Nonpoint Source Control One

In 1987, when Congress amended the Clean Water Act, Section 319 was added. Section 319 established a national program to control nonpoint sources of pollution (also known as polluted runoff). In program guidance, the EPA defines nonpoint source pollution as “…caused by rainfall or snowmelt moving over and through the ground and carrying natural and human-made pollutants into lakes, rivers, streams, wetlands, estuaries, other coastal waters, and groundwater. Atmospheric deposition and hydrologic modification are also sources of nonpoint pollution.” (2003 319 Guidance.)

Section 319 strategies

Section 319 contains three main strategies for addressing polluted runoff:

• requiring states to prepare assessments of their nonpoint source pollution problems,
• requiring states to develop management programs to address the problems identified in their assessments and
• creating a grant program that allows the EPA to fund state programs for nonpoint source assessment and control.

Finding your state's assessment and program

All states completed their initial assessments and established their first approved nonpoint programs by 1990. Although not required by the Act, the EPA and the states have worked together to update assessments and programs. EPA guidance in the mid-1990s required states to update their programs, a process that was completed for all states by 2001. The states are now scheduled to review, evaluate and revise their nonpoint source assessment and program at least once every 5 years, as required by the guidance. You can contact your state Section 319 coordinator for documents and specific information related to your state's nonpoint source problems, threats and management program.

Components of a 319 program

Section 319 requires each state to create and implement a nonpoint source management program. Each state program must identify the best management practices that will be employed to control nonpoint source pollution in the state and the specific programs (local, state, federal) that will be used to implement the selected management practices. In addition, a schedule for implementation must be developed that includes milestones for measuring the progress of the state program (CWA, Section 319(b)(2)(A)-(C)).

Section 319 grants

Congress appropriates funds for the 319 grant program annually. These funds go to the EPA, which then distributes grants to the states based on a formula. The formula calculates each state's grant based on factors such as population, cropland acreage, critical habitat acreage and others. According to the Act, funds cannot be granted to any state that did not make “satisfactory progress” with its nonpoint program during the previous fiscal year (CWA section 319(h)(8)). However, this requirement has rarely been invoked.

Each state can use up to 10 percent of its 319 funds to administer its nonpoint source management program (2003 319 Guidance). The remaining funds are usually distributed through state-run pass- through grant programs. They can also be used by the state agency to implement specific nonpoint source control projects.