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Listed below are recent developments pertinent to water quality/wetlands from the past six months. If you would like to suggest a recent development on this topic, please submit a short description to AASHTO (including any pertinent links) on the Share Info with AASHTO form.
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«View Recent Developments Archive
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| EPA to Issue Surveys for Upcoming Stormwater Rulemaking |
| The Environmental Protection Agency intends to survey several groups of stakeholders in support of a planned rulemaking to control stormwater runoff from newly developed and redeveloped sites the agency intends to finalize by November 2012. In a proposed information collection request, EPA said it intends to distribute questionnaires about current stormwater practices to three groups: owners, operators, developers, and contractors of newly and redeveloped sites; owners and operators of municipal separate storm sewer systems; and states and territories. The surveys would require detailed information about stormwater management and control practices, local regulations, and baseline financial information. Comments on the information collection request are due Dec. 29, 2009. For more information, link to the Federal Register notice and EPA’s Stormwater Rulemaking website. (10-29-09)
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| EPA to Evaluate Permeable Pavement, Rain Gardens to Control Stormwater Runoff |
| The Environmental Protection Agency is conducting a study on the use of permeable pavement materials and rain gardens to reduce pollution from stormwater runoff. The agency has installed three types of permeable pavement in a 43,000 square foot section of the parking lot at its Edison, N.J., Urban Watershed Research Facility and planted several rain gardens with different vegetation. The research will evaluate the effectiveness of each pavement type and rain garden in removing pollutants and filtering water back into the ground over a 10-year period. For more information, link to the news release and EPA’s Stormwater Program website. (10-28-09)
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| EPA Proposes to Extend Stormwater Construction General Permit |
| The Environmental Protection Agency has issued a proposal to extend the expiration date of the 2008 National Pollutant Discharge Elimination System (NPDES) general permit for discharges from construction activity, also known as the “2008 construction general permit.” The general permit, issued on July 14, 2008, is applicable only where EPA is the permitting authority: Massachusetts, New Hampshire, New Mexico, Idaho and Alaska; Washington, D.C.; most territories; and most Indian country lands. The general permit regulates the discharge of stormwater from construction sites that disturb one acre or more of land, and from smaller sites that are part of a larger, common plan of development. The permit requires operators of the construction sites to use stormwater controls and develop stormwater pollution prevention plans to minimize the discharge of sediment and other pollutants associated with construction sites in stormwater runoff. The proposal would extend the current two-year term of the permit by an additional year, so that it expires on June 30, 2011. Comments are due Nov. 18, 2009. For more information, link to the Federal Register notice and the Construction General Permit on the EPA website. (10-19-09)
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| Report Compiles Environmental Fieldwork Technologies Employed by State DOTs |
| A compilation of new technologies, practices, and other tools for environmental field data collection during the analysis of existing conditions, impacts, and potential mitigation required under the National Environmental Policy Act are provided in a new report produced under the National Cooperative Highway Research Program (NCHRP Project 25-25, Task 48). The research sought to develop and maintain an ongoing compendium of environmental fieldwork technologies through an online survey of all state departments of transportation. Detailed follow-up interviews also were conducted with state DOTs that identified themselves as leaders in environmental fieldwork technologies and practices in four disciplines: cultural resources, ecology, water permitting, and noise analysis. Additional surveys of selected consultants of some of the state DOTs were also performed. The report documents results of the surveys for each of the discipline areas and presents conclusions. For more information, link to the Compendium of Environmental Fieldwork Technologies (NCHRP 25-25, Task 48). (10-16-09)
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| EPA Releases Plan to Improve Clean Water Act Enforcement Program |
| The Environmental Protection Agency has released a Clean Water Act Enforcement Action Plan describing steps the agency will take to improve the agency’s national water quality compliance and enforcement program. EPA Administrator Lisa Jackson told a Congressional committee on October 15 that the agency’s new Clean Water Act enforcement strategy will focus resources on major sources of pollution such as contaminated runoff from urban streets, construction sites, sewer overflows, and concentrated animal feeding operations. The strategy also will seek to strengthen oversight of state permitting and enforcement programs and take steps to improve transparency and invest in 21st century information technology to provide more accurate and useful information to the public. For more information, link to the news release and the Clean Water Act Enforcement Action Plan website. (10-15-09)
