ARTBA Offers EPA Guidance for Future Stormwater Regulations
Stormwater runoff regulations issued by the U.S. Environmental Protection Agency (EPA) should take into account many of the features that make transportation projects unique and not take a “one-size-fits-all” approach, the American Road & Transportation Builders Association (ARTBA) told the agency January 28.
“Any future measures affecting transportation projects should allow the flexibility necessary to ensure stormwater issues can be addressed in a manner suited to the individual nature of the project,” ARTBA Assistant General Counsel & Director of Regulatory Affairs Nick Goldstein testified at an EPA Stormwater Regulation Listening Session in Washington, D.C. He added that “issues of cost and liability need to be taken into account to ensure any new regulatory regimens do not result in additional years of delay and unnecessary costs to projects.”
Goldstein outlined four ARTBA recommendations:
- Defining Large Projects. Regulations, he said, should consider the long, linear nature of many transportation construction projects. Transportation projects, he noted, spread environmental impacts over a large area of land, as opposed to the concentrated manner associated with shopping malls or other projects.
- Giving Flexibility Based on Project Needs. Noting transportation projects are undertaken in every area of the country, he said those in areas with heavy rainfall should not be held to the same standards as projects in arid regions, for example. He urged avoidance of a “one-size-fits-all” approach.
- Addressing Liability. Any proposed rule, he said, should also be constructed to ensure it does not create another avenue for project opponents to use litigation to delay and/or disrupt needed transportation improvement projects.
- Cost Management. Noting new regulations will bring additional costs for builders, who will pass them on to project owners (often state and local governments), Goldstein cautioned that transportation capital needs already far exceed available financial resources to fund them.
Goldstein urged that any new regulations be designed with a goal of accelerating transportation project delivery. He drew attention to a recent U.S. Government Accountability Office (GAO) report that identified more than 200 major decision points that are already required for large transportation projects. This leads, he said, to projects often stretching out from nine to 13 years to completion. Overlapping state and federal regulations add to this delay, he said, which costs taxpayers enormous and unnecessary lost time and money
Since 1993, ARTBA has been the transportation construction’s primary advocate on environmental and regulatory matters in the Nation’s Capital.