905R92011 Part II: LINKAGE TO EPA AND OTHER FEDERAL AGENCY PROGRAMS ------- TABLE OF CONTENTS PART II: LINKAGE TO EPA AND OTHER FEDERAL PROGRAMS SECTION 1: LINKAGE TO EPA PROGRAMS 1-1 Wellhead Protection Program 1-3 Pesticides State Management Plan (SMP) Program 1-5 Sole Source Aquifer Protection Program 1-9 RCRA Subtitle C Program 1-11 RCRA Subtitle D Program 1-13 Underground Storage Tank Program 1-15 Super-fund Program 1-17 Oil Pollution Act 1-19 Underground Injection Control Program 1-21 Public Water Supply Supervision Program 1-23 Nonpoint Source Program 1-25 NPDES and Industrial Pretreatment Program 1-27 Storm Water Program 1-29 Sewage Sludge Program 1-31 Coastal Zone Management Program 1-33 Toxic Substances Control Program 1-35 Radiation Program 1-37 Wetlands Program 1-39 Watershed Protection Approach 1-41 Pollution Prevention Program 1-43 SECTION 2: LINKAGE TO OTHER FEDERAL AGENCY PROGRAMS 2-1 United States Department of Agriculture 2-3 United States Department of Defense 2-9 United States Department of Energy 2-13 United States Department of the Interior 2-17 United States Department of Transportation 2-23 United States Nuclear Regulatory Commission 2-27 ------- 1. LINKAGE TO EPA PROGRAMS This section provides a program-by-program discussion of the linkages between the CSGWPP approach and each EPA program that potentially affects ground water. For each program, a brief description of how CSGWPP-supported resource-based decision-making would benefit the program is provided. For most programs, this is followed by a discussion of how the CSGWPP affords greater beneficial coordination to the program. Finally, for programs that provide grants to States, a brief discussion of how those grants can be used in a coordinated fashion to support the development and implementation of CSGWPP follows. The material described below is not meant to take the place of any specific program guidance or regulation, and, where seeming discrepancies might exist, the information in the most current program-specific guidance or regulation must prevail. EPA is in an on-going process to align and update all of its programs related to ground water protection with the CSGWPP approach. ------- 1-3 WELLHEAD PROTECTION PROGRAM Resource-Based Priority Setting in Decision-Making An EPA-approved State Wellhead Protection (WHP) Program will be a required and integral part of the Fully-Integrating CSGWPP. A CSGWPP will emphasize that wellhead protection areas, recharge areas, and basins of drinking water aquifers are to be afforded extra management focus across all programs within the CSGWPP framework. In addition to being an integral part of the priority-setting portion of the CSGWPP, wellhead protection programs will benefit by other activities that make up a CSGWPP. For example, characterization and mapping will aid in delineating actual wellhead protection areas and recharge zones. Coordination with Other Programs Many programs use the wellhead protection areas to identify areas of priority concern. USDA's Conservation Reserve Program, for example, provides incentives to farmers not to conduct practices that may impact ground water in sensitive areas. Other programs use wellhead protection areas as a tool in program management schemes, such as the Public Water Supply (PWS) Supervision Program for vulnerability assessments and sanitary surveys. The vulnerability assessment completed under a WHP Program will meet the requirement of the PWS Program as a first step for a PWS to apply to the State to waive monitoring. The CSGWPP will become the vehicle to further demonstrate the utility of State WHP Programs and ensure that WHP-related activities are carried out consistently across programs. Coordinating Grants To date, grant funding under the Safe Drinking Water Act for State Wellhead Protection Programs has not been appropriated. However, State ground water assessment and characterization activities and other wellhead protection activities are supported by EPA with CWA §106 grants, and wellhead protection is referenced as a viable and valuable activity in the grant guidances of other EPA ground water-related programs (e.g., CWA §319 and RCRA). Within the CSGWPP framework, all of these grants would be coordinated so that the maximum number of wellhead protection areas are established. ------- 1-5 PESTICIDES STATE MANAGEMENT PLAN (SMP) PROGRAM Resource-Based Priority Setting in Decision-Making EPA's Pesticides and Ground-Water Strategy released in October 1991 offers States the flexibility to continue the use of a pesticide that EPA would otherwise cancel due to ground water contamination concerns. States will gain this flexibility by developing and implementing State Management Plans (SMPs), which are designed to ensure that each State can sufficiently manage, control, and enforce pesticide use to protect valuable and vulnerable ground water. EPA will coordinate its efforts with USDA and with State agricultural agencies to alleviate redundancies and ensure consistent regulatory requirements. Figure 11-1 demonstrates that the specific components and adequacy criteria of a Pesticide SMP are closely aligned with those of a CSGWPP. This close alignment means that implementation of a Generic Pesticide SMP1 will meet the general condition of many of the adequacy criteria for a Core CSGWPP that the State's intended comprehensive approach be adopted or implemented by at least one operating program within the State.2 Obviously, however, a Pesticide SMP, even at the Generic level, will require more specificity on pesticide management measures than would be found in a CSGWPP. An SMP should be viewed as a more program- specific version of the more general, but broader scope CSGWPP. The Pesticide SMP approach fully adopts the Agency's overall ground water protection goal and the tiered hierarchy of preferred protection objectives outlined in this CSGWPP Guidance. Under an SMP, States are encouraged to pursue prevention of ground water contamination whenever possible. However, protection of the nation's currently and reasonably expected sources of drinking water supplies, both public and private, is a required SMP priority. Further, ground water that is closely hydrologically connected to surface water must receive priority protection to ensure the integrity of associated ecosystems. According to EPA's draft Pesticide SMP Guidance, a Generic SMP is the State's primary source document which provides the overarching policies and approaches from which Pesticide-Specific SMPs will be derived, if necessary, to address unique concerns for individuals pesticides. 2A State needs to demonstrate, however, that its comprehensive approaches are intended to eventually encompass all ground water protection programs within the State. ------- 1-6 CSGWPP Strategic Activities SMP Components Establish a Common Ground Water Protection Goal Across all Relevant Programs State's Philosophy and Goal Establish Priorities, Based on Characterization of the Resource, Identification of Sources of Contamination, and Programmatic Needs to Direct all Relevant Programs and Activities Basis for Assessment and Planning Define Roles, Authorities, Responsibilities, Resources, and Coordinating Mechanisms for Addressing Identified Priorities Implement Necessary Activities to Accomplish the State's Goal Consistent with State Priorities and Schedules Conduct Information Collection and Management to Measure Progress, Re-evaluate Priorities, and Support aB Related Programs Improve Public Education and Participation in all Aspects of Ground Water Protection Roles and Responsibilities of State Agencies Legal Authority Resources Prevention Actions Response to Detections Enforcement Mechanisms Records and Reporting Monitoring Information Dissemination Public Awareness and Participation Figure II-.1. Relation of the Six Strategic Activities of a CSGWPP to the 12 Components of a Pesticides State Management Plan. ------- 1-7 PESTICIDES STATE MANAGEMENT PLAN (SMP) PROGRAM (continued) Coordination with Other Programs Examples of how CSGWPPs will contribute to coordinating or promoting consistency between key activities of SMPs and other ground water-related programs include: • Coordination and priority-setting under CSGWPPs will promote better integration of the regulatory and non-regulatory prevention measures called for by an SMP, such as those available under FIFRA and the CWA's Nonpoint Source Program, as well as needed monitoring information, available from a number of programs. • CSGWPP efforts to define roles, responsibilities, and coordinating mechanisms will further clarify and build on foundations laid under SMPs to define roles, and promote coordination between agricultural agencies with primary pesticides management responsibilities and water, environmental, or health agencies with primary ground water resource responsibilities. • Efforts under CSGWPPs to promote State legal authorities and to form coordinated enforcement strategies for ground water protection will also strengthen legal and enforcement capacity to protect ground water from pesticides. • Coordination mechanisms developed under CSGWPPs should establish links at the State level to other federal agencies with ground water protection responsibilities. These links should facilitate the targeting of non-EPA federal water quality projects to address a State's SMP priorities. Coordinating Grants CSGWPPs will help coordinate CWA, SDWA, CERCLA, and RCRA, as well as FIFRA funding for activities that will help meet the adequacy criteria of both CSGWPPs and SMPs. For example, money from §106 of the CWA could support State efforts to assess and identify the areas most vulnerable to ground water contamination by pesticides as a basis for establishing priorities for protection. FIFRA funding would be available for tailoring pesticides management practices to certain critical areas and for ------- 1-8 PESTICIDES STATE MANAGEMENT PLAN (SMP) PROGRAM (continued) outreach to the agricultural community. State agriculture agencies would work with State water quality agencies to utilize their expertise and facilities for monitoring, assessments of aquifer sensitivity, data management, and other activities necessary for SMP development. Under the CSGWPP approach, SDWA funding of PWSS monitoring, enforcement, and vulnerability assessments could also be coordinated to provide significant information to a State for developing and improving its SMP. Finally, the coordination mechanisms developed under CSGWPPs also have the potential to facilitate the targeting of grants from other federal agencies, such as USDA, to support SMP activities or to get the State agencies involved in SMP implementation in the selection of federally-funded water quality projects. ------- 1-9 SOLE SOURCE AQUIFER PROTECTION PROGRAM Resource-Based Priority Setting in Decision-Making The Sole Source Aquifer (SSA) Protection Program is a resource-oriented ground water contamination prevention program. It is one of many tools that should be utilized in a CSGWPP to increase public awareness of the value of ground water as a resource and to prevent contamination from federal financially-assisted projects. The SSA Protection Program's objectives and activities correspond to the Strategic Activities of a Comprehensive Program. Common management measures in both programs include resource assessment, identification of important resources for setting priorities, development of management options, and involvement of State and local governments. The CSGWPP approach should provide the framework for increased State participation and improved EPA decision-making in determining priority SSA designations and project reviews. State and local prevention, control, and remediation efforts within SSA designated areas should be prioritized and managed through a CSGWPP. Coordination with Other Programs Under coordination efforts of a CSGWPP, SSA protection activities should significantly support the development and implementation of other ground water- related programs in the following ways: • Contributes valuable aquifer characterization and assessment information to assist States in setting priorities; • Assists States in establishing priority ground water protection areas based on use and value of the resource; • Implements a pollution prevention program for reducing or eliminating pollution in SSA areas; • Uses a broad range of education, voluntary, and regulatory techniques to protect the resource; and • Provides opportunities for monitoring, data collection and data analysis of the nature and quality of ground water. ------- 1-11 RCRA SUBTITLE C PROGRAM Resource-Based Priority Setting in Decision Making The FY 1992 RCRA Implementation Plan indicates that the RCRA program is implementing a cooperative strategic framework with the States which is designed to: (1) identify regional and State-wide environmental priorities among all facilities in the RCRA universe, and (2) use these priorities to select the most appropriate allocation of resources for RCRA permitting and cleanup activities. One factor in setting these priorities will be the use, value, and vulnerability of the ground water. Since CSGWPPs encourage States to develop systems that allow resource-based priority setting, the CSGWPP approach should serve as an integral part of the efforts the States and RCRA are undertaking to implement this strategy for setting RCRA priorities. An adequate characterization of a State's ground water resources developed as part of the implementation of a CSGWPP could supply much useful information that may be useful in implementing current and future RCRA-related activities. RCRA corrective actions to cleanup releases of hazardous waste and constituents are conducted on a site-specific basis, and take into account ground water protection as a major factor in selecting cleanup remedies. The information generated as part of a CSGWPP will help to ensure that site-specific decision making will be conducted in the context of the regional ground water resources. In addition, future regulation on location standards for RCRA facilities is likely to be integrated with regional ground water resources identified and characterized as part of a State's CSGWPP. Coordination with Other Programs Subtitle C permits should be coordinated with UIC, NPDES, and Wetlands (§404) permits. When these and other ground water-related programs are all implemented within the CSGWPP framework, consistency among priorities and pollution prevention measures will be significantly enhanced. Overall implementation will be more efficient and effective. Some commentators noted that RCRA's requirements on the handling of pesticide wastes were burdensome. The Office of Solid Waste will explore this problem with the Office of Pesticide Programs. Coordinating Grants RCRA implementation grants can be used, in part, to support general assessment and infrastructure building, as long as the activities funded demonstrably aid in implementing RCRA. Because of RCRA's emphasis on State-led, priority-based decision making, activities such as assessment, mapping, and characterization of ground water resources would fit this criterion. These activities are also key in other programs and are essential to developing and implementing a CSGWPP. As such, ------- 1-12 RCRA SUBTITLE C PROGRAM (continued) the RCRA grants should be coordinated with funds from a variety of programs. The CSGWPP supplies the coordinating framework which ensures that no unnecessary duplication of effort exists across programs, thus assuring