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| Conference to Address Water and Land Use Planning in the Pacific Northwest |
| Integration of water and land use planning in the Pacific Northwest will be the theme of a regional conference scheduled for Nov. 4-6, 2009, in Stevenson, Wash. The conference, titled “Water and Land Use in the Pacific Northwest: Integrating Communities and Watersheds,” will seek to improve collaboration between scientists, engineers, and planners on sustainable development. The conference agenda includes keynote speakers, panel discussions, presentations, and a poster session. For more information, link to the conference website. (10-14-09)
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| Webcast to Feature EPA Efforts to Address Climate Change Impacts on Water Resources |
| The Environmental Protection Agency’s Watershed Academy will conduct a free webcast seminar on Oct. 27, 2009, titled “Working Together to Address the Effects of Climate Change on Water Resources." EPA's National Water Program Strategy: Response to Climate Change, published in 2008, offers basic information on climate change, the effects of climate change on water resources, and implications for the agency’s National Water Program. The webcast will feature the latest on what EPA is doing to address climate change and how Charlotte Harbor National Estuary Program is developing climate change vulnerability assessments, adaptation plans, and indicators under EPA’s Climate Ready Estuary (CRE) program. For more information, including archives of past webcasts, link to the EPA Watershed Academy website. (10-13-09)
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| NCHRP Study Looks At Use of Vegetated Stormwater Treatments in Rural Areas |
| An analysis of the use of vegetated buffers, filter strips, and grass swales as primary stormwater treatments for rural roadsides has been completed under the National Cooperative Highway Research Program, Project 25-25 (53). The study looked at recent research and surveyed state transportation, environmental, and regulatory agencies regarding the use of vegetated stormwater treatments. It found that vegetated stormwater treatments have sufficient, reliable pollutant removal capabilities for use as primary stormwater treatment for rural roadside applications, although some state agency documents may need updating to reflect recent research. The study pointed to the need for uniform terminology, and definitions, and it provided suggested design criteria for vegetated buffers, filter strips, and grass swales. For more information, link to Stormwater Treatment with Vegetated Buffers and the related PowerPoint presentation. (10-6-09)
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| Interior Secretary Signs Climate Change Response Strategy |
| U.S. Secretary of the Interior Ken Salazar has signed an order establishing a framework for coordinating the department’s climate change science and resource management strategies. The framework includes the establishment of a Climate Change Response Council to coordinate the department’s response to climate change impacts and improve research efforts. The order also establishes eight regional Climate Change Response Centers to synthesize existing climate change impact data and implement mitigation strategies and public education initiatives. In addition, the framework provides for development of a network of Landscape Conservation Cooperatives to engage other federal agencies, state and local governments, and private landowners to develop landscape-level strategies for addressing climate change impacts. For more information, link to DOI’s Climate Change website. (9-14-09)
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| Federal Agencies Release Draft Reports on Chesapeake Bay Restoration |
| The Environmental Protection Agency has announced the release of seven draft reports offering strategies for accelerating the cleanup of the Chesapeake Bay and its watershed, as required by President Obama’s May 12, 2009, Executive Order 13508 on Chesapeake Bay Restoration and Protection. The order established a Federal Leadership Committee, chaired by EPA with senior representatives from six federal agencies including the Department of Transportation, who developed the draft reports in consultation with affected states in the bay watershed and the District of Columbia. The draft reports specify a range of strategies and options for addressing key issues including water quality, public access, landscape conservation, climate change, scientific monitoring, and protection of natural resources. Major recommendations of the reports include increased accountability and performance from federal and state programs for pollution control, habitat protection, and land conservation and new regulations to reduce runoff from urban, suburban, and agricultural sources. The Federal Leadership Committee will review the proposals in the draft reports and issue a draft strategy for restoring the bay on Nov. 9, 2009. A final strategy will be released by May 12, 2010. For more information, link to the Chesapeake Bay Executive Order website. (9-10-09)
