94-18124. Erosion and Sediment Control on Highway Construction Projects  

  • [Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-18124]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 26, 1994]
    
    
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    DEPARTMENT OF TRANSPORTATION
    Federal Highway Administration
    
    23 CFR Part 650
    
    [FHWA Docket No. 93-6]
    RIN 2125-AD08
    
     
    
    Erosion and Sediment Control on Highway Construction Projects
    
    AGENCY: Federal Highway Administration (FHWA), DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: Section 1057 of the Intermodal Surface Transportation 
    Efficiency Act of 1991 (ISTEA) requires the Secretary of Transportation 
    to develop erosion control guidelines for States to follow when 
    carrying out Federal-aid construction projects. Pursuant to this 
    authority, the existing erosion and sediment control regulation, issued 
    in 1974, is being updated and modified by the FHWA to reflect current 
    state-of-the-art practices and management techniques. To fulfill the 
    requirements of section 1057, the FHWA is adopting, as guidelines, the 
    American Association of State Highway and Transportation Officials 
    (AASHTO) publication Highway Drainage Guidelines, Volume III, ``Erosion 
    and Sediment Control in Highway Construction,'' 1992. The updated 
    regulation includes a statement recommending that each State highway 
    agency (SHA) apply these guidelines, or their own more stringent 
    guidelines, to develop specific standards and practices for the control 
    of erosion.
    
    EFFECTIVE DATE: July 26, 1994.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Robin L. Schroeder, Office of 
    Engineering, HNG-23, 202-366-1577; or Mr. Robert J. Black, Office of 
    the Chief Counsel, HCC-31, 202-366-1359; Federal Highway 
    Administration, 400 Seventh Street, SW., Washington D.C. 20590. Office 
    hours are 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except 
    legal Federal holidays.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 1057 of the ISTEA (Pub. L. 102-240, 105 Stat. 1914, 2002) 
    requires the Secretary to develop erosion control guidelines for the 
    States to follow in carrying out federally funded construction 
    projects. It requires that these guidelines not preempt any requirement 
    under State law if such requirement is more stringent than the 
    guidelines. It also requires that these guidelines be consistent with 
    nonpoint source management programs under section 319 of the Federal 
    Water Pollution Control Act (33 U.S.C. 1339) and coastal nonpoint 
    pollution control guidance1 under section 6217(g) of the Coastal 
    Zone Act Reauthorization Amendments of 1990 codified at 16 U.S.C. 
    Sec. 1455b (Pub. L. 101-508, 104 Stat. 1388-299, as amended) (Coastal 
    Zone Act).
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        \1\The final guidance document ``Guidance Specifying Management 
    Measures for Sources of Nonpoint Source Pollution in Coastal 
    Waters,'' 84-B-92-002, U.S. Environmental Protection Agency, January 
    1993, is available in FHWA docket 93-6 for inspection and copying in 
    Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway 
    Administration, 400 Seventh Street, SW., Washington D.C. 20590.
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        To satisfy this requirement the FHWA is adopting, as guidance, the 
    AASHTO publication Highway Drainage Guidelines, Volume III, ``Erosion 
    and Sediment Control in Highway Construction,'' 1992. Other minor 
    editorial changes to 23 CFR 650 were also made to correct typographical 
    errors and to change the wording to reflect current practice. A notice 
    of proposed rulemaking (NPRM) proposing to revise 23 CFR 650, subpart B 
    to reference this AASHTO publication was published in the Federal 
    Register on March 1, 1993, at 58 FR 11814.
    
    Comments To Docket
    
        Nine comments were submitted to the docket. Eight comments were 
    received from SHA's and one comment from a Federal Government agency. 
    The following is a summary of the comments and the FHWA responses:
    
    Supportive of Change
    
        The North Carolina Department of Transportation (DOT) supported 
    FHWA's proposal to adopt the AASHTO guidelines.
        The Connecticut Department of Transportation submitted a letter 
    stating that they had no comment concerning the guidelines.
    
