FINDINGS FOR THE
       MAINE COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of
Maine pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the Maine Coastal Nonpoint Pollution
Control Program, July 1995 and supplemental material provided
by Maine 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 Maine 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 Maine 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 Maine's
program.  It also provides the rationale for the findings and
includes conditions that will need to be met for Maine 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 Maine Coastal
Nonpoint Pollution Control Program, July 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 Maine 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: Dov Weitman (202/260-7085)

NOAA/Office of Ocean and Coastal Resource Management
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD 20910
Contact: Joelle Gore (301/713-3117, ext. 177)

U.S.  EPA, Region I
Office of Ecosystem Protection
Maine State Unit, JFK Federal Building
Boston, MA  02203
Contact: Sandra Fancieullo (617/565-4426)
I.  BOUNDARY

FINDING:  Maine's proposed 6217 management area excludes
existing land and water uses that have or are reasonably expected
to have a significant impact on the coastal waters of the State. 

CONDITION: Within one year, the Maine State Planning Office,
Department of Environmental Protection, United States
Environmental Protection Agency, National Oceanic and
Atmospheric Administration, and other relevant State, local and
Federal agencies will participate in a cooperative process to review
relevant information and determine an appropriate 6217
management area boundary to protect the State's coastal waters
from nonpoint source pollution.

Maine'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:  Maine proposes to include in its 6217
management area all towns that have land areas that drain directly
to coastal waters.  These are defined by the State to mean those
land areas that drain to waters downstream of lakes that flush less
than 50 times per year or drain to the "major" rivers at or below
specific locations listed by the State.  Maine proposes to exclude
all other areas from its coastal nonpoint program.

Maine has not provided sufficient detail on the location of its
proposed boundary to enable NOAA and EPA to fully analyze the
relationship between land and water uses and coastal waters as
described in the March 16, 1995 guidance entitled Flexibility for
State Coastal Nonpoint Programs.  For example,  the State has not
identified by name the lakes which are included or excluded from
the proposed 6217 management area based on the State's criteria. 
NOAA and EPA have identified lakes within both the general area
of Maine's proposed boundary and the NOAA recommended
boundary that are impaired, but are unable to determine whether
these lakes are proposed for exclusion under the State's proposal.

With regard to the criteria used by Maine to define its boundary,
the State has not provided any data to indicate the extent to which
pollutants are or may be retained by lakes in Maine's coastal area. 
While the submittal cites three studies to support the State's
argument and states that data show low levels of phosphorus,
nitrogen and coliform bacteria at the outlets of lakes, the State has
not submitted the studies or data to EPA and NOAA.  The
submittal does not provide information or analysis to support the
position that lakes that are flushed less than 50 times per year will
not adversely affect downstream waters.  Further, while Maine
suggests that pollutant attenuation may alter the impact of any
upstream pollutants on Maine's coastal waters, the submittal does
not include data to indicate the extent to which such attenuation
occurs in its waters and acknowledges that it is not known how far
along Maine's rivers pollutants must travel before becoming fully
attenuated. 

II.  AGRICULTURE 

FINDING:  Maine's program includes management measures in
conformity with the 6217(g) guidance, except for the measures for
confined animal facilities.  Maine has identified back-up
enforceable authorities but has not demonstrated the ability of the
authorities to ensure implementation throughout the 6217
management area.  Maine has provided sufficient justification for
an exclusion of irrigated agricultural lands from the irrigation
management measure.

CONDITIONS:  Within one year, Maine will include in its
program management measures for confined animal facilities in
conformity with the 6217(g) guidance.  Within one year, the State
will develop a strategy (in accordance with Section XIV, page 18)
to implement the agricultural management measures throughout
the 6217 management area.
 
RATIONALE:  Maine has proposed to implement the section
6217(g) management measures, with the exception of the irrigation
management measure, using existing programs and authorities. 
Practices are specified for manure management in Maine's
"Strategy for Managing Nonpoint Source Pollution from
Agricultural Sources and Best Management System Guidelines."  
However, the practices for collection, storage, and treatment of
facility wastewater and runoff from confined animal facilities are
set forth too generally to inform the reader or user how they are to
be used to achieve the management measure.  For example,
Maine's guidelines do not specify that systems should have
sufficient storage capacity to handle a 25-year, 24-hour storm, as
called for by the measure for large facilities.  In addition, the State
expresses concern regarding the technical feasibility of storing
animal waste and runoff over winter at some sites, suggesting that
it will in those cases apply to larger facilities the less stringent
measure designed for small facilities.  Finally, NOAA and EPA
suggest that Maine should include in its program a list of practices,
including their standards and specifications, that it will implement
to achieve the management measures for confined animal facilities. 