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| Association Newsletter Features Coalition Building for State Wetland Mapping Projects |
| The Association of State Wetland Managers has published the August-September 2009 issue of its bimonthly publication, Wetland News, which contains updates on the association’s news; recent publications; upcoming events; and a feature article on a current “hot issue” in wetlands management, science, or policy. The current issue includes an article on forming partnerships or coalitions between state agencies and private organizations for wetland mapping projects. The article provides examples of successful collaborations, including efforts by Massachusetts’ Department of Environmental Protection, Highway Department, and other state agencies to develop a cost-share program for updating state wetland maps. The article also highlights collaborations between states and utility companies, nonprofit organizations, colleges and universities, and others and provides tips for successful coalition building. For more information, link to Mapping Wetlands Together: Identifying Partnerships for Coalitions in the August-Sept 09 issue of Wetland News. (9-9-09)
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| 'State of the Practice' Report Addresses Construction Stormwater Management |
| A State-of-the-Practice report addressing construction stormwater management issues of concern to transportation agencies has been posted on the Center for Environmental Excellence by AASHTO website. The report discusses federal and state construction site stormwater quality requirements, challenges, and current state-of-the practice of state DOTs and identifies possible research needs. The report was compiled the Stormwater Management Community of Practice (CoP) – one of three CoPs launched by the Center. The Stormwater Management CoP includes representatives from 16 state transportation agencies, the Federal Highway Administration, the Federal Transportation Administration, and AASHTO. For more information, link to the Communities of Practice page on the Center website and to the Stormwater Management CoP State-of-the Practice Report. (8-28-09)
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| Wetlands Mapping Data Collection Requirements, Procedures Posted by FWS |
| FWS Adopts Federal Wetlands Mapping Standard |
| U.S. Interior Secretary Ken Salazar has announced the adoption of a Wetlands Mapping Standard that provides minimum requirements and guidelines for wetlands mapping efforts funded or conducted by the federal government. The new standard, which was developed and formally endorsed by the Federal Geographic Data Committee, is designed to guide current and future wetlands digital mapping projects. The standard also is intended to improve the overall quality and consistency of new wetlands data added to the U.S. Fish and Wildlife Service’s wetlands geospatial data layer. For more information, link to the FWS news release and to the National Wetlands Inventory website. (8-18-09)
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| EPA Seeks Input on National Clean Water Act Enforcement Programs |
| The Environmental Protection Agency has launched an online discussion forum to receive public comments and recommendations on the future of EPA’s national water enforcement programs. The online forum is part of an agency initiative launched in July 2009 to develop an action plan for improving the performance and enhancing public transparency of state and federal Clean Water Act enforcement programs. The discussion forum for the Clean Water Enforcement Action Plan will be open until Aug. 28, 2009. For more information, link to the discussion forum. (8-7-09)
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| Handbook on Stormwater Management Posted on Center for Environmental Excellence by AASHTO Website |
| A new resource to assist transportation agencies in developing and/or implementing a stormwater management program that satisfies the requirements of the Clean Water Act is now available from the Center for Environmental Excellence by AASHTO. Practitioner's Handbook # 13: Developing and Implementing a Stormwater Management Program in a Transportation Agency, includes background on the Clean Water Act and the national pollutant discharge elimination system (NPDES) program; state and local stormwater regulations; conducting a program effectiveness assessment; developing a stormwater management plan; public education and outreach; construction site stormwater compliance; integrating best management practices into transportation project delivery; roadway maintenance stormwater practices and NPDES compliance; total maximum daily loads and other special requirements; and important stormwater management terms. For more information, link to Handbook #13 on the Practitioner’s Handbooks page. (7-27-09)
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| Increased Flooding Risk from Global Warming Documented in NWF Report |
