Coastal Nonpoint Pollution Control Program: Proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY

Coastal Nonpoint Pollution Control Program: Proposed Findings

Document, Environmental Assessment, and Finding of No Significant

Impact

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

Department of Commerce, and The U.S. Environmental Protection Agency.

ACTION: Notice of availability of proposed findings document,

environmental assessment, and finding of no significant impact on

approval of the coastal nonpoint pollution control program for Hawaii.

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SUMMARY: Notice is hereby given of the availability of the Proposed

Findings Document, Environmental Assessment (EA), and Finding of No

Significant Impact for the Hawaii Coastal Nonprofit Pollution Control

Program (CNPCP). Coastal states and territories were required to submit

their coastal nonprofit programs to the National Oceanic and

Atmospheric Administration (NOAA) and the U.S. Environmental Protection

Agency (EPA) for approval in July 1995. The Findings document was

prepared by NOAA and EPA to provide the rationale for the agencies'

decision to approve the State coastal nonpoint pollution control

program

Section 6217 of the Coastal Zone Act Reauthorization Amendments

(CZARA), 16 U.S.C. section 1455b, requires States and territories with

coastal zone management programs, approved under section 306 of the

Coastal Zone Management Act, to develop and implement coastal nonpoint

pollution control programs. These programs shall be developed in close

coordination with State and local water quality plans and programs

required under the Clean Water Act (CWA) and will provide an update to

the State's nonpoint source program. The EA was prepared by NOAA,

pursuant to the National Environmental Policy Act (NEPA) 42 U.S.C.

sections 4321 et seq., to assess the environmental impacts associated

with the approval of the coastal nonpoint pollution control program

submitted to NOAA and EPA by Hawaii.

NOAA and EPA have proposed to approve, with conditions, the coastal

nonpoint pollution control program submitted by Hawaii on June 28,

1996. The requirements of 40 CFR Parts 1500-1508 (Council on

Environmental Quality (CEQ) regulations to implement the National

Environmental Policy Act) apply to the preparation of the Environmental

Assessment. Specifically, 40 CFR section 1506.6 requires agencies to

provide public notice of the availability of environmental documents.

This notice is part of NOAA's action to comply with this requirement.

Introduction

Nonprofit source pollution from agriculture, urban development,

forestry, wetlands, marinas and recreational boating, and

hydromodification is a major cause of water quality impairment

nationally and in Hawaii. The State of Hawaii, along with various

Federal, State and local agencies, private non-profit groups, private

citizens, and landowners are involved in many efforts to reduce and

prevent nonpoint source pollution.

[[Page 27054]]

Hawaii's CNPCP submittal provides a good description of State

activities to address the challenging and critical problems associated

with nonpoint source pollution. To improve the effectiveness of the

Program, the Hawaii Department of Health (HIDOH) and the Department of

Business, Economic Development and Tourism (DEBT) are currently

developing an Implementation Plan with extensive input from local,

State and Federal agencies, non-government organizations and private

individuals. This Plan will identify priority activities, including

milestones and lead responsibilities, that the State believes are key

to completing development of the State's CNPCP and to improving the

effectiveness of the State's program to address nonpoint source

pollution generally. In order to develop a full approvable program, the

Sate should also include in the implementation Plan: the actions

necessary to meet the conditions identified in the Findings; explain

how back-up authorities will be used to ensure implementation, should

voluntary efforts fail; and, provide for evaluation, feedback, public

review and program adjustments, as necessary.

Background: Description of Hawaii's Nonpoint Source Program

The development and implementation of the Hawaii CNPCP is the joint

responsibility of HIDOH and DBEDT. The HIDOH has primary responsibility

for the protection of water quality from nonpoint sources of pollution.

In 1990, HIDOH completed Hawaii's Assessment of Nonpoint Source

Pollution Water Quality Problems and Hawaii's Nonpoint Source (NPS)

Pollution Management Plan. The Clean Water Act (CWA) Section 319

required states to develop an assessment report detailing the extent of

nonpoint source pollution and a management program specifying nonpoint

source controls, in order to be eligible for Federal funding. The State

receives Federal funds approximately $768,000/year) under the Clean

Water Act, Section 319, to implement the State NPS Plan.

