EPA and the States are accelerating their efforts to prevent and reduce nonpoint source pollution. Congress enacted section 319 of the Clean Water Act in 1987, establishing a national program to control nonpoint sources of water pollution. Under section 319, States address nonpoint pollution by developing nonpoint source assessment reports that identify nonpoint source pollution problems and the nonpoint sources responsible for the water quality problems. States then develop management programs to control nonpoint source pollution. All States now have EPA-approved nonpoint source assessment reports and management programs and are implementing their management programs.
Federal agencies have key roles to play in helping to control nonpoint source pollution.
In recognition of this, Congress included in section 319 a provision to promote the consistency of Federal assistance programs and development projects with State nonpoint source management programs. Section 319 provides for State review of Federal assistance applications and development projects to determine their consistency with the requirements, goals, policies and other provisions of the State's nonpoint source management program. Use of the Federal consistency provision will provide States and Federal agencies the opportunity to improve nonpoint source programs through mutual cooperation and coordination of activities. The guidance that EPA is now proposing to publish on implementation of the Federal consistency provisions is intended to help States and EPA follow through on mutual commitments made between States and EPA to take steps to strengthen the linkage between State nonpoint source programs and Federal programs and activities through section 319. EPA intends to work with States and Federal agencies to support implementation of the section 319 Federal consistency provision.