FINDINGS FOR THE
   PENNSYLVANIA COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the
Commonwealth of Pennsylvania pursuant to Section 6217(a) of the
Coastal Zone Act Reauthorization Amendments of 1990
(CZARA).  The findings are based on a review of the Pennsylvania
Coastal Nonpoint Pollution Program, July 19, 1995 and
supplemental material provided by Pennsylvania 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 Pennsylvania 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 Commonwealth of Pennsylvania
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 the
Commonwealth's program.  It also provides the rationale for the
findings and includes conditions that will need to be met for
Pennsylvania to receive final approval of its program.  We
recognize that Pennsylvania 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
Commonwealth's proposed changes. 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
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 Pennsylvania
Coastal Nonpoint Pollution Program, July 19, 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 Commonwealth has
included in its program submittal.  Further information and
analysis, including material provided by Pennsylvania 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:  Neil Christerson, 301/713-3113, x167

EPA Region 3/Office of Watersheds (3WP11)
841 Chestnut Building
Philadelphia, PA 19107
Contact:  Kevin Magerr, 215/597-1651

I.   BOUNDARY  

A.   LAKE ERIE MANAGEMENT AREA

FINDING:  Pennsylvania's proposed 6217 management area for
Lake Erie corresponds with the boundary recommended by NOAA,
with the exception of Conneaut Creek which drains into Ohio. 
Therefore, Pennsylvania's Lake Erie 6217 management area 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 Pennsylvania.

B.   DELAWARE RIVER MANAGEMENT AREA

FINDING:  Pennsylvania's proposed 6217 management area for
the Delaware River excludes existing land and water uses that
reasonably can be expected to have a significant impact on the
coastal waters of the Commonwealth.

CONDITION:  The Pennsylvania Department of Environmental
Protection (DEP), EPA, NOAA, and other appropriate State, local,
and federal agencies will participate in a cooperative process to
review relevant information and to determine an appropriate 6217
management area boundary consistent with established national
guidance for the 6217 program.

RATIONALE:  Pennsylvania's proposed 6217 management area
consists of the Schuylkill River watershed from the Berks-
Montgomery County line downstream to the confluence with the
Delaware River.  The Commonwealth's program submittal
proposes reducing the NOAA recommended 6217 management
area by excluding Schuylkill, Lehigh, Lebanon, and Berks
Counties.  Based on the small amount of land area in the 6217
management area for the counties of Lehigh and Lebanon, and the
lack of information on existing land or water uses that are
reasonably expected to have a significant impact on Pennsylvania's
coastal waters in these counties, NOAA and EPA agree with the
Commonwealth's proposal to exclude these areas from the 6217
management area.

     However, approximately 90% of Berks County is in the
recommended 6217 management area and information included in
the program submittal indicates that land and water uses within this
portion of the Commonwealth reasonably can be expected to have
a significant impact on coastal waters of the Pennsylvania.  Based
on an examination of the Commonwealth's 1994 305(b) report and
waterbody system information, nonpoint source impacts to
groundwater, lakes, and rivers and streams are documented. 
Information from the waterbody system shows that the watershed
cataloging unit (which contains most of the proposed 6217
management area) draining to the Delaware River has over 230
stream miles impaired due to nonpoint sources.  Reports cited in
Table II-3 of the program submittal indicate that nonpoint sources
in the Schuylkill River result from activities landward of the
Commonwealth's proposed boundary.

     As identified in the Commonwealth's Degraded Watershed
List (appendix A of the program submittal), one of the major
sources of nonpoint pollution is agriculture, which accounts for
over 220,000 acres of land use in Berks County.  NOAA and EPA
believe that land and water uses throughout the 6217 management
area of Berks and Schuylkill Counties have or are reasonably
expected to have a significant impact on the coastal waters of
Pennsylvania.  Supplemental information provided by
Pennsylvania subsequent to the program submittal indicates that
the Commonwealth has already directed resources to address
agricultural pollution sources in two major watersheds within
Berks County and is funding nutrient management technicians for
the "four major agricultural counties in coastal watersheds." 
NOAA and EPA applaud these efforts and view them as supporting
implementation of the coastal nonpoint program, particularly in
Berks County.

     Pennsylvania will need to ensure that its program is in
conformity with the 6217(g) management measures and includes
enforceable policies and mechanisms to ensure implementation
throughout the entire 6217 management area as determined by the
cooperative process envisioned above.  In most cases, existing
Commonwealth programs already apply statewide.  However, as
noted in the findings and conditions below, some of these
programs need to be modified to ensure implementation of the
6217(g) management measures throughout the management area.

