Texas Commission on Environmental Quality Water Quality Planning Division Planning and Implementatio

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Texas Commission on Environmental QualityWater
Quality Planning DivisionPlanning and
Implementation Section

• Katherine Nelson

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CLEAN WATER ACT Section 319(h) Grants
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Section 319 Grant Funds

• Funds are made available to TCEQ from the EPA
  under Section 319 of the Clean Water Act.
• The Nonpoint Source Program is the administrator
  of the grant funding.

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NPS Management Programs in Texas Funded by CWA
319(h)

• TCEQ (50 of funds)
• Urban
• Work that is not covered in the MS4 management
  plans
• Rural
• Non-silvicultural activities
• Non-agricultural activities
• TSSWCB (50 of funds)
• Silviculture
• Agriculture

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Eligible Project Activities

• 319 funding is used to control nonpoint sources
  of water pollution.
• Applicants apply for the grant funding.
• TCEQ seeks projects that implement measures to
  help restore water quality and achieve
  significant pollutant load reductions.
• TCEQ works with applicants to develop projects
  that address the goals and objectives identified
  in the State of Texas Nonpoint Source Management
  Program.
• 319 funding is also used to implement water
  quality management measures contained in the
  Texas Coastal Nonpoint Source Pollution Control
  Program.

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Funding Process

• Congress annually allocates 319 funding to EPA
• Funding is distributed to each EPA Region for
  grant awards to the states
• State solicits project
• State reviews and selects projects
• State submits application and projects to EPA for
  review
• EPA reviews per guidelines and State Management
  Plan
• EPA concurs, declines or negotiates with State
  prior to approval and award

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Flow of Federal Funds
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319 Projects Types

• Implementation
• Best Management Practices (BMPs)
• Education and Outreach
• Planning
• Develop Watershed Protection Plans/Action Plans
• TMDLs
• TMDL Implementation Plans
• Monitoring Assessment
• Determine pollutant loads
• Identify sources and causes of pollutants
• Verify effectiveness of BMPs
• Funds awarded under the 319 grant may not pay
  for activities which are
• required by a wastewater discharge permit or a
  storm water permit
• (although related activities not specifically
  required by permit may be allowed

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Eligibility

• Eligible applicants include
• city and county governments,
• state agencies,
• public and private colleges and universities,
• councils of governments, and other regional
  authorities, river authorities, and
• other governmental authorities (such as municipal
  utility districts, water districts, etc.).

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Eligible Activities

• BMP Implementation
• Monitoring
• Regulatory Assistance
• Technical Assistance and Training
• Education and Outreach
• Development and Implementation of Regulations,
  Policies and Local Ordinances

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Ineligible Activities

• Any activity required by a
• draft or final TPDES permit
• Research Projects

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Match Requirement

• All 319 projects must include non-federal
  matching funds of 40 of the projects total
  costs.
• Applicants are encouraged to collaborate and
  partner with other state or local agencies.

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Matching Sources

• Cash
• In-kind (third party donations)
• State Revolving Fund (SRF) Loans

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Anticipated Funding

• This Fiscal Year the TCEQ will award
  approximately 5.5 million in 319 contracts
  (includes 40 match).
• Future funding is dependent on the allocation
  from Congress.

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Base and Incremental Funds

• Distinction Eligible Uses
• Base
• Can go to any purpose identified in the
• NPS Assessment Report and Management Program

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Base and Incremental Funds

• Incremental
• Must address restoration of
• a water body not meeting the standards set for
  supporting its designated use(s)
• (water bodies on the 303(d) List)
• Must involve a watershed plan
• Watershed Protection Plan
• TMDL
• TMDL Implementation Plan

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Grant Cycle

• 319 Program Request for Grant Application
• Typically in July
• Approximately 18 months from project proposal to
  funding

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Responsibilities of Subrecipients