that grants from RCRA and all other programs provide maximum overall benefit. ------- 1-13 RCRA SUBTITLE D PROGRAM Resource-Based Priority Setting in Decision Making Under the Subtitle D program regulations on municipal landfill criteria, States have the opportunity to adjust certain aspects of the EPA-promulgated standards concerning landfill design, monitoring, siting and corrective action. To gain this flexibility, States must have EPA-approved municipal solid waste landfill permitting programs. When an approved State makes a site-specific permit decision on landfill design or monitoring requirements, it may do so based, in part, on the relative vulnerability of the ground water. For corrective action requirements, decisions can be based, in part, on the underlying ground water's use, value, and vulnerability. Assessment and characterization carried out under the strategic activities of the CSGWPP can be used to help demonstrate to the EPA Regional Administrator that their Municipal Waste Programs adequately incorporate Subtitle D federal guidelines. Other Subtitle D programs for solid waste (e.g., mining, oil and gas, and industrial wastes) are just beginning to be developed at this time. EPA expects these Subtitle D industrial programs to incorporate the CSGWPP approach and allow States to make decisions on aspects of landfill design, monitoring requirements, or corrective action requirements based, in part, on the use, value, and vulnerability of the ground water. Coordination with Other Programs The RCRA Subtitle D program already has developed ground water monitoring requirements for municipal solid waste landfills. These requirements allow the use of a sampling and analysis program that accurately represents the ground water quality at a particular site. A CSGWPP could ensure the development of a consistent monitoring program applicable to both Subtitle D facilities and to other programs such as the UST program that may affect ground water. A number of industrial facilities and operations likely to be covered under future RCRA Subtitle D regulations for industrial solid waste also will require NPDES permits for surface water discharges, for sewage sludge facilities, or for industrial pretreatment permits from POTWs and also may be subject to the SDWA Underground Injection Control Program, particularly Class V regulations. The CSGWPP will provide a framework for better coordination of these programs to avoid cross-purposes in objectives and approaches. EPA will also work to coordinate these regulatory activities through the Agency's Ground Water Cluster. ------- 1-14 RCRA SUBTITLE D PROGRAM (continued) Coordinating Grants Grants given to States to develop an understanding of the characteristics of their ground water will be coordinated with grants from other programs so that duplication is avoided when a State implements certain functions such as monitoring. (See also the discussion under RCRA Subtitle C.) ------- 1-15 UNDERGROUND STORAGE TANK PROGRAM Resource-Based Priority Setting in Decision-Making Under EPA's UST Program, minimum federal standards are set and a State is allowed to be more stringent or different if the State's program is no less stringent and provides for adequate enforcement of compliance. Because the program's size often overwhelms the ability of the States to staff the program, EPA encourages States to implement UST programs and achieve compliance through a variety of State-specific management measures and mechanisms. The UST program offers States flexibility in the following ways: • The UST program encourages States to set enforcement priorities and do multimedia enforcement. • The federal UST program defines minimum standards and allows States to set more stringent or different (but no less stringent) standards for prevention and detection of releases from USTs, for site characterizations, soil and ground water cleanup investigations, and remedial action for releases from USTs. Maximum flexibility is realized when a State is authorized to implement its UST in lieu of the federal program. To be approved, the State must demonstrate that it has additional funding sources, adequate staff, authorities that are no less stringent than the federal UST program in scope and regulation, and capacity and willingness to enforce the program. The ground water assessment and characterization efforts carried out under the priority setting Strategic Activity of a CSGWPP will help a State better determine its UST program priorities in regard to inspection and enforcement actions and program resource allocations. Information provided by the CSGWPP approach on the relative use and value of ground water resources also will assist in UST program decision- making regarding cleanup investigations and corrective actions. Coordination with Other Programs Because the UST program seeks to regulate potential sources of ground water contamination (i.e., underground storage tanks), there are several specific links between a State's UST program and its CSGWPP. For example, the UST program requires all UST owners to notify the State of existing underground storage tanks. This inventory will assist the States in cataloging and assessing one potential source of contamination. ------- 1-16 UNDERGROUND STORAGE TANK PROGRAM (continued) A number of facilities and operations with underground storage tanks may also be subject to requirements by other ground water-related programs, such as SDWA underground injection controls or RCRA hazardous waste or solid waste management. The CSGWPP will provide a management focal point for a State to establish more coordinated inspections and enforcement schemes across ground water-related programs. Presently many States' LIST programs barely have enough personnel to meet their enforcement needs. Through the integration provided by the CSGWPP, State personnel from other programs may be trained to look for LIST violations or to take enforcement actions. Facilities with underground storage tanks often are located in an area where ground water remediation efforts are being considered. Knowledge of the presence of underground storage tanks in such areas may be crucial information in determining the source and responsibility for an area's contamination and means for successful remediation. Under the LIST program, owners are required to notify the State of existing underground storage tanks. Inclusion of such information in the CSGWPP strategic activity of coordinated ground water data bases within the State could greatly assist other programs' field personnel in determining appropriate actions. Coordinating Grants The federal LIST program provides grants to States to prevent, detect, and correct leaks from underground storage tanks containing petroleum and other hazardous substances. As a result, UST grant funding, which supports the development and implementation of an UST regulatory program, also can support the following corresponding CSGWPP activities: identifying sources of contamination; establishing a comprehensive remediation program that sets priorities according to risk; defining federal, State, and local enforcement authorities; conducting monitoring, data collection, and data analysis; and improving public participation. ------- 1-17 SUPERFUND PROGRAM Resource-Based Priority Setting in Decision Making The Superfund program was created by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. The Superfund program is designed to respond to contamination at sites with uncontrolled hazardous substances. Sites that are candidates for Superfund response action first undergo a Preliminary Assessment and Site Investigation (PA/SI) in order to quantify the human health and environmental risk posed by the site. Sites are then evaluated under a number of risk related and other factors set out in the Hazard Ranking System (MRS) to determine if the site is a priority for possible remedial action and inclusion on the National Priority List (NPL). A CSGWPP may influence this process in the following areas. Priorities for conducting MRS assessments and for taking short-term removal actions are determined by the threat that potential contamination may pose. A State's ability to demonstrate, through a CSGWPP, that it understands the use, value, and vulnerability of its ground water could be an important factor in setting priorities for PA/SI and MRS listing evaluations or other actions. By helping to establish high priority candidate sites, the State can influence which of its sites ultimately get on the NPL, and become eligible for longer term remedial action. Once on the NPL, the Superfund policy is to address the worst sites and worst problems at sites first, based on an assessment of risk to human health and the environment. Thus, a CSGWPP can assist in determining which studies and sites will receive priority Superfund attention. EPA's goal for long-term cleanup of NPL sites includes returning usable ground waters to their beneficial uses within a reasonable period of time, wherever practicable. When selecting a remedy and determining remediation requirements for long-term cleanup at a site, EPA considers both the anticipated uses of ground water and established State standards. A clear understanding of ground water resources in the State, demonstrated through consistent application of a CSGWPP, can help inform these site-specific decisions. The Superfund Program is currently working to develop a more integrated approach for its site remediation program, and to identify opportunities for adopting innovative approaches to restoration and management of hazardous waste sites. Superfund will also be looking for ways to increase State participation in the remedial decision process, where allowed by statute. ------- 1-18 SUPERFUND PROGRAM (continued) Coordination with Other Programs Superfund remedial actions are required to comply with (or justify a waiver of) applicable or relevant and appropriate requirements (ARARs) of State environmental laws that are promulgated, timely identified, and consistently applied in similar situations. ARARs pertinent to ground water remedial actions include standards established by various State and Federal environmental statutes. Ground water cleanup levels are determined for each Superfund site based on ARARs and/or on acceptable human health and environmental risk levels for all potential exposure pathways. ARARs and risk levels are determined for both current and reasonably expected future use of the ground water. Other EPA programs, such as RCRA Corrective Action, use a similar approach for setting cleanup levels for contaminated ground water. Under the CSGWPP approach, current and reasonably expected uses would be determined by a State and would be consistently applied to all State and Federal programs. Where a CSGWPP is in place, the Superfund program may provide flexibility to focus more intensive long-term remedial efforts at sites where ground water is more highly valued by the State and less intensive efforts (i.e., longer restoration time periods) in other areas. Coordinating Grants A State or Indian Tribe may enter into a Core Program Cooperative Agreement to build and enhance its capabilities to respond to uncontrolled hazardous substance sites and to promote more effective State participation in the Superfund program. The Core Program focuses on assisting a State to develop its ability to support or implement emergency and long-term response under the Superfund program. The Core Program Cooperative Agreement may enable EPA Regional Offices to fund appropriate ground water tasks that contribute to the recipients ability to implement Superfund and also are useful to comprehensive ground water management in a State. Examples might include development of ground water sampling protocols or design of risk assessment criteria and procedures, and other similar components that also could support a framework for a CSGWPP. ------- 1-19 OIL POLLUTION ACT Resource-Based Priority Setting in Decision Making The Oil Pollution Act of 1990 (OPA) provides EPA (and the Coast Guard) with expanded authorities to address discharges of oil that pose substantial threats to public health or welfare and natural resources. Section 311 of the Clean Water Act, which is implemented through the National Contingency Plan like CERCLA, empowers EPA to arrange for the removal of oil discharges or to mitigate or prevent the substantial threat of the discharge that threatens public health or welfare. A comprehensive assessment of a State's ground water resource carried out as part of a CSGWPP will support speedy and effective actions under Section 311 by better identifying the ground waters, and surface waters closely hydrogeologically connected to ground waters, that could be affected by a discharge of oil, and by identifying reasonably expected sources of drinking water that could be threatened. This will help to determine when removal actions are necessary. Coordination with Other Programs The ARARs pertinent to removal actions involving oil discharges into ground water that threaten surface waters will, under the CSGWPP approach, be based on an understanding of the ground water resource and its use, value, and vulnerability that is common to all programs in the State. ------- 1-21 UNDERGROUND INJECTION CONTROL PROGRAM Resource-Based Priority Setting in Decision Making CSGWPP resource-based priority setting will help make permitting, inspection, and enforcement actions for all classes of underground injection wells more effective and efficient. The overall CSGWPP framework will supply the States with an important understanding of the use, value and vulnerability of their ground water resources that will be useful in UIC programs involving all classes of wells. UIC Class I hazardous waste injection wells (deep industrial disposal wells), for example, are permitted under the SDWA and by rule under RCRA Subtitle C. Before operation such wells must be determined not to endanger human health or the environment. Comprehensive assessment of the ground water resource will expedite the identification of all potentially threatened ground waters and confining layers, and will help to ensure complete and accurate monitoring and identification of potential migration in the subsurface. The requirements currently being developed for UIC Class V wells (shallow drainage and miscellaneous wells) also demonstrate how CSGWPPs will support resource-based decision making. Under the regulations and guidance being developed by the UtC program, the most environmentally harmful Class V wells (e.g., service station drains, industrial waste disposal wells, etc.) will be controlled by permits; other Class V wells will be controlled by general rules supplemented by guidance or proper practices to comply with those rules. Although the controls placed on these wells will be tied to the level of contamination being injected, the use and value of the underlying ground water resources could be a key consideration in the setting of priorities under this approach. Coordination with Other Programs The UIC program, and particularly the Class V component, will benefit from being linked to other ground water programs within the CSGWPP. Other programs, such as the WHP program, will assist in identifying Class V wells that have not been inventoried. Under the WHP program, sources of contamination within WHP areas must be identified. Any Class V wells identified during the WHPP inventory can be added to the Class V inventory. Similarly, any Class V wells identified