text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Safe Treatment of Polluted 
  Stormwater Runoff Act'' or the ``STOPS Runoff Act''.
  
  SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.
  
      (a) In General.--Chapter 3 of title 23, United States Code, is 
  amended by adding at the end the following:
  
  ``SEC. 330. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.
  
      ``(a) Definitions.--In this section:
              ``(1) Control measure.--The term `control measure' means a 
          program, structural or nonstructural management practice, 
          operational procedure, or policy on or off the project site 
          that is intended to prevent, reduce, or control highway runoff 
          pollution.
              ``(2) Covered project.--The term `covered project' means a 
          rehabilitation, reconfiguration, renovation, major resurfacing, 
          or construction project carried out under this title that--
                      ``(A) results in a 10-percent or greater increase 
                  in impervious surface of the aerial extent within the 
                  right-of-way of the project limit on a Federal-aid 
                  highway or associated facility; or
                      ``(B) results in an increase of 1 acre or more in 
                  impervious surface coverage.
              ``(3) Highway runoff pollution.--The term `highway runoff 
          pollution' means, in relation to a Federal-aid highway, 
          associated facility, or control measure retrofit project, one 
          or more of the following:
                      ``(A) A discharge of sediment, metals, chemicals, 
                  nitrogen and phosphorous, or oil and grease in runoff.
                      ``(B) A discharge of peak flow rate, water 
                  temperature, or volume of runoff that exceeds 
                  predevelopment amounts.
              ``(4) Predevelopment hydrology.--The term `predevelopment 
          hydrology' means, for project sites covered by this section, 
          that--
                      ``(A) the precipitation from all rainfall events 
                  less than or equal to the 95th percentile rain event 
                  shall be managed on-site through stormwater management 
                  practices designed, constructed, and maintained to 
                  prevent off-site discharge, to the maximum extent 
                  technically feasible; or
                      ``(B) runoff typical of natural conditions prior to 
                  anthropogenic disturbance, as determined by site-
                  specific conditions, local meteorology, and continuous 
                  simulation modeling techniques, are preserved through 
                  stormwater management practices that are designed, 
                  constructed, and maintained to manage the volume, rate, 
                  and temperature of stormwater runoff following 
                  construction.
              ``(5) Watershed-based environmental management approach.--
          The term `watershed-based environmental management approach' 
          means an approach under which--
                      ``(A) the selection of solutions that prevent or 
                  minimize the environmental impact of an individual 
                  project is made within the broader context of the 
                  environmental protection and restoration goals of any 
                  watershed that drains the project site, rather than 
                  selecting solutions solely based on site level 
                  considerations; and
                      ``(B) priority consideration is given to--
                              ``(i) protection of drinking water 
                          supplies;
                              ``(ii) protection and restoration of 
                          waterways listed by a State as impaired in 
                          accordance with section 303(d) of the Federal 
                          Water Pollution Control Act (33 U.S.C. 
                          1313(d));
                              ``(iii) preservation of aquatic ecosystems 
                          and fisheries; and
                              ``(iv) cost-effective expenditure of 
                          Federal funds.
      ``(b) Establishment.--The Secretary, with the concurrence of the 
  Administrator of the Environmental Protection Agency, shall establish a 
  Federal-aid highway runoff pollution avoidance and management program 
  to ensure that covered projects are sited, constructed, and maintained 
  in accordance with design standards intended to protect surface and 
  ground water quality and ensure the long-term management of stormwater 
  originating from Federal-aid highways.
      ``(c) Project Approval.--The Secretary may approve a covered 
  project of a State under section 106 only if the State provides 
  assurances satisfactory to the Secretary that the State will site, 
  design, and construct the covered project in accordance with the design 
  standards described in subsection (d).
      ``(d) Design Standards.--
              ``(1) In general.--The post-construction condition of a 
          covered project shall maintain or restore, to the maximum 
          extent technically feasible, the predevelopment hydrology of 
          the project site with regard to the temperature, rate, chemical 
          composition, volume, and duration of flow.
              ``(2) Covered projects in impaired watersheds.--Any covered 
          project carried out within a watershed that contains an 
          impaired water listed under section 303(d) of the Federal Water 
          Pollution Control Act (33 U.S.C. 1313(d)) shall be in 
          accordance with--
                      ``(A) the load or wasteload allocation requirements 
                  established by the Administrator of the Environmental 
                  Protection Agency or the State; and
                      ``(B) the requirements relating to predevelopment 
                  hydrology under paragraph (1).
              ``(3) Additional prioritized requirements.--In addition to 
          the requirements described in paragraphs (1) and (2), a covered 
          project shall, in the following order of priority--
                      ``(A) reduce the creation of highway runoff 
                  pollution from the covered project by--
                              ``(i) avoiding or minimizing the alteration 
                          of natural features and hydrology; and
                              ``(ii) maximizing the use of pollution 
                          source control measures that use existing 
                          terrain and natural features, including natural 
                          drainage ways, soils, and vegetation, to reduce 
                          creation of pollution from the covered project;
                      ``(B) maximize the capture of highway runoff 
                  pollution created by the covered project through 
                  control measures, including environmental site design 
                  techniques and other control measures that promote 
                  evapotranspiration, infiltration, reuse, and retention; 
                  and
                      ``(C) for highway runoff pollution remaining after 
                  the application of the onsite measures in subparagraphs 
                  (A) and (B), use a watershed-based environmental 
                  management or equivalent approach to avoid adverse 
