&EPA
United States Environmental        Office of Water    -     EPA-823-F-03-004
Protection Agency              4304T              June 20,2003
FACT SHEET	
Water Quality Standards; Proposed
Withdrawal of Aquatic  Life Copper and
Nickel Criteria in South San  Francisco
Bay, California
Summary
The U.S. Environmental Protection Agency (EPA) is proposing to withdraw federal aquatic life
copper and nickel water quality criteria in south San Francisco Bay (the area south of Dumbarton
Bridge). The State of California has adopted numeric aquatic life copper and nickel water quality
objectives for south San Francisco Bay, and EPA has approved these objectives because they meet
the requirements of the Clean Water Act. The federal criteria are no longer necessary because EPA
has approved the criteria the State adopted.

Background
In 2000, EPA found that California's water quality standards did not meet the requirements of the
Clean Water Act (CWA). In accord with the CWA, EPA subsequently promulgated federal numeric
water quality criteria for priority toxic pollutants for inland surface waters and enclosed bays and
estuaries in the State of California.  This regulation is known as the California Toxics Rule or CTR.
These water quality criteria became the approved water quality criteria for toxic pollutants for all
purposes and programs under the Clean Water Act [see 40 CFR 131.38].

Since EPA promulgated the CTR for California, the State has adopted numeric aquatic life copper
and nickel water quality criteria for south San Francisco Bay. The State calls these criteria site-
specific objectives.  EPA found that the State's numeric site-specific objectives fully protect the
designated uses of California's waters in south San Francisco Bay,  and are consistent with the CWA
and federal regulations. Thus, EPA recognizes that the federal aquatic life copper and nickel criteria
in south San Francisco Bay are no longer necessary.

About this Regulation

Why  is EPA seeking to remove the federal criteria now?
The State of California has adopted site-specific objectives that meet the requirements of the CWA.
When EPA approves a state's adopted water quality criteria that meet the requirements of the CWA,
EPA issues a rule withdrawing the federal criteria.

What criteria will apply after EPA removes  the federal criteria?
After the action to remove the federal criteria is finalized, the applicable aquatic life copper and
nickel criteria in south San Francisco Bav will be the State-adopted site-specific objectives, which
EPA has already approved.

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Will California ‘s Site-Spec fic Objectives Protect Designated Uses?
Yes, California’s site-specific objectives will be protective of the designated uses in south San
Francisco Bay, California.
Will there be an Additional Burden on the Regulated Community?
This proposed rule imposes no costs on the regulated community. Removal of the federal criteria
will not result in more stringent water quality standards..
Will it Change the Way National Pollutant Discharge Elimination System (NPDES) Permits are
Written in Cal fornia?
When this proposed rule is finalized, the California Regional Water Quality Board for the San
Francisco Bay Region will no longer have to write permits using both federal and state water quality
standards for south San Francisco Bay; it will only need to comply with state water quality standards.
The State of California is the NPDES permit writing authority and will implement the site-specific
objectives in new and renewed permits. EPA will retain oversight authority.
What will be the Result of Today’s Proposed Action?
EPA’s proposed nile, when finalized, will remove federally promulgated aquatic life copper and
nickel water quality criteria in south San Francisco Bay, California. California’s aquatic life copper
and nickel site-specific objectives will then become the only applicable aquatic life water quality
criteria for copper and nickel in south San Francisco Bay.
How to Get Additional Information or to Submit Comments
For additional information about this proposed rule, or to submit comments, please contact
Diane E. Fleck, P.E., Esq., U.S. EPA Region 9, Water Division (WTR-2), 75 Hawthorne Street, San
Francisco, California 94105; phone 415 972-3480, fax 415 947-3537; e-mail:
Fleck.Diane EPA.gov . Alternatively, you may contact Brian Thompson, U.S. EPA Headquarters,
Office of Water (4305T), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460; phone 202
566-0382; fax 202 566-0409; e-mail Thompson.Brian(2i EPA.gov .
You can find the Federal Register notice that describes this action on the Internet at
http://www.epa.gov/waterscience/standards . The notice tells you how to get more information, how
to submit comments, and how to review the complete administrative record.

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