CWA For State and Territory NPS Programs. National Nonpoint Source Pollution Control Program

Transcription

1 National Nonpoint Source Pollution Control Program CWA For State and Territory NPS Programs National NPS Meeting, Colorado Springs Adam Jorge Cyd Curtis, HQ

2 Photo: Yin. Hanalei Bay, Kauai HI Context Watershed Planning 319 Grant Mechanics Results and Outreach Photo: Yin. Kalalau Valley Watershed, Kauai HI

3 Bill Ruckelshaus: The biggest problem by far is what s called non-point source pollution. That s the ones that we re all convinced we re not doing any of this this is all some terrible person or all some terrible industry or city that I have no control over. But getting people to manage their land...to control their lives in such a way that they don t contribute to this non-point source pollution problem is proving to be very difficult. Living on Earth NPR A Look Back at the Birth of the Clean Water Act (12/28/12)

4 What is a Nonpoint Source? Point Sources are defined by the CWA as conveyances that discharge: pipe, ditch, channel, conduit, well, container, rolling stock, concentrated animal feeding operations (CAFOs), etc. (NPDES) Nonpoint Sources - NPS ( 319) Not specifically defined under the CWA anything that is not regulated as a point source Includes: agriculture stormwater discharge and irrigation return flows 4

5 NPS Pollution is Diverse and Dominates the Nation s Impaired Waters 5 Agriculture Nutrients, sediment, pathogens, pesticides, metals Row crop runoff, irrigation water, animal facilities Onsite septic systems nutrients, pathogens Acid mine drainage abandoned mines, metals Unregulated urban runoff Pathogens, fertilizer, pet waste, oil & grease, construction sediment Forestry Sediment (slides, road construction, fire), temperature Hydro-modification dams, channel straightening sediment, temperature, habitat destruction

6 NPS pollution Dominates Impaired Waters 215 Million People live within 2 miles of an impaired water Of waterbodies that have been assessed and a possible source of impairment identified 85% of rivers and streams, and 80% of lakes and reservoirs are polluted by NPS

7 Assess Restore and Protect Establish WQ Standards and Beneficial Uses CWA 303 (c) Wetlands Regulatory Permits (dredge and fill) CWA 404 Clean Water Act (CWA) Tools for Watershed Protection and Restoration Monitor and Assess CWA 106 ($) State WQ Report CWA 305 (b) Impaired Waters List (where and what) CWA 303 (d) TMDLs establish goals, identify pollutant loads + sources CWA 303(d) I R NPDES Permits (regulatory stormwater, industrial, wastewater discharges) CWA 402 State Revolving Fund CW SRF ($$$$) Nonpoint Source Program CWA 319 ($) National Estuary Program CWA 320 Planning (How to restore/protect) CWA 319, CWA 104 (b)(3) Geographic Programs SFBWQIF, SNPLMA, Great Lakes ($) 7

8 319 of the Clean Water Act 319(b) - State Management Programs (NPS management Programs) 319(h)- Grant Program In addition to CWA, states follow grant guidelines in spending 319 funds.

9 319(b) Nonpoint Source Management Program Plan. Key Components of an Effective State NPS Management Program 319 Grant Guidelines (2013), Appendix A Explicit short/long term goals, objectives Working partnerships with fed/state/local gov t, NGOs Combine statewide programs & on-the-ground projects, well-integrated with other programs* Describe allocation between restoration/protection Identify waters, set priorities, work over time towards water quality goals Implement CWA 319 (b) components including goals, objectives, annual milestones Manage NPS program efficiently and effectively Review & evaluate NPS program, revise as needed every 5 years (sooner if desired) 9

10 Section 319(h) Funding ( ) $250 $238 $238 $239 $237 Grant Total (millions) $225 $200 $175 $150 $125 $100 $75 $200 $207 $204 $199 $201 $201 $201 $176 $165 $156 $159 $158 $163 $168 $167 $50 $25 $0 Year

11 319 States and Territory Programs Distributed to states annually based on formula In FY17 it was $167.9M distributed to states (Tribes $8M); ~ $1M to ~ $8.3M per state 40% non-federal match required 11

