SECTION 319 GRANT GUIDANCE

Nonpoint source pollution, also known as runoff or diffuse pollution, is the number one contributor to water quality degradation in Alabama. NPS pollution accounts for approximately two-thirds of the water quality impairments in Alabama’s streams and lakes. Unlike point source pollution, which enters waters from definite sources such as discharge pipes from wastewater treatment plants, NPS pollution originates from numerous, often-diffuse sources. As rainfall or snowmelt runoff moves over and through the soil, it picks up and carries away natural and human activity pollutants. These pollutants are eventually deposited into lakes, rivers, wetlands, coastal waters, and ground waters. Habitat alteration and hydrologic modifications can also have adverse effects on the chemical, biological and physical integrity of surface waters.

Nonpoint source pollution is caused by numerous activities associated with farming, logging, mining, construction runoff/sedimentation, atmospheric deposition, land disposal, recreational activities, onsite sewage systems, riparian area degradation, and streambank destabilization. It can also be caused by man’s day-to-day activities, such as driving vehicles that leak fluids, misuse of lawn care products, dumping petroleum products and anti-freeze into drains and ditches, and improperly treated residential wastewater

Nonpoint source pollutants such as pesticides, fertilizers, nutrients, metals, sediment, and bacteria and other pathogens resulting from the various activities mentioned above are picked up by runoff and carried into receiving waters. These pollutants can threaten human health and be toxic to livestock, wildlife, and aquatic organisms. They can also affect the safety of our drinking water, make waters unsafe for recreational activities such as fishing and swimming, and can destroy natural aquatic ecosystems.

In some cases, the distinction between point and nonpoint sources is unclear. Such is the case with urban stormwater runoff and onsite septic systems. Although stormwater runoff is usually from diffuse sources, it is treated as a point source if it is discharged from a storm sewer system. In addition, while septic tanks are a definite identifiable point source, the waste behaves as a nonpoint source pollutant as it is discharged to field lines and moves through (or over) the soil and eventually into surface or groundwater. Atmospheric pollutants and deposition also makes point/nonpoint source distinction difficult.

HOW ARE NONPOINT SOURCE POLLUTION

CONTROL PROJECTS FUNDED?

(BACK)

SECTION 319. SUBSECTION (h): The Clean Water Act (as amended 1987) authorized federal grant funding for NPS pollution control demonstration projects that support implementation of an EPA approved Alabama NPS Management Program. Section 319(h) of the CWA mandates all states to assess the nature and degree of water quality impacts associated with NPS pollutants, provide a state NPS assessment document, and to implement programs that address NPS water quality impacts. It also specifies certain requirements which states must meet in order for EPA to approve NPS Management Programs. Major categories of NPS pollution include agriculture, silviculture, construction, urban runoff, land disposal, habitat/hydromodification, and resource extraction. Section 319(h) grants may fund statewide and watershed specific NPS pollution management and control projects, demonstrations of NPS best management practices, and education and outreach efforts.

PROJECT FUNDING ASSISTANCE: Alabama receives a limited amount of federal Section 319 grant funds with which to implement the Alabama Nonpoint Source Management Program each year. These funds must be matched at 40% by NON-FEDERAL funds. Match does not have to be “real” dollars. “In-Kind” non-federal match is acceptable if allowable under EPA rules and IF ADEQUATELY DOCUMENTED (e.g. volunteer time, donated/contribution of materials, forfeited indirect costs, services, etc.)

Note: States are not “guaranteed” annual Section 319(h) grant funding. Annual funding amounts may also vary. Dates of transfer of federal funds from the U.S. Environmental Protection Agency-Headquarters, (Washington, D.C,) to EPA Region IV, and ultimately to Alabama, usually vary from year to year.

Section 319(h) grant funds can be used to pay for up to sixty percent (60%) of the Total Cost of each project.

The cooperator MUST provide a minimum nonfederal match of 40% of the Total Cost of the Project.

