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Maryland’s Pressing Stormwater Infrastructure Needs

The water crisis in Flint, Michigan, is a tragic reminder of the hidden costs of our nation’s failing infrastructure.  Whether through benign neglect or deliberate “starve the beast” cost-cutting measures, we are continually seeing the costly and sometimes terrible consequences of failing to meet our infrastructure financing needs.  The American Society of Civil Engineers gave the state of U.S. infrastructure a D+ grade in its most recent 2013 Report Card, which included a D for both drinking water and wastewater infrastructure.  According to the organization, fixing the nation’s infrastructure will require $3.6 trillion through 2020.

This past week, EPA added its voice to this discussion over infrastructure finance with the release of its quadrennial Clean Watershed Needs Survey.  Every four years EPA submits this report to Congress, as required by the Clean Water Act, detailing the total capital wastewater and stormwater treatment and collection needs of the nation. In compiling the data for the survey, EPA works with the states to report their unmet needs for various categories of wastewater and stormwater infrastructure.  But it’s important for readers of the survey to understand that because the report relies on self-reporting and includes only unmet needs, the state-by-state or year-over-year comparisons inevitably prove unreliable and unhelpful. 

It’s also worth noting that the survey is almost as revealing for the data that are not available as it is for the information actually in the report.  For example, one state (South Carolina) neglected to participate in the survey altogether and 15 states failed to report any information about their stormwater infrastructure needs (the District of Columbia, Pennsylvania, and Virginia each failed to report costs associated with the low impact development and green infrastructure category of stormwater needs).

Within the Chesapeake Bay watershed, one state and infrastructure category stands out.  Maryland ranks second in the nation, behind only much larger California, for estimated total stormwater management needs, and ranks first by a large margin among all states in the nation for reported “green infrastructure” needs (with Maryland reporting nearly half of all such needs nationwide). Green infrastructure includes things such as rain gardens, permeable pavers, bioswales, and other similar practices designed not just to channel water and prevent flooding, but to restore water quality in adjacent streams and waterbodies by making the urban environment less impervious to rainwater.

Of course, it is worth reiterating that the survey’s reported green infrastructure needs for Maryland cannot be interpreted to mean that the state’s stormwater infrastructure is in more dire shape than any other state.  Under that logic, more than half of the states have no green infrastructure needs at all.  Rather, the relatively huge reported needs of Maryland really underscores that few states have given the attention that Maryland has to the importance of green infrastructure and the other advanced stormwater best management practices needed to restore urban waters.  According to the survey, and as reflected in this map, Maryland officials projected (as of 2012) that the additional five-year statewide cost to fully fund green infrastructure is just under $1.4 billion (two counties were not included in this estimate).

Maryland’s state and local engineers and other officials deserve credit for going through the very important but time-consuming exercise of trying to estimate the cost to comply with Maryland’s municipal stormwater permits and to restore the Chesapeake Bay and all local imparied waterways located within the state’s urban areas.  Unfortunately, Maryland’s politicians deserve some blame, both for dragging their heels and in some cases rolling back the funding sources and legal requirements to support green infrastructure. The absurd and counterproductive targeting of Maryland’s stormwater fees in the last gubernatorial election, followed by the passage of a bill last year to repeal the stormwater fee mandate of the largest counties, has taken a number of Maryland counties backward.  Instead of meeting their obligations under the Chesapeake Bay Total Maximum Daily Load (Bay TMDL) and the conditions in their municipal stormwater (“MS4”) permits, the counties that have eliminated (or are in the process of eliminating) stormwater fees risk running afoul of federal law and jeopardizing public health and local water quality.  These counties (enabled by a quiescent department of the environment) are also missing out on the opportunity to lead the nation in installing green infrastucture, which is increasingly being shown as an extraordinarily effective driver of economic, environmental, and community benefits. 

This week’s release of the Clean Watersheds Needs Survey by EPA highlights the enormous unmet needs for green infrastructure, stormwater management generally, and other water quality infrastructure in the United States.  If our politicians fail to heed these warnings and withhold the necessary resources to support water infrastructure they will continue to imperil the health of their constituents and the environment of their local communities.

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Evan Isaacson | January 13, 2016

Maryland’s Pressing Stormwater Infrastructure Needs

The water crisis in Flint, Michigan, is a tragic reminder of the hidden costs of our nation’s failing infrastructure.  Whether through benign neglect or deliberate “starve the beast” cost-cutting measures, we are continually seeing the costly and sometimes terrible consequences of failing to meet our infrastructure financing needs.  The American Society of Civil Engineers gave […]

Thomas McGarity | January 13, 2016

President Obama’s Progressive Vision for the Future

President Obama devoted his final state-of-the-union speech to highlighting his administration’s considerable accomplishments, and, more importantly, to articulating a surprisingly robust progressive vision for the future. And that vision properly included a large role for federal regulation.  Noting that “reckless Wall Street,” not food stamp recipients, caused the financial meltdown of 2008-09, the President predicted, […]

| January 12, 2016

Delmarva CAFO Expansion Continues Despite Calls for a Moratorium

Last September, the Environmental Integrity Project put a spotlight on the dramatic increase in the number of industrial scale poultry houses being established on the Delmarva Peninsula.  In its report, More Phosphorus, Less Monitoring, the organization found that more than 200 new chicken houses had been permitted on the peninsula since November 2014, including 67 […]

Daniel Farber | January 4, 2016

Key Environmental Developments Ahead in 2016

Here are seven of the most important developments affecting the environment. 2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for.  The Presidential Election. The election will have huge consequences for the environment. A Republican […]

Katie Tracy | December 22, 2015

Feds Resolve to Expand Criminal Prosecutions of Workplace Safety Violations in the New Year

As the year draws to a close and the New Year approaches, people all around the world will be contemplating what they can resolve to do better in 2016. This year, the U.S. Department of Labor (DOL) and U.S. Department of Justice (DOJ) seem to be celebrating the tradition as well. In a move akin […]

Matt Shudtz | December 21, 2015

CPR’s Shudtz on the Silica Rule

This afternoon, the U.S. Department of Labor announced that it was sending its final version of a long-awaited rule on silica dust in the workplace to the White House Office of Information and Regulatory Affairs (OIRA) for final review. CPR Executive Director Matthew Shudtz responded to the news with the following statement: Workers across the United […]

Alice Kaswan | December 21, 2015

The Paris Agreement and Theories of Justice

As we seek to understand and assess the Paris Agreement over the coming months and years, we will continue to contemplate the critical underlying political and ethical question: who should be responsible?  And to what degree should that responsibility take the form of direct action versus providing support in the form of financing, technology transfer, […]

| December 18, 2015

Now is the Time to Restore MDE Enforcement Resources

A few months ago, I recounted the recent history of budget cuts to Maryland environmental agencies and their effect on the state of environmental inspections and enforcement in the state over the last two decades.  Fortunately, it appears that an opportunity to change this situation has presented itself to policymakers in Annapolis.  Recently, at the […]

James Goodwin | December 16, 2015

VapeMentors, the Fat Cat Vapor Shop, and Cosmic Fog Vapors All Walk Into an Obscure White House Office…

This week appears to mark the end of an extraordinary period in the history of the White House Office of Information and Regulatory Affairs (OIRA), the shadowy bureau charged with reviewing and revising pending agency rules, which too often ensures they are not overly inconvenient for affected industries.  For the last month and a half, […]