Coastal Nonpoint Pollution Control Program - Program Development and Approval Guidance

This document is the National Oceanic and Atmospheric Administration's (NOAA) and the Environmental Protection Agency's (EPA) Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance for state Coastal Nonpoint Pollution Control Programs (coastal nonpoint programs) developed under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). This document should be read in conjunction with EPA's Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters, which is discussed below. Section 6217 requires states to establish coastal nonpoint programs, which must be approved by both NOAA and EPA. Once approved, the coastal nonpoint programs will be implemented through changes to the state nonpoint source pollution program approved by EPA under section 319 of the Clean Water Act (CWA) and through changes of the state coastal zone management program approved by NOAA under section 306 of the Coastal Zone Management Act (CZMA). Beginning in fiscal year 1996, states that fail to submit an approvable coastal nonpoint program to NOAA and EPA face statutory reductions in Federal funds awarded under both section 306 of the CZMA and section 319 of the CWA. The statute and legislative history indicate that the central purpose of section 6217 is to strengthen the links between Federal and state coastal zone management and water quality programs in order to enhance state and local efforts to manage land use activities that degrade coastal waters and coastal habitats. This is to be accomplished primarily through the implementation of: (1) management measures in conformity with guidance published by EPA under section 6217(g) of CZARA, and (2) additional state-developed management measures as necessary to achieve and maintain applicable water quality standards. This Program Development and Approval Guidance sets forth NOAA's and EPA's interpretation of the statutory requirements for the state coastal nonpoint programs, and is intended to assist states in developing approval programs. The document first provides an overview of the legislative goals and requirements of section 6217. It then provides a description of the criteria that NOAA and EPA will use when reviewing coastal nonpoint programs for approval based on NOAA's and EPA's interpretation of CZARA's requirements. Finally, it discusses the program approval process established by NOAA and EPA. A decision by NOAA and EPA to approve or disapprove a state's program will be made on the basis of the applicable laws and regulations as applied to the specific facts presented by the program.