Coastal Nonpoint Pollution Control Program Programmatic Environmental Impact Statement Scoping

Federal RegisterDec 6, 1994

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

Coastal Nonpoint Pollution Control Program Programmatic

Environmental Impact Statement Scoping

AGENCY: National Oceanic and Atmospheric Administration, U.S.

Department of Commerce.

ACTION: Notice of Intent to Prepare a Programmatic Environmental Impact

Statement.

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SUMMARY: Pursuant to Section 6217 of the Coastal Zone Act

Reauthorization Amendments of 1990, 16 U.S.C. 1455b, the National

Oceanic and Atmospheric Administration (NOAA) proposes to prepare a

programmatic environmental impact statement (PEIS) on the approval of

state coastal nonpoint pollution control programs.

The requirements of 40 C.F.R. parts 1500-1508 [Council on

Environmental Quality (CEQ) regulations to implement the National

Environmental Policy Act (NEPA)] apply to the preparation of the PEIS.

Specifically, 40 CFR 1501.7 requires an early and open ``scoping''

process. This notice is part of NOAA's action to comply with the

scoping requirement.

DATES: Individuals or organizations wishing to submit comments on these

or other issues should do so by December 30, 1994.

ADDRESSES: Comments should be made to: Marcella Jansen, Coastal

Programs Division (N/ORM3), Office of Ocean and Coastal Resource

Management, NOAA, 1305 East-West Highway, Silver Spring, Maryland

20910, tel. (301) 713-3098, x143.

FOR FURTHER INFORMATION CONTACT:

Marcella Jansen, Coastal Programs Division (N/ORM3), Office of Ocean

and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway,

Silver Spring, Maryland 20910, tel. (301) 713-3098, x143.

SUPPLEMENTARY INFORMATION: Section 6217 of the Coastal Zone Act

Reauthorization Amendments of 1990 requires states with coastal zone

management programs that have received Federal approval under section

306 of the Coastal Zone Management Act (CZMA) to develop and implement

coastal nonpoint pollution control programs (coastal nonpoint

programs). Coastal states are required to submit their coastal nonpoint

programs to NOAA and the Environmental Protection Agency (EPA) for

approval by July, 1995. Once approved, these programs will be

implemented through changes to the state nonpoint source pollution

program approved by EPA under section 319 of the Clean Water Act and

through changes to the state coastal zone management program approved

by NOAA under the CZMA. To assist states in the development of their

programs, NOAA and EPA jointly published a program development and

approval guidance document.

EPA also published a technical guidance document specifying

management measures for sources of nonpoint pollution in coastal

waters. This management measure guidance addresses five source

categories of nonpoint pollution: agriculture, forestry, urban,

marinas, and hydromodification. Management measures are also included

for wetlands protection, riparian areas, and vegetated filter strips.

In addition to these management measures, additional management

measures must be developed and implemented by each state for land uses

and critical areas adjacent to impaired or threatened coastal waters.

NOAA proposes to prepare a programmatic environmental impact

statement (PEIS). This PEIS will assess the environmental impacts

associated with the implementation of the requirements of the section

6217 program. The PEIS will form the basis for the subsequent NEPA

documents (environmental impact statements or assessments) NOAA will

prepare on each of the 29 state coastal nonpoint programs submitted for

approval. When a state program is proposed, a subsequent NEPA document

will be prepared which addresses the state-specific environmental

impacts arising from that method of implementing the program. These

subsequent NEPA documents will present a summary of the issues

addressed in the PEIS and, as appropriate, incorporate by reference the

analyses presented in the PEIS.

Possible alternatives to the proposed action of approval of the

state coastal nonpoint programs include: (a) Conditional approval of

the programs; and, (b) denial of program approval.

Based on discussion with the EPA and other involved Federal

agencies and comments received in response to this notice, NOAA will

develop the draft PEIS. The final PEIS will be published in July, 1995.

Comments on the draft PEIS will be solicited and evaluated in

accordance with 40 CFR Part 1503.

The following preliminary table of contents for the PEIS has been

developed for discussion purposes:

1. Cover Sheet and Abstract.

2. Summary.

3. Table of Contents.

4. Purpose of and Need for the Action.--As part of the Coastal Zone

Act Reauthorization Amendments of 1990, states with approved coastal

zone programs are required to develop and implement coastal nonpoint

programs. Coastal states are required to submit their coastal nonpoint

programs to NOAA and the EPA for approval by July, 1995. NOAA and EPA

must review the programs within six months.

5. Alternatives, including proposed action.--This section will

evaluate reasonable alternatives to the approval of the state programs.

6. Affected Environment.--This section will describe the physical,

chemical, and biological characteristics of the marine and terrestrial

environment within the boundaries of the 6217 management areas that

NOAA recommended after its review of each state's existing coastal zone

boundary and coastal watersheds. Land and water uses within the areas

will also be described.

7. Environmental Consequences.--This discussion will identify

direct and indirect impacts associated with each management measure and

with the implementation of the Coastal Nonpoint Pollution Control

Program, including any adverse environmental impacts which cannot be

avoided. The relationship between the proposed action and the

enhancement of long-term productivity and the irreversible or

irretrievable commitment of resources will be described.

8. List of Preparers.

9. List of Agencies, Organizations and Persons to Whom EIS Sent.

10. Index.

11. Appendices.

(Federal Domestic Assistance Catalog 11.419 Coastal Zone Management

Program Administration)

Dated: November 30, 1994.

W. Stanley Wilson,

Assistant Administrator for Ocean Services and Coastal Zone Management.

[FR Doc. 94-29999 Filed 12-5-94; 8:45 am]

BILLING CODE 3510-12-M

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