oERA United States Environmental Protection Agency Office of Water (WH-550G) EPA 440/6-89-004 June 1989 Funding Ground-Water Protection A Quick Reference To Grants Available Under The Clean Water Act ------- FUNDING GROUND-WATER PROTECTION A Quick Reference to Grants Available Under the Clean Water Act Office of Water Office of Ground-Water Protection Environmental Protection Agency June 1989 ------- INTRODUCTION The Clean Water Act provides several avenues for funding State ground-water protection programs. The most familiar avenue is Section 106. Section 106 has been a source of funds for State ground-water efforts since 1985. These funds have been used extensively for the development and implementation of State Ground-Water Protection Strategies. In 1987, Congress amended the Clean Water Act to provide new authorities for ground-water protection activities. For example, Section 319(i) authorized a ground-water quality protection grant program. However, unlike Section 106, the new authorities were not funded. Instead, Congress provided legal mechanisms in the Clean Water Act to allow States greater flexibility to use funds from long- standing appropriations to support a variety of activities, including ground-water protection. These legal mechanisms are often called "expanded eligibility." This document summarizes the expanded eligibility provisions applicable to ground-water protection activities. The EPA Office of Water has developed a guidance titled "Funding of Nonpoint Source, Ground-Water, Estuary, and Wetlands Activities Under Titles II, III, and VI of the Clean Water Act" to explain in detail EPA's policy for administering expanded eligibility. To supplement the guidance, the Office of Ground-Water Protection has developed this "quick reference" document to highlight opportunities for funding ground-water protection activities in the Clean Water Act. GROUND-WATER FOCUS Ground-Water funding under the Clean Yater Act is the focus of this document. Program eligibilities are complex and interrelated, so the reader should also review the statute and related regulations and guidance (listed on page 7), particularly the guidance titled "Funding of Nonpoint Source, Ground- Vater, Estuary, and Vetlands Activities Under Titles II, III, and VI of the Clean Vater Act." Before selecting a final funding mechanism, the selection should be discussed with EPA Regional and State staffs knowledgeable in the program areas. Note that the funding sources referred to in this quick reference are not designed only for ground-water protection. ------- Figures 1 and 2 illustrate the grant mechanisms available for ground water under the Clean Water Act. Both contain the same basic information, but Figure 1 emphasizes AUTHORIZING PROVISIONS, while Figure 2 emphasizes FUNDING SOURCES. NEW AUTHORIZING PROVISIONS As indicated on Figure 1, Section 106 is both a funding source and an authorizing provision of the Clean Water Act for ground- water protection activities. The new Clean Water Act authorizing provisions (listed on the right side of Figure 1) are: Section 319(i) Section 319(h) Section 320(g) These new provisions, along with Water Quality Management Planning under Section 205(j), authorize support of ground-water activities and can be funded through grant and loan sources in Title II and VI of the Clean Water Act (listed on the leftjside of Figure 1). Figure 1 provides examples of eligible activities for funding under two new authorizing provisions: Section 319 was added to the Clean Water Act to address nonpoint source pollution. It covers a broad range of eligible ground-water quality protection activities. For example, Section 319(i) can be used for activities in State Ground- Water Protection Strategies, provided certain conditions are met. Section 320 was added for development of a national estuary program and authorizes ground-water protection activities related to this goal. For detailed, official program eligibilities, please consult the guidance titled "Funding of Nonpoint Source, Ground-Water, Estuary, and Wetlands Activities Under Titles II, III, and VI of the Clean Water Act." -2- ------- FIGURE 1: AUTHORIZED GROUND-WATER ACTIVITIES FUNDING SOURCES AUTHORIZED ACTIVITIES SECTION 106 SECTIONS 201(g)(1)(B), 205(g),* 205(0(5), SECTION 601 (a) * Section 205(g) allows for grants to assist with administration costs for Title II activities (e.g., ground-water protection through Section 201(g)(1)(B)) once a State shows sufficient funds exist to manage State responsibilities under the construction grants program. SECTION 205(1) SECTION 205(j)(1) SECTION 604(b) SECTION 