Central Coast Region Agricultural Waiver

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A watershed-related issue examined by the ENVS 560/L Watershed Systems class at CSUMB.

Summary

The Central Coast is one of nine regions in the state designated to regulate waste discharges from irrigated agricultural land. Essentially, it waives growers of their obligation to obtain waste discharge permits. The waiver is good for five years and is “conditional,” meaning that it can be revoked at any time. The Central Coast Water Quality Preservation Inc. (CCWQP)[1] is the non-profit agency that will conducts the cooperative monitoring program [2].

Irrigated agriculture is exempt from regulation through the National Pollutant Discharge Elimination System (NPDES) permit program of the federal Clean Water Act; however, they are not exempt from state law. California state law requires anyone who is discharging waste which could impact the quality of the waters of the state to submit a Report of Waste Discharge.

Agricultural activities can generate pollutants such as nutrients, pesticides and sediment that upon discharge can degrade water quality and impair beneficial uses. To purpose of the program is to prevent agricultural discharges and protect surface water and groundwater.

On December 10, 2009, The Water Board directed the Central Coast Regional Water Quality Control Board staff to distribute a preliminary report and preliminary draft order for the regulation of discharges from irrigated lands on February 1, 2010. This preliminary report and preliminary draft order became available on February 1, 2010 and is now available to the public to review, comment, and provide alternative recommendations for regulating agricultural discharges. Water Board members request that members of the public submit comments or alternatives to staff by April 1,2010 [3].

Location

The Central Coast Water Board is responsible for protecting and restoring water quality in the coastal region from southern San Mateo and Santa Clara Counties to the northern part of Ventura County.

Resource/s at stake

Anyone who owns, operates or manages irrigated lands used to produce commercial crops, including but not limited to, row crops, vineyards, field and tree crops, commercial nurseries, nursery stock production and greenhouse operations with soil floors that are not currently operated under Waste Discharge Requirements will be required to self-monitor water quality or contribute to cooperative monitoring costs, train personnel, develop water quality management plans, and pay enrollment fees.

Stakeholders

The Central Coast (Region 3) Regional Water Quality Control Board (RWQCB) is the state agency with the authority to regulate waste discharges that may impact water quality in this part of the state. The RWQCB is responsible for issuing Waste Discharge Requirements (WDRs), or in this case, conditional waivers thereof, and for enforcing compliance with the conditions imposed by the Ag Waiver.

Farmers practicing irrigated farming in the central coast region are subject to these new regulatory conditions.

Among the conditions imposed by the Ag Waiver is a requirement for water quality monitoring. A Cooperative Monitoring Program (CMP) has been established as part of the waiver program, so that each individual farmer will not have to conduct water quality monitoring independently. The CMP is managed by a non-profit organization: Central Coast Water Quality Preservation Inc., which was established for this purpose.

Environmental advocacy groups with an interest in fish, aquatic/riparian habitat, coastal ecosystems, or drinking water quality also have a vested interest in the success of the Ag Waiver program. The bill (SB 390) which initiated the new conditional Ag Waiver process was sponsored by two such organizations San Francisco Bay Keeper and Delta Keeper [4].

Finally, all citizens making use of water that is impacted by agricultural discharges, whether for drinking or recreation, are affected by the outcome of the Ag Waiver program.

Laws, policies, & regulations

The Porter-Cologne Water Quality Control Act (1969) established the nine Regional Water Quality Control Boards and granted them the authority to regulate all waste discharges through the issuance of Waste Discharge Requirements. These are roughly equivalent to NPDES permits.[1]

In 1983 the Central Coast Regional Water Quality Control Board issued a waiver officially exempting irrigation return flows and other discharges from agricultural lands from Waste Discharge Requirements.[6] Agricultural discharges were similarly exempted around the state.