during RCRA Facility Assessments (RFAs) or CERCLA Preliminary Assessments and Site Investigations (PA/SIs) could be added to the Class V inventory. Efficiencies involving the UIC program and other programs will also be created through the CSGWPP. The UST program, for example, will be able to benefit from joint inspections at gasoline stations that address both Class V wells and underground storage tanks. Pesticide SMPs can include UIC Class V measures to avoid ground water contamination caused by disposal of residues from mixing or washing in shallow drainage wells. UIC Class V inventories will be useful sources of information in RFAs and PA/SIs. ------- 1-22 UNDERGROUND INJECTION CONTROL PROGRAM (continued) Coordinating Grants States can use UIC grants for activities such as mapping, inventorying, and data management. For these activities, grant guidances among all programs allowing funds to be used for these purposes could be coordinated to insure synergies and to reduce unnecessary duplication among programs. ------- 1-23 PUBLIC WATER SUPPLY SUPERVISION PROGRAM Resource-Based Priority Setting in Decision-Making The protection of public water supplies (PWS) is a high priority for Comprehensive Programs. This is evident by the CSGWPP adequacy criteria requiring implementation of an EPA-approved State Wellhead Protection Program (WHP) for a Fully-Integrating CSGWPP. A State's WHP, coupled with other CSGWPP efforts, will provide information on the 'Vulnerability" or susceptibility of source waters of individual PWS systems to contamination. Under the Public Water Supply System Program, States have the flexibility within the Program to: (1) Work toward flexible federal monitoring requirements for individual water supply systems with less burdensome PWS monitoring requirements; (2) Offer water suppliers opportunities for obtaining waivers from monitoring requirements for certain contaminants, if their systems are not vulnerable to contamination; (3) Use PWSS enforcement actions to support development and implementation of local wellhead protection programs. CSGWPPs can provide data and information upon which to initiate enforcement actions, (i.e., SDWA §1431 emergency orders); (4) Allow more flexibility in the application of the "timely and appropriate" enforcement criteria for violations of the SDWA, particularly PWSs that are in significant noncompliance SNC, if a State can demonstrate that an enforcement action, based on data from a wellhead protection program or other ground water activities, can appropriately address and mitigate the violations; (5) Set the phase in schedule (beginning in 1993) for monitoring under the new "standardized monitoring framework," implementing a three year compliance period. Setting priorities for targeting when systems would be phased in may be based in part on the use, value, vulnerability of ground waters and extent of data available. Making determinations using these factors would be greatly enhanced by the coordination achieved and data developed under a CSGWPP; and (6) Enhance Sanitary surveys where use of wellhead protection area delineations and contaminant source surveys, pesticide application information and a pesticide management plan, and other information could be used. ------- 1-24 PUBLIC WATER SUPPLY SUPERVISION PROGRAM (continued) Coordination with Other Programs Given the high priority of protecting PWS under a CSGWPP, a State's PWSS Program will benefit significantly from the CSGWPP's objective of coordinating and targeting the numerous ground water protection efforts of federal, State, and local programs. Coupled with Wellhead Protection Programs, the source inventory and characterization efforts of numerous source-specific programs (e.g., UIC, LIST, Pesticides SMPs, NPS, etc.) should assist the PWSS Program in determining the "vulnerability" or susceptibility of water supply systems to different potential contaminants. Furthermore, these programs should significantly assist the PWSS Program in achieving permanent solutions to contamination by focusing on preventing or mitigating source water contamination rather than often costly treatment by individual PWS systems. In addition to receiving benefits from the CSGWPP approach, the PWSS Program has much to add. For example, the ability of the PWSS Program to take civil action on an emergency basis to address contamination of underground sources of drinking water (Section 1431 of SDWA) should be integrated under the Comprehensive Program approach with other programs' regulatory and non- regulatory efforts to provide a broader array of tools to address ground water concerns. Also, under a CSGWPP coordination objective, the monitoring data collected by PWS systems should be integrated with other programs' information (e.g., source inventory and characterization data) to derive better understanding of the environmental fate and movement of contaminants. Greater accessibility of environmental data across programs also would allow vulnerability assessments to be done by automated processes rather than solely by expensive field investigations, facilitating the issuance of monitoring waivers. In addition, some States would not be able to support a waiver program without a coordinated information program mechanism in place to increase confidence in waivers. Finally, the PWSS laboratory certification programs should be better coordinated, under the CSGWPP approach, with other programs' monitoring efforts to help ensure more accurate information across all ground water-related programs. ------- 1-25 NONPOINT SOURCE PROGRAM Resource-Based Priority Setting in Decision Making Authorized under §319 of the CWA, the Nonpoint Source (NPS) Program provides grant funds for implementing control activities and institution-building activities based on a State's federally-approved NPS Assessment and Management Program. The program focuses on both ground water and surface water, with a minimum of 10 percent of the grants going for ground water-related activities. On average, the States devote more than 10 percent, with 30 percent going towards ground water-related funding in FY 91. A State must have an EPA-approved NPS Management Program to be eligible to receive NPS grants. Section 319 requires State NPS Management Programs to identify, among other things, best management practices and measures to be implemented to reduce NPS pollutant loadings, to set up a schedule for implementing the measures, and to define authorities. Only priority ground water protection activities identified in an approved management plan are eligible for §319 grant funding, either by direct identification in the NPS Management Plan or by reference to the CSGWPP. Therefore, the ground water protection priorities established by a CSGWPP should have a direct link to the priorities of the State's NPS Program. This link should focus §319 NPS efforts on the most valuable and vulnerable ground waters. Coordination with Other Programs Because CSGWPPs require that States define roles and coordination points between and among ground water-related programs, the CSGWPP will provide a means by which the NPS program will have information about all of the other ground water-related programs. This should decrease unnecessary duplication and increase efficiency in the §319 program. For example, coordination afforded by a CSGWPP should promote better integration of NPS prevention activities and prevention measures under EPA's Pesticide State Management Plan (SMP) approach for protecting ground water from pesticides contamination. Integration between the NPS Management Program's requirements and those of upcoming Underground Injection Control (DIG) Class V regulations and guidance, particularly for agricultural drainage wells, can also be facilitated by the CSGWPP approach. At a minimum, a CSGWPP should ensure that these major national programs are not working at cross-purposes within the State. Coordinating Grants The bulk of §319 grants must be used for implementing NPS control activities for either surface water or ground water quality concerns. Considerable and wide- ranging ground water protection efforts have been undertaken through these NPS ------- 1-26 NONPOINT SOURCE PROGRAM (continued) grants, including abandoned well plugging, agricultural drainage well siting and closure, installment of best management practices in the field, and improved septic tank maintenance. Many of these activities would meet the objectives of other EPA programs (e.g., Coastal Nonpoint Programs, UIC, LIST, Pesticides, RCRA). CSGWPP coordination of the NPS efforts with the control efforts supported by other programs will provide a vehicle for establishing and focusing joint efforts on highest ground water priority concerns. EPA's Section 319 grant guidance requires that at least 10% of a State's work program be devoted to addressing priority ground water nonpoint source activities. However, where the requisite information to establish State implementation priorities is lacking, the State is encouraged to use Section 319 grants to further its assessment and characterization of ground water resources and to establish a basis for identifying priority protection needs prior to undertaking any site-specific measures. ------- 1-27 NPDES AND INDUSTRIAL PRETREATMENT PROGRAM Resource-Based Priority Setting in Decision Making Under the Clean Water Act, EPA and the States regulate facilities that either discharge wastewaters directly to surface waters or discharge to municipal wastewater treatment systems. Direct discharges are covered under the National Pollutant Discharge Elimination System (NPDES), whereas industrial discharges to municipal treatment systems are covered by pretreatment requirements. The primary objective of these regulatory programs is to ensure the attainment of the "designated uses" (e.g., fishable, swimable) of receiving surface waters. While a number of States have incorporated ground water discharges into their NPDES permits and pretreatment requirements, there is no national requirement to do so. States might consider surface water recharge to valuable ground waters as a designated use for surface water and issue specific NPDES permit requirements designed to assure attainment of that designated use and, thereby, indirectly protect inter-connected high priority ground waters. States could use the resource assessment, source evaluation and priority setting mechanism of CSGWPPs to identify high-priority ground waters that are subject to contamination from closely hydrologically connected surface waters. Coordination with Other Programs CSGWPPs can provide a central coordination point for surface water regulators to coordinate with ground water officials from a wide variety of ground water-related programs. For example, a number of facilities with required NPDES or pretreatment permits for surface water protection are also likely to be subject to future RCRA D and SDWA Underground Injection Control Class V Well requirements. The CSGWPP can help a State make integrated environmental management decisions across both ground and surface waters. In other words, States can use their ground water protection authorities in conjunction with the NPDES permitting process to ensure that specific requirements in NPDES permits do not result in unintended contamination of sensitive ground water from practices such as the use of surface impoundments. ------- 1-29 STORM WATER PROGRAM Resource-Based Priority Setting in Decision Making Industiral storm water discharges to surface waters and discharges from municipal separate storm sewer systems serving populations greater than 250,000, are regulated through National Pollutant Discharge Elimination System (NPDES) permits. Storm water management can affect ground water in a number of ways -- some storm water management practices may be designed to recharge ground water in urban areas as an important means for water supply storage; other storm water controls focus on pollution prevention controls which reduce risks to both surface and ground water; and in some industrial and agricultural situations, storm water collection devices or best management practices (BMPs) may transfer contaminants to underlying ground waters. In any of these cases, this water may eventually re-enter the surface water again as ground water discharges to streams and lakes. Given the possible inter-connection between storm water management and ground water, it is important to consider potential ground water impacts, particularly where this underlying resource is highly valuable or closely hydrogeologically linked to surface water quality. To address the potential for ground water contamination, storm water BMPs should be developed to reflect States' CSGWPP resource protection objectives and priorities. Coordination with Other Programs Coordination within the CSGWPP framework among the NPDES program, UIC Class V program, the NPS program, and the Wellhead Protection Program will help focus efforts to manage cross-media impacts and avoid having major national programs working at cross-purposes within the State. ------- 1-31 SEWAGE SLUDGE PROGRAM Resource-Based Priority Setting in Decision Making Requirements to protect public health and the environment from the adverse effects of pollutants that may be contained in sewage sludge are authorized by Section 405 of the Clean Water Act. The CWA Sewage Sludge Program has proposed regulations for the final use and disposal of sewage sludge. Requirements already exist under RCRA for sewage sludge that is determined to be hazardous. Sludge determined to be hazardous under RCRA must be managed in RCRA Subtitle C facilities. Sludge disposed in municipal solid waste landfills, which frequently receive sludge from POTWs, must be managed in facilities that satisfy the RCRA Subtitle D regulatory requirements. Both the Subtitle C and D requirements include location standards and ground water monitoring and remediation, if necessary. Some commentators were concerned about possible duplicative regulation. The Sewage Sludge Program and the RCRA Program will coordinate their efforts to alleviate excessive duplication. Proposed rules on management of sludge under the CWA Sewage Sludge Program in landfills limited to sewage sludge monofills are expected to set limits on concentrations of certain pollutants in sludge placed in monofills so as not to exceed ground water MCLs or contaminate an aquifer with nitrogen. Proposed rules on land application of sludge are expected to include both management practices and national pollutant limits, including pathogen requirements and limitations on the concentrations of certain metals. Sludge application rates also should minimize the amount of nitrogen that passes below the root zone to the ground water. A comprehensive ground water assessment carried out under a CSGWPP will assist the implementation of these requirements by ensuring accurate and timely information about the condition of the ground water resources. Coordination with Other Programs The development of priorities through the CSGWPP process will help to coordinate the sewage sludge program with other programs in the State in several ways. Decisions about capacity and siting of RCRA Subtitle D facilities, for example, will affect how sludge is managed. Similarly, decisions concerning discharges into POTWs may affect whether sludge can be used in land application or must be managed in RCRA Subtitle C facilities. ------- 1-33 COASTAL ZONE MANAGEMENT PROGRAM Resource-Based Priority Setting in Decision Making