All About NDEE: Section 319 funds and groundwater projects
Federal nonpoint source pollution funds can be used to support projects that address nonpoint source contamination of groundwater, but it wasn’t always a simple process. The Nebraska Department of Environment and Energy was integral in justifying the use these funds for groundwater projects by proving the connection between surface water and groundwater quality.
The Section 319 amendment (1987) to the Clean Water Act provided funds to the Environmental Protection Agency (EPA) to address nonpoint source pollution. These are diverse pollutants that reach waterbodies through overland flow from rain events as opposed to point sources of pollution such as discharges from wastewater or manufacturing facilities. The EPA distributes Nonpoint Source Pollution Management funds to the states to support projects by eligible partners such as local governments, educational institutions and non-profit organizations for projects that address nonpoint source pollution.
While the primary focus of the Section 319 amendment was to address impairments to surface water, sub-section (I) encouraged states to direct at least 10% of the funds to groundwater projects. The provision of sub-section (I) was seldom used and periodic revisions of the “Nonpoint Source Program and Grants Guidelines for States and Territories” made the use of Section 319 funds for groundwater projects progressively more difficult. Specifically, the guidance required states to develop and direct project funds to implement nine-element watershed management plans designed to address waterbodies on the impaired waters list (Section 303(d)). Because there are no federal standards for groundwater quality, groundwater projects could not meet this eligibility requirement. However, the guidance allowed for states to develop Alternative to a Nine-element Management Plans for special circumstances.
Nebraska developed the Bazile Groundwater Management Area (BGMA) plan as an Alternative Plan to address elevated nitrate levels in groundwater. The BGMA includes parts of Antelope, Knox and Pierce counties, as well as four natural resource districts (NRD): Lewis and Clark, Lower Elkhorn, Lower Niobrara and Upper Elkhorn.
NDEE contended that groundwater pollution was an urgent nonpoint source health risk affecting drinking water safety for a majority of Nebraskans. The 2022 Groundwater Quality Monitoring Report states that 88% of the state’s population uses groundwater as their main source of drinking water. The health risk of high nitrate concentration in the groundwater of the BGMA then represented a special circumstance that could be addressed through an alternative plan.
The Department also contended that using the nonpoint source and wellhead protection programs would help mitigate the input of nitrate to the groundwater, which would protect and improve groundwater quality through voluntary actions.
In addition, Nebraska’s Nonpoint Source Management Plan designates groundwater as a high priority for protection and remediation efforts. These priority areas are designated Groundwater Management Areas by the Natural Resources Districts; are in areas delineated as wellhead protection areas for public water supplies; and are areas deemed highly vulnerable to nonpoint source groundwater pollution based on the density of registered irrigation wells.
The EPA determined the Bazile plan could not be an alternative to a watershed project because it addresses groundwater and because the impact of land-applied practices on groundwater quality could not be demonstrated. NDEE responded by submitting documentation that practices applied in a previous watershed project to reduce nutrient runoff to a stream also resulted in the reduction of nitrate concentration in local wells.
Because of NDEE’s efforts, the EPA reversed its determination and allowed watershed project funds to be used for groundwater projects. The Bazile Groundwater Management Area Plan was the first stand-alone groundwater management plan in the nation to be implemented with the use of 319 grant funds.
To date, NDEE has committed up to $500,000 of CWA Section 319 funds matched with $400,0000 in local and other nonfederal funds to implement the BGMA management plan. Practices implemented in the BGMA include 3,370 acres irrigation management, 4,548 acres cover crops and 10,774 acres nutrient management. It is estimated that the combination of practices implemented through the BGMA project has prevented 170,470 pounds of nitrate from leaching into the groundwater.
Since the 2016, NDEE has allocated a total of $1,280,000 of Section 319 funds matched by $920,000 in local and other nonfederal funds to additional groundwater projects. New proposals requesting $390,00 Section 319 funds match by $260,000 for groundwater projects are currently under review.
NDEE is committed to protecting and improving water quality across the state. Because of the EPA’s decision to allow 319 funds to be used for groundwater, Nebraska and other states have additional tools to protect this vital resource.
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