In 1999 the state legislature passed SB 390, which required existing waivers to expire by 2003. It also requires that new waivers be conditional upon compliance with water quality monitoring requirements, and have a term of no longer than five years.[6]

As of 2004, a new Conditional Waiver of Discharge Requirements for Discharges from Irrigated Lands is now in effect in the Central Coast region. It requires that all farmers of irrigated land:[7]

1. Enroll in the Ag Waiver program,

2. Complete of 15 hours of farm water education,

3. Submit a farm water management plan,

4. Implement water quality improvement practices, and

5. Monitor water quality, either individually of through the Cooperative Monitoring Program (CMP).

Systems

The Conditional Ag Waiver program seeks to reduce the impact of agricultural discharges. These discharges may percolate into the groundwater, where they can impact the quality of drinking and irrigation water pumped out of the ground in the surrounding area. Alternatively, they may travel as surface flow into local streams and rivers, where they impact aquatic and riparian habitat via toxicity, sedimentation, and nutrient enrichment. Ultimately, these rivers flow to the ocean, where near-shore marine habitats may be similarly impacted.

Science

Numerous scientific studies address concerns about water supply, water quality, wastewater treatment, water pollution control in surface and groundwaters, and the impacts, evaluation and management of hazardous waste. EnviroQual, a consulting firm also known as G. Fred Lee & Associates, has published a considerable amount of work with respect to the conditional Ag Waiver.

The following sources are some examples of studies addressing agricultural impacts on water quality. These studies were managed and reported by G. Fred Lee & Associates. Recent publications concerned with water quality impacts in runoff from agricultural lands include:

1. Lee, G. F., and Jones-Lee, A., “Comments on the Tentative California Regional Water Quality Control Board Central Valley Region Monitoring and Reporting Program Order No. R5-2008-__for Coalition Groups under Amended Order No. R5-2006-0053 Coalition Group Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands, Revision 26 November 2007,” Submitted to Central Valley Regional Water Quality Control Board, Sacramento, CA, by G. Fred Lee & Associates, El Macero, CA, December 28 (2007).

2. Lee, G. F., and Jones-Lee, A., “Comments on ‘Working Draft - Draft Monitoring and Reporting Program -Order No. R5-2007-__for Coalition Groups under Amended Order No. R5-2006-0053 Coaltion Group Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands’ dated March 29, 2007,” Report submitted to CVRQCB, Sacramento, CA by G. Fred Lee & Associates, El Macero, CA, April 13 (2007).

3. Lee, G. F., and Jones-Lee, A., "Comments on 'Draft Conditional Waivers of Waste Discharge Requirements for Discharges from Irrigated Lands - Tentative Table 1 List of Receiving Water Limitations to Implement Water Quality Objective Guidance for Implementing the MRP,'"Submitted to Central Valley Regional Water Quality Control Board, Rancho Cordova, CA, by G. Fred Lee & Associates, El Macero, CA, November (2005).

4. Lee, G. F. and Jones-Lee, A., "Issues in Developing a Water Quality Monitoring Program for Evaluation of the Water Quality - Beneficial Use Impacts of Stormwater Runoff and Irrigation Water Discharges from Irrigated Agriculture in the Central Valley, CA," California Water Institute Report TP 02-07 to the California Water Resources Control Board/ Central Valley Regional Water Quality Control Board, 157 pp, California State University Fresno, Fresno, CA, December (2002).

5. Lee, G. F., "Comments on the SWRCB Draft Policy for Implementation and Enforcement of the Nonpoint Source Pollution Control Program, Dated December 8, 2003," Submitted to California State Water Resources Control Board by G. Fred Lee & Associates, El Macero, CA, January (2004).

6. Lee, G. F. and Jones-Lee, A., "Comments on Revised Monitoring and Reporting Program for Watershed Groups under Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands, Released by the CVRWQCB Staff on June 24, 2003," Submitted to the Central Valley Regional Water Quality Control Board, Sacramento, CA, July (2003).

7. Lee, G. F., "Comments on the Monitoring and Reporting Program for CVRWQCB Order No. R5-2003-0826 Conditional Waiver of Waste Discharge Requirements for Discharges from Irrigated Lands, Dated July 11, 2003," Submitted to California Regional Water Quality Control Board, Central Valley Region, Sacramento, CA, by G. Fred Lee & Associates, El Macero, CA, September 11 (2003).

8. Lee, G. F. and Jones-Lee, A., "Review of Management Practices for Controlling the Water Quality Impacts of Potential Pollutants in Irrigated Agriculture Stormwater Runoff and Tailwater Discharges," California Water Institute Report TP 02-05 to California Water Resources Control Board/Central Valley Regional Water Quality Control Board, 128 pp, California State University Fresno, Fresno, CA, December (2002).

