FINDINGS FOR THE
     MARYLAND COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of
Maryland pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the Maryland's Coastal Nonpoint Pollution
Control Program, July 14, 1995 and supplemental material
provided by Maryland 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 Maryland 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 Maryland 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
Maryland's program.  It also provides the rationale for the findings
and includes conditions that will need to be met for Maryland to
receive final approval of its program.  The timeframes associated
with conditions become effective on the date of the approval letter
for these findings.  We recognize that Maryland has already
proposed some changes to its program that would, if finalized,
ensure implementation of the management measures in conformity
with the section 6217(g) guidance.  In these cases, the conditions
are based on the State's proposed changes.
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
yet 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 Maryland's
Coastal Nonpoint Pollution Control Program, July 14, 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 Maryland 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:  John Kosco (202/260-6385)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Joshua Lott (301/713-3117, x178)

U.S. EPA Region III
Office of Watersheds, Maryland/District of Columbia Branch
Chestnut Building
841 Chestnut Street
Philadelphia, PA 19107
Contact: Peter Weber (215/566-5749)
     I.   BOUNDARY

FINDING: Maryland's boundary is sufficient to control the land
and water uses that have or are reasonably expected to have a
significant impact on the coastal waters of Maryland.

RATIONALE:  Maryland's proposed boundary approximates the
NOAA recommendation of coastal watersheds, with the exception
of the headwater reaches of the Patuxent, Anacostia, Patapsco, and
Gunpowder Rivers and Rock Creek.  Maryland proposes using the
existing coastal zone (based on County boundaries; approximately
2/3 of the land area in the State) as its 6217 management area.

     Maryland used data from the Chesapeake Bay Watershed
Model and water quality monitoring programs to justify its
boundary proposal.  The State compared the controllable nonpoint
nitrogen and phosphorus loads with the total load (point and
nonpoint) from each of the small upstream portions of basins that
Maryland excluded from the 6217 management area.  The State
also compared the controllable nonpoint loads from these areas to
the total loadings from the full tributary basin, e.g., the small
headwater basin of the Patuxent River compared to the entire
Patuxent watershed.  The controllable nonpoint loads from
excluded portions of the basins range from 0.3 to five percent of
total loadings from the basins.  The State concluded that this
percentage is not significant; therefore the State proposes not to
include those areas.  Analysis of Maryland's 1993 305(b) report
indicates that water quality in the excluded areas is generally Good. 
Based on available information, including Maryland's modeling
analysis in the program submittal, NOAA and EPA do not have
indications that Maryland's alternative 6217 management area
excludes: (a) existing land uses that reasonably can be expected to
have a significant impact on coastal waters of the State; or (b)
reasonably foreseeable threats to coastal waters from nearby
activities landward of the State's 6217 management area.  

II.  AGRICULTURE

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance.  Maryland's program
includes enforceable policies and mechanisms to ensure
implementation of the erosion and sediment control measures
throughout the 6217 management area.  The State has identified
back-up enforceable policies and mechanisms for implementing
the confined animal facility, nutrient management, pesticide
management, and grazing management measures but has not yet
demonstrated the ability to ensure implementation throughout the
6217 management area.  Maryland has presented sufficient
justification for exclusion of the irrigation water management
measure for irrigated agricultural lands.

CONDITION:  Within one year, Maryland will develop a strategy
(in accordance with Section XIV, page 18) to implement the
confined animal facilities, nutrient management, pesticide
management, and grazing management measures throughout the
6217 management area.

RATIONALE:  Maryland includes in its coastal nonpoint program
the 6217(g) management measures for agricultural sources.  The
State has also identified management practices to implement the
measures.  Maryland proposes to implement the erosion and
sediment control, large and small confined animal facility, nutrient
management, and grazing management measures through Soil
Conservation and Water Quality (SCWQ) plans.  SCWQ plans
contain management practices that provide for the implementation
of these measures.

     Maryland's Agricultural Sediment Control Law and
Regulations (MD CODE ANN. ENVIR. 4-413 and 4-417 and
MD REGS CODE 26.09.03.01 - .08) ensure implementation of
the erosion and sediment control management measure by
prohibiting agricultural operations from adding, introducing,
leaking, spilling, or otherwise emitting soil or sediment into waters
of the State, or placing soil or sediment in a condition or location
where it is likely to be washed into waters of the State.  This
inclusive standard for erosion and sediment control addresses all
agricultural operations.  Farmers implementing and maintaining
approved SCWQ plans are exempt from the penalty provisions of
4-417, which includes provisions for civil and criminal penalties. 
Under section 26.09.03.05 of the regulations, the Maryland
Department of the Environment (MDE) is responsible for
investigating any reports to determine if there is agricultural
sediment pollution in violation of 4-413(b).  Where MDE
identifies a sediment pollution violation, it may issue an order to
require one of several actions, including the development of a
SCWQ plan or modification of an existing SCWQ plan.  A
Memorandum of Understanding between the Department of
Agriculture and MDE guides coordination on sediment
enforcement and education activities.

