Moving from Water Quality Assessment to Restoration...

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Moving from Water Quality Assessment to

Restoration and Protection: The Clean Water

Act Section 319 Program

August 19, 2015

Nancy Arazan, US EPA Headquarters

Janette Marsh, US EPA Region 5

Peter Monahan, US EPA Region 8

Where to find the info covered in

this session?

• Handbook for Developing and

Managing Tribal Nonpoint Source

Pollution Programs Under Section

319 of the Clean Water Act, 2010

• On EPA NPS website, among other

resources including webinars, at:

http://www.epa.gov/tribal/nps

• EPA Regional Coordinators and

Technical Contacts

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Clean Water Act Section 319

NPS Grant ProgramRequires Tribes and States:

• To prepare an assessment of their NPS

pollution issues or concerns

• Develop a management program to address

identified NPS issues

For the Purpose of:

• Implementing approved management programs,

including on-the-ground projects to reduce NPS

pollutants.

Congressionally Authorized

Funding Section 319 (h)

• CWA Section 518(f)• Authorizes EPA to treat federally recognized Indian

Tribes in a manner similar as states and to award grants through Clean Water Act section 319.

• CWA Section 518(f) originally set a funding cap on section 319 funds awarded to Tribes of 1/3 of 1 percent of available 319 funding.

• Congress has annually, since 2000, authorized exceeding this cap, so EPA has increased funding

for the Tribal NPS Program every year since 2000.

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Tribal CWA section 319

Funding History

Fiscal

Year Tribal Allotment

2000 $2,500,000

2001 $6,000,000

2002 $6,000,000

2003 $6,000,000

2004 $7,000,000

2005 $7,000,000

2006 $7,000,000

2007 $7,000,000

2008 $8,000,000

2009 $8,000,000

2010 $8,000,000

2011 $7,984,000

2012 $7,992,000

2013 $7,570,000

2014 $7,500,000

2015 $ 8,017,094

Starting with FY15, we

will allot to the tribal CWA

section 319 program

either $8M or 5% of the

total CWA section 319

allocation, whichever is

greater.

Current Funding Structure for

Tribal CWA section 319 Program

• Base grant (all section 319 activities)

– $30,000 for Tribes with 1,000 mi2 or less

(640,000 acres) {164 tribes receiving this

funding level}

– $50,000 for Tribes with more than 1,000 mi2

{19 tribes receiving this funding level}

• Competitive grant (primarily implement projects)

- Up to $100,000 to implement on-the-ground

water quality improvement projects

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Fiscal Year 2015 Grant

SummaryBase Grants

162 tribal workplans approved and funded

About $5.2 million

Competitive Grants

30 workplans approved and funded out of a total

of 49 submitted proposals

About $2.7 million

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TOTAL = $8,017,094


Tribal Eligibility Requirements

1. TAS “treatment in a similar manner as a

state”

2. Approved Assessment Report

3. Approved Management Plan

4. Federally recognized Tribe

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From 1997 to 2015, eligible Tribes have increased from 11 to 183 (all

EPA Regions except Region 3 )

The CWA 319 TAS Application

CWA 518(e)

• Federal Recognition

(e.g., Federal Register Notice)

• Governing body carrying out substantial governmental duties and powers. This should include:

– Description of form of tribal government

– Description of governmental functions currently performed.

– Description of source of governmental authority, such as tribal constitution, by-laws, etc.

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The CWA 319 TAS Application

CWA 518(e)

• Function to be exercised by the Tribe pertains to the management and protection of water resources “held by or for the Tribe or otherwise within the borders of an Indian reservation.

• The Tribe is reasonably expected to be capable of carrying out the program.

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CWA 319 TAS ApplicationPertaining To Water Resources

• Must show that activities pertain to waters held by or for a Tribe or “otherwise within the borders of an Indian reservation.”

• Describe the Reservation and Reservation waters.

• Provide Maps

• “Reservation” includes all lands within the exterior boundaries of federally recognized Indian reservations. Tribes which do not have a reservation with established boundaries can seek TAS for trust lands but the specific facts of your situation should always be discussed with EPA.

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CWA 319 TAS ApplicationCapability

• Description of previous management experience;

• Description of existing environmental programs being carried out;

• Description of the organization which will be carrying out the program; and

• Description of technical and

administrative capabilities of staff

which will carry out the program.

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state”




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NPS Assessment Report (Eligibility Requirement)

• A comprehensive technical summary of the condition

of tribal water resources that provides the foundation of

the NPS management program.

