ALABAMA COASTAL NONPOINT PROGRAM FINDINGS AND CONDITIONS FOREWORD This document contains the findings for the coastal nonpoint pollution control program submitted by the State of Alabama pursuant to Section 6217(a) of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). The findings are based on a review of the Alabama Coastal Nonpoint Program, Final Program Submittal, August 1995, and supplemental material provided by Alabama subsequent to the program submittal. The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Environmental Protection Agency (EPA) reviewed this information and evaluated the extent to which it conforms with the requirements of CZARA. NOAA and EPA commend Alabama on the substantial amount of time and effort put into developing your program and we appreciate the commitment you have shown to complete an ambitious task with limited resources. We will continue to work with coastal states and territories to ensure that these findings represent an accurate assessment of current state and territory abilities and efforts to address coastal nonpoint source pollution. We recognize that there may be further administrative changes to the coastal nonpoint program that will impact these findings and we assure you that, once such changes are finalized, we will review these findings in light of the changes and make any necessary adjustments. APPROVAL DECISION NOAA and EPA approve the coastal nonpoint pollution control program submitted by the State of Alabama pursuant to Section 6217(a) of the Coastal Zone Act Reauthorization Amendments of 1990, subject to certain conditions. This document provides the specific findings used by NOAA and EPA as the basis for the decision to approve Alabama's program. It also provides the rationale for the findings and includes conditions that will need to be met for Alabama to receive final approval of its program. The timeframes associated with conditions become effective on the date of the approval letter for these findings. INTRODUCTION This document is organized by the major nonpoint source categories and subcategories identified in the section 6217(g) guidance and the administrative elements identified in the program guidance (including the boundary for the 6217 management area). Where appropriate, NOAA and EPA have grouped categories and subcategories of management measures into a single finding. The structure of each finding follows a standard format. Generally, the finding is that the state program includes or does not include management measures in conformity with the (g) guidance and includes or does not include enforceable policies and mechanisms to ensure implementation. In some cases, the finding reflects that the state has identified a back-up enforceable policy, but has not demonstrated the ability of the authority to ensure implementation. For further understanding of terms in this document, the reader is referred to the following: Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (EPA, January 1993) Coastal Nonpoint Pollution Control Program: Program Development and Approval Guidance (NOAA and EPA, January 1993) Flexibility for State Coastal Nonpoint Programs (NOAA and EPA, March 1995) The references in this document refer to the Alabama Coastal Nonpoint Program, Final Program Submittal, August 1995 ("program submittal"). NOAA and EPA have written this document as succinctly as possible. We have relied upon, but do not repeat here, the extensive information that the State has included in its program submittal. Further information and analysis, including material provided by Alabama subsequent to the program submittal, is contained in the administrative record for this approval decision and may be reviewed by interested parties at the following locations: EPA/Office of Wetlands, Oceans and Watersheds Assessment & Watershed Protection Division Nonpoint Source Control Branch 401 M St., SW (4503-F) Washington, DC 20460 CONTACT: Stu Tuller (202-260-7112) NOAA/Office of Ocean and Coastal Resource Management Coastal Programs Division SSMC-4, N/ORM3 1305 East-West Highway Silver Spring, MD 20910 CONTACT: Jewel Griffin (301-713-3109 ext. 163) U.S. EPA, Region 4 345 Courtland Street, NE Atlanta, GA 30365 CONTACT: Robert B. Howard (404-562-9370) I. BOUNDARY FINDING: Alabama's proposed 6217 management area excludes existing land and water uses that reasonably can be expected to have a significant impact on the coastal waters of the State. CONDITION: Within one year, the Alabama Department of Environmental Management, Alabama Department of Environmental Quality, U.S. Environmental Protection Agency, National Oceanic and Atmospheric Administration and other relevant State, local, and Federal agencies will participate in a cooperative process to determine an appropriate 6217 management area boundary to protect the State's coastal waters from nonpoint source pollution. Alabama's program will include management measures in conformity with the (g) guidance, and enforceable policies and mechanisms that ensure implementation of the management measures throughout an expanded 6217 management area. RATIONALE: Alabama's proposed 6217 management area is the State's existing Coastal Management Area boundary, a band immediately adjacent to coastal waters. The current