| The National Wildlife Federation has released a report that documents an increase in heavy rainfall events in the United States in recent decades as a result of global warming. The report describes poor management practices that contribute to severe flooding, including building in floodplains, loss of wetlands, and an over-reliance on levees and other strategies to control rivers. The report also considers communities in the Northeast, Midwest, and Pacific Northwest that face particular threats from flooding and severe storms. In addition, the report offers recommendations for reducing risks from severe flooding, including reducing greenhouse gas emissions, discouraging development in floodplains, and protecting wetlands and natural landscapes. For more information, link to Increased Flooding Risk: Global Warming’s Wake-Up Call for Riverfront Communities. (7-9-09)
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| EPA Releases Information on States' Clean Water Act Compliance, Enforcement |
| Information on the current state of clean water compliance and enforcement in each state has been posted by the U.S. Environmental Protection Agency on its website, the agency has announced. Information includes copies of the latest clean water enforcement and compliance performance reports for each state. EPA also has launched new Web-based tools to help the public search, assess, and analyze the data the agency used to help prepare the reports. The action follows a directive from EPA Administrator Lisa Jackson calling on the agency’s Office of Enforcement and Compliance Assurance (OECA) to develop an action plan to enhance public transparency regarding clean water enforcement. In the memo, Jackson also calls for stronger enforcement performance at federal and state levels and a transformation of EPA’s water quality and compliance information systems. For more information, link to state-by-state reports, EPA and state enforcement data, and the administrator’s memorandum. (7-6-09)
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| FWS Wetland Mapper Website Updated |
| The U.S. Fish and Wildlife Service has updated its National Wetlands Inventory website to allow users to download geospatial digital wetlands data by state from the Wetlands Mapper tool. The Wetlands Mapper is designed to integrate digital wetland map with other resource information to assist resource managers and the public with wetland conservation. For more information, link to the Geospatial Wetlands Digital Data webpage. (6-12-09)
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| FWS Designates Upper Mississippi River Floodplains as Wetland of International Importance |
| The U.S. Fish and Wildlife Service has announced the proposed designation of portions of the Upper Mississippi River as a Wetland of International Importance under the Ramsar Convention on Wetlands. The designation includes over 300,000 acres of federal and state lands and waters of the Upper Mississippi River floodplain in Iowa, Illinois, Minnesota, Missouri, and Wisconsin, including the 240,000 acre Upper Mississippi River National Wildlife and Fish Refuge and the Trempealeau National Wildlife Refuge. The proposed designation, which does not affect any current uses of the river, now goes to the Ramsar Secretariat for review, with formal designation expected in 2010. For more information, link to the FWS news release and the list of RAMSAR sites. (6-1-09)
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| FHWA Newsletter Describes Final Joint Compensatory Mitigation Rule |
| The June 2009 issue of the Federal Highway Administration’s Successes in Stewardship newsletter summarizes key provisions of revised regulations for compensatory mitigation to offset impacts to wetlands and other aquatic resources under Section 404 of the Clean Water Act. Issued jointly by the U.S. Army Corps of Engineers and the Environmental Protection Agency, the March 2008 final rule established three acceptable mechanisms for compensatory mitigation: mitigation banks, in-lieu programs, and permittee-responsible compensatory mitigation. The newsletter describes each of these mechanisms and explains that the primary difference between the new rule and previous guidelines is its preference for mitigation banking over the other types of mitigation. The newsletter also clarifies the difference between a wetland delineation and jurisdictional determination. For more information, link to the June 2009 Successes in Stewardship newsletter, Minimizing Negative Impacts on Wetlands through the New Final Joint Compensatory Mitigation Rule. (6-1-09)
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| ELI Honors 2009 National Wetlands Awards Recipients |
| At a May 12, 2009, ceremony in Washington, D.C., the Environmental Law Institute recognized seven winners of the 2009 National Wetlands Awards for their contributions to wetland conservation, research, or education. The seven awardees are: Susan Vincent (New York), Carol Johnston (South Dakota), Peter Bahls (Washington), Richard Thieriot (California), Rick Gitar (Minnesota), Melissa Samet (California), and Ken Brunswick (Indiana). For more information, link to National Wetlands Awards. (5-12-09)
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| Texas Facility Tests Erosion Control Devices for Construction Runoff |
