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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The U.S. Fish and Wildlife Service has published a companion document to the newly adopted Wetlands Mapping Standard that describes technical procedures and requirements for mapping wetlands and deepwater habitats. The document explains the appropriate application of the wetland classification and mapping process and how to achieve the data quality requirements under the new standards. The document applies to all wetland map data submitted for inclusion in the Wetlands Geospatial Data Layer maintained by FWS. For more information, link to the Data Collection Requirements and Procedures for Mapping Wetland, Deepwater and Related Habitats of the United States on the National Wetlands Inventory website. (8-21-09)

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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The Environmental Protection Agency has posted to its website information on the core elements of effective state and tribal wetlands programs as part of its Enhancing State and Tribal Wetlands Program Initiative, an effort to improve the delivery of technical and financial support to state/tribal wetlands programs. The new Core Elements of Effective State and Tribal Wetlands Programs, or Core Elements Framework (CEF), describes the four basic program functions of state and tribal wetland programs: monitoring and assessment; regulatory activities including Section 401 certification; restoration and protection; and water quality standards for wetlands. The framework describes each of the four elements and includes a menu of program objectives, actions, and milestones that states and tribes can use to further their wetlands program development activities. For more information, link to the wetlands Core Elements Framework. (3-16-09)

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The Environmental Protection Agency, U.S. Army Corps of Engineers, and Oregon Department of State Lands have jointly announced the release of a new scientific tool designed to help natural resource professionals identify waters that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act and Oregon’s Removal-Fill statute. The Oregon Streamflow Duration Assessment Method provides for the analysis of over 20 environmental factors in the field to distinguish between ephemeral, intermittent, and perennial streams. Use of the new method, which currently has been released as an interim version, is recommended but not required. Training sessions will be held in Portland, Medford, and LeGrande, Ore., this spring. For more information, link to EPA Region 10’s Oregon Streamflow Duration Assessment Method website. (3-6-09)

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A new report by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration documents a continuing loss of vital wetlands in coastal watersheds of the eastern United States. The new report shows an annual loss of 59,000 acres of wetlands in coastal watersheds of the Atlantic, Gulf of Mexico, and Great Lakes from 1998 to 2004.  These losses of wetlands in coastal watersheds are in stark contrast to the nationwide increase in wetlands over the same time period. For more information, link to Status and Trends of Wetlands in the Coastal Watersheds of the Eastern United States 1998 to 2004. (2-17-09)

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A report published by the Environmental Council of the States provides the states’ definitions of ‘waters of the state’ to clarify the difference between state waters and the federal definition of ‘waters of the U.S.’ for jurisdictional purposes. The report highlights that because most states’ definitions of their waters are broader than the federal definition under the Clean Water Act, they are free to exert jurisdiction over waters within their boundaries that are not covered by CWA. The report provides a description of the definitions of state waters for each of the 50 states. For more information, link to The States’ Definitions of ‘Waters of the State.’ (2-5-09)

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A report published by the U.S. Geological Survey explores strategies for federal water resources managers to prepare for, adapt to, and mitigate the effects of climate change. The interagency report, prepared by USGS and the U.S. Army Corps of Engineers, Bureau of Reclamation, and National Oceanic and Atmospheric Administration, includes an introduction to the potential effects of climate change on water resources. The report also features chapters on tracking climate change impacts, available climate information for long-range planning, approaches for decisionmaking, adaptation options, and opportunities for advancing planning capabilities. For more information, link to Climate Change and Water Resources Management: A Federal Perspective. (2-2-09)

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A new video produced by the Environmental Protection Agency and the U.S. Botanic Garden highlights green techniques being used in urban areas to reduce stormwater runoff. The online video features techniques such as rain gardens, green roofs, and rain barrels designed to manage urban stormwater runoff at its source. For more information, link to the video, Reduce Runoff: Slow It Down, Spread It Out, Soak It In, on EPA’s Low Impact Development website. (1-15-09)

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Landowner John Rapanos and related defendants have agreed to pay a civil penalty and restore wetlands at three sites in Midland and Bay counties, Michigan that the U.S. Justice Department and the Environmental Protection Agency argued were filled in violation of the Clean Water Act. The litigation in United States v. Rapanos, originally filed in 1994, has drawn national attention to wetlands policy, including an argument before the U.S. Supreme Court in which Rapanos challenged EPA’s allegations that the wetlands were under federal jurisdiction. As part of the settlement, Rapanos has agreed to pay a civil penalty of $150,000; to spend an estimated $750,000 to mitigate the 54 acres that were filled without authorization; and to preserve an additional 134 acres of wetlands not affected by the unauthorized activity. The agreement is described in a consent decree lodged in the U.S. District Court for the Eastern District of Michigan that is subject to a 30-day comment period and final court approval. For more information, link to the EPA news release and the proposed consent decree. (12-29-08)

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