STATE WATER RESOURCES CONTROL BOARD MEETING

SACRAMENTO, CALIFORNIA

DECEMBER 14, 1999

CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING THE PLAN FOR CALIFORNIA’S NONPOINT SOURCE POLLUTION CONTROL PROGRAM (PROGRAM PLAN) AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE PROGRAM PLAN TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR APPROVAL AND TO IMPLEMENT THE PROGRAM PLAN

Pursuant to the requirements of section 319 of the federal Clean Water Act (CWA), in 1988 the State Water Resources Control Board (SWRCB) adopted the State’s Nonpoint Source Program (NPS Program) titled California’s Nonpoint Source Management Plan (1988 Plan). In 1990, the U. S. Environmental Protection Agency (USEPA) approved the 1988 Plan. The Coastal Zone Management Act of 1972 (CZMA) established a program for states to voluntarily develop comprehensive programs to protect and manage coastal resources. While water quality protection is integral to the management of coastal resources, it was not cited as a purpose or policy of the original statute. As such, the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA) were enacted to address several concerns, a major one being the impact of NPS pollution on coastal water quality.

To specifically address the impacts of NPS pollution on coastal resources, section 6217 of CZARA was added to require that each state with an approved coastal management program develop and submit for approval a Coastal Nonpoint Pollution Control Program (CNPCP) to USEPA and the National Oceanic and Atmospheric Administration (NOAA). Within the CNPCP, the coastal states are required to: (1) identify and adopt management measures to prevent and control NPS pollution; (2) ensure that enforceable mechanisms exist where self-determined efforts are insufficient to restore and protect water quality; (3) enhance cooperation among states’ land and water use agencies; (4) identify land uses which individually or cumulatively may cause or contribute significantly to a degradation of coastal waters; (5) identify "critical coastal areas" and identify and implement additional measures where necessary to achieve and maintain water quality in the such areas; (6) provide technical assistance to local governments and the public to implement the management measures; (7) provide opportunities for public participation in CNPCP development and implementation; and (8) establish a monitoring program to determine the extent and success of management measures implementation. Management measures are defined in section 6217 of CZARA as economically achievable measures to control the addition of pollutants to coastal waters. The management measures reflect the greatest degree of pollutant reduction achievable through the application of best available NPS pollution control practices, technologies, processes, siting criteria, operating methods, or other technologies.

The lead agencies designated for updating the State’s NPS Program to conform to the requirements of the CWA and CZARA are the SWRCB, the nine Regional Water Quality Control Boards (RWQCBs), and the California Coastal Commission (CCC). In lieu of a separate program for the coastal zone, the State decided to satisfy CZARA requirements on a statewide basis. As required by statute, in September 1995 the SWRCB and the CCC submitted the State’s response to the CZARA requirements to USEPA and NOAA. The response included two documents: California’s Coastal Nonpoint Pollution Control Submittal, detailing the State’s existing programs related to NPS pollution management, and the Initiatives in Nonpoint Source Management, based on the recommendations of a series of NPS technical advisory committees.

In August 1997, following the release of USEPA and NOAA draft findings and conditions on California’s submittal, an Action Plan was developed by the responsible agencies to address the federal agencies concerns. The Action Plan outlined a framework of activities for the State to achieve an approvable program consistent with CZARA section 6217, while simultaneously upgrading the State’s NPS Program to "enhanced status" by addressing the nine key elements in the USEPA’s NPS Program and Grants Guidance of 1997 and Future Years. The Action Plan was developed with the expectation that USEPA and NOAA would make administrative changes to the process by which the federal agencies would review the CNPCP submitted by coastal states. In October 1998, USEPA and NOAA issued final administrative changes to their CNPCP guidance. The proposed changes addressed concerns raised by coastal states related to greater flexibility in: (1) enforceable policies and mechanisms, (2) how states will target CNPCPs, (3) time frames, and (4) resources to implement coastal nonpoint programs.

In July 1998, USEPA and NOAA issued their findings and conditional approval of the California’s September 1995 CNPCP submittal. For final approval of the CNPCP, California was required (consistent with the August 1997 Action Plan) to: (1) adopt management measures consistent with the USEPA (1993) Guidance Specifying Management Measures for Sources of Nonpoint Pollution to Coastal Waters; (2) identify back-up and enforceable policies and mechanisms for the management measures; and (3) demonstrate the ability for widespread implementation of the management measures.