Focus:

NPS related impairments

Protection of culturally significant or high quality

water bodies

NPS Assessment Report

Information

1. Identification of waters which will not meet standards

without the control of NPS pollution

2. Identification of the categories and subcategories of

NPS pollution that contribute to water quality issues

3. Description of how those issues will be controlled using

Best Management Practices (BMPs)

4. Description of other programs that might be used for

controlling NPS pollution


Components & Suggested Format

• Cover Page

• Table of Contents

• Body of Report

– Overview

– Introduction

– Methodology

– Land Use Summary

– Surface and Ground Water

Quality

– Results

– Discussion

– Selection of BMPs

– NPS Control Programs

• References / Sources of

Information

• Appendices

• Acronyms &

Abbreviations


Body of the Report

• Overview

– Purpose of the Report

• Introduction

– Reservation & Key Water Information

– Goals & Objectives of the Report

– Include Maps (Reservation Location & Waterways)


Body of the Report

• Methodology

– How and when field data collected

– Sources of historical data

– Sampling design

– Sampling parameters

– Standards used

– Any observations made during data analysis

– Data Management


Body of the Report

• Land Use Summary

– Existing land uses

– Characterization of ecological conditions

• Surface & Ground Water Quality Summary

– Water Types

– Water body & Watershed Size

– Pollution Types

– Usage Information


Body of the Report

• Results

– Major type of biological, physical or WQ

parameter measured

– Nonpoint pollution causes or sources of concern

– Assessment of overall WQ condition

• Discussion

– Interpretation of results

– Identification of the categories of NPS affecting

the water bodies


Body of the Report

• Selection of Best Management Practices

– Identify how you will choose BMPs to address the

NPS issues described

– Who will be involved

• Existing NPS Control Programs

– Describe all existing programs that can assist in

alleviating NPS issues identified

• Conclusion

CWA § 319 vs §106 Assessment


• Assessment of water

quality with a focus on

affects of NPS pollution

• Report should be

foundation for at least 4

yrs of management

work

• Revised as needed

Water Quality Assessment

Report for the 106 Program

• Overall assessment of

all impacts affecting

waterways

• Annual assessment of

water quality in Indian

Country

* While both reports are assessments of water quality, there are some important

differences




state”




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NPS Management Program Plan(Eligibility Requirement)

• Describes how the information in your NPS

Assessment Report will be used to address

identified water quality impairments and threats

Focus:

Action plan that covers at least 4 years into

future

Lists specific program activities

NPS Management Program Plan

Components & Suggested Format

• Cover Page

• Table of Contents

• Body of the Report

– Overview

– Introduction

– Summary of Tribal

Management Program

– Contents of Management

Program Plan

• Identify BMPs, programs,

funding sources

• List of partners and

experts

• Schedule for

implementation of

program

• Certification of tribal

authority

• References

• Appendices

• Acronyms List


Body of the Report

• Overview

– Purpose of the Report

– Summary of Assessment Report

• Introduction

– Goals & Objectives of the Report

– Identify Strategies for Management of NPS Issues

– Describe how both Reservation and Fee Lands

will be addressed


Body of the Report

• Management Program Summary

– Describe Tribal Authorities, Ordinances &

Policies

– Administration location of the management

program

– Describe approach for working with partners in

the watershed and local experts

– Managing cooperative reporting


Body of the Report

• Management Program Description

– Describe the NPS pollution categories and sub-

categories to be addressed

• Each should have a goal with short and long term

objectives

• Schedule of milestones

– Elaborate on specific actions to be taken each year

• Basis for work plans each year

– Describe polluted runoff issues with clearly

identified nonpoint sources

Eligible Activities

• Road stabilization / removal

• Riparian planting

• Culvert removal / replacement

• Stream channel reconstruction

• Storm water management

• Developing a watershed-based

plan

• Livestock exclusion fencing

• Springs protection

• Outhouse removal

• NPS ordinance development

• Project monitoring (pre & post)

• And many more…

Ineligible Activities

• General monitoring of the status of reservation

waters

• Implementing specific NPDES storm water permits

• Implementing permit application requirements of

EPA’s storm water regulations

• Operation and maintenance of NPS implementation

projects

• NPS activities not identified in your NPS

Management Program Plan

Public Notice and Comment

• Tribes must demonstrate that

adequate public notice and

opportunity for comment was

given to the public

– Work with EPA staff to decide

what is appropriate public notice.

– Statement must be provided to

EPA discussing comment period

EPA Approval

• EPA Review of Application

– Including 4 Eligibility Requirements

– Including Attorney certification

– Including Review of Management Plan

and Assessment Report

• Need to update MP and AR every 4-5

years

• Approval needed by 1st Friday in

October for funding that FY

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√

Benefits of Updating AR & MP!!

• New NPS concerns may arise

due to

– Land acquisition

– Additional 106 data analysis

• Base and competitive grant

workplans must be based on

tasks identified in Management

Program Plan

• Provides guidance for new tribal

water program employees

Where to find this info?

