Jnited States
          3lrotecti'on
 jency
                        EPA MO/6-87-008

                        May 1987
State and  Territoria
Use of

                in*
 Section 106 Clean Water Act)
                                                        lilf ''I?14* ?#»r;?B4WiW«*
                                                        ft^.)^^^^^W^K4^
                                                        ^K'^-^K^m^iffltf1

                                                                     iSiitt
                                                      Is
                                                           , M*S*M««  ..
                                                      ™¥r»»H ™*In!ii!il'l'iii'1J>l:= »W:i*:'*4i * kH'W h wrBll*1*** 'i'h i
                                                      :sii»H*w«V*'!li,A,,]Vi'l|iHl11"" !'r'j'j-i|li|! "i" '^'^ ,«.i*'(i*'Tiiiii5i'iri"!Ji •'
                                                      . j.&:ll.,i'Jiii1rfJJ..p!l,\jl:.i1j:il!^i , iv	i „*',> /M ..ifai-ili,-*,;. i.1.,)


                                                            liglilfe:^

                                                             ^*-sm^
                                                                 sfismsf,


                                                                     aiii
                                                             liilliilll
                                                                       ''siS'S
                                                                SSlL'iSSSt^S'tSsijSS
                              K.^S«
                              i^^jp-Mt;


                       IPPPIII1


                         iwiSlFiSi'SlisSs
                         JW**m^&»


                               llgUfci
                                                                 	ipsi
                                                                 Bl?;Si

                                                                    WiSWfeiiM

                                                                    "^issiif1**
                                                            pr.TiiimH], MiiwryBiiii:,!1]!"11™11" •I1""J"'!'1 "W^lt
                                                            fST^Kf!."^:'!1;,^,^?

                                                             	
                                             DISPLAY COPY

-------

-------
   STATE AND TERRITORIAL USE OF
GROU3SID-WATER STRATEGY GRANT FUNDS
   (SECTION 106 CLEAN WATER ACT)
             May 1987
 Office of Ground-^Water Protection
         Office of Water
U.S. Environmental Protection Agency
         401 M Street, S.W.
      Washington, D.C.  20460

-------

-------
                       STATE AND TERRITORIAL USE OF
                    GROUND-WATER STRATEGY GRANT FUNDS
                      (SECTION 106 CLEAN WATER ACT)
Introduction
     In August, 1984, responding to a  growing concern among local,  State
and Federal officials of the widespread hazards presented by ground-water
contamination, the U.S. Environmental  Protection Agency issued its  offi-
cial Ground-Water  Protection  Strategy.   Designed  to  provide  a  camon
reference for those responsible for ground-water management, the strategy
sets forth a number of  goals that  address critical needs with respect to
ground-water quality.   Foremost among  these  goals is  to provide  much
needed support for ground-water program development and the build-up of
institutions at the  State level.   Specifically, the  strategy encourages
States to engage  in  "...necessary program development and planning,  the
creation of needed data systems,   assessment of legal  and institutional
impediments to comprehensive State management, and  the  development of
State regulatory programs such as permitting and classification."

     Since 1984,   a  principal  source  of  financial  support  for  such
activities has been   State  Ground-Water Strategy Grants (SGWS  grants
or SGWSG  funds) appropriated under section  106 of the Clean  Water Act.
Nearly $14 million dollars in SGWSG funding was provided to States in FYs
85-86 to  support both program development and implementation activities.
Although a number of States had initiated ground-water protection measures
prior to  1984,  very  few had  constructed  a  comprehensive  and  well-
coordinated framework for overall  ground-water protection.  SGWS funding
provided many  States  with an opportunity to either begin instituting a
viable program or to  expand  and  strengthen  their   existing  programs.
Perhaps more  importantly,  the accomplishments made  possible  by  SGWS
grants may be  the  foundation upon which  States will be able  to develop
Wellhead Protection Programs in accordance  with the  1986 Amendments to
the-Safe Drinking Water Act.

Funding Overview

     Ground-^Water Strategy Grants  to  States and Territories  totalled $7
million in FY 85 and  $6.7 million  in  FY 86.  Exhibit 1 presents the dis-
tribution of these  grants to  the  States and Territories.  Each  fiscal
year, as  a basis  for receiving its full  allotment of  SGWSG  funds,  each
State must prepare and attain EPA approval of a consolidated ground-water
work program i  An adequate  work  program must address all  ground-water
program development and implementation activities  funded  under the  SGWS
grant.  To assist the  States in  the  preparation  of  their work plans,
EPA's Office of Ground-Water Protection (OGWP) has issued a  Section  106

-------
                                    (2)

State Ground-Water Strategy Grant  Guidance.   This document provides instruc-
tions for  the development  of State  work programs  and  also describes  the
objectives of EPA's support (i.e.,  SGWS grants) of these programs.  The guid-
ance gives primary emphasis to the  preparation of a State ground-water protec-
tion strategy, which may then be employed as  the conceptual  foundation of a
coordinated State  program.   With   a   well-developed  strategy in  place,  a
State can proceed more expeditiously with program development and implementa-
tion activities.

