BOSTON – The U.S. Environmental Protection Agency (EPA) has finalized targeted modifications to the 2016 Small Municipal Separate Storm Sewer System (MS4) general permit for 267 Massachusetts communities and 46 New Hampshire communities.
The changes reflected in these final permits are limited modifications to permits that are already in effect and being implemented. The modifications provide either enhanced clarity regarding permit terms or greater flexibility in permit implementation. The modifications are based on a years-long mediated settlement negotiation between EPA and multiple petitioners. The modifications will provide municipalities with more tools and flexibilities for permit implementation while also ensuring that water quality is protected, and the goals of the Clean Water Act are met.
“EPA appreciates the hard work and input from stakeholders on this municipal stormwater permit. When fully implemented, the MS4 permit will protect our environment and adhere to the law, while also allowing municipal leaders the flexibility to make strategic decisions about investments that make sense in their communities,” said EPA New England Regional Administrator Dennis Deziel. “Stormwater is the largest contributor of pollutants to impaired rivers, lakes, streams, ponds, and other waters in Massachusetts. The MS4 permit is an important step to reduce the harmful impact of polluted stormwater on local waterbodies.”
The modified permits become effective on January 6, 2021. Municipalities and other regulated entities do not need to submit a new “Notice of Intent” (NOI) for continued coverage under the modified permit.
Modifications to the permit include a provision whereby municipalities can seek implementation schedule flexibilities, streamlined reporting and requirements for new development and redevelopment sites, and additional time for meeting post-construction stormwater control milestones. The modifications either clarify language in the already-in-effect General Permits or provide new, targeted flexibilities for certain permit requirements. As such, EPA concludes that for all permittees, including small government jurisdictions, the modifications may result in some cost savings for permittees (should they choose to avail themselves of these flexibilities), but that those savings will not be at the expense of water quality.
