Notice of Availability of Draft
Document, Public Comment Period, and Public Workshops,
For the Klamath River Total Maximum Daily Loads and Action Plan
Addressing Temperature, Dissolved Oxygen, Nutrient, and
Wide TMDL (water quality) plan for public review
contents for draft document:
June 10, 2009
Purpose of Notice
Notice is hereby given that the California Regional Water Quality
Control Board, North Coast Region (Regional Water Board) and
United States Environmental Protection Agency (EPA) Region 9 are
making available for public review and comment the Public Review
Draft Staff Report for the Klamath River Total Maximum Daily Loads
(TMDLs) and Action Plan Addressing Temperature, Dissolved Oxygen,
Nutrient, and Microcystin Impairments (Public Review Draft).
Written comments for this joint Regional Water Board and EPA
Region 9 public comment period should be submitted to the Regional
Water Board, as described below, by August 17, 2009. After the
public comment period, the Regional Water Board staff will make
any necessary revisions and propose the Klamath Basin TMDLs and
associated Action Plan to the Regional Water Board as an amendment
to the Water Quality Control Plan for the North Coast Region.
The Regional Water Board has been working collaboratively with EPA
Regions 9 and 10, and Oregon Department of Environmental Quality (ODEQ)
on the development of coordinated TMDLs for the Oregon and
California portions of the Klamath River and the Lost River.
Nutrient and temperature TMDLs for the Klamath River, from the
Oregon border to the Pacific Ocean, are to be established by
December 31, 2010 in accordance with the consent decree Pacific
Coast Federation of Fishermen’s Associations, et al. v. Marcus
(No. 95-4474 MHP, 11 March 1997), amended in December 2007 (Notice
of Agreement to Modify Schedule for Establishment of Total Maximum
Daily Loads (filed in U.S. District Court for the Northern
District of California).
Should the nutrient and temperature TMDLs for the California
Klamath River mainstem not be adopted by California in time to be
approved by EPA Region 9 by December 31, 2010, EPA Region 9 would
be required to establish federal TMDLs for the Klamath River by
that date. EPA would not establish any implementation plan for
these federal TMDLs, in that implementation plans are solely the
responsibility of the state. To address the potential need for EPA
to establish federal TMDLs for the Klamath River, EPA is jointly
issuing this notice to solicit public comment on the Public Review
Draft and to announce public workshops.
Overview of the Public Review Draft
The Public Review Draft includes the following elements:
Public Notice -2- June 10, 2009
Pollutant load allocations and water quality targets associated
with pollutant sources that contribute to the water temperature,
nutrients, dissolved oxygen, and microcystin impairments in the
Klamath River in California.
An implementation plan for attaining the allocations and targets
that identifies responsible parties and requires them to implement
measures that control pollutant sources.
A California Environmental Quality Act (CEQA) environmental
analysis that evaluates the potential environmental impacts of
reasonably foreseeable compliance measures.
A plan to monitor water quality conditions in the Klamath Basin in
California in comparison to the TMDL allocations and targets.
Reporting requirements for responsible parties that track the
implementation and effectiveness of compliance measures.
An explanation of existing regulatory authorities the Regional
Water Board may use to achieve compliance with the TMDLs.
The TMDL implementation plan will build upon on-going water
quality control efforts in the Klamath River Basin in California
by recommending additional measures where current efforts are not
sufficient to meet TMDL requirements. The implementation plan will
recommend the appropriate combination of Waste Discharge
Requirements (WDRs), conditional waiver of WDRs, and/or
prohibitions to make the TMDL implementation measures and
discharger reporting requirements enforceable. The TMDL
allocations and targets and the implementation plan are summarized
in a TMDL Action Plan.
Availability of the Public Review Draft Documents
Chapters 1 through 5 of the Public Review Draft will be available
for review on June 15, 2009. The remaining chapters of the Public
Review Draft, including the TMDL Action Plan and CEQA
environmental analyses, will be available for review on or before
June 29, 2009. Copies of the proposed Public Review Draft will be
available at the following Regional Water Board and EPA web sites:
Please contact Katharine Carter at 707-576-2290 or email@example.com
if you have any problems accessing the documents via the website.
