM DAILY LOAD
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EXECUTIVE SUMMARY:
In 2005, the San Diego Regional Water Quality Control Board (Regional Board) set a Dissolved Copper Total Maximum Daily Load (TMDL) for the Shelter Island Yacht Basin (SIYB). The TMDL required a 76 percent reduction of copper loading by 2022, with interim loading targets of 10 percent and 40 percent by 2012 and 2017, respectively. The TMDL named the District, the City of San Diego, the SIYB marinas and yacht clubs, hull cleaners, and the recreational boaters themselves, as parties responsible for reducing their copper pollution loads. On March 11, 2011, the Regional Board issued Investigative Order No. R9-2011-0036 to the District. The Investigative Order required that the District annually assess TMDL implementation progress and provide written compliance reports (herein referred to as Progress Reports) to document the actions the District and stakeholders were taking to comply with the TMDL.
The 2015 Progress Report identified that copper reduction efforts were having a positive effect on the copper loading. Water quality testing showed the basin average to be 6.9 µg/L, a decrease from the baseline average of 8.3 µg/L. In addition, vessel tracking indicated that there had been a reduction of approximately 40 percent (approximately 849kg/yr) when compared with the TMDL baseline of 2100 kg/yr. This meets the upcoming 2nd interim TMDL target slightly ahead of the 2017 TMDL schedule.
In addition, several notable accomplishments occurred within the Copper Reduction Program during 2015. Highlights included: completion of the grant-funded Hull Paint Conversion Project; the co-signing of a letter to the Department of Pesticide Regulation (DPR) with the Regional Board regarding a list of low leach copper paints for the public; and creating a brochure that highlighted the DPR paint list.
The District also completed a modeling effort to estimate the potential changes in water quality (i.e., reduction in dissolved copper levels) that could be expected in SIYB as higher leach rate copper paints are phased out or reformulated. The modeling indicated that moving toward the lower leach rate copper paints would result in lower concentrations of dissolved copper in the water column. However, it also validated DPR’s finding that transitioning to such paints would not completely reduce copper to the needed levels.
In anticipation of the final TMDL phase that will begin in 2018, staff is adjusting its current approach to also consider ecosystem health in all of the San Diego Bay’s marina basins. This shifts the District’s program to better align with the Regional Board’s strategic document entitled, Strategy for a Healthy San Diego Bay, and takes into account findings from the District’s Regional Harbor Monitoring Program in regards to marina sediments. Staff is evaluating additional strategies that can further reduce copper in the Bay while also improving ecosystems. Such strategies include activities that can improve the waters and sediments such as testing pilot concepts for copper remediation, assessing the feasibility of constructing a culvert between Shelter Island and America’s Cup Harbor to increase water flow within the basin and conducting an enhanced water quality study to better understand the water quality in the basin both at the surface and at depth.
Staff is developing a five-year work plan for the final TMDL phase that outlines the estimated costs and resources needed for each of the potential strategies and will return to the Board to provide the work plan information. The District will continue to collaborate with the Regional Board and the SIYB tenants and other stakeholders throughout this process.
RECOMMENDATION:
Recommendation
Receive presentation from staff regarding results of the Shelter Island Yacht Basin TMDL and efforts to reduce copper in the bay.
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FISCAL IMPACT:
This presentation has no fiscal impact. Funds for the FY 16/17 Budget will be considered by the Board, and funds required for future fiscal years will be budgeted in the appropriate fiscal year and cost accounts and will be subject to Board approval.
Compass Strategic Goals:
This agenda item supports the District’s strategic goals by seeking copper reductions throughout San Diego Bay and working to improve water quality, with an emphasis on SIYB.
This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A Port with a healthy and sustainable bay and its environment.
DISCUSSION:
Regulatory Background
In 1996, high concentrations of copper in the water of SIYB prompted the Regional Board to add SIYB to the state’s Clean Water Act Section 303(d) List of Water Quality Limited Segments. The Regional Board found that copper concentrations in SIYB ranged from three to eight micrograms per liter (µg/L), thereby exceeding the water quality objective of 3.1 µg/L.