                  water quality effects from the covered project 
                  through--
                              ``(i) capture and treatment of highway 
                          runoff pollution with appropriate control 
                          measures on the site;
                              ``(ii) discharge of highway runoff 
                          pollution directly to an off-site control 
                          measure under the control of the State with 
                          documented capacity to provide functionally and 
                          quantitatively equivalent management of runoff 
                          pollution to that required to achieve the 
                          minimum standards of this subsection for the 
                          design life of the project; and
                              ``(iii) if the control measures described 
                          in clauses (i) and (ii) are found to be 
                          technically infeasible based on site conditions 
                          or other appropriate factors, and an 
                          appropriate off-site runoff pollution 
                          mitigation program exists, contribution to a 
                          mitigation program that would produce 
                          functionally and quantitatively equivalent or 
                          greater control and management of runoff 
                          pollution to that required by this subsection.
              ``(4) Off-site control measures.--Of the control measures 
          described in paragraph (3)(C)(iii), the Secretary shall give 
          priority to off-site control measures that address the impacts 
          of runoff pollution to waterways that are--
                      ``(A) listed as impaired in accordance with section 
                  303(d) of the Federal Water Pollution Control Act (33 
                  U.S.C. 1313(d)); and
                      ``(B) located in--
                              ``(i) the same 8-digit Hydrologic Unit Code 
                          as the covered project; or
                              ``(ii) the lowest Hydrologic Unit Code that 
                          is the most protective of the waters receiving 
                          the discharge.
      ``(e) Guidance.--
              ``(1) In general.--Not later than 180 days after the date 
          of enactment of this section, the Secretary, with the 
          concurrence of the Administrator of the Environmental 
          Protection Agency, shall publish guidance to assist States in 
          complying with this section.
              ``(2) Contents of guidance.--The guidance shall include 
          guidelines for the establishment of State processes and 
          programs that will be used to assist in avoiding, minimizing, 
          and managing highway runoff pollution from covered projects in 
          accordance with the design standards described in subsection 
          (d), including guidelines--
                      ``(A) to help States integrate the planning, 
                  selection, design, and long-term operation and 
                  maintenance of control measures consistent with the 
                  design standards in the overall project planning 
                  process;
                      ``(B) for a watershed-based environmental 
                  management approach to assist projects in achieving 
                  consistency with the design standards;
                      ``(C) for the development and use of off-site 
                  runoff pollution mitigation programs to achieve 
                  compliance with the design standards; and
                      ``(D) for State inspection and reporting to 
                  document State compliance and project consistency with 
                  this section.
              ``(3) Updating standards.--Not later than 5 years after the 
          date of publication of the guidance, and every 5 years 
          thereafter, the Secretary, with concurrence of the 
          Administrator of the Environmental Protection Agency, shall 
          update, as applicable, the guidance described in this 
          subsection.
      ``(f) Limitation on Statutory Construction.--Nothing in this 
  section affects the applicability of any provision of Federal, State, 
  or local law that is more stringent than the requirements of this 
  section.
      ``(g) Reporting.--
              ``(1) In general.--Except as provided in paragraph (2)(A), 
          the Secretary shall require each State to submit to the 
          Secretary an annual report that describes the highway runoff 
          pollution reductions achieved for covered projects carried out 
          by the State after the date of enactment of this section.
              ``(2) Reporting requirements under permit.--
                      ``(A) In general.--A State shall not be required to 
                  submit an annual report described in paragraph (1) if 
                  the State--
                              ``(i) is operating Federal-aid highways in 
                          the State in a post-construction condition in 
                          accordance with a permit issued under the 
                          Federal Water Pollution Control Act (33 U.S.C. 
                          1251 et seq.);
                              ``(ii) is subject to an annual reporting 
                          requirement under such a permit (regardless of 
                          whether the permitting authority is a Federal 
                          or State agency); and
                              ``(iii) carries out a covered project with 
                          respect to a Federal-aid highway in the State 
                          described in clause (i).
                      ``(B) Transmission of report.--A Federal or State 
                  permitting authority that receives an annual report 
                  described in subparagraph (A)(ii) shall, upon receipt 
                  of such a report, transmit a copy of the report to the 
                  Secretary.''.
      (b) Effective Date.--This Act and the amendments made by this Act 
  apply to covered projects (as defined in section 330(a)(2) of title 23, 
  United States Code) (as added by subsection (a)), the construction of 
  which commences on or after the date that is 1 year after the date of 
  enactment of this Act.
      (c) Clerical Amendment.--The analysis for chapter 3 of title 23, 
  United States Code, is amended by adding at the end the following:
  
  ``330. Federal-aid highway runoff pollution management program.''.
target: Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT), with the concurrence of the Administrator of the Environmental Protection Agency (EPA), to establish a federal-aid highway runoff pollution avoidance and management program to ensure that covered federal-aid highway projects are sited, constructed, and maintained in accordance with certain design standards to control and treat polluted stormwater runoff from federal-aid highways.
  
  Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will site, design, and construct the project in accordance with such standards.
feat_title: A bill to amend title 23, United States Code, to direct the Secretary to establish a comprehensive design standard program to prevent, control, and treat pollulted stormwater runoff from federally funded highways and roads, and for other purposes.