II 111th CONGRESS 2d Session S. 3602 IN THE SENATE OF THE UNITED STATES July 15, 2010 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 program to control and treat polluted stormwater runoff from federally funded highways and roads, and for other purposes.

1.

Short title

This Act may be cited as the Safe Treatment of Polluted Stormwater Runoff Act or the STOPS Runoff Act.

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:

330.

Federal-aid highway runoff pollution management program

(a)

Establishment

The Secretary shall establish a Federal-aid highway runoff pollution management program to ensure that covered projects are constructed in accordance with minimum standards designed to protect surface and ground water quality. (b)

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 construct the project in accordance with the minimum standards described in subsection (c). (c)

Minimum standards

The following minimum standards shall apply to the construction of covered projects to 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: (1)Avoid and minimize alteration of natural features and hydrology and maximize use of pollution source control measures that utilize existing terrain and natural features and reduce chemical introduction to reduce creation of pollution on the project site. (2)Maximize capture of highway runoff pollution on the project site through pretreatment and treatment, including environmental site design techniques and other control measures that promote evapotransporation and infiltration. (3)Prevent any remaining highway runoff pollution not addressed under paragraphs (1) and (2) to the maximum extent practicable by implementing one or more of the following control measures selected through a watershed-based environmental management or equivalent approach: (A)Pretreatment and treatment of runoff with appropriate control measures on the project site. (B)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. (C)If the control measures in subparagraphs (A) and (B) are found impracticable based on site conditions or other appropriate factors, and an appropriate off-site runoff pollution mitigation program is in place, contribution to a mitigation program that will produce functionally and quantitatively equivalent management of runoff pollution to that required to achieve the minimum standards. Under this subparagraph, priority shall be given to off-site control measures that address the impacts of runoff pollution to waterways that are listed as impaired in the same or adjacent 8-digit Hydrologic Unit Code as the project site. (d)

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 the requirements of 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 managing highway runoff pollution from covered projects in accordance with the minimum standards described in subsection (c), including— (A)guidance to help States integrate the planning, selection, design, and long-term operation and maintenance of control measures consistent with the minimum standards in the overall project planning process; (B)creation of a watershed-based environmental management approach to assist projects in achieving consistency with the minimum standards; (C)guidelines for the development and utilization of off-site runoff pollution mitigation programs to achieve compliance with the minimum standards; and (D)provisions for State inspection, monitoring, and reporting to document State compliance and project consistency with this section. (e)

Limitation on statutory construction

Nothing in this section shall be construed to affect the applicability of any provision of Federal, State, or local law that is more stringent than the requirements of this section. (f)

Reporting

The Secretary shall require each State to report annually to the Secretary on the highway runoff pollution reductions achieved for covered projects carried out by the State after the date of enactment of this section. (g)

Definitions

In this section, the following definitions apply: (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 control, reduce, or prevent highway runoff pollution. (2)

Covered project

The term covered project means a project carried out under this title for— (A)construction of a new highway or associated facility; (B)construction of a Federal-aid highway runoff control measure retrofit; or (C)construction of a significant Federal-aid highway improvement. (3)

Federal-aid highway runoff control measure retrofit

The term Federal-aid highway runoff control measure retrofit means the installation or modification of a control measure for highway runoff pollution serving a Federal-aid highway or associated facility originally constructed before the date of enactment of this section. (4)

Highway runoff pollution

The term highway runoff pollution means in relation to a Federal-aid highway, associated facility, or control measure retrofit projects one or more of the following— (A)a discharge of sediment, metals, bacteria, chemicals, nutrients, or oil and grease in runoff; or (B)a discharge of peak flow rate, water temperature, and volume of runoff that exceeds predevelopment amounts generated from a Federal-aid highway, associated facility, or control measure retrofit project that violates the water quality standards of the receiving water set by the Federal Water Pollution Control Act (33 U.S.C. 125 et seq.) and related State programs. (5)

Significant Federal-aid highway improvement

The term significant Federal-aid highway improvement means the rehabilitation, reconstruction, reconfiguration, renovation, or major resurfacing of an existing Federal-aid highway or associated facility that disturbs 5 or more acres of land. (6)

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)

Effective date

The provisions of this legislation will be effective and applicable to construction of Federal-Aid Highway projects as defined in subsection (g)(2) 1 year after enactment. (c)

Clerical amendment

The analysis for chapter 3 is amended by adding at the end the following: 330. Federal-aid highway runoff pollution management program. .