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State board approves Newport Bay copper TMDLs with phased reductions and adaptive review
Summary
The State Water Resources Control Board on Aug. 5 approved copper TMDLs for Upper and Lower Newport Bay, setting phased waste load allocations for vessels and a 12‑year compliance schedule while encouraging continued stakeholder collaboration and adaptive management.
The State Water Resources Control Board voted Aug. 5 to approve the Santa Ana Regional Water Quality Control Board’s total maximum daily load (TMDL) for dissolved copper in Upper and Lower Newport Bay.
The adopted basin plan amendment responds to a longstanding listing for copper under the Clean Water Act and ties numeric targets to the California Toxics Rule (CTR) chronic and acute criteria for dissolved copper; staff also adopted sediment guidance using NOAA’s effects‑range approaches and a biologically based alternative where appropriate. Santa Ana staff said monitoring and studies show dissolved copper frequently exceeds CTR thresholds in both upper and lower basins and that antifouling paint on recreational and small commercial vessels is the largest identifiable source in the bay. Staff presented an implementation strategy that relies primarily on marina‑ and harbor‑level best management practices (BMPs), diver and boater education and certification, incentives for non‑copper antifouling approaches and a phased reduction schedule (20% reduction in 4 years, 40% in 8 years and 60% in 12 years) with flexibility to adopt site‑specific objectives or water‑effects methods where scientifically justified.
Speakers from Newport Beach, the County of Orange, recreational boating groups and paint manufacturers raised concerns about regulatory reach, the maturity and efficacy of non‑biocide antifouling alternatives and potential unintended consequences such as PFAS introduction. Several presenters urged the board to require more robust CEQA review of non‑copper alternatives and to ensure the regional board integrate lessons from Shelter Island Yacht Basin (San Diego) and Marina Del Rey (Los Angeles), where earlier BMP and education programs produced mixed results in meeting the CTR.
The Santa Ana board and state staff said the TMDL is designed to be iterative: it establishes phased waste load allocations, allows multiple compliance pathways tailored to marina conditions, and includes check‑ins and adaptive management so agencies and stakeholders can evaluate technological advances and revise site‑specific measures as needed. The state board vote was unanimous. The board also encouraged the Santa Ana board to continue collaborative stakeholder work during implementation and to examine technological and science updates during the required check‑ins.