Existing programs for agriculture in Maine are largely voluntary,
but the State has specific authority to control the distribution and
application of limited and restricted use  pesticides under its
Pesticide Control Act (7 MRSA Section 601 et seq) and has
guidelines (minimum requirements for municipal shoreland
ordinances, which are mandatory) for tilling, manure spreading,
storage and disposal, and grazing under the Mandatory Shoreland
Zoning Law (38 MRSA 435 et seq).  Cases involving improper
use of pesticides can be referred to the Board of Pesticide Control. 
The State has also identified its Nuisance Law (17 MRSA  2701
et seq) and its Waste Discharge Law (38 MRSA 411 et seq) as
back-up enforceable policies and mechanisms.  Maine has a two
tier approach to enforcement.  The first tier is a complaint-response
system under which all complaints regarding agriculture are
received and investigated by the Department of Agriculture, Food
and Rural Resources (DAFRR).  DAFRR recommends site-specific
BMPs to address water quality concerns, and farmers who
implement the BMPs are protected from nuisance liability.  If a
farmer does not comply with the BMPs, the case can be referred to
the Department of Environmental Protection (DEP) or the Attorney
General for the second tier of enforcement.  DEP has a back-up
authority to enforce BMPs under the Waste Discharge Law, which
prohibits the discharge of any pollutant into waters of the State. 
An exemption for agricultural erosion is granted to farmers who
prepare an erosion and sediment control plan approved by the DEP. 
Under DEP rules (06-096 CMR 516), these erosion and sediment
control plans address erosion control, proper animal waste
management, and fertilizer management.  However, the State
reports that only 1 farm in the State has an approved plan, despite
the fact that the rules became effective in 1981.  In addition,
enforcement actions cannot be taken if there are no federal or State
funds available to the farmer to cover at least half the cost of
implementing the plan.  In developing its implementation strategy,
Maine should the feasibility of increasing the number of approved
erosion and sedimentation plans to ensure that the applicable
management measures are addressed.

The Attorney General can require BMPs as a civil remedy in a
nuisance lawsuit under the Nuisance Law.  The site-specific
practices prescribed by the DAFRR under the Nuisance Law are
key to compliance with the management measures under that
program, but the State has not identified which BMPs will be used,
providing only that USDA technical guides will be applied.  Maine
is encouraged to describe in its implementation strategy how site-
specific remedies will be used to ensure implementation of all
applicable management measures on farms under the Nuisance
Law.

A key aspect of Maine's approach is the State's intent to use
existing authorities to implement the management measures in
priority watersheds identified by DEP.  The State should describe
in its strategy the criteria that will be used to identify priority areas,
and a schedule showing when implementation will occur
throughout the 6217 management area.

Maine reports that only 2.6% of cropland is irrigated in Maine. 
Within the proposed 6217 management area, the percentage is
2.0%.  The average acreage irrigated per farm is 11 acres.
While the use of irrigation in Maine is currently limited, NOAA
and EPA believe that agricultural irrigation can be an issue of
potential concern in specific coastal watersheds in Maine.  This
concern can arise where the increased use of irrigation results in
increased pesticide and nutrient loadings and significant decreases
in stream flows that may negatively impact coastal waters.  We
applaud Maine's efforts under the Governor's Atlantic Salmon
Task Force and appreciate the State's support of EPA New
England's Low Flow Initiative.  NOAA and EPA encourage the
State to monitor the growing use of agricultural irrigation in
Maine.  If expansion of this activity occurs so that it may impact
coastal waters, the exclusion of irrigation from the State's coastal
nonpoint program should be reconsidered.

III.  FORESTRY

FINDING:  Maine has not provided justification to support a
categorical exclusion of forestry from its coastal nonpoint program.

CONDITION:  Within three years, Maine will include in its
program management measures in conformity with the 6217 (g)
guidance and enforceable policies and mechanisms to ensure
implementation of the forestry management measures throughout
the 6217 management area.

RATIONALE:  Forestry is a major land use in Maine, including
in the coastal watersheds.  Over 90% of forested land in Maine is
in private ownership.  Timber harvesting is increasing somewhat
statewide, however,  there is a trend toward more selective cutting.  
Most harvesting operations occur on parcels of 5,000 acres or
more; approximately 25% occur on parcels of 100 or less acres. 

In its Section 305(b) reports, estuary profile series, and 319
nonpoint source assessment, Maine has identified at least seven
waterbodies within its coastal boundary that are impaired by
forestry activities.  These include six lakes and ponds located in
river basins that enter tidewater (Nash Lake, Damariscotta Lake,
Nequasset Pond, Bottle Lake, Keg Lake, and Lombard Lake),
which total 6084 acres.  In addition, at least three estuaries (St.
George River Estuary, Machias River Estuary, and Dennys River
Estuary) and the North Perry/Cutler Harbor have been reported as
threatened by forestry activities.  Impacts include organic
enrichment, dissolved oxygen, temperature, nutrients, and
herbicides.   Within the larger 6217 management area
recommended by NOAA, Maine has identified 26,240 acres of
State lakes that are impaired by forestry.

The State's Forest Practices Act provides a sound basis for the
implementation of the management measures throughout the 6217
management area.  NOAA and EPA wish to engage in a
cooperative process with the State to determine an appropriate
means to address forestry operations in Maine's Section 6217
program.