II.  AGRICULTURE

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

CONDITION:  Within two years, Pennsylvania will develop a
strategy (in accordance with Section XIV, page 16) to implement
the nutrient, pesticide and grazing management measures
throughout the 6217 management area.

RATIONALE:  Pennsylvania's Erosion Control Regulations
(Title 25, Chapter 102) require landowners, in the case of
agricultural plowing and tilling, to develop and implement an
erosion and sediment control plan.  The plan shall be designed to
prevent accelerated erosion.  Pennsylvania is currently drafting a
Soil Erosion and Sedimentation control manual for agriculture to
assist in implementing this regulation.  In addition, voluntary and
mandatory plans developed under the Nutrient Management
Program require an erosion and sediment control component which
meets the requirements of Chapter 102 (83.261(a)).

     Pennsylvania has authority to implement the management
measures for confined animal facilities through the Special Water
Pollution Control Regulations (Title 25, Chapter 101).  Chapter
101, 101.8 exempts animal manure storage facilities and land
application of animal manures from permit requirements if the
design and operation are in accordance with practices described in
Manure Management for Environmental Protection and
amendments.  If a person chooses to design or construct a manure
storage facility using criteria other than those prescribed by the
Commonwealth, an individual permit is required.  Pennsylvania's
manure management manuals, including Field Application of
Manure, Poultry Manure Management, Dairy Manure
Management, address the requirements of the management
measures, including storage of facility wastewater and runoff for a
25-year, 24-hour storm, and applying manure "at the rate which
supplies just the amount of nutrients that the crop will use." 
NOAA and EPA recommend that the manuals, written in 1986, be
updated to reference and include information on the Nutrient
Management Act, certified crop advisors, alternative uses of
manure and the Penn State Pre-Sidedress soil nitrogen test.

     For nutrient management, the Nutrient Management Act (3
P.S. 1701 et seq.) and regulations specifically require nutrient
management planning for operations where the animal density
exceeds two Animal Equivalent Units (AEUs) per acre,
representing approximately 5% of farms statewide.  The
applicability of the Nutrient Management Act does not include as
many operations as those subject to the applicability of the 6217(g)
management measures for large and small confined animal
facilities, but Chapter 101 applies to all agricultural operations. 
Pennsylvania proposes to use a combination of the Nutrient
Management Act and Chapter 101 manure management
regulations, backed by the Clean Streams Law, to implement the
management measures for nutrient management.  Regulations to
implement the Nutrient Management Act become effective on
October 1, 1997.  The Act also provides support for voluntary
participation and the Commonwealth is encouraging participation
by a wide range of operations.  Plans developed under the Act will
address nutrient application, alternative uses for excess manure,
manure management, erosion and sediment control, and runoff
from confined animal facilities.

     The Nutrient Management Act focuses on nitrogen,
however, the law does not include requirements for testing soil for
nitrogen.  The law also focuses on the amount of nitrogen applied,
instead of using the limiting nutrient concept to determine nutrient
application rates.  This could create the potential for excessive
application and delivery to the aquatic environment of other
nutrients, most notably phosphorus, that may be harmful to
Pennsylvania's Lake Erie (freshwater) coastal waters and the low
salinity waters of the Delaware River.  NOAA and EPA encourage
Pennsylvania to address the limiting nutrient when developing
nutrient management plans, as recommended in the Field
Application of Manure manual.  We also strongly encourage the
Commonwealth to study the effects of excess phosphorus from
agricultural operations on water quality.  As described in an
agronomy fact sheet and letter provided subsequent to the program
submittal, Pennsylvania may ultimately re-evaluate the criteria for
what farms are involved in mandatory planning and what nutrients
are addressed as part of a mandatory review that will occur five
years after the promulgation of regulations for the Nutrient
Management Act.  Criteria that will be used for this evaluation
could be incorporated into the strategy described in the condition
above.

     The Commonwealth has a number of programs that can be
used to implement the management measures for pesticide and
grazing management, including the Erosion and Sediment
Pollution Control Program, Nutrient Management Program,
Chemsweep Program, and Streambank Fencing Program. 
Pennsylvania's Pesticide Control Act provides authority to regulate
restricted use pesticides.  In addition to the regulatory program,
management measures are implemented through programs of the
Cooperative Extension Service, the Farm Service Agency, and
Natural Resource Conservation Service.  In addition, local
Pennsylvania Conservation Districts provide technical assistance to
implement management measures.  The Commonwealth has also
proposed to use its soon to be completed Pesticides and
Groundwater Strategy, which will provide additional authority for
specially designated groundwater protection areas.  The Clean
Streams Law provides back-up enforcement authority for grazing
management and where the pesticides authorities described above
do not apply.

