Unrtecj StMes1
Agency
t-ij.-vK-mstt
m-I" V-M'B V:"^':"-?;**ni : pip'-.-s^- :'*;:;':;'. v- ;o - .-^*~"r/.--v, . i-;-..-! A..»;,-,.
National Estuary Program
-------
-------
TABLE OF CONTENTS
I. PURPOSE 1
II. REQUIRED CCMP CONTENTS 3
Management Conference Membership 5
Characterization Summary 6
Base Program Analysis 8
Action Plans 9
Finance Plan and Implementation Strategy 11
Monitoring Program Plan 13
Federal Consistency Report 15
Public Participation Summary 17
Summary of the Responses to Public Comments 18
III. CCMP APPROVAL... 19
Public Review 21
Management Conference Review and Approval 24
Governor's Concurrence 25
CZM Consistency Review 27
EPA Administrator's Approval 28
List of Figures
Figure 3.1 CCMP Approval Process Flow Chart 20
Figure 3.2 Example Public Notice... 23
Figure 3.3 Example Governor's Concurrence Letter 26
APPENDIX A - Clean Water Act § 320
APPENDIX B - CCMP Approval Checklist
APPENDIX C - Administrator's Approval Schedule
Recycled/Recyclable
Printed on paper that contains
at least 50% recycled fiber
-------
-------
Chapter I. PURPOSE
Purpose of
the National
Estuary
Program
Purpose of
this
Document
Related
Guidance
Documents
Estuaries and other coastal and marine waters are national
resources increasingly threatened by pollution, habitat loss,
coastal development, and resource conflicts. Congress
established the National Estuary Program (NEP) under the
Water Quality Act of 1987 to pioneer a broad and innovative
approach to respond to these threats.
The NEP, managed by the U.S. Environmental Protection
Agency (EPA), identifies nationally significant estuaries and
supports the development of comprehensive management
plans to ensure their ecological integrity. To achieve the
program's goals, a Management Conference is convened for
each NEP to provide a forum for consensus building and
problem solving among interested agencies and user groups.
Management Conferences identify the estuary's
environmental problems, evaluate the existing management
framework, and recommend priority corrective actions. The
individual State/EPA Conference Agreements, negotiated
and signed at the start of each NEP Management Conference,
contain milestones and commitments for pursuing these
goals. Ultimately, these activities result in a comprehensive
conservation and management plan (CCMP) for the estuary.
This document provides a practical reference for NEP
Management Conferences, EPA Regional Project Officers, and
state Program Directors during development of CCMPs. The
first section describes the requirements for approvable
CCMPs. This guidance does not mandate the format in
which the CCMP contents are presented. The second section
describes the process CCMPs must undergo to be approved by
the EPA Administrator.
The information in this document supplements information
in "Saving Bays and Estuaries: A Primer for Establishing and
Managing Estuary Projects" (NEP Primer, August 1989).
Refer to the NEP Primer for additional guidance on preparing
action plans and characterization reports. The NEP Primer
also provides guidance on committee membership, public
participation and review, and CCMP implementation. In
addition to the NEP Primer, guidance documents on the
following NEP topics are available:
-------
Purpose
Q Monitoring Guidance for the National Estuary Program
Q Federal Consistency Review
Q Characterization
Q Base Program Analysis
Q Finance Plan and Implementation Strategy
-------
Chapter II. REQUIRED CCMP CONTENTS
Content &
Statutory
Authority
The CCMP documents all phases of the Management
Conference's workgoal definition, scientific and
institutional characterization, priority setting, action plan
recommendations, and financial planning. When these
activities are complete, a Management Conference submits its
CCMP to the EPA Administrator for approval. Actions
recommended in approved CCMPs are eligible for
implementation funding specifically under Titles n and VI
and Section 319 of the Clean Water Act (CWA). Appendix A
provides a copy of the CWA.
The CWA outlines several components that are required as
part of CCMPs developed under the NEP. These components
are listed below, along with the section of the CWA they are
drawn from:
Related
Documents
Management Conference Membership List
Summary of Characterization Findings
Statement of Priority Problems
Environmental Quality Goals and Objectives
Base Program Analysis
Action Plans
Finance Plan and Implementation Strategy
Monitoring Program Plan
Federal Consistency Review
Summary of Public Involvement and Review
§320(c)
§320(b)(l)-(3)
§320(b)(l)-(3)
§320(b)(l)-(3)
§320(b)(l)-(3),(5)
§320(b)(4)
§320(b)(4),(5)
§320(b)(6)
§320(b)(7)
§320(f)
These contents are detailed in the NEP Primer and the
individual State/EPA Conference Agreements for each
estuary program. Appendix B provides a CCMP Approval
Checklist that summarizes the required CCMP contents
described in this guidance document. EPA uses this checklist
to review the final CCMP when it is submitted for approval.
-------
Required CCMP Contents
Content The following sections summarize the content requirements
Description of a CCMP. There are three parts in each section:
Q Statutory Authority quotes a specific section of the
CWA.
Q EPA Policy explains subsequent policies and Agency
interpretations.
Q CCMP Requirement explains what the CCMP must
contain to meet the requirement.
-------
Required CCMP Contents
Management Conference Membership
Statutory In the CCMP, a Management Conference must demonstrate
Authority that its membership meets the requirements of CWA § 320(c),
which specifies that:
"The members of a Management Conference . . . shall
include, at a minimum, the Administrator [or his
delegated representative] and representatives of
(1) each state and foreign nation located in whole or
in part in the estuarine zone for which the
conference is convened;
(2) international, interstate, or regional agencies or
entities having jurisdiction over all or a
significant part of the estuary;
(3) each interested federal agency, as determined
appropriate by the Administrator;
(4) local governments having jurisdiction over any
land or water within the estuarine zone, as
determined appropriate by the Administrator;
and
(5) affected industries, public and private
educational institutions and the general public,
as determined appropriate by the
Administrator."
