Using the Clean Water Act to Promote Water Quality

New Mexico’s Nonpoint
Source Management
Program and Plan Revision
From Sec. 319 of the Clean Water
Act (Management Programs):
“The Governor of each State, for that State or in
combination with adjacent States, shall, after notice and
opportunity for public comment, prepare and submit to the
Administrator for approval a management program which
such State proposes to implement in the first four fiscal
years beginning after the date of submission of such
management program for controlling pollution added from
nonpoint sources to the navigable waters within the State
and improving the quality of such waters.”
From Sec. 319 of the Clean Water
Act (Grants):
“Upon application of a State for which a report submitted
under subsection (a) of this section and a management
program submitted under subsection (b) of this section is
approved under this section, the Administrator shall make
grants, subject to such terms and conditions as the
Administrator considers appropriate, under this subsection
to such State for the purpose of assisting the State in
implementing such management program. Funds reserved
pursuant to section 1285(j)(5) of this title may be used to
develop and implement such management program.”
Sideboards:
• Key Components of an Effective State Nonpoint
Source Management Program (November, 2012)
• Nonpoint Source Program and Grants Guidelines for
States and Territories (April, 2013)
• Find these at:
http://water.epa.gov/polwaste/nps/cwact.cfm
Current NPS Plan:
Six objectives:
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Watershed-based planning
Water quality improvement
Water quality protection
Outreach and education
Protection of groundwater quality
Interagency cooperation
Objective 1: Watershed-based
planning
Watershed-based plans that meet all nine elements
identified in the Nonpoint Source Program and
Grants Guidelines for States and Territories (Federal
Register, October 23, 2003) are completed using
stakeholder-driven processes for all priority
watersheds at an average of ten new watersheds per
year until all priority watersheds have plans in place
by the year 2045.
Objective 2: Address water
quality problems
Effective watershed-based NPS restoration programs
are implemented, using multiple funding sources, in
identified priority watersheds at an average of ten
new watersheds per year until all priority watersheds
are included by the year 2045, and the waters of
each watershed are restored to designated uses
within twenty years from the initial target year.
Objective 3: Water Quality
Protection
The quality of surface water resources is maintained
through coordinated activities, permitting programs,
and technical assistance provided to assist
cooperating agencies and landowners with efforts to
understand water quality and protect surface waters
from nonpoint source pollution.
Objective 4: Education and
Outreach
General public awareness of nonpoint source
pollution and water quality is increased and
maintained through an effective education and
outreach program using strategically selected
educational resources available throughout
the State by 2014.
Objective 5: Protect
Groundwater Resources
The quality of groundwater resources is maintained
through the water fair and water quality outreach
program along with permitting and compliance
assistance for large capacity septic tank leach fields
with efforts to understand water quality and protect
groundwater from nonpoint source pollution.
Objective 6: Interagency
Cooperation
With assistance provided by the Watershed
Protection Section and other Surface Water Quality
Bureau programs, federal and State agencies in New
Mexico actively manage a variety of natural
resources to protect and restore water quality.
A little more context:
• 12 staff in NMED Watershed Protection Section.
• 9 WPS staff are primarily funded under Sec. 319.
• 13.8 FTEs (all in NMED) are authorized under the
current 319 grant.
• 2014 319 Budget (requested): $2.3M
• 2014 319 Budget (expected): $1.8M
Very Preliminary Goals of Revision:
• Specify which non-federally funded NPS management activities will
be considered non-federal NPS Management Program costs.
• Continue to support watershed based planning within a more
restricted program budget.
• Consider more closely integrating watershed-based planning and
implementation.
• Consider use of Recovery Potential Screening for prioritizing
watersheds for restoration or protection.
• Edit for clarity, update summaries of related programs (maintenance
revision).
Revision timeline:
• Two-month scoping period begins 9/1/13 (look for the
press release and email – add yourself to the NPS
Planning List – request a meeting)
• 12/2/13 – 90 day public comment period begins
• Early January – minimum of two public meetings
• 4/8/14 - Consideration of approval by NM WQCC
• 6/30/14 – deadline for submittal by Governor to
Regional Administrator
Abe Franklin
Manager, Watershed Protection Section
505-827-2793
[email protected]
NMED/SWQB
P.O. Box 5469
Santa Fe, NM 87502