PROJECT RANKING: Priority funding ranking is, among other factors, based on the overall merit of the project, how well the project addresses implementation of the Alabama NPS Management Program and how well the project will improve water quality (quantifiable results).

PROJECT EVALUATION AND PRIORITIZATION: Unless otherwise noted or allowed, the deadline for submitting Draft workplans to the ADEM NPS Unit is July 30th each year for both Base and Incremental 319 funding. Note: These deadlines may be revised by ADEM and may be contingent on annual grant guidance release date variability; to reflect implementation of immediate EPA national or regional guidance components and requirements; unanticipated project submittal limitations or issues; NPS TMDL development and TMDL implementation plan development and timelines, or other unforeseen priorities. It is strongly suggested that cooperators confirm proposal due dates and acceptability criteria with ADEM early in the proposal development stage and prior to submitting proposals.

Beginning the FY2003 grant year, Section 319 Incremental funds will primarily target implementation of TMDLs for waterbodies listed on Alabama’s 1996 Section 303(d) List of Impaired Waters. Targeted waterbodies must have a NPS TMDL developed for that pollutant of concern and the proposals should address the particular TMDL pollutant causes and sources as listed for the targeted waterbody. In order to assure long-term health of a watershed, additional sources of impairments may also be eligible for funding, however the proposal should focus on targeting the impairments that caused the water to be listed on the Section 303(d) list. Incremental funding proposals must reference or be submitted with a completed “in-place” river basin or watershed based plan and TMDL Implementation Plan. Projects that are primarily education and outreach in nature may be considered for funding based on their individual merits and how well the project addresses the TMDL pollutant(s) of concern. Applicants are encouraged to coordinate their proposal at an early stage with ADEM’s NPS Unit to assure that the project scope is compatible with EPA’s latest Section 319 guidance and the Department’s TMDL development timelines. Note that Section 319 Base grant proposals are not required to have a NPS TMDL developed or a TMDL implementation plan as a condition for funding.

For information on EPA’s FY2003 Nonpoint Source 319 Grant Guidance refer to: Supplemental Guidelines for the Award of section 319 Nonpoint Source Grants to States and Territories in FY2002 and Subsequent Years. Robert Wayland III, Director. EPA Office of Wetlands, Oceans, and Watersheds. September 5, 2001. http://www.epa.gov/owow/nps/Section319/fy2002.html.

Proposals may be evaluated by a Project Review Committee composed of persons knowledgeable about the issues related to NPS pollution in Alabama. Each reviewer, using a standardized NPS Unit project ranking criteria form, may assign a numerical score to each evaluation-rating criterion. Ratings are based on the relative importance of each criterion to achieving success of the project. After committee members have independently evaluated the proposal, they may collectively meet together to discuss project funding PRIORITIZATION. Each reviewer’s independently derived numerical score is combined and averaged to derive an overall project rating score. The overall project score may then be used as a basis for funding with the highest derived scores assigned the highest funding order. Alternately, the ADEM, as the state lead NPS pollution control agency and Section 319 grant administrator, may independently provide particular funding approval and grant award amounts to ADEM prioritized projects (generally related to latest grant guidance or EPA priority project funding issues such as addressing TMDLs).

The NPS Unit will notify each applicant whether their project(s) rank high enough for potential funding, or if the project(s) do not meet EPA or ADEM Section 319 funding criteria, rules or regulations. Some projects may be elevated in prioritization based on immediate needs such as EPA/ADEM priorities; abating an unforeseen NPS related “emergency”; targeting a serious health risk; or other immediate and real endangerment to quality of life and water quality protection. Departmental priorities as directed by EPA or the ADEM Director may also elevate funding consideration prioritization without regard to the rank score assigned by the standard NPS Unit evaluation form.

NOTE: While providing research related to water quality is certainly a desirable component of nonpoint source pollution control efforts, projects which are predominately RESEARCH ORIENTED or ACADEMIC in nature do not qualify for Section 319(h) grant funds.