     Several authorities provide for implementation of the
confined animal facility, nutrient management, and grazing
management measures in limited portions of the 6217 management
area.  For example, SCWQ plans are required under the
Chesapeake Bay Critical Area Program (MD CODE ANN NAT
RES 8-1801 et seq., MD REGS CODE 27.01.01 et. seq.) and
Agricultural Water Quality Cost Share Program -- for animal waste
storage or poultry mortality composters (MD CODE ANN AGRIC
8-801 - 8-806).  Also, MDE must issue a permit for all
application of sewage sludge (MD CODE ENVIR 9-230 et seq.,
MD REGS CODE 26.04.06).  However, these authorities do not
ensure implementation of the confined animal facility, nutrient
management, and grazing management measures on all farms in
the 6217 management area.  The program submittal cites two back
up enforceable policies and mechanisms:  MD CODE ANN
ENVIR 9-322, which prohibits discharging any pollutant into the
waters of the State; and MD CODE ANN. ENVIR. 9-323, which
provides Maryland with the authority to require a discharge permit
for any operation that could cause or increase the discharge of
pollutants into the waters of the State.

     According to the program submittal, Maryland defines an
agricultural operation as having a minimum of 5 animals.  The
applicability of the confined animal facility measures does not have
a minimum threshold for new operations.  However, all operations
in Maryland are subject to the cited back up enforceable policies
and mechanisms (MD CODE ANN ENVIR 9-322, 9-323) and
no change to the Maryland definition is required.

     The pesticide management measure applies to the
application of pesticides to agricultural lands.  Maryland's
Pesticide Applicator's Law (MD CODE AGRIC. 5-201 - 5-211)
and Regulations (MD REGS CODE 15.05.01-15.05.16) provide
for implementation of the pesticide measure where an applicator is
certified by the Secretary to apply pesticides (MD REGS CODE
15.05.01.02-.03).  The certified applicator provision applies to
restricted use pesticides and pest control consultants who are in the
business of pest control.  All pest control businesses must be
licensed and employees who perform pest control must
successfully complete a training program (including a closed book
exam) provided by the Department of Agriculture.  The training
program must include label comprehension, pesticide application
techniques, environmental and health concerns, and integrated pest
management (IPM). 

     However, pesticide applicators applying general use
pesticides on their own land are not required to be certified as
described in the above paragraph.  Applicators using general use
pesticides on their own land are only required to observe
precautions so that "unreasonable adverse effects on the
environment do not occur or are minimized."  These general
standards of the regulations apply to all applicators.  The training
program requirement applies to commercial applicators and private
applicators using restricted use pesticides only.  This does not
ensure implementation of all elements of the management measure
throughout the 6217 management area. 

     In addition to the authorities cited above, Maryland has
strong voluntary programs to encourage implementation of SCWQ
plans, including the Maryland Agricultural Water Quality Cost
Share Program (MACS), certification of private nutrient
management consultants, property tax credits for agricultural land
under a SCWQ plan, the University of Maryland's promotion of
IPM, MDA's licensing of pest control consultants and the
Chesapeake Bay Tributary Strategies.  The Tributary Strategies are
driven by a numeric goal, the reduction of nutrient loadings by 40
percent by the year 2000.  The strategies call for further
implementation of SCWQ plans and other BMPs which could be
used to implement the (g) measures as well as meeting the 40
percent nutrient reduction goal jointly established by Maryland and
other jurisdictions that participate in the Chesapeake Bay Program.

     As stated in the findings and conditions, Maryland needs to
demonstrate the ability to ensure implementation of the pesticide
management measure throughout the 6217 management area for all
applicators.  This may be done by demonstrating how the State
promotes the use of IPM for all applicators applying both restricted
and general use pesticides.  NOAA and EPA encourage the State to
use the Tributary Strategies and associated voluntary programs
listed above as elements of the "strategy" identified in the above
condition to implement the confined animal facilities, nutrient
management, pesticide management, and grazing management
measures throughout the 6217 management area.  The 1997 re-
evaluation of the Tributary Strategies presents a good opportunity
for Maryland to meet the condition.  

     Maryland's program submittal indicates that nonpoint
sources of pollution from irrigation do not and are not reasonably
expected to present significant adverse effects to living coastal
resources or human health in Maryland.  Therefore, the State
proposed an exclusion of the irrigation management measure. 
According to the 1992 Census of Agriculture, Maryland has almost
54,000 acres of irrigated land distributed on over 870 farms in the
State's 6217 management area.  This represents four percent of
agricultural land in the 6217 management area.  Maryland
submitted information to NOAA and EPA subsequent to the
program submittal which justifies the exclusion of this measure. 
Irrigated lands contribute no more than two to three percent of
nutrient loadings to coastal waters.  There are only three farms
using chemigation, and all use anti-backflow devices.  The State
has presented sufficient justification to indicate that nonpoint
pollution from irrigation does not and is not reasonably expected to
have significant adverse impacts on the State's coastal waters.

III. FORESTRY

FINDING:   Maryland's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.

RATIONALE: As described on pages 43 - 70 of the State's
program submittal, Maryland has a comprehensive forestry
program that addresses all of the forestry management measures. 
Maryland's Erosion and Sediment Control Law Regulations (MD
REGS CODE 26.09.01.01, et seq.) require that a sediment control
plan must be developed and approved before undertaking any earth
disturbing activity in excess of 5,000 square feet.  This threshold is
sufficient to meet the applicability for the forestry measures in the
6217(g) guidance.  Silvicultural operations which exceed this limit
must adhere to the mandatory Standard Erosion and Sediment
Control Plan for Forest Harvest Operations in Maryland
(Standard Plan).  This plan lists general sediment control
requirements for each harvest.  For certain activities, including
harvesting within 1,000 feet of the Chesapeake Bay or in nontidal
wetlands, harvesting in a streamside management area, and
constructing and maintaining roads on excess of 15 percent slope, a
"Custom Plan" is required.  The Soil Erosion and Sediment Control
Guidelines for Forest Harvest Operations in Maryland specify
management practices to be included in the Custom Plans.  