• Implement award objectives
• Adhere to contract terms, conditions and
  regulations
• Exercise fiduciary responsibility
• Manage project and funds effectively and
  efficiently
• Maintain good relations with all parties
• Report and Communicate

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Reporting Requirements

• Programmatic
• -adequacy of progress
• -consistency with objectives
• -addressing problems,delays

• Financial
• -staying within approved budget
• -appropriate rate of expenditure
• -conformance with cost principles

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More Information

• Contact the TCEQ Nonpoint Source Team

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CLEAN WATER ACT Section 106 Grant Funds
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Section 106 Grant Funds

• Awards are made to the TCEQ from the USEPA under
  authorizations in Section 106 of the federal
  Clean Water Act.
• TCEQ receives about 8.5 million in funds
  annually to carry out a variety of Clean Water
  Act-required activities.
• About 5 million is used by TCEQ for base
  funding.
• About 3.5 million is used to fund a wide variety
  of water-related projects and programs.

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Eligible Applicants

• TCEQ uses the 3.5 million to fund water-related
  projects.
• TCEQ may contract with outside entities (e.g., to
  develop a TMDL).
• No RFP is planned at this time.

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Eligible Project Activities

• TCEQ allocates most of these funds for three
  program areas
• Total Maximum Daily Load program,
• Water quality standards development, and
• Surface water quality monitoring

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Eligible Project Activities

• However, a wide variety of projects are eligible.
  Past projects have included
• laboratory accreditation,
• research on environmental flows, and
• control of invasive species.
• Non-point source implementation projects.
• these projects need to be directly linked to a
  303-d listed impairment

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More Information

• Contact the TCEQ TMDL Team

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CLEAN WATER ACT Section 320 Grants
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Section 320 Grant Funds

• Awards made to the TCEQ from the USEPA under
  authorizations in Section 320 of the federal
  Clean Water Act.
• Galveston Bay Estuary Program (GBEP) is the lead
  administrator of the grant funding.

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Eligible Applicants

• Projects are limited to locations in the Lower
  Galveston Bay watershed which includes portions
  of the following counties
• Harris,
• Galveston,
• Chambers,
• Brazoria,
• Liberty,
• Fort Bend,
• Waller,
• Polk and
• San Jacinto

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Eligible Applicants

• Eligible entities include
• city and county governments,
• state agencies,
• colleges and universities,
• councils of governments and other regional
  authorities,
• other municipalities (such as municipal utility
  districts, water districts, etc.), and
• nonprofit 501(c)3 organizations.

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Eligible Project Activities

• Implementation of on-the-ground water quality
  improvement projects.
• These projects should
• demonstrate a quantifiable benefit to the
  impaired water quality condition, or
• serve to protect current and future conditions.
  
• Public outreach activities that explain to the
  public the nature and benefits of the
  on-the-ground water quality improvement
  projects are also allowable.

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Examples of 320 Projects

• Installation of polishing wetlands at discharge
  points for wastewater treatment facilities and
  storm water outfalls
• The rehabilitation or replacement of failing
  on-site sewage facilities (OSSFs)
• The installation of storm water control measures,
  including wet bottom detention
• The acquisition and/or modification of property
  to protect, restore or enhance wetland
  functionality and/or storm water retention and
  filtration capacity and
• The acquisition and/or restoration of riparian
  zones and
• aquatic habitats.

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Anticipated Funding

• Annual budget for Water Quality Improvement
  Projects is 350,000.
• Funding will be from awards made to the TCEQ from
  the USEPA under authorizations in Sections 320 of
  the federal Clean Water Act.
• Due to uncertainty associated with future state
  and federal grant funding, TCEQ cannot guarantee
  a specific amount of funds.
• Matching by local entities is not required but is
  encouraged.

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More Information

• Clean Water Act Section 320 Grants -
  http//www.gbep.state.tx.us/
• Project Manager - Steven Johnston, Water and
  Sediment Quality Coordinator 281.486.1244,
  sjohnsto_at_tceq.state.tx.us