Mr. President, today I come to the floor to discuss the introduction of my latest legislative proposal to better control the harmful and volumes of polluted stormwater that is generated from our…
Mr. President, today I come to the floor to discuss the introduction of my latest legislative proposal to better control the harmful and volumes of polluted stormwater that is generated from our Nation's Federal aid highways. Highway stormwater is a growing threat to water quality, aquatic ecosystems and the fish and wildlife that depend on the health of these ecosystems. Moreover, the high volumes and rapid flow of stormwater runoff from highways and roads poses a very serious threat to the condition of our Nation's water and transportation infrastructure as well as personal property particularly in urban and suburban communities.
The Environmental Protection Agency has recognized that pollution from point-sources have been steadily declining since the enactment of the Clean Water Act. Likewise, we have seen reductions in pollution from certain non-point sources like agriculture which are attributable in part to the success of a wide variety of USDA Natural Resource Conservation Service Programs and farming innovations in soil conservation and nutrient pollution management.
One non-point source sector where we are unfortunately seeing an increasing impact on water quality is from impervious surface that create rapidly moving high volumes of untreated polluted stormwater that rush off of road surfaces, erode unnatural channels next to and ultimately underneath roadways comprising the integrity of roadway infrastructure, and increases the stress on storm sewer systems shortening the useful life of this infrastructure and ultimately lead to the discharge of untreated pollution that is carried off roadways and into our lakes, rivers, streams, and coastal waters.
Impervious surfaces include most buildings and structures, parking lots and of course the nearly 9 million lane miles of roads across our country. The total coverage of impervious surfaces in an area is usually expressed as a percentage of the total land area.
The coverage increases with rising urbanization. In rural areas, impervious cover may only be 1 percent or 2 percent, however road surfaces comprise 80 percent to 90 percent of a rural area's total impervious surfaces. In residential areas, impervious surface coverage ranges between 10 percent in low-density subdivisions to over 50 percent in more densely developed communities, where the composition of the impervious surface area coverage works out to be 50 percent roads. In dense urban areas, the impervious surface area is often over 90 percent of the total land area, with roads comprising 60 percent to 70 percent of that coverage.
According to EPA, urban impervious cover, not just roads, in the lower 48 adds up to 43,000 square miles--an area roughly the size of Ohio. Continuing development adds another quarter of a million acres each year. Typically two-thirds of the cover is pavement, roads and parking lots, and 1/3 is buildings.
According to the Chesapeake Bay Program, impervious surfaces compose roughly 17 percent of all urban and suburban lands in the Chesapeake Bay watershed. The greatest concentration of impervious surfaces in the Bay watershed is in the Baltimore-Washington Metropolitan Areas of DC, Maryland and Virginia. The Virginia Tidewater area, Philadelphia's western suburbs, and Lancaster, PA, are also regions in the watershed where impervious surfaces are greater than 10 percent of the total land area.
Rainfall on hard surfaces like roads and highways has a very destructive and turbulent affect on nearby waterways and infrastructure. For example, the rain events that occur over a week long period at the end of April brought nearly 8 eight inches of rain to the Baltimore-Washington region. The urban runoff from roads in Baltimore caused an embankment above the CSX railroad track along East 26th Street, between St. Paul and Charles Street, to collapse. Fortunately no one was injured though homes had to be evacuated for more than a month, nearly a dozen parked cars were destroyed and moreover movement of freight along CSX railroad was disrupted for more than a week. This event shows just how destructive and disruptive poorly managed stormwater from transportation infrastructure can be.
Some may chalk this up to a freak storm of unusually large proportion. It's true this storm was unusual, but so were the polar vortexes and all of the snow we had in the mid-Atlantic and Southeast, and last year's 3-mile wide tornado in Alabama, and the California drought and wildfires, and baseball sized hail in Nebraska just last week. ``Unusual'' weather seems to becoming a lot more usual. As extreme weather events triggered by our changing climate become more frequent it is imperative that we incorporate better designs into our infrastructure to be better handle these types of events.
Under the Clean Water Act, stormwater is considered a non-point source and there are no requirements that stormwater be collected or treated. The exception being for localities where in order to meet the standards
set in an MS4, Municipal Separate Storm Sewer System, permit a region may include its transportation infrastructure in its MS4 permit.
However, in most cases stormwater that falls on roadways washes oil, grease, asbestos brake-dust, nitrogen deposits from tailpipe emissions, trash, road salt and de-icing agents, and sediment into nearby waterways. Highway stormwater runoff is most often not treated or adequately managed.
While these organic and inorganic contaminants are legitimate threats to water quality, the greater concern with roadway runoff is the sheer volume and rapid flow rate in which stormwater leaves these hard surfaces and enters our waterways. Flows and volumes that cause roads to collapse in Baltimore.
Roads are designed for stormwater to flow off of the driving surface quickly, for safety reasons. When stormwater rushes off of road surfaces into storm drains it is usually piped straight into the nearest river or stream without removing contaminants, detaining any of the volume, or slowing down the flow. This creates an enormously destructive set of circumstances for our waterways.