     The Guidelines contain practices in conformance with all
the forestry management measures, and the Erosion and Sediment
Control Law ensures that all forestry operations are conducted in
accordance with the practices, where applicable.  Before DNR
approves the harvesting operation, a DNR forester,
landowner/manager, and logger together determine which BMPs
contained in the Guidelines are applicable and how they will be
implemented.  The Custom Plan will then be written to reflect
those decisions.  In addition, a Nontidal Wetland and Waterway
Permit must be obtained for stream crossings if the drainage area
above the crossing exceeds 400 acres, or exceeds 100 acres for
designated trout streams.

     Several agencies cooperate to implement and enforce the
silviculture program.  Soil Conservation District staff develop and
approve the Standard and Custom Plans, with assistance from
foresters in the Department of Natural Resource's (DNR) Forest
Service when needed.  MDE reviews and approves plans for
harvests on State and federal land.  State-level enforcement of the
erosion and sediment regulations is provided by the Inspection and
Compliance program in MDE.  This includes monitoring of the
approved silvicultural plans to ensure they are being implemented
correctly.  MDE and DNR jointly developed the Erosion and
Sediment Control Guidelines. 

     The program submittal indicates that site preparation and
forest regeneration are not a significant source of nonpoint source
pollution in the State and are therefore not applicable to Maryland. 
The most common method of site preparation in the Maryland
6217 management area is application of herbicides, which does not
increase the potential for erosion and sedimentation and is covered
under the forest chemical management measure.  If site preparation
immediately follows a harvest, then the site preparation activities
are usually written into the sediment and erosion control plan for
the harvest.  Also, these activities within the 6217 management
area are generally limited to the coastal plain, where topography
limits the potential for erosion and sedimentation problems. 
Maryland's Soil Erosion and Sediment Control Guidelines for
Forest Harvest Operations in Maryland specify management
practices for site preparation and forest regeneration to be included
in Custom Plans, and the Erosion and Sediment Control Law
ensures that all forestry operations are conducted in accordance
with these practices, where applicable.  Therefore, though site
preparation and forest regeneration are generally not a problem in
Maryland, the State has the tools available to implement
appropriate management measures.

     In addition to fire management practices specified in a
Custom Plan, DNR has issued an Operation Order which requires
that a prescribed burn plan be submitted and approved prior to any
prescribed burn.  NOAA and EPA encourage DNR to complete the
revised Operation Order to require that prescribed burns comply
with minimum standards.

     The conditions of a Standard Plan specify appropriate use
of forest chemicals.  If all the conditions of the Standard Plan
cannot be met, it is necessary to have a plan amendment prepared
by a licensed forester prior to the SCD approving the plan.  The
Guidelines for a Custom Plan establish certain chemical control
criteria, such as: application of pesticides and disposal of
containers should follow manufacturers' label instructions; and
fertilizer should not be broadcast within a streamside management
zone.  The programs pertaining to the application of agricultural
pesticides apply to silvicultural operations, also.

IV.  URBAN

     A.   NEW DEVELOPMENT

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance.  Maryland's program
includes enforceable policies and mechanisms to ensure
implementation.  Maryland has provided sufficient justification for
exclusion of the new development management measure in Anne
Arundel, Baltimore, Charles, Harford, and Prince Georges
Counties and Baltimore City.

RATIONALE:  Maryland's Stormwater Management Regulations
(MD REGS CODE 26.09.02.01 - .10) establish criteria that local
governments must include in required stormwater management
programs.  Eastern Shore counties, for example, must ensure that
post-development peak flow is less than or equal to
predevelopment peak flow for a two-year storm event.  Other
counties require the same standards for both a two- and ten- year
storm event.  The Department of the Environment evaluates each
local stormwater management program on a triennial basis.  

     The regulations (MD REGS CODE 26.09.02.08) require
stormwater management design criteria that reduce TSS loadings
in conformity with the 6217(g) guidance.  The regulations require
that stormwater management practices be used in developing a
stormwater management plan according to the following order of
preference: (1) infiltration of runoff on-site; (2) flow attenuation by
use of open vegetated swales and natural depressions; (3)
stormwater retention structures; and (4) stormwater detention
structures.  The Department of the Environment has published
several design manuals and technical guidance documents to assist
applicants in meeting the design criteria.  These documents show
that, by design, the practices required in Maryland's regulations
can reduce TSS loadings in conformity with the 6217(g) guidance. 
NOAA and EPA have concerns, however, that the sole use of open
vegetated swales and natural depressions will not achieve the TSS
loadings reduction described in the management measure.  We
encourage Maryland to continue to evaluate local programs to
ensure that implementation of stormwater management practices,
either alone or in combination, achieve the management measure.

     Anne Arundel, Baltimore, Charles, Harford, and Prince
Georges Counties and Baltimore City implement Phase I municipal
NPDES permits that address this management measure.  These
jurisdictions are therefore excluded from implementing this
management measure under the coastal nonpoint program.

     B.   WATERSHED PROTECTION, SITE
     DEVELOPMENT, AND CONSTRUCTION SITE
     EROSION AND SEDIMENT CONTROL

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.  Maryland has
provided sufficient justification for exclusion of the watershed
protection, site development, and construction site erosion and
sediment control management measures in Anne Arundel,
Baltimore, Charles, Harford, and Prince Georges Counties and
Baltimore City.