     OGWP's guidance  encourages  recipients  of  SGWS grants  to  initiate  an
array of  activities necessary  for effective  State  ground-water protection
strategy development  and implementation.  These activities  can be  grouped
into several categories.  They include the creation of a mechanism to promote
interagency coordination, an  assessment  of whether  the  State's legislative/
regulatory framework is  adequate for  program needs,  efforts to classify, map
and otherwise assess the State's ground-water resources, and expansion of the
State's data management capacity and capabilities.

     The intent of  this  paper is to characterize the accomplishments of the
State Ground-Water  Strategy Grants Program during the first two years of its
existence by reviewing the extent to which SGWSG funds have supported activi-
ties consistent  with the  categories  presented  above.   The  information was
derived from periodic reports issued by the EPA Regional Ground-Water Program
Offices and telephone interviews with Regional Office personnel.  The next
section provides a general overview of State activities in FYs 85 and 86 (and
planned for EY 87).  More specific discussions of the types of State activi-
ties funded  through SGWS grants  comprise the  latter part  of  the  report.

Sunmary of State Activities

     Every State and all but  one Territory has participated for at least one
year in  the State  Ground-Water  Strategy Grants  Program,  and all  but three
have participated for  two years.  The impact these grants have had, however,
in the development  and implementation of  State programs  varies widely among
the recipients.   At one end  of the  spectrum are  States such  as Indiana,
Kentucky, Utah  and Nevada, each of which created a ground-water protection
framework almost exclusively  with  SGWSG funds.   The grants truly functioned
as "seed  money"  for their ground-water protection efforts.   In other cases,
the grants were used effectively to expand and increase the scope of existing
programs  that pre-date the SGWSG program.  In  general, most States and Terri-
tories credit their most significant achievements  in ground-water  charac-
terization and  preservation  to  -the  availability and  use  of SGWSG funds.
Although  areawide water management plans developed with funds authorized under
section 208  of the Clean Water Act provided  a  few  States with  support for
ground-water protection,  groundwater  was  rarely  a  priority  concern within
such plans.   SGWS grants  helped to propel  ground-water  issues  to a higher
position  on environmental agendas.

-------
                                  (3)

     Generalizations concerning the use of State Ground-Water Strategy Grants
by the  States and Territories must be drawn carefully, since  the range of
ground-water protection activities which the grants have funded is  extensive.
However the  evidence supports at least the  following general observations:

1)  Consistent with EPA guidance, SGWSG funds have played a critical
    role in the development of State ground-water protection strategies.

     Prior to  1985,  only  eleven States  and Territories had  completed such
strategies.  Since that time, close  to forty  more have used  the grants to
initiate strategy development, and  five of the eleven have used SGWSG funds
to revise their current  strategies.   These efforts have usually been charac-
terized by high level involvement and concern within and across State agencies.
That is,  they have  not  simply been  delegated to  staff within an existing
ground-water office.   Also,  most strategies clearly reflect an attempt to
develop a  comprehensive,   long-range  framework for  ground-water protection,
not just  a temporary series  of  mitigation measures  or  sampling activities.
They seek, in other words, to  institutionalize ground-^water protection at the
State and local  levels.   Other themes evident  within the various  strategies
include the desire and need for greater public awareness and education concern-
ing the threat  of ground-water  contamination,  and the  importance of having
State agencies provide technical assistance to counties and local governments.

2)  Many States and Territories have perceived the need  for better coordina-
    tion among the various agencies involved in ground-^water protection and
    have used SGWS grants to address this need.

     Twenty-eight States and  Territories  have used SGWSG  funds to institute
oversight committees,  task forces  or  advisory groups  to oversee strategy
development and manage the implementation of ground-water protection measures
called  for within the  strategies.   The  need  for such an institution  has
become  increasingly urgent as State Ground-Water Protection Programs,  expand-
ing through  the  impetus of SGWS grants,  have  grown more  comprehensive  and
complex.

3)  The SGWSG Program has contributed significantly to State and Territorial
    efforts to create an accomodative legislative and regulatory framework
    for their maturing ground-^water protection programs.

     The increased priority and attention given  to ground-water quality issues
in recent years, to  which the SGWSG program has contributed, has encouraged
many States  to  examine their  existing legislative/regulatory  framework  for
ground-water quality protection.  Approximately thirty States and Territories
have used grant  funds to  study  the adequacy (i.e.,  scope  and  strength)  of
their legislative and  regulatory authorities,  and a number have  drafted  or
revised rules and regulations in accordance with program needs.