    Existing Guidelines More Stringent
    
        The California Department of Transportation (CALTRANS) did not 
    object to the changes to 23 CFR 650 subpart B. CALTRANS stated that it 
    has adopted requirements and guidelines for erosion control on 
    construction projects that are equal to or more stringent than the 
    guidelines set forth in the AASHTO publication.
    
    National Pollutant Discharge Elimination System (NPDES) Requirements
    
        The Hawaii Department of Transportation stated that the FHWA should 
    adopt the AASHTO publication. It suggested, though, that the final rule 
    reference the NPDES permit requirements in 23 CFR 650. The NPDES 
    permits are issued under the authority of the Environmental Protection 
    Agency (EPA) in compliance with the provisions of the Federal Water 
    Pollution Control Act (FWPCA), (33 U.S.C. 1251 et seq., as amended by 
    Pub. L. 92-500).
        The FHWA does not believe that it is necessary to specifically 
    reference NPDES permit requirements in 23 CFR 650. There is a statement 
    in 23 CFR 650.207(b) that the FHWA shall take all reasonable steps to 
    insure that all project designs for control of erosion and 
    sedimentation comply with applicable standards and regulations of other 
    agencies. This would include the NPDES permit requirements as well as 
    any other State or local regulations concerning the control of erosion 
    and sedimentation.
    
    Guidelines
    
        Four of the SHA respondents had comments concerning specific 
    sections of the AASHTO publication Highway Drainage Guidelines, Volume 
    III, ``Erosion and Sediment Control in Highway Construction,'' 1992.
        The Nebraska Department of Roads (NDOR) questioned the use of a 
    hydraulic engineer in the design and review of diversion dikes and 
    ditches, and temporary slope drains. The NDOR believed that normal 
    roadway design engineers would be adequate for most hydraulic designs. 
    Hydraulic engineers, the NDOR argued, could be used for the design and 
    review of complex sediment and erosion control systems.
        While the FHWA agrees that a roadway design engineer may be capable 
    of conducting an adequate hydraulic design, it is important that 
    erosion and sediment control structures are designed properly. These 
    structures should be sized and located based on flows resulting from 
    the design year storm. Proper design of the project requires a working 
    knowledge of hydraulic engineering. While it is not required that a 
    hydraulic engineer conduct the design and review of the erosion and 
    sediment control structures, the design must be conducted by someone 
    competent in hydraulic design procedures. While the FHWA does not agree 
    with the NDOR suggestion that the reference to a hydraulic engineer be 
    removed from the guidance, it does agree that a person who is competent 
    in hydraulic design could adequately fulfill the intent of the 
    guidelines.
        The Arkansas State Highway Department had no reservations about 
    adopting the AASHTO guidelines, but suggested that a summary be added 
    indicating that the level of effort dedicated to the planning of a 
    project and the development of the erosion control plan be commensurate 
    with size and complexity of project. While the FHWA agrees that more 
    complex projects or projects that may affect sensitive ecosystems such 
    as wetlands, streams, rivers, or other water bodies will include 
    detailed erosion and sediment control plans, every project should be 
    planned, located, designed, and constructed with the intent of limiting 
    the project's effects on the environment. Though projects may differ in 
