98-13021. Coastal Nonpoint Pollution Control Program: Proposed Findings Document, Environmental Assessment, and Finding of No Significant Impact

[Federal Register Volume 63, Number 94 (Friday, May 15, 1998)]
[Notices]
[Pages 27053-27054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13021]


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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. [phone] x 201 or Vicki 
Tsuhako, U.S. EPA, Pacific Island Contact Office, 300 Ala Moana Blvd., 
#5152, Honolulu, HI 96850, tel. [phone].

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. [phone] 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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