The Program Plan is the State’s final submittal to satisfy the requirements specified by USEPA and NOAA for CNPCP approval and NPS program upgrade. Satisfying both requirements is necessary for California to continue to receive the additional CWA section 319(h) funds allocated as part of the President’s Clean Water Action Plan and to avoid penalty assessments on its baseline section 319(h) allocation. It is important to note that the

Program Plan is an update of the original 1988 Plan and relies on existing laws and regulations to ensure implementation of its elements. The Program Plan does not create new regulations.

The Program Plan is composed of two volumes -- Volume I: Nonpoint Source Program Strategy and Implementation Plan for 1998-2013 (PROSIP) and Volume II: California Management Measures for Polluted Runoff (CAMMPR) (Attachments 1 and 2, respectively). In conformance with the requirements of the CWA and CZARA, the Program Plan:

1. Adopts 61 management measures as goals for six NPS categories (agriculture, forestry, urban areas, marinas and recreational boating, hydromodification, and wetlands/riparian areas/vegetated treatment systems);
2. Provides a 15-year strategy to fully implement the management measures;
3. Continues use of the "Three-Tiered Approach" for addressing NPS pollution problems (Tier 1: Self-Determined Implementation of Management Practices [formerly termed "Voluntary"], Tier 2: Regulatory Based Encouragement of Management Practices, and Tier 3: Effluent Limitations and Enforcement Actions);
4. Provides the first of three five-year implementation plans targeting activities for specific management measures consistent with State and regional priorities in specific watersheds and also establishes mechanisms for: (a) coordination among agencies, (b) participation by the public, (c) assistance technically and financially, (d) adoption of additional management measures if needed, and (e) monitoring and reporting of program effectiveness;
5. Promotes long-term interagency coordination among State agencies of the California Environmental Protection Agency and Resources Agency as well as other State, local, and federal agencies;
6. Identifies back-up authorities and enforceable policies and mechanisms for the 61 management measures adopted by the State; and
7. Allows for the adoption of the management measures as regulations after each first
   five-year implementation cycle if adequate progress in NPS pollution control has not been demonstrated.

The Program Plan also includes: (1) a Memorandum of Understanding (MOU) (Attachment 3) between the SWRCB and CCC to promote the continued close collaboration between the two State lead agencies; (2) a memorandum (Attachment 4) that the Secretaries of the California Environmental Protection Agency and Resources Agency will be asked to sign directing all departments and boards within their Agencies to use their respective authorities to implement the Program Plan; and (3) a memorandum (Attachment 5) that the Secretaries of the California Environmental Protection Agency and Resources Agency will be asked to sign asking the California Department of Transportation, Department of Food and Agriculture, and Department of Health Services to use their respective authorities to implement the Program Plan.

The Program Plan must be submitted to and approved by USEPA and NOAA. USEPA approval will ensure that the State remains eligible for federal funding under the CWA section 319(h) Program, which will provide the State with approximately $10,600,000 in Federal Fiscal Year 2000.

Should the SWRCB:

1. Adopt the Program Plan;
2. Authorize the Executive Director to submit the Program Plan to USEPA and NOAA for approval;
3. Authorize the Executive Director to execute the MOU between the SWRCB and CCC;
4. Direct the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum directing all departments and boards within their agencies to use their respective authorities to implement the Program Plan;
5. Direct the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum asking the California Department of Transportation, Department of Food and Agriculture, and Department Health Services to use their respective authorities to implement the Program Plan; and
6. Direct the Executive Director to work with the Executive Officers of each RWQCB and directors of the State agencies to implement the Program Plan; and
7. Direct staff to initiate activities described in the Program Plan?

The Program Plan limits implementation work associated with or resulting from this action to available budgeted resources. USEPA approval of the Program Plan is required to ensure continued federal funding under the CWA section 319(h) Program.

Yes. All RWQCBs.

That the SWRCB:

1. Adopts the Program Plan;
2. Authorizes the Executive Director to submit the Program Plan to USEPA and NOAA for approval;
3. Authorizes the Executive Director to execute the MOU between the SWRCB and CCC;
4. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum directing all departments and boards within their agencies to use their respective authorities to implement the Program Plan;
5. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum asking the California Department of Transportation, Department of Food and Agriculture, and Department Health Services to use their respective authorities to implement the Program Plan; and
6. Directs the Executive Director to work with the Executive Officers of each RWQCB and directors of the State agencies to implement the Program Plan; and
7. Directs staff to initiate activities described in the Program Plan.

Policy Review ______________

Fiscal Review: ______________

Legal Review: ______________

Note: The draft report Plan for California’s Nonpoint Source Pollution Control Program, Volumes I and II will be available electronically by November 15, 1999 at the SWRCB’s web site.