                              IV.  URBAN                    

A.  NEW DEVELOPMENT

FINDING:  Maine has submitted an alternative management
measure to meet the new development management measure, but
has not demonstrated that the alternative measure is as effective as
the management measure in the 6217 (g) guidance.  The State has
identified enforceable policies and mechanisms to ensure
implementation of the alternative management measure in a
portion of the 6217 management area, and has identified a backup
enforceable authority for remaining areas, but has not
demonstrated the ability of the latter authority to ensure
implementation throughout the 6217 management area.  The State
has provided justification for exclusion of the unorganized
territories from the general application of the new development
management measure.

CONDITION: Within three years, the State of Maine will
demonstrate that the alternative management measure for new
development is as effective as the measure set forth in the (g)
guidance, or will include in its program management measures for
new development in conformity with the (g) guidance.  Within one
year, the State will develop a strategy (in accordance with Section
XIV, page 18) to implement the new development management
measure throughout the 6217 management area.    

RATIONALE:  Under the Mandatory Shoreland Zoning Act ,
new development and construction in the shoreland zone (38
MRSA section 435) in municipalities is designed to minimize
stormwater runoff in excess of natural predevelopment conditions. 
Under the Site Location of Development Law (38 MRSA  481 et
seq.), a State permit is required for a range of activities, including
projects involving construction of a structure that occupies an area
greater than three acres.   Per the State, the jurisdiction under the
Site Location of Development law extends to unorganized
territories but often is not exercised in these areas.  Permits under
the existing Site Location of Development Law require, under DEP
rules, an approved storm water management plan with a storm
water management system that must infiltrate, detain or retain the
peak runoff flow of a 25-year, 24-hour storm at pre-development
levels. 

Recently, the State adopted the 1996 Site Law Reform (effective
July 1997), which requires stormwater management for sites
exceeding 20,000 square feet of impervious area or 5 acres or more
of disturbed area in the direct watershed of a water body most at
risk from new development or one acre or more of impervious area
or five or more acres of disturbed area in a sensitive or threatened
geographic region or watershed (areas, established by rule, e.g.,
that provide public water supplies or have documented pollution
problems).  The permit would provide approval of runoff control
measures for stormwater management. Towns with the capacity to
review stormwater permits would be exempt from the 1996 Site
Law Reform, but in cases where municipalities are not able to do
so, or for projects of a State or Regional significance, the State
would retain review of projects.  

The State has identified the Water Pollution Control Law (38
MRSA  411 et seq), also known as the Waste Discharge Law,
which requires a license from DEP for any direct or indirect
discharge of any pollutant, as a backup enforceable policy and
mechanism for projects and areas not covered under the
jurisdiction of the above authorities.

In implementing this management measure, the State proposes an
alternative approach through its new Stormwater Rules that has
different requirements, depending on the size and location of the
development.  The rules identify places where the requirements
apply and the standards to be met.  In general, projects in lake
watersheds "most at risk" from development must control
stormwater quantity and quality, meeting either a phosphorus
allocation standard or an 80% TSS removal standard.  Projects in
other lake watersheds must use a prescribed set of soil stabilization
methods.  In coastal watersheds "most at risk," projects must
control stormwater quality to meet a sliding scale TSS removal
standard based on the amount of new impervious area created.  The
maximum removal rate requirement of 80% would apply only to
100% impervious sites.  However, Maine has not demonstrated
that this approach will be as effective in controlling runoff as the
(g) management measure.  

The State has proposed excluding the New Development,
Watershed Protection, Site Development, Construction Site
Erosion and Sediment Control, Construction Site Chemical
Control, Existing Development, and Roads, Highways and Bridges
management measures from application to the unorganized
territories.   The State bases its proposal on the sparse population in
the coastal unorganized territories  (1990 population of 2,088 - an
increase of 400 people since 1970) and associated limited growth
(114 new or converted homes between 1980 and 1990).  While
seasonal home development is projected to increase in the 1990's
(2600 - 3000 homes), only 6% of this increase is projected in the
coastal areas.

Under the Natural Resources Protection Act (38 MRSA 480-A et
seq.), most land disturbing activities in or adjacent to (within 100
feet of) protected natural resources, including coastal wetlands and
sand dunes, must receive a permit from the DEP.   In order to
receive a permit, the proposed activity must not, among other
considerations, violate a state water quality standard.  Under the
Land Use Regulation in Unorganized Territories (12 MRSA 681 et
seq.), the Land Use Regulation Commission established Shoreland
Protection Districts defined, in part, as an area extending 250 feet
from tidal waters.  Within these districts, permitted land uses
require a permit from the Commission and must meet Commission
standards.  The combination of these existing authorities allow the
State to manage development in the unorganized territories likely
to have a significant impact on coastal waters.

B.  WATERSHED PROTECTION AND EXISTING
DEVELOPMENT

FINDING: Maine's program includes management measures in
conformity with the 6217(g) guidance except that the program does
not include provisions to ensure that development is sited to
protect water bodies and natural drainage systems for the
watershed protection management measure and does not address
elements #1 and #2 of the existing development management
measure.  Maine's program includes enforceable policies and
mechanisms to ensure implementation throughout the 6217
management area.  The State has provided sufficient justification
for exclusion of the unorganized territories from the general
application of the watershed protection and existing development
management measures.

