April 5 , 2016 Don Arnold Chairman UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105-3901

Scotts Valley Band ofPomo Indians Of California 1005 Parallel Drive Lakeport, CA 95464 Re: Initiation of Consultation on Proposed Federal Rulemaking to Revise California's Selenium Aquatic and Aquatic-Dependent Wildlife Criteria Applicable to the San Francisco Bay and Delta Dear Tribal Leader: The U.S
. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally recognized tribes on a proposed federal rulemaking. The rulemaking will propo se a revision to the current federal Clean Water Act (CWA) selenium water quality criteria applicable to the marine and estuarine waters ofthe San Francisco Bay and Delta (the current chronic se lenium criterion i s 5 11 g/L). The pmpose ofthe revision is to consider the best available science and other factors to ensure that the criteria are set at levels that protect aquatic life and aquatic-dependent wildlife , including federally li sted threatened and endangered species. If finalized, the new criteria would be used in sub sequent CWA regulatory processes , including the development ofNational Pollutant Discharge El imination System (NPDES) permits and Total Maximum Daily Loads (TMDLs). EPA's anticipated timeline for the consultation and coordination period is expected to extend from March 30, 2016 through September 30, 20 16. EPA will prepare a consultation and coordination plan , as well as a more detailed timeline , based on the tribes ' responses to this letter. EPA expects to propose the revised selenium criteria va lues for the San Francisco Bay and Delta by June 30, 2016. Background The San Francisco Bay and Delta ecosystem is at risk due to environmental degradation. Numerous factors including elevated levels ofpollutants such as selenium are contributing to this problem. Scientific evidence indicates that elevated selenium levels from bioaccumulation through dietary exposure can contribute to the decline of fish and aquatic-dependent birds. EPA promulgated the San Francisco Bay and Delta's existing selenium criteria in 1992 as prui ofthe National Toxics Rule (NTR), using EPA's recommended aquatic life criteria values at the time
. Struting in 2003, EPA and the Services assisted the USGS in modeling selenium fate and biological uptake in the San Francisco Bay and Delta using recent site-specific and species

- specific data for the esturu-y. EPA analyzed the USGS modeling report and other relevant rep01ts including EPA's revised draft national CWA 304(a) recommended criterion for selenium, DraftAquatic Life Ambient Water Printed on JVO% Postconsumer Rec ycle d Pape1: Process C !tlorine Free
.Quality Criterion for Selenium- Freshwater 2015, EPA 822-P-15-001, July 2015
. EPA then conducted more detailed site-specific modeling for several categories of species that live in the estuary to develop the selenium criteria for the San Francisco Bay and Delta in this proposed rule. Consultation and Public Engagement Process EPA is initiating consultation with tribes in order to consider additional, relevant data and/or information that may be considered by the Agency in regards to this rulemaking. The data and/or informat ion will form part of the administrative record used to support the proposed selenium criteria values for the San Francisco Bay and Delta
. The consultation process is also an opportunity for the tribe to obtain more information on the purpose and effect of a revised selenium criteria value and to have government-to-government dialogue prior to and during the public comment period. The consultation period is from March 30 , 2016 through September 30 , 2016. The public comment period for the proposed rule is expected to be from approximately June 30 , 2016 to mid-August, 2016
. It is uncertain when EPA will finalize the rule at this time because that process will depend on the number and complexity of comments received and how quickly EPA can address comments and incorporate appropriate changes. Next Steps The official contact for this consultation and coordination process on EPA's upcoming proposed federal rule to revise the selenium aquatic and aquatic-dependent wildlife criteria for the San Francisco Bay and Delta is Diane Fleck, who can be reached at 415-972-3527 or email at Fleck
.Diane@EPA.gov
. Should you choose to engage in government-to-government consultation, please identify a point of contact for coordinating the consultation process and to identify any policies that the Tribe may have regarding consultation
. EPA plans to conduct the consultation and coordination process in accordance with the EPA Policy on Cons ultation and Coordination with Indian Tribes (www.epa.gov/triballconsultation/consult-policy
.htm). Working on a government-to-government basis, EPA seeks to solicit feedback and comments from tribes on the proposed rulemaking
. Note that in addition to this consultation process , you will have the opportunity to provide input on the proposed rulemaking during the public comment period which is expected to begin around June 30, 2016. If you have any questions or need additional information , please do not hesitate to contact me at 415- 972-3337. EPA looks forward to meeting with you. 

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Tomas Torres Director, Water Division