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Technical Guidance on Implementing the Stormwater Runoff Requirements for Federal Projects under Section 438 of the Energy Independence and Security Act

U.S. Environmental Protection Agency (EPA) | December 1st, 2009


Stormwater runoff is a leading contributor to water pollution in urban and developing areas in the United States. Section 438 of the Energy Independence and Security Act of 2007 (EISA)  requires agencies to protect water resources by reducing stormwater runoff from any federal development projects.

In December 2007, Congress enacted the Energy Independence and Security Act of 2007. Section 438 of that legislation establishes strict stormwater runoff requirements for federal development and redevelopment projects.  The provision reads as follows: “Storm water runoff requirements for federal development projects. The sponsor of any development or redevelopment project involving a Federal facility with a footprint that exceeds 5,000 square feet shall use site planning, design, construction, and maintenance strategies for the property to maintain or restore, to the maximum extent technically feasible, the predevelopment hydrology of the property with regard to the temperature, rate, volume, and duration of flow.”

The intent of Section 438 of the Energy Independence and Security Act of 2007 (EISA) is to require federal agencies to develop and redevelop applicable facilities in a manner that maintains or restores stormwater runoff to the maximum extent technically feasible. Until recently, stormwater programs established to address water quality objectives have been designed to control traditional pollutants that are commonly associated with municipal and industrial discharges, e.g., nutrients, sediment, and metals. Increases in runoff volume and peak discharge rates have been regulated through state and local flood control programs.

Although these programs have merit, knowledge accumulated during the past 20 years has led stormwater experts to the conclusion that conventional approaches to control runoff are not fully adequate to protect the nation’s water resources (National Research Council, 2008).

Implementation of Section 438 of the EISA can be achieved through the use of the green infrastructure/low impact development (GI/LID) infrastructure tools described in this guidance.

The intention of the statute is to maintain or restore the pre-development site hydrology during the development or redevelopment process. To be more specific, this requirement is intended to ensure that receiving waters are not negatively impacted by changes in runoff temperature, volumes, durations and rates resulting from federal projects. It should also be noted that a performance-based approach was selected in lieu of a prescriptive requirement in order to provide site designers maximum flexibility in selecting control practices appropriate for the site.

Keywords

stormwater, water quality