• Handbook for Developing and

Managing Tribal Nonpoint Source

Pollution Programs Under Section

319 of the Clean Water Act, 2010

• On EPA NPS website, among other

resources, at:


• EPA Regional Coordinators and

Technical Contacts

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Watershed-based Planning:

a National Perspective

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We all live in a watershed--the

area that drains to a common

waterway, such as a stream,

lake, estuary, wetland, aquifer,

or the ocean--and our

individual actions can directly

affect it. Working together

using a watershed approach

will help protect our nation’s

water resources.

Tribes and

Watershed-based Planning

• Several tribes have completed Watershed-

based Plans

• Up to 40% of competitive CWA Section 319

funds requested can be used towards

developing a watershed-based plan

• Jamestown S’Klallam Tribe WBP

“Protecting and Restoring Waters of the

Dungeness” posted on the NPS Tribal page

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Protecting our Water Resources

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And Drinking Water Resources

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Watershed Project Scenarios using 319 Funding

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A. Implementing a

watershed project on

reservation land

B. Implementing a

watershed project off

reservation land

C. Implementing a WBP on

reservation land

D. Implementing a WBP off

reservation land

Watershed Approach

• Planning conducted by consortium of people working in diverse, well-integrated partnerships

• Planning focus is a specific geographic area (the watershed!)

• Actions in the plan based on sound science and best technology

• Coordinated priority setting and integrated solutions

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4141

6 Steps to Watershed-Based Planning

• Build partnerships

• Characterize the watershed to identify

problems

• Set goals and identify solutions

• Design an implementation program

• Implement the watershed plan

• Measure progress and make adjustments

A Way to Visualize the Process

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Watershed Planning and Implementation

Process: The Approach

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Nine Required Components of WBP

Each of the nine

components (in

white) is derived from

one of the six

planning and

implementation steps

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The Nine Elements

• An identification of the causes and

sources or groups of similar sources

that will need to be controlled to

achieve the water quality goal

– Sources that need to be controlled

should be identified with specificity

• X number of cattle feedlots need upgrading,

which have average xx number of cattle

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Element 2

• A description of the nonpoint source

BMPs that will be needed to be

implemented to achieve a water

quality based goal (as will be described in element 3)

– Or other water quality goals described in the

plan

– An identification of critical areas to be

addressed by the BMPs –priority setting

• Most useful to use a map

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Element 3

• An estimate of the water quality-based

goals expected to be achieved by

implementing BMPs (as described in element 2)

– Estimates should identify specific goals

• Some examples

• Load reductions

• WQ standards for one or more pollutants or water uses

• A total maximum daily load (TMDL)

• Improvements in stream health (increase of fish or bugs)

– Sometimes this level of specificity is not possible, narrative

descriptions or best professional judgment may be used (literature search)

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Element 4

• FOR IMPLEMENTATION

• An estimate of the amounts of

assistance – both technical and

financial

– Estimates of all costs and resources

needed and sources of authority (a COE

permit?)

– Other sources of funding

• Federal, State, local or private funds

48

Element 5

• An information and education

component that will be used to

enhance public understanding and

encourage early and continued

participation in selecting, designing,

and implementing the BMPs

– Engaged participants will be more likely to

sustain the effort

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Element 6

A schedule for

implementing the NPS

BMPs identified in the

plan looking for the

earliest implementation

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Element 7

A description of the

interim, measureable

milestones for

determining whether

NPS BMPs or other

control actions are

being implemented.

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Element 8

• A set of criteria that can be used to

determine if the water quality based

goals are being achieved

– If substantial progress is being made

toward achieving the goals

– If not, the criteria for determining if the

watershed plan needs to be revised• An iterative process

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Element 9

A monitoring

component to evaluate

the effectiveness of

the implementation

efforts over time

measured against the

criteria from element 8

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Fitting it Together

• Characterize your watershed

– Element 1

• Finalize goals and identify solutions

– Elements 2 &3

• Design an implementation program

– Element 4 to 9

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Resources to Help

You Get Started

• Start at the EPA website

– Search using NPS as well as watersheds

– A place called Watershed Central

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Watershed Central

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Difference Between WBP

& NPS Management Program?

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WBP has watershed focus,

whereas NPS management

program focuses on all

reservation waters.

WBP evaluates all potential

sources of pollution, both

point source and nonpoint

source.

319 program covers only

nonpoint sources.