In 2005, the Regional Board set a TMDL1 for the basin, requiring a 76 percent reduction of copper loading by 2022, with interim loading targets of 10 percent and 40 percent by 2012 and 2017, respectively. The TMDL named the District, the City of San Diego, the SIYB marinas and yacht clubs, hull cleaners and the recreational boaters themselves as parties responsible for reducing copper pollution loads. Passive leaching of copper from boat hulls and in-water hull cleaning were identified as the major sources of copper in SIYB.
On March 11, 2011, the Regional Board issued Investigative Order No. R9-2011-0036 to the District. This Investigative Order outlined the SIYB TMDL annual reporting requirements and required the development of monitoring and implementation plans to guide activities over the course of the TMDL. Water quality monitoring, vessel conversion tracking and implementation of best management practices were required. The Investigative Order also required that the District annually assess TMDL implementation progress and provide a written Progress Report to document the actions the District and stakeholders are taking to comply with the TMDL.
As a result of the Regional Board’s regulations, the District made copper reduction in San Diego Bay a high priority. Staff developed a multi-faceted copper reduction program (Program) to achieve the TMDL’s load reductions and reduce copper throughout the Bay. The Program focuses on the largest source contributions and identifies a strategic approach to effectively achieve regulatory compliance, while balancing economic and public interests. It is comprised of five elements, as follows:
1. Testing and Research
2. Hull Paint Transition
3. Policy Development / Legislation
4. Education and Outreach
5. Monitoring and Data Assessment
In 2013 the District sponsored Assembly Bill 425 (AB 425)2 authored by Speaker of the Assembly, Toni Atkins; the bill was signed by Governor Jerry Brown in October 2013. The bill required the DPR to set leach rates and identify mitigation measures that could protect aquatic environments from the effects of copper antifouling paints. AB 425 has benefits for SIYB and the San Diego Bay because the new leach rates established for hull paints are lower and are expected to reduce the amount of copper into the Bay in the future. A comparative review of the DPR’s risk management scenarios to the San Diego Bay marina basins shows that nine of the Bay’s 11 marina basins may meet water quality standards when the new leach rate is fully implemented.
Staff is currently working on several key projects and tasks to execute the multiple elements of the Program. These efforts are summarized annually in the aforementioned Progress Reports. This Board update is intended to discuss the Program’s progress, to date and identify a strategic approach for addressing the final phase of the TMDL.
SIYB TMDL - 2015 Findings
As required by the Investigative Order, the 2015 Progress Report discusses best management practice (BMP) implementation in SIYB and San Diego Bay, and provides information on vessel conversions along with water quality and toxicity monitoring results. During 2015, several activities were implemented. Many of the 2015 initiatives were focused on continuing efforts to encourage use of low leach copper paints and non-copper alternatives. The Progress Report’s Executive Summary is provided as Attachment A. Highlights of the Progress Reports are discussed herein and will be discussed during the Board presentation.
BMP Implementation
• District staff completed several actions that supported the 2013 copper legislation, AB 425. A key effort was co-signing, with the Regional Board, a letter to the DPR requesting the department expedite paint reformulation efforts and develop a list of paints that meet the low leach category conditions (low leach paints are herein referred to as “DPR Category I” paints) (Attachment B). The District also developed a SIYB Hull Paint Guidance List to better align vessel tracking with the DPR leach rate categories and created a brochure, Boater’s Guide to Using Hull Paint in California, which highlighted the DPR’s leach rate categories and identified environmentally friendly hull paint alternatives.
• The District achieved a major milestone by completing the SIYB Hull Paint Conversion Project during 2015. This five-year grant project, funded by the State Water Resources Control Board’s Clean Water Act Section 319(h) Non-Point Source Grant Program, developed several successful outreach tools and converted 41 boats to non-copper paints, resulting in a 38.5 kilogram per year (kg/yr) dissolved copper load reduction.
• The District communicated regularly with state and federal agencies, policy makers, and legislators to promote consistency within requirements being developed across the state and to discuss strategies and lessons learned when implementing activities.
