FY 2011 National Water Program Guidance Appendix E Additional Guidance for Section 106 State and Interstate Grant Recipients


&EPA

Office of Water
Fiscal Year 2011

Appendix E: Additional Guidance
for Section 106 State and
Interstate Grant Recipients

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APPENDIX E: Additional Guidance for Section 106 State and
Interstate Grant Recipients

This appendix, along with the text boxes found in Section III.1.B.1, provide
guidance for state and interstate grant recipients of grants for water pollution
control programs under Section 106 of the Clean Water Act (CWA). Together,
Section 111.1, the text boxes, and Appendix E replace the corresponding portions
of the biannual Section 106 grant guidance.

Base Program Measures: Section 106 funding supports many of the strategic
targets and goals outlined in the National Water Program Guidance. These
measures include:

SP-10
SP-11
SP-12
SP-13

WQ-1a, b, c (proposed)

WQ-3a

WQ-5

WQ-8b

WQ-10

WQ-12a

WQ-13a, b, c, d

WQ-14a

WQ-15a

WQ-19a

WQ-20

SS-1

Guidance for Core Programs: Guidance for core programs funded through
grants for water pollution control programs under Section 106 of the CWA is
provided in text boxes in Section 111.1. Restore and Improve Water Quality on a
Watershed Basis.

Other programs in the NWPG that can utilize Section 106 Funds: State and
interstate agencies can use Section 106 Grants to carry out a wide range of
water quality planning and management activities. Agencies have the flexibility
to allocate funds toward priority activities. Other activities that may be funded
with Section 106 funds include:

Source Water and Ground Water: EPA regions and states are reminded
that Section 106 grant funds are an essential funding source for the states'
drinking water protection activities. The Agency recommends that states
continue to direct a portion of their Section 106 funding to source water
protection and wellhead protection actions that protect both ground water

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and surface water used for drinking water. States should ensure that
there are protective water quality standards in place, and being attained,
for each waterbody being used as a public water supply. Also, EPA
encourages states to allocate a reasonable share of water quality
monitoring resources to assess attainment of the public water supply use,
and consider using water quality or compliance monitoring data collected
by public water systems in assessing water quality and determining
impairment. States should consider placing a high priority on (a)
waterbodies where state or local source water assessments have
identified highly threatening sources of contamination that are subject to
the Clean Water Act and (b) the development and implementation of
TMDLs to address impairments of the public water supply use. In
particular, states should consider the relationship between point source
dischargers and drinking water intakes in setting permit requirements and
inspection and enforcement priorities. In addition, EPA encourages state
programs to consider using their allocation to leverage the resources of
Source Water Collaborative members and allies, found on:
www.protectdrinkinawater.org. See Section 11.1,B,5 for additional
discussion on the Source Water and Ground Water.

Non-point Source: States, territories, and tribes may use Section 106
funds to develop watershed-based plans and to conduct monitoring on a
watershed basis. States' integrated monitoring designs should use a
combination of statistical surveys and targeted monitoring to cost-
effectively evaluate the health of watersheds and the effectiveness of
protection and restoration actions, such as nonpoint source
implementation projects. In addition, EPA encourages, consistent with the
scope of Section 106, broader efforts to protect and maintain healthy
watersheds, so that costly implementation measures are not required to
restore water quality and aquatic habitat.

Protecting Wetlands: Some states have utilized Section 106 funds for
program implementation, including wetlands monitoring and protection
projects.

Fish and Shellfish Safe to Eat: See the grant program guidance at:
http://www.epa.gov/water/waterplan

Water Safe for Swimming: See the grant program guidance at:
http://www.epa.gov/water/waterplan

Other Guidance: Guidance for the Tribal Program, the Monitoring Initiative, and

Enforcement is provided separately and can be found at:

• Tribal water pollution control programs. See
http://epa.gov/owm/cwfinance/106tgg07.htm

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•	State and interstate use of Monitoring Initiative funds. See
http://epa.gov/owm/cwfinance/106-guidelines-monitor.htm

•	Office of Compliance and Enforcement Assurance National Program
Manage Guidance. In October, 2009, EPA issued the Clean Water Act
Action Plan ("the Action Plan"). The Action Plan identifies steps EPA will
take to improve enforcement efforts aimed at addressing water quality
impairment. The Office of Water is currently working with the Office of
Enforcement and Compliance Assurance (OECA), EPA regions, and
states to implement the Action Plan. For more information on specific
enforcement actions for 2011, please see the 2011 OECA National
Program guidance at: http://www.epa.gov/ocfo/npmguidance/index.htm

Disclaimer: The discussion in this document is intended solely as guidance.
The statutory provisions and EPA regulations described in this document contain
legally binding requirements. This document is not a regulation itself, nor does
not it change or substitute for those provisions and regulations. Thus, it does not
impose legally binding requirements on EPA, states, or the regulated community.
This guidance does not confer legal rights or impose legal obligations upon any
member of the public.

While EPA has made every effort to ensure the accuracy of the discussion in this
guidance, the obligations of the regulated community are determined by statutes,
regulations, or other legally binding requirements. In the event of a conflict
between the discussion in this document and any statute or regulation, this
document would not be controlling. The general description provided here may
not apply to a particular situation based upon the circumstances. Interested
parties are free to raise questions and objections about the substance of this
guidance and the appropriateness of the application of this guidance to a
particular situation. EPA and other decision makers retain the discretion to adopt
approaches on a case-by-case basis that differ from those described in this
guidance where appropriate. Mention of trade names or commercial products
does not constitute endorsement or recommendation for their use.

This is a living document and may be revised periodically without public notice.
EPA welcomes public input on this document at any time.

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