Watershed Plan Builder

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Explore the Plan Builder

• I have created a mock plan

– Use “Marsh Plan” for the title

– Use my EPA email address

• [email protected]

• State is Illinois

• Has pick lists to change beginning

parameters

– Plan drivers

– Self defined “others”

– Populates a plan outline

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Plan Outline

• Introduction

• Watershed

Description

– Physical and natural

features

– Land use and land

cover

• Watershed

Conditions

– Standards and Data

• Pollutant Source

Assessment

– Point, nonpoint

sources, potential

sources

• Linkage of pollutant

loads to water

quality

– Existing and

potential, critical

areas

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Outline (continued)

• Watershed goals

and objectives

– Management

objectives

– Load reduction

targets

• Identification of

management

strategies

– Existing – structural

and nonstructural

– Additional

strategies

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Outline (continued)

• Implementation Program Design

– Management strategies, schedule,

interim milestones, indicators to measure

progress, costs and technical assistance,

information and education, monitoring

and evaluation

Watershed ImplementationAppendices including data inventories

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One Place to Look • The Watershed and Water

Quality Modeling Technical Support Center provides assistance to diverse stakeholders in the implementation of the Clean Water Act.

• The Center is part of EPA’s Office of Research and Development (ORD) providing technically defensible tools and approaches that can be used in …watershed protection plans.

• The Center is proud to announce the Release of Version 2.07 of the QUAL2K Modeling Framework.

• WWQTCS Info

• WWQTCS Home

• Technical Support

• Tools

– Watershed Models

• Basins

• LSPC

• WAMView

• SWMM

• WARMF

– Water Quality Models

• WASP

• QUAL2K

• Aquatox

• EPD-RIV1

– Hydrodynamic Models

• EFDC

• EPD-RIV1

– Database

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STEPL

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EPA’s Review and Certification Process of

Watershed-based Plans

• Review and certification process is done by

your EPA Regional Office

• Review is not regulatory or legal requirement

• Goal is to improve water quality within

reservation waters, and both up and

downstream of reservation boundaries

• Each Region has a different review process,

please contact your Regional Tribal NPS

Coordinator for more information

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USDA Resourcewww.nrcs.usda.gov/technical/efotg

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US EPA

• Management measures - help with

BMPs

• www.epa.gov/nps– Agriculture

– Coastal

– Forestry

– Hydromodification and habitat alteration

– Marinas

– Roads

– Urban

– Wetlands and riparian management

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Funding – a Key Issue

• Tribal 106 Program

• State 319 Program

• Wetlands Program

• Drinking Water & Clean

Water State Revolving Funds

• General Assistance Program

• Non-EPA funds

• Other Federal Agencies

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Importance of External Partnerships

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Big Book

Handbook for

Developing

Watershed Plans

to Restore and

Protect our

Waters

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EPA’s Healthy

Watersheds Program

• Maintain existing healthy watersheds and increase their numbers over time

• Raise the visibility and importance of protecting high quality waters

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Overarching Goals

• Healthy watersheds provide ecosystem services at little

to no cost

• Ecosystems are undervalued, their role is complex and

not always completely understood

• Services provided by intact watersheds are costly to

replicate (if even possible)

• Protecting healthy watersheds represents a wise

investment, providing a variety of monetary and non-

monetary benefits

Go Green.Save Green.

• Habitat & connectivity for native aquatic and riparian species

• Green infrastructure network of native vegetation that

maintains natural hydrology and nutrient and organic matter

inputs

• Natural hydrology that supports aquatic species and habitat

• Natural transport of sediment and stream geomorphology

• Natural disturbance regimes (floods, fires)

• Water quality to supports biotic communities

• Healthy, self-sustaining aquatic biological communities

Healthy Watersheds

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SOURCE

WATER

STORMWATER

/

G.I.

NUTRIENT

STRATEGIES

CWA

404

Healthy Watersheds Program Supports Other CWA Priorities and Programs

TMDL

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• Purpose: Expand visibility and reach of the program, leverage significant external resources, and result in more healthy watersheds protected

• EPA seeds the grant ($3.75M over six years) and grantee (such as a consortium or foundation) brings additional funds to the table– Grantee runs sub-grant program with the leveraged

funds, allowing for more flexibility in nature of HWP projects funded

• For example, purchase of land easements

Healthy Watersheds Program Grant

• Request For Proposals announced October 2014 – Awardee announced soon!

• Sub-grantee RFP anticipated early fall 2015– Tribes will be eligible as sub-grantees

– Sub-grantee project focus:

• Building capacity to protect healthy watersheds, e.g.,– Development of environmental flow protection policies and

regulations

• protecting and restoring healthy watershed aquatic ecosystems and vegetative cover in the landscape that contributes to maintaining healthy aquatic ecosystems, e.g.,

– Implementation of ecological hub and corridor green infrastructure plans and conservation programs

Healthy Watersheds Program Grant

Sub-Award Grants may range from $50k to $150K

• For State, interstate, and tribal healthy watershed programdevelopment including:

• Identifying healthy watersheds through assessments

• Developing and supporting healthy watersheds conservation plans

• Local conservation demonstration and training projects

Grant Facts

Contacts:

Nancy Arazan, [email protected]

Janette Marsh, [email protected]

Peter Monahan, [email protected]

Thank You!

mailto:[email protected]



Moving from Water Quality Assessment to Restoration...

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