boundary is defined, in part, as "the waters...and adjacent shorelands lying seaward of the continuous 10 foot contour..." This area encompasses the shorelands of the Gulf of Mexico, a narrow band along Mobile Bay, and the lowland areas along the major tributaries to Mobile Bay that lie within Mobile and Baldwin Counties. Lands adjacent to Perdido Bay and the lower Blackwater River are also included. Based on an examination of the State's 1988, 1990, 1992, and 1994 Section 305(b) reports and the State's 1994 Section 303(d) list under the Clean Water Act, and STORET monitoring information, NOAA and EPA believe that land and water uses throughout the two coastal counties, Mobile and Baldwin Counties, have a significant impacts on the State's coastal waters. Alabama will need to ensure that its program is in conformity with the management measures and includes enforceable policies and mechanisms to ensure implementation throughout the entire 6217 management area as determined by the cooperative process envisioned above. In some cases (e.g., agriculture, forestry and urban areas), current State programs already apply statewide. However, as noted in the findings and conditions below, some of these programs need to be modified to conform to the management measures and to ensure that the State has adequate enforceable authorities. In two other cases (marinas and wetlands), the State will need to expand its current programs and enforceable authorities beyond their currently limited geographic jurisdiction. Finally, Alabama's proposed exclusion for dams will no longer apply when its 6217 management area is expanded. For example, if the area is expanded to include the two counties discussed above, the State's program would need to address the water quality effects of over 40 dams located in those counties. II. AGRICULTURE FINDING: Alabama's program does not include management measures in conformity with the 6217(g) guidance. Alabama has identified back-up enforceable policies and mechanisms to implement the management measures, but has not yet demonstrated the ability of the authorities to ensure widespread implementation of the management measures throughout the 6217 management area. CONDITION: Within two years, Alabama will revise its implementation manuals to provide for conformity with all of the (g) guidance management measures for agricultural activities in the 6217 management area. Within one year, Alabama will develop a strategy (in accordance with section XIV, page 13) to implement the agricultural management measures throughout the 6217 management area. RATIONALE: Alabama intends to rely on education, technical assistance, and economic incentives to achieve implementation of the agricultural management measures. Alabama's technical guides and practice handbooks identify a wide range of best management practices (BMPs) that may be used to achieve the measures. However, many of the practices or sets of practices identified in these manuals are either inconsistent with the management measures or are set forth too generally to inform the reader or user how they are to be used to achieve the management measures. For example, for storage of runoff and facility wastewater, Alabama's BMP manual for the nonpoint source program does not specify that systems need to have sufficient storage capacity to handle a 25-year, 24-hour storm, as called for by the management measure. As another example, the State's BMP manual does not include a plan for nutrient management. It is therefore unclear whether the State intends to implement its agricultural program consistent with the management measures and, if so, how it intends to accomplish this result. Several different agencies are involved in producing new instructional manuals in the State. In completing these manuals, the State needs to ensure that the manuals are consistent with the management measures and include practices that are necessary to achieve the management measures. The State has identified its water quality criteria rules as the back-up enforcement authority for ensuring implementation of the agricultural management measures. These rules require that water be free from wastes in concentrations or combinations that are toxic or harmful to human, animal, or aquatic life. In addition, Alabama's antidegradation policy, which states in part that nonpoint sources shall use BMPs adequate to protect water quality consistent with Alabama's nonpoint source program, can be used to require implementation of BMPs where they are needed to protect water quality. Yet the mechanism for doing this is not described. Alabama should describe in its strategy how this policy can be used to achieve widespread implementation of the management measures throughout the 6217 management area. III. FORESTRY FINDING: Alabama's program includes management measures in conformity with the 6217(g) guidance. The State has proposed a strategy which is based on the existing Memorandum of Agreement between the Department of Environmental Management (ADEM) and the Alabama Forestry Commission (AFC) and has identified back-up enforceable policies and mechanisms for implementing the management measures, but has not yet demonstrated the ability of the strategy and authorities to ensure widespread