EPA releases draft MS4 permit, begins comment period

The U.S. Environmental Protection Agency today issued a draft National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from small municipal separate storm sewer systems (MS4) in Massachusetts.

On its website, the agency states that it has “substantially modified the previous two draft general permits, released on February 4, 2010, and March 18, 2010, and is issuing a new draft general permit for all eligible MS4s in Massachusetts.”

The federal Clean Water Act requires that the MS4 permit be re-evaluated every five years to ensure that it continues to protect the environment. The previous permit was issued in 2003.

Municipal storm sewer systems collect rain and snowmelt from streets and direct the flow to water bodies. The new MS4 permits would require communities to institute more advanced programs to reduce pollutants that are discharged from municipal storm drainage systems to rivers, lakes and bays.

The proposed permit includes “best management practices,” such as removing illegal sewage connections to storm drains, street sweeping, public education, and steps to expand the filtration of stormwater rather than diverting it into sewer systems.

The MMA and municipal officials have raised concerns about the cost of the new regulations at a time when municipal budgets are very tight.

In written testimony to the EPA, the MMA urged the agency “to amend [its] approach to incorporate goals that are more realistically attainable within the financial constraints of the current economic climate, or wait until adequate federal funding is available to ensure that these requirements do not translate into a harmful unfunded mandate on cities, towns and taxpayers.”

The MMA is currently reviewing the new draft permit. The previously released draft Small MS4 General Permit included the same six minimum control measures as the 2003 MS4 General Permit, plus provisions to protect water quality.

The previous draft permits issued in 2010 included the following requirements:
• Enhanced illicit discharge detection and elimination to identify, isolate and remove sanitary and other wastes from storm water systems
• Water quality monitoring of stormwater discharges
• Encouragement of low-impact development and green infrastructure techniques
• Implementation of approved total maximum daily load waste load allocations

The EPA will hold a public hearing on Nov. 19 at 1 p.m. in the Community Room at the Leominster Public Library at 30 West St. In case of cancelation due to inclement weather or other emergency, the hearing will be held on Dec. 3 at the same location.

Comments must be received by Dec. 29.

For more information or to submit written comments, visit http://www.epa.gov/region1/npdes/stormwater/MS4_MA.html.