EPA Policy One of the most important elements of the NEP process is its
collaborative approach to problem solving and decision
making. Only by setting up a framework for bringing
together diverse interests will resource conflicts be resolved
over the long term. To ensure the effectiveness of this
approach, the CWA requires all parties responsible for and
interested in management or use of the estuary to be
involved in the Management Conference. Management
Conference membership is determined during negotiation of
State/EPA Conference Agreements.
CCMP The Management Conference can demonstrate that it has
Requirement met the membership requirement by listing the members
and their organizational affiliations in the CCMP.
-------
Required CCMP Contents
Characterization Summary
Statutory CWA § 320(b)(l)-(3) specifies that each Management
Authority Conference must:
(1) Assess trends in water quality, natural resources,
and uses of the estuary;
(2) Collect, characterize, and assess data on toxics,
nutrients, and natural resources within the
estuarine zone to identify the causes of
environmental problems; and
(3) Develop the relationship between the inplace
loads and point and nonpoint loadings of
pollutants to the estuarine zone and the
potential uses of the zone, water quality, and
natural resources.
EPA Policy Addressing these purposes helps a Management Conference
characterize the estuary's priority environmental problems
and their likely causes based on current conditions, historical
trends, and projected future conditions. Known as
characterization, this work sets the stage for formulating the
CCMP and its action plans. A solid understanding of what is
wrong with the estuary will lead to stronger support for
recommended actions.
CCMP Each CCMP must include a plain English summary of the
Requirement estuary's characterization results. The summary will be an
important tool in communicating the estuary's condition to a
broad audience. This summary should describe the
following:
Q The estuary's priority problems and the selection criteria
used to determine them.
Q The environmental quality goals and objectives
established for the estuary.
Q The status and trends of the estuary's water quality,
natural resources, and uses.
Q The probable causes of environmental problems,
including data on toxics, nutrients, and natural
resources.
Q The linkages between pollutant loadings and changes in
the estuary's water quality, uses, and natural resources.
6
-------
Required CCMP Contents
Each CCMP should also clearly reference technical studies
conducted as part of the characterization effort. Copies of
technical studies generated during the characterization effort
must be available upon request.
-------
Required CCMP Contents
Base Program Analysis
Statutory In parallel with the physical characterization of the estuary
Authority required under Section 320(b)(l)-(3), Section 320(b)(5) calls for
a management characterization, or base program analysis, of
the estuary in order to:
"develop [action] plans for the coordinated imple-
mentation of the [comprehensive conservation and
management] plan by the states as well as federal and
local agencies participating in the conference;"
EPA Policy The base program analysis assesses the effectiveness of the
estuary's management framework. It describes existing
mechanisms for addressing priority problems identified by
the scientific characterization and recommends options for
improving or enhancing the management framework.
CCMP The base program analysis should include:
Requirement
Q A description of the existing regulatory and institutional
framework.
Q An evaluation of the effectiveness of the framework.
Q Recommendations for addressing gaps and expanding
strengths.
8
-------
Required CCMP Contents
Action Plans
Statutory CWA § 320(b)(4) specifies that each Management Conference
Authority shall:
"develop a comprehensive conservation and
management plan that recommends priority
corrective actions and compliance schedules
addressing point and nonpoint sources of pollution
to restore and maintain the chemical, physical, and
biological integrity of the estuary, including
restoration and maintenance of water quality, a
balanced indigenous population of shellfish, fish,
and wildlife, and recreational activities in the
estuary, and assure that the designated uses of the
estuary are protected;"
EPA Policy Using the results of the characterization effort and the base
program analysis, a Management Conference must develop
action plans to address each of the priority problems
identified by the Management Conference. Action plans for
attaining the goals and objectives set by the Management
Conference are the core of the CCMP.
CCMP Each action plan must:
Requirement
Q State the priority problem, identifying the probable
causes and sources.
Q State the program goals related to the priority problem.
Q Set specific objectives to attain the goals.
Q Identify the universe of possible management activities,
both new and existing, for consideration.
Q Identify the activity that should be implemented to
address the priority problem.
For each activity, the action plan must specify:
WHO: Identify who will act, pay, and enforce; spell
out roles and resource commitments for each
participating agency, institution, and/or
enterprise.
-------
Required CCMP Contents
WHAT: Describe what will be done. For example,
specify numerically based load reductions
and/or use designations in this location;
describe what specific activities are necessary
to reach them.
WHERE: Describe where the action will take place or
what location(s) it will affect.
WHEN: Include timetable for implementation.
HOW:
HOW
MUCH:
Outline the procedure used to perform this
activity.
Cost out the action and identify the funding
sources.
EPA recommends including endorsements from
implementing agencies and an agreement of responsibilities
to avoid:
Q duplication of effort,
Q unnecessary expenditures of funds, and
Q development of conflicting regulatory mechanisms.
Individual letters of commitment from each of the
implementing agencies is one way to ensure that all action
plan responsibilities are clearly understood and agreed upon.
The CCMP should include a description of any action plans
initiated prior to CCMP completion (including action plan
demonstration projects). This description should include the
problem the action plan addressed, the roles of different
agencies and users, financial commitments, and results to
date.
