The Coastal Nonpoint Source Pollution Control Program

In 1990, Congress added the Coastal Nonpoint Source Pollution Control Program to the Reauthorization of the Coastal Zone Management Act. This legislation focuses on reducing the causes of NPS pollution and improving coastal water quality. Under the legislation, states with federally approved coastal zone management programs (such as Massachusetts) are given the opportunity to develop their own Coastal Nonpoint Source Pollution Control Programs. States are also given the flexibility to develop comprehensive strategies that balance environmental and economic goals within the state. The Massachusetts Coastal Nonpoint Source Pollution Control Program can therefore give practical solutions for addressing coastal environmental issues that make sense from both the environmental and economic perspectives.

Unlike other federal legislation, the Coastal Nonpoint Source Pollution Control Program gives states the authority and the responsibility to include enforcement provisions for many of the NPS pollution control strategies they develop. In addition, the states will do more than develop a comprehensive Coastal Nonpoint Source Pollution Control Program -- they will ensure that the program and its enforceable provisions are implemented effectively.

In Massachusetts, the Massachusetts Coastal Zone Management Office (CZM) and the Department of Environmental Protection (DEP) are responsible for developing and implementing a Coastal Nonpoint Source Pollution Control Program. CZM is taking the lead in the effort to develop the program plan, with strong support and cooperation from DEP. In addition, CZM and DEP are working with other state agencies and a wide range of environmental and industry groups to develop a comprehensive program.

To establish a formal foundation for cooperation, CZM and DEP signed a Memorandum of Understanding (MOU) in January, 1994. In the MOU, CZM agreed to cooperate with DEP throughout the development of the Coastal Nonpoint Source Pollution Control Program and to allow DEP to review the components of the program. In turn, DEP agreed to integrate the Coastal Nonpoint Source Pollution Control Program into its statewide nonpoint source efforts.

CZM's focus during the program development process is to protect coastal resources from NPS pollution while taking into consideration the needs of those who will be regulated by the program. CZM is emphasizing consensus building and flexibility throughout the development of NPS pollution control strategies.

State Coastal Nonpoint Source Pollution Control Programs will be approved by the National Oceanic and Atmospheric Administration (NOAA), the federal agency that administers the Coastal Zone Management Act, and the U.S. Environmental Protection Agency (EPA), the federal agency that administers a separate nonpoint source program under the Clean Water Act. The cooperation between these two federal agencies and state agencies will allow for more effective coordination of environmental programs and will ultimately lead to a more comprehensive approach to controlling NPS pollution.

To help states develop sound and effective programs, NOAA and EPA developed a guidance document for states entitled, Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters. States are using this document as the basis for developing their Coastal Nonpoint Source Pollution Control Programs.

All state Coastal Nonpoint Source Pollution Control Programs will include:

• Minimum Management Measures: These measures will be based on the federal guidance and will apply to the land use activities known to be major causes of NPS pollution. For example, keeping grazing animals out of streams is a minimum management measure for agricultural sources of NPS pollution. State programs will ensure that people and organizations conducting these specified land use activities implement the appropriate management measures. The goal of implementing these measures is to protect coastal water quality and habitat.

• Additional Management Measures: Where NPS pollution continues to prevent critical coastal areas from meeting Clean Water Act requirements, even when minimal management measures are used, additional management measures may be necessary. These measures will be targeted directly at reducing the NPS pollution activities that prevent these waters from meeting appropriate water quality standards, such as ensuring the water is safe for drinking, fishing, or swimming.

The management measures define the goals that state Coastal Nonpoint Source Pollution Control Programs will achieve. Two basic strategies define the plan. The first strategy is to develop and improve land use practices in areas that drain into coastal waters. The relationship between land use practices and NPS pollution has been clearly established. For example, coastal development converts field and forest land to roads, parking lots, buildings, and other surfaces that do not readily absorb water. Instead, rain water and snow melt run over these surfaces and carry contaminants to coastal waters. Implementing a land use plan that limits development around surface water bodies can help minimize NPS pollution problems.

The second strategy is to implement Best Management Practices (BMPs), which are structural and nonstructural solutions aimed at reducing the input of particular NPS contaminants into surface waters. An example of a structural BMP is an infiltration basin (a structure that is built to hold runoff and filter contaminants from that runoff before the water is absorbed into the ground). Nonstructural BMPs include buffer strips (areas of natural vegetation) that are left as protection between streams or other surface water bodies and farmlands or construction sites.

Unlike other federal NPS programs, the Coastal Nonpoint Source Pollution Control Program is technology based rather than water-quality based. This means that states can implement strategies that prevent pollution, rather than waiting until widespread damage occurs and then implementing strategies to try to correct pollution problems. Under the Coastal Nonpoint Source Pollution Control Program, therefore, control strategies that have been proven to be effective in reducing NPS pollution will be developed for all the major sources known to contribute to NPS pollution problems.