106: Provides for development of comprehensive o^su^^ater protection strategies, including wellhead protection activitiesand for protection of ground water from pesticide contamination. SECTION 319(i): Provides for EPA grants to States (50% match ) for ground-water quality protection activities that will advance nonpoint source control, including: * studying ground-water quality and contamination sources assessments that improve implementation capabilities classifying and mapping ground water developing and implementing ground-water protection measures assessing hydrogeologic conditions designating protection areas around public drinking water wells (e.g * activities that increase institutional resources designing controls on potential sources of ground-water contamination determining sources of contaminants in wellhead protection areas developing plans for ground-water monitoring around public water supplies and domestic wells * establishing procedures for coordination of protection programs among State agencies providing technical assistance, education, and training for ground-water protection activities developing Best Management Practices (BMPs) assessing existing ground-water protection regulations and developing new or modified regulations SECTION 319(h): Provides for EPA grants to States (40% match) for development, administration, and implementation of State nonpoint source (NFS) management programs for surface and ground-water protection. Example projects might include: * managing nonpoint sources that degrade surface water as a result of ground-water discharge assessing potential ground-water impact of BMPs designed for nonpoint sources of surface water pollution. SECTION 320(g): Provides for EPA grants to States and other man- agement conference participants (25% match) for estuary conservation and management plan development, including: conducting ground-water research, surveys, studies, modeling, and other technical work to develop an estuary conservation and management plan * holding management conferences necessary for the devetop- ment of the plan Section 205(j)(1) Water Quality Management Planning: provides lor EPA grants to States for water quality management planning processes, including ground-water activities that are part of the planning process such as: providing technical assistance to localities and outreach activities updating ground-water data bases model by-laws for local communities funding of ground-water efforts by interstate or regional planning ' ------- FUNDING SOURCES Figure 2 provides information on the funding sources available for activities detailed in Figure 1. Expanded eligibility allows ground- water funding through: Title II Section 201 Section 205 Title VI Sectioned Section 604 Title II of the Clean Water Act includes two provisions that, among other activities, can fund State ground-water protection efforts: Sections 201 and 205. Title II has been the primary source of grants for construction of treatment works. Now Title II funding can be used for ground-water protection activities that are eligible under Section 319 when the State has an approved Nonpoint Source program. In addition to the discretionary 20% set-aside under §201(g)(l)(B), called the "Governor's Discretionary Fund," there are three reserve funds under Section 205 that can be directed to ground-water protection activities (see left side of Figure 2). Title VI of the Clean Water Act includes Sections 601 and 604. which provide other new mechanisms for ground-water protection funding. Section 601 authorizes States to establish State Revolving Funds. State Revolving Funds can provide loans for implementing ground-water protection activities under Sections 319 and 320, provided ground-water activities are included in the Intended Use Plan developed for a State Revolving Fund. Also under Title VI, Section 604(b) establishes a reserve for grants to support water quality management planning purposes in accordance with Section 205(j). Figure 2 provides the basic statutory conditions governing the use of these funding sources. For a more complete understanding of these statutory requirements, please consult the guidance titled "Funding of Nonpoint Source, Ground-Water, Estuary, and Wetlands Activities Under Titles II, III, and VI of the Clean Water Act." -4- ------- FIGURE2: FUNDING GROUND-WATER ACTIVITIES 1 FUNDING SOURCES AUTHORIZED ACTIVITIES SECTION 106: Authorizes EPA grants to States, with allocations based on extent of pollution in each State. SECTION 201(gKlKB): (Governor's Discretionary Fund) allows a State to use up to problems (50% friatety, , and water SECTION g05^): ABoW4fW ttt?3fr$*> 4% of each State's/Title H attefpieflf or I4004J0J* whfeheveri programs; primarily used for State construction $100,000, whichever is greater. SEtmON601(ajr: State ReVoWrt^ Fund -' (SRF) loan program with a 20% State match. SECTION 205§; Allows the liSf of 1/2% Qf trwr^onal TWe H approprtatten, with a 2544 State match. SECTION 205G)(1): Allows the use of up to 1 % of each State's Title H allotment or $100,000, whichever is greater. SECTION 604(b): Water Quality Management Parting Reserve Fund, consisting of 1% of the *'" " mertuwierSec«on604(a}or whichever is greater. This can be tc. K S , . ,-. t . .