10
-------
Required CCMP Contents
Finance Plan and Implementation Strategy
Statutory CWA § 320(b)(4) requires the development of a CCMP while
Authority § 320(b)(5) requires that each Management Conference:
"develop plans for the coordinated implementation
of the plan by the states as well as federal and local
agencies participating in the conference;"
EPA Policy
CCMP
Requirement
In combination, EPA has determined that these two purposes
include a requirement for outlining how implementation of
the CCMP will be funded.
The finance plan and implementation strategy requirements
can be met in one of two ways:
1. Individual action plans can include information on
costs, financing mechanisms, and commitments; or
2. A separate plan can be developed, specifying how funds
will be raised to implement a group of actions.
Finance plans should match action plan costs and cash flow
needs to a suitable funding source and managing entity. The
plan may identify existing or potential new sources of
funding, in which case new state or local legislation may be
required.
The goal of the implementation strategy is to
"institutionalize" the recommendations made in the CCMP.
Implementation factors in the CCMP should address issues
and questions such as:
Q Results of the base program analysiswho has the
authority, the resources, and the expertise?
Q Which of the recommendations should be enforceable,
and how can they be made enforceable?
Q Which recommendations will require new legal
authority?
Q What mechanisms will be used to obtain agency
commitments?
Q Who will oversee implementation?
Q What role will the public play in implementation?
11
-------
Required CCMP Contents
If the finance plan is developed as a separate document, it
must be referenced in the CCMP and made available for
public review and comment before the CCMP is submitted to
EPA for approval. The finance plan must be submitted along
with the CCMP for the Administrator's approval.
12
-------
Reauired CCMP Contents
Environmental Monitoring Program Plan
Statutory CWA § 320(b)(6) specifies that each Management
Authority Conference shall:
"... monitor the effectiveness of actions
taken pursuant to the plan;"
EPA Policy EPA is developing a programmatic monitoring system for
NEP participants to use when tracking the progress made
during implementation of CCMPs. This systems also will
be helpful during assessment of the entire NEP. This
programmatic monitoring system will:
Q Assist estuary program managers to improve their
programs by identifying current and emerging
programs;
Q
Provide accountability to elected officials and the public
relating to the progress towards estuary protection;
Help identify the programs and projects that are
working well; and
Q Provide a framework for assessing the NEP as a whole.
The environmental monitoring program plan for each
estuary is an essential component of the programmatic
monitoring system, providing information on
environmental results related to CCMP implementation.
For this reason, environmental monitoring should begin
and continue throughout CCMP implementation.
The two primary goals of the environmental monitoring
program plan are:
1. to measure the effectiveness of the management actions
and programs implemented under the CCMP;
2. to provide essential information that can be used
to redirect and refocus the CCMP during
implementation.
13
-------
Required CCMP Contents
CCMP A detailed environmental monitoring program plan must
Requirement accompany the CCMP when it is submitted to the EPA
Administrator for approval. The environmental monitoring
program plan must:
Q Define program objectives and performance criteria (i.e.
parameter values needed to guide management
decisions).
Q Identify testable hypotheses.
Q Specify monitoring variables, including sampling
locations and frequency, field sampling procedures, field
and laboratory analytical procedures, quality assurance
and control procedures.
Q Specify the data management system and statistical test
that will be used to analyze the monitoring data.
Q Describe the expected performance of the initial
sampling design (i.e., the minimum difference that can
be detected in measured variables over time and
between locations).
Q Provide a timetable for analyzing data and assessing
program performance.
The CCMP itself must also include a summary of the
monitoring program plan. The summary is intended to give
the general public an overview of how the CCMP defines
effective and successful action plans, what is being monitored
and why, and how data will be managed and communicated.
Technical reviewers may read the detailed monitoring
program plan to evaluate the adequacy of the plan itself.
The monitoring program plan summary should answer the
following questions:
Q Which pollutants, biological indicators, or performance
criteria will be monitored and why?
Q Which ongoing monitoring programs have been
incorporated into this monitoring program to reduce
costs and prevent duplication of effort?
Q Does the data management strategy answer the
following questions:
- Where will the data go?
- How will these data be stored?
- Who will maintain the data base?
14
-------
Required CCMP Contents
- How will data be checked and loaded into the data
base?
- How accessible will the data be?
- Will statistical, graphical and report generating tools
be available?
- How much will it cost?
Q What is the program's long-term financial commitment
to maintaining and updating the data base?
Q What is the timetable for analyzing the data and
assessing monitoring program performance?
O How will monitoring program results be communicated
to the scientific community and to the general public?
15
-------
Required CCMP Contents
Federal Consistency Report
Statutory CWA § 320(b)(7) specifies that the final purpose of a
Authority Management Conference is to:
"review all federal financial assistance programs and
federal development programs in accordance with
the requirements of Executive Order 12372, as in
effect on September 17,1983, to determine whether
such assistance program or project would be
consistent with and further the purposes and
objectives of the plan prepared under this section.
For purposes of paragraph (7), such programs and
projects shall not be limited to the assistance
programs and development projects subject to
Executive Order 12372, but may include any programs
listed in the most recent Catalog of Federal Domestic
Assistance which may have an effect on the purposes
and objectives of the plan developed under this
section."
Executive Order (EO) 12372 affords state and local govern-
ments the opportunity to design their own processes to
coordinate reviews of proposed federal grants, cooperative
agreements, and direct federal development activities within
their jurisdictions.
EPA Policy A Management Conference's consistency review provides an
opportunity for local, state, federal, and private participants
1. to identify consistent programs that could help
implement the CCMP, or
2. to suggest modifications to programs inconsistent with
the CCMP.