Another example of the destructive force that persistent unmitigated and poorly managed highway runoff can have on the condition and safety of highway infrastructure is in Mobile Alabama along Highway 131 in the Joe's Branch Watershed. The Mobile Bay Estuary Program, part of the National Estuaries Program, in coordination with Alabama Department of Transportation is having to spent millions of dollars to reinforce a highway embankment to keep the highway from slipping down a hill and into the Joe's Branch Creek, restore the hydrology of the river, and help protect private property from the dangerous erosion that's been caused by poorly managed stormwater from Highway 131.
The Mobile Bay Estuary Program described the problem this way: ``In the Joe's Branch watershed, on the property of Westminster Village adjacent and parallel to Highway 131, a head cut stream is eroding at an accelerating rate, an ominous condition as ALDOT prepares to undertake improvements to the highway. Identified as a high priority stabilization area in the D'Olive Creek, Tiawasee Creek and Joe's Branch Watershed Management Plan, MBNEP has submitted a funding request to the Alabama Department of Environmental Management on behalf of its partners in Spanish Fort, Daphne, ALDOT and Westminster Village to undertake restoration of the stream using a cutting-edge technology called Regenerative Step Pool Storm Conveyance.''
The four entities involved are spending large amount money to repair a problem caused by stormwater damage that could have been prevented at a lower cost by incorporating better stormwater mitigation facilities into the design of the highway.
These high-volume/high-speed flows also hasten the deterioration of water infrastructure. A 2001 study on the erosive power of urban stormwater flows examined how excessive stormwater volumes and flow rates off of urban surface infrastructure caused more than $1 million in roadway and water infrastructure damage in the Cincinnati metropolitan areas in Ohio and Kentucky in a single year.
While there are serious water quality concerns with not adequately controlling roadway infrastructure runoff, there are serious infrastructure costs, that are ultimately passed on to taxpayers and ratepayers, that can be avoided if transportation authorities do more to control and manage stormwater runoff with the infrastructure assets they manage and build.
The increased incidence of flash flooding events that occur even during seemingly mild and routine storm events is a direct result of the growing percentage of impervious land cover in urban and suburban communities. Replacement of the ``greenscapes'' that are lost to pavement is essential to restoring hydrological balance to our urban and suburban communities and impaired watersheds.
According to USGS: an inch of rain on one square foot of pavement produces 1.87 gallons of stormwater, Scaled up, 1 inch of rain on one acre would produce 27,150 gallons of stormwater. Using FHWA design standards for interstate highway lane and shoulder widths, 12 feet per lane, 10 foot right shoulder, 4 foot left shoulder, 10 miles of a four lane interstate highway generates nearly 2.5 million gallons of polluted stormwater for every inch of rain. To put that into perspective for the Potomac and Anacostia River Watersheds: The Capital Beltway, not including its 48 interchanges, generates nearly 30 million gallons of polluted stormwater for every inch of rain that falls on the 64 mile 8 to 12 lane interstate highway loop. It is volumes of stormwater like that which cause dangerous streambank erosion.
Gillies Creek is an urban waterway located East of Downtown Richmond. It is a tributary of the James River which flows into the Chesapeake Bay. Gillies Creek is surrounded by industrial and residential development and also receives stormwater from State highway 33, Interstate 64, US 60, and hundreds of city streets including Stony Run Parkway which directly adjacent to the creek for several miles. The banks and bed of this creek have eroded so badly as urban development around the creek has added more impervious surfaces to the watershed that streambed sheering has created cliffs more than ten feet tall at spots along the creek. Trees supporting the bank continually fall into the creek and nearby roadways and other infrastructure as well as homes and business are at risk. Reducing the impacts of the storms by mitigating the flow and volume of stormwater in this watershed will protect against further erosion and save the cost of repair and eventual replacement of the assets located along this endangered creek.
The aim of this legislation is to improve highway designs to better manage stormwater to avoid the costly damage that poorly managed stormwater causes to infrastructure and nearby streams, rivers and coastal waters.
I held a hearing on this issue in the Water and Wildlife Subcommittee on May 13. I heard many ideas from both the minority and majority witnesses that were invited to present testimony at this hearing. I listened to the concerns of my colleagues on the other side of the aisle and I have incorporated provisions into this bill that should alleviate concerns they may have had with previous attempts to better control highway stormwater.
My bill's approach to highway runoff management is one that I hope my colleagues of both parties can support. First of all it puts states in the driver's seat for developing hydrological analysis and implementation of best management practices to control highway runoff. The objective of the legislation is to control and manage flow and volume of stormwater from highways not to treat runoff in order to meet water quality standards. By taking this sort of approach we avoid EPA's involvement in the process. Lastly, States would only need to apply these procedures to new construction on major reconfiguration projects that significantly increases the amount of impervious surface in the project area.
Title 23 of the U.S. Code states: ``transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life'' through the use of ``context sensitive solutions.'' In 2008, the Government Accountability Office issued a report examining key issues and challenges that needed to be addressed in the next reauthorization of the transportation bill. That report highlighted the clear link between transportation policy and the environment. With 985,139 miles of Federal aid highways stretching from every corner of the US, polluted highway runoff is no small problem facing our Nation's waters. I would urge my colleagues to join me trying to address this problem facing America's waterways and infrastructure.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.