     Subsequent to the program submittal, Pennsylvania
provided additional information to address the pesticide and
grazing management measures.  The Pesticide Regulatory Program
requires training and licensing of applicators of pesticides.  In cases
where an applicator refuses to participate,  they can be found in
violation of the regulations and subject to enforcement.  The use of
all pesticides is subject to enforcement action under the Pesticide
Control Act for misuse of a product.  However, training is only
required through licensed applicators, therefore NOAA and EPA
view the Pesticide Control Act as providing back-up authority for
use of pesticides by non-licensed, general use applicators.  NOAA
and EPA support Pennsylvania's pursuit of statewide integrated
pest management (IPM) through established goals for IPM in the
Memorandum of Agreement between the Department of
Agriculture and Pennsylvania State University.

     Supplemental information for grazing includes an outline of
the Pennsylvania Partnership Grazing Lands Conservation
Initiative (statewide grazing initiative) which is being pursued by a
committee of agency, producer, and university participants to
address grazing impacts through education, technical and financial
assistance.  The additional information included a brief description
of education programs being implemented through the Penn State
Grazing Research and Education Center.  Although the
Commonwealth has initiated a commendable effort to develop a
strong voluntary approach, it has not established implementation
goals or measurable results to demonstrate successful
implementation of the grazing measure.

     As described on page 36 of the program submittal,
Pennsylvania has demonstrated that irrigation is not a significant
contributor of pollutants to Pennsylvania's coastal waters.  The
small acreage (less than 2,000 irrigated acres, or an average of less
than 10 acres per farm) of irrigated land in the 6217 management
area demonstrates that Pennsylvania's exclusion of irrigation from
its program is justified.

III. FORESTRY

FINDING:  Pennsylvania's program includes management
measures in conformity with the 6217(g) guidance and includes
enforceable policies and mechanisms to ensure implementation in
the Lake Erie Management Area.  Sufficient justification was
provided to support a sub-categorical exclusion of the site
preparation and forest regeneration and fire management measures
from the coastal nonpoint program in the Lake Erie Management
Area, and a categorical exclusion of forestry from the Delaware
River Management Area.

RATIONALE:  Pennsylvania has the ability to implement the
forestry management measures through existing laws and
programs.  All of the forestry management measures are included
in the pocket guides Controlling Erosion and Sedimentation from
Timber Harvesting Operations and Best Management Practices for
Silvicultural Activities in Pennsylvania's Forest Wetlands
programs.  Subsequent to the program submittal, Pennsylvania
provided NOAA and EPA with a copy of a document entitled
"Controlling Sediment Pollution from Light Duty Gravel/Dirt
Roads" which includes additional practices that can be used to
implement the road management measure.

     Under the Chapter 102 regulations, all earth moving or
earth disturbance activities, regardless of size, must have a Soil
Erosion and Sediment Pollution Control Plan developed,
implemented, and maintained which will minimize erosion and
prevent sediment pollution to the waters of the Commonwealth;
this applies to timber harvesting operations.  Specifically, Chapter
102 requires an erosion and sedimentation control plan "preventing
the pollution... from fertilizers, pesticides, and other polluting
substances carried by sediment."  Timber harvesting operations
where earth disturbance activities exceed 25 acres require an
individual permit from the DEP.  DEP's Regional Foresters work
with landowners and loggers to provide technical assistance and
ensure that forestry best management practices are implemented.
To the extent that the individual permit requirement is an effective
tool in controlling nonpoint source pollution from larger harvesting
operations, Pennsylvania may wish to consider expanding this
approach to all harvesting operations greater than 5 acres.

     Timber harvesting operations may also be subject to the
Dam Safety and Waterway Management Regulations (Title 25,
Chapter 105) adopted under the provisions of the Dam Safety and
Encroachments Act (32 P.S. 693.1 et seq.) for stream crossings
or encroachments within 50 feet of a stream.  General permits
issued under the Chapter 105 Regulations allow for minor stream
crossings and temporary road crossings, but require adherence to a
set of permit conditions that include practices to implement
forestry management measures.

     The sub-categorical exclusion for the site preparation and
forest regeneration and fire management measures in the Lake Erie
management area is justified.  As described on page 67 of the
program submittal, because of climate and widely used selective
cutting practices, natural forest regeneration occurs rapidly and site
preparation is not generally used.  Fire management is used very
rarely and selectively in Pennsylvania.

     The categorical exclusion of forestry from the Delaware
River Management Area is justified due to the distribution and
fragmentation of forest land in the southeastern portion of the
Commonwealth.  There is limited acreage of commercial
forestland, thereby making silviculture an uncommon activity. 
Recent water quality reports do not indicate that forestry has a
significant impact on the coastal waters of Pennsylvania.

