[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 898 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 898
To amend title 23, United States Code, to direct the Secretary to
establish a comprehensive design standard program to prevent, control,
and treat polluted stormwater runoff from federally funded highways and
roads, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2011
Mr. Cardin introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to direct the Secretary to
establish a comprehensive design standard program to prevent, control,
and treat polluted stormwater runoff from federally funded highways and
roads, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Treatment of Polluted
Stormwater Runoff Act'' or the ``STOPS Runoff Act''.
SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``SEC. 330. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Control measure.--The term `control measure' means a
program, structural or nonstructural management practice,
operational procedure, or policy on or off the project site
that is intended to prevent, reduce, or control highway runoff
pollution.
``(2) Covered project.--The term `covered project' means a
rehabilitation, reconfiguration, renovation, major resurfacing,
or construction project carried out under this title that--
``(A) results in a 10-percent or greater increase
in impervious surface of the aerial extent within the
right-of-way of the project limit on a Federal-aid
highway or associated facility; or
``(B) results in an increase of 1 acre or more in
impervious surface coverage.
``(3) Highway runoff pollution.--The term `highway runoff
pollution' means, in relation to a Federal-aid highway,
associated facility, or control measure retrofit project, one
or more of the following:
``(A) A discharge of sediment, metals, chemicals,
nitrogen and phosphorous, or oil and grease in runoff.
``(B) A discharge of peak flow rate, water
temperature, or volume of runoff that exceeds
predevelopment amounts.
``(4) Predevelopment hydrology.--The term `predevelopment
hydrology' means, for project sites covered by this section,
that--
``(A) the precipitation from all rainfall events
less than or equal to the 95th percentile rain event
shall be managed on-site through stormwater management
practices designed, constructed, and maintained to
prevent off-site discharge, to the maximum extent
technically feasible; or
``(B) runoff typical of natural conditions prior to
anthropogenic disturbance, as determined by site-
specific conditions, local meteorology, and continuous
simulation modeling techniques, are preserved through
stormwater management practices that are designed,
constructed, and maintained to manage the volume, rate,
and temperature of stormwater runoff following
construction.
``(5) Watershed-based environmental management approach.--
The term `watershed-based environmental management approach'
means an approach under which--
``(A) the selection of solutions that prevent or
minimize the environmental impact of an individual
project is made within the broader context of the
environmental protection and restoration goals of any
watershed that drains the project site, rather than
selecting solutions solely based on site level
considerations; and
``(B) priority consideration is given to--
``(i) protection of drinking water
supplies;
``(ii) protection and restoration of
waterways listed by a State as impaired in
accordance with section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C.
1313(d));
``(iii) preservation of aquatic ecosystems
and fisheries; and
``(iv) cost-effective expenditure of
Federal funds.
``(b) Establishment.--The Secretary, with the concurrence of the
Administrator of the Environmental Protection Agency, shall establish a
Federal-aid highway runoff pollution avoidance and management program
to ensure that covered projects are sited, constructed, and maintained
in accordance with design standards intended to protect surface and
ground water quality and ensure the long-term management of stormwater
originating from Federal-aid highways.
``(c) Project Approval.--The Secretary may approve a covered
project of a State under section 106 only if the State provides
assurances satisfactory to the Secretary that the State will site,
design, and construct the covered project in accordance with the design
standards described in subsection (d).
``(d) Design Standards.--
``(1) In general.--The post-construction condition of a
covered project shall maintain or restore, to the maximum
extent technically feasible, the predevelopment hydrology of
the project site with regard to the temperature, rate, chemical
composition, volume, and duration of flow.
``(2) Covered projects in impaired watersheds.--Any covered
project carried out within a watershed that contains an
impaired water listed under section 303(d) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(d)) shall be in
accordance with--
``(A) the load or wasteload allocation requirements
established by the Administrator of the Environmental
Protection Agency or the State; and
``(B) the requirements relating to predevelopment
hydrology under paragraph (1).
