[Federal Register Volume 68, Number 66 (Monday, April 7, 2003)]
[Notices]
[Pages 16784-16785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

ENVIRONMENTAL PROTECTION AGENCY


Coastal Nonpoint Pollution Control Program: Proposed Findings 
Document

AGENCY: National Oceanic and Atmospheric Administration, Department of 
Commerce, and the Environmental Protection Agency.

ACTION: Notice of availability of proposed findings document on 
conditional approval of coastal nonpoint pollution control program for 
Texas.

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SUMMARY: Second notice is hereby given of the intent to conditionally 
approve the Texas Coastal Nonpoint Pollution Control Program (coastal 
nonpoint program) and notice is hereby given of the availability of the 
revised Proposed Findings Document on the conditional approval. 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 that have received approval under section 306 of 
the Coastal Zone Management Act to develop and implement coastal 
nonpoint programs. Coastal States and

[[Page 16785]]

Territories were required to submit their coastal nonpoint programs to 
the National Oceanic and Atmospheric Administration (NOAA) and the U.S. 
Environmental Protection Agency (EPA for approval. The Findings 
Document was prepared by NOAA and EPA to provide the rationale for the 
agencies' decision to approve each State and Territory coastal nonpoint 
pollution control program. NOAA and EPA have proposed to approve, with 
conditions, the coastal nonpoint pollution control program submitted by 
Texas.
    On September 28, 2001, the first Federal Register notice of NOAA's 
and EPA's intent to conditionally approve the Texas Coastal Nonpoint 
Program and the availability of the Proposed Findings Document, 
Environmental Assessment and Finding of No Significant Impact was 
published. Subsequent to the notice being published, Texas requested 
additional time to provide additional information and address some of 
the conditions before the findings were finalized. Texas was able to 
meet several of the conditions, and NOAA and EPA have revised the 
Proposed Findings Document accordingly. The following changes have been 
made to the Proposed Findings Document: (1) the enforceable policy 
element of the conditions for agriculture, forestry, urban (new 
development, site development, existing development, watershed 
protection, and roads, highways and bridges), marinas, and 
hydromodification has been met through the State's submission of a 
revised legal opinion. (2) The condition for the urban construction 
site chemical control, roads, highways and bridges (construction 
projects and construction site chemical control), and hydromodification 
(dams) erosion and sediment control and chemical and pollutant control 
management measures have been addressed through issuance of the 
National Pollutant Discharge Elimination System (NPDES) Phase II 
permit. (3) NOAA and EPA have reinstated the previously excluded 
agricultural dryland rowcrop area subject to receiving additional 
information to support its exclusion. (4) An alternative for addressing 
the urban new and existing development management measures condition 
has been proposed that would allow Texas to finalize its State NPDES 
rules to ensure that they are required throughout the 6217 management 
area. (5) The findings for the roads, highways and bridges management 
measures (planning, siting, development, operation and maintenance, and 
runoff systems management measures) were revised to clarify that the 
condition applies only to roads, highways and bridges that are not 
under the jurisdiction of the Texas Department of Transportation.
    Copies of the revised Proposed Findings Document may be found on 
the NOAA Web site at http://www.ocrm.nos.noaa.gov/czm/6217/ or may be 
obtained upon request from: Helen Farr, Coastal Programs Division (N/
ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 
East-Fast Highway, Silver Spring, Maryland, 20910, phone (301) 713-
3155, x150 e-mail [email protected].

DATES: Individuals or organizations wishing to submit comments on the 
proposed Findings Document should do so by May 7, 2003.

ADDRESSES: Comments should be made to: John King, Acting Chief, Coastal 
Programs Division (N/ORM3), Office of Ocean and Coastal Resource 
Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland, 
20910, phone (301) 713-3155, x188, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Helen Farr, Coastal Programs Division 
(N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 
1305 East-West Highway, Silver Spring, Maryland, 20910, phone (301) 
713-3155, x150, e-mail [email protected].

(Federal Domestic Assistance Catalog 11.419 Coastal Zone Management 
Program Administration)

    Dated: March 31, 2003.
Ted I. Lillestolen,
Associate Deputy, Assistant Administrator, for Ocean Services and 
Coastal Zone Management, National Oceanic and Atmospheric 
Administration.
    Dated: March 28, 2003.
G. Tracy Mehan, III,
Assistant Administrator, Office of Water, Environmental Protection 
Agency.
[FR Doc. 03-8289 Filed 4-4-03; 8:45 am]
BILLING CODE 6560-50-M