RATIONALE:  The Economic Growth, Resource Protection, and
Planning Act (Chapter 437 of the Acts of 1992) requires counties
and municipalities to revise their comprehensive plans and zoning
and subdivision ordinances to include "seven visions" for
development as described in the Act.  One vision is the protection
of sensitive areas, including steep slopes, streams and their buffers,
100-year floodplains, and habitat for endangered and threatened
species.  All State funded and conducted projects must adhere to
these standards, also.  Local governments that fail to enact these
changes are subject to losses in state funding.

     The Nontidal Wetlands Program, established by the
Nontidal Wetlands Protection Act (MD CODE ANN NAT RES
8-1201 - 8-1211) adopts State standards for planning, regulating,
restoring, creating, and enhancing nontidal wetlands and protecting
existing natural drainageways and riparian corridors through a
permit program.  Several jurisdictions in the management area also
implement optional wetland watershed management plans
developed under authority of this Act. The Chesapeake Bay
Critical Area Program, which limits impervious surfaces, and the
Forest Conservation Act, which requires the preservation of
existing forests or reforestation of areas being developed, provide
additional measures of protection in these areas.  

     The Sediment Law and Erosion and Sediment Control
Regulations (MD CODE ANN ENVIR 4-201 - 4-208, MD
REGS CODE 26.09.02.01 - .10)  require implementation of an
erosion and sediment control plan to protect streams and other
watercourses from clearing and grading activities.  Plans are
approved based on the adequacy of the measures to minimize
erosion and keep sediment on-site.  The plan must utilize existing
contours and consider the preservation of natural vegetation and
sensitive features, including steep slopes, the State's designated
Critical Areas, and other landscapes.  These practices are
illustrated in 1991 Maryland Standards and Specifications for Soil
Erosion and Sediment Control, which is incorporated by reference
into State regulations.  

     Anne Arundel, Baltimore, Charles, Harford, and Prince
Georges Counties and Baltimore City implement Phase I municipal
NPDES permits that address these management measures.  These
jurisdictions are therefore excluded from implementing these
management measures under the coastal nonpoint program.

     C.   CONSTRUCTION SITE CHEMICAL CONTROL

FINDING:  Maryland's program includes management measures
for construction site chemical control in conformity with the
6217(g) guidance and includes enforceable policies and
mechanisms to ensure implementation throughout the 6217
management area.  Maryland has provided sufficient justification
for exclusion of the construction site chemical control management
measure in Anne Arundel, Baltimore, Charles, Harford, and Prince
Georges Counties and Baltimore City.

RATIONALE: Maryland's Oil Control Program (MD CODE
ANN ENVIR 4-401 - 4-418, MD REGS CODE 26.01.01 - .11)
addresses the storage and handling of petroleum products in
conformity with this management measure.  The erosion and
sediment control program (law and regulations) specifies allowable
fertilizer rates for vegetative stabilization of construction sites, and
pesticide applicators are licensed and must follow directions on the
label.  The Maryland Occupational Safety and Health
Administration (MOSH) Law requires employers to comply with
the federal "Hazardous Communication Standard" which requires
that employers provide information and training to employees on
the dangers of hazardous materials, and that those materials be
labeled.  Specifically, generally applicable precautions for safe
handling, use, clean up of spills and leaks, appropriate engineering
controls, and work practices are required (Hazard Communication
Guide (g)(2)(viii-ix)).  MOSH has conducted training specifically
targeting the construction industry.  They periodically conduct
inspections to determine compliance and take enforcement actions
as necessary.  The State's erosion and sediment control program
and the MOSH Law provide mechanisms for ensuring
implementation of the measure throughout the management area.

     Anne Arundel, Baltimore, Charles, Harford, and Prince
Georges Counties and Baltimore City implement Phase I municipal
NPDES permits that address this management measure.  These
jurisdictions are therefore excluded from implementing this
management measure under the coastal nonpoint program.

     D.   EXISTING DEVELOPMENT

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.  Maryland has
provided sufficient justification for exclusion of the existing
development management measure in Anne Arundel, Baltimore,
Charles, Harford, and Prince Georges Counties and Baltimore City.

RATIONALE:  The Stormwater Management Cost Share and
Water Pollution Control Fund programs (MD CODE ENVIR 9-
345 - 9-351, MD REGS CODE 26.03.06) allow the State to
prioritize watershed pollutant reduction opportunities by providing
financial assistance to localities for the installation of stormwater
BMPs and implementation of stormwater controls in existing urban
areas.  Municipalities with stormwater runoff problems from
existing development have used these State programs for
retrofitting.  Maryland uses a comprehensive evaluation process for
determining the annual distribution of capital funds for nonpoint
source pollution control projects.  The guidelines include: severity
of problem; quantity of pollutants being reduced; relative loading
rates for watershed; areal extent of protection of restoration effort;
potential for public education/outreach; readiness to proceed with
project; and cost effectiveness. 

     Anne Arundel, Baltimore, Charles, Harford, and Prince
Georges Counties and Baltimore City implement Phase I municipal
NPDES permits that address this management measure.  These
jurisdictions are therefore excluded from implementing this
management measures under the coastal nonpoint program.

     E.   NEW AND OPERATING ONSITE DISPOSAL
     SYSTEMS (OSDS)

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance, except it does not include
measures for (1) new OSDS near nitrogen-limited surface waters
and (2) the inspection of OSDS at a frequency to ascertain whether
OSDS are failing.  Maryland's program includes enforceable
policies and mechanisms to ensure implementation.