CCMP To fulfill this requirement, each estuary program must
Requirement develop a federal consistency report, which must be either
included in the CCMP, or referenced and available to the
public on request.
A consistency report must include the following:
O Inventory of federal programs which would be
applicable to priority problems in the estuary;
Q Evaluation/discussion of inconsistencies of relevant
federal programs in relation to goals and objectives of
the CCMP, and remedies to resolve inconsistencies (e.g.,
16
-------
Required CCMP Contents
coordinated project review, written commitments to
coordinate program objectives, interagency policy
agreements, etc.);
Q Review strategy outlines of how the Management
Conference will review federal financial assistance
programs and development projects to meet the
requirement of Purpose 7 and the Executive Order and
to address consistency issues.
17
-------
Required CCMP Contents
Public Participation Summary
Statutory
Authority
EPA Policy
CCMP
Requirement
Development of a CCMP is subject to the public participation
requirements of CWA § 101 (e), which specifies that:
"Public participation in the development, revision,
and enforcement of any regulation, standard, effluent
limitation, plan, or program established by the
Administrator or any state under this Act shall be
provided for, encouraged, and assisted by the
Administrator and the states."
The Code of Federal Regulations (CFR) Volume 40 Section
25.2(a)(5) specifies that public participation in programs under
the CWA is required when:
"Development and implementation of plans,
programs, standards, construction, and other
activities [are] supported with EPA financial
assistance (grants and cooperative agreements) to
state, interstate, regional and local agencies."
Public support for the CCMP is critical to the long-term
success of the plan. Each Management Conference must
conduct a public participation program as part of the
development and implementation of its CCMP. CFR
Volume 40 Section 25.2(a)(5) establishes minimum
requirements and suggested approaches for public
participation.
Each Management Conference must include a summary of its
public participation program in the CCMP. The summary
should:
Q Identify target groups and discuss their involvement in
developing the CCMP.
Q Describe public participation activities, identifying when
and where they will be held, who will be invited, and
what topics will be discussed or presented. Activities
include public hearings or meetings, advisory groups,
workshops, seminars, and informal personal
communications with individuals and groups.
Q List public notifications. A public meeting or workshop
must be publicized at least 45 days in advance. Reports,
documents, and data relevant to the discussion should
be available to the public at least 30 days before the
meeting.
18
-------
Required CCMP Contents
Summary of the Responses to Public Comments
Statutory
Authority
EPA Policy
CCMP
Requirement
CWA § 320(f)(l) specifies that the EPA Administrator can
only approve a CCMP
"after providing for public review and comment".
The public must have adequate opportunity to review and
comment on the draft CCMP. The Management Conference
must address the comments either by making changes to the
draft CCMP or by explaining why no change was made.
To demonstrate that it addressed comments received on the
draft, the Management Conference must summarize its
responses in the final CCMP. A summary should specify:
Q Dates, locations, and lengths of public comment periods
Q Media used for publicizing public meetings and
availability of materials
Q Summary of comments received
Q Management Conference responses
19
-------
Chapter III. CCMP APPROVAL
Under the CWA, Management Conferences must formally
submit the final CCMP to the EPA Administrator for
approval. The EPA Administrator is responsible for
determining if the completed CCMP meets the Section 320
requirements outlined in Chapter n of this guidance.
Approval The basic requirements and process for CCMP approval are
Requirements defined in CWA § 320(f)(l). The CWA stipulates that the
. Administrator will approve a final CCMP within 120 days if:
Q It has been reviewed by the public.
Q It meets the requirements of CWA § 320.
Q The affected state Governor(s) concur with the approval.
Approval
Process
In addition to the requirements defined in § 320(f)(l), the
appropriate EPA Region must determine that the final CCMP
is consistent with the Coastal Zone Management Plan
(CZMP) in the affected state(s) and submit the CCMP to the
CZM agency for concurrence with the determination.
Steps in the CCMP approval process therefore include:
Q Opportunity for Public Review
Q Management Conference Review and Adoption
Q Governor's Concurrence
Q State CZM Consistency Determination
Q EPA Administrator Review and Approval
The following sections contain explanations of each of these
required steps in the approval process; the flow chart (Figure
3.1) on the next page depicts the overall process.
20
-------
CCMP Approval Process
V)
.c
C
o
S
CM
1
at
30-60
Days
3
Months
30-60
Days
3
Months
Figure 3.1
CCMP Approval Process Flow Chart
Draft CCMP
I
Public Review )
(Optional)
Management Conference
Incorporates Comments
t
Required Public Review and
EPA Headquarters Review
Other State
Public
Review
Requirements
Management Conference
Incorporates Comments
I
60 Days
Management Conference
Review and Approval
J
t
0-r-
Submit Final CCMP to
Administrator
Submit Final CCMP to
Governor
I
30--
75--
90--
EPA region sends formal
consistency determination to
state CZM agency
State CZM agency
agrees/disagrees with
consistency determination
Governor Concurs with
Pending Approval
(after state CZM agency
has agreed with region)
I
J
Administrator Approves
Appendix C provides a timeline for the Administrator's approval process
21
-------
CCMP Approval Process
Public Review
Public Review Although public participation ensures that substantial review
Requirements is built into the CCMP development process, the complete
draft CCMP must be made available to the general public for
review and comment. Public review requirements include:
Q Full and adequate notice of the CCMP's availability for
review.
Q Public access to the entire CCMP in at least one central
location, including any supporting documents
summarized in the CCMP.
D Opportunity to participate in workshops and public
meetings to discuss the draft.