implementation throughout the 6217 management area. CONDITION: Within three years, Alabama will demonstrate the ability to achieve widespread implementation of the forestry management measures throughout the 6217 management area using credible survey tools. RATIONALE: Alabama's program submission contains several commendable voluntary efforts. It includes the BMP manual Alabama's Best Management Practices for Forestry, which includes BMPs that are in conformity with the (g) guidance. These voluntary efforts are backed by Alabama's Water Pollution Control Act (AWPCA), Alabama Code 22-22-1, which authorizes the ADEM to enforce against violations of, or imminent threats to, water quality standards. Enforcement is triggered when a water quality problem is reported or observed during monitoring. Cooperating through a memorandum of agreement between ADEM and the AFC, the AFC first encourages operators and landowners to take remedial actions voluntarily. If remedial actions are not taken within a specified time frame, the case may then be referred to the ADEM for legal action. Several examples of legal actions taken under the AWPCA have been provided by the State. We recognize that Alabama has conducted a monitoring program since 1993 to evaluate the success of its program, and high compliance rates have been reported for certain harvesting BMPs. This monitoring program may help Alabama meet the above condition for final program approval, which provides an opportunity to demonstrate, through measurable results, the ability to ensure widespread implementation of the forestry management measures throughout the 6217 management area using the approach described above. Alabama requested exclusions from the forest chemical and wetlands forest management measures. The submittal notes that insecticides, fungicides and rodenticides are not used operationally by forest managers in Alabama. Fertilization may be used for certain types of forestry operation. The State should ensure that where chemicals are used, their application is in conformity with the management measure. No information was submitted to support the State's request for exclusion of the wetlands forest management measure, therefore, NOAA and EPA do not have a basis for granting the request. The State's existing program, including its BMP manual, is in conformity with these measures. IV. URBAN A. NEW DEVELOPMENT AND SITE DEVELOPMENT FINDING: Alabama's program does not include management measures in conformity with the 6217(g) guidance. The State has identified back-up enforceable policies and mechanisms for implementing these management measures, but has not yet demonstrated the ability of the authorities to ensure widespread implementation throughout the 6217 management area. CONDITION: Within three years, Alabama will include in its program management measures that are in conformity with the 6217(g) guidance management measures for new development and site development. Within one year, Alabama will develop a strategy (in accordance with Section XIV, page 13) to implement these management measures throughout the 6217 management area. RATIONALE: Alabama requires NPDES permits for all new commercial and residential development affecting more than 5 acres, but it does not address new development on sites less than 5 acres or postdevelopment loadings. The State proposes to use its turbidity water quality criterion of 50 NTUs as a means for implementing the 80% total suspended solids (TSS) loading reduction requirement of the new development management measure. While the State's turbidity criterion provides a means for reducing the total amount of sediment loadings that are delivered to receiving waters, it does not address the goals of the management measures of reducing runoff and controlling sediment at its source, where it is most easily identified and controlled. Moreover, while ADEM requires nonpoint source discharges to use BMPs adequate to protect water quality consistent with the State's Nonpoint Source Management Program, these practices are not consistent with the urban management measures and are described very generally. Local ordinances in many urban areas near coastal waters require implementation of practices that meet the site development management measure requirements. However, these practices are voluntary at the State level and have not been consistently implemented throughout the 6217 management area. While the Alabama Water Pollution Control Act (Chapter 22) provides the State with the ability to take enforcement actions when water quality standards are imminently threatened or violated, the State has not yet demonstrated the Act's ability to ensure widespread implementation of the management measures throughout the 6217 management area. B. WATERSHED PROTECTION AND EXISTING DEVELOPMENT FINDING: Alabama's program does not include management measures in conformity with the 6217(g) guidance. The State has identified back-up enforceable policies and mechanisms for implementing these management measures, but has not yet demonstrated the ability of the authorities to ensure widespread implementation throughout the 6217 management area. CONDITION: Within three years, Alabama will include in its program management measures that are in conformity