Rules Begin Addressing Not Just Emissions but Heat and Flooding
Author
David P. Clarke - Writer & Editor
Writer & Editor
Current Issue
Issue
6
David P. Clarke

While President Joe Biden’s Inflation Reduction Act aims at limiting greenhouse gas emissions through billions in clean technology investments, less salient but nonetheless far-reaching policies are now emerging to limit not emissions but damages already occurring from extreme heat and flooding traceable to climate change.

On August 30, the Occupational Safety and Health Administration announced that it was proposing first-ever regulations to protect an estimated 36 million workers from heat injury and illness in both outdoor and indoor employment settings. Its proposal comes after the agency first broached heat regulations in 2021.

OSHA’s notice describes heat as “the leading cause of death” in the United States “among all weather-related phenomena.” An average of 40 deaths a year occurred from heat exposure, along with an estimated average of 3,890 annual work-related heat injuries and illnesses, according to Bureau of Labor Statistics data OSHA cites—adding that the numbers are “likely vast underestimates.”

Under the rule, any covered employer would be required to develop a “Heat Injury and Illness Prevention Plan” that would establish safety measures to follow when regular temperature monitoring reveals work-area heat thresholds have been surpassed.

Comments are due December 30, but among comments already submitted, the 50,000-member Utility Workers Union of America said it strongly supports OSHA’s proposed rule. The industry is “already experiencing the impacts of climate change,” with more frequent and severe heat events, the union noted, and urged OSHA to maintain standards that account for increasing climate risks “as environmental conditions evolve.”

More than 100 Democratic members of Congress also support the rule. In a July letter to OSHA, the lawmakers called for “the fastest possible implementation” of the rule. On average, OSHA health and safety rules take seven years to complete. A few days later, California Representative Judy Chu and other Democrats reintroduced a House bill directing OSHA to promulgate worker heat protections.

But large agriculture and business groups are fighting both state and federal heat standards, arguing against their feasibility and citing such rules’ complexity. In 2023, Texas governor Greg Abbott signed a law eliminating local ordinances mandating water breaks for workers, although government data show Texas is where the most workers have died from high temperatures.

Workers are not alone in feeling heat’s impacts. In September, the New York Times reported on engineering experts’ concerns that extreme heat, together with flooding, poses a growing threat to U.S. bridges. With extreme heat, bridges can fall apart, a vulnerability that Department of Transportation secretary Pete Buttigieg said is appearing “everywhere across the country.”

As flooding worsens under changing climate, the Federal Emergency Management Agency in July published a rule implementing a federal flood risk management standard, or FFRMS, first proposed in 2015. It will require all public infrastructure rebuilt using FEMA money after a flooding disaster—such as bridges, public housing, hospitals, fire stations, and highways—to be elevated at least two feet above the local flood level. FEMA Administrator Deanne Criswell, commenting that flooding is the top threat the agency responds to, told reporters the new rule is “a really big deal and historic for us,” saving lives and taxpayer dollars.

Natural Resources Defense Council senior attorney for environmental health Joel Scata notes that, besides FEMA, the departments of Housing and Urban Development and Health and Human Services have all adopted the FFRMS. So, the standard applies to any infrastructure built by these agencies, which would include new assets, not just rebuilding flood-damaged ones. However, FEMA’s expenditures are mostly “post-disaster,” Scata says. Since the 1990s, it has spent more than $103.5 billion repairing public infrastructure damaged by floods and flood-related events, like hurricanes and severe storms, compared with only about $18 billion on pre-flood projects.

Moreover, federal agencies that are big infrastructure funders, like DOT and the Energy Department, haven’t issued rules or guidance concerning the FFRMS, Scata says. Under the new infrastructure act and the IRA, federal agencies are now investing hundreds of billions of dollars to construct major public works, including DOT’s nearly $150 billion just for the National Highway Performance Program to construct new facilities. If these agencies don’t apply the FFRMS, new infrastructure will be at potential risk of flooding or extreme heat.

With weather-related disasters costing the United States about $150 billion a year, on average, surely new rules for climate impacts are overdue.