-------
                                 (4)

4)  Persistent emphasis in the use of SGWS grants has been given
    to technical activities designed to map and characterize ground-
    water resources, develop classification schemes, and implement
    quality standards.

     Many States employed SGWSG  funds to acquire ground-jwater characterization
data for the  first time.  The grants have been  used  to support a  variety of
technical programs, and  to  sponsor technical workshops  and training seminars.
In general, SGWS grants have influenced this area of State programs more than any
other, save perhaps for strategy development.

5)  Concurrent with the growing array of technical activities funded by
    SGWS grants is the increasing need for more advanced data base manage-
    ment systems.  SGWSG funds have played an important role in States'
    actions to address this need.

     As State ground-water  protection programs have expanded, many  have found
their existing data collection and their capabilities  for data base management
to be inadequate.  Close to forty States have used SGWSG funds to enhance their
data-carrying capacity by  upgrading  their  data management  systems.  Specific
activities the  grants have  supported include  acquiring access to  the  STORET
system, evaluating  and  updating programming  capabilities,  and developing  a
PC-based data management network.

     Furthermore, the evidence implies that SGWS grants provided an impetus to
seme State legislatures  to  assign greater  priority and to provide  more State
monies for ground-water protection programs.  The  grants,  in effect, served as
a catalyst for  the expansion of interest in and understanding of ground-water
problems and issues.  In States where ground-water problems have been a priority
concern of  public  officials  for  seme  time,   such as  Nebraska,  Florida  and
California, SGWS funds provided additional support to an  already solid framework
for resource management.

     As a  final observation,  SGWSG appear to have been instrumental at times
in overcoming  significant  obstacles  to  the development  of State  strategies
and to the implementation of State programs.   Beyond the obvious problems con-
cerning scarcity  of  funds,  SGWSG  funds  also helped  overcome  bureaucratic
inertia, assisted  in  clarifying the  roles of  competing agencies through  the
establishment of  coordinating  committees,  and  helped stem opposition  from
some industry groups.   Nebraska,  for example, used its grants in part to provide
staff resources  and funding for ;work with and education of  the  agricultural
chemical industry,  which has major concerns regarding the  implementation  of
the State ground-water strategy.

-------
                                 (5)

     ,The following sections address each  of the general categories of activ-
ities cited previously in this report.  Greater detail concerning States' use
of SGWSG  funds  vis-a-vis these  categories  is provided,  and  a  number  of
illustrative examples  are used to  represent  trends among  the  States and
Territories.  Resource  characterization  activities  (i.e.,  classification,
mapping, standards development,  etc.) are  discussed  in the  same  section as
data base management activities, since  an increase  in the  former generally
implies a greater need for the latter.

State Strategy Development

     EPA is convinced that  a well-defined  strategy is  the cornerstone of an
effective State  ground-water  protection  program.   The   Agency  issued its
Ground-Water Protection Strategy to conceptualize Federal responsibilities in
this area, and has, in its guidance to State Ground-Water Strategy Grant recip-
ients, encouraged States  and Territories to do the  same.  A State strategy
should present  the   State's  policy,  and direct  or  chart  out ground-water
protection activities,  on  a  multi-year   or  long-term  basis.   Additional
elements should include identification and ranking of  problem areas, recctmien-
dations for program  elements or management techniques,  and a pragmatically
structured implementation plan.  In effect,  the strategy serves as the frame-
work around which an effective State program can be constructed.

     As noted  in the previous section,  SGWS grants have  been a vehicle for
strategy development  or revision for approximately  90%  of  the  grant  reci-
pients.  Exhibit  II  reveals  the status of  these efforts nationwide.  Approx-
imately ten States and  Territories  had prepared a  strategy or policy (i.e.,
some type of  overall protection framework)  prior to the availability of SGWS
grants.  Some  were developed under the  CWA section  208 program,  a few with
section 205(j) funds and/or State monies.   Several of these,  such as Oregon,
Idaho and Minnesota,  are currently using SGWSG funds  to revise their existing
policy framework  to  provide  more  comprehensive and effective coverage  of
problem areas  that  have  only  recently  gained  widespread  attention.   The
remaining States  and Territories have  used SGWS  grants to initiate  their
attempt to develop and attain approval of a strategy, and about ten have com-
pleted the  effort to date.   The rest are  at different  stages of strategy
development.

