[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR131.37]
[Page 464-467]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 131_WATER QUALITY STANDARDS--Table of Contents
Subpart D_Federally Promulgated Water Quality Standards
Sec. 131.37 California.
(a) Additional criteria. The following criteria are applicable to
waters specified in the Water Quality Control Plan for Salinity for the
San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted by the
California State Water Resources Control Board in State Board Resolution
No. 91-34 on May 1, 1991:
(1) Estuarine habitat criteria. (i) General rule. (A) Salinity
(measured at the surface) shall not exceed 2640 micromhos/centimeter
specific conductance at 25 [deg]C (measured as a 14-day moving average)
at the Confluence of the Sacramento and San Joaquin Rivers throughout
the period each year from February 1 through June 30, and shall not
exceed 2640 micromhos/centimeter specific conductance at 25 [deg]C
(measured as a 14-day moving average) at the specific locations noted in
Table 1 near Roe Island and Chipps Island for the number of days each
month in the February 1 to June 30 period computed by reference to the
following formula:
Number of days required in Month X = Total number of days in Monthx* (1
- 1/(1+e\K\)
where
K = A + (B*natural logarithm of the previous month's 8-River Index);
A and B are determined by reference to Table 1 for the Roe Island and
Chipps Island locations;
x is the calendar month in the February 1 to June 30 period;
and e is the base of the natural (or Napierian) logarithm.
Where the number of days computed in this equation in paragraph
(a)(1)(i)(A) of this section shall be rounded to the nearest whole
number of days. When the previous month's 8-River Index is less than
500,000 acre-feet, the number of days required for the current month
shall be zero.
Table 1. Constants applicable to each of the monthly equations to determine monthly requirements described.
----------------------------------------------------------------------------------------------------------------
Chipps Island Roe Island (if triggered)
Month X ---------------------------------------------------------------
A B A B
----------------------------------------------------------------------------------------------------------------
Feb............................................. -\1\ -\1\ -14.36 +2.068
Mar............................................. -105.16 +15.943 -20.79 +2.741
Apr............................................. -47.17 +6.441 -28.73 +3.783
May............................................. -94.93 +13.662 -54.22 +6.571
June............................................ -81.00 +9.961 -92.584 +10.699
----------------------------------------------------------------------------------------------------------------
\1\ Coefficients for A and B are not provided at Chipps Island for February, because the 2640 micromhos/cm
specific conductance criteria must be maintained at Chipps Island throughout February under all historical 8-
River Index values for January.
(B) The Roe Island criteria apply at the salinity measuring station
maintained by the U.S. Bureau of Reclamation at Port Chicago (km 64).
The Chipps Island criteria apply at the Mallard Slough Monitoring Site,
Station D-10 (RKI RSAC-075) maintained by the California Department of
Water Resources. The Confluence criteria apply at the Collinsville
Continuous Monitoring Station C-2 (RKI RSAC-081) maintained by the
California Department of Water Resources.
(ii) Exception. The criteria at Roe Island shall be required for any
given month only if the 14-day moving average salinity at Roe Island
falls below 2640 micromhos/centimeter specific conductance on any of the
last 14 days of the previous month.
(2) Fish migration criteria--(i) General rule--(A) Sacramento River.
Measured Fish Migration criteria values for the Sacramento River shall
be at least the following:
[[Page 465]]
At temperatures less than below 61 [deg]F: SRFMC = 1.35
At temperatures between 61 [deg]F and 72 [deg]F: SRFMC = 6.96-.092 *
Fahrenheit temperature
At temperatures greater than 72 [deg]F: SRFMC = 0.34
where SRFMC is the Sacramento River Fish Migration criteria value.
Temperature shall be the water temperature at release of tagged salmon
smolts into the Sacramento River at Miller Park.
(B) San Joaquin River. Measured Fish Migration criteria values on
the San Joaquin River shall be at least the following:
For years in which the SJVIndex is 2.5: SJFMC = (-0.012) +
0.184*SJVIndex
In other years: SJFMC = 0.205 + 0.0975*SJVIndex
where SJFMC is the San Joaquin River Fish Migration criteria value, and
SJVIndex is the San Joaquin Valley Index in million acre feet (MAF)
(ii) Computing fish migration criteria values for Sacramento River.