• The District continued to implement in-water hull-cleaning regulations. This included requiring permits for all hull-cleaning businesses, requiring marinas to check divers as they enter facilities, and conducting inspections for cleaning-related activities.
• The District and Shelter Island Master Leaseholders continued their collaborative efforts to track vessels and report on hull paint use within the basin.
SIYB Water Quality
Results from the 2015 monitoring event showed that the average dissolved copper level in the basin’s surface waters was 6.9 microgram(s) per liter (µg/L). This was approximately 17 percent lower than the baseline average (8.3 µg/L) and similar to the 2014 basin wide average (7.0 µg/L). Five of the six SIYB sampling stations exceeded the California Toxics Rule (CTR) criterion continuous concentrations (CCC) water quality objective of 3.1 µg/L; while four of the six stations exceeded the CTR acute criterion maximum concentration (CMC) of 4.8 µg/L.
The 2015 monitoring program also found that two stations (SIYB-1, the station farthest inside the basin; and SIYB-2, the station closest to vessels) had statistically significant effects on developing mussel larvae. However, no toxicity was observed in the fish larvae survival tests.
SIYB Vessel tracking
The annual dissolved copper loading reduction was assessed by tracking conversions of hull paints from copper to non-copper, DPR Category I (low leach paints), or low-copper (i.e., less than 40 percent copper) products, and aged copper paints on vessels moored in SIYB. Vessel tracking indicates that there has been a reduction of over 40 percent (approximately 849 kg/yr) in annual dissolved copper loading to SIYB from vessels when compared with the SIYB TMDL-assumed baseline loading of 2,100 kg/yr.
Understanding Basin Conditions (Conceptual Model Update)
The Investigative Order also required that the District develop a site conceptual model that identified the sources of copper loading into the basin. This exercise was completed in 2011. At that time, several data gaps were identified relating to the copper sources and their loading contributions; recommendations were made as how to fill the gaps.
Over the past years, a variety of initiatives were completed by the District, DPR, and other stakeholders that improved the understanding of the basin’s conditions, the copper sources, and the relative source contribution to the waters and sediments. In 2015, the District updated the conceptual model by comparing the recent studies to the 2011 conceptual model findings. In particular, there is a better understanding of the loading into the basin as a result of the improved vessel tracking and factoring the age of the paint into the loading assessment. Additionally, the AB 425-related studies demonstrated the close connection between hull cleaning and passive leaching in relation to the life cycle of a hull paint and potential copper loading from these sources.
The District also conducted a modeling study to estimate the changes in water quality (i.e., reduction in dissolved copper levels) expected in SIYB as higher leach rate paints (i.e., non-DPR Category I) are phased out or reformulated. This effort used a commonly accepted modeling tool, the Marine Antifoulant Model to Predict Environmental Concentrations (MAMPEC), along with the SIYB physical parameters to estimate dissolve copper levels in SIYB under existing and future paint leach rates scenarios. It mimicked the approach DPR used during its modeling work for the AB 425 report. The modeling study was included as Appendix E of the Progress Report.
The modeling indicated that moving toward the DPR Category I lower leach rate paints would result in lower concentrations of dissolved copper in the water column. However, it also validated DPR’s finding that transitioning to Category I paints would not completely reduce copper to the TMDL compliance levels that are needed. In addition, the modeling identified a need to conduct an enhanced water quality monitoring study to better understand the basin’s concentrations using both surface water and water collected from lower depths.
Summary
The Progress Report suggests that copper reduction efforts are having a positive impact on decreasing the copper loads. The aforementioned 40 percent reduction in copper loading to the basin meets the upcoming second interim TMDL target slightly ahead of the 2017 schedule. However, copper paint remains the paint of choice for boaters and a large component of this reduction was documented to be from aged paint on vessels. As such, achieving future paint-related load reductions will be dependent on boaters either delaying the repainting of their vessels, using DPR Category I paints, or transitioning to alternative paints, a concept which, to date, has been challenging.