     For the majority of States, creation  of a well-conceived strategy has
been the  first  step towards  building  an infrastructure  for  ground-^water
protection.  In  Utah,  for instance,  SGWSG  funds are perceived as the jjnpetus
behind the development of the State strategy, and the strategy is considered
to be  the launching  mechanism for  what is planned to  be  a comprehensive
ground-water protection  program.   Utah,  like Nevada,  Kansas,  Missouri and
several other States and Territories, had no ground-water program to speak of
prior to  the availability  of SGWS  grants.   Consistent  with  EPA guidance,

-------
                                  (6)

they have  all begun their  efforts to build  such a program  by first developing
a strategy.   In contrast,  a few  States had  instituted  ground-water protection
measures long  before the advent  of the  SGWSG Program, yet  lacked  a comprehen-
sive and  cohesive  strategy.   SGWS  grants have  provided  these  States  with an
opportunity to  address this  need,  and  thus  create  a more  adequate conceptual
framework  for their ground-water program.

     A number  of general  themes traverse the numerous State  strategies funded by
SGWS grants.  One of the most persistent is the effort to institutionalize ground-
water protection  within  the  State.  That is,  the  strategies  provide policy
direction  for  the  creation  of ongoing  State programs  designed  for long-term
preservation of  the  resource,  and  address pragmatic needs  such  as  staffing,
financing  and  interagency coordination.   Virtually all assign priority to devel-
oping classification schemes  and  attainable use designations for major aquifers,
supported by quality standards, effective source control measures and monitoring
programs.  In  this  way,  the strategies appear  to promote  the construction of an
effective  framework for  resource management  analogous,  as  noted  by  one EPA
Regional Official,  to  those that  exist "for surface water  and air.   The State of
Maryland,  for  example, has prepared a comprehensive  and  flexible  strategy that
EPA Region III 'officials  consider  a model  for other  States  in  the  Region.
Initiated  through a legislative mandate, Maryland's strategy  exemplifies a dynam-
ic approach to ground-^water  protection in that  it  calls  for annual  review of
State ground-water  programs.  Kentucky's strategy calls for the creation of a new
branch office within the  Division  of Water containing 3 new  sections and 21 new
staff positions, with  technical support.   This truly signifies a  firm conniitment
to an ongoing State program.

     Another recurrent  theme  is  the  desire  for greater  public awareness  and
the need  for  grass-roots  education  concerning the threat of  ground-water con-
tamination.  Several States began the  push towards  increased public awareness of
and involvement in  ground-water protection by providing the general population an
opportunity to participate in  the creation  of the  State strategy.  Utah,  for
instance, held ten  public hearings thoughout the  State and conducted an elaborate
technical review process  wherein  500  copies  of its  Strategy were mailed to the
public, affected industries and government agencies.   Private citizen involvement
was also extensive  throughout the  developmental stages in  Indiana,  West Virginia
and New York.  Other States have opted, in contrast,  to limit the public's role
in the  development  of the strategy,   and  instead launch  an extensive public
information/awareness campaign  after  a   near-final   draft  has  been  prepared.
Examples include Kentucky,  Maryland, and to some  extent, Nebraska.

     Many  State strategies  also stress  the need for State  agencies  to  provide
technical  assistance to  counties  and  local governments, so that  certain ground-
water program  responsibilities might become  less  centralized.   The  State  of
Washington, for example,  calls for  the provision of technical laboratory assis-
tance to  municipalities.    And in  Vermont,  the newly drafted  State  strategy

-------
                                    (7)

 gives special  emphasis  towards encouraging  local  involvement  in  ground-
 water management.    This  theme  is  very  characteristic  of  Vermont's  use
 of SGWSG funds.

      It is also important to note that support for the development of a compre-
 hensive State ground-water protection strategy generally extends well into the
 higher levels of the Executive and  Legislative branches of State governments.
 A number of States began  their  efforts under a legislative mandate while for
 others the impetus  was provided by an  Executive  Order  from the  governor.
 Overall,  the construction  of  State ground-water  strategies  has  received
 close attention  from high-ranking  agency executives and elected officials,
 and has not been delegated to staff.

 Interagency Coordination

      State and  Territorial programs  to protect  ground-water resources  have
 grown increasingly more mature  and complex as a  result of the availability
 of SGWS grants.   It  was therefore  a  logical  next  step,   especially  for
 States which divide the  responsibilities for ground-water protection  among
 a number of agencies, to address the need for better cooperation and coordina-
 tion  among these  agencies.   Hence,  many States  have  used  SGWSG  funds to
 finance the  creation  of  one  or  more  quasi-governmental organizations to
 channel information,  oversee the development of State strategies, and assign
 roles and  responsibilities to competing agencies.  The use of SGWS grants for
 this  purpose is consistent  with EPA's  guidance  to grant recipients, which
 encourages States  to remove institutional barriers  (i.e., overlapping  respon-
 sibilities ,  inefficient transfer   of information,  etc.)  to   comprehensive
 ground-water protection.