The Office of Planning in DBEDT (formerly Office of State Planning)

has primary responsibility for Hawaii's Coastal Zone Management (CZM)

Program, approved in 1978. This program is implemented through a

network of State and county agencies with responsibility for land and

water use controls, resource management and environmental protection.

The State receives Federal funds (approximately $785,000/year) under

the Coastal Zone Management Act, Section 306, to implement the CZM

Program.

Hawaii's Response to Section 6217 of CZARA

In response to the CZARA requirements, DBEDT and HIDOH undertook a

joint effort (August 1993 to June 1996) to develop a CNPCP that would

improve the statewide nonpoint source program and comply with CZARA.

This effort was designed to strengthen the links between Federal and

State coastal zone management and water quality programs. As lead

agencies, DBEDT and HIDOH prepared the State submittal with extensive

input from both working and focus groups that included representatives

from Federal, State and local agencies, affected industries,

businesses, environmental organizations and landowners. The State

received funds under CZARA Section 6217 to help develop their coastal

nonpoint source pollution program from Fiscal Year (FY)92 through FY95.

Funding under CZARA, Section 6217 was not appropriated by Congress in

FY96 and FY97. In FY98, Hawaii will receive $52,000 under Section 6217

to assist in the development of its coastal nonpoint pollution control

program.

The State CNPCP emphasizes a mix of regulatory and non-regulatory

approaches that rely and build on existing authorities at the State and

local level. The CNPCP submittal summarizes existing programs, provides

an understanding of State and local agencies roles and

responsibilities, and helps to identify gaps in the program. The CNPCP

includes broad and specific recommendations to strengthen supporting

programs, improve coordination, implement management measures and

facilitate watershed and/or community-based approaches. The State is

developing an Implementation Plan that will describe how these

recommendations will be implemented and what other steps the State will

take to meet the conditions identified in the proposed Findings.

EPA and NOAA's Review of Hawaii's 6217 Submittal

Hawaii's CNPCP provides a foundation for polluted runoff control.

It describes existing Federal, State, and local programs and makes

recommendations to improve nonpoint pollution control in the State.

However, the proposed Findings conclude that additional work needs to

be done to fully address the requirements of CZARA. In summary:

the State needs to fully describe how the management

measures will be incorporated into the State's CNPCP and how they will

be implemented;

the State needs to describe how existing ``back-up''

authorities will be used to ensure implementation of the management

measures, if voluntary efforts fail;

the State needs to adequately address common program

elements related to technical assistance, critical coastal areas,

additional management measures and monitoring.

Accordingly, EPA and NOAA's approval of Hawaii's CNPCP includes

conditions for addressing the above areas. These conditions must be met

within 5 years, as specified in the March 16, 1995 Flexibility

Guidance, for the State to receive full program approval. The State,

NOAA and EPA will work together to annually review progress toward

meeting these conditions, with the goal of developing a fully

approvable Hawaii CNPCP that results in environmental and public health

protection and meets the requirements of CZARA.

Copies of the Proposed Findings Document, Environmental Assessment,

and Finding of No Significant Impact may be obtained upon request from:

Joseph P. Flanagan, Coastal Programs Division (N/ORM3), Office of Ocean

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

Silver Spring, Maryland 20910, tel. (301) 713-3152 x 201 or Vicki

Tsuhako, U.S. EPA, Pacific Island Contact Office, 300 Ala Moana Blvd.,

#5152, Honolulu, HI 96850, tel. (808) 541-2710.

DATES: Individuals or organizations wishing to submit comments on the

proposed Findings or Environmental Assessment should do so by June 15,

1998.

ADDRESSES: Comments should be made to: Joseph A. Uravitch, Coastal

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

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

20910, tel. (301) 713-3155 x 195. (Federal Domestic Assistance Catalog

11.419 Coastal Zone Management Program Administration)

Dated: May 12, 1998.

John Oliver,

Acting Assistant Administrator for Ocean Services and Coastal Zone

Management, National Oceanic and Atmospheric Administration.

Robert H. Wayland, III,

Director, Office of Wetlands, Oceans and Watersheds, Environmental

Protection Agency.

[FR Doc. 98-13021 Filed 5-14-98; 8:45 am]

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