with the 6217(g) guidance management measures for watershed protection and existing development. Within one year, Alabama will develop a strategy (in accordance with Section XIV, page 13) to implement these management measures throughout the 6217 management area. RATIONALE: Alabama plans to implement these management measures through watershed plans developed by Watershed Management Authorities (WMAs). WMAs may be formed in any watershed area of at least 50 square miles for the purpose of developing and executing plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, water pollution control, wildlife habitat protection, agricultural and timberland protection, erosion prevention, and control of erosion, floodwater and sediment damage. While WMA plans have the potential to meet the requirements of these management measures, the State has not developed specific requirements for WMA plans that are in conformity with the management measures, nor identified a process to ensure development of WMAs throughout the 6217 management area. C. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL and CHEMICAL CONTROL FINDING: Alabama's program includes management measures in conformity with the 6217(g) guidance, except that the program does not provide for approved erosion and sediment control plans. The State has identified back-up enforceable policies and mechanisms for implementing these management measures, but has not yet demonstrated the ability of the authorities to ensure widespread implementation throughout the 6217 management area. CONDITION: Within two years, Alabama will include in its program a measure that ensures the development of approved erosion and sediment control plans. Within one year, Alabama will develop a strategy (in accordance with Section XIV, page 13) to implement these management measures throughout the 6217 management area. RATIONALE: The practices listed in the State's Nonpoint Source Management Program (1989) and the State's Best Management Practices Manual for Construction (1995) include practices that implement most aspects of these management measures. In addition, the State's Best Management Practices Manual for Construction includes practices that can control chemical spills at construction sites. However, the State's program and practices do not provide for the development and approval of erosion and sediment control plans. While the Alabama Water Pollution Control Act provides the State with the ability to take enforcement actions when water quality standards are violated or imminently threatened, the State has not yet demonstrated the Act's ability to ensure widespread implementation of the management measures throughout the 6217 management area. D. NEW AND OPERATING OSDS FINDING: Alabama's program does not include management measures in conformity with the 6217(g) guidance, but includes enforceable policies and mechanisms to ensure implementation. CONDITION: Within three years, Alabama will modify its OSDS program to incorporate: (1) adequate separation distances between OSDS system components and groundwater that is closely hydrologically connected to surface waters, (2) the inspection of operating OSDS at a frequency sufficient to ascertain when systems are failing, and (3) provisions to protect nitrogen-limited surface waters consistent with the management measure. RATIONALE: Alabama's Onsite Sewage Disposal and Subdivision-Onsite Sewage Systems, Water Supplies and Solid Waste Management Rules include minimum standards for the location, design, construction, and maintenance of OSDS. The rules are implemented through a permit requirement. All new OSDS, including alternative OSDS, require written approval prior to construction, as well as a certification after construction. In addition, a permit is required prior to any repairs to existing OSDS. Although Alabama's OSDS program provides a good foundation for meeting the requirements of the New and Operating OSDS management measures, the program contains a number of significant gaps. For example, the State's requirement that disposal field trench bottoms need only be eighteen inches above the groundwater elevation is inadequate to meet the New OSDS management measure, which requires that OSDSs be designed or sited at a density so as not to adversely affect surface waters or ground water that is closely hydrologically connected to surface waters. In addition, Alabama's program provides only for inspection of onsite systems at the time of installation; this does not meet the management measure's goal of inspecting systems at a frequency adequate to ascertain whether systems are failing. Finally, Alabama's program does not yet provide a mechanism for the protection of nitrogen-sensitive waters. E. POLLUTION PREVENTION FINDING: Alabama's program includes management measures in conformity with the 6217(g) guidance. RATIONALE: Alabama describes on pages 71-72 of its submittal several education efforts that are currently underway to implement this management measure. These efforts include the Baldwin County Cooperative Extension Service in-class Nonpoint Pollution Working Model, pollution classroom on wheels, teacher workshops, Weeks Bay National Estuarine Research Reserve's work with local teachers, and Alabama University's Alabama