The technology-based approach is a more direct approach for NPS pollution problems than the water-quality based approach. Because nonpoint sources of pollution are so diverse, and each individual source may contribute only a small quantity of contaminants to coastal waters, identifying the exact sources of NPS pollution is very expensive and time consuming. In addition, the technology-based approach ensures that all the known, major sources of NPS pollution do their part to help solve the problem.

In addition to these management measures, state plans will include the following components:

• Agency Coordination: States will demonstrate that their Coastal Nonpoint Source Pollution Control Programs are coordinated with both existing state and local water quality plans (which are part of the Clean Water Act Nonpoint Source Program), and state coastal zone management programs. In addition, states will establish ways to improve coordination among state agencies, as well as between state and local officials responsible for habitat protection, land use programs and permitting, water quality permitting and enforcement, and public health and safety.

• Technical Assistance: States should develop a plan for providing local governments and the public with technical information and other assistance to help these groups implement any additional management measures that are needed.

• Public Participation: States will provide opportunities for the public to be involved throughout the development of the Coastal Nonpoint Source Pollution Control Program.

• Program Boundaries: State coastal zone boundaries will be modified to include inland areas that may contribute to coastal NPS pollution problems. For Massachusetts, this means that the eastern half of the state will be included in the coastal zone boundary.

  In order to comprehensively deal with NPS pollution problems, six general categories will be addressed in state Coastal Nonpoint Source Pollution Control Programs. These categories are:

• Urban Sources: A wide variety of urban sources of NPS pollution degrade coastal waters. Urban development increases impervious surfaces (surfaces that do not allow water to seep through, such as asphalt). Rain water and snow melt quickly run off these surfaces without being absorbed. Since these surfaces are often covered with oil, trash, animal wastes, and other contaminants, the rain water and snow melt pick up and carry these contaminants to surface water bodies. Failing septic systems, which contribute bacteria and chemicals to coastal waters, are another major source of urban NPS pollution. Finally, roads, highways, and bridges also contribute to NPS pollution. Oil, antifreeze, and other contaminants leaked onto these surfaces, as well as residue left from tires and exhaust, can be washed into surface water bodies.

• Marinas/Boats: Marinas and boatyards are a source of several types of contaminants, including fuel, cleaning chemicals, paint, and oil. These facilities cause NPS pollution when these substances are spilled directly into the water or are washed off docks and boats when it rains. Boats are also a source of NPS pollution, including sewage and trash that is purposefully released to the water, and gasoline and oil that accidentally leaks from engines.

• Agricultural Sources: The pesticides and fertilizers applied to cropland become nonpoint sources of pollution when they are washed into waterways by rainfall or snow melt. In addition, erosion of soil can lead to increased sediment levels in waterways, another type of NPS pollution. Finally, runoff can carry animal wastes from holding pens or grazing fields into waterways.

• Forestry: To conduct forestry operations, roads are often built through forested lands. In addition, timber cutting equipment must be driven across rivers and streams. These operations can increase erosion and release nutrient-rich sediments, contributing to the NPS pollution process.

• Hydromodification: Hydromodification refers to channelization (the straightening, widening, or deepening of channels for flood control or navigation), dam construction and dam use, and stream bank and shoreline erosion. Channelization increases water flow rates and changes water flow pathways. This may cause NPS pollution by both increasing erosion rates and increasing the quantity of pollutants reaching downstream sites. Dam construction may increase erosion and sediment problems and may also result in the release of contaminants from construction equipment (such as oil and fuel), which enter the waterway. Dams may cause other NPS pollution problems because sediment and other pollutants build up behind the dam. When the water is released, large levels of these NPS pollutants may be carried downstream. Finally, development near erosion-sensitive stream banks and shorelines accelerates erosion processes beyond natural levels. These activities contribute excessive sediments and other pollutants to the waterways.

• Wetlands: Wetlands provide many important environmental and economic benefits. Wetlands help to control flooding, protect the shoreline from storm damage, and provide habitat for commercial fish and shellfish, as well as rare and endangered species. In terms of NPS pollution, wetlands can hold sediments and other contaminants, which can keep these contaminants from reaching coastal waters. When wetland areas are filled or otherwise altered for development, the wetlands no longer serve this function, and NPS pollution problems are increased. In addition, when the natural capacity for wetlands to hold contaminants is surpassed, wetlands release these contaminants to coastal waters. Wetlands protection is therefore important to the protection of coastal resources. In addition, wetlands restoration (i.e., returning wetlands to their former and more productive natural function, condition, or size) and the construction of artificial wetlands should be encouraged to further protect coastal waters.

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  Published: October 1994