CONDITION: Within two years, Maine will include in its
program management measures in conformity with the 6217(g)
guidance for the watershed protection management measure to
ensure that development is sited to protect water bodies and natural
drainage systems, and to address elements #1 and #2 of the
existing development management measure with the exception of
those excluded areas of the unorganized territories. (See discussion
under the New Development management measure.)

RATIONALE: The program submittal describes several programs
in Maine that together may be used to implement these
management measures.  These include the Natural Resources
Protection Act, the Mandatory Shoreland Zoning Law, the Site
Location of Development Law,  the Growth Management Program
(30-A MRSA  4311 et seq), the Erosion and Sedimentation
Control Law (38 MRSA sec. 420-C), and the Nonpoint Source
Pollution Program (38 MRSA 410-H et seq.).  

The Natural Resources Protection Act (38 MRSA  480-A et seq.)
directs development away from protected resources (including
coastal and freshwater wetlands, significant wildlife habitat, great
ponds or rivers, and streams or brooks), and imposes standards on
activity in or adjacent to these resources in the form of permits. 
For some activities, the regulations implementing the Natural
Resources Protection Act use a "permit-by rule" (general permit)
approach which states that BMPs should be followed to meet the
standards (06-096 CMR 305).  The Mandatory Shoreland Zoning
Law requires municipalities to protect shoreland areas.

The Site Location of Development Law permits apply to sites
greater than 3 acres outside the shoreland zone.  For sites falling
below the Site Location of Development Law cut-off and located
outside the Mandatory Shoreland Zoning area, the watershed
management measure may be, but is currently not required to be,
implemented by those municipalities that choose to rely on the
Growth Management Program.  A goal of the Growth Management
Program is to implement watershed management by municipal
natural resources inventories and implementation plans with
regional and municipal coordination.  The 1996 Site Law Reform
expands implementation of these measures, yet alone does not
ensure implementation of the full watershed protection
management measure throughout the 6217 management area.

The program submittal mentions State and regional efforts related
to watershed planning including the Damariscotta River and
Sebago Lake watershed.  NOAA and EPA support these efforts,
but based on the limited information in the program submittal,
cannot conclude that these efforts represent a watershed protection
program that will provide the framework throughout the 6217
management area to ensure that development is sited so as to
protect waterbodies and natural drainage systems.  NOAA and
EPA encourage the State to continue these efforts and to use
experience from these projects to further develop practices that will
implement all of the elements of the management measure for
watershed protection.

The Nonpoint Source Pollution Program (38 MRSA  410-I et
seq.) provides a mechanism for State agencies to cooperate in
identifying priority watersheds for preventing or reducing pollution
generated by nonpoint sources.  In addition,  Maine's submittal
includes proposed activities, including completion of a retrofit
priority project which was scheduled to begin in 1995 and which,
if completed, could address elements #1 and #2 of the existing
development management measures. 

C.  SITE DEVELOPMENT, CONSTRUCTION SITE
EROSION AND SEDIMENT             CONTROL, and
CONSTRUCTION SITE CHEMICAL CONTROL  

FINDING: Maine's program includes management measures in
conformity with the 6217(g) guidance, except the program does
not include management measures for construction site chemical
control.  The State has identified enforceable policies and
mechanisms to ensure implementation in a portion of the 6217
management area, and has identified a backup enforceable
authority for remaining areas but has not demonstrated the ability
of the authority to ensure implementation throughout the 6217
management area.  The State has provided sufficient justification
for exclusion of the unorganized territories from the general
application of the site development, construction site erosion and
sediment control, and construction site chemical control
management measures.  (See discussion under the New
Development management measure.)

CONDITION:   Within two years, the State will include in its
program management measures for construction site chemical
control in conformity with the 6217 (g) guidance.  Within one year,
the State will develop a strategy (in accordance with Section XIV,
page 18) to implement the site development, construction site
erosion and sediment control, and construction site chemical
control measures throughout the 6217 management area with the
exception of those excluded areas of the unorganized territories.

RATIONALE: Maine's program addresses the components of the
site development management measure.  The Natural Resources
Protection Act  directs development away from protected
resources, and imposes standards on activity in or adjacent to those
resources in the form of permits.  Under the Mandatory Shoreland
Zoning Act, development in the shoreland zone in municipalities
must limit land disturbance, protect natural drainage features, and
be sited so as to avoid severe erosion, improper drainage,  and
water pollution.   Larger development subject to the Site Location
of Development Law must take measures to prevent unreasonable
alteration of natural drainage ways, and avoid unsuitable soil types
and steep slopes. 

The Maine Erosion and Sediment Control Handbook for
Construction: Best Management Practices contains practices in
conformity with the construction site erosion and sediment control
management measure.  The NRPA permit application requires
identification of erosion control measures in conformity with the
erosion and sediment control manual.  Erosion and sediment
control plans are also required for development pursuant to the
Mandatory Shoreline Zoning Act and the Site Location of
Development Law.   

