National Oceanic and Atmospheric Administration July 25, 2019 – Federal Register Recent Federal Regulation Documents

The Harmful Algal Bloom and Hypoxia Research and Control Amendments Act of 2017 (HABHRCA) provides NOAA with authority to determine that a harmful algal bloom (HAB) or hypoxia event in marine or coastal waters is an event of national significance. NOAA may make this determination on its own initiative or upon the request of the Governor of an affected state. Following an event of national significance determination, NOAA is further authorized to make sums available to the affected state or local government for the purposes of assessing and mitigating the detrimental environmental, economic, subsistence use, and public health effects of the event of national significance. Funds would be subject to the availability of appropriations. The Federal share of the cost of any activity carried out for the purposes described above may not exceed 50 percent of the cost of that activity. NOAA is soliciting comments to inform the development of agency policy for determining HAB and hypoxia events of national significance in marine and coastal waters. NOAA will subsequently issue, in the Federal Register, notice of availability of the draft policy and provide an opportunity for formal public comment on the draft policy after it is prepared. Note that HABHRCA provides the United States Environmental Protection Agency (EPA) with comparable authority for determining freshwater hypoxia or HAB events of national significance. The EPA will issue a separate notice to solicit comments on freshwater hypoxia or HAB events.