      An array of committees, work  groups, task forces  and advisory councils
have  been  formed within the States.  Maryland, for example,  was directed by
 its legislature  to form a ground-water  steering  committee comprised of the
 Secretaries of Health,  Agriculture and  Natural  Resources, and to  develop a
plan  which would integrate and coordinate the State's approach to the protec-
 tion  of its ground-water quality and quantity.  Also required were recommenda-
 tions to the legislature  concerning existing and  potentially new legislative
policies, with a further charge  to  review current  ground water impacts on an
annual basis.  Similar committees have been formed in Virginia, West Virginia,
Mississippi, Tennessee, Kentucky and Delaware.   Two very active organizations
 in Utah, the Ground-JWater Work Group and the Ground-Water Steering Committee,
 lent  valuable  assistance  to  the development of  the  State's  ground-water
strategy.  Both  bodies helped  formulate  the  concepts  and  ideas  outlined
within the  strategy and  also  contributed  to the preparation  of  technical
appendices.  California  maintains  three  separate, permanent   committees to
help  coordinate the  planning and implementation of the  State's ground-water
program.  The first, an Interagency Coordinating.Committee, seats representa-

-------
                                     (8)

 tives of all State agencies with  jurisdiction in ground—-M Lei:, plus EPA  and
 the USGS.   The  second is the  State Regional  Board Coordinating  Conrnittee,
 composed of representatives of  the State Water  Resources Control Board  and
 its nine regional boards.  Finally, the  local Implementing Agency Committee
 coordinates input from local governments and water  districts.. Together,  the
 three organizations provide an effective forum for the exchange of information
 and the assignment of responsibilities.

      Another entity created  to  ensure coordination and efficiency in ground-
 water protection efforts is  the  Wisconsin Ground-Water Coordinating Council.
 Established under chapter 160 of the Wisconsin Statutes and partially funded
 with SGWS  grants, the Council consists of a representative of the Governor's
 office plus the  directors of  all  State agencies  with  responsibility  for
 ground-water management.   Its mandate is  to "advise  and assist State agencies
 in  the coordination of non-regulatory programs and the exchange of information
 related to groundwater,..."   Its  areas of  concern include,  but are  not
 limited to, agency budgets for ground-water programs,  ground-water monitoring,
 data management,  public  information and education,  laboratory analysis  and
 facilities,  research activities and the appropriation and allocation of  State
 funds for  research.    Just as the State's ground-water  standards  assure a
 coordinated State effort in  regulatory programs for  ground-water protection,
 Wisconsin's Ground-Water  Coordinating  Council  assures  the   non-regulatory
 aspects  of the State framework are  efficiently managed as well.

      In  Vermont,  the  principal  authority  for  ground-water  issues  is  the
 Ground-Water Management  Section of the  Department  of Water  Resources  and
 Environmental Engineering, which is part of the State's Agency  for Environmen-
 tal Conservation  (AEC).  The State has established a permanent advisory body,
 the Ground-Water  Coordinating Conmittee,  to assist  the Secretary  of the .AEC
 in  the disposition of  ground-jwater program affairs.   Since a number of State
 agencies in addition to  the AEC  participate  in ground-^water resource manage-
ment  in  Vermont   (e.g.,  Departments of Health, Transportation, Agriculture,
 etc.), the Coordinating Conmittee performs a valuable function.

      The operational mechanics of the kind of organizations exemplified above
tend  to  differ from State to State.   Some  employ formal procedures to expedite
their responsibilities such as Memoranda of Understanding, Memoranda of Agree-
ment  or  official directives.   Others operate  informally and  offer guidance
more  than  explicit direction.  In  any event, it is clear that  such organiza-
tions are  needed if comprehensive  and wide-ranging  State  ground-^water pro-
grams are  to  be  managed  effectively.   Most  SGWS  grant  recipients  are
cognizant of this fact,  and have devoted a portion of their  grant funds  to
this purpose.

-------
                                     (9)
Legislative/Regulatory Actions
     State programs for ground-water protection  cannot be effectively imple-
mented and enforced without an acccmodative legislative and regulatory frame-
work.  It is for this reason EPA has encouraged States and Territories to use
SONS grants to assess the  strength and scope of their existing legal author-
ities as part of their overall program development effort.  In the event that
existing laws were found to be be inadequate and presented a barrier to effec-
tive preservation measures, states  were encouraged to enact appropriate legis-
lation and/or promulgate enforceable regulations.