The Natural Resources Protection Act provides authority to require
nutrient and chemical handling standards, as well as specify
fertilizer application rates, within areas adjacent to protected
resources. In addition, Maine has the ability to ensure that the
pesticide aspects of the measure are implemented through the State
Pesticide Control Laws (22 MRSA  1471-a et seq.; 7MRSA 601
et seq.).  Action can also be taken in cases where a water quality
standard, under the Water Pollution Control Law, has been violated
due to discharge or spill of mercury or toxic or hazardous
substances.  However, these various authorities do not provide for
specific practices in conformity with the construction site chemical
control measures to be uniformly applied to construction projects
throughout the 6217 management area.

NOAA and EPA suggest that the State consider a revision to the
Maine Erosion and Sediment Control Handbook for Construction:
Best Management Practices to include construction site chemical
management practices as a vehicle to promote consistent
application of the construction site chemical control measure.

For development not under the jurisdiction of the laws discussed
above, the State has identified the Water Pollution Control Law (38
MRSA  413(1)) as a backup enforceable authority, but has not
demonstrated the ability of the authority to ensure implementation
throughout the 6217 management area.

D.  NEW and OPERATING DISPOSAL SYSTEMS (OSDS)

FINDING: Maine's program includes management measures in
conformity with the 6217(g) guidance, except it does not provide
for (1) establishment of adequate protective separation distances
between OSDS and ground water for new OSDS; (2) a program to
inspect existing OSDS at a frequency to ascertain whether they are
failing; and, (3) denitrifying systems where nitrogen limited
surface waters may be adversely affected by excess nitrogen
loadings from OSDS.  Maine includes enforceable policies and
mechanisms to ensure implementation of the management
measures.

CONDITION:  Within two years, Maine will include in its
program management measures in conformity with the (g)
guidance to provide for (1) establishment of adequate protective
separation distances between OSDS and ground water for new
OSDS; (2) a program for the inspection of operating OSDS; and,
(3) denitrifying systems where nitrogen limited surface waters may
be adversely affected by excess nitrogen loadings from OSDS.

RATIONALE:  Maine has a comprehensive regulatory program
for OSDS, including the Subsurface Waste Water Disposal Rules
(30-A MRSA  4201 et seq.) and the Water Pollution Control Law
(38 MRSA 413(1)).  Existing regulations require permits to install
or convert any OSDS.  Notification and/or inspection requirements
for new OSDS provide a mechanism to ensure that OSDS are sited
and installed to minimize impacts. 

Existing regulations require a minimum of at least a twelve to
twenty-four inch separation distance between OSDS and ground
water.  In evaluating sites for separation distances, the State's
methodology identifies temporary, perched water tables, not
apparent water tables.  In addition, the Subsurface Waste Water
Disposal rules require a liner for systems in the coarsest soils to
further treat and slow effluent movement to the water table.  In
determining that the State's separation distance requirements do
not meet the management measure, EPA and NOAA considered
the supplemental information provided by the State and found that
the information was not adequate to support the State's position
that its separation distance requirements and associated policies
adequately protect coastal waters. 

In a recent report, The Quality of Maine's Waters,  Maine
identified bacteria, coming mostly from failing septic systems and
overboard discharges, as a significant cause of non-attainment of
uses for marine and estuarine waters.  Inadequate separation
distance requirements may be a major factor influencing these
septic system failures.  Additional information is needed to support
the adequacy of the State's separation distance requirements.  This
information could  include: soil maps; information on seasonal 
high water table depths; demographic data; nitrogen and pathogen
loading studies; locations and causes (if known) of failing septic
systems; water quality assessments; information on shellfish bed
closures; clarification of siting criteria, policies and procedures;
and other reports or studies documenting the adequacy of the
State's current separation distance requirements.

The State lacks requirements for the periodic inspection of
operating OSDS and does not address the protection of nitrogen-
limited waters.  The State is encouraged to expand the Subsurface
Waste Water Disposal Rules, which currently include a model
ordinance to encourage municipalities to develop inspection
requirements when necessary, into a program that is in conformity
with the 6217(g) management measures.

E.  POLLUTION PREVENTION

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

RATIONALE: Maine's program submittal describes a number of
existing efforts, including efforts by the Nonpoint Source Pollution
Program (38 MRSA 410-H et seq.), the Maine Pollution
Prevention Program and the DEP Pollution Prevention Division
which address this management measure.  The State provided a list
of publications and outreach activities that address the specific
components of the management measure.  NOAA and EPA
encourage the State to include household hazardous waste, yard
maintenance and other individual activities in its public education
efforts.




F.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  Maine's program includes management measures for
roads, highways, and bridges in conformity with the 6217(g)
guidance except for the runoff systems management measure. 
Maine's program includes enforceable policies and mechanisms to
ensure implementation of the management measures.  The State
has provided sufficient justification for the exclusion of the
unorganized territories from the general application of the roads,
highways and bridges management measures. (See discussion
under the New Development management measure.)

CONDITION:  Within three years, Maine will include roads,
highways and bridges in schedules developed under its urban storm
water retrofit program.

RATIONALE:  Maine implements a program that meets the
planning, siting, and design management measures through
prohibition of roads in unusual natural areas, areas of particular
importance to fish and wildlife, Resource Protection Districts
established under the Mandatory Shoreland Zoning Act, and along
significant river segments.  Maine's program also includes
standards for setbacks from water bodies, vegetative buffer
requirements, limits on clearing and grading, mandatory shoreline
zoning, and environmental reviews by Maine's Department of
Transportation (DOT) for State roads, highways, and bridges and
the Department of Environmental Protection (DEP) under the Site
law for local road construction.  Private roads  exempt from
reviews must still meet DEP standards for protection of
environmental resources. 