12 Most states run RFP or other competitive processes and award subgrants for watershed projects 12

13 Tribal Section 319 grant 203 tribes currently eligible to receive Section 319 grants Since 2000, on average 9 new tribes have entered the 319 program each year. 13

14 Tribal 319 grant set-aside CWA Section 518: Not more than one-third of one percent of the amount appropriated for any fiscal year under Section 319 to tribes. In FY18, this would equal ~$560K (or ~$3K/tribe) Since 2000, Congress authorized EPA to exceed statutory cap. Current tribal set-aside is 5% or $8M, whichever is greater. ~$5.8M = base 319 grants ~$2.5M = competitive 319 grants 14

15 Watershed Planning 15

16 Watershed Based Plans the Map for Water Quality Results 319 watershed projects must be guided by watershed-based plans Watershed plans are not only the technical workplan guiding work related to: Pollutant loads, sources, critical areas and practices that will have greatest impact on water quality They are also a critical approach for engaging affected stakeholders and landowners in the process along the way. Basically, without local capacity/landowner engagement projects don t happen 16

17 Watershed Based Plans 9 elements 17

18 Watershed plan example Salt Creek, IN Critical & Priority Areas NPS loads vary widely Critical Areas (Red) Need treatment to improve existing poor water quality Priority Areas (Green) Need protection to protect relatively good water quality Based upon: historic water quality data current water quality data confirmed sources projected future development causes of impairment 18

19 Tribal 319: Watershed Planning Per base 319 tribal grant guidelines, EPA strongly encourages tribes to develop and implement 9-element plans to guide NPS work. If a tribe proposes to use 319 funds to develop a WBP, it must incorporate the 9 elements. The list of 9 elements for the Tribal NPS Program is nearly identical to those guiding State NPS efforts, with one important exception: States required to include An estimate of the load reductions expected from management measures to meet water quality standards. Tribes required to include An estimate of the water quality-based goals expected to be achieved by implementing the measures described in the watershed plan. 19

20 Watershed Planning to achieve WQ Results Chapters: 2: Overview of Watershed Planning Process 3:Build Partnerships 4: Define Scope of Watershed Planning Effort 5: Gather Existing Data & Create an Inventory 6. Identify Data Gaps and Collect Additional Data If Needed 7. Analyze Data to Characterize the Watershed and Pollutant Sources 8. Estimate Pollutant Loads 9. Set Goals and Identify Load Reductions 10. Identify Possible Management Strategies 11. Evaluate Options and Select Final Management Strategies 12. Design Implementation Program and Assemble Watershed Plan 13. Implement Watershed Plan and Measure Progress 20

21 We are hilarious. 21

22 319 Grant Mechanics and Funding 22

23 EPA State Nonpoint Source Agency Subawardees EPA announces 319 grant allocations and issues annual grant guidance Pre Award: Work Plan Development EPA and state work to develop grant work plan. EPA region and state negotiate to finalize work plan. State and EPA work to develop grant work plan. State negotiates with EPA to finalize work plan. State submits final application. Many states use Requests for Proposals or other procurement processes to develop work plans (projects to be funded) early in the work planning process. EPA region approves work plan. EPA awards 319 grant funds to state. State uses 319 funds to implement NPS Management Program and approved work plan. Subawards for 319 funds are negotiated with state. Grant Award State distributes funds to subawardees, in accordance with state and federal requirements (e.g., RFP a ) Subawardees use 319 funds to implement NPS projects. EPA and/or state enters NPS informaiton into GRTS b and monitors projects using GRTS. State and/or EPA enters NPS information into GRTS. Subawardees may provide information for GRTS. Post Award: Reporting EPA reviews progress report and program/grant progress. State submits periodic progress reports and interim financial status reports (FSR) to EPA. Subawardees submit progress and financial reports to state agency. EPA determines satisfactory progress. State submits annual report on NPS management program. Project Closeout EPA closes out state grant. State submits final FSR and final report, and closes out grants. Subawardees submit final project and financial reports and close out contract/grant. a RFP process may occur before or after initial grant negotiations and/or award. b GRTS: Grants Reporting and Tracking System Figure 1. Overview of EPA grant award, implementation, and review process.