CONDITION:  Within three years, Maryland will include in its
program management measures for protection of nitrogen-limited
surface waters and inspection and maintenance of existing OSDS
in conformity with the 6217(g) guidance.

RATIONALE:    Maryland has a permitting program (MD CODE
ANN ENVIR 9-216 et seq., MD REGS CODE 26.04.02.01 -
.12, 26.04.03.01 - .03) for new and existing OSDS that is in
conformity with the 6217(g) guidance, except that the State does
not include measures to limit nitrogen loadings from new OSDS
near nitrogen-limited waters and does not include measures for
inspection and maintenance.  The State requires a four foot
separation distance between OSDS and the limiting zone, unless
the State determines the system will not contaminate ground water. 
Violators of the Sewage Disposal Code face misdemeanor charges. 
Maryland's program for managing new OSDS in areas near
nitrogen-limited waters consists of applying maximum
development densities, rather than OSDS design standards as
required by the management measure.  Maryland is also developing
a BMP manual which discusses construction and use of innovative
systems and is sponsoring two projects -- field sampling from 11
sites to estimate nitrogen loading from OSDS to surface waters,
and GIS modeling of the Patuxent River watershed to model
discharge of nitrogen from OSDS -- which will provide
information to help Maryland meet the measure.  NOAA and EPA
encourage Maryland to use the BMP manual and the results of the
technical projects in conjunction with the "Areas of Special
Concern" program mentioned in the program submittal to address
this element of the measure.  In Areas of Special Concern, OSDS
installation will be subject to a management plan which could
include specific design standards.

     There are regular inspection and maintenance programs for
many existing OSDS, including food service establishments, day
care centers, group homes, and those OSDS affecting shellfishing
waters.  Maryland surveys local governments on an annual basis to
develop a needs list for connecting communities with failing OSDS
to community sewage disposal systems.  The "Areas of Special
Concern" program under development will facilitate additional
inspections and help Maryland meet the measure.  

     F.   POLLUTION PREVENTION

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance.

RATIONALE:  Maryland's Urban Nutrient Management
Workgroup is developing a point-of-sale brochure explaining
proper fertilizer use and plans to work with professional grounds
managers to encourage proper operation and maintenance during
landscaping.  Other programs in the State that support pollution
prevention include recycling, proper disposal of pet waste, auto and
boat maintenance and the Adopt-a-Stream stewardship program.

G.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  Maryland's program includes management measures
for roads, highways, and bridges in conformity with the 6217(g)
guidance.  Maryland's program includes enforceable policies and
mechanisms to ensure implementation.  Maryland has provided
sufficient justification for exclusion of the roads, highways, and
bridges management measures for those elements of the State's
highway system covered under the Maryland Department of
Transportation's NPDES permit, since all locations and activities
covered under the NPDES program are excluded from state
Coastal Nonpoint Programs..

RATIONALE:  Maryland has a comprehensive program to
address the planning, siting, and design, bridge, and construction
management measures.  Maryland's Economic Growth, Resource
Protection, and Planning Act (Chapter 437 of the Acts of 1992)
requires advance planning for roads, highways and bridges which
includes consideration of a variety of  environmental protections,
including water quality, for both State and local roads.  The
Nontidal Wetlands Protection Act and Tidal Wetlands Act (MD
CODE ANN NAT RES 8-1201 - 8-1211, 9-101 - 9-501) require
special permits, buffers and comprehensive watershed plans for
wetlands.  Impervious area limits and mitigation for tidal wetlands
are also required, in accordance with the Tidal Wetlands Act. 
Stream and floodplain regulations (MD CODE ANN NAT RES
8-803 - 8-814, MD REGS CODE 8.08.05.03) address
hydrologic considerations for bridges.  Maryland's Stormwater
Management Law (MD CODE ANN ENVIR. 4-201 - 4-208)
requires stormwater management plans and consideration of
downstream effects prior to approval of grading and building
permits.  The Sediment Law and Erosion and Sediment Control
Regulations (MD CODE ANN ENVIR 4-201 - 4-208, MD
REGS CODE 26.09.02.01 - .10) require implementation of an
erosion and sediment control plan to protect streams and other
watercourses from clearing and grading activities.  All of these
regulations and codes contain provisions for inspections, fines, and
stop work orders.  State Highway Administration (SHA) contract
specifications and SHA/MDE inspections provide mechanisms to
enforce the erosion and sediment control program.  The Maryland
Occupational Safety and Health Law requires employers to comply
with the federal "Hazardous Communication Standard" which
requires that employers provide information and training to
employees on the dangers of hazardous materials, and that those
materials be labeled.  Specifically, generally applicable precautions
for safe handling, use, clean up of spills and leaks, appropriate
engineering controls, and work practices are required (Hazard
Communication Guide (g)(2)(viii-ix)).

     Maryland's program for operation and maintenance requires
salt storage to be covered, salt spreaders to be calibrated, litter pick
up, proper maintenance of roadside vegetation, and pesticide
minimization.  MDE reviews local programs annually to evaluate
their use of identified maintenance practices.

     Maryland's Stormwater Management Cost-Share Program
provides financial assistance to local governments to install
stormwater BMP's in existing urban areas.  Using this program
with the required reviews by MDE (of all road improvement
projects) to identify retrofit opportunities is innovative. We
encourage the State to expand these programs by identifying and
prioritizing retrofit opportunities in efforts similar to those used by
the State in its Anacostia Watershed retrofit approach.  We also
recommend that the State use its inspection and maintenance
authority under the Stormwater Management Regulations to
identify potential improvements with necessary repairs to runoff
structures.

