Dioxin Issue Paper: Expert Panel Response and Recommendations

Congeners of dioxins and furans have been found in the San Francisco Bay in several species of fish sometimes used for human consumption, causing the State of California to issue an interim fish consumption advisory. This fish consumption advisory has been used by the US Environmental Protection Agency and the State of California as a basis for placing the Bay on the State’s list of impaired waterways required by the Clean Water Act. As a consequence, water quality-based discharge limits for dioxins are now being placed into NPDES permits for dischargers to the Bay where dioxins or furans have been detected in effluents.

At the request of the Bay Area Clean Water Agencies (BACWA), an association of municipal wastewater treatment utilities, the San Francisco Estuary Institute convened a panel of three qualified experts to review the factual case and to make recommendations. As a starting point, BACWA prepared a draft “Dioxin Issue Paper” on February 15, 2008, detailing the environmental problem, the regulatory context, and the specific  difficulties presented by dioxin-related effluent limits in permits. The draft Dioxin Issue Paper also outlined an array of possible regulatory strategies which might help resolve the difficulties faced by dischargers, ranging from strategies related to impairment listing to strategies related to NPDES permit issuance. Panel members were asked to review the draft Dioxin Issue Paper, make recommendations for improvement, and respond to a number of questions posed by the San Francisco Estuary
Institute.

The Panel met in Oakland, California, on February 22, 2008, at the San Francisco Estuary Institute. We were joined by representatives of the San Francisco Bay Regional Water Quality Control Board, the US Environmental Protection Agency, BACWA, and others with expertise in the field. Subsequently, we held numerous conference calls and agreed that we would address the questions posed by the Institute in both short- and long-term contexts. For the short term, we agreed upon recommendations that could help alleviate some of the dioxin-related regulatory difficulties faced by municipal wastewater treatment plants.

For the long-term, however, we agreed that the problems faced by the dischargers are best addressed by solutions for the dioxin contamination problems in the Bay as a whole. We therefore also agreed to recommend a series of steps towards developing an integrated multi-media strategy for reducing dioxin levels in the San Francisco Bay.