[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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