In addition, because Alabama’s Section 319(h) funding is limited, it is unlikely that all proposals will be funded. Projects will compete against other projects for limited funds. Some projects may only receive partial requested funding. Project BUDGETS will be highly scrutinized during the project review process, therefore it is important to provide detailed budget sheets. Be as economical and practical as possible. Most comments noted by project reviewers relate to careless attention to detail and inflated budgets.

NONPOINT SOURCE IMPLEMENTATION

AND PROGRAM DIRECTION

(BACK)

Implementing a balanced NPS pollution control program is important in meeting EPA’s objectives to present “a balanced approach between individual watersheds and statewide NPS programs.” This approach appears to have the greatest potential for success in protecting, improving and/or maintaining water quality standards and preventing degradation from both present and future sources of NPS pollution. Therefore, Alabama’s Section 319(h) grant funded projects address both statewide and local/watershed specific projects.

The ADEM NPS Unit strives to achieve a “balanced” local watershed/statewide grant program. The EPA and the ADEM NPS Unit is moving away from temporal and spatially inefficient and routine NPS “demonstrations” and toward a more HOLISTIC WATERSHED APPROACH (community based). Section 319 NPS management efforts will focus attention on priority surface and groundwater problems within geographic drainage areas, i.e., a river basin/watershed approach. The approach consists of implementation of a coordinated framework of public and private sector partnerships that collectively address all environmental problems in the watershed holistically. The watershed approach is characterized by the following guiding principles:

1. Institute well-integrated cooperative partnerships

2. Target specific geographic or watershed areas on a rotational basis

3. Promote community based/locally driven management plans and objectives

4. Provide strong science and data in the decision making process

5. Integrate stakeholder input into priority setting and solutions

6. Measure and document progress and success

The ADEM NPS Unit initiated the river basin/watershed approach with the FY96 Section 319(h) grant workplan. The 5-year rotational river basin approach involves assessing NPS water quality, identifying and prioritizing NPS impacted watersheds, forming partnerships (roles and responsibilities),and coordinating and providing funding for watershed protection activities. High priority is given to Section 319 project proposals that address problems according to the ADEM priority river basin management rotation schedule.

Actual implementation of watershed programs, including “on-the-ground” best management practices may vary because of unknown assessment needs, logistics, and scheduling timelines. Basically, Section 319(h) proposals will be requested in the year following completion of the river basin assessment.

EXAMPLES OF FUNDABLE AND NON-FUNDABLE PROJECTS (BACK)

General Uses of Section 319(h) Grant Funding:

· Non-regulatory and regulatory enforcement

· Technical assistance

· Financial assistance

· Education and outreach

· Training

· Technology transfer

· Demonstration projects (best management practices)

· Monitoring to assess the success of specific NPS projects

· Supporting adequate project staff

· Purchase of necessary project equipment, materials and supplies

· Presenting, coordinating, or attending conferences, meetings and seminars

Specific Uses of Section 319(h) and Incremental Grant Funding:

· NPS related Lake Restoration and Remediation activities

· To update and re-focus the Alabama NPS Management Program and Alabama NPS River Basin/Watershed Assessment Reports

· Total Maximum Daily Load (TMDL) Development – funds can be used to develop TMDLs or to implement those TMDLs that have been approved.

· Assessment work either as part of specific watershed projects, or as part of overall statewide, regional, or ecological effort, in order to prioritize NPS problems, evaluate the effectiveness of the NPS management programs, and measure progress toward environmental goals.

· Groundwater activities (must be identified directly in the State’s NPS Management Program or through incorporation in the Management Program by reference to the State’s Ground Water Protection Strategy or Comprehensive State Ground-Water Protection Program).

· Urban Storm Water - activities NOT REQUIRED by draft or final NPDES permits.

a. Funds CAN NOT BE used to implement requirements of municipal or industrial NPDES permits. Funds MAY NOT be used for mapping storm systems; identifying illicit connections; characterizing storm water discharges; monitoring required by NPDES permits; or to implement BMPs or end-of-pipe treatments required by a draft or final NPDES permit.

b. Funds CAN BE used to provide urban storm water technical assistance to State and local water programs; monitoring needed to design and evaluate the effectiveness of implementation strategies, BMPs for pollution prevention and runoff control (except for BMPs required by a draft of final NPDES permit); information and education programs, training; development and implementation of regulations, policies, and local ordinances to address storm water runoff (must apply to both NPDES covered as well as non-permitted areas), and/or for urban stormwater discharges that are not addressed by existing Phase I stormwater requirements.