The Costal Zone Management Act (CZMA) authorizes and supports State programs for protecting the Nation's coastal waters. Amendments to the CZMA in 1990 established a significant initiative to control non-point source pollution to coastal areas. Each State with a federally approved Coastal Zone Management Program must submit a Coastal Nonpoint Program containing the following: 1) provisions for implementing management measures to protect coastal waters; 2) identification of land uses which may cause or contribute significantly to coastal waters degradation; 3) identification of critical coastal areas adjacent to coastal waters which are impaired or threatened by NPS pollution; 4) provisions for implementing additional management measures for land uses or critical coastal areas as necessary to achieve and maintain water quality standards; 5) programs to provide technical assistance to local governments and the public; 6) public participation opportunities in all aspects of the program; 7) modification of coastal zone boundaries as necessary to implement NOAA's recommendations; and 8) enforceable policies and mechanisms to implement the management measures. EPA plays a critical role in this initiative by having the responsibility to develop guidance specifying management measures for controlling the various nonpoint sources in coastal areas. In addition, both EPA and the National Oceanic and Atmospheric Administration (NOAA) must approve State Coastal Nonpoint Programs. CSGWPPs have a primary function of identifying ground waters of high use, value, and vulnerability, which would include those ground waters that are closely hydrogeologically linked to coastal waters and which are capable of carrying contaminants to sensitive coastal waters. The Comprehensive Program can assist State Coastal Nonpoint Programs by identifying where ground waters play a significant role in coastal waters protection. Coordination with Other Programs Strong potential linkage exists between State Coastal Nonpoint Programs and CSGWPPs. For example, in many coastal areas, which include estuaries, ground water nutrient contribution (especially nitrogen) is contributing significantly to eutrophication problems of coastal waters. Sources of this ground water contamination can include septic tanks from coastal developments or fertilizer use in agricultural areas adjacent to coastal land. The CSGWPP can also assist in coordinating a number of other EPA programs (e.g., RCRA, CERCLA, Pesticides) to reduce coastal water impacts from toxic chemicals by protecting, as a priority, ground water closely linked to coastal waters. ------- 1-35 TOXIC SUBSTANCES CONTROL PROGRAM Resource-Based Priority Setting in Decision Making EPA is interested in applying its capabilities and authorities under the Toxic Substances Control Act to address local environmental needs and problems. CSGWPP priorities provide an immediate context in which EPA and States can test the geographically-specific applications of certain TSCA authorities. Presently, a number of TSCA authorities can support the Strategic Activities of a CSGWPP, including: • EPA toxicity determinations, exposure determinations, and risk assessment capabilities under TSCA could support CSGWPP priority- setting. For example, various EPA capabilities, such as testing authorities, Graphic Exposure Modeling Systems, and others, could provide information to assist States in identifying risk-based geographic priorities for ground water protection and in establishing ground water protection priorities across contamination sources. • EPA risk reduction decision-making capabilities could support the pollution prevention components of a CSGWPP. EPA could perform Substitute Analyses, Cost/Benefit Analyses, and Pollution Prevention Technical assessments to assist with States' efforts to reduce or eliminate potential environmental releases that may adversely affect ground water quality. These EPA capabilities could be directed towards differential management of ground water under a State's CSGWPP by focusing on activities that are located in geographic proximity to the State's most valuable and vulnerable ground waters. These capabilities could also be used to assist a State in implementing pollution prevention priorities across sources. • EPA risk management capabilities could also be used to support CSGWPP contaminant control efforts. TSCA Section 6(a) provides EPA with the authority to regulate chemicals that present an unreasonable risk of injury to human health or the environment. EPA could use this authority to address chemicals of concern in targeted geographic areas which encompass a State's high priority ground waters. TSCA Section 6(a) offers a wide range of possible actions to prevent pollution from prohibiting the manufacture, sale, or use of a chemical to recordkeeping and labeling requirements which could be selectively applied in specific geographic areas to protect high priority ground waters. At this time, EPA's efforts to apply TSCA capabilities to local problems will take the form of pilot projects. States need to work with EPA Regional Offices to identify opportunities within the CSGWPP framework which would test the TSCA approach. ------- 1-37 RADIATION PROGRAM Resource-Based Priority Setting in Decision Making EPA is responsible for development of federal guidance on radiation protection and promulgates standards and regulations for exposure to radionuclides. In particular, EPA provides support to States in radiation monitoring, research, training, and other forms of technical assistance; develops standards for cleanup, management, and disposal of uranium and thorium mill tailings and high-level, low- level, and transuranic radioactive wastes; and assists in the promulgation of standards for the control of radionuclides in drinking waters and in all types of wastes. EPA's standards cover activities of other federal agencies, including DOE and DoD, and activities regulated by NRC. Resource assessment, source evaluation, and priority setting mechanisms developed through CSGWPPs should be used by States and other federal agencies to implement the ground water protection and remediation standards contained in EPA regulations involving radionuclides. For example, EPA regulations in 40 CFR Part 192 on uranium tailings management at active uranium processing facilities call for evaluation of the hydrogeology of the site, including determination of background ground water quality, rate and direction of migration of contaminated ground water, and extent of the contamination. The regulation calls for remedial action decisions to be made on a case-by-case basis, taking into account, among other things, present and future use of the aquifer and the degree to which human exposure is likely to occur. NRC implements requirements for active uranium processing sites that incorporate ground water protection standards that are comparable to requirements developed under RCRA Subtitle C. A comprehensive characterization and assessment of the resource will facilitate decision-making affecting ground water for such sites. Coordination with Other Programs Regulatory authority over some possession and use of radionuclides, with some exceptions, such as commercial nuclear power reactors and high level radioactive waste disposal facilities, has been relinquished by agreement between the Nuclear Regulatory Commission and the States to over half the States (Agreement States). In such States, siting of facilities involving radionuclides and design and operational requirements established by facility licenses are controlled and directed by the States. In States where NRC retains primacy, regulatory limits for some types of licensed nuclear facilities (e.g., uranium mill tailings impoundments) set specific design and operational criteria for licensed facilities to protect ground water and maximum limits are established for ground water contamination. Facilities in Agreement and non-Agreement States are subject to standards issued by EPA under the Uranium Mill Tailings Radiation Control Act and the Atomic Energy Act and implemented by Agreement States or by NRC in non-Agreement States. Implementation of a CSGWPP will enable States to begin to coordinate implementation of such standards and ------- 1-38 RADIATION PROGRAM (continued) requirements more completely and efficiently by ensuring that they address a consistent ground water goal and priorities and share a common assessment of the resource. ------- 1-39 WETLANDS PROGRAM Resource-Based Priority Setting in Decision Making Because wetlands act as natural pollutant filters and as a source of aquifer recharge, they often are closely linked to the quality and quantity of ground water resources. Wetlands occurring along rivers and streams probably are the most important types of wetlands for ground water recharge. This recharge occurs most often in the wet portions of the year during overbank flooding. Ground water, in turn, may be discharged back to the wetlands and river bed during dry years. The Everglades are a good example of the linkage between a river and a wetlands system and its underlying ground water, the Biscayne aquifer. Florida is acquiring approximately 41,000 acres of partially drained wetlands in the Everglades and restoring them to regain their water quality and recharge benefits. Several EPA programs are aimed at protecting and restoring wetlands. In some cases, ground water resources are considered when establishing wetland program priorities. For example, EPA is assisting States with the development of water quality standards for wetlands which include methods for designating wetlands uses based on function and value. Currently the State of Michigan is considering designating wetlands as Outstanding Natural Resource Waters if the wetlands are connected to a municipal ground water supply. Knowledge of State ground water resource priorities would be useful to the wetlands program in administering its responsibilities under CWA §404. For example, under §404, EPA has regulatory responsibility for reviewing permits for the discharge of dredge or fill materials into waters of the United States, including wetlands. The presence of high-priority ground water resources could be a consideration in review of these permits. Also under §404, EPA participates in Advance Identification (ADID) studies to identify waters as possible disposal sites and to identify areas that are likely to be unsuitable for disposal. The results of these studies provide the public and regulated community with an indication of whether a §404 permit will likely be received. Recently, in Bucks County, Pennsylvania, ground water withdrawal and its impact on local water quality was identified as one of the key factors that prompted an ADID. Ground water protection also can be enhanced by identification and protection of wetlands that recharge and protect ground water. For example, if such wetlands are identified as part of the CSGWPP, their characteristics will be known for wellhead protection programs. ------- 1-41 WATERSHED PROTECTION APPROACH Resource-Based Priority Setting in Decision Making The Watershed Protection Approach is a resource-oriented framework supported by EPA for focusing and integrating current efforts and for exploring innovative methods to achieve maximum efficiency and effectiveness in water quality protection. The term watershed refers to a geographic area in which water, sediments, and dissolved materials drain to a common outlet -- a point on a larger stream, a lake, an underlying aquifer, an estuary, or an ocean. An aquifer or part of an aquifer, such as a wellhead protection area, can be a watershed. The Watershed Protection Approach is not a new "program," but an effort to target appropriate tools and resources from existing programs to the needs within a particular watershed. The Watershed Protection Approach is built on three main principles: risk-based geographic targeting, stakeholder involvement, and integrated solutions. Presently a number of state projects and programs using the Watershed Protection Approach have been implemented. The ground water assessment and characterization efforts carried out under the priority setting Strategic Activity of a CSGWPP provide a framework for States to target aquifers or portions of aquifers for the Watershed Protection Approach. In addition, watershed efforts aimed at surface water protection can benefit from information developed under a CSGWPP on those ground waters that are closely hydrogeologically linked to the targeted surface waters. Such information will assist in determining the influence of ground waters on these watershed protection areas. Coordination with Other Programs Both the Watershed Protection Approach and CSGWPP are intended to focus the efforts of several programs on protection of high-priority water bodies. CSGWPPs should be considered as an important tool in the Watershed Protection Approach. CSGWPPs will focus those programs with primary ground water protection responsibilities on protection of important watershed areas, whether they are aquifers, portions of aquifers, or surface water bodies that are closely hydrologically linked to ground waters. The 1992 Agency Operating Guidance states that EPA will focus actual protection and restoration activities in specific watersheds, and several programs have recognized the importance of a watershed approach in their guidance documents. This emphasis will be compatible with and supportive of CSGWPP implementation efforts. For example, in the Region 3 Mill Creek Pequea Creek Watershed, nonpoint source resources have been made available to farmers to implement BMPs to reduce nutrient, bacteria, and pesticide contamination of surface waters and ground water. ------- 1-43 POLLUTION PREVENTION PROGRAM Resource-Based Priority Setting in Decision-Making Priority setting within the CSGWPP will provide a means for targeting specific geographic environments for the implementation of pollution prevention techniques, technologies and work practices. Focusing pollution prevention efforts in high risk, high value areas will yield the greatest benefits to States as they work to protect their ground water resources. Coordination with Other Programs The Ground Water Protection Strategy and the CSGWPP focus on protecting ground water from contamination. One of the most effective means of protecting ground water supplies is through pollution prevention. EPA's Pollution Prevention program has an vital role to play in the CSGWPP as States establish priorities and begin to integrate various ground water protection efforts. Pollution Prevention programs focus primarily on preventing risks rather than addressing pollutants after they have been created and emitted to the environment. While some large industries have been quick to seize upon the pollution prevention concept, many small, local businesses are still relatively unaware of how pollution prevention practices can benefit them. The CSGWPP will encourage broader industry and public participation in pollution prevention activities through State priorities that emphasize the role of pollution prevention in protecting ground water quality. The CSGWPP will foster greater emphasis on pollution prevention at the State and local levels and will also help Pollution Prevention programs and activities to be coordinated with other ground water protection programs. As States establish priorities and goals, they will work to coordinate the efforts of ground water protection programs