Pollution Control Programs for Roads, Highways and Bridges
United States
Environmental Protection
Agency
|
Office of Water
(4503F)
|
EPA-841-F-95-008c
November 1995
|
Roads, highways, and bridges contribute
measurable amounts of pollutants to our nation's waters. A number of
federal regulations and programs address runoff pollution during the
construction, operation, and maintenance of roads, highways, and
bridges. Both federal and state governments play a vital role in
implementing these programs.
Coastal Zone Management Programs
The Coastal Zone Management Act of 1972 established a program for states
to voluntarily develop comprehensive programs to protect and manage
coastal water resources. There are now 29 coastal states and territories
with federally approved coastal management programs. The Coastal Zone Act
Reauthorization Amendments (CZARA) of 1990 specifically charged coastal
states and territories with upgrading their runoff pollution control
programs to protect coastal waters.
The Environmental Protection Agency (EPA) and the National Oceanic and
Atmospheric Administration (NOAA) jointly oversee the development and
implementation of these Coastal Nonpoint Pollution Control
Programs, or CNPCPs.
EPA published Guidance Specifying Management Measures for Sources
of Nonpoint Pollution in Coastal Waters to be used by states to
implement management measures economically achievable measures that
reflect the greatest degree of runoff pollution control to control the
addition of runoff pollutants to coastal waters. The Guidance also
includes best management practices, technologies, processes, siting
criteria, and operating methods for roads, highways, and bridges that
states can use to implement the management measures. States can use
alternative management measures if they provide the same or a greater
degree of pollutant control as the management measures in the
Guidance. States will begin implementing their CNPCPs in 1996 and
achieve full implementation by 2004.
CZARA applies to site development and land disturbing activities in
the coastal management area of each State with an approved coastal
management program. Certain road, highway and bridge related
activities are excluded from this program due to coverage under the
National Pollutant Discharge Elimination System (NPDES) permitting
program. These activities include construction activities where 5 or
more acres (2.02 ha) are disturbed, and activities within
municipalities with municipal separate storm sewer systems that have
populations of 100,000 or more.
Nonpoint Source Programs
Section 319 of the Clean Water Act (CWA) established a national nonpoint
source (NPS) control program that encourages states and territories to
develop programs for the control of pollution from erosion and sediment
runoff and other pollutants that can affect surface and ground waters.
States with EPA-approved .319 programs are eligible to receive grants to
help with their implementation. States with approved CNPCPs are eligible
for grants under CZMA Section 306 and CWA Section 319.
National Pollutant Discharge Elimination System
The National Pollutant Discharge Elimination System (NPDES) was
established under section 402 of the Clean Water Act. Under NPDES,
sources of pollution that discharge to surface waters through pipes or
other distinct conveyance systems ("point sources") must have a discharge
permit. Storm water runoff from roads, highways, and bridges that is
carried by municipal separate storm sewer collection systems (MS4s) that
serve populations of more than 100,000 must be permitted under NPDES.
Highway construction projects that disturb 5 acres or more must also be
permitted under NPDES.
FHWA Environmental Policy
In 1990 the Federal Highway Administration (FHWA) issued its
Environmental Policy Statement, which is based on the National
Transportation Policy and the National Environmental Policy Act (NEPA)
requirement to interpret laws, regulations, and procedures in a manner
consistent with environmental protection.
The Environmental Policy Statement emphasizes FHWA's commitment to
environmental protection. One of FHWA's goals is to communicate its
commitment to protect and enhance the environment and emphasize the
early and continuous involvement of federal, state, and local
governments, private businesses, interest groups, communities, and
interested individuals.
Another goal is to make environmental considerations an integral part
of the federal highway program, particularly in systems planning and
project develop-ment.Another goal is to design and build facilities
that fit harmoniously into communities and the natural environment by
avoiding, minimizing, and mitigating adverse environmental impacts and
enhancing the environment to the extent practicable.FHWA also seeks to
foster innovation through transportation research and development.
ISTEA
The Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991
established the Surface Transportation Program (STP), which is a block
grant program that may be used by states and localities for any roads
(including the National Highway System) that are not functionally
classified as local or rural minor collectors.
Each state must set aside 10 percent of its allocated STP funds for
transportation enhancements, which include pedestrian and bicycle
facilities, acquisition of scenic easements and scenic or historic
sites, scenic or historic highway programs, landscaping and other
scenic beautification, historic preservation, rehabilitation and
operation of historic transportation buildings and facilities,
preservation of abandoned railway corridors, control and removal of
outdoor advertising, and archaeological planning and research. Many
states have not used these set-aside funds.
The mitigation of water pollution due to highway runoff is another
enhancement activity eligible for these set-aside funds. States are
able to use a portion of their federal funding allotment for runoff
pollution control devices and other best management practices to
reduce the amount of polluted runoff that reaches lakes and rivers.
ISTEA also required that the Department of Transportation develop
national erosion control guidelines for states to follow when carrying
out federal-aid construction projects. ISTEA requires that FHWA
guidelines for erosion and sediment control in coastal areas be
consistent with both the CZARA Guidance for CNPCPs and the
state .319 programs. FHWA has adopted the American Association of
State Highway and Transportation Officials' (AASHTO) publication,
Highway Drainage Guidelines, Volume III, Erosion and Sediment
Control in Highway Construction, as guidelines.
The AASHTO guidelines reflect current state-of-the-art practices and
management techniques. They cover the development, implementation, and
maintenance of erosion and sediment control plans and appurtenances
and provide examples of typical erosion control devices. The AASHTO
guidelines provide a foundation from which states can develop erosion
and sediment control guidelines specifically suited to a particular
geographic region. State highway agencies should use the AASHTO
guidelines, or their own more stringent guidelines, to develop
specific standards and practices for the control of erosion and
sedimentation on federal-aid construction projects.
Wetlands Programs
Wetlands are typically found at the low spots in the landscape, so they
often receive runoff from the surrounding land. Wetlands serve as natural
filters, with their ability to improve the quality of the waters that
pass through them. They also protect private property from flooding and
provide habitat for a variety of fish, wildlife, and plants. The Clean
Water Act Section 404 program, which is discussed below, is the major
Federal program regulating activities in wetlands. In addition, the CZARA
Management Measures Guidance also addresses the protection and
restoration of wetlands and riparian areas. Section 404 of the Clean
Water Act establishes a permit program to regulate the discharge of
dredged and fill material into waters of the U.S., including wetlands.
This program is jointly administered by EPA and the Army Corps of
Engineers.
|