· Abandoned Mine Lands

a. Funds CAN NOT BE used to implement specific requirements of a draft or final NPDES permit.

b. Funds CAN BE used to remediate water pollution from abandoned mines or portions of abandoned mines that have NOT been issued or is covered by a Draft or Final NPDES permit; mapping and planning remediation at abandoned mineland sites, monitoring needed to design and evaluate the effectiveness of implementation strategies; technical assistance to State and local abandoned mineland programs; information and education program, technology transfer and training; and development and implementation of policies to address abandoned minelands.

EXAMPLE MEASURES OF SUCCESS (BACK)

Section 319(h) workplan projects should address waterbody/watershed problems holistically. Possible Indicators or Measures of Success for Section 319(h) projects may include, but not be limited to the following:

A. Water Quality Improvements and Designated Use Support

1. Number or percentage of river/stream, lake, estuarine acres, miles, or square miles that fully support their designated use classification

2. Number or percentage of river/stream, lake, and estuarine acres, miles, or square miles that come into compliance with one or more designated uses

3. Number or percentage of river/stream miles, lake acres, and estuarine square miles that come into compliance or with one or more numeric water quality criteria or standards.

4. Documented analytical improvements in chemical, physical, and biological water quality parameters that meet state water quality standards

5. Abatement of NPS impairments (e.g., number of river miles or segments removed from 303(d), 305(b), or NPS assessment threatened lists)

6. Number of interagency projects that annually target prevention of impairments in UWAs

7. Restore and protect watersheds so that 75% of waters support healthy watersheds by 2005

8. Establish nutrient criteria and water quality standards by 2003

9. Other

B. Preserving and Enhancing Public Health

1. Reduction and abatement of estuarine and coastal shellfish closures per year

2. Opening of previously closed shellfish areas for human consumption

3. Reduction in number and/or lifting of fish consumption advisories

4. Abatement or reduction of surface and groundwater source drinking water system treatment violations

5. Documented reduced filtering requirements at drinking water treatment facilities as a result of NPS management measures to protect human health or for other beneficial uses

6. Number of beach, body contact, or other recreational waterbody use closures

7. Other

C. Enhancing Ecosystems and Watershed Load Prevention and Reduction

1. Reductions in NPS loadings (e.g. lbs, %, etc.) from impaired/threatened watersheds and airsheds

2. Statewide reduction in NPS pollutant loadings

3. Prevent or minimize new activity loadings, and/or offset of new loadings from existing sources

4. Reductions or prevention of increases, of peak runoff flows from developing or developed areas

5. Number of waterbodies removed from Section 303(d) and Section 305(b) list of impaired waters

6. Percent, miles, or acres of waterbodies with healthy aquatic ecosystems

7. Prevention of beach or recreational waterbody use closures

8. Reduction or de-listing of air quality non-attainment areas

9. Documented ambient human health protection efforts

10. Environmental improvement trend analyses and study documentation

11. Specific pollutant trend analyses and study documentation

12. Measurable reduction in nutrients from runoff to surface and groundwaters

13. Reversal and/or abatement of upward trend in NPS related waterbody eutrophication

14. Reduce sediment loads to streams by 20% by 2005

15. Maintain or reduce statewide and watershed specific erosion to “T” levels by 2015

16. Other

D. Implementation of NPS Controls

1. Number and types of NPS category best management practices implemented

2. Number of TMDLs developed

3. Number of plans developed for erosion and sediment control, stormwater runoff, nutrient management, pest management, landuse planning, etc.

4. Number of municipalities with local enforceable storm water runoff ordinances or regulations