STATE WATER RESOURCES CONTROL BOARD

RESOLUTION NO. 99-

APPROVAL OF A RESOLUTION ADOPTING THE PLAN FOR

CALIFORNIA’S NONPOINT SOURCE POLLUTION CONTROL

PROGRAM (PROGRAM PLAN) AND AUTHORIZING THE

EXECUTIVE DIRECTOR TO SUBMIT THE PROGRAM PLAN

TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

FOR APPROVAL AND TO IMPLEMENT THE PROGRAM PLAN

WHEREAS:

1. The State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCBs) are committed to and are ultimately responsible for nonpoint source (NPS) pollution management to protect and restore water quality in California.
2. In February 1987, the federal Clean Water Act (CWA) was amended to include section 319 which required each state to address NPS pollution by: (a) assessing NPS pollution problems and causes within the state; (b) adopting management programs to control the NPS pollution; and (c) implementing the management programs.
3. In accordance with the requirements of CWA section 319, on November 15, 1988, the SWRCB adopted and, on January 4, 1990, the U. S. Environmental Protection Agency (USEPA) approved California’s Nonpoint Source Management Plan.
4. On November 5, 1990, the Coastal Zone Act Reauthorization Amendments (CZARA) were enacted to address concerns with NPS pollution of coastal waters not adequately considered in the Coastal Zone Management Act of 1972.
5. Section 6217 of CZARA requires coastal states to develop Coastal Nonpoint Pollution Control Programs (CNPCP) that: (a) identify and adopt management measures to prevent and control NPS pollution; (b) ensure that enforceable mechanisms exist where self-determined efforts are insufficient to restore and protect water quality; (c) enhance cooperation among the states’ land and water use agencies; (d) identify land uses which individually or cumulatively may cause or contribute significantly to a degradation of coastal waters; (e) identify "critical coastal areas" and identify and implement additional measures where necessary to achieve and maintain water quality in the such areas; (f) provide technical assistance to local governments and the public to implement the management measures; (g) provide opportunities for public participation in CNPCP development and implementation; and (h) monitor management measure implementation. The CNPCP must be approved by USEPA and the National Oceanic and Atmospheric Administration (NOAA).
6. The lead agencies designated for upgrading the State’s NPS Program to conform to the requirements of the CWA and CZARA are the SWRCB, the RWQCBs, and the California Coastal Commission (CCC).
7. In September 1995, the SWRCB and the CCC submitted to USEPA and NOAA the State’s response to the CZARA requirements. In lieu of a separate program for the coastal zone, the SWRCB and the CCC applied the CZARA requirements on a statewide basis.
8. In July 1998, USEPA and NOAA issued their findings and conditional approval of the State’s submittal. For final approval of the CNPCP, the State was required, consistent with the August 1997 Action Plan, to (a) adopt management measures; (b) identify back-up and enforceable policies and mechanisms for the management measures; and (c) demonstrate the ability for widespread implementation of the management measures.
9. The Program Plan is the State’s final submittal to satisfy the requirements specified by USEPA and NOAA for CNPCP approval and NPS Program Upgrade. The Program Plan is composed of two volumes -- Volume I: Nonpoint Source Program Strategy and Implementation Plan for 1998-2013 (PROSIP) and Volume II: California Management Measures for Polluted Runoff (CAMMPR) (Attachments 1 and 2, respectively).
10. SWRCB and CCC staffs held public workshops to receive comments on the Program Plan, and the Program Plan has been revised to incorporate pertinent comments.

THEREFORE BE IT RESOLVED THAT:

The SWRCB:

1. Adopts the Program Plan;
2. Authorizes the Executive Director to submit the Program Plan to the USEPA and NOAA for approval;
3. Authorizes the Executive Director to execute the Memorandum of Understanding between the SWRCB and CCC;
4. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum directing all departments and boards within their agencies to use their respective authorities to implement the Program Plan; and
5. Directs the Executive Director in coordination with CCC to request the Secretaries of the California Environmental Protection Agency and Resources Agency to jointly transmit a memorandum asking the California Department of Transportation, Department of Food and Agriculture, and Department Health Services to use their respective authorities to implement the Program Plan; and
6. Directs the Executive Director to work with the Executive Officers of each RWQCB and directors of the State agencies to implement the Program Plan; and
7. Directs staff to initiate activities described in the Program Plan.

CERTIFICATION

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on December 14, 1999.

_____________________________________

Maureen Marché

Administrative Assistant to the Board