San Franscisco Estuary Project - CCMP - U.S. EPA Administrator's Letter

United States Environmental Protection Agency
Washington, D.C. 20460
Dec - 9 1993

Honorable Pete Wilson
Governor of California
Sacramento, California 95814

Dear Governor Wilson:

Thank you for your letter of November 17, 1993, concurring with the Comprehensive Conservation and Management Plan (CCMP) for the San Francisco Bay-Delta. I am pleased to add my approval of the CCMP and look forward to our working together in its implementation. The CCMP is an impressive culmination of a public-private process to identify the problems afflicting the Bay and their solutions. Through its 144 specific action items, the CCMP provides a detailed strategy for protection and restoration of a nationally significant natural resource, the San Francisco Bay-Delta. Sections 319 and Titles II and VI of the Clean water Act are available to the State of California to assist in implementing the CCMP as provided for in the Act.

I appreciate your stated desire to work closely with the Federal Government in the implementation of the CCMP. This is essential if we, together with our partners in the private sector, are to achieve the important goals and actions it reflects. We support your commitment to ensure a "constructive state role" in the implementation of the CCMP. Further, your substantial commitment of resources on behalf of the State of California, more than twice that of the Federal government over the next 20 years, is a clear reflection of your leadership in restoring and protecting the Bay-Delta. As you state in your letter, this does indeed "reflect the State's existing and continuing commitment to provide the lead in restoring and protecting the environmental values of this great Estuary." You had included several conditions and concerns in your concurrence which I have responded to in the enclosed document.

I fully agree with the Management Conference's decision to place the responsibility for managing the Conference and overseeing the implementation of the CCMP in the San Francisco Bay Regional Water Quality Control Board, and the integration of actions into the water resource agency's programs. The Environmental Protection Agency (EPA) and the other Federal Agencies which have supported the development of the CCMP will continue to work together, under the Executive Council's leadership, to ensure the CCMP is successfully implemented.

I want to close by stressing EPA's commitment to work with you to protect this critical resource. We can build upon the cooperative relationship we have begun through the San Francisco Estuary Project. In addition, I want to thank the Estuary Project participants who worked so diligently to prepare the Plan.

If you have any questions or concerns regarding this approval, please contact me or call Robert Perciasepe, Assistant Administrator for Water, at (202)260-5700.

Sincerely,

Carol M. Browner
Enclosure

Attachment
EPA's Comments on Governor Wilson's Concurrence

The conditions raised in Governor Wilson's November 17, 1993, letter relates to the purpose of the CCMP and clarify the State's interpretation of several provisions of the Plan. Given the unique nature of the CCMP and the numerous challenges facing the Bay-Delta estuary, it is important that State and Federal roles in implementing the Plan are clearly stated. In this way, both can direct their efforts towards implementation of actions that achieve improved environmental conditions.

The CCMP represents a commitment on behalf of the participants in the Management Conference to coordinate their efforts "to achieve and maintain an ecologically diverse and productive natural estuarine system.~ As such, the CCMP establishes a framework for an expanded partnership among all parties concerned with the environmental and economic well-being of the Bay-Delta region. The Plan does not provide the Federal government with new authority to regulate activities in the BayDelta estuary.

Implementation relies primarily on the support that the Plan has among the parties responsible for carrying out the actions. Clearly, some CCMP actions can be implemented by existing agencies under current authorities, and several actions are already underway. Other actions, however, will require additional resources; and a few call for changes in Federal or State legislation. Therefore, key decision-makers will need to develop understandings and agreements among themselves to ensure successful implementation.

To facilitate CCMP implementation, the Plan envisions establishing an interagency oversight entity. Specifically, the entity would set priorities, identify lead-agencies, seek needed resources, develop strategies based on cross-cutting CCMP actions, ensure follow-through on commitments, and provide for direct public participation. EPA recognizes State support for the membership of the Executive Council as described in the CCMP and the concern that proposed legislation may establish different representation. EPA and the State can work together to ensure that the Executive Council membership would be consistent with the CCMP.

