MMA testifies in support of NPDES delegation bill

On May 17, the MMA testified in strong support of legislation that would begin the process for the state to obtain delegated authority over the National Pollutants Discharge Elimination System (NPDES) program, the federal program that regulates water quality.
 
The program is currently administered by the U.S. Environmental Protection Agency.
 
At a hearing before the Joint Committee on Environment, Natural Resources and Agriculture, MMA Executive Director Geoff Beckwith, Gardner Mayor Mark Hawke and Charlton Town Administrator Robin Craver expressed support for the Department of Environmental Protection’s efforts to obtain delegation. The panel discussed the strong relationship between the DEP and cities and towns, and how delegation could provide flexibility for cities and towns and more opportunities for integrated water management.
 
Marlborough Mayor Arthur Vigeant, Franklin Public Works Director Robert “Brutus” Cantoreggi and Medway Public Services Director Tom Holder also testified in support of the bill, highlighting their positive experiences in working with the DEP and the technical assistance that the department provides to cities and towns.
 
The legislation, filed by Gov. Charlie Baker on April 29, would make 16 technical changes to state law in order to be consistent with the federal Clean Water Act. In addition, the legislation would explicitly authorize the DEP to apply to the EPA for delegated authority.
 
Energy and Environmental Affairs Secretary Matthew Beaton and DEP Commissioner Martin Suuberg testified before the committee on the legislation. Beaton said delegation would give the DEP a more hands-on role in ensuring high water quality in the Commonwealth.
 
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. This would be an annual appropriation to support 40 additional full-time staff.
 
The MMA has participated in the discussion on NPDES delegation over the past few months, through work with the DEP’s NPDES Advisory Committee and in conversations with the administration. The MMA’s Policy Committee on Energy and the Environment voted to support delegation, a position that was then endorsed by the MMA Board of Directors.
 
The NPDES program includes permits, compliance, inspection and enforcement activities for facilities that discharge effluent into surface waters (such as municipal wastewater treatment plants), as well as stormwater managed by more than 250 cities and towns.
 
The municipal separate storm sewer systems (MS4) permit, recently issued by the EPA, falls under the NPDES program. The DEP co-issued the new five-year MS4 permit with the EPA, but does not have delegated authority. If Massachusetts becomes a delegated state, the DEP would administer future MS4 permits.
 
Forty-six other states have obtained delegated authority over the NPDES program.