Editorial

by Jake Fisher, Roy-Fisher Associates

Weinstein, Neil & Kloss, Christopher. The Implications of Section 438 for the Green Technology. Stormwater, March/April, pg 8.

In a recent editorial in Stormwater, experts Neil Weinstein and Christopher Kloss discussed the likely impact of Section 438 of the Energy Independence and Security Act. Weinstein and Kloss declare Section 438 requires federal facilities to meet predevelopment hydrology for new building construction over 5,000 square feet using planning and nonstructural and structural best management practices (BMPs) to the maximum extent technically feasible. The underlying goal is to protect and restore watersheds using technologies that make sense for the site and the targeted management goal thereby promoting the use and development of the most efficient technologies. Currently being produced (via an EPA Subcontract) is a guidance document which will create the framework for innovation and research needed to develop this high-performance approach.

Furthermore Weinstein and Kloss maintain Section 438’s representation of an “important next step toward improving the health of the nation’s waters and signifies Congress’ recognition of the work of the EPA and its partners advocating for greener stormwater controls.” Section 438 will bring increased green infrastructure at federal facilities. For example, vegetation will be used to intercept rainfall and evapotranspirate moisture back into the atmosphere, undisturbed or enhanced soils will allow natural infiltration, and water harvesting systems will collect and reuse rainfall on site. Green infrastructure, effective at reducing the volume, peak flow, and pollutant load of stormwater will be used to reduce the burden on existing infrastructure and to protect receiving streams. The new law allows the federal government to become the earliest innovators within the realm of sustainable infrastructure which can be used to provide numerous positive outcomes for the environment (and in so doing develop the federal government’s “economic and environmental sustainability”.

Weinstein and Kloss additionally assert the interconnectivity of water and energy stating “the transport, use, and disposal of water are energy intensive” and “integrated water management that recognizes the resource value of water will lead to improved energy efficiencies and conservation”.

“The federal government is the largest landholder in the US; the passage of the EISA, coupled with a renewed commitment to infrastructure investment, presents a unique opportunity to establish an improved infrastructure network”.