IV.  URBAN

A.   NEW DEVELOPMENT

FINDING:  Pennsylvania's program does not include management
measures in conformity with the 6217(g) guidance, but does
include enforceable policies and mechanisms to ensure
implementation.

CONDITION:  Within three years, Pennsylvania will include in
its program management measures for new development in
conformity with the 6217(g) guidance.

RATIONALE:  Pennsylvania's Storm Water Management Act (32
P.S. 680.1 et seq) requires measures to assure that the maximum
rate of stormwater runoff is no greater after development than prior
to development for activities that may affect stormwater runoff
characteristics.  However, according to the Storm Water
Management Guidelines, no state-level criteria have been adopted
for stormwater detention storage or other storm water management
measures, particularly the 80% total suspended solids (TSS)
loading reductions specified in the 6217(g) guidance.  The
Commonwealth needs to address the stormwater quality aspects of
the management measure.

     B.   WATERSHED PROTECTION AND EXISTING
     DEVELOPMENT

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

RATIONALE:   Under the Storm Water Management Act, each county in Pennsylvania is required
to prepare and adopt a watershed stormwater management plan for each watershed.  Counties are
required to periodically review and revise these plans at least every five years.  Watershed
stormwater plans must contain provisions that are reasonably necessary to manage stormwater such
that development will not adversely affect health, safety and property and be consistent with
existing environmental and land use plans.  Existing development and associated storm drainage
problems are addressed by local governments through low interest loans available under the
Pennsylvania Infrastructure Investment Authority (35 P.S. 751.1 et seq.); wetlands and floodplain
areas receive special protection under the Dam Safety and Watershed Management Rules (Title 25,
Ch. 105); and the Special Protection Waters Implementation Handbook provides guidance for
additional protection against degradation to selected water bodies that exhibit exceptional water
quality and other environmental features.  NOAA and EPA encourage Pennsylvania to expand
participation in the PennVest program, particularly in the Delaware River Management Area, to
further address problems associated with existing development.

     C.   SITE DEVELOPMENT AND CONSTRUCTION SITE EROSION AND
     SEDIMENT CONTROL

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

RATIONALE:  Pennsylvania's Erosion Control Regulations (Title 25, Chap. 102) require a
person or municipality to obtain a permit prior to commencement of any earthmoving activity on
a site of greater than 25 acres.  An erosion and sedimentation control plan must accompany any
permit application.  Even where permits are not necessary, smaller facilities are also required to
develop and implement erosion and sediment control plans.  Pennsylvania may delegate the
administration and enforcement of this requirement to local government if localities adopt plan
requirements approved by the DEP.  Pennsylvania's Erosion and Sediment Pollution Control
Program Manual describes suggested management practices to be incorporated into erosion and
sedimentation control plans.  These practices include watercourse erosion protection and
minimizing land disturbance to protect areas that provide important water quality benefits and
limit disturbance of vegetation.  The local Conservation Districts also implement a program in
erosion and sedimentation control.  In addition, the Commonwealth's Dam Safety and
Encroachments Act helps to limit disturbance of natural drainage features.



     D.   CONSTRUCTION SITE CHEMICAL CONTROL

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

RATIONALE:  Pennsylvania's program submittal includes "Guidelines for Developing
Preparedness, Prevention, and Contingency (PPC) Plans for Operations That Discharge Storm
Water From Construction Activities," which describe a number of pollution incident prevention
practices to be used on construction sites.  The Forward for this document describes the
application of the guidelines to sites regulated under the National Pollutant Discharge
Elimination System (NPDES), which generally include construction activities that result in land
disturbance of 5 acres or greater.  Based on subsequent correspondence received from
Pennsylvania, NOAA and EPA understand that PPC Plans "must be developed for all
construction sites, regardless of size."  Supplemental information also describes how Section
101.3, Activities Utilizing Polluting Substances, of the Clean Streams Law is used to ensure
implementation.  Section 101.3 requires that "Persons and municipalities engaged in an activity
which includes the...use, application, or disposal of polluting substances shall take necessary
measures to prevent the substances from directly or indirectly reaching waters of this
Commonwealth, through accident, carelessness, maliciousness, hazards of weather or from
another cause."