The construction site erosion and sediment control measure is met
by erosion and sediment control plans, preconstruction
conferences, and BMP Guidance Manuals for both roads, highways
and bridges and general construction.  The State also provides
highway maintenance manuals and education and technical
assistance to conform to the operation and maintenance measure. 
Special practices apply to cleaning and painting steel and bridge
maintenance.

Maine has also developed standard specifications to require a Spill
Prevention, Containment, and Countermeasure Plan at roads,
highways and bridge construction sites to meet the management
measure for construction site chemical control.  The State plans to
meet the runoff systems measure by including roads, highways and
bridges in its urban stormwater retrofit program.  

Maine has enforceable policies and mechanisms to ensure
implementation of the measures.  The NRPA and Site Location of
Development Law require reviews, permits, erosion and sediment
controls, and protection of water bodies.  The Mandatory Shoreline
Zoning Act requires municipal zoning ordinances to protect
shoreland areas from flooding and limits clearing of shoreline
vegetation.

V.  MARINAS AND RECREATIONAL BOATING

FINDING:  Maine's program includes management measures in
conformity with the 6217(g) guidance, except for the storm water
management measure.  The program includes enforceable policies
and mechanisms to ensure implementation of the siting and design
management measures and the boat operation management
measure.  The State has identified a backup enforceable authority
to address the solid waste management, fish waste, liquid material,
petroleum control, boat cleaning, and sewage facility management
measures, but has not demonstrated the ability of the authority to
ensure implementation throughout the 6217 management area. 
Maine has provided justification to exclude the unorganized
territories of the State from application of the marinas and
recreational boating management measures.

CONDITION:  Within two years, the State will include in its
program management measures for storm water management in
conformity with the (g) guidance.  Within one year, the State will
develop a strategy (in accordance with Section XIV, page 18) to
implement the solid waste management, fish waste, liquid material,
petroleum control, boat cleaning, and sewage facility management
measures throughout the 6217 management area.

RATIONALE:  Marinas and boat yards in Maine are governed by
a number of laws and regulations that can be used to implement the
management measures.  With regard to siting and design,  permits
are required for the construction of new and expanding marinas
under the Natural Resources Protection Act and Site Location of
Development Law.  New, expanding, and existing marinas are also
subject to the Mandatory Shoreland Zoning Act, Oil Discharge
Prevention and Pollution Control Law (38 MRSA 541), and the
Watercraft Sewage Pumpout Law (38 MRSA 423-B).  The State
has included in its program submission several suggestions that
could significantly improve management for siting and design of
new and expanding marinas.  NOAA and EPA encourage the State
to include the Marina Advisory Group's recommendations for an
addendum to the NRPA permit application for new and expanding 
marinas to require information on tides, depths, flows, and water
quality, and to expand the use of shellfish and other habitat
mapping on GIS in conjunction with the permitting process.  

The State addresses the boat operation management measure
through the requirement that boasters operate at no greater than
headway speed within 200 feet of mainland or islands.  In addition,
the Commissioner of Inland Fish & Wildlife may designate off-
limits areas when necessary for wildlife protection (12 M.R.S.A.
sec.7791). 

The State recently published a manual entitled Controlling
Nonpoint Pollution in Maine, an Environmental Guide for Marinas
& Boatyards.  The manual contains practices that are in conformity
with the 6217 (g) guidance.  The State has identified the Water
Pollution Control Law (38 MRSA  411 et. seq.) as a backup
enforceable policy and mechanism that can be used to address
discharge of pollutants to coastal waters from activities associated
with the operation and maintenance of marinas.  However, the
State has not demonstrated the ability of this authority to ensure
implementation of the measures throughout the 6217 management
area.  The State also notes that permitting of new and expanding
marinas under the NRPA and the Site Law could be used to ensure
implementation of the management measures.  However, there is
currently no tie between the practices identified in the marina
manual and the criteria used for permitting these facilities.  NOAA
and EPA encourage the State to clearly tie the newly developed
BMP manual on marinas to the permitting authorities discussed
above in order to ensure consistent and predictable application of
the best management practices.

The State's submittal states that there are currently no marinas or
boatyards in the unorganized coastal areas, which consists of two
coastal townships and several islands.  No new marinas or
boatyards are expected in these areas in the foreseeable future. 
Therefore, there is not a need to apply the marina and recreational
boating management measures to the unorganized areas of the
State.

VI.  HYDROMODIFICATION

FINDINGS: Maine's program includes management measures in
conformity with the 6217(g) guidance, except for the element of
the chemical and pollutant control management measure requiring
limiting the application, generation and migration of toxic
substances.  Maine's program also includes enforceable policies
and mechanisms to ensure implementation of the
hydromodification management measures, except for the above
mentioned element of the chemical and pollutant control
management measure and for erosion and sediment control at
dams.  For the erosion and sediment control management measure,
the State has identified enforceable authorities, but has not
demonstrated the ability of the authorities to ensure
implementation of the management measure throughout the 6217
management area.  