and build the pollution prevention concept into them. This process will also be driven by the on-going interest in promoting pollution prevention in media-specific grant guidance. Coordinating Grants The federal Pollution Prevention grants program "Pollution Prevention Incentives for States" provides grants to States to support State, Tribal, and local pollution prevention programs that address the reduction of pollutants across all environmental media: air, land, surface water, ground water and wetlands. This grant funding could be used to support the following CSGWPP activities: defining roles and responsibilities of key participants of proposed projects and promoting coordination with pollution prevention activities already underway in the State; developing and implementing prevention programs for reducing or eliminating pollution; collecting and analyzing data; developing mechanisms to measure progress in pollution prevention; and ------- 1-44 POLLUTION PREVENTION PROGRAM (continued) conducting public education and outreach. Grants may also be used to initiate demonstration projects that test and support innovative pollution prevention approaches and methodologies which may eventually be integrated into prevention programs. ------- 2. LINKAGE TO OTHER FEDERAL AGENCY PROGRAMS This section provides an agency-by-agency discussion of the linkages between the CSGWPP approach and the ground water-related programs of six federal agencies. For each agency, a brief description of the agency's program is followed by a discussion of ways in which that agency could support or make use of the CSGWPP approach. This section discusses the programs of selected agencies that work either to protect or to restore ground water quality, but does not include all agencies with ground water-related activities. There are no descriptions yet for the other federal agencies involved in ground water. These agencies include: United States Department of Agriculture; United States Department of Defense; United States Department of Energy; United States Department of the Interior; United States Department of Transportation; and United States Nuclear Regulatory Commission. The descriptions are arranged alphabetically. ------- 2-3 U.S. DEPARTMENT OF AGRICULTURE Programs Related to Ground Water Protection The United States Department of Agriculture (USDA) is actively involved in a coordinated, government-wide initiative addressing water quality. This initiative focuses on nonpoint source pollution concerns identified by States under requirements of Section 319 of the Water Quality Act (See Discussion on EPA's Nonpoint Source Program). One of the main objectives of the Water Quality Initiative is to provide farmers, ranchers, and other land managers with information necessary to voluntarily adopt improved, environmentally-sound management practices which do not sacrifice profitability. This initiative is under the leadership of the USDA and includes EPA, USGS, and the National Oceanographic and Atmospheric Administration (NOAA). The central objectives of the Initiative include the following: • Protecting the Nation's ground water resources from contamination by fertilizers and pesticides without jeopardizing the economic vitality of U.S. agriculture; • Developing technically and economically effective agrichemical and agricultural production strategies that enhance or protect the quality of our water resources; and • Inducing the adoption of enhancement or protection strategies at significant levels in problem areas. Of the 36 operating entities within the USDA, ten share responsibilities for implementing the President's Water Quality Initiative. Of these entities, eight USDA agencies are particularly relevant for CSGWPPs and are discussed below. The Agricultural Stabilization and Conservation Service (ASCS) plays a central role in transfer of payments for USDA commodity support programs. Starting with the 1985 Food Security Act, cross-compliance provisions require recipients of certain USDA assistance programs to prepare and implement conservation plans, whose water quality protection features have become steadily more important. The ASCS also administers the Water Quality Incentive Projects (WQIP) authorized by the 1990 Farm Bill. The WQIP provides both technical and financial assistance for producers to implement management systems to reduce nonpoint source agricultural problems. The Agricultural Research Service (ARS) administers fundamental and applied research that addresses a wide range of agriculture-related issues, including the conservation of soil, water, and air. For example, ARS has developed a number of fate and transport models that focus on pesticides in ground water. ------- 2-4 U.S. DEPARTMENT OF AGRICULTURE (continued) The Cooperative State Research Service (GSRS) funds research through the State Agricultural Experiment Stations for the advancement of science and technology in support of agriculture. CSRS funds a number of special research programs, including a ground water research program, a low-input agricultural program, and a competitive grant program in natural resources, water quality, ecosystems, and wetlands. CSRS also is responsible for developing a forum for coordination between the State Agricultural Experiment Stations, the USDA, and other federal agency scientists. The Extension Service (ES) is the education bureau of the USDA and serves as the federal partner in the Cooperative Extension System. More specifically, the ES coordinates its activities with State land grant universities and local county extension offices to conduct educational and outreach programs. The National Agricultural Library (NAL), through its Water Quality Information Center, identifies, acquires, and organizes information related to agriculture and ground water quality. The center facilitates access to this information through various outreach mechanisms, such as the Water Information Network (WIN), an electronic bulletin board system. The Soil Conservation Service (SCS) provides leadership and administers programs to help people conserve natural resources and the environment. SCS is expanding and improving technical assistance for water quality utilizing local soil and water conservation districts. As part of USDA's Water Quality Initiative, SCS is providing increased technical assistance for selected agricultural water sheds or aquifer-recharge areas called "Nonpoint Source Hydrologic Units Areas" (HUA's). These address agricultural nonpoint pollution concerns identified by states under Section 319 of the Water Quality Act of 1987. SCS is also increasing technical assistance to ongoing interagency regional Water Quality programs and designated estuaries of national significance. SCS provides assistance to State agencies in developing both surface and ground water practices, programs, and policies. The Economic Research Service (ERS) and the National Agricultural Statistics Service (NASS) work with State departments of agriculture to gather estimates on production characteristics for major farm commodities. Currently, the ERS and NASS are carrying out a new program to gather data on the use of pesticides and other agricultural chemicals. As this program expands, it should provide a more direct means of estimating agricultural pesticides use patterns in a State. The United States Forest Service (FS) is the national leader in forestry through its management of the National Forest System. A key objective of the FS is to promote natural resource conservation through cooperative efforts with other federal, State, and local agencies. The FS also provides technical assistance to State forestry programs in order to protect and improve the quality of air, water, and soil resources. ------- 2-5 U.S. DEPARTMENT OF AGRICULTURE (continued) Potential for Coordination of USDA Programs with Comprehensive State Ground Water Protection Programs The ASCS's ongoing Agricultural Conservation Program (ACP) provides cost- share assistance for implementing a variety of water-quality oriented best management practices (BMPs). These cost-share funds can be used by States or local agencies to address priorities established in CSGWPPs. In addition, coordination of projects funded by USDA through a State's CSGWPP can result in the most effective and efficient use of these funds. Other relevant ASCS programs include the Wetland Reserve, Water Bank, Conservation Reserve, and Forestry Incentives programs. ASCS's cost sharing programs also seek to provide financial assistance to producers in the hydrologic unit and demonstration project areas. This financial assistance is tied to education and technical assistance to encourage adoption of environmentally sound practices and the improvement and protection of water quality within a targeted area. For example, the Water Quality Incentives Projects provides technical and financial assistance for farm level planning to reduce the use of fertilizer, other crop nutrients, and pesticides in order to achieve water quality objectives, such as ground water protection. In addition, testing of rural domestic wells and record- keeping on tillage, pesticide use, and nutrient use are eligible for WQIP funding. CSGWPPs could help USDA by providing ground water priority areas for targeting and by helping to facilitate transfer of data on agricultural practices from ASCS to State agencies that implement SMPs, NPS, WHP, and PWS programs. Farmers participating in this effort receive incentive payments from USDA to compensate them for additional production costs and/or the value of foregone production. The 1990 Farm Bill authorizes USDA to provide financial incentives to farmers for enrolling land that includes vulnerable ground and surface waters into the Conservation Reserve Program. To the extent that funds are available, the program will be used to enroll areas such as wellhead protection areas, and other areas that would contribute to water quality in permanent cover (grass or trees). States may be able to work with USDA to include geographic priorities identified in their CSGWPPs under the Conservation Reserve Program's water quality related criteria. Farmers then could address ground water contamination through the removal of lands from production in exchange for financial incentives. ARS and CSRS could support research that focuses on the reduction of pesticides and nitrates in ground water and other agricultural-related ground water protection projects. All States' CSGWPPs could benefit from such fundamental ground water protection research. Efforts in this areas could also be coordinated with the Pesticide State Management Plan approach. In addition, CSRS's efforts to coordinate related research could be used to ensure that unnecessarily duplicative research projects are not being funded and that research is disseminated to other interested groups and State ground water managers. ------- 2-6 U.S. DEPARTMENT OF AGRICULTURE (continued) Through the ES and the State cooperative extension offices, USDA could work to disseminate the new methods, techniques, and practices designed to reduce the potential for agriculture-related contamination of water resources (i.e., biological controls, integrated pest management, and improved methods of pesticides application). A State's CSGWPP could assist ES and State offices in setting priorities for the education of farmers, ranchers, and other land managers based on the use, value, or vulnerability of the resource. Like the ES, the SCS could work to disseminate information and best management practices to ensure adequate protection of ground water resources from agricultural contamination based on priorities established under a State's CSGWPP. The SCS also develops standards and specifications for proper pesticide use practices. This information could be of considerable benefit in developing CSGWPPs and in educating farmers and other land use managers. SCS could geographically target technical assistance efforts in certain areas in coordination with a States CSGWPP. NAL-produced bibliographies, covering various aspects of ground water and agriculture, could be used by state CSGWPPs to locate information from throughout the country (and world) that may be useful in guiding the direction of state programs. State CSGWPPs could help strengthen NAL's ground water quality collection and bibliographic database by providing copies of state documents that address agriculture and ground water quality issues. ERS's and MASS'S data collection and analysis efforts focus on identifying the economic consequences of changes in the use of pesticides and fertilizers and the implementation of alternative farming practices. Such research efforts could assist a State in identifying, developing and implementing the most cost effective protection and preventive measures associated with pesticides and agricultural chemicals possible in its CSGWPP. Through its outreach efforts, the FS could contribute to forestry education and technical assistance aimed at protecting ground water resources from pesticides and silvicultural practices. These efforts could be coordinated and targeted using the priorities established under a State's CSGWPP. FS also conducts a number of activities that must be managed carefully to avoid adversely impacting the ground water resources in a State. For example, clear cutting in National Forests by the FS could result in increased runoff and siltation of nearby surface water bodies that can be linked to ground water. Proper and timely reforestation of these lands can significantly reduce run off and the potential for contamination of water resources. When such activities are planned, FS could coordinate activities through a State's CSGWPP to address priorities for protection of water resources within the State. The FS could also use the priorities established in a State's CSGWPP to make land use decisions in National Forests. ------- 2-7 U.S. DEPARTMENT OF AGRICULTURE (continued) Currently, successful coordination between USDA and EPA and several States is beginning to occur with the development and implementation of Pesticides State Management Plans to limit pesticide contamination of ground water (See Discussion on EPA's Pesticides State Management Plan Program). Coordination efforts to protect ground water under the SMP program include conducting basic research, coordinating of data collection and analysis, transferring appropriate technologies, and providing financial assistance. ------- 2-9 U.S. DEPARTMENT OF DEFENSE Programs Related to Ground Water Protection The Department of Defense (DoD) has its environmental goal to plan, initiate, and execute all actions and programs to minimize adverse effects on the quality of the environment without impairing the defense mission. Several components of the DoD are currently responsible for guiding and promoting these activities. The Deputy Assistant Secretary of Defense (Environment) (DASD(E)), Office of the Secretary of Defense (OSD), sets the overall direction for environmental activities by developing policy guidance on environmental protection and regulatory compliance. The May 1992 Report on Environmental Requirements and Priorities prepared by DASD(E) summarizes DoD's principal policy thrusts, which include the following: compliance with existing laws and regulations; remediation of formerly and presently used DoD sites; increased efforts devoted to pollution prevention; development of an inventory of, and conservation and protection plans for, natural and cultural resources; development of