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
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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
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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.
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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."
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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
'
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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."
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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.
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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.
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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
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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
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