Lake Merritt, Oakland. Photo by City of Oakland.

Regional Water Board Adopts a Permit That Mandates Essential Investments to Safeguard San Francisco Bay

By Roni Gehlke, Clean Water Magazine, editor , Emerging Issues

With the new year brings costly challenges for wastewater agencies in the San Francisco Bay Area. On July 10 last year, the San Francisco Bay Regional Water Quality Control Board adopted new permit requirements under the Clean Water Act which came into effect October 1. These requirements mandate that 40 facilities discharging into the Bay collectively reduce nutrient discharges by 40% from 2022 levels within a decade.

The Water Resources Board believes that necessary reductions in sewage treatment nutrients will limit the threat of harmful algal blooms (HABs), also referred to as ‘red tides,’ which endanger water quality and aquatic species. Studies have shown that excessive nutrients are a major contributor to HABs, leading to a dramatic depletion of dissolved oxygen levels, which kills aquatic species.

 “This permit will significantly reduce the likelihood of large harmful algal blooms and resulting fish kills, and it represents a significant investment by Bay Area wastewater agencies to come together to improve the health of San Francisco Bay for all,” said Alexis Strauss Hacker, chair of the San Francisco Bay Regional Water Board. “The permit is based on many years of monitoring and research with our partners, namely the Bay Area-wide wastewater agencies and the San Francisco Estuary Institute. By reducing nitrogen loadings to the Bay over the coming decade, we will strengthen the protection of water quality for all in the region.”

The regional board notes that rather than taking a one-size-fits-all Lake Merritt, Oakland. Photo by City of Oakland. approach to solving the problem of nutrients in the bay, the permit offers sewage treatment agencies many options to comply, ranging from optimizing existing systems to constructing entirely new treatment processes. Nature-based approaches, such as treatment wetlands, can provide multiple environmental and community benefits in addition to nutrient removal. Wastewater recycling can reduce nutrient discharges while augmenting water supplies. The regional water board encourages multi-benefit projects and the use of innovative technologies.

“The Regional Board’s action will trigger 40 facilities to construct billions of dollars in infrastructure upgrades within 10 years,” said Lorien Fono, Executive Director of the Bay Area Clean Water Agencies (BACWA).

Fono further states it will cost Bay Area wastewater ratepayers substantially to meet this narrow window of compliance, “While the public wastewater agencies who discharge to the San Francisco Bay are deeply committed to protecting the San Francisco Bay, we believe for a price tag this large for Bay Area residents, the best approach is for the Regional Board to extend the compliance schedule to allow agencies to build multi-benefit recycled water projects that add to the region’s water supply while simultaneously reducing nutrient loads.”

Fono went on to say that 10 years is simply not feasible to complete some large capital projects, and agencies are at risk of non-compliance even if they move forward with the best planning and intentions.

“The tight timeline will also drive up costs due to competition between agencies for consultants, contractors, and materials,” she said.

The Regional Water Board supports projects that offer multiple benefits and promote innovative practices and technologies. It states that dischargers have the flexibility to identify and implement cost-effective solutions. Preventing red tides in the coming years will help protect public health, efforts to safeguard endangered species, and the region’s economy.

“Whenever possible, Bay Area clean water agencies want to pursue strategic no-regrets upgrades and multi-benefit projects that use innovative technologies to lower costs, reduce greenhouse gas emissions, or enhance shoreline resilience or water supply,” says Jackie Zipkin, Chair of BACWA and General Manager of the East Bay Dischargers Authority, a joint powers authority managing wastewater for over one million East Bay residents.

She goes on to say that nutrient reduction projects are very costly and require careful planning. Wastewater treatment plants must operate 24 hours a day and continue to operate throughout construction.

Zipkin reports that 14 of the 40 regional wastewater facilities have already enhanced nutrient removal and several others are upgrading to decrease nutrient levels further. She added, “The 10-year compliance schedule required by the new permit will make it difficult to implement large and complex projects, including multi-benefit water recycling options.”

The Water Board adopted a resolution alongside the permit adoption, directing its staff to explore ways to extend the Compliance Schedule.

“The current compliance timeline will disincentivize innovative projects in favor of traditional gray infrastructure and projects that can be completed quickly, even if they are not the best for the community,” says Fono. “The Regional Board has pledged to work with the State Water Resources Control Board to allow for longer compliance timelines so that we can create a coordinated regional plan that maximizes benefits to people and the environment while managing rate increases.”


What are HABs?

Harmful Algal Blooms (HABs), often referred to as red tides, are characterized by a reddish-brown hue and are seen in various areas of San Francisco Bay. According to the California Department of Public Health (CDPH), red tides have existed for thousands of years, are not always harmful, and usually dissipate on their own. Nevertheless, San Francisco Bay encountered toxic HABs in the summer of 2022 and late July 2023.

Red-tide HAB in Lake Merritt, Oakland. Photos by Ingrid Taylar.

Red-tide HAB in Lake Merritt, Oakland. Photos by Ingrid Taylar.

The weeks-long HABs caused by the invasive marine algae species, heterosigma akashiwo, which are known to trigger toxic ‘red tides’ that are harmful to fish and other aquatic organisms. Evidence of the San Francisco blooms first emerged near Alameda, CA, in late July 2022. The bloom later spread to the open waters of South San Francisco Bay and continued expanding into San Pablo Bay, making it the largest bloom in recorded history.

HABs occur due to excessive algae growth, including phytoplankton, and can produce cyanotoxins that pose risks to human health and aquatic ecosystems. These blooms result in low dissolved oxygen levels, which can suffocate fish and lead to significant fish mortality events, such as the one in 2022 that caused the death of an estimated 10,000 fish in the San Francisco Bay region.

As water temperatures rise, scientists are worried that HABs are becoming more frequent and intense across California in areas where they previously did not exist. The CDPH agrees that the increase in red tide activity could be related to human activity, which has significantly amplified the nutrients entering coastal waters.