CONDITIONS: Within two years, Maine will include in its
program management measures and enforceable policies and
mechanisms to implement the element of the chemical and
pollutant control management measure requiring limiting the
application, generation and migration of toxic substances.  Within
two years, Maine will also demonstrate its ability to achieve
implementation of the management measure for erosion and
sediment control at dams using the approach described in the
State's submittal, coupled with the Natural Resources Protection
Act,  the Waterway Development and Conservation Act, and the
Site Location of Development Law.

RATIONALE: Under the Natural Resources Protection Act
(NRPA), Maine requires permits for new channelization activities
in rivers, streams, lakes, and coastal waters.  Projects are evaluated
for effects on natural flows, water quality, flooding, and habitat.
Problems caused by existing channelization are identified by State
agencies and/or watershed surveys, and are resolved on a case-by-
case basis through enforcement and modifications to permits.  In
some cases, the Waste Discharge law may be used to stop the
discharge of pollutants from existing projects.

Maine has identified the NRPA and the Waterway Development
and Conservation Act (WDCA) (38 MRSA 630 et seq.) as 
enforceable authorities to implement the management measure for
erosion and sediment control at dams.  These laws, however, do
not provide for erosion and sediment control plans to be developed
for activities related to the construction and/or maintenance of
dams.  Furthermore, the WDCA specifically exempts many soil
disturbance activities associated with normal maintenance and
repair of operating hydropower dams.  The Site Location of
Development Law requires new dams to meet standards for erosion
and sediment control, but existing dams authorized prior to May 9,
1970 are exempt.  In addition, the erosion control law (38 MRSA
sec. 420-C) applies only to land disturbing activities within the
organized areas of the State.  The second condition above fills this
gap.

Maine implements the management measure for chemical and
pollutant control at dams through controls on the storage, handling,
and disposal of hazardous waste; but the state does not limit the
application of toxic materials at dam construction sites.  To fully
implement this management measure, the state intends to add a
requirement for chemical spill prevention and containment plans to
existing permitting authorities.  State permits also specify fertilizer
application rates to control erosion.

Maine implements the management measure for protection of
surface water quality and habitat from the effects of dam operation
by enforcing and/or modifying permits for dams.  The Waste
Discharge Law, which prohibits discharges of pollutants into
Maine waters, can also be used to enforce this management
measure.  Finally, the State Planning Office is charged with
creating a management plan for every river that has a FERC-
licensed hydropower dam.  Maine 
further applies these mechanisms to solve nonpoint source 
problems associated with excessive surface water withdrawals.

Maine implements management measures for shoreline and
streambank erosion by requiring permits for shoreline and
streambank stabilization activities.  Erosion of shorelines or
streambanks causing a nonpoint source  problem is identified by
State agencies and/or watershed surveys, and the Waste Discharge
Law can be used if necessary to implement a solution to erosion
causing a water quality problem.  Shorelines or streambank
features with the potential to reduce nonpoint source  pollution are
protected from the effects of new activities by the NRPA, which
stipulates no unreasonable harm to significant wildlife habitat from
permitted activities.  Streambanks and shorelines are also protected
under the Mandatory Shoreland Zoning Act, which imposes
municipal land-use controls within 250 feet of nonforested
wetlands.

     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED
     TREATMENT SYSTEMS

FINDING: Maine's program includes management measures in
conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation throughout the
6217 management area.  However, the program does not apply
management measures to projects other than new work proposed
within wetlands.

CONDITION:  Within two years, Maine will develop a process to
apply management measures to problems in wetland and riparian
areas that are not currently reviewed under existing permit
authorities.

RATIONALE: Maine protects wetlands and riparian areas
through the Natural Resources Protection Act, and the Mandatory
Shoreland Zoning Act.  These laws require permits for activities
involving dredge or fill in wetlands, and municipal zoning and
land-use controls within 250 feet of nonforested wetlands.  For
freshwater wetlands, permits are required for wetlands containing
at least 20,000 square feet of aquatic vegetation, emergent
vegetation or open water.

Maine's program to protect wetlands and riparian areas with
significant nonpoint source functions applies management
measures only to new projects within regulated areas.  The
program does not protect nonpoint source functions either from
existing conditions within wetlands and riparian areas, or from
activities upstream in the watershed which can affect the nonpoint
source functions in wetlands and riparian areas.

Maine implements the management measure promoting restoration
of wetlands and riparian areas through the compensation
requirements of the State's Wetland Protection Rules (06-096
CMR 310).  A work group of the State Wetlands Task Force is
exploring ways to target degraded wetlands serving important
functions for restoration as a part of mitigation activities, and to
add these sites as priorities for restoration as part of the State's
Wetlands Conservation Plan.

Maine implements the management measure to promote vegetated
treatment systems through the review of permits for alterations in
wetlands and along shorelines.  Vegetated treatment systems are
also required as needed to control stormwater discharges for larger
construction projects.

VIII.  ADMINISTRATIVE COORDINATION

FINDING:  Maine's program establishes mechanisms to improve
coordination among State agencies and between State and local
officials.     