Rules Begin Addressing Not Just Emissions but Heat and Flooding

Reports: Cities Need to Plan Now for Flooding From Sea-Level Rise
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
Issue
1
Linda K. Breggin

In the aftermath of perhaps the worst flood in U.S. history, there has been ample debate about whether climate change caused or intensified Hurricane Harvey, which inundated Houston last summer. What appears certain, however, is that flooding of American cities will be increasingly commonplace, due to gradual sea-level rise caused by climate change.

A month before Hurricane Harvey hit Texas, the Union of Concerned Scientists published “When Rising Seas Hit Home,” which examines the timeline for and number of communities that are likely to be “chronically inundated” due to sealevel rise. Chronic inundation occurs when 10 percent or more of a community’s land (excluding wetlands and land protected by federal levees) is flooded at least 26 times per year. In these towns, gradual sea-level rise takes a serious toll that eventually “makes normal routines impossible,” according to the report. For example, homes may be flooded, commutes to work hindered, and properties devalued.

The report examines three scenarios — low, intermediate and high sea-level rise. The scenarios are dependent in part on the degree of global emission reductions, but the report nevertheless recognizes that “for many hundreds of communities increased flooding is inevitable and adaptation is now essential.”

Under the “moderate” sea-level rise scenario, UCS predicts that by 2035, about 170 communities will experience chronic inundation — double the number today. Most of these are in Louisiana and Maryland, where land subsidence is increasing the rate of rise. Within 45 years, more than 270 coastal communities could be chronically inundated, including many that to date rarely, if ever, are subject to flooding. By the close of the century, close to 490 communities — and 40 percent of all East and Gulf Coast oceanfront communities — are predicted to be chronically inundated.

The numbers are even more jarring under the “high” scenario. The report estimates that by the close of the century the number of chronically inundated communities could jump to 670 and the percent of East and Gulf oceanfront communities to 60 percent. In addition, a growing number of West Coast communities and more than 50 heavily populated areas, such as Oakland, Miami, and four of New York’s five boroughs, could face chronic inundation.

Another recent study by Buchanan and others published in Environmental Research Letters similarly found that flood frequency will “amplify” as a result of sea-level rise and is anticipated to be “one of the most economically damaging impacts of climate change for many coastal locations.” The researchers predict by 2050 “a median 40-fold increase . . . in the expected annual number of local 100-year floods at tide-gauge locations” along the American coast. The study notes that some locations will have a higher frequency of “historically precedented” floods, while others may have increases in lower frequency, “historically unprecedented” types of floods.

Both studies emphasize the critical importance of planning for increased flooding. Buchanan explains that coastal communities can plan for resiliency if they understand how flood levels will change. The UCS report authors put the options for coastal cities and towns in stark terms: defend, accommodate, or retreat.

Specifically, UCS asserts that coastal communities “from Maine to Washington State will be forced to make difficult choices about whether and how much to invest in flooded areas versus when to retreat from them.” For example, efforts to “defend” include measures to reduce erosion and storm surge, such as building gray and green infrastructure projects (e.g., sea walls and wetlands), whereas “accommodation” entails managing flood waters through measures such as elevated infrastructure and using large-scale pumps. In particular, cities should plan now for infrastructure projects that can take years to plan and construct, let alone finance.

Sea-level rise also will have notable effects on non-coastal communities, as populations retreat from the coasts and relocate. A recent study by Hauer, et al., in Nature Climate Change estimates that 13.1 million Americans eventually will relocate due to sea-level rise and that Atlanta, Houston, and Phoenix are top destinations. These and other cities, particularly those already challenged by population growth, will need to plan for the migration. And it is ironic, of course, that Houston, which last year experienced the worst flood in American history, is one of those primary destinations.

Simply put, now is the time for coastal and interior cities to prepare for the inevitable floods of water and affected populations that will result from rising sea levels.

Reports: cities need to plan now for flooding from sea-level rise.

Hazard Mitigation Planning

Recently, increased emphasis has been placed on non-structural and nature-based hazard mitigation solutions, including the restoration of wetlands and floodplains, as cost-effective alternatives for flood hazard mitigation that also help achieve conservation goals like maintaining biodiversity. FEMA hazard mitigation grant programs could provide potential funding that could pay for the restoration and protection of critical natural infrastructure and improve outcomes and reduce costs from the next disaster.