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EPA Section 319

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EPA Section 319
NameEPA Section 319
AgencyUnited States Environmental Protection Agency
StatuteClean Water Act
TitleSection 319
PurposeNonpoint source pollution management
Established1987

EPA Section 319 Section 319 authorizes federal support for state, tribal, and local efforts to control nonpoint source pollution from agriculture, forestry, urban runoff, and other diffuse sources. It allocates grants and technical assistance directed by the United States Environmental Protection Agency under the Clean Water Act to implement water quality restoration, best management practices, and watershed plans across the United States, territories, and Indian Country. The program coordinates with federal partners such as the United States Department of Agriculture, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service to reduce pollutants like sediment, nutrients, and pathogens.

Background and Purpose

Section 319 was added to the Clean Water Act by the Water Quality Act of 1987 to address nonpoint source pollution that is not regulated by point-source permits under National Pollutant Discharge Elimination System. The provision responds to findings from the Environmental Protection Agency and scientific assessments by the National Research Council and the United States Geological Survey about diffuse pollution impacts on rivers, lakes, estuaries like the Chesapeake Bay, and coastal zones such as the Gulf of Mexico. Intentions include restoring impaired waters designated under Section 303(d) of the Clean Water Act and implementing best management practices supported by demonstration projects and watershed planning initiatives.

Program Structure and Funding

Funding for the program is administered by the Environmental Protection Agency through annual appropriations from the United States Congress and is distributed via grants to states, territories, and tribes. Each recipient develops an EPA-approved nonpoint source management program to qualify for grants; allocations are influenced by statutes enacted by the United States Congress and guidance from the United States Environmental Protection Agency. The structure leverages partnerships with agencies including the United States Department of Agriculture, the Natural Resources Conservation Service, the National Oceanic and Atmospheric Administration, and entities like the Association of State and Interstate Water Pollution Control Administrators to coordinate technical assistance and cost-share arrangements.

Implementation and State Nonpoint Source Programs

States, territories, and tribes craft comprehensive nonpoint source management plans to meet Clean Water Act objectives, often integrating watershed-based plans modeled on frameworks used in the Chesapeake Bay Program, the Great Lakes Restoration Initiative, and regional collaboratives like the Mississippi River/Gulf of Mexico Hypoxia Task Force. Implementation relies on partnerships with state departments of environmental protection, state departments of agriculture, conservation districts, and universities such as Iowa State University, University of Wisconsin–Madison, and Oregon State University for research and outreach. Programs vary regionally, reflecting priorities identified in Total Maximum Daily Load listings and coordination with interstate bodies like the Susquehanna River Basin Commission and the Gulf of Mexico Alliance.

Eligible Activities and Project Types

Grant funds support a range of activities including watershed planning, demonstration projects, technical assistance, monitoring, and education programs. Common project types funded under the program include agricultural conservation practices promoted by the Natural Resources Conservation Service, stormwater retrofits led by municipal partners like the City of Portland, Oregon or Philadelphia, shoreline stabilization in collaboration with the United States Army Corps of Engineers, and urban green infrastructure initiatives inspired by projects in New York City and Seattle. Funds may also support capacity-building for tribes such as the Navajo Nation and the Yurok Tribe to implement culturally appropriate restoration and protection measures.

Monitoring, Reporting, and Outcomes

Recipients are required to conduct monitoring and reporting to demonstrate progress toward water quality goals, often using protocols developed by the Environmental Protection Agency, the United States Geological Survey, and state laboratories. Outcomes are assessed against Total Maximum Daily Load schedules, 303(d) delistings, and indicators tracked by programs like the National Aquatic Resource Surveys and regional monitoring networks such as the Long Term Resource Monitoring Program. Data sharing and reporting intersect with federal systems administered by the Environmental Protection Agency and cooperative data platforms used by the National Oceanic and Atmospheric Administration and the United States Geological Survey.

Critics argue the program's voluntary, incentive-based approach limits effectiveness compared with regulatory frameworks, a stance echoed in debates involving the Supreme Court of the United States and litigation referencing statutory interpretation of the Clean Water Act. Litigation and policy disputes have arisen over jurisdictional boundaries interpreted in cases influenced by precedents like Rapanos v. United States and regulatory actions by successive United States Environmental Protection Agency administrations. Stakeholders including environmental organizations such as the Natural Resources Defense Council and agricultural groups like the American Farm Bureau Federation have challenged each other on funding priorities, implementation timelines, and the balance between financial assistance and enforceable standards.

Section 319 activities intersect with initiatives including the Conservation Reserve Program administered by the United States Department of Agriculture, the Coastal Zone Management Act programs coordinated by the National Oceanic and Atmospheric Administration, the Clean Water State Revolving Fund run by the Environmental Protection Agency, and regional restoration efforts like the Great Lakes Restoration Initiative and the Chesapeake Bay Program. State-level measures such as programs in California, Florida, and Iowa often align Section 319 funding with state statutes and agencies like the California State Water Resources Control Board and the Florida Department of Environmental Protection to maximize watershed restoration outcomes.

Category:United States environmental law