While the District originally placed a large programmatic focus on copper antifouling paints, further adjustments to retail hull paint sales and distribution will require a strong commitment from DPR. And as stated above, paint reformulation will help reduce the copper load to marinas; however, it is not projected to bring the basin into full TMDL compliance. In addition, any proposed paint reformulation by DPR may not be realized for several years due to the time frames involved with reformulations, relabeling, registration approval, and market distribution.
Moreover, findings from the recently completed Regional Harbor Monitoring program also indicate that both the sediments and waters in marina basins have elevated levels of copper and some impacts to benthic communities. These findings support the need for ongoing efforts that reduce copper loading in all of the Bay’s marina basins.
Next Steps
As the TMDL moves into its final phase, staff has modified its strategic approach to identify additional strategies that may help further reduce copper levels in the Bay and SIYB. A greater emphasis is being placed on ecosystem management; ensuring both the waters and sediments are healthy and support healthy biota. This approach is consistent with the Regional Board’s Strategy for a Healthy San Diego Bay3. Near-term actions will be geared at understanding how new technologies can enhance flow in the basin and improve ecosystem health. Some of the upcoming (near-term) activities are highlighted below.
• An enhanced water quality study will assess dissolved copper levels in the basin’s surface and bottom waters. This study will improve the understanding of basin-wide copper loads, validate the recent modeling findings and provide information that can be used to improve the design of the water quality monitoring program in anticipation of the upcoming final TMDL phase that starts in 2018. The study is anticipated to be completed this summer.
• The District recently issued a Request for Proposals seeking copper mitigation concepts that can remediate copper in the water, capture loads from hull cleaning, and use natural ecosystem enhancements (i.e. bioremediation) to reduce copper. Selected pilot studies will be initiated during the upcoming fiscal year pending Board approval of the FY 16/17 annual budget.
• The District is also conducting an engineering feasibility study on a culvert that could enhance flushing in the basin. If feasible and cost effective, this could both improve water quality and circulation, both of which can benefit ecosystem health.
As some of these adaptive approaches become more fully developed in the coming year, staff will be evaluating potential costs associated with scaling up these efforts. Staff will also evaluate policy-type options for hull paints and in-water hull cleaning and will work closely with the Regional Board and stakeholders to gain support for the long-term vision for reducing copper in the Bay. Staff will return to the Board later this year to provide an update on the implementation of the adaptive approaches during the final phase of the TMDL.
General Counsel’s Comments:
The General Counsel’s office reviewed this Agenda as presented to it and approved it as to form and legality.
Environmental Review:
This presentation to the Board does not constitute an “approval” or a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur, including without limitation, physical changes within the District’s jurisdiction. CEQA requires that the District adequately assess the environmental impacts of its projects. This presentation to staff will not bind the District to a definite course of action prior to CEQA review. Full CEQA analysis will be completed prior to the approval of any projects that may be contemplated as part of copper load reduction efforts. Moreover, the Board/District in its sole and absolute discretion, reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the project, including a no project alternative, a statement of overriding consideration, if applicable, as well as approve or disapprove the project and any necessary permits or entitlements. Based on the totality of the circumstances and the entire record, the Board’s direction does not commit the District to a definite course of action prior to CEQA review being conducted. No further action under CEQA is required at this time.
In addition, this presentation allows for the District to administrate its obligations under the Port Act and/or other laws. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, this presentation is consistent with the Public Trust Doctrine.
Finally, this presentation to the Board does not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations because it will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. The Board will consider approval of future development projects formulated as a result of copper load reduction efforts after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Karen Holman
Principal
Planning & Green Port
Attachment(s):
Attachment A: Executive Summary of the Shelter Island Yacht Basin Dissolved Copper Total Maximum Daily Load Monitoring and Progress Report
Attachment B: Letter to the Department of Pesticide Regulation Regarding the Implementation of Assembly Bill 425 Measures
1. SIYB TMDL Technical Report, 2005
2. Assembly Bill 425 (Atkins).
<http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB425>
3. Strategy for a Healthy San Diego Bay, located on the Regional Board website: <http://www.swrcb.ca.gov/sandiego/water_issues/programs/sdbay_strategy/doc/strategy.pdf>