Additionally, copies will be made available at the following
Siskiyou County Clerk’s Office Arcata Public Library
510 North Main Street 500 7th Street
Yreka, CA 96097 Arcata, CA 95521
Public Notice -3- June 10, 2009
Solicitation of Comments on the Public Review Draft
This joint notice solicits written comments on the Public Review
Draft. The public comment period will start June 15, 2009, and
continue for a period of 63 days. Written comments are due no
later than 5:00 PM on Monday, August 17, 2009. The Regional Water
Board will accept and review comment on both the proposed TMDL and
the proposed Action Plan. EPA, should it be required to establish
a federal TMDL, would review comments on the proposed TMDL and its
accompanying technical report.
This notice is being provided pursuant to state and federal
regulation. See Cal. Code Regs., tit. 14, §15087, 15105; Wat.
Code, § 13244; Gov. Code, §11125; 11125.9 and 40 CFR §
130.7(d)(2). The comment period is designed to provide time for
public commenting, while still supporting the schedule necessary
for the Region Water Board to complete the TMDLs within the
consent decree schedule.
Please address and submit written comments by August 17, 2009, via
U.S. Postal Service, email, fax, or delivery, to the following
North Coast Regional Water Quality Control Board
5550 Skylane Blvd, Suite A
Santa Rosa, CA 95403
Public and Regional Water Board Workshops
Regional Water Board staff, in conjunction with staff from EPA
Region 9, EPA Region 10, and ODEQ will host public workshops to
present the Public Review Draft and receive oral comments. Four
workshops will be held at the following locations:
July 6, 2009, 6:00 PM
July 7, 2009, 6:00 PM
Oregon State University Ag Extension Office
Miner’s Inn Convention Center
3328 Vandenberg Road
122 E. Miner Street
Klamath Falls, OR 97603
Yreka, CA 96097
July 8, 2009, 6:00 PM
July 9, 2009, 6:00 PM
Karuk Community Room
Yurok Tribal Headquarters
Karuk Department of Natural Resources
190 Klamath Blvd.
39051 Highway 96
Klamath, CA 95548
Orleans, CA 95556
Regional Water Board staff will host two additional Regional Water
Board Workshops on the Public Review Draft. These Regional Water
Board Workshops will be part of the regularly scheduled Board
Public Notice -4- June 10, 2009
July 22/23, 2009, time TBD
September 9/10, 2009, time TBD
Hearing Room, Regional Water Board Office
5550 Skylane Blvd, Ste A
To Be Determined Later
Santa Rosa, CA
Separate notices for these Regional Water Board Workshops will be
available on the Regional Water Board web site prior to the Board
meetings. Parties interested in attending the July 22, 23 or
September 9th, 10th Regional Water Board Workshops should check
the meeting agendas at:
Anyone requiring reasonable accommodation to participate in the
public workshops should contact Jean Lockett, Executive Assistant,
at 707-576-2307 at least five days prior to the scheduled meeting.
The meeting locations are accessible to persons with disabilities.
TTY users may contact the California Relay Service at 800-735-2929
or voice line at 800-735-2922.
After the close of the written comment
period on August 17, 2009, Regional Water Board and EPA
staff will review the comments received on the Public Review
Draft. In addition, Regional Water Board staff will consider the
oral comments presented at the public and Regional Water Board
Workshops. Staff responses to the comments received, as well as
any proposed changes to the Public Review Draft, will be available
from the Regional Water Board prior to the Regional Water Board
hearing considering approval of these documents.
It is anticipated that the Klamath TMDL will be presented for
Regional Water Board approval at the October 28, 29, 2009 Board
meeting in Klamath, California. A separate public notice of this
Regional Water Board hearing will be issued prior to the October
2009 hearing date, and will provide information about the hearing
If you have any questions on the Regional Water Board’s Klamath
River TMDL, please contact:
Matt St. John at 707-570-3762 or by email at
June 10, 2009