E.   NEW and OPERATING ONSITE DISPOSAL SYSTEMS (OSDS)

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

RATIONALE:  Pennsylvania's Sewage Facilities Act (35 P.S. 750.1 et seq) and associated
rules (Title 25, Chapters 71 to 73) require local Sewage Enforcement Officers to issue permits
and enforce regulations for new and existing OSDS systems based on municipal and statewide
OSDS plans.  To be eligible for a permit, OSDS must meet certain environmental standards,
including siting the top of the limiting zone at least 4 feet below the bottom of the aggregate
(73.51).  Rules require municipalities to address long-term operation and maintenance of OSDS
in official plans (71.71).  Where municipalities have established a sewage management program,
septage is required to be removed from the treatment tank every 3 years or whenever an
inspection reveals solids or scum in excess of one third of the tank.  Where DEP can document
high failure rates and threats to groundwater, the Commonwealth can require that a sewage
management program be developed.  Pennsylvania's Phosphate Detergent Act (35 P.S. sec. 722)
limits the use and manufacture of detergents containing phosphate.  Although Pennsylvania does
not require municipalities to reduce total nitrogen loadings by 50%, there are provisions in
Chapter 71 and case law which demonstrate the ability to take enforcement actions at sites with
high nitrate-nitrogen levels in groundwater.  In addition, Pennsylvania's coastal waters are
freshwater and therefore the Commonwealth does not have nitrogen-limited surface waters.

F.   POLLUTION PREVENTION

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

RATIONALE:  Voluntary and regulatory programs described in Pennsylvania's Municipal
Waste Planning, Recycling and Waste Reduction Act (53 P.S.4000.101), Household Hazardous
Waste Law (35. P.S.6025.1), Used Oil Recycling Act (58 P.S. 471) and other State strategies
meet the management measure for pollution prevention (see pages 49 and 50 of program
submittal).

     G.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  Pennsylvania's program includes management measures for roads, highways, and
bridges in conformity with the 6217(g) guidance except for the runoff systems management
measure.  Pennsylvania's program includes enforceable policies and mechanisms to ensure
implementation of the management measures.

CONDITION:  Within two years, Pennsylvania will include management measures for runoff
systems in conformity with the 6217(g) guidance.

RATIONALE:  Planning, siting and development of roads, highways and transportation
facilities in Pennsylvania must be done in accordance with county watershed plans developed
under the Storm Water Management Act.  As described above for construction site erosion
control, Pennsylvania's Erosion Control Regulations (Title 25, Chap. 102), also apply to
construction of roads, highways and bridges.  Review, guidance and approval of erosion and
sediment control plans is delegated to local conservation districts, which ensure that plans are
implemented through routine inspection and enforcement.  The Dam Safety and Waterway
Management Regulations (Chapter 105) require additional environmental assessments for
disturbances in, along, or across a body of water.  As with construction site chemical control
above, Pennsylvania's program submittal describes PPC plans that are required for development
of roads, highways and bridges.  Section 101.3 of the Clean Streams Law is used to ensure
implementation.

       With regard to runoff systems, although some of the practices that could be used to meet
the measure are listed by Pennsylvania in the program submittal, Pennsylvania does not indicate
that it has a program to identify and prioritize pollutant reduction opportunities.  Pennsylvania
has proposed that DEP will review permit applications and add conditions through the
environmental review process for both new projects and for retrofit projects involving
reconstruction or rehabilitation of existing roads, highways and bridges.  Pennsylvania does not
yet have a plan to review existing roads, highways and bridges to determine where runoff
systems may be needed and retrofit existing facilities as appropriate.

     Pennsylvania's Department of Transportation operation and maintenance manual is part
of a comprehensive maintenance program which includes winter deicing, storage, and disposal
practices; roadside maintenance;  pesticide/fertilizer use; litter reduction; and practices to protect
water quality during maintenance of undeveloped roads.

V.   MARINAS AND RECREATIONAL BOATING

FINDING:  Pennsylvania's program includes management measures in conformity with the
6217(g) guidance, except that it does not include management measures for stormwater runoff,
petroleum control, and boat cleaning.  Pennsylvania's program includes enforceable policies and
mechanisms to ensure implementation, except for stormwater runoff.  For stormwater runoff , the
Commonwealth has identified a back-up enforceable policy and mechanism but has not yet
demonstrated the ability of this authority to ensure implementation throughout the 6217
management area.

CONDITION:  Within three years, Pennsylvania will include management measures for
stormwater runoff, petroleum control, and boat cleaning in conformity with the 6217(g)
guidance.  Within two years, Pennsylvania will develop a strategy (in accordance with Section
XIV, page 16) to implement the stormwater runoff management measure throughout the 6217
management area. 
 
RATIONALE:  Pennsylvania requires a permit for new and expanding marinas under its Dam
Safety and Encroachments Act (32 P.S. 693.1 et seq.) and Dam Safety and Waterways
Management Regulations (Title 25, Chapter 105).  All permit applications must undergo
mandatory review of planning and design criteria, and preparation of an environmental
assessment.  The permitting process includes a detailed analysis of potential project impacts on
the affected water body to assure planning and design that addresses water quality and habitat
issues, downstream water uses, and public health and safety.  Shoreline stabilization is addressed
under section 105.46 of Chapter 105 which requires that an erosion and sedimentation control
plan be prepared in accordance with Chapter 102 and requires that construction activities
minimize erosion of banks.  