     Using FYs 85 and 86 SGWS grants, approximately 30 States and Territories
funded studies and assessments  of their existing  legal framework which led,
in a  number of cases,  to the adoption  of new laws,  rules  and regulations.
Officials in the State  of Nebraska,  for instance,  perceived the need for new
legislation during the  development of the State strategy.   The State Legis-
lature responded magnanimously by  adopting four major pieces of ground-water
legislation.  The new acts  govern  the  control and regulation of chemigation,
special protection  areas,  underground  storage tanks and  well  licensing/
construction/abandonment standards.  By force  of these  actions,  Nebraska's
umbrella of  protection  for  its   ground-water  resources  was extended  con-
siderably.  Utah employed SGWSG funds to  assess its  existing legal coverage
of the  following  areas:  agriculture,  on-site waste treatment, hazardous and
solid waste, mining, oil and gas and surface impoundments.  In addition, the
Utah State  Department  of Health has announced  plans to study the  need for
specific legislation in areas not currently regulated.   Utah has  and  will
continue to use its SGWS grants for this purpose.

     Kentucky, in the context of its State strategy development, has drafted
regulations for a number of strategy-related activities.  Most prominent are
those which govern the  State' s  recently Revised Water Well Drillers Program,
which has been funded mainly by SGWS grants.  Regulations concerning all as-
pects of the program, including enforcement procedures, registration forms and
certification  examinations, have been proposed.  Furthermore, State officials
have announced plans to use FY 87  grant  funds to develop  draft classification
and ground-water quality  standards regulations as well.   Kentucky has given
considerable emphasis to ensuring the appropriate  legal  environment for its
ground-water protection program.

     Another State in EPA's Region  IV, Alabama, began its efforts to revise its
legislative framework  in FY  85.   A portion of  the State's initial $155,000
grant for that year was used to initiate the development  of draft impoundment
and monitoring well  regulations.  FY 86 funds were used in part to evaluate
legal/institutional barriers  to Alabama's plans for program construction and
implementation.  Activities  planned for FY  87,  for which the State's FY 87
grant will  provide  support, include  the preparation of  land application,
percolation pond, and ground-water classification  regulations.

-------
                                     (10)

     Much of New Mexico's framework  for ground-water protection pre-dates the
State Ground-Water Strategy Grants program, including numerical standards for
ground-water contaminants and a ground-water discharge permit system.  It was
primarily through the  use  of its SGWSG funds, however, that New Mexico iden-
tified municipal landfills  as  a significant threat  to ground-water quality,
and determined that the State lacked adequate authority to effectively control
these sites.  As a result, the State Environmental Improvement Division (BID)
has been conducting a  study of these landfills that will provide recommenda-
tions for appropriate  regulatory actions.  EID is also expending  SGWS funds
to review ground-water related regulations administered by other divisions of
the State Government.

     A major focus of Oklahoma's use of its State Ground-Water Strategy Grants
has been to evaluate  the effectiveness of, and  increase the consistency be-
tween, ^ the  State's ground-water regulations.   A number of State agencies are
participating in this  effort;  each is   reviewing the  laws and  ordinances
relevant to its  specific program responsibilities.  The  State  Department of
Agriculture, for example, has concentrated on chemigation  and feedlot regula-
tions.  Other agencies conducting  similar reviews include the Oklahoma State
Department  of Health and Oklahoma Water Resources Board.

     Efforts of  this kind are  consistent with the theme, discernible in many
State strategies, that States  are seeking to  institutionalize ground-water
protection within their jurisdiction.  The will and authority to prohibit, re-
strict or regulate activities which threaten to  contaminate ground-water re-
sources must be present  for  ground-water  protection  programs to  succeed.

Resource Characterization/Classification/Data Management

     The final   consideration  of  this  review  of  the  State  Ground-Water
Strategy Grants  Program  is  the extent to which States  and Territories  have
used SGWSG  funds to 1)  generate ground-water characterization and assessment
data, 2) use that data to classify and institute standards for the protection
of ground-water  resources  and 3)  develop or enhance their  capabilities  for
data base  management.   Specific  activities  include  selected  mapping  of
important aquifers,  determining the  interconnection  between aquifers,  creat-
ing monitoring programs, assessing existing data files, and designing software
systems to  manage data more effectively.  The generation and management  of
comprehensive and accurate  ground-water  characterization  data are  fundamen-
tally important  to the creation of State ground-water programs.   Without the
necessary technical data on which to rely, the development of aquifer classi-
fication schemes is not possible.  Nor is it likely that State officials  will
be able  to  devise  sensible and   judiciously-crafted  protection  measures.

-------
                                    (11)

     SGWS grants have  influenced this  area of State  ground-water programs
more than any  other,  save perhaps for State strategy development.   The only
States and Territories that have failed to initiate any activities in this area
are those few which EPA Regional officials have  identified as "problem cases",
lagging far behind in all stages of program construction. Most other grant re-
cipients have expended significant portions of their SGWSG funds to acquire the
technical data needed to support classification  schemes and quality standards,
and to develop an adequate system for managing that data.  Louisiana, for in-
stance, a State  of enormous hydrological' complexity,  employed its  grants to
assess existing monitoring networks, to map the recharge areas of major aqui-
fers, and to conduct a series  of  technical workshops on ground-water topics.
The State maintains  an anti-degradation policy, and  is  using SGWSG funds to
support the analyses needed to establish baseline standards to implement this
policy.  New York has  devoted most  of  its  SGWSG  allottment to  technical
activities, including aquifer mapping and an elaborate pesticide evaluation of
upstate areas,  which should reveal the extent  of ground-water contamination
caused by the use of pesticides.