Q Adequate opportunity to submit comments.
Q Consideration of public comments and revisions as
appropriate.
Q Summary report of public comments and the response
to public comments.
Programs may also provide an Executive Summary of the
CCMP for the public to review; however, such a summary
may only be provided in addition to the entire CCMP and
supporting documents not as a substitute for the CCMP.
The Management Conference must:
CCMP
Requirement
Number of
Reviews
Q Hold at least one public meeting to discuss the CCMP,
including the management options available to
implement the plan.
Q Meet any state imposed public commenting period
requirements, in addition to the requirements outlined
in this guidance.
Q Prepare a summary of the response to public comments
to ensure that the public's comments are considered.
Only one public review of the draft CCMP is required.
However, EPA recommends two public review periods. The
required review period should provide the opportunity for:
Q The public to react to different management options.
Q An informal state CZM consistency review.
22
-------
CCMP Approval Process
Length of
Review
Period
In addition, the draft CCMP should be submitted to EPA's
Office of Wetlands, Oceans, and Watersheds for
Headquarters' review. To facilitate internal review within
EPA, the Management Conference should send 15 copies of
the draft CCMP to the Coastal Management Branch (WH-
556F); Oceans and Coastal Protection Division; Office of
Wetlands, Oceans and Watersheds; U.S. Environmental
Protection Agency; Washington, DC 20460.
The recommended length of a review period is 60 days. Since
the draft CCMP is potentially a lengthy document, the public
should be given at least 30 days to review before a public
meeting.
23
-------
CCMP Approval Process
Figure 3.2
Example Public Notice
NOTICE
Available for Review and Comment:
the
Comprehensive Conservation and Management Plan
for Example Bay
The Example Bay Project, a program of the U.S. Environmental Protection Agency and
the Example state Department of Environmental Resources, is concluding its five year
effort to develop a management plan to guide the Example Bay communities and state
and federal Agencies in protecting the Bay.
As required by Section 320 of the Clean Water Act, the Example Bay Program
Management Conference has prepared a Comprehensive Conservation and
Management Plan (CCMP) that details the condition of the Bay and lays out an
agenda for cleaning up and protecting the Bay.
The draft CCMP is available for public review and comment.
Location The CCMP may be reviewed at or obtained from the Example Bay
Program office. See below for address.
Hearing A public hearing has been scheduled for _/_/__ at the Example Bay
Program office. The hearing will begin at 7:00 pm.
Timetable Any comments on the draft CCMP must be received within 60 days of
this notice. After comments have been incorporated, the final CCMP
will also be available for review. Another Notice will be posted at
that time.
Issues The major issues for the Example Bay Program are:
Contact Example Person
Example Bay Program Office
1 Main Street
Anytown, Mystate
(000) 000-0000
PLEASE HELP TO PROTECT THE BAY
READ THE CCMP!
WRITE DOWN YOUR COMMENTS!
COME TO THE PUBLIC HEARING!
24
-------
CCMP Approval Process
Management Conference Review and Approval
Final CCMP
Once all public comments have been considered, the
Management Conference must formally review and approve
the final CCMP. The Management Conference must then
transmit a copy of the final CCMP to the EPA Administrator
and the Governor's(s') office at the same time.
Committee All committee Chairs participating in the Management
Agreement Conference must sign the transmittal letters to indicate that
they have reviewed the final CCMP and approve of its
submission to the Administrator and the Governor(s).
Transmittal The transmittal letter to the EPA Administrator should
Letters request the Administrator to approve the CCMP. To ensure
timely review, the Management Conference should also send
EPA's Office of Wetlands, Oceans and Watersheds 15 copies
of the CCMP and one copy of the transmittal letter to the EPA
Administrator.
The transmittal letter to the Governor(s) should request the
Governor to review the CCMP.
25
-------
CCMP Approval Process
Governor's Concurrence
Governor's
Involvement
The Management Conference should involve the
Governor's(s') office(s) early during development of the
CCMP to enlist full support for the CCMP's objectives and to
ensure concurrence with the Administrator's pending
approval.
Governor's The Governor(s) should ensure that the CCMP is consistent
Review with other relevant state requirements, including the state
CZM Program.
After verifying that relevant state requirements are met, the
Governor(s) must notify the EPA Administrator. The letter
to the Administrator should confirm consistency with state
requirements and concur with the EPA Administrator's
pending approval.
An example of the Governor's concurrence letter (Figure 3.3)
is on the next page.
26
-------
CCMP Approval Process
Figure 3.3
Example Governor's Concurrence Letter
Administrator
United States Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Dear Administrator
I have reviewed the ' Comprehensive Conservation and
Management Plan (CCMP) submitted by Management
Conference.
The CCMP meets all relevant state requirements. It is also
consistent with the Coastal Zone Management Plan(s) in the
state (s) of .
Therefore, I concur with your pending approval of the CCMP.
Sincerely,
Governor, state of
cc: Office of Wetlands, Oceans and Watersheds
Management Conference
27
-------
CCMP Approval Process
CZM Consistency Review
CZMA The Coastal Zone Management Act (CZMA), passed in 1972,
is a comprehensive management umbrella for the beneficial
use, protection and development of the resources of the
coastal zone. States that participate in this voluntary
program have authority to review all federal activities to
ensure they are consistent with the state CZM plan. In
addition, because the state CZM plan can provide a powerful
mechanism for implementing the CCMP, it is important that
the state CZM agency be involved during CCMP
development.