24 State NPS Management Program 5 Year Plan How 319 Programs Fit Together Water Quality and Programmatic Goals and Annual Milestones Annual 319 Grant Workplans Annual Reports SPPD Annual 319 Grant Workplans Annual Reports SPPD Annual 319 Grant Workplans Annual Reports SPPD Annual 319 Grant Workplans Annual Reports SPPD Annual 319 Grant Workplans Annual Reports SPPD Results, Tracking and Adaptive Management Update 5 YP 24

25 CWA 319 $ Support States and Territories Program and Project Funds: Two Colors of Money Implement State NPS Management Program Plans Programs Projects Implement Watershed Plans to Restore NPS WQ Impairments and Protect High Quality Watersheds Staff Regulatory and nonregulatory state NPS programs and policies Watershed Plan and TMDL development and tracking Monitoring and Assessment Education and Outreach On-the-ground projects to improve WQ and prevent impairments Project Grant Eligibility Implement a Watershed Plan and/or TMDL Targeted to WQ improvements and achieve load reductions Coastal NPCP (CZARA) Implement protection measures Not be NPDES Permit Requirement

26 Work Plans 1) Connection with goals and objectives in NPSMP 2) Has programmatic, technical and/or scientific Merit 3) Includes costs that are eligible reasonable consistent with the grant 4) Well coordinated with other state/federal programs 5) Identifies and resolves gaps between program objectives and planned activities 6) Identifies, outcomes, outputs and results 7) Facilitates tracking progress toward national goals and WQ standards

27 General Overview of Grant Conditions: EPA Grant Conditions Financial : reimbursement, EFT) Cost: consultant Cap, Management fees Reporting: including subawards, indirect cost rate, Audit requirements Programmatic - Acknowledgement, Copyrights, electronic information, Light refreshment (updated) Public Policy Civil Rights, Lobbying, Recycled paper, Drug-free Cyber security Public Awareness 319 Financial: Non-federal match, obligation of funds, Maintenance of Effort, Limitation on Administrative Cost Reporting: Project Reports, Annual NPS Program Report,GRTS, STORET, Success Stories Programmatic: Quality Assurance, Sufficient Progress, Watershed Based Plans, O&M, Permits, National Meetings, TMDL Substantial Involvement (only if cooperative agreement)

28 Progress Reports A description of the evaluation process and a reporting schedule must be included in the workplan. accomplishments as measured against workplan commitments; cumulative effectiveness of the work performed under all work plan components; existing and potential problem areas; and Suggestions for improvement, including, where feasible, schedules for making improvements.

29 Final Reports Executive summary Introduction: project area, HUC number(s), data from historical reports, rationale for pursuing grant funds, and the NPS problems in the project area. Project Goals Objectives and Activities Planned and actual milestones, products, and completion dates Evaluation of goal achievement and relationship to the state NPS management plan Monitoring Results Public involvement and coordination ( including partner Agencies) Other Sources of Funds Aspects of the Project that did not work well Future Activity Recommendations

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31 Clean Water Act Section 518(e) established the pathway for tribes to become eligible for Section 319 grants. 31

32 Tribal 319 Program Notable differences from State 319 Programs How 319 grants are allocated to eligible tribes and intertribal consortia Base Tribal 319 Grant Guidelines (effective January 6, 2011 and beyond) Annual Tribal 319 Competitive Grant Request for Proposals Reduced match requirement, if tribe qualifies for hardship waiver (or if tribe adds 319 grant to PPG) Watershed-based planning: flexibility in describing water quality-based goals (rather than pollutant load reductions) 319-funded work must be activities that are related to waters within a reservation (CWA Section 518e) 32