Water Watch. NOAA and EPA encourage the State to consider additional pollution prevention activities to address discharges of pollutants into storm drains, including pollutants from commercial activities such as parking lots, gas stations, and other entities not under NPDES review. F. ROADS, HIGHWAYS, AND BRIDGES FINDING: Alabama's program includes management measures in conformity with the 6217(g) guidance and enforceable policies and mechanisms to ensure implementation, except that it does not include management measures and enforceable policies and mechanisms for operation and maintenance and for runoff systems. CONDITION: Within two years, Alabama will include in its program management measures in conformity with the 6217(g) guidance and enforceable policies and mechanisms for operation and maintenance and for runoff systems. RATIONALE: Alabama relies on its NPDES program to address all road and highway construction projects within the coastal management area. In addition, Alabama's bridge construction and operation and maintenance contract specifications contain adequate provisions to protect water quality and conform to the management measure for bridges. The State plans to meet the management measures for operation and maintenance and runoff systems using Watershed Management Authorities (WMAs) established under Chapter 10A of the Alabama Code. WMAs can be established by citizens by filing a petition with the county soil and water conservation districts. WMAs can develop and execute plans and programs to address water pollution including implementing practices that could meet the management measures. However, WMAs are not widely used; thus, a substantial amount of coastal area is not now and may continue to not be included in WMA jurisdictions. Moreover, even within WMAs, Alabama has not clearly indicated its intent to implement the management measures. The WMAs do, however, provide an enforceable authority that potentially can be used if the WMA chooses to implement management measures. V. MARINAS AND RECREATIONAL BOATING FINDING: Subject to the conditions in the boundary section, Alabama's program includes management measures in conformity with the 6217(g) guidance except the State's program does not include management measures in conformity with the boat operation management measure. Alabama's program includes enforceable policies and mechanisms to ensure implementation of the management measures within the existing coastal management area. CONDITION: Within two years, Alabama will include in its program management measures in conformity with the boat operation management measures. Within two years, the State will also develop new authorities or modify existing authorities to ensure implementation of all the management measures throughout the 6217 management area. RATIONALE: Alabama's Division 8 regulations are comprehensive and can generally meet the 6217(g) program objectives for marinas and recreational boating. Permit applicants for new and expanding marinas must provide an operation and maintenance plan including BMPs, ensure that water quality will be maintained, provide a spill prevention and control plan, provide waste disposal and sanitary facilities, and obtain a stormwater permit. The ADEM proposes to improve operation and maintenance at marinas with the development of an operation and maintenance guidance manual. However, in its program submittal, Alabama states that a feasible plan for implementation of the boat operation measure has not yet been developed at this time and no enforceable policies or mechanisms have been identified for this measure. Addressing boat operation will ensure that boating activities do not impact shallow water habitat, including submerged grasses and spawning areas. VI. HYDROMODIFICATION FINDING: Subject to the conditions in the boundary section, Alabama's program includes management measures in conformity with the 6217(g) guidance, and includes enforceable policies and mechanisms to ensure implementation of the first two elements of both channelization/ channel modification management measures, and the second element of the eroding streambanks and shorelines management measures. However, the program does not include: (1) a process to improve surface water quality and restore instream and riparian habitat through the operation and maintenance of existing modified channels; (2) a process to address existing nonpoint source pollution problems caused by eroding streambanks and shorelines; and (3) a process to protect shoreline features with the potential to reduce nonpoint pollution, and protect shoreline features against erosion due to uses either of the shorelands or adjacent surface waters. CONDITION: Within three years, Alabama will develop a process to identify and implement opportunities to: (1) improve surface water quality and restore instream and riparian habitat through the operation and maintenance of existing modified channels; (2) address existing nonpoint pollution problems caused by eroding streambanks and shorelines; and (3) protect shoreline features with the potential to reduce nonpoint pollution, and protect shoreline features against erosion due to uses either of the shorelands or adjacent surface waters. RATIONALE: Alabama requires