     Arkansas established much of its ground-water protection structure using
grants authorized under section 208 of the Clean Water Act.  However the State
used its BY 85 allottment  from the  SGWSG program to begin developing ground-
water monitoring systems.  To determine the existence and possible sources of
ground-water contamination,  five  locations in  the State were identified as
representative of the State's diverse geological regions, and prototype moni-
toring plans have been developed for each.  Arkansas' Department of Pollution
Control and Ecology plans to implement one of the prototype plans, and authori-
ties "hope the monitoring activities will help establish a baseline for ground-
water classification and standards.

     The State of Washington initiated or expanded a number of technical pro-
grams with  its SGWS grants.  Examples include programs for ground-water map-
ping, ground-water sampling, and  geographical  information systems (GIS) map-
ping.  In addition, SGWSG  funds were  the  impetus  behind the expansion of the
State's surveillance program for  well drilling practices.  Although general
State funds were used to expand the program staff from one-half person to four,
the needs of the program came  to light as a result  of activities  funded by
SGWS grants. Washington also employed its grants to modify its data management
system for easier access, and to enhance the system's capabilities.

     In Nebraska,  ground-water data was virtually inaccessible prior  to the
availability of SGWS funds since the State had no computerized system on which
to rely.  Approximately $15,000 was spent to access the STORET network and to
help consolidate  the ground-water  data,  resulting in  significantly greater
system capability.  Nebraska also used its SGWS allottment to perform aquifer
mapping and to develop a classification/use scheme.

-------
                                     (12)

     Other States  active in  this area  include  California,  which  enhanced its
capability for  managing  its  ground-water  program  inventory;  Georgia,  which
purchased additional  access to  STOKET;  and North  Carolina, which  initiated an
"expert" ground-water  modeling system to  evaluate permit decisions  and monitor
well siting.  This is  by  no  means  an  exhaustive list.   As  noted previously,
virtually every SOWS  grant  recipient has taken  steps to characterize and assess
the quality of their ground-water resources, to begin classification efforts, and
to increase their data management capacity.  Many have hired additional qualified
personnel such as  hydrologists, geologists  and  computer programmers.   Thus,  it
appears that  SGWS  grants have  contributed as much to  the  pragmatic,  scientific
elements of State ground-water protection programs as they have to the underlying
strategic guidelines.

     Nevertheless, there  is considerable  work yet to  be  done.   In  its recent
review of  ten exemplary State  ground-water protection programs,   the  National
Research Council pointed out  that  even  these  States  have not  yet  achieved  a
comprehensive effort,  despite  the excellent progress which has been made.  Many
States are  just beginning to develop these programs, and such efforts take many
years of institution building.

-------
                                EXHIBIT I

             State Ground-Water Strategy Grant Funding by State


                         GRANT ALLOCATIONS ($OOOs)
REGION/STATE

Region  I
   CT
   MA
   ME
   NH
   RI
   VT

Region  II
   NJ
   NY
   PR

Region  III
   DE
   DC
   MD
   PA
   VA.
   WV

Region  IV
   AL
   FL
   GA
   KY
   MS
   NC
   sc
   TN

Region V
   IL
   IN
   MI
   MN
   OH
   WI
FY 1985
  106
  142
  100
  100
  100
  100
  158
  280
   90
  100
   57
  112
  234
  149
  100
  155
  150
  176
  103
  104
  199
  126
  119
  130
  159
  132
  390
   65
  271
FY 1986
  106
  142
  100
  100
  100
  100
  151
  268
   86
   96
   54
  108
  224
  142
   96
  155
  150
  176
  103
  104
  199
  126
  119
  162
  169
  220
  246
   0
  129

-------
                           EXHIBIT I (Continued)

                         GRANT ALLOCATIONS ($OOOs)
REGION/STATE

Region VI
   AR
   IA
   KM
   OK
   TX

Region VII
   IA
   KS
   MO
   NE

Region VIII
   CO
   MT
   ND
   SD
   OT
   WY

Region IX
   AZ
   CA
   HE
   NV
   GU
   1ME
   TT

Region X
   AK
   ID
   OR
   WA
BY 1985
  107
  113
  100
  100
  200
  102
  100
  117
  100
  100
  100
  100
  100
  100
  100
  203
  300
  100
  117
   42
   35
    0
    0
  145
  134
  132
FY 1986
  107
  113
   96
   96
  111
  102
  100
  117
  100
   96
   96
   96
   96
   96
   96
  105
   55
   96
  111
   50
   60
   55
   75
  108
   63
   70