V.   MARINAS AND RECREATIONAL BOATING

     A.   SITING AND DESIGN AND SOLID WASTE

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.

RATIONALE:  Applications for new and expanding marinas are
made to MDE and are subject to permit requirements of the Tidal
Wetlands Act and regulations (MD CODE ANN NAT RES 9-101
- 9-501, MD REGS CODE 08.05.05.01 - .10).  These
comprehensive requirements are in conformity with the marina
siting and design management measures.  MDE issues and can
revoke or suspend licenses or permits if compliance with
conditions are not met.  Maryland requires marinas with hull
maintenance and repair facilities and fueling service to have
NPDES stormwater permits; therefore those marinas are excluded
from the coastal nonpoint program.  A 1994 law requires all new
and expanding marinas of more than 10 slips and all existing
marinas of more than 50 slips to install adequate pumpout facilities
(MD CODE. ANN. ENVIR. 9-333).

     In concert with the wetlands permitting program, MDE
actively uses section 401 water quality certification as a
management tool to condition permit approval for all new and
expanding marinas.  State tidal wetlands permits include
conditions that all work be performed in accordance with the 401
certification.  Specific review guidelines are included in the Section
401 Water Quality Certification - Marina Assessment Guidelines. 
Conditions MDE places on applicants for certification include
providing for sanitary facilities and pumpout systems; locating
trash and garbage containers at marinas; containing residues from
bottom scraping, painting, or other discharges and spills associated
with boat maintenance; and restricting boat maintenance at
individual slips to those activities which can be performed without
materials entering the waterway.  MDE also issues general oil
operation permits which require spill prevention and control,
disposal of used oil, and proper storage and handling of petroleum
products in strict compliance with Maryland's Oil Control
Regulations (MD REGS CODE 26.10.01 - .11).




     B.   MARINA AND BOAT OPERATION AND
     MAINTENANCE

FINDING: Maryland's program includes management measures
for fish waste, liquid material, petroleum control, and boat cleaning
in conformity with the 6217(g) guidance.  The State has identified
back-up enforceable policies and mechanisms for implementing
the fish waste, liquid material, petroleum control, and boat
cleaning management measures but has not yet demonstrated its
ability to ensure implementation throughout the 6217 management
area, i.e., at existing marinas not covered by the general NPDES
permit.  Maryland's program includes management measures for
the management of sewage facilities and boat operation in
conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.

CONDITION: Within one year, Maryland will develop a strategy
(in accordance with Section XIV, page 18) to implement the fish
waste, liquid material, petroleum control, and boat cleaning
management measures throughout the 6217 management area.

RATIONALE:  Maryland's tidal wetlands permitting program
and use of section 401 Water Quality Certification provide for
implementation of the measures at new or expanding marinas (tidal
wetlands permits contain a condition requiring that all work be
performed in accordance with the section 401 certification).  
Maryland requires marinas with hull maintenance and repair
facilities and fueling service to have NPDES stormwater permits;
therefore those marinas are excluded from the coastal nonpoint
program.  However, beyond general back-up authorities, there are
not enforceable policies and mechanisms to ensure implementation
of the measures at the remaining existing marinas throughout the
management area.

     The Maryland DNR is preparing a "Clean Marinas"
initiative that includes practices in conformity with the measures. 
Maryland will produce and distribute a brochure to the public and a
more detailed manual to marina operators that discuss specific
practices that may be used to meet the management measures. 
Maryland is developing a "clean marina" and "clean boat" logo
that will be awarded to marinas and boaters that are implementing
all required activities and a high percentage of the voluntary
management practices.  Only qualified marinas will be allowed to
display the logo and verification may be conducted through an
inspection or self-certification process.  This initiative will be
accompanied by an extensive public outreach campaign.  MD
CODE ANN ENVIR 9-322, which prohibits discharging any
pollutant into the waters of the State, and MD CODE ANN.
ENVIR. 9-323, which provides Maryland with the authority to
require a discharge permit for any operation that could cause or
increase the discharge of pollutants into the waters of the State,
have been identified as back-up authorities for the fish waste,
liquid material, and boat cleaning management measures.

     For the petroleum control management measure, Maryland
is developing educational exhibits and brochures that will meet the
measure.  Maryland's Oil Control program (MD CODE ANN.
ENVIR. 4-401 - 4.418, MD REGS CODE 26.10.01 - .11)
includes a self-implementing regulation that places all oil handling
facilities with capacities of less than 50,000 gallons under a
General Oil Operations Permit, which includes spill prevention and
spill control requirements.  Those that spill petroleum products
have the "...responsibility for the prompt control, containment, and
removal of any spilled oil."  This provides back-up authority to
implement the measure.

     For the boat operation management measure, the Boating
Administration's authorities, described on page 139 of the program
submittal, provide the ability to ensure implementation of the
management measure.  The Waterway Improvement Fund (MD
CODE ANN. NAT. RES. 8-707) establishes a funding source for
waterway improvements, including shore erosion control projects.

     The maintenance of sewage facilities management measure
is implemented through the requirement that all recipients of
funding for installation of a pumpout must sign a maintenance and
operation agreement.

VI.       HYDROMODIFICATION

FINDINGS:  Maryland's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation.