outreach efforts; augmentation of the frequency and scope of self-policing activities to ensure timely and effective compliance and protection of human health and the environment; development of an enhanced environmental ethic across all DoD activities; development of ways to increase DoD's role as a model for environmental compliance and protection; and development of productive cooperative partnerships both domestically and internationally. Implementation of environmental activities is largely carried out by the four military services ~ the Army, Navy, Air Force, and Marines - as well as by the defense agencies, particularly the Defense Logistics Agency. Two centrally funded environmental programs are the Defense Environmental Restoration Program (DERP), involving the assessment and cleanup of contamination at DoD installations and formerly used defense sites, and the Legacy Program, involving improved management of natural resources on DoD lands. The Defense Environmental Restoration Program (DERP) has two principle components - the Installation Restoration Program (IRP) and the Other Hazardous Waste Program (OHWP). The IRP investigates and, as necessary, performs site cleanup at DoD installations and at properties formerly owned or used by DoD. The IRP conforms to the requirements of the CERCLA National Oil and Hazardous Substances Pollution Contingency Plan. Under IRP, activity is occurring at 94 DoD installations with sites on the National Priorities List (NPL). Water-related activity at these sites includes ground water treatment (63 activities), long-term monitoring (52 activities), and provision of alternate water supplies/treatment (33 activities). The OHWP addresses waste-related issues that do not involve CERCLA cleanups. Current DoD programs that address threats to ground water include the development of unique water treatment processes for uniquely military materials; and developing new methods of treating explosives-contaminated soils, improving ------- 2-10 U.S. DEPARTMENT OF DEFENSE (continued) wastewater treatment plants, upgrading storage areas for materials that could leach to ground water, updating plans to deal with spills, replacing or retrofitting underground storage tanks, and closing and removing abandoned tanks. A current focus of DoD is on pollution prevention. Each of the services has implemented programs to address environmental issues. The Army, for example, through its Environmental Compliance Achievement Program (ECAP), seeks to identify and eliminate obstacles to environmental compliance, institute programs to determine compliance problems, and ensure that corrective actions are implemented. The Army ECAP will address compliance through environmental assessments at Army facilities, a profile and mechanism to measure progress toward compliance, and integrated management of all environmental programs. Each service, in its environmental activities, carries out programs involving, among others, water quality management, drinking water, and underground storage tanks, but none of the services has singled out ground water protection as a separate program area. The Army's current program for water quality management, however, does call for control or elimination of all sources of surface and ground water pollution. Approximately 85 Army installations within the U.S. obtain some or all of their water supply from ground water wells, and 51 % of the Army's drinking water comes from ground water sources. The Army therefore maintains a Water Resources Management Program to sample and analyze water supplies and ground water monitoring programs and to evaluate aquifer quality and identify potential drinking water quality problems. The Army also participates in the Wellhead Protection Program. The Navy's Drinking Water Management Program likewise seeks to protect ground water resources, especially those with the potential to be used as a potable water supply, at on shore Naval installations. Similarly, the Air Force and Marines address ground water in the context of drinking water sources. Potential for Coordination of DoD Programs with Comprehensive State Ground Water Protection Programs DoD's May 1992 Report to Congress on Environmental Planning and Priorities notes that an important future goal will be development of a common understanding across DoD about how to measure requirements and determine overall priorities. DoD plans to work with EPA and other agencies "to define risk-based priority setting methods to supplement the current judgmental approaches and provide a more analytic foundation to assist in environmental decision making." (p. 1 -19) As States develop priorities for ground water protection and remediation in CSGWPPs, DoD could begin to take these priorities and priority-setting mechanisms into account. Development of CSGWPPs could enable DoD components such as the Defense Logistics Agency, which is responsible for environmental compliance and restoration ------- 2-11 U.S. DEPARTMENT OF DEFENSE (continued) at a number of major and tertiary level logistics installations, to control its costs by working with State and local jurisdictions. Because DLA is also responsible for disposal of hazardous materials through its Defense Realization and Marketing Service, siting of certain facilities, and similar duties, DLA has been particularly concerned by what it has seen as a "trend toward more regulation by State or local jurisdictions." (p. 6-4) Coordination and integration of State and local programs through locally-based priority setting in CSGWPPs may provide a more focused and consistent set of environmental requirements pertinent to DoD components. In an effort to identify ways of improving federal-State coordination of environmental response actions and streamlining cleanup at bases to be closed or realigned, the Defense Environmental Task Force recommended eliminating overlapping regulatory requirements and adoption of measures for improving coordination among federal and State decision makers. These recommendations parallel the CSGWPP approach. In addition, as each service addresses issues of environmental compliance at its facilities, the existence of a CSGWPP in the host State could enable the service and the facility to address a more consistent and coherent set of State requirements for ground water protection. CSGWPPs also could provide a source of coordinated input on the part of the States into the Interagency Agreements (lAGs) with other federal and State agencies that DoD must negotiate under SARA §120. These lAGs establish comprehensive installation-specific arrangements for proceeding with DoD's waste cleanup activities under the Installation Restoration Program. lAGs, which are subject to public review and comment, provide a strong management tool for resolving issues arising from overlapping or conflicting jurisdictions. The IAG negotiation process involves personnel from the applicable DoD Component, the EPA Regional Office, and State environmental authorities. IAG negotiation could be an appropriate forum for negotiating the implementation of CSGWPP as it relates to cleanup of DoD installations. DoD emphasizes the involvement of State agencies in the IRP process. As of June 1992, DoD had entered into Defense and State Memoranda of Agreement (DSMOA) with 40 States. Through the DSMOA, almost $18 million was provided to State agencies in FY92 to allow States to participate in the evaluation and oversight of IRP activities, including those related to water resource management. In the future, CSGWPPs could help provide a focus and set priorities for State input into the IRP process. Finally, DoD is in the process of creating regional environmental coordination offices that could serve as points of contact for the State CSGWPP primary points of contact. These offices are intended to serve a number of coordinating functions among the military services and DoD installations. The areas served by these offices will correspond to the EPA Regional Offices. Such offices could provide a focus for DoD involvement in State CSGWPPs. ------- 2-13 U.S. DEPARTMENT OF ENERGY Programs Related to Ground Water Protection Department of Energy (DOE) Orders, DOE's internal system of regulation, require compliance with all applicable environmental requirements at all DOE sites and facilities, and set forth overall DOE policy for ensuring and enhancing such compliance. Regarding ground water protection, Order DOE 5400.1, entitled "General Environmental Protection Program," requires that each DOE site have a Ground Water Protection Management Program (GWPMP) in place. The GWPMP is a management tool for ensuring effective compliance with Federal and State ground water protection requirements, sitewide coordination of all ground water protection and remediation activities, and long-term ground water protection planning to prevent future contamination. Order DOE 5400.1 also requires that a sitewide Ground Water Monitoring Plan be developed to ensure that monitoring programs are designed to meet regulatory requirements and to provide a system of environmental surveillance to prevent future contamination threats. Order DOE 5400.5, "Radiation Protection of the Public and the Environment," addresses DOE operations involving radioactive materials that may not be addressed by RCRA, CERCLA, TSCA, or other EPA-administered regulatory programs. DOE 5400.5 requires use of a Best Available Technology treatment evaluation process to ensure that liquid wastes containing radionuclides are treated to "As Low As Reasonably Achievable" (ALARA) levels to prevent ground water contamination. The Order also contains numerical concentration guides for a wide range of radionuclides. These guides may be used to assess potential doses from exposure through various routes including ingestion of drinking water. In addition to the Order requirements, DOE is currently developing a Ground Water Protection Policy to provide a framework within which technical and regulatory compliance issues can be addressed throughout the Department in a coordinated and consistent manner to enhance ground water protection. The Policy, when finalized, will apply to all DOE and DOE contractor activities, and will provide direction for implementing the ground water protection requirements of existing DOE Orders. Programs Related to Environmental Restoration DOE's Office of Environmental Restoration and Waste Management (EM) was created to address environmental problems through corrective activities, waste management, pollution prevention, environmental restoration, and technology development. The overall EM strategy focuses on three approaches: • First, where risk assessment shows an actual or potential threat to human health and safety - do immediately whatever is possible to reduce, mitigate, stabilize, and confine the threat; ------- 2-14 U.S. DEPARTMENT OF ENERGY (continued) • Second, where no one knows how to solve a problem -- act decisively to develop technology and methods to correct the problem; and • Third, where compliance and cleanup must proceed with or without next- generation technologies -- plan, with affected parties and within the provisions of Interagency Agreements, the work to be accomplished and its schedule. EM's corrective activities are aimed at bringing all DOE facilities and sites into compliance and operating them in accordance with applicable laws and regulations designed to protect public health and the environment. Corrective activities range from instituting programs to reduce or eliminate polychlorinated biphenyls (RGBs) to the removal of leaking underground storage tanks. The efforts to bring all facilities into compliance are driven by a number of federal and State statutes, regulations, and DOE orders. In order to comply with the multiple environmental statutes and regulations governing DOE environmental activities, DOE often enters into negotiation with federal and State regulators with the intent of reaching agreement on activities for achieving and maintaining compliance with applicable regulations. EM's waste management objective is to "treat, store, and dispose of hazardous, radioactive, and mixed waste in an environmentally sound and effective manner." The Waste Operations Program is now focusing on ensuring adequate, permitted storage capacity for existing waste and on developing new storage, treatment, and disposal facilities. In addition, EM is constructing and testing new facilities for treatment and disposal of wastes. DOE is also moving forward with its pollution prevention program. A variety of programmatic and technical activities are occurring throughout DOE facilities and sites. In addition, DOE is working to minimize the generation of new waste. Currently, DOE is working to establish reasonable quantitative waste minimization goals, improve field office reporting, and issue guidance to promote waste minimization throughout its operations. The objective of DOE's Environmental Restoration Program is to "contain known contamination at inactive sites and vigorously assess the uncertain nature and extent of contamination at other sites to enable realistic planning, scheduling, and budgeting for cleanup." The goal of each environmental restoration activity is to ensure that the risks to the environment and to human health and safety posed by inactive and surplus facilities are either eliminated or reduce to prescribed, safe levels. Currently, EM is emphasizing the assessment of the extent and nature of contamination. Closures and interim remedial actions will also be undertaken in the short term. Following these assessment activities, full remediation will occur with site monitoring continuing after cleanup. ------- 2-15 U.S. DEPARTMENT OF ENERGY (continued) DOE recognizes that a significant impediment to achieving its environmental management goal is created by the constraints and limitations associated with available technology. As a result, EM is focusing on the development and implementation of "innovative, cost-effective technologies to facilitate compliance with applicable laws, regulations, and agreements and to minimize the generation of waste." The Technology Development Program (TOP) is designed to ensure that new technologies are available to the Environmental Restoration and Waste Operation Programs. In the restoration area, the TOP focuses in the near term on providing technologies for site investigation and the study of remediation alternatives. Potential for Coordination of DOE Programs with Comprehensive State Ground Water Protection Programs DOE's environmental management strategy recognizes the importance of managing environmental resources based on unique regional considerations and emphasizing activities that prevent future contamination. For each facility, DOE develops a ground water plan that assesses and characterizes the ground water resource in and around the facility. These ground water plans, in addition to risk assessments, assist DOE facilities in developing and setting priorities to reduce, mitigate, stabilize, and confine the threat associated with the treatment, storage, and disposal of hazardous or radioactive materials and the clean-up of contaminated sites. Such an approach to setting priorities is consistent with the overall CSGWPP approach, although DOE's priorities address only those sites within a DOE installation. DOE is currently in the process of bringing all operating facilities into compliance with applicable laws and regulations and completing the cleanup of the 1989 inventory of contaminated inactive