     Subsequent to the program submittal, Pennsylvania submitted additional information to
address the fueling station design and sewage facilities design management measures.  This
information includes the Storage Tank and Spill Prevention Act of 1989, the Guidelines for the
Development and Implementation of Environmental Emergency Response Plans, Storage Tank
Technical Standards (proposed), and regulations regarding combustible and explosive materials.
These programs and authorities are implemented at the State, county, and local level and include
standards that ensure that fueling stations are designed in conformity with the management
measure.  Pennsylvania addresses the sewage facilities design measure through the Sewage
Facilities Act and implementing regulations.  In addition, Pennsylvania has identified where
sewage facilities are needed through a survey conducted under the Clean Vessel Act and will
construct facilities to meet those needs.  The Commonwealth has a relatively small number of
marinas and no projected marina development.

     Pennsylvania's Storm Water Management Act (32 P.S. 680.1 et seq.) requires measures
to assure that the maximum rate of stormwater runoff is no greater after development than prior
to development for activities that may affect stormwater runoff characteristics.  However, no
state-level criteria have been adopted for storm water management measures, particularly the
80% TSS loading reductions specified in the 6217(g) guidance, to address the proper design of
hull maintenance areas.  In addition, Pennsylvania did not indicate how stormwater runoff from
marinas would be addressed through local stormwater plans.  The program submittal identified
the Clean Streams Law as providing back-up authority to ensure implementation.

     For operation and maintenance, Pennsylvania's program includes management measures
for all but the petroleum control and boat cleaning management measures.  The other measures
are addressed through a variety of laws and programs including the Solid Waste Management
Act, the Fish and Boat Code, Hazardous Waste Regulations, the Municipal Waste Planning,
Recycling, and Waste Reduction Act, the Sewage Facilities Act, and the Pennsylvania Fishing
and Boating Regulations.  Waterways Conservation Officers enforce the Fish and Boat Code
including boat operations.

     The Commonwealth recognizes gaps with respect to the petroleum control and boat
cleaning measures and is proposing to develop a marina and boating manual and guidebook to
address these gaps.  This guidebook will include other operation and maintenance management
measures and will also serve as a compilation (in a readily available and understandable format)
of all existing laws and regulations that apply to marinas.  NOAA and EPA encourage the
Commonwealth to develop this manual as a tool to implement the management measures.

VI.  HYDROMODIFICATION

FINDINGS:  Pennsylvania's program includes management measures in conformity with the
6217(g) guidance, and includes enforceable policies and mechanisms to ensure implementation,
except the Commonwealth's program does not have a process for:  (1) improving surface water
quality and instream and riparian habitat through the operation and maintenance of existing
modified channels; and (2) identifying and developing strategies to solve existing nonpoint
source problems caused by streambank or shoreline erosion that do not come up for review under
existing permit authorities.

CONDITION:  Within three years, Pennsylvania will develop a process for improving surface
water quality and instream and riparian habitat through the operation and maintenance of existing
modified channels and identify and develop strategies to solve existing nonpoint source problems
caused by streambank or shoreline erosion.

RATIONALE:  Pennsylvania requires permits for both new channelization activities and
modification of existing channels under the Dam Safety and Encroachments Act (32 P.S. 693.1-
693.28) and Dam Safety and Waterways Management Regulations (Title 25, Chapter 105). 
Permit applications for new projects are reviewed for impacts on water quality, streamflow
regimen, habitat, and instream and downstream uses.  New projects receiving permits are
required to have plans for operation and maintenance.  However, the Commonwealth's program
does not contain a process to identify opportunities to improve surface water quality and habitat
through operation and maintenance of existing modified channels.

     In accordance with Pennsylvania's Erosion Control Regulations (Title 25, Chapter 102,
102.4 and 102.5) Pennsylvania implements management measures for erosion and sediment
control at dams by requiring erosion and sedimentation control plans for activities involving
construction of new dams and modification of existing dams.  Pennsylvania describes PPC plans
for handling and storing toxic materials at construction sites, and plans for spill prevention for
construction activities that have the potential to cause water pollution.

     Pennsylvania implements management measures for protection of surface water quality
and instream and riparian habitat from the effects of dam operation through conditions to permits
for dam construction.  Such conditions stipulate that dams shall at all times be operated to
maintain required flows for aquatic life, and to comply with water quality criteria and instream
uses.