^^. fl*. _ * *' * t _ SECTION 106: Provides for activities to prevent, reduce, and eliminate water pollution. \ SECTION 319(i): Provides for EPA grants to States for ground-water quality protection activities, including demonstration programs, enforcement, technical assistance, education and training. SECTION 319(h): Provides for EPA grants to States to develop, administer, and implement State nonpoint source management programs. SECTION 320(g): Provides for EPA ] grants for estuary conservation and management plan development. SECTION 205(J)(1): Water Quality Management Planning. -5- ------- SOURCES OF ADDITIONAL INFORMATION Figure 3 and Figure 4 contain sources of additional information for States interested in using expanded eligibilities under Titles II and VI of the Clean Water Act for ground-water protection activities. States first should refer to the documents listed in Figure 3, particularly the "Funding of Nonpoint Source, Ground-Water, Estuary, and Wetlands Activities Under Titles II, III, and VI of the Clean Water Act," for detailed information on funding ground-water protection under the Clean Water Act. The State then should contact the appropriate EPA Regional Ground-Water Staff as indicated in Figure 4. -6- ------- FIGURE 3: EPA GUIDANCE DOCUMENTS FUNDING OF NONPOINT SOURCE, GROUND-WATER ESTUARY, AND WETLANDS ACTIVITIES UNDER TITLES II, III, AND VI OF THE CLEAN WATER ACT, US EPA, OMPC, 1989 EPA GROUND-WATER PROTECTION STRATEGY, OFFICE OF WATER, 1984 GUIDANCE FOR STATE GROUND-WATER STRATEGY GRANT WORK PROGRAM UNDER SECTION 106 OF THE CLEAN WATER ACT, Office of Ground-Water Protection (OGWP), issued annually 319(i) GROUND-WATER PROGRAM GUIDANCE, OGWP, in preparation NONPOINT SOURCE GUIDANCE, Office of Water Regulations and Standards (OWRS), 1987 GUIDANCE FOR MANAGEMENT OF SECTION 205(j)(l) and Section 60403) Funds During Fiscal Years 1988-1990, OWRS, 1987 THE NATIONAL ESTUARY PROGRAM AND INTERIM FINAL GUIDANCE ON THE CONTENTS OF A GOVERNOR'S NOMINATION, Office of Marine and Estuarine Protection (OMEP), 1988 IDENTIFYING AND PRIORITIZING ENFORCEMENT CASES AS CLASS V WELLS AND AVAILABLE ENFORCEMENT OPTIONS, Office of Drinking Water (ODW), 1988 SECTION 205(j)(5) FUNDING FOR NONPOINT SOURCE DEVELOPMENT AND IMPLEMENTATION, OWRS, 1988 GUIDANCE ON NONPOINT SOURCE GRANTS MANAGEMENT ISSUES, OWRS, 1988 CLEAN WATER ACT FUNDING SOURCES AND THEIR USES FOR THE IMPLEMENTATION OF STATE NONPOINT SOURCE MANAGEMENT, OWRS, 1988 CRITERIA FOR CLASS V DEMONSTRATION PROJECTS, ODW, in preparation -7- ------- FIGURE 4: EPA REGIONAL CONTACTS Denotes Regional Office VIPOIN ISLANDS Robert Mendoza Office of Ground Water Water Management Division US EPA, Region I JFK Federal Building, Room 2113 Boston, MA 02203 (617)565-3600 Jerri-Anne Garl Office of Ground Water Water Management Division US EPA, Region V , 230 S Dearborn Street Chicago, IL 60604 (312) 886-1490 John Malleck. Office of Ground Water Water Management Division US EPA, Region II 26 Federal Plaza New York, NY 10278 (212)264-5635 Erlece Allen Office of Ground Water Water Management Division US EPA, Region VI 1445 Ross Avenue Dallas, TX 75202-2733 (214)655-6446 Patricia Eklund Office of Ground Water Water Management Division US EPA Region IX 215 Fremont Street San Francisco, CA 94105 (415)974-0831 Stuart Kerzner Office of Ground Water Water Management Division US EPA, Region III 841 Chestnut Street Philadelphia, PA 19106 (215)597-2786 Timothy Amsden Office of Ground Water Water Management Division US EPA, Region VII 726 Minnesota Avenue Kansas City, KS 66101 (913)236-2970 William Mullen Office of Ground Water Water Management Division US EPA, Region X 1200 6th Street Seattle, WA 98101 (206)442-1216 Stallings Howell Office of Ground Water Water Management Division US EPA, Region IV 345 Courtland Street, NE Atlanta, GA 30365 (404) 347-3866 James Dunn Ground Water Branch Water Management Division US EPA, Region VIII 999 18th Street Denver, CO 80202-2405 (303) 293-1796 -8- ------- |