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<br />7A - ATTACHMENT NO.2 <br />Page 13 <br /> <br />· If USACE serves as the NEP A lead agency, consulting with USACE to <br />consider whether to prepare a joint EIS/EIR. 6 <br /> <br />B. U.S. Environmental Protection Aeencv'l Reeion 9 (USEP A) <br /> <br />1. Contact Information. <br /> <br />US EP A Region 9 <br />75 Hawthorne Street <br />San Francisco, California 94105 <br /> <br />2. Laws or Regulations Establishing Jurisdiction. <br /> <br />a. Federal Clean Water Act <br />b. Marine Protection, Research, and Sanctuaries Act (MPRSA) <br />c. Resource Conservation and Recovery Act (RCRA) <br />d. Federal Clean Air Act (CAA) <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />Clean Water Act. USEP A has authority to veto a Section 404 permit issued by <br />USACE, if USEP A determines that the discharge would not comply with regulatory <br />standards aimed at protecting water quality or resources, or would result in unacceptable <br />adverse impacts to water resources. (33 U.S.C. ~ 1344(c); 40 C.F.R. ~~ 231.1-231.8.) <br /> <br />On January 5,2010, Alexis Strauss, Director ofUSEPA Region 9's Water <br />Division, sent a letter to the USACE District Office regarding the October 2 <br />Memorandum described above. Ms. Strauss' letter states: <br /> <br />The Corps Headquarters decision to unilaterally issue the 'normal <br />circumstances' memorandum without coordinating with EP A Headquarters <br />or Region 9 was unfortunate and highly inappropriate given our request to <br />Corps Headquarters staff to be consulted in advance before any regulatory <br /> <br />6 / The USACE District Office maintains a "Dredged Material Management Office" <br />"DMMO"). The DMMO is a joint program of US ACE and other stakeholder Federal and State <br />agencies (USEP A, BCDC, RWQCB, State Lands Commission, CDFG, NMFS, and USFWS). <br />The DMMO reviews sediment quality sampling plans, analyzes the results of sediment quality <br />sampling and make suitability determinations for material proposed for disposal in San Francisco <br />Bay. The goal of this interagency office is to coordinate the handling of dredged material in the <br />bay. The DMMO may be an efficient point of contact for purposes of consulting with the <br />various Federal and State agencies focusing on water quality and habitat issues affecting the bay. <br />We therefore recommend consulting with the DMMO. <br /> <br />13 <br />