sites and facilities by the year 2019. This process involves coordination with EPA, other federal agencies, and several States, and includes addressing the requirements of several federal and State laws, regulations, and programs (including RCRA Subtitles C and D, CERCLA, SDWA UIC, SDWA WHP, CWA, UMTRCA, FIFRA, TSCA, NEPA, and others). For DOE sites on the CERCLA National Priorities List, DOE coordinates CERCLA and RCRA cleanup activities through site-specific Interagency Agreements (lAGs) with EPA and the affected State. A State's CSGWPP could outline and document coordination across State and EPA programs. Such an understanding of the relationship between these authorities could allow DOE, a State, and EPA to more efficiently and effectively negotiate lAGs and meet all applicable environmental regulations. DOE collects and manages a significant amount of ground water data that could be useful to a State in developing and implementing its CSGWPP. For example, DOE undertakes an assessment and characterization of ground water resources for each facility. Following remedial or corrective actions, DOE monitors the ground water to determine contaminant levels. Each DOE site prepares an Annual Site Environmental Report containing ground water monitoring data and descriptions of the ------- 2-16 U.S. DEPARTMENT OF ENERGY (continued) monitoring network design, which DOE provides to State and federal agencies. DOE could coordinate its ground water data with other State and federal agencies. Even though DOE's information will relate to a limited geographic area of a State, the State could use the maps to infer hydrogeologic settings for nearby areas that may have few or no data points. DOE is actively investigating new technologies for waste management, waste minimization, and environmental restoration. DOE will develop these improved technologies at facilities around the country. These new technologies will benefit ground water protection and CSGWPPs as they become available for other protection and remediation activities. DOE could work with a State to demonstrate the application of these new technologies to ground water management. For example, DOE's Savannah River Facility has successfully installed and is operating an integrated demonstration for remediation of volatile organic compounds (VOCs) in the vadose zone. This technology works through a combination of airstripping and directional drilling technologies and makes VOC removal faster and cheaper. DOE expects savings in the millions of dollars from this particular technology. All States and the CSGWPP approach will eventually benefit from the development of such improved technologies. While DOE supports the general ground water protection principles outlined in EPA's Ground Water Strategy for the 1990s, the Department believes that States should base ground-water protection priorities on the characteristics of the ground water, rather than on facility ownership. Such an approach would ensure consistent ground water quality management policies from site to site. DOE expects that the CSGWPP approach will provide a coherent and consistent approach to ground water protection, based on the resource value, and can provide a mechanism by which DOE can incorporate State ground water priorities into sitewide ground water protection activities. ------- 2-17 U.S. DEPARTMENT OF THE INTERIOR Programs Related to Ground Water Protection The Department of the Interior (DOI) is charged with conserving and managing nationally owned public lands and natural and cultural resources, including water resources. DOI directly sets policy and management priorities for these resources. As the manager of water resources on public lands, as well as through its responsibilities for conservation and development of water and mineral resources, DOI implements reclamation of arid lands in the West through irrigation, and trust responsibilities for Indian and other lands. Also, DOI influences how States and other federal agencies set resource-based priorities through direct example and cooperative decision making. Several organizational units within DOI directly or indirectly influence the management and use of ground and surface water resources. The organizational units within DOI are involved with a wide array of activities that influence how other federal agencies and States manage water resources. These activities range from investigative research to program planning and data management. The U.S. Geological Survey (USGS) collects, evaluates, and disseminates information on the availability, quantity, quality, and use of the Nation's surface and ground water resources and conducts water-resources investigations and research. Much of the work of the USGS is conducted in cooperation with over 1,000 State and local cooperating agencies through more than 200 field offices. The USGS routinely gathers information on ground water levels from more than 35,000 wells, and ground water quality information from more than 9,000 wells each year through its Hydrologic Data Collection program. This information is used to meet the needs of federal, State, and local governments, the private sector, academia, and the general public. Studies include characterizing aquifers, modeling their behavior under different patterns of stress, mapping recharge areas, studying the interactions between surface water and ground water, and estimating ground water use. In addition to its intensive State-oriented hydrologic investigations, the USGS also has several nationwide investigative programs that seek to provide a national perspective on water-resource conditions. The National Water Quality Assessment (NAWQA) program, which began in 1986, seeks to describe the status and trends in the quality of the Nation's ground water and surface water, and to provide a sound understanding of the natural and human factors affecting the quality of these resources. Investigations of regional stream-aquifer systems covering thousands to several tens of thousands of square miles are being conducted on a rotational basis for 60 key areas located throughout the United States. A wide array of water-quality information that will benefit ground water protection efforts will be provided by the NAWQA program. This includes the regional and national extent and severity of contamination of the Nation's ground water quality, and a determination of the relative ------- 2-18 U.S. DEPARTMENT OF THE INTERIOR (continued) contribution of point and nonpoint sources to regional ground water contamination in different land use and hydrogeologic settings. The Regional Aquifer Systems Analysis (RASA) program is a systematic study of the Nation's major aquifers. The program has assembled large amounts of information about 25 regional aquifers and developed models to stimulate their behavior under historic conditions and forecast future pumping patterns. Much of the information collected by the RASA program is being summarized in a new ground water atlas of the United States. The atlas is extensively illustrated with maps showing the location and extent of major aquifers, their thickness, water levels, water quality, and water use. The Toxic Substances Hydrology program develops methods for study and basic understanding of the movement and fate of hazardous substances from point and nonpoint sources of contamination. The USGS has compiled information on ground water in its National Water Summary reports - ground water quantity (1984), ground water quality (1986), and water use (1987). These reports, which provide State-by-State and national water information, assist policy makers to better understand the condition of water resources as they formulate water policies, legislation and management strategies. The U.S. Bureau of Mines overall mission is to help ensure that the United States has an adequate and dependable supply of minerals to meet its defense and economic needs at acceptable social, environmental and economic costs. By developing new mineral technologies and providing reliable information as a basis for sound minerals policies, the Bureau works to solve the country's mineral problems. The Bureau conducts hydrological research on constructed or engineered wetlands and on acid mine drainage, it evaluates the impacts of mining on both ground and surface water, conducts studies on the impact of coal mining on municipal water well production, and studies the hydrologic impacts associated with in-situ leaching. The Office of Surface Mining (OSM) implements the Surface Mining Control and Reclamation Act of 1977 (SMCRA), particularly with respect to surface coal mining. As a regulatory program implemented through the States, OSM activities involve ensuring that society and the environment are protected from the adverse effects of surface coal mining while ensuring that surface coal mining can be done without permanent damage to land and water resources. OSM oversees mining and reclamation in States with primary responsibility and regulates mining and reclamation in States that have chosen not to assume primary responsibility. The Bureau of Reclamation (Reclamation) is responsible for providing the arid and semiarid lands of the 17 contiguous Western States with a secure, year-round water supply for irrigation. Reclamation has a planning program that examines the potential for water resource development in the western United States. Planning studies address both surface and ground water quality and quantity issues, including ------- 2-19 U.S. DEPARTMENT OF THE INTERIOR (continued) conservation, system management, and institutional changes. Reclamation emphasizes coordination of planning activities with State and other federal agencies, local entities, and the public to avoid duplicating efforts and to ensure that the most needed and beneficial projects will be developed. Reclamation has implemented programs for cooperative research and development for water conservation technologies. Reclamation also provides technical assistance and data to other government and private entities on ground water hydrology and water quality. The Bureau of Land Management (BLM) is responsible for the management of more than 270 million acres of public lands. BLM also is responsible for subsurface resource management of an additional 300 million acres where mineral rights are owned by the federal government. BLM manages such resources as timber, oil and gas, minerals, rangeland, land use, watersheds, and recreation. The National Park Service (NFS) seeks to perpetuate surface and ground waters as integral components of park aquatic and terrestrial ecosystems by managing the consumptive use of water, and by protecting or restoring the quality and availability of surface and ground waters in accordance with all applicable Federal, State, and local laws and regulations. In addition, NFS manages its own programs and park uses to avoid impairment of aquatic, wetland, and floodplain resources and values. The U.S. Fish and Wildlife Service is responsible for the conservation and management of biologically productive wetland areas. Wetlands form the backbone of the Service's 90-million-acre National Wildlife Refuge System, which was established primarily for the enhancement of migratory waterfowl. Wetlands also help control flooding and improve water quality. Of the 215 million acres of wetlands that once existed in the U.S., more than half have been drained or filled and converted to agricultural or other forms of development. The Service attempts to stem this loss by acquiring wetlands for the national Wildlife Refuge System. Under federal law, the Service also advises other federal agencies involved in water development projects as to how impacts on wildlife might be lessened. In addition, the Service is responsible for restoring inland and anadromous fisheries. The mission of the Bureau of Indian Affairs (BIA) is to encourage and assist Indian and Alaska Native people in managing their own affairs and in utilizing the skill and capabilities of Indian and Alaska Native people in the management of programs for their benefit. BIA can work to coordinate educational and planning opportunities to Native Americans on ground water protection activities. DOI also maintains liaison and coordination between the Department and other federal agencies that provide funding or services to Indians. ------- 2-20 U.S. DEPARTMENT OF THE INTERIOR (continued) Potential for Coordination of DOI Programs with Comprehensive State Ground Water Protection Plans Data and information from USGS programs could be useful to federal, State, and local agencies in the development of comprehensive ground water protection programs. Collectively, these data represent a substantial pool of information that need not be "reinvented" by other federal and State agencies. The data will assist States in the characterization of their ground water resources and provide support for resource-based priority setting. In addition, programs that support research into water-related issues also could assist the resource characterization effort under CSGWPPs. The Federal-State Cooperative program is a partnership involving the 50- 50 cost sharing of water resources investigations between USGS and over 1,000 State and local agencies. The program is unique in that cooperating agencies must contribute at least half of the cost of investigations but the USGS does most of the work. Areas of technical assistance include comprehensive aquifer system assessment, aquifer mapping, monitoring, data collection and data analysis to determine the extent of contamination, and water use inventories. The State Water Resources Research Institutes program supports 54 Water Research Institutes at land- grant educational institutions. Data obtained from all of these programs could be utilized by States in CSGWPP activities. OSM has recently been involved in a series of rulemakings designed to allow States and operators greater flexibility in the means by which they comply with the SMCRA. These regulations are related to a number of water resource issues, including wetlands management and ground water research. SMCRA is a State- implemented act. Recognizing that there are many factors that a State must consider when considering the possibility of assuming a regulatory program, OSM endeavors to provide all States with the assistance and flexibility they require to implement the provisions of the act. OSM could consider extending flexibility to States, based on priorities established under CSGWPPs, in development of ground water monitoring requirements, and might vary reclamation and restoration requirements in particular situations based on State prioritization. OSM provides research funding to universities in support of many initiatives. Recently included among these initiatives was an investigation and assessment of aquifer response to mining activity, methods for improving the quality of constructed wetlands, and leachate generation from overburden. Coordination of these grant activities with those of other federal and State agencies will facilitate the efficient development of ground water protection programs. The Small Reclamation Projects Act (SRPA), administered by Reclamation, gives direct responsibility to local organizations for developing water and land resource projects. Examples of cooperative use of SRPA funds related to the CSGWPP include ------- 2-21 U.S. DEPARTMENT OF THE INTERIOR (continued) ground water recharge projects (e.g., High Plains States Groundwater Demonstration Program) and wastewater