EPA/NOAA In 1988, EPA and NOAA, the agency responsible for
Agreement managing the federal Coastal Zone Management Program,
agreed that:
"CCMPs developed under the NEP will voluntarily,
as a matter of policy, be submitted for review under
the federal consistency provisions of Section 307(c) of
the Coastal Zone Management Act of 1972, as
amended."
CCMP The Governor's letter should include a statement that the
Requirement CCMP is consistent with the affected state's(s') CZM plan(s).
To comply with the EPA/NOAA agreement:
Q The appropriate EPA region must determine whether
the CCMP is consistent with the state Coastal Zone
Management plan.
^_*.
Q The EPA region must submit the CZM consistency
determination to the state CZM agency within 30 days
after the CCMP has been submitted to the EPA
Administrator.
Q The state CZM agency has 45 days to review the
consistency determination, with the possibility of
extending their review an additional 15 days if necessary.
Further extensions are granted by the agency submitting
the determination for the state CZM agency concurrence.
Q The state CZM agency's concurrence with the region's
consistency determination must be submitted by the
region to the Administrator within 90 days after the
CCMP has been submitted to the Administrator.
28
-------
CCMP Approval Process
EPA Administrator's Approval
EPA
Administrator
Review
EPA will review the CCMP and required accompanying
documents, based on the Checklist in Appendix B. If the
CCMP meets the requirements defined in this document, the
EPA Administrator will approve the CCMP within 120 days
of submission.
Refer to Appendix C for a detailed schedule of the
Administrator's approval.
29
-------
-------
APPENDIX A
CLEAN WATER ACT § 32O
-------
-------
Clean Water Act § 320
(a) Management Conference.
(1) Nomination of Estuaries. The Governor of any state may nominate to the
Administrator an estuary lying in whole or in part within the state as an estuary of
national significance and request a Management Conference to develop a
comprehensive management plan for the estuary. The nomination shall document the
need for the conference, the likelihood of success, and information relating to the
factors in paragraph (2).
(2) Convening of Conference.
(A) In General. In any case where the Administrator determines, on his own
initiative or upon nomination of a state under paragraph (1), that the
attainment or maintenance of that water quality in an estuary which assure
protection of public water supplies and the protection and propagation of a
balanced, indigenous population of shellfish, fish, and wildlife, and allows
recreational activities, in and on water, requires that control of point and
nonpoint sources of pollution in more than one state, the Administrator shall
select such estuary and convene a Management Conference.
(B) Priority Consideration. The Administrator shall give priority consideration
under this section to Long Island Sound, New York and Connecticut; Narraganset
Bay, Rhode Island; Buzzards Bay, Massachusetts; Puget Sound, Washington;
New York - New Jersey Harbor, New York and New Jersey; Delaware Inland
Bays, Delaware; Albemarle Sound, North Carolina; Sarasota Bay, Florida;
San Francisco Bay-, California; Santa Monica Bay, California; and Galveston
Bay, Texas.
(3) Boundary dispute exception. In any case in which a boundary between two states
passes through an estuary and such boundary is disputed and is the subject of an action
in any court, the Administrator shall not convene a Management Conference with
respect to such estuary before a final adjudication has been made of such dispute.
(b) Purposes of Conference. The purposes of any Management Conference convened with
respect to an estuary under this subsection shall be to
(1) assess trends in water quality, natural resources, and uses of the estuary;
(2) collect, characterize, and assess data on toxics, nutrients, and natural resources within
the estuarine zone to identify the causes of environmental problems;
(3) develop the relationship between the inplace loads and point and nonpoint loadings
of pollutants to the estuarine zone and the potential uses of the zone, water quality,
and natural resources;
(4) develop a comprehensive conservation and management plan that recommends
priority corrective actions and compliance schedules addressing point and nonpoint
sources of pollution to restore and maintain the chemical, physical, and biological
integrity of the estuary, including restoration and maintenance of water quality, a
balanced indigenous population of shellfish, fish, and wildlife, and recreational
activities in the estuary, and assure that the designated uses of the estuary are
protected;
(5) develop plans for the coordinated implementation of the plan by the states as well as
federal and local agencies participating in the conference;
(6) monitor the effectiveness of actions taken pursuant to the plan; and
A-1
-------
Clean Water Act § 320
(7) review all federal financial assistance program and federal development project in
accordance with the requirements of Executive Order 12372, as in effect on September
17,1983, to determine whether such assistance program or project would be consistent
with and further the purposes or objectives of the plan prepared under this section.
For purposes of paragraph (7), such programs and projects shall not be limited to the assistance
programs and development projects subject to Executive Order 12372, but may include any
programs listed in the most recent catalog of federal Domestic Assistance which may have an
effect on the purposes and objectives of the plan developed under this section.
(c) Members of Conference. - The members of a Management Conference convened under
this section shall include, at a minimum, the Administrator and representatives of -
(1) Each state and foreign nation located in whole or in part in the estuarine zone of the
estuary for which the conference is convened;
(2) international, interstate, or regional agencies or entities having jurisdiction over all
or a significant part of the estuary;
(3) each interested federal agency, as determined appropriate by the Administrator;
(4) local governments having jurisdiction over any land or water within the estuarine
zone, as determined appropriate by the Administrator; and
(5) affected industries, public and private educational institutions, and the general
public, as determined appropriate by the Administrator.
(d) Utilization of Existing Data. - In developing a conservation and management pl;an
under this section, the Management Conference shall survey and utilize existing reports,
data, and studies relating to the estuary that have been developed by or made available
to federal, interstate, state, and local agencies.
(e) Period of Conference. - A Management Conference convened under this section shall be
convened for a period not to exceed 5 years. Such conference may be extended by the
Administrator, and if terminated after the initial period, may be reconvened by the
Administrator at any time thereafter, as may be necessary to meet the requirements of
this section.
