been both carrot and stick; over the past 14 years, the 
EPA has provided nearly $1.3 billion to San Francisco 
Bay for construction grants for sewage facilities in 
the Bay area, granted under Section 201. State and 
local agencies have provided the 25 percent match. 
4) Under Section 404 of the Act, the Army Corps of Engi¬ 
neers, subject to EPA's review, issues dredge and fill 
permits. A permit must be denied if the request does 
not meet the series of tests set forth in Section 404. 
In regard to San Francisco Bay, 404 activity relates to 
the protection of seasonal wetlands, most of which are 
diked. As Michael Josselyn stated earlier, 95 percent 
of the Bay and Delta wetlands have already been filled 
or diked. EPA requires that all efforts be made to 
avoid filling any more wetlands. At the very least, 
there must be no net loss, meaning that other land may 
be restored to wetland. A major problem on the Bay, 
however, is that there is no mitigation land available. 
The so-called "available land" may be held for $300,000 
to $400,000 per acre, clearly an unrealistic option. 
5) EPA, under the National Environmental Policy Act 
(NEPA), must review and comment on all Environmental 
Impact Statements (EISs) which are required for any 
agency constructing a Federal project. In contrast to 
Clean Water Act mandates described above, which are 
media-specific, NEPA provisions are project-specific 
where water issues are just one aspect under considera¬ 
tion. On the Bay, EPA's role includes reviewing EISs 
for construction of municipal sewer facilities, Army 
Corps of Engineers proposals for navigation improve¬ 
ments, and Bureau of Reclamation projects to develop 
water supplies. 
These five areas, under the Clean Water Act and NEPA, re¬ 
presents EPA's primary responsibility on the Bay. As you have 
noticed, each of these programs is a site-specific, project-spe¬ 
cific response to an action. What is missing is an understand¬ 
ing of the whole -- how all of these pieces fit into a larger 
context. 
Mike Josselyn asked me to speak specifically to the rela¬ 
tionship between EPA and other Federal agencies actively in¬ 
volved in the management of the Bay. EPA interacts in a formal 
capacity with two Federal agencies: the Army Corps of Engineers 
in the 404 dredge and fill permits process described previously 
and the U.S Coast Guard on oil and hazardous waste spills 
through EPA's Emergency Response Team. EPA also reviews EISs 
submitted by any agency. 
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