What is a nonpoint source of pollution?

The term "nonpoint source pollution" has been used in many different ways in many different contexts over the past twenty-five years. Some define it as "polluted runoff from rain or snow," others as pollution from "diffuse sources," and still others, more colorfully, as "poison runoff."

What is Section 319 Funding for Nonpoint Source Control?

In 1987, Congress passed Section 319 of the Clean Water Act, establishing a national program to control nonpoint sources of pollution. In its guidance for the 319 program, 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 ground water. Atmospheric deposition and hydrologic modification are also sources of nonpoint pollution."

The program is applied differently in every state. It has generally focused on specific projects. As a response to Clinton's Clean Water Action Plan, announced in 1998, the 319 program is supposed to stress a watershed-based approach to nonpoint source management. This approach can include protection or restoration of wetlands and riparian areas to reduce nonpoint source pollution.

Section 319 makes grant money available for projects that attempt to reduce nonpoint source pollution from agriculture, forestry and urban sprawl.

As of the end of 1996, the EPA has provided $470 million in grants to States to implement nonpoint source programs.

How can Section 319 grants make a difference?

Projects that have received funding from section 319 grants range from information and educational programs to the demonstration of innovative technologies and watershed-based approaches to solving water quality problems. With the help of section 319 grants, States have been able to address site- and watershed- specific water quality problems by giving out money - especially focused on innovative technological approaches in many states - as well as to use the money within the agency to initiate and maintain statewide nonpoint source programs. The Clean Water Action Plan calls for future 319 grants to focus more closely on watershed restoration projects.

Who qualifies for Section 319 grants?

The EPA has redesigned its Section 319 grant program to help states, territories, and their partners implement Watershed Restoration Action Strategies for priority watersheds. These watersheds have been identified as the first step in performing Unified Watershed Assessments - work that began in 1998 as part of the Clean Water Action Plan.

Who are "their partners?"

Partners can include state environmental agencies and their sister state agencies that are involved in managing natural resources such as forestry, soil and water. They can also include Indian tribes, other federal agencies and non- government organizations like watershed councils and environmental groups.

How does the state manage the 319 money for the EPA?

EPA provides states flexibility in determining their own priorities and methods for choosing and implementing watershed projects. States may use Section 319 funds for nonregulatory or regulatory programs for enforcement, technical assistance, financial assistance, education, training, technology transfer, demonstration projects, and monitoring to assess the success of specific nonpoint source implementation projects. In general, no 319 money is specifically allocated for monitoring or data collection.

States may use up to 20 percent of their Section 319( h) funds, or $250,000, whichever is less, to update and refine their programs and nonpoint source assessments. Section 319 funds may also be used to fund any urban storm water activities not specifically required by a draft or final NPDES permit. In addition, abandoned mine reclamation projects designed to protect water quality are eligible for Section 319 funding. But Section 319 funds may not be used to implement specific requirements in a draft or final NPDES permit.

The state must match the federal 319 grants by 40% or more. In many states, the 40% match is passed on to the grantees.

What is the EPA's top priority for Section 319 grants?

National guidance for the states’ use of 319 dollars was recently updated. The update placed an increased emphasis on using the funds to develop Total Maximum Daily Load (TMDL) cleanup plans and to implement the nonpoint source reductions in those cleanup plans. Where a TMDL has not yet been developed, the guidance requires a watershed plan be designed with a goal of reducing nonpoint pollution loadings.

For more information, view the guidance at http://www.epa.gov/owow/nps/Section319/319guide03.html. Additional guidance is expected for FY 2004.

How often is 319 money given out?

The money is paid out annually. With few exceptions, the 319 program does not fund multi-year grants.

How does an entity qualify for 319 money?

Every state implements the 319 program differently. The process may begin with an application or a concept paper. In the past, funded projects usually involved technological innovations for restoration and remediation. The new focus is supposed to be on basinwide projects developed jointly with numerous stakeholders or watershed councils. The greater that projects leverage federal funds with a local match, the more appealing they will be to the state agency. Many states require a local match; find out what the amount is.

Where do I apply for Section 319 dollars for my project?

Most applicants should go directly to their state environmental agency. Regional EPA offices award the grants to the state, and the state selects the projects it proposes to fund and allocates the money. The EPA may simply agree with the state's implementation of the program.

Can I influence how 319 money is used and distributed?

Yes. One of the best ways is to participate in a watershed council or other stakeholder group in applying to the State for 319 money.

What should I do if I am unhappy with the way my state is managing the 319 grant money?

States are not required to hold public hearings or take comment on the 319 grant program. Your alternatives include voicing your concern through your watershed council, meeting personally with state agency officials, and expressing your concerns to the EPA.

What other laws address nonpoint source pollution?

The Coastal Zone Management Act (CZMA) Reauthorization Amendments of 1990 (CZARA) required the 29 coastal states with federally approved coastal zone management plans in 1990 to develop and submit coastal nonpoint source pollution control programs for approval by the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA). States were required to issue management measures for certain categories of runoff and erosion, and to evaluate nonpoint sources and identify coastal areas that would be negatively affected by specified land uses.

Section 6217(g) of the amendments required EPA to develop guidance for state implementation of nonpoint source pollution management measures. In 1991, EPA proposed guidance on management measures for five major categories of nonpoint sources. In 1992, EPA provided an update on its development of guidance for an agricultural management measure for erosion and sediment control, an agricultural management measure for confined animal facility management, and a management measure for urban runoff in developing areas. In some states, this is one of the few regulatory ways to address nonpoint source pollution.

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