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 work—goal 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 analysis—who 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)

-------

-------