9. Lee, G. F., and Jones-Lee, A., “Issues in Developing a Nonpoint Source Water Quality Monitoring Program for Evaluation of the Water Quality - Beneficial Use Impacts of Stormwater Runoff and Discharges from Irrigated Agriculture in the Central Valley, CA,” Report of California Water Institute, California State University-Fresno, Fresno, California for the State Water Resources Control Board & Central Valley Regional Water Quality Control Board, Sacramento, California, 135 pp., November 11 (2002).

10. Lee, G. F., Comments on the NRDC Report, "A Review of Available Best Management Practices for Reducing Agricultural Discharges to Waterways in California's Central Valley" report of G. Fred Lee & Associates, El Macero, CA (2003).

These publications and many others can be accessed and viewed on the EnviroQual website [6].

Tools

The State Water Resources Control Board published analytical and modeling requirements in the Conditional Waiver of the General Waste Discharge Requirements for Discharges from Irrigated Lands: Example of Quality Assurance Project Plan [7].

Chemistry analysis, toxicity testing, quantitative limits, laboratory standards and regeants, sample preparation methods, and analytical procedures are outlined in the plan. Analysis must be conducted and meet minimum performance requirements. Analytical methods must follow acceptable scientific publishable standards and be recorded according to the established standard for laboratory operation procedures. Reliable predictions of expected impacts must be provided for toxicity testing. Detection limits must be established and documented. For organic analysis, an average response factor or a linear regression is recommended. Non-linear calibration can create lead to poor quantitative conclusions and biases in concentration of compounds (near the high and low ends of the calibration range). Laboratories are required to "prepare initial 5-point calibration curve where low level standard concentrations are less than or equal to the analyte quantitation limits" [7]. For more information, review Appendix 8: Example of Quality Assurance project Plan [7].

EPA SOURCES FOR SETTING STANDARDS FOR ANALYTICAL PROCEDURES [7]: 1. U.S. EPA 2001. Laboratory Documentation Requirements for Data Evaluation (R9QA/004.1)

2. U.S. EPA 1983. Methods for Chemical Analysis of Water and Wastes. EPA-600/4-79-020, third edition

3. U.S. EPA 1988. Methods for Determination of Organic Compounds in Drinking Water (EPA-600/4-88/039)

4. USEPA.2002. Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition. Office of Water, Washington, D.C EPA-821-R-02-012

5. USEPA. 2002. Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, Fourth Edition. Office of Water, Washington, D.C. EPA-821-R-02-01

6. USEPA. 1994. Methods for Measuring the Toxicity and Bioaccumulation of Sediment-associated Contaminants with Freshwater Invertebrates. Office of Research and Development, Washington, D.C. EPA-600-R94-024.

Future research

Under the Clean Water Act, agricultural runoff has been exempt from permitting requirements under the NPDES regulations. If the regional board’s authority to issue waste discharge waivers is repealed, new studies need to reassess which dischargers that have not previously been subjected to permitting requirements will now be required to get a permit.

A CWSP thesis project can involve analyzing differences in pollution levels in a selected study area within a short time period examining the impact of the repeal

Extend the CWSP project to look at rates of pollution over the next several years to find out what kind of long term impact repealing the Ag Waiver will have on water quality.

References

  1. [Littleworth, AL and EL Garner. 2007. California Water II. Solano Press Books.]

1. Central Coast Water Quality Preservation, Inc. [1]

2. Western Farm Press May 2006 [2]

3. Ag press release 2.10.2010 [unknown source]

4. CA State Senate Committee on Environmental Quality, Bill Analysis SB 390. [3]


6. Central Coast Regional Water Quality Control Board. Irrigated Ag Order R3-2009-0050. [4]

7. Central Coast Water Quality Preservation, Inc. [5]

8. G. Fred Lee & Associates. EnviroQual. [6]

9. Conditional Waiver of the General Waste Discharge Requirements for Discharges from Irrigated Lands: Example Of Quality Assurance Project Plan [7]

Disclaimer

This page may contain student work completed as part of assigned coursework. It may not be accurate. It does not necessarily reflect the opinion or policy of CSUMB, its staff, or students.