reclamation (e.g., Monterey County). Many individual units of the National Park System have surface and ground water data that will be useful to those responsible for developing or managing comprehensive ground water protection programs in a region containing such units. GIS systems are operating in many of these units that will facilitate the interpretation and availability or transfer of such data. Also, the Water Resources Division (WRD), located in Fort Collins, Colorado, assists parks and Regions in water resource data collection, interpretation, and management, and in resource management decisions, such as locating and testing surface and ground water sources, designing inventory and monitoring studies, quantifying and acquiring park water rights, conducting floodplain and flood hazards delineation, and preparing park-specific surface and ground water resource management plans. BLM has emphasized coordinating its activity with States in the preparation of water quality management plans prepared pursuant to Section 319 of the Clean Water Act. This coordination allows BLM to utilize a part of Section 319 resources to promote implementation of State CSGWPPs. Finally, activities of the BIA in support of actions by Native American organizations could assist in the development of Tribal comprehensive ground water protection plans. ------- 2-23 U.S. DEPARTMENT OF TRANSPORTATION Programs Related to Ground Water Protection The Department of Transportation (DOT) is responsible for critical programs to ensure safe, efficient, and accessible transportation. The duties of several DOT programs directly or indirectly involve protecting ground water. The Federal Aviation Administration (FAA) provides for a national airspace and air traffic control system, promotes a national airport system, conducts research and regulates aviation safety, while complying with federal environmental regulations. FAA administers a program of federal grants to airports for airport development and reviews airport layout plans for public airports to ensure that airport development meets safety standards. Airports, through runway and aircraft maintenance and deicing operations, fuel storage and other airport operations, have the potential to cause ground water contamination. The Federal Highway Administration (FHWA) manages the Federal-Aid Highway Program to assist States in development of transportation infrastructure, in compliance with federal environmental requirements. Federal surface transportation legislation establishes federal assistance for a national highway system of roads that are most important to interstate travel, national defense, and intermodal connections. It also establishes a surface transportation program for other federal-aid roads and transit capital projects. The FHWA research program develops and provides technical guidance to States on highway construction and maintenance, and funds State research. The National Highway Institute provides training to federal, State, and local transportation personnel. Highway construction, maintenance, and operation activities can contribute to ground water contamination. Deicing compounds, pesticides, and spilled hazardous materials are potential contaminants. The Research and Special Programs Administration (RSPA) coordinates cross- modal research throughout DOT. RSPA's Office of Pipeline Safety (OPS) is responsible for the safe transportation of hazardous liquids (petroleum) by pipeline. Spills of hazardous materials from pipelines may contaminate ground water. RSPA's Office of Hazardous Materials Transportation (OHMT) directs programs to ensure that hazardous materials are transported safely to protect human health and environment. OHMT promulgates regulations implementing the federal legislation relating to hazardous materials transportation, including the packaging, documentation, and State routing of hazardous materials. OHMT also provides technical guidance and assistance programs to States on.response planning, training of response personnel, and enforcement activities. FAA regulates the transportation of hazardous materials by aircraft. The Federal Railroad Administration is responsible for regulating the safe operation of railroads. It promulgates regulations for safe rail transportation of hazardous materials. RSPA, FAA, FRA, and the FHWA Office of Motor Carrier Safety are responsible for enforcement of various hazardous materials regulations ------- 2-24 U.S. DEPARTMENT OF TRANSPORTATION (continued) The Coast Guard's responsibilities include preparing for and responding to marine pollution incidents and coordinating public and private response efforts. Included in this responsibility is regulation of onshore marine transportation facilities. Potential for Coordination of DOT Programs with CSGWPPs The FAA has the potential to assist in coordination of CSGWPPs for ground water contamination prevention, evaluation, and remediation efforts with airport operators. Such coordination could aid FAA in considering ground water protection when developing standards and technical guidance for airport master planning, development, and operation. Through the NEPA process, ground water issues can be considered in connection with proposed airport development. FAA directives make recommendations for controlling pollutants associated with aircraft and airfield maintenance. Airports are treated as sources of industrial stormwater, and airport operators are developing plans for compliance with industrial stormwater permit requirements. The FHWA/FTA could assist in coordination of ground water protection efforts with State departments of transportation and other transportation agencies. Through the NEPA process, ground water issues are considered in connection with proposed highway and transit projects. When warranted, mitigation of adverse impacts to aquifers can be funded. The Intermodal Surface Transportation Assistance Act provides that ten percent of allocated Surface Transportation Program funds for each State must only be used for transportation enhancement activities. Eligible activities include mitigation of water pollution due to highway stormwater runoff. Another provision of ISTEA allows States to use federal-aid funding for participation in State- wide and regional wetland conservation and mitigation planning efforts. The FHWA research and training programs could benefit from interagency coordination to further consideration of ground water protection in those programs. The RSPA OPS could work with States and other federal agencies to improve ground water protection through improved procedures for responding to spills. Regulations are being developed to require facility response plans, under the Oil Pollution Act. The OPS could promote knowledge of information linked to ground water protection through its pipeline accident and operator data program, and through its training program for industry personnel, federal and State inspectors. OHMT's activities seek to ensure that hazardous materials are transported to avoid spill incidents and subsequent ground water contamination. OHMT could cooperate with implementing a State's CSGWPP. For instance, the ground water protection priorities established in a State's CSGWPP could be considered in ------- 2-25 U.S. DEPARTMENT OF TRANSPORTATION (continued) programming technical assistance efforts within that State. In addition, OHMT and States could work to coordinate information and efforts on emergency response activities through CSGWPPs. The Coast Guard could provide information on response plans of onshore marine transportation facilities. ------- 2-27 U.S. NUCLEAR REGULATORY COMMISSION Programs Related to Ground Water Protection The Nuclear Regulatory Commission (NRC) ensures adequate protection of public health and safety, the national security, and the environment in the civilian use of nuclear materials. NRC's scope of responsibility includes regulation of nuclear power plants, fuel cycle plants, and the medical, industrial, and research uses of radioactive materials. Ground water protection activities in the NRC occur within four primary program areas: the Office of Nuclear Material Safety and Standards (NMSS), which is responsible for the licensing, inspection, and regulation of facilities and materials associated with the use, processing, transport, and handling of nuclear materials, the disposal of nuclear waste, and uranium recovery facilities; the Office of Nuclear Reactor Regulation (NRR), which carries out the licensing and inspection of nuclear power reactors, test reactors, and research reactors; and the Office of Nuclear Regulatory Research (RES), which plans and conducts the Commission's research and technical and regulations development program; and the Office of State Programs, which administers the State Agreements Program and maintains liaison with States, local governments, other Federal agencies, and Indian Tribal organizations. Regional Offices implement regulatory programs originating in the Headquarters Office. Ground water issues may arise in many different NRC program areas, including NRC licensing and regulatory oversight of nuclear materials and waste management, licensing and regulatory oversight of nuclear reactor operations, research and standards development, and inspection and enforcement, under the jurisdiction of the Offices described above. Certain of these responsibilities may be assumed by States through the NRC Agreement State programs; other programs and responsibilities are assigned to the Federal government by statute (e.g., NRC licensing of commercial nuclear power reactors and repositories for the disposal of high-level radioactive waste) and may not be assumed by States. Twenty-nine States (Agreement States) have formal agreements with the NRC by which the State assumes regulatory authority over byproduct and source materials and small quantities of special nuclear material. Under the Atomic Energy Act, as amended, the programs of Agreement States must be "compatible" with those of the Commission. NRC designates particular regulatory requirements as matters of strict compatibility. The Commission is currently evaluating generic implications of compatibility issues. NRC generally provides for ground water protection through regulations and licensing actions that require detection, correction, and prevention of ground water contamination. NRC programs emphasize prevention through requirements of design, siting, operation, and inspection of nuclear facilities, encouragement of processes that reduce or eliminate potential sources of contamination, and through recovery and recycling. Monitoring and corrective action are also sometimes required. Although NRC emphasizes protection of ground water from radiological contaminants, the ------- 2-28 U.S. NUCLEAR REGULATORY COMMISSION (continued) effects of NRC's protective measures address nonradiological impacts on ground water to the extent that the radiological impacts are controlled. NRC's protection of ground water is frequently implemented through site- specific license conditions, such as upper control limits for concentrations of contaminants in ground water, monitoring requirements, and, if necessary, corrective action and restoration requirements. In some cases, EPA standards have been applied on a site-specific basis to the remediation of contaminated sites to ensure adequate protection of ground and surface water resources. Potential for Coordination of NRC Programs with Comprehensive State Ground Water Protection Programs NRC program offices, particularly NMSS and Research, and the Office of State Programs may be able to make use of enhanced State capabilities for resource-based decision making and coordination of State programs under CSGWPPs in a number of ways. In the development and implementation of requirements for handling and disposal of mixed waste, for example, additional flexibility in the siting and licensing of mixed waste facilities might be considered in States that have evaluated the status of their ground water resources and established priorities affecting facility siting, resource protection, and remediation. In decommissioning facilities that have been licensed to possess nuclear materials, State priority-setting under a CSGWPP could be considered in the assessment of whether a site has been decommissioned to levels of radioactivity that allow release for unrestricted use. Pending codification of radiological criteria for decommissioning, NRC applies a variety of guidance and criteria to determine whether sites have been sufficiently remediated so that they may be released for unrestricted use. These criteria are applied on a site-specific basis, with emphasis, as appropriate, to ensure that residual contamination levels are "as low as is reasonably achievable" (ALARA). State groundwater priorities under CSGWPPs could be considered by NRC in its ALARA determinations. NRC also could assess how CSGWPPs might enhance the ability of Low Level Radioactive Waste Compacts to site low level radioactive waste disposal facilities by creating consistent systems of prioritization of ground water resources in States. CSGWPPs also could affect ground water monitoring requirements and procedures for uranium milling facilities and requirements for reclamation activities at such facilities. NRC, and particularly NMSS, also could provide for flexibility and resource- based decision making in the development of license conditions, particularly where NRC references EPA standards or methodologies for ground water protection and where EPA is building such flexibility into its regulatory requirements. For example, NRC could adopt differential ground water management approaches tied to a State's adoption of a CSGWPP for ground water monitoring requirements and schedules at licensed facilities. Increased levels of monitoring could be required at facilities located in areas that the State's CSGWPP had identified as high priority ground water areas; ------- 2-29 U.S. NUCLEAR REGULATORY COMMISSION (continued) lower levels of monitoring could be required at areas of lower priority according to the State's own priority setting. For Agreement States, NRC could consider the extent to which Agreement State compatibility can allow for flexible approaches to ground water-related issues under a CSGWPP. In the future, as States develop CSGWPPs, NRC and the States could seek to reflect the State's capacity for resource-based decision making in the agreement between NRC and the State. In addition, the Commission has begun a process to ensure early and substantial involvement of the Agreement States in rulemakings and other regulatory efforts. A CSGWPP could provide a focus for State/NRC interaction on ground water issues. As States develop priorities for resource-based management through Core or Fully Integrating CSGWPPs, NRC could utilize such priorities directly in developing site-specific license conditions. Finally, the NRC Five Year Plan calls for NRC to take a more active role in fostering better cooperation and communication between NRC and State and local governments and Indian Tribes. The existing communication links between State Liaison Officers and NRC Regional State Liaison Officers could serve as a means of information transfer concerning the implementation of CSGWPPs in those programs in which States may assume regulatory priority. ------- *9gloi 5 Library U.S. Environmental Protection Agency Region 5, library (PL-12J) 77 West Jackson Boulevard, 12th Floor Chicago, IL 60604-3590 ------- |