RATIONALE:  Maryland requires permits for both new
channelization activities and modification of existing channels
through the Stream and Floodplain/Waterway Construction
Regulations (MD REGS. CODE tit. 8 08.05.03).  Permit
applications for new projects are reviewed for impacts on flood
patterns, erosion of adjacent streambanks, habitat, movement of
fish, and other aquatic resources, including wetlands.  Detailed
hydrologic and hydraulic studies are frequently required for
proposed projects.  Practices such as vegetative stabilization of
channels are required as conditions of permits for new
channelization.  The State has cost-share and grant programs, such
as the Small Creeks and Estuary Restoration Cost Share Program,
dedicated to restoration of waterways which identify opportunities
to improve surface water quality and habitat in existing channels. 
The State's program for drainage ditches in agricultural areas also
identifies opportunities for improvement of conditions in channels,
and includes these in operation and maintenance plans.

     Maryland implements management measures for erosion
and sediment control at dams by requiring Sedimentation Control
Plans for activities involving construction of new dams and repair
of existing dams (MD. CODE ANN. 4-101 - 4-109).  The
Maryland Occupational Safety and Health Law requires employers
to comply with the federal "Hazardous Communication Standard"
which requires that employers provide information and training to
employees on the dangers of hazardous materials, and that those
materials be labeled.  Specifically, generally applicable precautions
for safe handling, use, clean up of spills and leaks, appropriate
engineering controls, and work practices are required (Hazard
Communication Guide (g)(2)(viii-ix)).

     Maryland implements management measures for protection
of surface water quality and habitat from the effects of dam
operation by adding conditions to permits for dam construction and
repair which stipulate temperature and release rates, ensure fish
passage, and require plans for operation and maintenance
(Appropriation or Use of Waters, Reservoirs, and Dams; MD
CODE ANN. NAT. RES. 8-801 - 8-814)

     Maryland requires permits for projects involving
streambank and shoreline stabilization (Stream and
Floodplain/Waterway Construction Regulations), and the State
encourages proper design of structures while giving preference to
vegetative controls (Shore Erosion Control Law MD CODE ANN
NAT. RES. 8-1001 - 8-1008, 9-217).   Management measures
to protect shoreline and streambank features with the potential to
reduce nonpoint source pollution are implemented through the
State's stream and floodplain regulations, which ensure that new
construction in waters of the State will not contribute to flooding or
streambank erosion elsewhere along the stream channel. 
Restrictions on development in waterfront areas containing
existing woodland buffers, and stormwater management
regulations also help to implement measures to protect shoreline
features with the potential to reduce nonpoint source pollution, and
to protect shorelines and streambanks from erosion due to uses of
the adjacent lands.  Comprehensive Vessel Management Plans
have been developed for three river systems in the State.  By
offering financial assistance to property owners with shoreline and
streambank erosion problems, and prioritizing projects on the basis
of sediment and erosion rates, the State helps to identify and
implement solutions to existing nonpoint source problems caused
by streambank or shoreline erosion that do not come up for review
under existing permit authorities.  The State also initiates riparian
and streambank restoration through cost-share and grant programs
dedicated to restoration of waterways.

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED
     TREATMENT SYSTEMS

FINDING:  Maryland's program includes management measures
in conformity with the 6217(g) guidance, and includes enforceable
policies and mechanisms to ensure implementation.

RATIONALE:  Maryland requires a permit for dredging or filling
activities in wetlands (Nontidal Wetlands Protection Act MD
CODE ANN. NAT. RES. 8-1201 - 8-1211; Tidal Wetlands Act
MD CODE ANN. NAT. RES. 9-101 - 9-603).  Permit
applications for new projects are reviewed for their effects on
ecological and aesthetic values of wetlands. The Nontidal
Wetlands Protection Act provides for the development of Nontidal
Wetlands Watershed Management Plans, enabling the State to
address new activities outside of wetlands which have the potential
to impact wetlands.  State agencies also routinely interact with
those local governments having the ability to protect nontidal
wetlands during the subdivision review process.

     Management measures promoting restoration of wetland
and riparian areas are implemented through the State's wetlands
program which requires restoration for mitigation of wetlands loss
or degradation.  The State also has cost-share programs dedicated
to restoring small creeks and wetlands, and grant programs which
provide financial assistance to landowners who plan and maintain
forest buffers, particularly in floodplains.

     Management measures promoting vegetative treatment
systems are implemented through the State's wetlands program,
which undertakes mitigation projects that include BMP's such as
constructed wetlands and filter strips for pretreatment of runoff
from upland areas.  The State's stormwater management program
also encourages the use of wet retention ponds to control and treat
stormwater runoff.  The State also encourages design and
installation of vegetated treatment systems in its cost-share
programs dedicated to restoring degraded streams. 




          VIII.     ADMINISTRATIVE COORDINATION

FINDING:  Maryland's program contains mechanisms to ensure
coordination among State agencies and between State and local
officials.

RATIONALE:  Maryland proposes to implement the coastal
nonpoint program using the same networked approach that the
State uses to implement its coastal zone management program. 
The roles and responsibilities of networked agencies are spelled
out in Memoranda of Understanding (MOUs) signed between the
Department of Natural Resources (DNR), the lead agency, and
other agencies, including the Office of Planning and Departments
of the Environment and Agriculture.  However, the MOUs are out
of date and need to be revised.  NOAA and EPA encourage
Maryland to revise the MOUs to reflect new responsibilities for
implementing the coastal nonpoint program.  Coordination
between the coastal zone management and 319 programs is
maintained through an interagency team which reviews funding
applications and by virtue of the fact that the Coastal Zone
Management Division of the DNR implements both programs. 
Maryland ensures adequate coordination between State and local
officials through such mechanisms as State oversight of locally
implemented programs, and DNR's technical assistance to local
governments.

