Today, N.O.A.A. and the E.P.A. (EPA) declare the opening of a 90-day public review period on the agencies' suggestion to disapprove the State of Oregon's coastal nonpoint pollution control program. The 2 agencies have found that Oregon's plan falls short in 3 key areas. Under the terms of a settlement agreement, E.P.A. and N.O.A.A. are required to make a final decision by May 15, 2014.
The settlement arrangement is the result of a 2009 lawsuit filed against N.O.A.A. and the E.P.A. by the Northwest Environmental Advocates challenging the agencies' joint administration of the Coastal Zone Act Reauthorization Amendments (CZARA) with respect to the state's coastal nonpoint program.
Oregon 1st submitted its coastal nonpoint pollution control plan to the agencies in 1995. Oregon has developed a strong plan in most of the areas required under CZARA. Today, only 3 remaining areas need additional work. These 3 areas are important for protecting water quality critical to aquatic species and public water supplies. The remaining critical gaps relate to water quality impacts from forestry, septic systems, and new development.
Historically, NOAA, E.P.A. and the states have worked together to develop fully approvable programs. Oregon has expressed a desire to continue working with N.O.A.A. and E.P.A. towards full approval and the federal agencies stand ready to help Oregon achieve that goal.
"Oregon is a leader in coastal management, and we hope it can be a leader in protecting coastal water quality from nonpoint source pollution, too," says Margaret Davidson, acting director of NOAA's Office of Ocean and Coastal Resource Management. "Preventing and reducing coastal nonpoint source pollution, as the Coastal Nonpoint Plan is designed to do, is critical to protecting coastal waterways."
"Nonpoint source pollution is the most significant remaining water quality issue in the state and the nation," notes Dennis McLerran, EPA's Regional Administrator for the Pacific Northwest and Alaska. "EPA and N.O.A.A. are committed to continuing to work with Oregon to develop a fully approvable Coastal Nonpoint Program."
Any coastal state that participates in the National Coastal Zone Management Plan is required to develop a Coastal Nonpoint Pollution Control Plan that describes the programs and enforceable mechanisms the state will use to implement management measures to prevent and control polluted runoff in coastal waters.
The enhancements needed in the Oregon Plan are for controlling impacts from timber harvesting , including measures for protecting small and medium sized streams; measures to protect landslide prone areas; and measures to address runoff from forest roads built prior to modern construction and drainage requirements. Oregon also needs to ensure that septic systems are inspected and properly maintained and that sediment runoff from new development does not enter rivers and streams.
N.O.A.A. and E.P.A. also have concerns about nonpoint source impacts from agricultural activities and are inviting comments from the public on the state's agricultural Plan as well.
If the state does not develop an acceptable coastal nonpoint program, it will not be able to access backing under the Coastal Zone Management Act to implement its coastal management Plan nor a portion of the backing it gains under the Clean Water Act to implement the state's nonpoint source management program.
Public comments should be sent by March 21 to: Joelle Gore, Acting Chief, Coastal Programs Division (N/ORM3), Office of Ocean and Coastal Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring, Maryland, 20910, phone (301) 713-3155, x177, or by email [email protected].
The suggested findings document and supporting information used to make this decision is accessible for download on the N.O.A.A. website online.
Hard copies will be accessible at: E.P.A., Oregon Operations Office, 805 SW Broadway, Suite 500, Portland, Oregon 97205. Contact: Tom Townsend (503) 326-3250.
The agencies will review all public comments received during the 90-day public review period, as well as any additional information submitted by the state before taking final action on Oregon's program.
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