permits for activities within the existing coastal management area, located seaward of the +10-foot topographic contour. Projects involving dredging and filling are permissible if they maintain water quality standards; reduce impacts on coastal resources to the greatest extent practicable; restore or enhance wetlands; or eliminate dead-end canals or boat slips exhibiting poor water quality. Projects involving shoreline stabilization must give preference to nonstructural methods, preserve existing shoreline features, and have no significant impacts on adjacent shorelines. Alabama does not require the development of a plan for operation and maintenance, but recognizes that such a plan can be effective in protecting and restoring water quality when implemented correctly. (See discussion in Section I above.) VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS FINDING: Subject to the conditions in the boundary section, Alabama's program includes management measures in conformity with the 6217(g) guidance, except the program does not include management measures to promote the use of vegetative treatment systems. The State's program includes enforceable policies and mechanisms to ensure implementation within the existing coastal management area. CONDITION: Within two years, Alabama will include in its program management measures to identify and implement opportunities to address problems in wetlands/riparian areas that are not covered under existing permit authorities and include management measures to promote the use of vegetative treatment systems. Within two years, the State will develop new authorities or modify existing authorities to ensure implementation of the first management measure throughout the 6217 management area. RATIONALE: Alabama's Division 8 regulations are comprehensive and can generally meet the 6217(g) program objectives for wetlands/riparian areas. Alabama requires permits for activities within the existing coastal management area, located seaward of the +10-foot topographic contour. Activities involving dredge-and-fill must be designed to maintain water quality. Regulations allow ADEM to deny permits for those coastal area projects in the Mobile-Tensaw delta that are determined to degrade the integrity and nonpoint source pollution abatement functions of the delta's wetlands. Regulations further provide for ADEM to determine, on a site- specific basis, that those wetlands not adjacent to state waterbottom where dredge-and-fill activities are proposed have a limited value for nonpoint source pollution functions. Alabama promotes restoration of wetlands and riparian areas by imposing mitigation requirements for wetland impacts involving the creation of wetlands or the restoration and enhancement of existing degraded wetlands. Alabama's program does not provide for implementation of management measures to promote vegetative treatment systems. VIII. ADMINISTRATIVE COORDINATION FINDING: Alabama's program does not include mechanisms to improve coordination among State agencies and between State and local officials. CONDITION: Within one year, Alabama will establish a process for ensuring coordination among State and local agencies with a role in the implementation of the coastal nonpoint program. RATIONALE: The State's submittal does not adequately describe the role of the various agencies involved in the prevention of nonpoint pollution. It is noted, however, that Memoranda of Agreement between State agencies are currently being developed and these should be incorporated in the State's description of administrative coordination mechanisms. IX. PUBLIC PARTICIPATION FINDING: Alabama's program provides opportunities for public participation in the development and implementation of the coastal nonpoint program. RATIONALE: In the program submittal, Alabama described several activities that provide opportunities for public participation in its coastal nonpoint program during the development and implementation phases. These opportunities include conducting several public workshops in order to receive public input into program development. The workshops were category specific including topics on covering agriculture, forestry, marinas and recreational boating, and urban areas, and held throughout the six counties in southwestern Alabama. In addition, meetings have also been held with representatives from the Alabama Forestry Association, the Alabama Cattlemen's Association, the Marinas and Boat Owner's Association, the Southern Nurserymen's Association, the Stewards of the Family Farms and Ranches and Baldwin County Farmers. Alabama provided a 30-day public comment period on the final program submittal and received one comment letter during this period. The State responded to this letter. X. TECHNICAL ASSISTANCE FINDING: Alabama has included programs that will provide technical assistance to local governments and the public for implementing additional management measures. RATIONALE: Alabama has recognized that technical assistance will be necessary when the need for additional management measures has been determined. While not specific, Alabama has proposed that site-specific technical assistance will be made available and include instruction on installation and maintenance of BMPs and information