33 Base 319 Grants $30K (<1,000 mi 2 ) or $50K (>1,000 mi 2 )/year Most in Performance Partnership Grants (PPGs) Example activities (most tribal staff-led): NPS program administration Watershed planning/partnerships NPS water quality monitoring (e.g., previous year competitive projects) NPS project prioritization (e.g., GIS mapping, data mgmt.) Project implementation (e.g., riparian restorations; demonstration projects) Education/outreach events 33

34 Competitive 319 Grants Projects that develop and/or implement watershed-based plans and implement watershed projects that will result in significant steps towards solving NPS impairments on a watershed-wide basis. <$100K (< 20% of 319 funds for watershed planning) Annual RFP. All 319-eligible tribes may apply. Typically ~40-45 proposals/year, awarded. As of tribes have applied at least once 91 tribes have received >1 competitive grants 30 tribes have received > 5 competitive grants 34

35 How are competitive proposals evaluated? Criteria to assess extent to which applicant has Identified specific NPS pollution sources contributing to documented water quality problems/threats. Adopted a watershed approach in siting and designing a BMP implementation project that will address the NPS pollution sources, and link to other efforts within watershed. Clear project goals/objectives, measures to track environmental results. Reasonable, achievable budget and schedule. Clearly stated roles/responsibilities of parties involved. 35

36 FY13-17: 133 competitive projects Top NPS pollution sources: Hydromodification Removal of riparian vegetation (77 projects) Agriculture Range grazing (39 projects) Silviculture Harvesting/residue management (19 projects) Urban runoff/stormwater Highway/road/bridge runoff (19 projects) Top NPS Pollutants: Sediment Nutrients Pathogens Metals NRCS cited as partner in 33 projects Limited watershed planning as part of project (< 10% of projects) Most common BMPs: Streambank & shoreline protection (62) Wetland restoration (42) Erosion and sediment control (34) Outreach/Education (32) Fencing (25) 36

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38 Results and Outreach 38

39 Section 319 Projects by Type

40 319 Investment by Project Type ( ) Agriculture Hydromodification Urban Resource Extraction 40

41 Land use, NLCD, Land Atlas, Ag Census Agriculture 319 Investment by Project Type ( ) 41

42 Land use, NLCD and Census Urban 319 Investment by Project Type ( )

43 Land use National Hydrography dataset. Top 5-10% Hydromodification 319 Investment by Project Type ( )

44 Land use, USGS, mineral resources database Resource Extraction 319 by Project Type ( )

45 Annual pollutant load reductions 45

46 And you thought GRTS was just for breakfast 46

47 The 319 Program s Grants Reporting and Tracking System (GRTS) GRTS is the 319 Program s primary tool for project reporting and data collection Tracks 319 grant records Details NPS Projects and Program work Identifies geographic areas of work Documents water quality outputs/outcomes GRTS centralizes data input and output, for easy access and reporting Useful to oversee grant and environmental progress Integrates 319 program information with other EPA data systems Provides information to outside stakeholders

48 The 319 Program s Grants Reporting and Tracking System (GRTS)

49 Other things data as part of grant requirement can do, has done 49

50 Nonpoint Source Program Delivers Results 5 0

51 Results: ~ 11,000 miles of streams and rivers, 290,000 acres of lakes and ponds restored for one or more impairments 792 water bodies ( 743 Type 1, 37 Type 2, 12 Type 3) covered in 515 stories Most frequent pollutants: Sediment, Pathogens, Nutrients, Acid/Metals Most frequent types: Agricultural, closely followed by Urban FY18: 82 waters improved covered by 64 stories (67 Type 1, 9 Type 2, 6 Type 3) Nonpoint Source Success Stories Distance (mi) 15,000 10, , ,000 Area (ac) 5, , ,000 Miles of rivers and streams restored ( ) 0 Typ e 1 Acres of lakes, ponds restored ( ) Type 1 Type 2 Type 3 Year Year

52 Tribal Success Stories: EPA Region 9 pilot promoting Tribal 319 Program successes Interested? Contact us! Howard Kahan (kahan.howard@epa.gov) Adam Jorge (jorge.adam@epa.gov) 52

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