    the type and extent of the mitigation measures and practices that are 
    implemented, the level of effort put forth to limit the environmental 
    effects for smaller, less complex projects should be equal to that put 
    forth on larger, more complex ones.
        The Georgia Department of Transportation (GDOT) found the AASHTO 
    document acceptable but had the following minor comments. The GDOT 
    argued that detailed erosion and sediment control plans should not be 
    required as part of the contract document in order to allow the 
    contractor the necessary flexibility to develop a site and operational-
    specific plan. Instead the GDOT argued that the contract plans should 
    include any extremely sensitive areas such as lakes, wetlands, and 
    streams and sufficient quantities of erosion control devices should be 
    provided as a bid item to mitigate possible erosion and sedimentation 
    effects. According to the GDOT this would allow the contractor and the 
    project engineer the flexibility to customize the erosion control 
    measures employed to the contractor's approach to the work.
        While the FHWA agrees erosion and sediment control plans should be 
    flexible, both contractors and contracting agencies should be fully 
    aware of the possible environmental effects of their projects. 
    Therefore, all potential environmental impacts associated with erosion 
    and sedimentation, not just those affecting sensitive areas, and the 
    measures and practices required to mitigate these impacts, should be 
    included in the plans, specifications, and special provisions. As 
    previously mentioned, the effectiveness of many erosion and sediment 
    control measures is dependent upon proper design and installation.
        The FHWA believes it is inappropriate to delegate responsibility 
    for the planning and design of erosion and sediment control measures to 
    the contractor or the project engineer, who may or may not have 
    sufficient design expertise in this area. However, erosion and sediment 
    control plans should be flexible enough to properly fulfill their 
    intended purpose. Accordingly, each erosion and sediment control plan 
    should be periodically evaluated to insure that all necessary controls 
    are being implemented correctly and that unnecessary or improperly 
    installed controls are eliminated or revised. Additions, deletions, or 
    revisions to the erosion and sediment control plan should be reviewed 
    by a person competent in erosion and sediment control design.
        The GDOT and the Michigan Department of Transportation had minor 
    technical comments on specific design details contained in the AASHTO 
    publication. While the FHWA may agree with some of these design-related 
    comments, the agency emphasizes that the AASHTO publication is intended 
    to provide guidance on the development and implementation of erosion 
    and sediment control measures and practices. The design details that 
    are included are provided as a basis for the development of more 
    detailed project-specific designs. Each State should apply the AASHTO 
    guidelines or its own guidelines, if those guidelines are more 
    stringent, to develop standards and practices for the control of 
    erosion and sedimentation on Federal-aid construction projects. 
    Although the AASHTO guidelines can be used for the development of a 
    statewide implementation program for controlling erosion and 
    sedimentation, each project must be analyzed separately to assure that 
    the most appropriate and effective erosion and sediment control 
    measures and practices are designed, implemented, and maintained.
    