     Pennsylvania requires permits for projects involving stream encroachment, and the
Commonwealth gives preference to vegetative controls for shoreline and streambank erosion. 
The Commonwealth's Bluff Recession and Setback Law requires programs to regulate
development along shorelines with bank heights greater than five feet, in order to preserve and
restore natural features, and to protect shorelines against unwise land use practices.  The
Commonwealth's program does not have a process to identify and develop strategies to solve
existing nonpoint source problems caused by streambank or shoreline erosion that do not come
up for review under existing permit authorities.

     In material submitted subsequent to the program submittal, Pennsylvania provided
additional information to address channel modifications and streambank or shoreline erosion. 
Although impacts from these sources may be limited, Pennsylvania does not currently have
sufficient information on which to justify an exclusion of these sources.  NOAA and EPA
encourage Pennsylvania to pursue their proposal to inventory coastal watersheds for channel
modifications, streambank erosion and habitat characteristics, and to define the magnitude and
extent of any problems, thereby enabling the Commonwealth to focus available resources on
those problem areas.


     VII. WETLANDS, RIPARIAN AREAS AND VEGETATED TREATMENT SYSTEMS

FINDING:  Pennsylvania's program includes management measures in conformity with the
6217(g) guidance, except that the program does not address activities in wetlands and riparian
areas that are not currently reviewed under existing permit authorities.  The program includes
enforceable policies and mechanisms to ensure implementation.

CONDITION:  Within three years, Pennsylvania will include in its program management
measures in conformity with the 6217(g) guidance to address activities in wetlands and riparian
areas that are not currently reviewed under existing permit authorities.

RATIONALE:  As part of the Dam Safety and Waterways Management Programs (which
includes the Wetlands Program) Pennsylvania requires a permit for dredging or filling activities
in wetlands.  Permit applications for new projects are reviewed for impacts on water quality,
streamflow regimen, habitat, and instream and downstream uses.  However, the
Commonwealth's program does not provide for protection of wetlands and riparian areas that
may serve a significant nonpoint source abatement function in the absence of a permit application
for a proposed alteration or modification to a wetland.  The management measure focuses on
nonpoint source problems in wetlands as well as on maintaining the functions of wetlands that
are providing nonpoint source abatement.

     Management measures promoting restoration of wetland and riparian areas are
implemented through the Commonwealth's Wetlands Program which requires restoration for
mitigation of wetlands loss or degradation.

     Management measures promoting vegetated treatment systems are implemented through
the Commonwealth's agricultural cost-share program, and the Department of Environmental
Protection, which has undertaken demonstration projects of vegetated treatment systems, and has
prepared a 5-volume set of design manuals for vegetated treatment systems for treatment of
urban, agricultural, and mining wastes.

VIII.     CRITICAL COASTAL AREAS

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

RATIONALE:  Subsequent to the program submittal, Pennsylvania provided supplemental
information that generally identifies critical coastal areas through their degraded
watershed/stream program and the Delaware Estuary Program.  In conjunction with the
development of the section 303(d) list of impacted streams, Pennsylvania will identify a list of
impacted stream segments and adjacent areas which will be used to target watersheds for a
statewide water quality/watershed assessment process.  For example, the Schuylkill River south
of the Berks/Montgomery County line has been identified as a high priority watershed.  Through
the Delaware Estuary Program, Pennsylvania, along with New Jersey and Delaware, plans to
address water quality degradation in the estuary along Philadelphia through a nonpoint source
action plan which includes supporting the coastal nonpoint program, implementing watershed-
based land planning, protecting riparian corridors, and restoring urban stream corridors. 
Pennsylvania is also addressing existing nonpoint source problems through the remedial action
plan for Lake Erie's Presque Isle Bay.

IX.  ADDITIONAL MANAGEMENT MEASURES

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

RATIONALE:  Pennsylvania anticipates that the management measures identified in their
program document will be sufficient to improve water quality in the management area.  If the
proposed monitoring identifies continuing water quality problems, Pennsylvania proposes to
address them through the State 319 program, the Delaware Estuary Program, and the Presque Isle
Bay remedial action plan.  In addition, the management area watersheds in southeastern
Pennsylvania are expected to have water quality assessments done relatively quickly in the
statewide assessment effort.  Where these assessments identify nonpoint source pollution to be a
continuing problem, additional management measures can be incorporated into the watershed
management and remediation process, as described in supplemental information provided for
monitoring.




X.   TECHNICAL ASSISTANCE

FINDING:  Pennsylvania's program provides for technical assistance to local governments and
the public for implementing additional management measures.