In order to assess fish migration criteria values for the Sacramento
River, tagged fall-run salmon smolts will be released into the
Sacramento River at Miller Park and captured at Chipps Island, or
alternatively released at Miller Park and Port Chicago and recovered
from the ocean fishery, using the methodology described in this
paragraph (a)(2)(ii). An alternative methodology for computing fish
migration criteria values can be used so long as the revised methodology
is calibrated with the methodology described in this paragraph
(a)(2)(ii) so as to maintain the validity of the relative index values.
Sufficient releases shall be made each year to provide a statistically
reliable verification of compliance with the criteria. These criteria
will be considered attained when the sum of the differences between the
measured experimental value and the stated criteria value (i.e.,
measured value minus stated value) for each experimental release
conducted over a three year period (the current year and the previous
two years) shall be greater than or equal to zero. Fish for release are
to be tagged at the hatchery with coded-wire tags, and fin clipped.
Approximately 50,000 to 100,000 fish of smolt size (size greater than 75
mm) are released for each survival index estimate, depending on expected
mortality. As a control for the ocean recovery survival index, one or
two groups per season are released at Benecia or Pt. Chicago. From each
upstream release of tagged fish, fish are to be caught over a period of
one to two weeks at Chipps Island. Daylight sampling at Chipps Island
with a 9.1 by 7.9 m, 3.2 mm cod end, midwater trawl is begun 2 to 3 days
after release. When the first fish is caught, full-time trawling 7 days
a week should begin. Each day's trawling consists of ten 20 minute tows
generally made against the current, and distributed equally across the
channel.
(A) The Chipps Island smolt survival index is calculated as:
SSI=R/MT(0.007692)
where
R=number of recaptures of tagged fish
M=number of marked (tagged) fish released
T=proportion of time sampled vs total time tagged fish were passing the
site (i.e. time between first and last tagged fish recovery)
Where the value 0.007692 is the proportion of the channel width fished
by the trawl, and is calculated as trawl width/channel width.
(B) Recoveries of tagged fish from the ocean salmon fishery two to
four years after release are also used to calculate a survival index for
each release. Smolt survival indices from ocean recoveries are
calculated as:
OSI=R1/M1/R2/M2
where
R1=number of tagged adults recovered from the upstream
release
M1=number released upstream
R2=number of tagged adults recovered from the Port Chicago
release
M2=number released at Port Chicago
(1) The number of tagged adults recovered from the ocean fishery is
provided by the Pacific States Marine Fisheries Commission, which
maintains a port sampling program.
(2) [Reserved]
(iii) Computing fish migration criteria values for San Joaquin
River. In order to assess annual fish migration criteria
[[Page 466]]
values for the San Joaquin River, tagged salmon smolts will be released
into the San Joaquin River at Mossdale and captured at Chipps Island, or
alternatively released at Mossdale and Port Chicago and recovered from
the ocean fishery, using the methodology described in paragraph
(a)(2)(iii). An alternative methodology for computing fish migration
criteria values can be used so long as the revised methodology is
calibrated with the methodology described below so as to maintain the
validity of the relative index values. Sufficient releases shall be made
each year to provide a statistically reliable estimate of the SJFMC for
the year. These criteria will be considered attained when the sum of the
differences between the measured experimental value and the stated
criteria value (i.e., measured value minus stated value) for each
experimental release conducted over a three year period (the current
year and the previous two years) shall be greater than or equal to zero.
(A) Fish for release are to be tagged at the hatchery with coded-
wire tags, and fin clipped. Approximately 50,000 to 100,000 fish of
smolt size (size greater than 75 mm) are released for each survival
index estimate, depending on expected mortality. As a control for the
ocean recovery survival index, one or two groups per season are released
at Benicia or Pt. Chicago. From each upstream release of tagged fish,
fish are to be caught over a period of one to two weeks at Chipps
Island. Daylight sampling at Chipps Island with a 9.1 by 7.9 m, 3.2 mm
cod end, midwater trawl is begun 2 to 3 days after release. When the
first fish is caught, full-time trawling 7 days a week should begin.
Each day's trawling consists of ten 20 minute tows generally made
against the current, and distributed equally across the channel.
(B) The Chipps Island smolt survival index is calculated as:
SSI=R/MT(0.007692)
where
R=number of recaptures of tagged fish
M=number of marked (tagged) fish released
T=proportion of time sampled vs total time tagged fish were passing the
site (i.e. time between first and last tagged fish recovery)
Where the value 0.007692 is the proportion of the channel width fished
by the trawl, and is calculated as trawl width/channel width.
