[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Notices]
[Pages 45504-45505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22895]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6152-2]
Section 319 Federal Consistency Guidance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability and request for comment.
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SUMMARY: The Environmental Protection Agency (EPA) requests public
comment on proposed guidance on implementation of the Federal
consistency provisions established by sections 319(b)(2)(F) and (k) of
the Clean Water Act (CWA) (33 U.S.C. 1329(b)(2)(F) and (k)). These
Federal consistency provisions authorize each State to review Federal
activities for consistency with the State nonpoint source management
program. If the State determines that an application or project is not
consistent with the goals and objectives of its nonpoint source
management program and makes its concerns known to the responsible
Federal agency, the Federal agency must make efforts to accommodate the
State's concerns or explain its decision not to in accordance with
Executive Order 12372.
The proposed Federal consistency guidance describes (a) the States'
role in identifying Federal programs for consistency review, (b) the
Federal obligation to accommodate the concerns of the States in
accordance with Executive Order 12372, (c) the criteria and methods for
reviewing Federal assistance programs and development projects for
consistency with a State's nonpoint source management program, and (d)
EPA's role in assisting States and Federal agencies with resolution of
any conflicts which may arise. EPA has developed the draft guidance in
close consultation with State and Federal agencies.
The Federal consistency provision provides a tool to promote
communication and cooperation between State and Federal agencies for
achievement of shared water quality goals. The purpose of the guidance
is to support closer coordination among State and Federal agencies to
improve implementation of nonpoint source management programs and more
effectively protect water quality.
DATES: Written comment should be addressed to the person listed
directly below by November 24, 1998.
ADDRESSES: Comments should be sent to Robert Goo, Assessment and
Watershed Protection Division (4503F), U.S. Environmental Protection
Agency, 401 M Street, SW., Washington, DC 20460, telephone (202) 260-
7025 or by E-mail to [email protected].
This document is available on the Internet at www.epa.gov/owow/NPS
or contact Robert Goo at (202) 260-7025 to request a copy.
FOR FURTHER INFORMATION CONTACT: Robert Goo at (202) 260-7025.
SUPPLEMENTARY INFORMATION:
I. Background
Nonpoint source pollution is water pollution caused by rainfall or
snowmelt moving over and through the ground and carrying natural and
human-made pollutants into lakes, rivers, streams, wetlands, estuaries,
coastal waters, and ground water. Atmospheric deposition and hydrologic
modification are also sources of nonpoint pollution.
Across the United States, States have reported that nonpoint source
pollution is the most pervasive cause of water quality problems. See
the National Water Quality Inventory: 1996 Report to Congress,
available from EPA, at NCEPI, 11029 Kenwood Road, Bldg. 5, Cincinnati,
OH, 45242. For further information, visit EPA's Office of Water 305(b)
website at http://www.epa.gov/305b. Other information corroborates this
finding. See the Index of Watershed Indicators, available online at
http://www.epa.gov/surf. EPA and the States are accelerating their
efforts to prevent and reduce nonpoint source pollution. See the Clean
Water Action Plan at http://www.epa.gov/cleanwater.
Congress enacted section 319 of the Clean Water Act in 1987,
establishing a national program to control nonpoint sources of water
pollution. Under section 319, States address nonpoint pollution by
developing nonpoint source assessment reports that identify nonpoint
source pollution problems and the nonpoint sources responsible for the
water quality problems. States then develop management programs to
control nonpoint source pollution. All States now have EPA-approved
nonpoint source assessment reports and management programs and are
implementing their management programs.
Federal agencies have key roles to play in helping to control
nonpoint source pollution. In recognition of this, Congress included in
section 319 a provision to promote the consistency of Federal
assistance programs and development projects with State nonpoint source
management programs. Section 319 provides for State review of Federal
assistance applications and development projects to determine their
consistency with the requirements, goals, policies and other provisions
of the State's nonpoint source management program. Use of the Federal
consistency provision will provide States and Federal agencies the
opportunity to improve nonpoint source programs through mutual
cooperation and coordination of activities.
The guidance that EPA is now proposing to publish on implementation
of the Federal consistency provisions is intended to help States and
EPA follow through on mutual commitments made between States and EPA to
take steps to strengthen the linkage between State nonpoint source
programs and Federal programs and activities through section 319. EPA
intends to work with States and Federal agencies to support
implementation of the section 319 Federal consistency provision. EPA
will conduct educational and liaison activities, provide technical
assistance to State and Federal agencies, and, if
[[Page 45505]]
requested, facilitate State-Federal negotiations and assist with
mediation and conflict resolution. EPA will also work with Federal
agencies to support their pollution abatement and environmental
protection efforts and their efforts to ensure that their programs and
policies are compatible with the Clean Water Act, the States' water
quality standards and program implementation goals.
II. Scope of the Proposed Guidance
The proposed guidance will cover the following topics:
(1) Statutory Authority: Authority for the States' nonpoint source
Federal consistency review is found in two provisions in section 319 of
the Clean Water Act. Section 319(b)(2)(F) directs States to list
Federal assistance applications and development projects which they
would like to review for consistency in their State management program.
Section 319(k) directs Federal Agencies to ``accommodate'' the concerns
of the State according to EO 12372.
(2) Executive Order 12372: Executive Order 12372 specifies that:
(a) Federal agencies must provide opportunities for State and local
consultation on proposed Federal financial assistance and development;
(b) Federal agencies communicate with the States according to their
State processes and to do so as early as is ``reasonably feasible.'';
(c) States may develop their own processes to review and coordinate
proposed Federal financial assistance and development; and (d) Federal
agencies must ``make efforts to accommodate State and local elected
officials' concerns.''
(3) Federal Assistance Programs and Development Projects: Federal
assistance applications and development projects covered by the
consistency provision include all programs which are listed in the
Catalogue of Federal Domestic Assistance and may have an effect on the
purposes and objectives of the State's nonpoint source program,
regardless of whether or not they are subject to Executive Order 12372.
(4) State Nonpoint Source Management Programs: For States that did
not include Federal consistency provisions in their original nonpoint
source management programs, EPA recommends inclusion of Federal
consistency in subsequent nonpoint source management program upgrades.
A modified or upgraded nonpoint source management program defines
Federal consistency review guidelines and identifies assistance
programs and development projects that are or may be inconsistent with
the State's nonpoint source management program.
(5) How to Review for Consistency: States review Federal assistance
programs and development projects for consistency by referring to the
specific goals, objectives, programs, and authorities contained in the
State's nonpoint source management program. States should outline their
Federal consistency review process criteria and guidelines as clearly
as possible in their Management Program. These criteria and guidelines
may be provided to the State Single Point of Contact, all State and
local agencies with nonpoint source responsibilities or interest, all
relevant Federal agencies, and others, as appropriate.
(6) Use of Existing Review Mechanisms: EPA provides information on
other existing review processes that may also prove useful for ensuring
Federal consistency with State nonpoint source management programs.
Dated: August 10, 1998.
J. Charles Fox,
Acting Assistant Administrator, Office of Water.
[FR Doc. 98-22895 Filed 8-25-98; 8:45 am]
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