RATIONALE:  Maine proposes to implement the coastal
nonpoint program through a combination of several State and local
authorities administered by agencies described in the State's
program submittal.  Many of the programs that will be used to
implement the State's coastal nonpoint program are housed within
the Maine DEP, which is responsible for administering most of the
State's core authorities for the coastal management and other
resource management programs.  In addition, the State relies on a
Nonpoint Source Advisory Group that consists of various State
agencies and other interests concerned with water quality issues. 
Finally, the Land and Water Resources Council (LWRC),
composed of commissioners of State agencies concerned with the
use and protection of natural resources, provides a mechanism for
policy coordination among State agencies.  

IX.  PUBLIC PARTICIPATION

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

RATIONALE:  The State's submittal describes several activities
that provide opportunities for public participation in the
development and implementation of its coastal nonpoint program. 
These include the continued use of special work groups for each
Section 6217 source category, and publication of a quarterly
newsletter, the NPS Times, which will be used to educate and
inform the public about various nonpoint source issues and
opportunities for further participation in the program.  Comments
solicited and received on the effectiveness of the State's coastal
nonpoint program will be used to evaluate and improve
opportunities by the public to participate in the State's program. 
Maine provided a 30-day public comment period on the final
program submittal and responded to the comments on the
submittal.    

X.  TECHNICAL ASSISTANCE

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

RATIONALE:  Maine plans a variety of technical assistance
efforts for local governments and the public.  These efforts will
emphasize several issues relative to nonpoint source pollution
activities.  Technical assistance will be conducted by a variety of
sources including State agencies such as the Maine Coastal Zone
Management Program (MCZMP), Maine DEP and Department of
Agriculture, Food and Rural Resources (DAFRR); and Federal
agencies such as the Natural Resources Conservation Service in
concert with DAFRR.  The assistance will include traditional State
agency technical assistance such as the preparation of guidance
documents and other manuals, training workshops and seminars,
one-on-one assistance by the State technical assistance staff, and
financial assistance programs such as the MCZMP and EPA's
Section 319 program.

     XI.    ADDITIONAL MANAGEMENT MEASURES

FINDING:  Maine's program provides for implementation and
continuing revision of additional management measures applicable
to critical coastal areas and cases where 6217 (g) management
measures are fully implemented but water quality threats or
impairments persist.  

RATIONALE: To deal with impaired coastal waters that require
additional management measures, the State will conduct a waste
load allocation for the pollutant(s) of concern in the watershed of
the impaired coastal water.  If it is determined that additional
management measures are needed to attain the target load of the
pollutant, appropriate measures will be developed and
implemented based on the recommendations from the NPS
Advisory Group for each nonpoint source category implicated in
the particular watershed.  The State's process is further described
in section V of the program submittal.

     XII.  CRITICAL COASTAL AREAS

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

RATIONALE:  Maine's program submittal identifies several
priority areas that require a critical coastal area designation.  These
include Fore River, Boothbay Harbor and closed shellfish
harvesting areas impacted by nonpoint source pollution.  Initially,
the State proposes to designate the land area in the watershed
below lake outlets as the critical coastal areas for these coastal
waters.  These areas and the priority watersheds that will be
identified as part of the State's overall watershed assessment efforts
generally follow the second approach described in the program
guidance whereby the State relies on site-specific evaluations to
determine the extent of the critical coastal areas.  Maps of the
critical areas will be prepared once the analyses are completed.

XIII.  MONITORING

FINDING:  Maine does not include in its program a plan to assess
over time the success of the management measures in reducing
pollution loads and improving water quality.

CONDITION:  Within one year, Maine will include in its
program 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:  Maine proposes several monitoring efforts that it
will carry out under its coastal nonpoint program.  It appears that
Maine could use these efforts to assess over time the success of the
management measures in reducing pollution loads and improving
water quality if the monitoring is better linked to the 6217
management measures.

For example, Maine's compliance monitoring efforts for
agriculture, forestry, urban sources, marinas, hydromodification,
and wetlands are keyed to best management practices (BMPs) but
not to management measures.  The State should be able to tweak
these efforts slightly to track management measures as well as
individual BMPs.

The investigation of nutrient-induced hypoxia and the ambient
toxics and pathogen monitoring programs appear to provide
opportunities to assess the impacts of selected management
measures on water quality, sediment, or seafood tissue.  Maine
should try to track management measure implementation in a few
areas where such data can be combined with the monitoring data to
assess the success of management measures in improving water
quality.

Maine also proposes that a watershed monitoring project will be
developed to determine the effect of BMPs on water quality. 
Maine should consider designing this monitoring project to
determine the effects of selected management measures on water
quality.  

Maine should include in its plan 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.  STRATEGY AND EVALUATION OF BACKUP
AUTHORITIES 

Within one year, Maine will develop a strategy to implement the
management measures for agriculture, urban (new development,
site development, erosion and sediment control, and construction
site chemical control) and marina operation and maintenance
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 implementation of the management measure using the
described approach.

In order to evaluate the adequacy of this strategy, Maine 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, at the end of
the three 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.