John Hopewell- On Sept. 9, California’s State Water Resources Control Board (SWRCB) passed a proposal by the Los Angeles Regional Water Quality Control Board (LARWQCB) revising the Total Maximum Daily Load (TMDL) for copper and required reductions to meet the limits for Marina del Rey Harbor. The proposed changes will require mitigation actions to reduce the copper input from antifouling coatings applied to pleasure craft in Marina del Rey. The planned changes require the approval of California’s Office of Administration Law and the U.S. Environmental Protection Agency to become effective.
LARWQCB released a report on Nov. 5, which maintains that copper is currently at unsafe levels in the Marina del Rey harbor, home to a large amount of small craft vessels.
In January, ACA’s Marine Antifouling Working Group submitted comments to LARWQCB objecting to proposed revisions to the TMDL for Marina del Rey Harbor. Of note, ACA and an industry alliance was able to influence the boards to agree to re-open the TMDL after L.A. County has completed a site-specific water quality study.
ACA argued in its comments that California Assembly Bill 425, which directs the California Department of Pesticide Regulation (DPR) to develop mitigation measures regarding copper-based antifouling coatings to protect aquatic environments, was only signed into law on Oct. 5, 2013. By law, the agency was required to take action by Feb. 1, 2014. ACA contends that LARWQCB’s suggested TMDL ignores the intended purpose of the law, and bypasses the scientific evaluation by DPR. ACA strongly believes that the mitigation strategies required from Bill 425 should be given time to take effect, and that the water agency is acting without the complete scientific picture.
ACA supported passage of California AB 425, Antifouling Paint Registration and Mitigation. The new law requires that DPR establish a leach rate for copper-based antifouling paint used on recreational vessels and make recommendations for appropriate mitigation measures that may be implemented to address the protection of aquatic environments from the effects of exposure to that paint. The direction to DPR will ensure that the DPR registration for low-leach-rate, copper-based antifouling paint is completed by a date certain, and provide DPR the flexibility to consider all available mechanisms to achieve mitigation. ACA worked very closely with the author on this bill — Asmb. Toni Atkins (D-San Diego) — as well as on previous legislation that was tabled last year, that would have potentially included a ban on copper-based antifouling paint under certain circumstances. The association will continue to work closely with the author, staff, and sponsors of the bill, as well as DPR, to ensure fair treatment for effective antifouling coatings in California.
LARWQCB released a report on Nov. 5, which maintains that copper is currently at unsafe levels in the Marina del Rey harbor, home to a large amount of small craft vessels.
In January, ACA’s Marine Antifouling Working Group submitted comments to LARWQCB objecting to proposed revisions to the TMDL for Marina del Rey Harbor. Of note, ACA and an industry alliance was able to influence the boards to agree to re-open the TMDL after L.A. County has completed a site-specific water quality study.
ACA argued in its comments that California Assembly Bill 425, which directs the California Department of Pesticide Regulation (DPR) to develop mitigation measures regarding copper-based antifouling coatings to protect aquatic environments, was only signed into law on Oct. 5, 2013. By law, the agency was required to take action by Feb. 1, 2014. ACA contends that LARWQCB’s suggested TMDL ignores the intended purpose of the law, and bypasses the scientific evaluation by DPR. ACA strongly believes that the mitigation strategies required from Bill 425 should be given time to take effect, and that the water agency is acting without the complete scientific picture.
ACA supported passage of California AB 425, Antifouling Paint Registration and Mitigation. The new law requires that DPR establish a leach rate for copper-based antifouling paint used on recreational vessels and make recommendations for appropriate mitigation measures that may be implemented to address the protection of aquatic environments from the effects of exposure to that paint. The direction to DPR will ensure that the DPR registration for low-leach-rate, copper-based antifouling paint is completed by a date certain, and provide DPR the flexibility to consider all available mechanisms to achieve mitigation. ACA worked very closely with the author on this bill — Asmb. Toni Atkins (D-San Diego) — as well as on previous legislation that was tabled last year, that would have potentially included a ban on copper-based antifouling paint under certain circumstances. The association will continue to work closely with the author, staff, and sponsors of the bill, as well as DPR, to ensure fair treatment for effective antifouling coatings in California.