    Revisions to Part 650
    
        A comment concerning the revisions to Part 650 was made by the 
    EPA's Office of Wetlands, Oceans and Watersheds. Although the EPA 
    supported the regulatory changes proposed in the NPRM, it had two 
    specific comments. Both concerned the requirement of the ISTEA that 
    FHWA erosion control guidelines be consistent with nonpoint source 
    management programs under section 319 of the FWPCA and coastal nonpoint 
    pollution control guidance issued by the EPA in January 1993, under 
    section 6217(g) of the Coastal Zone Act of 1990.
    
    Request to Add a New Paragraph
    
        The EPA proposed that the FHWA add a specific paragraph to 23 CFR 
    Part 650 that would quote a management measure contained in the section 
    6217(g) management measure guidance document (see footnote #1). The 
    management measure at issue is in Chapter 4.II.A., ``New Development 
    Management Measure,'' and concerns reducing the amount of total 
    suspended solids (TSS) leaving the site after construction has been 
    completed and the site is permanently stabilized. It allows for two 
    options to accomplish this goal. Under the first option, after 
    construction, the average amount of TSS (including sediment) leaving 
    the project site would be reduced by 80 percent. The second option 
    would limit the post-development discharge of suspended solids to an 
    amount equal to or less than pre-development conditions.
        Guidance under section 6217(g) specifies management measures for a 
    wide range of pollutant sources. These include agricultural, forestry, 
    urban area, and marina and recreational boating sources. The management 
    measure cited by the EPA is found under Chapter 4: ``Management 
    Measures for Urban Areas,'' and specifically under Section II, ``Urban 
    Runoff.'' It is intended to be applied by States in areas within the 
    designated coastal zone, under the authority of the Coastal Zone 
    Management Act of 1972 (Pub. L. 92-583, 86 Stat. 1280, as amended), to 
    control urban runoff and treat associated pollutants from new 
    development, redevelopment, and new and relocated roads, highways, and 
    bridges.
        This management measure deals with the post construction control of 
    erosion and sedimentation. It applies to the reduction of TSS after the 
    project has been fully stabilized. However, during several meetings 
    between the EPA and the FHWA, the EPA emphasized that this reduction 
    can be accomplished through design or by performance. In other words, 
    projects should be designed, using the best available technology, with 
    the intent of reducing or limiting TSS by the specified amount. The 
    intent was not to require the actual measurement of the TSS leaving the 
    project site either before or after construction but to establish 
    guidance relative to project design standards.
        The section 6217(g) guidance does not apply to storm water 
    discharges covered by the NPDES storm water permit program. This 
    includes all highway construction projects disturbing five or more 
    acres of land. In addition, the section 6217(g) guidance does not apply 
    to States without coastal zone management programs approved by the 
    United States Department of Commerce.
        The ability to limit or reduce the amount of TSS leaving a specific 
    site will depend on the type of best management practice (BMP) 
    selected. Each BMP has its own strengths and weaknesses, and no one BMP 
    will be applicable to every situation. The effectiveness of the 
    selected BMP can also be highly variable. For example, wet ponds, which 
    are one of the most reliable and attractive BMPs that exist, have a 
    reported sediment removal rate of between 50 to 90 percent.2 
    Extended detention ponds, or dry ponds, on the other hand, have a 
    sediment removal efficiency of only 30 to 70 percent. Both of these 
    BMPs may need to be supplemented by other controls to conform with the 
    6217(g) guidance.
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        \2\``A Current Assessment of Urban Best Management Practices, 
    Techniques for Reducing Non-Point Source Pollution in the Coastal 
    Zone,'' Metropolitan Washington Council of Governments, 1993.
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        Key design factors in determining the effectiveness of particular 
    BMPs include size, configuration, retention time and long term 
    maintenance. The effectiveness of a particular BMP is influenced by a 
    variety of locational factors as well. For example, problems will be 
    encountered if wet ponds are located in areas experiencing long periods 
    of dry weather and/or high evaporation rates, or long periods of cold 
    weather when the pond is frozen. In any case, many aspects related to 
    BMP performance are not well understood and all BMP options will 
    require careful site assessment prior to design.
        The provisions of 23 CFR part 650, subpart B, deal with erosion and 
    sediment control for all federally funded construction projects 
    nationwide. Their objectives are to control erosion and sedimentation 
    during the construction of highway projects and to assure that highway 
    projects are located, designed, and operated to minimize erosion and 
    sediment damage. The AASHTO guidelines that are being proposed for 
    adoption as guidance include three objectives for erosion and sediment 
    control. These objectives are:
        1. Limit off-site effects to acceptable levels,
        2. Facilitate project construction and minimize overall cost, and
        3. Comply with Federal, State, and local regulations.
        As stated in the first objective, an intent of these guidelines is 
    not to establish specific design standards but to limit off-site 
    effects to acceptable levels. The determination of what constitutes an 
    undesirable effect is not specified. The intent is to assess possible 
    adverse off-site effects and to implement BMPs as appropriate to 
    minimize these effects.
        The FHWA agrees with the EPA that a goal of any highway 
    construction project would be to limit the amount of erosion and 
    resulting sedimentation attributable to that project. The FHWA also 
    recognizes that within the coastal zone there may be water bodies that 
    are extremely sensitive to the deposition of sedimentation. However, 
    the FHWA believes that it is inappropriate to set specific design 
    standards for all projects nationwide. The FHWA is amending 23 CFR part 
    650 to add Sec. 650.211 which provides that projects located within 
    coastal zone management areas, as specified by States with coastal zone 
    management programs approved by the United States Department of 
    Commerce, National Oceanic and Atmospheric Administration, utilize 
    ``Guidance Specifying Management Measures for Sources of Nonpoint 
    Source Pollution in Coastal Waters.''
    