-------
                                    EXHIBIT   II

         STATUS OF STATE GROUND-WATER PROTECTION STRATEGIES






ALABAMA
ALASKA
ARKANSAS
ARIZONA
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
D.C.
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
a
UJ
a. "~ z
< 0 S
i|"i
to T =
FULLY DEVELOPED
EITHER THROUGH
PROGRAM OR WITI
SOURCES OF FUND


V


V
V


V2
V
\

•M









FULLY DEVELOPED
AWAITING FINAL
APPROVAL







V3






V
V
V




fe-

DRAFT FORM,
UNDERGOING REVI
REVISION
V



V












V





DRAR UNDER
CONSTRUCTION

V

V1








V3







1
Zj
_ _
PRE-DEVELOPMENl
STAGE, CONCEPTl








V









DELAYS CAUSED BY ENACTMENT OF NEW LEGISLATION, REORGANIZATION OF STATE AGENCIES

"FORMAL" STRATEGY DOCUMENT IS NOT YET COMPLETE, BUT STATE HAS ELABORATE AND EFFECTIVE MANAGEMENT PLAN SYSTEM
WHICH FUNCTIONS AS STRATEGY.
STRATEGY DEVELOPED IN 1983, BEING REVISED WfTH SECTION 106 FUNDS.

-------
                           EXHIBIT  II   (Continued)








LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS

MICHIGAN

MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEWYORK
NORTH CAROLINA
NORTH DAKOTA
OHD
0
U
a "~ 2
9; Z CC

cc z ui
O 3 CC








V
V








V





ll
c 1
2 o
a u
V
V




s
V





V
V


V





2
'ELOPMENT
CONCEPTUALI2
SS
ujS
S u>










V




V




CURRQJTSnnRATEGY WAS DEVELOPED WITH SECTION 208 FUNDS, NEEDS TO BE REVISED.
STRATEGY CURRENTLY UNDER DEVELOPMENT IS BASED ON FRAMEWORK DEVELOPED IN 1983 USING CWA SECTION 205fl) FUNDS.

-------
                            EXHIBIT  II  (Continued)




OKLAHOMA

OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN

WYOMING
a
Ul
<§2
FULLY DEVELOPED AND
EITHER THROUGH SECTI
PROGRAM OR WITH ALT
SOURCES OF FUNDING






V








7




FULLY DEVELOPED,
AWAITING FINAL
APPROVAL





V



V
V
V
V
v






DRAFT FORM,
UNDERGOING REVIEW,
REVISION

6
V

Y


V












DRAFT UNDER
CONSTRUCTION
v


V




V





V




z
PRE-DEVELOPMENT
STAGE, CONCEPTUALIZI

















OREGON HAS A WELL-DEVELOPED GROUND-WATER POLICY, WHICH IS EXPANDING TO INCORPORATE A CLASSIFICATION SCHEME,
GROUND-WATER STANDARDS AND IMPLEMENTATION PLAN.
WYOMING DOES NOT HAVE A FORMAL STRATEGY PER SE, BUT DOES MAINTAIN AM EFFECTIVE, PERMIT-BASED GROUND-WATER
PROTECTION PROGRAM. SECTION 106 FUNDS ARE BEING USED FOR IMPLEMENTATION OF VARIOUS MEASURES.

-------
                          EXHIBIT  II  (Continued)




PUERTO RICO
GUAM
NORTHERN MAR1ANNA
ISLANDS
TRUST TERRITORIES
VIRGIN ISLANDS
AMERICAN SAMOA
0
UJ
hi
FULLY DEVELOPED AND AP
EITHER THROUGH SECTION
PROGRAM OR WITH ALTERI
SOURCES OF FUNDING

V



V8




FULLY DEVELOPED,
AWAITING FINAL
APPROVAL










DRAFT FORM,
UNDERGOING REVIEW,
REVISION










DRAFT UNDER
CONSTRUCTION



V
V

V



PRE-DEVELOPMENT
STAGE, CONCEPTUALIZING
V






DEVELOPED STRATEGY WITH SECTION 205fl) FUNDS. NEEDS EXTENSIVE UPDATE AND REVISION.

-------
 slPlwIW
 .'AW'^wa^jtVSir '*!!"''i'*! 'itiiiif^.fei1"1 '«'|!,Xf ^1 itji*!:*^ t
|SllJ|sS?'S^?S*ISe|
     «in'i.'4IM'W'lA P ',, VTO Tj^'ff „;




     i,Sa ii£»: iii; lutf Mi

-------

-------