CSO Conditionally Approved State Call
January 8, 2019
1. Welcome and Roll Call (5 minutes)
- Steve Holland (OH)
- Randy Shaneyfelt (AL)
- Charles Reulet (LA)
- Sara Krupa (LA)
- Ann Porter (MS)
- Justine Nihipali (HI)
- Mike Burke (HI)
- Darcey Iwashita (HI)
- Patty Snow (OR)
2. Discussion Topic – Back to basics! Best practices for developing a submission for NOAA/EPA review. (35 minutes)
In recent months, there has been quite a bit of staff turnover in coastal nonpoint-related positions in the conditionally approved states. As a result, it seemed apt to take some time to cover a basic but essential topic, best practices for developing submissions for NOAA/EPA review.
Disclaimer: These best practices are based on my observations working with the federal review team and should not be interpreted as federal guidance.
Summary of Best Practices (Full 2-page overview of best practices will be disseminated once normal government operations resume. Thanks everyone for your patience!)
- Feeling stuck? Want feedback on the general approach your state plans to take to address a management measure? Ask the federal review team.
- Sending drafts for review is always helpful
- Include all 3 federal agency reps (NOAA, EPA HQ, and EPA Region) in all emails/correspondence related to coastal nonpoint
- Smaller submissions can facilitate quicker review/response
- Include the condition language at the top of your submission.
- Draft your submission so that it speaks to what the state is conditioned on.
- Be explicit. Are you taking a voluntary approach, regulatory approach, or combination of both to address a management measure?Include relevant statistics when data is available.
- Describe program or policy implementation timelines where relevant.
- Include illustrative examples in your submission. Walk through a real-world example of how a planning or prioritization process worked in practice and point to an on-the-ground outcome where relevant. (If a program has not been fully implemented at the time of submission, walking through a hypothetical may be helpful.)
- Include citations/hyperlinks to plans and regulations that are referenced in your submission.
- Less is more. Federal regulations, while sometimes applicable, can usually be left out of Coastal Nonpoint submissions because their impacts are not localized enough to satisfy conditions.
- Make sure you address the three-pronged test when relying on a voluntary approach to satisfy a management measure.
- NOAA and EPA’s Guidance on this can be found here (includes examples)
3. State Updates and Announcements – staff from every conditionally approved state will be asked. (15 minutes)
- OH – One management measure is still conditionally approved. The Coastal Program is partnering with Chagrin River Watershed Partners on a project which will address this measure. Hoping that the state can use this project to demonstrate to the federal review team that OH is making strides towards addressing this measure in an approvable fashion.
- AL – Deadline for approval is end of May 2022. AL is having quarterly calls with NOAA and EPA. Has found the federal team to be very helpful.
- MS – underwent 312 review in September. MS has not yet received their findings from NOAA. The state has been reviewing the interim work plans submitted to NOAA OCM by other states following their 312 evaluations.
- What is the work plan submission deadline?
- Six months after you receive your 312 evaluation findings from NOAA.
- What is the work plan submission deadline?
- LA – Received their first round of clarifying questions from NOAA in December, the state is working on a response to those questions now.
- HI – Concluded 312 evaluation site visit in August. The state has 6 conditionally approved management measures. HI has been working with the federal team to clarify a few things. The state plans to update a few measures before sending to federal team for review.
- OR – No substantive updates at this time.
4. Update on Coastal Nonpoint Discussion at the Program Managers Meeting (2 minutes)
Your suggestion to include a coastal nonpoint related discussion at the Program Manager’s Meeting was shared with the NOAA Planning Team and they indicated that they were open to the idea. That said, agenda development is currently on hold due to the partial government shutdown. More soon on this.
5. Next Steps and Action Items (3 minutes)
- Bridget to circulate the draft 2-pager containing BMPS as soon as possible
- Bridget to follow up with federal partners again regarding the memo specifying 312 Necessary Action deadlines.
6. Adjourned/Next Meeting Date: February 26, 2019 at 3pm ET.
Questions? Contact Bridget Faust at email@example.com or 651-983-0235.