    Request to Incorporate Additional Guidance
    
        The EPA also requested that the FHWA add a new paragraph to Part 
    650 that incorporates, by reference, certain portions of the section 
    6217(g) guidance. These other management measures, found under Chapter 
    4.VIII, ``Roads, Highways, and Bridges,'' would include management 
    measures in the areas of planning, siting, and developing roads and 
    highways; bridges; construction projects; construction site chemical 
    control; operation and maintenance; and road, highway and bridge runoff 
    systems.
        Section 1057 of the ISTEA requires that the guidelines that are 
    developed be consistent with the section 6217(g) guidance. The AASHTO 
    guidelines that the FHWA is now adopting deal primarily with erosion 
    and sediment control during construction. However, the guidelines also 
    state that, ``While much of the effort for control of erosion and 
    sedimentation is expended during the construction phase of highway 
    development, a successful program must address erosion and sediment 
    control during the planning, location, design, and future maintenance 
    phases as well.'' The AASHTO guidelines provide comprehensive guidance 
    concerning the establishment of criteria and controls for erosion and 
    sedimentation. These guidelines provide detailed information that 
    addresses and is consistent with the pertinent sections of the section 
    6217(g) guidance.
        However, as previously stated, the FHWA is amending 23 CFR Part 650 
    to add Sec. 650.211 which provides that highway construction projects 
    covered under the provisions of the section 6217(g) guidance should 
    utilize ``Guidance Specifying Management Measures for Sources of 
    Nonpoint Source Pollution in Coastal Waters.''
    
    Additional Revisions
    
        The language of Sec. 650.209(c), dealing with monitoring erosion 
    and sediment control measures and practices, has been revised from that 
    proposed in the NPRM. As set forth in the NPRM, this section implied 
    that if a problem in the effectiveness of the erosion and sediment 
    control measure is indicated, revision of that measure would be 
    required. The intent of this section is to ensure that erosion and 
    sediment control measures are periodically reviewed to assure their 
    effectiveness. This would include maintenance of the existing measures 
    as well as revising those measures that are found to be less than fully 
    effective. The language of Sec. 650.209(c) has been revised to clarify 
    this issue.
    
    Rulemaking Analyses and Notices
    
    Administrative Procedure Act
    
        This final rule is made effective upon publication. The FHWA 
    believes that this final rule is exempt from the 30-day delayed 
    effective date requirement of 5 U.S.C. Sec. 553(d) for the following 
    reason. The FHWA finds that good cause exists to dispense with the 30-
    day delay because an earlier version of the AASHTO erosion and sediment 
    control publication adopted by this action has already been adopted, as 
    guidance ``to provide valuable information in attaining good design'' 
    in highway construction projects. See 23 CFR 625.5. This final rule 
    simply amends title 23, Code of Federal Regulations, to reference the 
    updated AASHTO guidelines on this subject and it includes this 
    reference under 23 CFR part 650, which specifically addresses erosion 
    and sediment control on highway construction projects. Therefore, this 
    final rule imposes no new requirements or mandates on State highway 
    agencies. Instead, it simply cites the revised AASHTO guidelines with 
    the aim of assisting States in assuring that highway projects are 
    located, designed, and operated to minimize erosion and sediment 
    damage.
    
    Executive Order 12866 (Regulatory Planning and Review) and DOT 
    Regulatory Policies and Procedures
    
        The FHWA has determined that this action is not a significant 
    regulatory action within the meaning of Executive Order 12866 or 
    significant within the meaning of Department of Transportation 
    regulatory policies and procedures. The FHWA (at 23 CFR 650, Subpart B) 
    and other Federal agencies currently have regulations regarding erosion 
    and sediment control. Adopting the AASHTO guidelines would merely 
    update and reinforce existing policy. Therefore, it is anticipated that 
    the economic impact of this rulemaking will be minimal and a full 
    regulatory evaluation is not required.
    
    Regulatory Flexibility Act
    
        In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
    612), the FHWA has evaluated the effects of this rule on small 
    entities. The FHWA concluded that it and other Federal agencies 
    currently have regulations dealing with erosion and sediment control, 
    and adopting the 1992 AASHTO guidelines would merely reinforce existing 
    policy. Therefore, the FHWA hereby certifies that this rulemaking will 
    not have a significant economic impact on a substantial number of small 
    entities.
    
