Environmental Technical Representative

Environmental Technical Representative to the San Francisco Bay Clean Estuary Program

Background

The San Francisco Bay Regional Water Quality Control Board (RWQCB), Bay Area Stormwater Management Agencies Association (BASMAA), and Bay Area Clean Water Agencies (BACWA) were partners in the Clean Estuary Partnership. Other key participants included the San Francisco Estuary Institute, Clean Water Fund, San Francisco Baykeeper, Port of Oakland and the Western States Petroleum Association.

The CEP provided financial and staff support for technical analysis and stakeholder outreach activities related to the RWQCB’s TMDLs and other Water Quality Attainment Strategies.

As the Environmental Technical Representative to the CEP, Dan Cloak helped Clean Water Action, San Francisco Baykeeper, the Environmental Justice Coalition for Water, and other environmental and environmental justice organizations participate in developing and implementing the RWQCB’s TMDLs and Water Quality Attainment Strategies.

The organizations selected Dan as the top choice (of 5 candidates) based on 11 selection criteria, including technical capability and objectivity, ability to work collaboratively and across disciplines, familiarity with the water quality regulatory process, and ability to convey complex technical concepts.

BACWA contracted with the Rose Foundation for Communities and the Environment for the Environmental Technical Representative’s services. Dan’s contract with the Rose Foundation started in February 2004. Following reviews by Baykeeper, Clean Water Action, and CEP staff, funding was renewed in June 2004 and again in June 2005. The contract ended in June 2006.

Services

Through 2004 and 2005, Dan attended the CEP’s monthly Technical Committee meetings and occasional meetings of various pollutant-specific work groups. He provided comments on technical work products produced by CEP consultants.

Dan met regularly with environmental and environmental justice advocates. He also prepared summaries of—and perspectives on—CEP activities:

Dan’s other contributions include:

Approach and Insights

As is detailed in these reports and memoranda, Dan brought the following insights to the environmental/ environmental justice community and to the CEP:

Legacy pollutants–including mercury, PCBs, chlorinated pesticides, selenium, and dioxins–are concentrated in Bay sediments. These concentrations in sediments ensure the Bay will not achieve water quality standards for generations to come. The rate of recovery cannot be precisely predicted or modeled because it is dependent on highly variable processes, including major flood flows, deposition and erosion of Bay sediments, and sporadic releases from watershed sources.

Given this uncertainty, a precautionary approach is warranted. The CEP should focus on exploring ways to reduce pollutants and to minimize and mitigate effects of pollutants on wildlife and on human health. TMDLs and Water Quality Attainment Strategies should mandate reasonable and feasible pollutant controls and should provide for a robust process of continuous improvement and adaptive management.

Status–June 2006

In December 2005—after the State Water Resources Control Board remanded the San Francisco Bay mercury TMDL back to the Regional Board—the CEP’s Executive Management Board (EMB) began a review of the CEP and San Francisco Bay Region TMDL process.

In February 2006, BASMAA and BACWA effectively dissolved the existing CEP fiscal arrangements. The two groups are discussing with Water Board staff possible future arrangements for supporting work on TMDLs.

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