from various Federal, state and local agencies. XI. ADDITIONAL MANAGEMENT MEASURES FINDING: Alabama's program provides for the identification of additional management measures and the continuing revision of management measures applicable to critical coastal areas and cases where (g) measures are fully implemented but water quality threats or impairments persist. RATIONALE: Alabama's description of its process for the implementation of additional management measures includes steps linked to the identification of critical coastal areas and determination of the need for additional measures. Implementation of additional management measures will be initiated by on-site inspections that will identify deficiencies in nonpoint pollution controls. Once deficiencies are identified, a number of factors will be considered by the state in selecting and implementing additional BMPs to further reduce nonpoint related impacts on identified threatened or impaired waters. XII. CRITICAL COASTAL AREAS FINDING: Alabama's program identifies and includes a process for the continuing identification of critical coastal areas adjacent to impaired and threatened coastal waters. RATIONALE: Alabama's program includes a detailed strategy for the identification of threatened or impaired coastal waters that may require additional management measures including identification within the Alabama Water Quality Report to Congress, the Priority Watershed listing in Alabama's Nonpoint Source Management Program, as well as identification through various monitoring efforts and university research projects. In determining the extent of the critical coastal area, the state will consider entire sub-watersheds, as necessary, to include areas where land uses impact coastal features and resources and threaten or contribute to coastal water threats or impairment. XIII. MONITORING FINDING: Alabama's program does not include a plan to assess over time the success of the management measures in reducing pollution loads and improving water quality. CONDITION: Within one year, Alabama will develop a plan that enables the State to assess over time the extent to which implementation of management measures is reducing pollution loads and improving water quality. RATIONALE: In the program submission, Alabama indicates a need to track agency efforts to provide data to determine the adequacy of BMP implementation. The Alabama Department of Environmental Management (ADEM) is recommended as the "gathering point" for nonpoint data, but only if funding can be acquired. In a submission of additional information, Alabama states that water quality monitoring is necessary to evaluate the level of success of implementing management measures. The State proposes to rely upon EPA's Environmental Mapping and Assessment Program (EMAP) to perform the evaluation, while also stating that its long-term trend monitoring strategy provides a "comprehensive and statistically defensible monitoring program." However, this will provide only limited information relative to the CZARA goal of assessing, over time, the success of the management measures in reducing pollution loads and improving water quality. Alabama also plans to measure the effectiveness of any additional management measures with localized monitoring. While Alabama states that it has a suitable monitoring program, it provides very little information regarding the details of existing efforts, and it does not describe how these efforts will be applied to the coastal management program. Alabama should include information regarding the number and location of monitoring stations, the types and frequency of water quality data being collected, methods for tracking management measure implementation, and the analytic approaches that will be employed in conjunction with existing monitoring efforts to assess the success of management measures in achieving water quality objectives. XIV. STRATEGIES AND EVALUATION FOR BACKUP AUTHORITIES Within one year, Alabama will develop a strategy to implement the management measures for agriculture, new development, site development, watershed protection, existing development, construction site erosion and sediment control and chemical control throughout the 6217 management area. This strategy will include a description and schedule for the specific steps the State will take to ensure implementation of the management measure; describe how existing or new authorities can be used to ensure implementation where voluntary efforts are unsuccessful; and identify measurable results which, if achieved, will demonstrate the State's ability to achieve widespread implementation of the management measure using the described approach. Alabama will also develop and apply credible survey tools to demonstrate the ability of the State's approach to achieve widespread implementation of the management measures cited above, as well as the forestry management measures. The use of credible assessment techniques is necessary in order for NOAA and EPA to evaluate, at the end of the 3 year period described in the March 16, 1995 guidance issued by NOAA and EPA entitled Flexibility for State Coastal Nonpoint Programs, whether the State's approach has been successful or whether new, more specific authorities will be needed.