IX.  PUBLIC PARTICIPATION

FINDING:  Maryland's program provides opportunities for public
participation in the development and implementation of the coastal
nonpoint program.

RATIONALE: The program submittal describes several activities
that provide opportunities for public participation in the coastal
nonpoint program during the development and implementation
phases.  These opportunities include numerous presentations and
briefings to diverse groups, and forming subcommittees in two
public advisory groups, the Coastal and Watershed Resources
Advisory Committee (CWRAC) and the State Water Quality
Advisory Committee (SWQAC).

     Continued public involvement in the implementation of the
coastal nonpoint program will be conducted through CWRAC and
SWQAC and the ten tributary implementation teams responsible
for tracking the progress of the Chesapeake Bay tributary
strategies.

X.  TECHNICAL ASSISTANCE

FINDING:  Maryland has included programs that will provide
technical assistance to local governments and the public for
implementing additional management measures.

RATIONALE:  Maryland has proposed the Chesapeake Bay
Critical Area Protection Criteria as its only additional management
measures.  Maryland currently implements an extensive technical
assistance effort with this program.  The Critical Area Commission
reviews nearly 700 local development projects annually to ensure
compliance with the Critical Area Act.  The Commission also
provides assistance and funding to local jurisdictions and funds
three "circuit riders" from the Maryland Office of Planning to
assist small municipalities.


XI.  ADDITIONAL MANAGEMENT MEASURES

FINDING:  Maryland's program provides for implementation and
continuing revision of additional management measures applicable
to critical coastal areas and cases where (g) measures are fully
implemented but water quality threats or impairments persist.  

RATIONALE:  Maryland has identified the Chesapeake Bay
Critical Area Criteria as additional management measures to be
applied to land uses within the Chesapeake Bay Critical Area -
1,000 feet of upland bordering the Bay and its tidal tributaries and
wetlands.  Maryland has also identified a process to select
additional measures, if needed.  The process is tied to the
Chesapeake Bay tributary strategy implementation; if a 1997
evaluation finds that the strategies are not meeting their goals,
additional measures will be initiated.

     However, neither of these programs includes the Coastal
Bays watershed.  The program document mentions that a planner is
working in the Coastal Bays watershed to identify agricultural-
related pollution problems there.  NOAA and EPA recommend that
Maryland consider additional management measures to apply to the
Coastal Bays and work to integrate the Coastal Nonpoint Program
with the Coastal Bays National Estuary Program (NEP).

XII.  CRITICAL COASTAL AREAS

FINDING:  Maryland's program identifies a process for the
continuing identification of critical coastal areas adjacent to
impaired and threatened coastal waters.

RATIONALE:  Maryland has identified the Chesapeake Bay as
the State's critical
coastal area.  All land within 1,000 feet of the Bay and its tidal
tributaries and wetlands is included in the Chesapeake Bay Critical
Area Protection Program.  The Critical Area Criteria require
localities to classify this land as Intensely Developed Areas,
Limited Development Areas, or Resource Conservation Areas. 
Localities may reclassify this land subject to an overall growth
allocation.

     NOAA and EPA encourage Maryland to include the
Coastal Bays as a critical coastal area.  The Coastal Bays have been
selected as a NEP site, so a clear opportunity exists to develop
nonpoint source control programs for the region.

          XIII.     MONITORING

FINDING:  Maryland's program includes a plan to assess over
time the success of the management measures in reducing pollution
loads and improving water quality.

RATIONALE:  Maryland provides an overview of its numerous
monitoring programs.  The State submitted additional information
to NOAA and EPA subsequent to the program submittal which
describes how these programs or parts of these programs will be
applied to assess over time whether the management measures are
reducing pollution loads and improving water quality.  Maryland
has an extensive assemblage of water quality monitoring programs
addressing chemical, physical, biological, and habitat conditions in
surface water samples and chemical and physical conditions in
ground water samples.  The edge-of-field monitoring component of
the Targeted Watershed Program (p. 171), the Warner Creek study
(p. 172), the network of 380 stations (p. 172), the Big Pipe/Double
Pipe Creeks study (p. 173), the Patuxent River, and Chesapeake
Bay monitoring programs (p. 173) should be adaptable to the needs
of section 6217.  Maryland states its intent to evaluate the benefits
of various management practices (p. 171), refers generally to an
evaluation of management measure benefits in Big Pipe/Double
Pipe Creeks (p. 173), and has efforts underway to track pesticide
use and land use (p. 175).

     Maryland has included information regarding the number
and location of monitoring stations, the types and frequency of
water quality data being collected, 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.  The State has included tracking of management
measure implementation in conjunction with water quality
monitoring. 

     XIV. STRATEGY AND EVALUATION OF BACKUP
     AUTHORITIES

     Within one year, Maryland will develop a strategy to
implement the agricultural measures (confined animal facilities,
nutrient management, pesticide management, and grazing) and a
strategy to implement the marina and boat operation and
maintenance measures (fish waste, liquid material, petroleum
control, and boat cleaning) throughout the 6217 management area. 
These strategies will include a description and schedule for the
specific steps the State will take to ensure implementation of the
management measures; 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 implementation of
the management measure using the described approach.

     Maryland will also develop and apply credible survey tools
to demonstrate the ability of the State's approach to achieve
implementation of these management measures.  The use of
credible assessment techniques is necessary in order for NOAA
and EPA to evaluate after three years whether the State's approach
has been successful or whether new, more specific authorities will
be needed.