``(3) Additional prioritized requirements.--In addition to
the requirements described in paragraphs (1) and (2), a covered
project shall, in the following order of priority--
``(A) reduce the creation of highway runoff
pollution from the covered project by--
``(i) avoiding or minimizing the alteration
of natural features and hydrology; and
``(ii) maximizing the use of pollution
source control measures that use existing
terrain and natural features, including natural
drainage ways, soils, and vegetation, to reduce
creation of pollution from the covered project;
``(B) maximize the capture of highway runoff
pollution created by the covered project through
control measures, including environmental site design
techniques and other control measures that promote
evapotranspiration, infiltration, reuse, and retention;
and
``(C) for highway runoff pollution remaining after
the application of the onsite measures in subparagraphs
(A) and (B), use a watershed-based environmental
management or equivalent approach to avoid adverse
water quality effects from the covered project
through--
``(i) capture and treatment of highway
runoff pollution with appropriate control
measures on the site;
``(ii) discharge of highway runoff
pollution directly to an off-site control
measure under the control of the State with
documented capacity to provide functionally and
quantitatively equivalent management of runoff
pollution to that required to achieve the
minimum standards of this subsection for the
design life of the project; and
``(iii) if the control measures described
in clauses (i) and (ii) are found to be
technically infeasible based on site conditions
or other appropriate factors, and an
appropriate off-site runoff pollution
mitigation program exists, contribution to a
mitigation program that would produce
functionally and quantitatively equivalent or
greater control and management of runoff
pollution to that required by this subsection.
``(4) Off-site control measures.--Of the control measures
described in paragraph (3)(C)(iii), the Secretary shall give
priority to off-site control measures that address the impacts
of runoff pollution to waterways that are--
``(A) listed as impaired in accordance with section
303(d) of the Federal Water Pollution Control Act (33
U.S.C. 1313(d)); and
``(B) located in--
``(i) the same 8-digit Hydrologic Unit Code
as the covered project; or
``(ii) the lowest Hydrologic Unit Code that
is the most protective of the waters receiving
the discharge.
``(e) Guidance.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, with the
concurrence of the Administrator of the Environmental
Protection Agency, shall publish guidance to assist States in
complying with this section.
``(2) Contents of guidance.--The guidance shall include
guidelines for the establishment of State processes and
programs that will be used to assist in avoiding, minimizing,
and managing highway runoff pollution from covered projects in
accordance with the design standards described in subsection
(d), including guidelines--
``(A) to help States integrate the planning,
selection, design, and long-term operation and
maintenance of control measures consistent with the
design standards in the overall project planning
process;
``(B) for a watershed-based environmental
management approach to assist projects in achieving
consistency with the design standards;
``(C) for the development and use of off-site
runoff pollution mitigation programs to achieve
compliance with the design standards; and
``(D) for State inspection and reporting to
document State compliance and project consistency with
this section.
``(3) Updating standards.--Not later than 5 years after the
date of publication of the guidance, and every 5 years
thereafter, the Secretary, with concurrence of the
Administrator of the Environmental Protection Agency, shall
update, as applicable, the guidance described in this
subsection.
``(f) Limitation on Statutory Construction.--Nothing in this
section affects the applicability of any provision of Federal, State,
or local law that is more stringent than the requirements of this
section.
``(g) Reporting.--
``(1) In general.--Except as provided in paragraph (2)(A),
the Secretary shall require each State to submit to the
Secretary an annual report that describes the highway runoff
pollution reductions achieved for covered projects carried out
by the State after the date of enactment of this section.
``(2) Reporting requirements under permit.--
``(A) In general.--A State shall not be required to
submit an annual report described in paragraph (1) if
the State--
``(i) is operating Federal-aid highways in
the State in a post-construction condition in
accordance with a permit issued under the
Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
``(ii) is subject to an annual reporting
requirement under such a permit (regardless of
whether the permitting authority is a Federal
or State agency); and
``(iii) carries out a covered project with
respect to a Federal-aid highway in the State
described in clause (i).
``(B) Transmission of report.--A Federal or State
permitting authority that receives an annual report
described in subparagraph (A)(ii) shall, upon receipt
of such a report, transmit a copy of the report to the
Secretary.''.
(b) Effective Date.--This Act and the amendments made by this Act
apply to covered projects (as defined in section 330(a)(2) of title 23,
United States Code) (as added by subsection (a)), the construction of
which commences on or after the date that is 1 year after the date of
enactment of this Act.
(c) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``330. Federal-aid highway runoff pollution management program.''.
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