(f) Approval and Implementation Plans.
(1) Approval. - Not later than 120 days after the completion of a conservation and
management plan and after providing for public review and comment, the
Administrator shall approve such plan if the plan meets the requirements of this
section and the affected Governor or Governors concur.
(2) Implementation. - Upon approval of a conservation and management plan under this
section, such plan shall be implemented. Funds authorized to be appropriated under
title n and VI and section 319 of this Act may be used in accordance with the
applicable requirements of this Act to assist states with the implementation of such
plan.
(g) Grants.
(1) Recipients. - The Administrator is authorized to make grants to state, interstate,
and regional water pollution control agencies and entities, state coastal zone
management agencies, interstate agencies, and other public or nonprofit private
agencies, institutions, organizations, and individuals.
(2) Proposes. - Grants under this subsection shall be made to pay for assisting research,
surveys, studies, and modeling and other technical work necessary for the
development of a conservation and management plan under this section.
A-2
-------
Clean Water Act § 320
(3) federal Share. - The amount of grants to any person (including a state, interstate, or
regional agency or entity) under this subsection for a fiscal year shall not exceed 75
percent of the costs of such research, survey, studies, and work and shall be made on
condition the the non-federal share of such costs are provided from non-federal
sources.
Grant Reporting. ~ Any person (including a state, interstate, or regional agency or
entity) that receives a grant under subsection (g) shall report to the Administrator not
later than 18 months after receipt of such grant and biennially thereafter on the progress
being made under this section.
Authorization of Appropriations. There are authorized to be appropriated to the
Administrator not to exceed $12,000,000 per fiscal year for each of fiscal years 1987 1988
1989,1990, and 1991 for -
(h)
(i)
(1) expenses related to the administration of Management Conferences under this section,
not to exceed 10 percent of the amount appropriated under this subsection;
(2) making grants under subsection (g); and
(3)
monitoring the implementation of a conservation and management plan by the
Management Conference or by the Administrator, in any case in which the conference
has been terminated.
The Administrator shall provide up to $5,000,000 per fiscal year of the sums authorized to
be appropriated under this subsection to the Administrator of the National Oceanic and
Atmospheric Administration to carry out subsection (j).
(j) Research. --
(1) Programs. In order to determine the need to convene a Management Conference under
this section or at the request of such a Management Conference, the Administrator
shall coordinate and implement, through the National Marine Pollution Program
Office and the National Marine Fisheries Service of the National Oceanic and
Atmospheric Administration, as appropriate, for one or more estuarine zones
(A) a long-term program of trend assessment monitoring measuring variations in
pollutant concentrations, marine ecology, and other physical or biological
environmental parameters which may affect estuarine zones, to provide the
Administrator the capacity to determine the potential and actual effects of
alternative management strategies and measures;
(B) a program of ecosystem assessment assisting in the development of (i) baseline
studies which determine the state of estuarine zones and the effects of natural
and anthropogenic changes, and (ii) predictive models capable of translating
information on specific dischargers or general pollutant loadings within
estuarine zones into a set of probable effects on such zones;
(C) a comprehensive water quality sampling program for the continuous monitoring
off nutrients, chlorine, acid precipitation dissolved oxygen, and potentially
toxic pollutants (including organic chemicals and metals) in estuarine zones,
after consultation with interested state, local, interstate, or international
agencies and review and analysis of all environmental sampling data presently
collected from estuarine zones; and
(D) a program of research to identify the movements of nutrients, sediments and
pollutants through estuarine zones and the impact of nutrients, sediments, and
pollutants on water quality, the ecosystem, and designated or potential uses of
the estuarine zones.
A-3
-------
Clean Water Act § 320
(2) Reports. The administrator, in cooperation with the Administrator of the
National Oceanic and Atmospheric Administration, shall submit to the Congress no
less often than biennially a comprehensive report on the activities authorized under
this subsection including
(A) a listing of priority monitoring and research needs;
(B) an assessment of the state and health of the Nation's estuarine zones, to the
extent evaluated under this subsection;
(C) a discussion of pollution problems and trends in pollutant concentrations with a
direct or indirect effect on water quality, the ecosystem, and designated or
potential uses of each estuarine zone, to the extent evaluated under this
subsection; and
(D) an evaluation of pollution abatement activities and management measures so
far implemented to determine the degree of improvement toward the objectives
expressed in subsection (b)(4) of this section.
(k) Definitions. - For purposes of this section, the terms "estuary" and "estuarine zone"
have the meanings such terms have in section 104(n)(4) of this Act, except that the term
"estuarine zone" shall also include associated aquatic ecosystems and those portions of
tributaries draining into the estuary up to the historic height of migration of anadromous
fish or the historic head of tidal influence, whichever is higher.