(C) Recoveries of tagged fish from the ocean salmon fishery two to
four years after release are also used to calculate a survival index for
each release. Smolt survival indices from ocean recoveries are
calculated as:
OSI=R1/M1 / R2/M2
where
R1=number of tagged adults recovered from the upstream
release
M1=number released upstream
R2=number of tagged adults recovered from the Port Chicago
release
M2=number released at Port Chicago
(1) The number of tagged adults recovered from the ocean fishery is
provided by the Pacific States Marine Fisheries Commission, which
maintains a port sampling program.
(2) [Reserved]
(3) Suisun marsh criteria. (i) Water quality conditions sufficient
to support a natural gradient in species composition and wildlife
habitat characteristic of a brackish marsh throughout all elevations of
the tidal marshes bordering Suisun Bay shall be maintained. Water
quality conditions shall be maintained so that none of the following
occurs: Loss of diversity; conversion of brackish marsh to salt marsh;
for animals, decreased population abundance of those species vulnerable
to increased mortality and loss of habitat from increased water
salinity; or for plants, significant reduction in stature or percent
cover from increased water or soil salinity or other water quality
parameters.
(ii) [Reserved]
(b) Revised criteria. The following criteria are applicable to state
waters specified in Table 1-1, at Section (C)(3) (``Striped Bass--
Salinity : 3. Prisoners Point--Spawning) of the Water Quality Control
Plan for Salinity for the San Francisco Bay--Sacramento/San Joaquin
Delta Estuary, adopted by the California State Water Resources Control
Board in State Board Resolution No. 91-34 on May 1, 1991:
[[Page 467]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sampling site Nos (I-- San Joaquin
Location A/RKI) Parameter Description Index type Valley Index Dates Values
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Joaquin River at Jersey D15/RSAN018, Specific....... 14-day running Not Applicable. 2.5 April 1 to May 0.44 micro-
Point, San Andreas Landing, C4/RSAN032, Conductance.... average of MAF 31. mhos.
Prisoners Point, Buckley D29/RSAN038, @ 25 [deg]C.... mean daily for
Cove, Rough and Ready P8/RSAN056, the period not
Island, Brandt Bridge, -/RSAN062, more than
Mossdale, and Vernalis. C6/RSAN073, value shown,
C7/RSAN087, in mmhos.
C10/RSAN112
San Joaquin River at Jersey D15/RSAN018, Specific 14-day running Not Applicable. <=2.5 MAF April 1 to May 0.44 micro-
Point, San Andreas Landing C4/RSAN032, Conductance. average of 31. mhos.
and Prisoners Point. D29/RSAN038 mean daily for
the period not
more than
value shown,
in mmhos.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) Definitions. Terms used in paragraphs (a) and (b) of this
section, shall be defined as follows:
(1) Water year. A water year is the twelve calendar months beginning
October 1.
(2) 8-River Index. The flow determinations are made and are
published by the California Department of Water Resources in Bulletin
120. The 8-River Index shall be computed as the sum of flows at the
following stations:
(i) Sacramento River at Band Bridge, near Red Bluff;
(ii) Feather River, total inflow to Oroville Reservoir;
(iii) Yuba River at Smartville;
(iv) American River, total inflow to Folsom Reservoir;
(v) Stanislaus River, total inflow to New Melones Reservoir;
(vi) Tuolumne River, total inflow to Don Pedro Reservoir;
(vii) Merced River, total inflow to Exchequer Reservoir; and
(viii) San Joaquin River, total inflow to Millerton Lake.
(3) San Joaquin Valley Index. (i) The San Joaquin Valley Index is
computed according to the following formula:
ISJ=0.6X+0.2Y and 0.2Z
where
ISJ=San Joaquin Valley Index
X=Current year's April-July San Joaquin Valley unimpaired runoff
Y=Current year's October-March San Joaquin Valley unimpaired runoff
Z=Previous year's index in MAF, not to exceed 0.9 MAF
(ii) Measuring San Joaquin Valley unimpaired runoff. San Joaquin
Valley unimpaired runoff for the current water year is a forecast of the
sum of the following locations: Stanislaus River, total flow to New
Melones Reservoir; Tuolumne River, total inflow to Don Pedro Reservoir;
Merced River, total flow to Exchequer Reservoir; San Joaquin River,
total inflow to Millerton Lake.
(4) Salinity. Salinity is the total concentration of dissolved ions
in water. It shall be measured by specific conductance in accordance
with the procedures set forth in 40 CFR 136.3, Table 1B, Parameter 64.
[60 FR 4707, Jan. 24, 1995]
[[Page 468]]