| The Texas Transportation Institute has developed a new sediment device testing facility at its Hydraulic, Sedimentation, and Erosion Control Laboratory (HSECL) at Texas A&M’s Riverside Campus. The facility allows researchers to measure the effectiveness of various erosion control devices currently on the market in meeting future EPA restrictions on runoff at construction sites, or “effluent limitation guidelines.” For more information, link to the news release and the HSECL webpage. (4-29-09)
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| Few 'Significant Delays' Seen for Jurisdictional Determinations Post-Rapanos |
| Transportation agencies are experiencing few significant delays in obtaining jurisdictional determinations under Section 404 of the Clean Water Act, according to recent research conducted under the National Cooperative Highway Research Program. A technical memorandum summarizing the findings of NCHRP Project 25-25 (Task 52) provides an explanation of the statutory and regulatory background of the Clean Water Act requirements, including the U.S. Supreme Court ruling in Rapanos v. United States (126 S. Ct. 2208 (2006)), as well as subsequent legal interpretations and federal agency guidance. Based on the results of a survey conducted for the project, researchers concluded that “DOTs and the U.S. Army Corps of Engineers staffs have adapted to the post-Rapanos system and that the significant delays that occurred in the early days of the Rapanos decision are no longer present.” For more information, link to Jurisdictional Determinations Authority of the Army Corps of Engineers under the Clean Water Act (NCHRP 25-25, Task 52). (4-21-09)
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| FWS Releases Online Sea Level Rise Modeling Tool |
| A new web-based tool designed to help the public understand the potential effect of sea level rise on wetland conservation has been released by the U.S. Fish and Wildlife Service’s Chesapeake Bay Field Office. The new Sea Level Affecting Marshes Model (SLAMM)-View is a browser-based application that displays map pairs of the same area at different sea levels, allowing users to visualize sea level rise models in a more intuitive way then previous tables or static images. The SLAMM-View currently features regional simulations for several important estuaries, including Delaware Bay, coastal South Carolina, coastal Georgia, the Puget Sound and the Chesapeake Bay. For more information, link to FWS’ SLAMM webpage. (4-22-09)
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| Presentations Available from CSS Webinar on Sustainable Stormwater Management |
| ContextSensitiveSolutions.org has posted to its website two presentations from a webinar it co-hosted with the Federal Highway Administration on April 16, 2009, regarding sustainable stormwater management practices. The webinar featured innovative strategies for natural onsite stormwater storage and treatment and addressed the importance of sustainable stormwater management practices. The first presentation, by Wendi Goldsmith of The Bioengineering Group, is titled Paving the Way to Healthy Watersheds. The second presentation, Green Streets: From Grey Funnels to Green Sponges, was given by Clark Wilson of U.S. EPA’s Smart Growth Division. For more information, link to the CSS Webinar Series webpage. (4-16-09)
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| EPA Webcasts Feature Green Infrastructure Approach to Stormwater Management |
| The Environmental Protection Agency is hosting a series of webcasts on ‘’green infrastructure’’ approaches for managing wet weather events. Green Infrastructure management approaches and technologies are designed to reduce, capture, and treat stormwater runoff at its source before it can reach the sewer system. Along with preservation and restoration of natural landscape features, green infrastructure practices include porous pavements, infiltration planters, trees and tree boxes, and other tools to reduce runoff. The remaining webcasts for 2009 address topics such as site planning and design considerations, funding and incentives, green streets retrofits, and brownfields redevelopment. For more information, link to the 2009 webcast schedule and EPA’s Managing Wet Weather with Green Infrastructure website. (4-17-09)
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| CSS Website Offers Sustainable Stormwater Management Resources |
| ContextSensitiveSolutions.org has launched a new topic area on its website offering resources on sustainable stormwater management. An overview for the new topic area describes the sustainable stormwater management approach as one that integrates stormwater management into the surrounding terrain, using systems such as landscaped medians, swales, and interchange areas to store and treat highway runoff. According to the website, transitioning to a more ecosystem-based approach reduces the need for state DOTs to employ the more heavily engineered and costly “collect and convey” approach involving piping and other infrastructure to collect highway stormwater runoff, which often requires additional “end of pipe” treatment to remove pollutants and sediments. Other benefits of a more sustainable approach include shorter project delivery times and lower maintenance costs. For more information, link to the Stormwater Management/Water Quality topic area on ContextSensitiveSolutions.org. (4-16-09)
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