A-4
-------
APPENDIX B
CCMP Approval Checklist
-------
-------
Approval Checklist
CCMP Review
I. MANAGEMENT CONFERENCE MEMBERSHIP LIST
Present Absent
Comments:
Rating (Circle one): Excellent
Adequate
Unsatisfactory
II. STATEMENT OF PRIORITY PROBLEMS
Present Absent
Comments:
Rating (Circle one): Excellent
Adequate Unsatisfactory
B-1
-------
Approval Checklist
CCMP Review
III. IDENTIFIED ENVIRONMENTAL QUALITY GOALS AND
OBJECTIVES
Present Absent
Comments:
Rating (Circle one): Excellent
Adequate
Unsatisfactory
B-2
-------
Approval Checklist
CCMP Review
IV. PLAIN ENGLISH SUMMARY OF CHARACTERIZATION
FINDINGS TO INCLUDE:
Present Absent
Status and Trends
- Water Quality
- Natural Resources
- Uses of Estuary
Probable Causes of Environmental Problems
Data on: - Toxics
- Nutrients
- Natural Resources
Linkages between pollutant loadings and changes in the
estuary's water quality, uses, and natural resources
Comments:
Rating (Circle one):
Excellent
Adequate
Unsatisfactory
B-3
-------
Approval Checklist
CCMP Review
Present Absent
V. BASE PROGRAM ANALYSIS TO INCLUDE:
A description of the existing regulatory and institutional
framework
An evaluation of the effectiveness of the framework
Recommendations for addressing gaps and expanding
strengths
Comments:
Rating (Circle one):
Excellent
Adequate
Unsatisfactory
B-4
-------
Approval Checklist
CCMP Review
Present Absent
VI. ACTION PLANS MUST:
State the problem, identifying the probable causes and
sources.
State the program goals related to the problem, source, or
cause.
Set specific objectives to attain the goals.
Determine the universe of possible management
activities, both new and existing, for consideration.
Select the activity that will work, that the public will
support, and that can be implemented within reasonable
time and resources.
Recommend specific priority corrective actions (action
plans) needed to abate and control the problem or protect
the resource. Each action plan addresses:
WHO: Identify who will act, payf and enforce; spell
out roles and resource commitments for each
participating agency> institution, and enterprise.
WHAT: Describe what will be done. For example,
specify numerically based load reductions and use
designations in this location; describe what specific
activities are necessary to reach them.
WHERE: Describe the location this action will affect.
WHEN: Include timetable for implementation.
HOW: Outline the procedure used to perform this
activity.
HOW MUCH: Cost-out the action and identify
funding sources.
B-5
-------
Approval Checklist
CCMP Review
VI. ACTION PLANS MUST (CONTINUED):
Present Absent
Implement and monitor results.
Report on progress, costs, and results.
Review, re-evaluate, and redirect as needed.
Comments:
Rating (Circle one): Excellent
Adequate
Unsatisfactory
B-6
-------
Approval Checklist
CCMP Review
VII. FINANCE PLAN AND IMPLEMENTATION STRATEGY
Present Absent
Comments:
Rating (Circle one): Excellent Adequate Unsatisfactory
B-7
-------
Approval Checklist
CCMP Review
VIII. MONITORING PROGRAM PLAN MUST:
Define program objectives and performance criteria (i.e.,
parameter values needed to guide management
decisions).
Identify testable hypotheses.
Specify monitoring variables, including sampling
locations and frequency, field sampling procedures,
field and laboratory analytical procedures, quality
assurance and control procedures.
Specify data management system and statistical test that
will be used to analyze the monitoring data.
Describe the expected performance of the initial
sampling design (i.e., the minimum difference that can
be detected in measured variables over time and
between locations).
Provide a timetable for analyzing data and assessing
program performance.
Present Absent
Comments:
Rating (Circle one)
Excellent
Adequate
Unsatisfactory
B-8
-------
Approval Checklist
CCMP Review
IX. FEDERAL CONSISTENCY REPORT:
Inventory of Federal Programs
Evaluation/Discussion of Inconsistencies
Review Strategy
Present Absent
Comments:
Rating (Circle one):
Excellent
Adequate
Unsatisfactory
B-9
-------
Approval Checklist
CCMP Review
Present Absent
X. SUMMARY OF PUBLIC PARTICIPATION PROGRAM AND
PUBLIC REVIEW:
Identification and Discussion of Their Involvement
Description of Activities
Listing of Public Notifications
Responsiveness Summary
Comments:
Rating (Circle one):
B-10
Excellent
Adequate
Unsatisfactory
-------
Aooroval Checklist
CCMP Review
X. PUBLIC REVIEW:
Present Absent
Summary of Response to Public Comments.
Comments:
Rating (Circle one): Excellent Adequate Unsatisfactory
B-11
-------
Approval Checklist
CCMP Review
SUMMARY SHEET
General Comments:
Concur
Concur with Non-Concur
Comments
Reviewer:
B-12
-------
APPENDIX C
Administrator's Approval Schedule
-------
-------
Administrator's Approval Schedule
Schedule for Administrator's Approval of Final CCMPs
The Administrator is obligated to complete his review within 120 days. This
schedule provides a general framework for EPA's review of the final CCMP.
Extenuating circumstances may alter this schedule for individual CCMP
review periods.
Day 0 Administrator receives the final CCMP* (120 day clock
begins)
Day 3 Final CCMP goes to EPA's Office of Wetlands, Oceans and
Watersheds (OWOW) and the Office of General Counsel
(OGC) for review
Day 25 Comments received from OWOW and OGC. Decision
package with Action memos prepared for routing to
Administrator
Day 30 EPA Region sends CZM consistency determination to the
state CZM agency
Day 45 Decision package forwarded to OWOW Director for review
Day 60 Assistant Administrator for Water receives the decision
package (briefing for Administrator recommended)
Day 90 Administrator receives the decision package. State CZM
Agency agrees/disagrees with EPA Region's consistency
determination
Day 120 Administrator's final approval transmitted to Governor(s)
and Regional Administrator/Management Conference
* To expedite Agency review, EPA receives 15 copies of the final CCMP and
one single-sided, unbound copy should EPA need to make additional
copies.
C-1
U. S. Government Printing Office: 1996 - 715-003 (50518)
-------
------- |