Comments On California's 303(d) List Portion Of The 2012 Integrated Report.pdf

The key points are:

Importance of Flow Alteration in Water Quality:

Essential Parameter: Sufficient flow is crucial for protecting water quality and designated uses (like cold freshwater habitat for salmon) and should be fully documented in the Integrated Report.
EPA Recognition: The U.S. Environmental Protection Agency (EPA) recognizes flow alteration as a non-pollutant cause of impairment, highlighting its significant role in degrading water quality.

Disagreement with SWRCB Interpretation:

Misinterpretation of EPA Guidance: American Rivers disagrees with the State Water Resources Control Board's (SWRCB) interpretation of EPA guidance regarding Category 4c reporting for impaired water body segments. The SWRCB narrowly focuses on an excerpt from the guidance that mentions flow alteration as an example, while ignoring the EPA’s clear statement that waterbody segments can be listed in multiple categories and should be assigned to one or more categories based on their specific impairments.

Data and Methodology Needs:

Site-Specific Criteria: While development of statewide flow impairment criteria is beneficial, American Rivers supports using site-specific criteria and weigh-of-evidence approaches where sufficient data and information exist to identify flow alteration as a cause of water quality impairment.
Immediate Listing: There are circumstances where existing data clearly demonstrate that flow alterations are responsible for pollutant or non-pollutant impairments, warranting immediate listing in Category 4c. This includes segments already impaired by temperature or sedimentation due to flow conditions.

Supporting Evidence and Recommendations:

NOAA Fisheries Recovery Plans: The limitation of aquatic species' beneficial uses due to flow alteration is documented in NOAA Fisheries Recovery Plans, emphasizing the need for protection through the Integrated Report.
* Adoption of Water Quality Criteria: The CWA requires states to adopt water quality criteria protective of each designated use, including physical habitat limitations caused by flow alterations.