    Executive Order 12612 (Federalism Assessment)
    
        This action has been analyzed in accordance with the principles and 
    criteria contained in Executive Order 12612, and it has been determined 
    that this action would not have sufficient federalism implications to 
    warrant the preparation of a federalism assessment.
    
    Executive Order 12372 (Intergovernmental Review)
    
        Catalog of Federal Domestic Assistance Program Number 20.205, 
    Highway Planning and Construction. The regulations implementing 
    Executive Order 12372 regarding intergovernmental consultation on 
    Federal programs and activities apply to this program.
    
    Paperwork Reduction Act
    
        This action does not contain a collection of information 
    requirement for purposes of the Paperwork Reduction Act of 1980, 44 
    U.S.C. 3501-3520.
    
    National Environmental Policy Act
    
        This rulemaking will provide guidance to State Highway Agencies 
    when implementing or developing erosion and sediment control 
    guidelines. This will aid in the control and prevention of nonpoint 
    source pollutants. It does not constitute a major action having a 
    significant effect on the environment, and therefore does not require 
    the preparation of an environmental impact statement pursuant to the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    
    Regulation Identification Number
    
        A regulation identification number (RIN) is assigned to each 
    regulatory action listed in the Unified Agenda of Federal Regulations. 
    The Regulatory Information Service Center publishes the Unified Agenda 
    in April and October of each year. The RIN contained in the heading of 
    this document can be used to cross reference this action with the 
    Unified Agenda.
    
    List of Subjects in 23 CFR Part 650
    
        Grant programs--transportation, Highways and roads, Soil 
    conservation.
    
        In consideration of the foregoing, the FHWA is amending title 23, 
    Code of Federal Regulations, part 650, subpart B as set forth below.
    
        Issued on: July 18, 1994.
    Rodney E. Slater,
    Federal Highway Administrator.
    
    PART 650--BRIDGES, STRUCTURES, AND HYDRAULICS [AMENDED]
    
        1. The authority for part 650 is revised to read as follows:
    
        Authority: 23 U.S.C. 109 (a) and (h), 144, 151, 315, and 319; 23 
    CFR 1.32; 49 CFR 1.48(b), E.O. 11988 (3 CFR, 1977 Comp., p. 117); 
    Department of Transportation Order 5650.2 dated April 23, 1979 (44 
    FR 24678); Sec. 161 of Public Law 97-424, 96 Stat. 2097, 3135; 
    Sec. 4(b) of Public Law 97-134, 95 Stat. 1699; 33 U.S.C. 401, 491 et 
    seq., 511 et seq.; and Sec. 1057 of Public Law 102-240, 105 Stat. 
    2002.
    
    Subpart B--Erosion and Sediment Control on Highway Construction 
    Projects
    
        2. Part 650 is amended by revising Secs. 650.201, 650.203, 650.205 
    and 650.209 and by adding Sec. 650.211 to read as follows:
    
    
    Sec. 650.201  Purpose.
    
        The purpose of this subpart is to prescribe policies and procedures 
    for the control of erosion, abatement of water pollution, and 
    prevention of damage by sediment deposition from all construction 
    projects funded under title 23, United States Code.
    
    
    Sec. 650.203  Policy.
    
        It is the policy of the Federal Highway Administration (FHWA) that 
    all highways funded in whole or in part under title 23, United States 
    Code, shall be located, designed, constructed and operated according to 
    standards that will minimize erosion and sediment damage to the highway 
    and adjacent properties and abate pollution of surface and ground water 
    resources. Guidance for the development of standards used to minimize 
    erosion and sediment damage is referenced in Sec. 650.211 of this part.
    
    
    Sec. 650.205  Definitions.
    