It is understood that funds for implementing the CCMP may be limited. Since completion of the CCMP, lead responsibility for San Francisco Estuary Project (SFEP) administration and CCMP oversight has been transferred to the State at the San Francisco Bay Regional Water Quality Control Board. Most recently, EPA has provided nearly $300,000 to the Board and other parties to assist with these activities. However, additional funds may be required to support implementation more fully.

The CCMP can be used to help target existing funding and to justify the need for additional funding to ensure that environmental results are achieved in an effective and efficient manner. For example, existing sources of funding available to the State could be used to implement CCMP actions. Section 320 of the Clean Water Act (CWA), which authorizes the National Estuary Program, states that funds for CCMP implementation may be provided for eligible activities under Section 319 and under Title~ II and VI of the CWA.

The CCMP Aquatic Resources and Wetlands Program Area~ were among the most controversial considered by the SFEP Management Committee and were adopted by majority votes, rather than unanimous agreement. Nevertheless, both reflect a high level of agreement and make an important contribution to improving conditions throughout the Bay-Delta estuary Implementation of some of these actions will take further consideration by key decision-makers based on related State and Federal mandates.

The Aquatic Resources Program Area will require especially close coordination between State and Federal agencies. Four of the Federal agencies that participated in the development of the CCMP Fish and Wildlife Service, National Marine Fisheries Service, Bureau of Reclamation, and EPA) are preparing to announce on December 15, l993, an integrated set of proposed strategies including water quality standards designed to restore and protect the estuary's declining fish populations and critical habitats. EPA is encouraged by California's commitment to contribute to a cooperative process and to take actions now to stabilize the health of the estuary.

The commitment to develop an implementation plan for the December 15 proposal will be essential to ensure that all users share responsibility for protecting the estuary. The development of an effective implementation plan should include all stakeholders concerned with the environmental and economic well being of the Bay-Delta and its watershed. Industries, municipalities and fisheries in the Bay-Delta area, as well as users in the watershed that depend on freshwater diversions from the Delta, should all have an active role in implementation.

EPA and the Federal agencies also share your desire to proceed expeditiously to find a long-term solution. With a State commitment to pursue joint implementation of the Federally proposed strategies, the Federal agencies stand ready to participate in a joint process on long-term solutions. This approach would provide a workable framework for a true state federal partnership on these issues.

It is correct that EPA regards the CCMP as "neither requiring nor recommending the use of a two (2) parts per thousand (ppt) salinity measurement as a water quality standard."

However, based on the strong endorsement of the scientific community, EPA has stated its intent to propose 2 ppt salinity criteria for comment on December 15. However, EPA would approve alternative criteria adopted by the State, provided that they are sufficient to protect the designated uses of the estuary.

In terms of the CCMP Wetlands Program Area, EPA agrees that some of the recommendations may require further consideration by the appropriate State and Federal agencies to ensure consistency with their respective mandates and policies, including the recently announced State Wetlands Conservation Policy and President Clinton's Wetlands Plan. In that regard, my approval of the final CCMP is based upon an understanding that the appropriate entities will consider the CCMP recommendations in light of other significant efforts to effectively protect and restore wetlands. Since 1991, EPA has provided over $1 million to the State for development of its wetlands program. EPA looks forward to continued support of State efforts to improve the quality of wetlands within the State and to working with California to ensure that these activities are coordinated with implementation of the CCMP.

CCMP implementation will complement and enhance the many efforts currently underway to improve environmental conditions throughout the Bay-Delta estuary. Implementation will provide a means for the key stakeholders to work together, to maintain in the long-run a sustainable ecosystem that provides economic, social, and environmental benefits. EPA's resolve to promote such ongoing stewardship can demonstrate that environmental protection and economic prosperity can be successfully linked. Furthermore, EPA and the State together can demonstrate that growth can take place in a manner that not only enhances the estuary, but also ensures that our neighborhoods, communities, and regions continue to be great places to live.

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