Memorandum
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SUBJECT:
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Guidance for Future State Ground Water Protection Grants
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FROM:
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Robert Perciasepe
Assistant Administrator
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TO:
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Regional Water Division Directors
Regional Ground Water and Drinking Water
Representatives,
Regions I-X
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Purpose
Section 1429 of the Safe Drinking Water Act Amendments (SDWA) of 1996
authorizes the Administrator to make grants to states to develop and
implement programs to ensure the coordinated and comprehensive
protection of ground water resources within the state. While Congress
has not yet appropriated funds for these grants, the purpose of this
memorandum is to fulfill the Environmental Protection Agency's
(EPA) statutory requirement to provide guidance to identify the key
elements of state ground water protection programs and to establish
grant application procedures should funds become available in the
future.
Key Elements of State Ground Water
Protection Programs
It is EPA's understanding that the type of state program
outlined and intended by the new section 1429 is that described in the
Agency's 1992 Final Comprehensive State Ground Water Protection
Program (CSGWPP) Guidance document (EPA 100-R-93-001). Indeed, the
Senate Committee on Environment and Public Works Report (Report
104-169, November 7, 1995) states that: "The new ground water grant
program may be used to support states implementing the CSGWPPs and
will provide a financial incentive for other states to join the
program." The 1992 guidance document encourages states to develop and
implement CSGWPPs, as an integral part of watershed protection. In
that guidance, EPA identifies the six strategic activities which are
the key elements of a CSGWPP. They are: (1) establishing a state
ground water protection goal; (2) establishing priorities to direct
all relevant programs and activities in the state to most efficiently
and effectively achieve the state ground water protection goal; (3)
defining authorities and responsibilities across relevant programs
state-wide for addressing established state ground water priorities;
(4) implementing efforts to accomplish the state ground water
protection goal consistent with the state priorities and schedules;
(5) coordinating information collection and management; and (6)
improving public education and participation in ground water
protection to support the state ground water goal. Furthermore, EPA
recommends that states integrate the development and implementation of
CSGWPPs and state source water assessment and protection programs as
set forth in the Agency's August 1997 State Source Water
Assessment and Protection Programs Guidance.
Grant Application Procedures
Provided funding becomes available, states are eligible and may
apply to receive a ground water protection grant under section 1429 of
SDWA to develop or implement programs to ensure the coordinated and
comprehensive protection of ground water resources within the state.
A grant made under section 1429 must be consistent with the procedures
set forth at 40 CFR Part 31. A state may apply for a grant under
section 1429 whether or not it has an EPA-endorsed CSGWPP. If a state
has an EPA endorsed core CSGWPP, then the state should submit a grant
workplan that is consistent with its multi-year program agreement
which describes how the state will further develop its core program to
achieve a fully-integrating CSGWPP.
If a state does not have an EPA-endorsed CSGWPP, then it should
submit a grant workplan which describes the activities it will
undertake with the section 1429 grant to develop its core CSGWPP.
These states may use a grant to develop a core CSGWPP pursuant either
to EPA's 1992 guidance or to a supplemental guidance to be
issued in the fall of 1997. The supplemental guidance will require
less information from the state than is currently required under the
1992 guidance. While it is anticipated that the new guidance will
allow a state to submit a simplified description of its CSGWPP, EPA
fully expects the state to develop a program consistent with all of
the adequacy criteria set forth in the 1992 guidance.
If funds are appropriated for section 1429 ground water grants, EPA
will produce supplemental guidance which will describe:
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the method for allocating grant funds and the actual allocations
among the states;
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the specific process and criteria for EPA approval of grant
applications;
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the substance and process of state proposals for innovative
prevention programs for ground water contamination; and
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state reporting requirements.
CSGWPPs Should Continue
Since publication of the Final Comprehensive State Ground Water
Protection Program Guidance in late 1992, EPA has been encouraging
states, on a voluntary basis, to develop and implement CSGWPPs. Seven
states have EPA-endorsed core CSGWPPs to date (Alabama, Connecticut,
Illinois, Massachusetts, New Hampshire, Oklahoma, and Wisconsin). In
addition, twelve others have begun the endorsement process.
CSGWPPs are designed to: focus source control programs on
preventing contamination of higher priority ground water; facilitate
coordination among the many intrastate programs that protect ground
water; and build a comprehensive approach to protection of ground
water that includes all stakeholders. In addition, CSGWPPs strengthen
state watershed approaches by providing an essential linkage between
the state's ground water and surface water protection programs.
While federal funding is not currently available for ground water
program grants under the SDWA, for the above reasons, EPA still
encourages states to submit and implement CSGWPPs.
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