        Erosion control measures and practices are actions that are taken 
    to inhibit the dislodging and transporting of soil particles by water 
    or wind, including actions that limit the area of exposed soil and 
    minimize the time the soil is exposed.
        Permanent erosion and sediment control measures and practices are 
    installations and design features of a construction project which 
    remain in place and in service after completion of the project.
        Pollutants are substances, including sediment, which cause 
    deterioration of water quality when added to surface or ground waters 
    in sufficient quantity.
        Sediment control measures and practices are actions taken to 
    control the deposition of sediments resulting from surface runoff.
        Temporary erosion and sediment control measures and practices are 
    actions taken on an interim basis during construction to minimize the 
    disturbance, transportation, and unwanted deposition of sediment.
    * * * * *
    
    
    Sec. 650.209  Construction.
    
        (a) Permanent erosion and sediment control measures and practices 
    shall be established and implemented at the earliest practicable time 
    consistent with good construction and management practices.
        (b) Implementation of temporary erosion and sediment control 
    measures and practices shall be coordinated with permanent measures to 
    assure economical, effective, and continuous control throughout 
    construction.
        (c) Erosion and sediment control measures and practices shall be 
    monitored and maintained or revised to insure that they are fulfilling 
    their intended function during the construction of the project.
        (d) Federal-aid funds shall not be used in erosion and sediment 
    control actions made necessary because of contractor oversight, 
    carelessness, or failure to implement sufficient control measures.
        (e) Pollutants used during highway construction or operation and 
    material from sediment traps shall not be stockpiled or disposed of in 
    a manner which makes them susceptible to being washed into any 
    watercourse by runoff or high water. No pollutants shall be deposited 
    or disposed of in watercourses.
    
    
    Sec. 650.211  Guidelines.
    
        (a) The FHWA adopts the AASHTO Highway Drainage Guidelines, Volume 
    III, ``Erosion and Sediment Control in Highway Construction,'' 1992,\1\ 
    as guidelines to be followed on all construction projects funded under 
    title 23, United States Code. These guidelines are not intended to 
    preempt any requirements made by or under State law if such 
    requirements are more stringent.
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        \1\This document is available for inspection from the FHWA 
    headquarters and field offices as prescribed by 49 CFR part 7, 
    appendix D. It may be purchased from the American Association of 
    State Highway and Transportation Officials offices at Suite 225, 444 
    North Capitol Street, NW., Washington, DC 20001.
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        (b) Each State highway agency should apply the guidelines 
    referenced in paragraph (a) of this section or apply its own 
    guidelines, if these guidelines are more stringent, to develop 
    standards and practices for the control of erosion and sediment on 
    Federal-aid construction projects. These specific standards and 
    practices may reference available resources, such as the procedures 
    presented in the AASHTO ``Model Drainage Manual,'' 1991.\2\
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        \2\This document is available for inspection from the FHWA 
    headquarters and field offices as prescribed by 49 CFR part 7, 
    appendix D. It may be purchased from the American Association of 
    State Highway and Transportation Officials offices at Suite 225, 444 
    North Capitol Street, NW., Washington, DC 20001.
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        (c) Consistent with the requirements of section 6217(g) of the 
    Coastal Zone Act Reauthorization Amendments of 1990 (Pub. L. 101-508, 
    104 Stat. 1388-299), highway construction projects funded under title 
    23, United States Code, and located in the coastal zone management 
    areas of States with coastal zone management programs approved by the 
    United States Department of Commerce, National Oceanic and Atmospheric 
    Administration, should utilize ``Guidance Specifying Management 
    Measures for Sources of Nonpoint Source Pollution in Coastal Waters,'' 
    84-B-92-002, U.S. EPA, January 1993.\3\ State highway agencies should 
    refer to this Environmental Protection Agency guidance document for the 
    design of projects within coastal zone management areas.
    
        \3\This document is available for inspection and copying as 
    prescribed by 49 CFR part 7, appendix D.
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    [FR Doc. 94-18124 Filed 7-25-94; 8:45 am]
    BILLING CODE 4910-22-P
    
    
    

Document Information

Published:
07/26/1994
Department:
Federal Highway Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-18124
Dates:
July 26, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 26, 1994, FHWA Docket No. 93-6
RINs:
2125-AD08
CFR: (7)
23 CFR 4(b)
23 CFR 650.201
23 CFR 650.203
23 CFR 650.205
23 CFR 650.209
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