Request To Add California Ocean Waters To List Of Impaired Waters Due To Carbon Dioxide Pollution.pdf

The Center for Biological Diversity (CBD) is requesting that the San Diego Water Quality Control Board and all Regional Water Quality Control Boards in California add all ocean waters under their jurisdiction to the state's Impaired Waters List due to carbon dioxide pollution-induced ocean acidification.

Background:

- Ocean acidification, caused by the absorption of anthropogenic (human-caused) carbon dioxide emissions, is lowering seawater pH and threatening marine life, particularly organisms that build shells and skeletons.
- California's ocean waters are a significant source of biodiversity, productivity, and economic activity, making their protection crucial.
- The Clean Water Act allows for the regulation of pH as a pollutant. CBD argues that ocean acidification meets the listing criteria for inclusion in the Impaired Waters List (303(d) List).

Clean Water Act Relevance:

- The Clean Water Act aims to restore and maintain the chemical, physical, and biological integrity of U.S. waters.
- States are required to set water quality standards and identify waters where existing regulations are inadequate to protect water quality (303(d) List).
- For listed waters, states must establish Total Maximum Daily Loads (TMDLs) for pollutants to meet applicable water quality standards.

Arguments:

1. Declining Water Quality Trend: California's ocean waters are experiencing a trend of declining water quality due to increasing acidity.
2. Failure to Meet Ocean Plan Standards: These waters fail to meet the water quality standard set forth in California's Ocean Plan, designed to protect marine communities.
3. Urgency: Immediate action is necessary to curb ocean acidification by listing California's ocean segments on the 303(d) List and prioritizing TMDL creation for carbon dioxide.