RATIONALE:  Technical staff of the DEP are located in each of the DEP Regional Offices. 
Currently, staff from the regions provide technical assistance on a case-by-case basis.  The
Pennsylvania Conservation Districts provide assistance in the areas of erosion and sediment
pollution control, education, nutrient management, stormwater management, wetlands protection,
forest resource management, and rural and residential development.  Also, there are other
organizations and agencies that provide assistance related to nonpoint source pollution to local
governments and citizens including the Natural Resource Conservation Service, the Fish and
Wildlife Service, and the Chesapeake Bay Program.  Governor Ridge's plan for the Pennsylvania
DEP includes organizing a Pollution Prevention Office to provide assistance to citizens and
communities.

XI.  PUBLIC PARTICIPATION

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

RATIONALE:  Pennsylvania has implemented a public participation strategy which includes
inter-agency coordination, public education, and public participation. The County Conservation
Districts are working locally to educate and obtain response to the proposed coastal nonpoint
program from the public. The effort includes surveys, interviews, municipal meetings, formation
of focus groups, volunteer monitoring programs, various forms of news media, and response
documents.  Public education and participation efforts are being undertaken on the local, state
and regional levels.  Pennsylvania is cooperating with New Jersey and Delaware on a regional
Public Outreach and Participation Strategy (see Appendix E of the program submittal for a task
statement).

XII. ADMINISTRATIVE COORDINATION

FINDING:  Pennsylvania's program contains mechanisms for coordination among state agencies
and between state and local officials.

RATIONALE:  The coastal nonpoint program will be administered by Pennsylvania
Department of Environmental Protection's Coastal Zone Management Program (CZMP) through
networking with other applicable regulatory state programs.  Pennsylvania proposed to revise the
State Nonpoint Source Management Plan (developed under Section 319 of the Clean Water Act)
to incorporate the coastal nonpoint program.  Pennsylvania's 319 program is supporting a
number of projects and activities that will assist in implementation.  State coastal program
policies also apply to the coastal nonpoint program,  through which it can be implemented by
consistency reviews, and through technical and monetary support of planning and
implementation projects.  The coastal program has established memoranda of understanding
(MOUs) with the Public Utility Commission, the Historic and Museum Commission and the Fish
and Boat Commission.  Other agencies are brought into compliance with coastal program
policies by the Governor's Executive order No. 1980-20, Pennsylvania Coastal Zone
Management Program.  In the program submittal Pennsylvania has proposed to develop MOUs
with PennDOT and the Department of Agriculture to address applicable portions of the coastal
nonpoint program.

     Pennsylvania's public participation plan has a primary objective of increasing interagency
coordination by fostering intergovernmental communications.  Additional coordination for the
coastal nonpoint program is ongoing with the Delaware Estuary Program, the Great Lakes
Initiative, county Conservation Districts, and adjacent states.

XIII.     MONITORING

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

CONDITION:  Within one year, Pennsylvania will finalize its plan that enables the
Commonwealth to assess over time the extent to which implementation of management measures
is reducing pollution loads and improving water quality.

RATIONALE:  Pennsylvania clearly intends to develop a suitable monitoring program for
section 6217.  In supplemental information provided subsequent to the program submittal,
Pennsylvania proposes to incorporate monitoring for the coastal nonpoint program into its
statewide water quality assessment and watershed evaluation processes.  DEP has developed a
strategy for assessing streams over the next several years that includes the use of a GIS for
screening, and prioritization and field surveys using modified Rapid Bioassessment Protocols. 
Assessment units within watersheds will be prioritized based on a number of factors, including
the number of stream miles already assessed, land use, animal populations, and septic system
loadings.  Stream segments will be categorized according to pollutant source impacts.  This
information will be used in developing and implementing watershed management plans and
activities, including appropriate resource and BMP monitoring to evaluate project success.  In
addition, on page 73 of the program submittal, the Commonwealth proposes to focus resources
on several representative streams throughout the management area, each of which represents a
single nonpoint source category.

     Pennsylvania should include in its plan 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.

XIV.  STRATEGY AND EVALUATION FOR BACK-UP AUTHORITIES

     Within two years, Pennsylvania will develop a strategy to implement the management
measures for agriculture (nutrient management, pesticide management and grazing) and marinas
(stormwater runoff) throughout the 6217 management area.  This strategy will include a
description and schedule for the specific steps the Commonwealth 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 Commonwealth's ability to achieve
implementation of the management measures using the described approach.

     In order to evaluate the adequacy of this strategy, Pennsylvania will also develop and
apply credible survey tools to demonstrate the ability of the Commonwealth's approach to
achieve implementation for 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 Commonwealth's approach has been
successful or whether new, more specific authorities will be needed.