Administration pursues authority over NPDES program

Gov. Charlie Baker filed legislation today that would begin the process for the Department of Environmental Protection to obtain delegated authority over the National Pollutants Discharge Elimination System (NPDES) program.
 
The legislation would make technical changes to state law in order to be consistent with the federal Clean Water Act, a necessity before the state could formally apply to the U.S. Environmental Protection Agency for delegated authority.
 
In addition to filing legislation, the administration announced that it plans to seek an appropriation to fund the program, which the DEP estimates will cost $4.7 million annually. The cost will cover staffing and cooperative arrangements and contracts with other organizations for monitoring.
 
The cost estimate has dropped significantly as the DEP has further examined delegation and discussed the associated costs with other states that have obtained authority. The DEP had discussed the possibility of funding the program through an assessment on ratepayers, but the administration has instead decided to seek appropriation through a line item in the state budget.
 
Following a recommendation from the MMA’s Policy Committee on Energy and the Environment, the MMA Board of Directors voted unanimously on April 12 to support delegating authority over the NPDES program to the DEP. At the April meeting of the Local Government Advisory Commission, Charlton Town Administrator Robin Craver, chair of the MMA policy committee, discussed some of the advantages that could be realized with the DEP obtaining authority.
 
For several months, the administration has been examining the possibility of taking authority over the federal NPDES program, which includes administration, permitting, compliance, inspection and enforcement activities for facilities that discharge into surface waters.
 
The MMA participated with other stakeholders in an advisory group formed by the DEP to study NPDES delegation. The group met three times over the past few months to discuss implementation, staffing, cost and funding implications.
 
Forty-six states have obtained authorization to run their own NPDES programs, and Idaho is in the process, but Massachusetts has never formally sought delegation.
 
The decision is particularly timely with the release of the new municipal separate storm sewer systems (MS4) permit from the EPA, which is expected to increase costs and stormwater requirements for municipalities. The DEP expressed concerns similar to the MMA’s regarding the cost to communities for compliance with the new rules.
 
The DEP co-issued the new MS4 permit with the EPA, but does not have delegated authority. If Massachusetts becomes a delegated state, the DEP would administer future MS4 permits.
 
In a letter to the MMA’s policy committee in March, DEP Deputy Commissioner Beth Card indicated some of the advantages that the DEP would realize under delegation. These include:
 
• Permitting using sound science
 
• Integrated water management
 
• A strong track record of administering federal programs
 
• Timely issuance of permits and fewer appeals and legal challenges