EPA issues final MS4 stormwater rules

The U.S. Environmental Protection Agency has issued its final Small MS4 General Permits, which will regulate stormwater in 260 municipalities in Massachusetts.

The 2016 Massachusetts MS4 permit was published in the Federal Register today. The permit for stormwater discharges from small municipal separate storm sewer systems was signed on April 4.

The MS4 permit will go into effect on July 1, 2017. The first action that communities must take to comply is to file their Notice of Intent within 90 days, by Sept. 29, 2017. The EPA has provided a suggested format for the Notice of Intent, which can be submitted electronically.

The MMA is reviewing the final permit and will continue to update members on the implications.


• Link to EPA website for final permit documents


Following the release in September 2014 of the draft National Pollutant Discharge Elimination System (NPDES) general permit for MS4s in Massachusetts, the MMA expressed strong concerns about the burden that the regulations would place on municipalities, particularly in terms of cost. The regulations could triple or quadruple stormwater budgets for municipalities that are already grappling with budget constraints.

EPA officials report that the final permit has been modified from the draft. In a meeting with municipal stakeholders in March, EPA officials said that the final permit would reflect input from communities and would extend timelines and allow more flexibility.

“The new permits will update stormwater management efforts across Massachusetts,” the EPA said in a statement, “better protecting rivers, streams, ponds, lakes and wetlands from pollutants, including elevated levels of nutrients, which are causing algae blooms and other problems in many Massachusetts communities. At the same time, the permit maximizes flexibility for individual municipalities to tailor their efforts to individual needs and local conditions.”

Under the permit, municipalities must develop, implement and enforce a stormwater management program that controls pollutants to the maximum extent practicable, protects water quality, and satisfies appropriate requirements of the federal Clean Water Act.

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. The requirements in the new permit build on the previous one.

The MS4 permit requires implementation of six minimum control measures, which include detection and elimination of illicit sewage discharges, public education and outreach, public participation, management of construction site runoff, management of runoff from new development and redevelopment, and “good housekeeping” in municipal operations.

Updated permit requirements include the need to address identified water quality problems, including stormwater discharges to water bodies with approved total maximum daily loads for bacteria, phosphorus and nitrogen.

The final permit is co-issued by the Massachusetts Department of Environmental Protection, which will allow MassDEP to continue to be involved in discussions about implementation.

The EPA has prepared a cost estimate tool for cities and towns to use, which allows local officials to input specific stormwater-related and demographic information. The tool will be available on EPA’s website.

Regional information meetings
The EPA will be holding five public meetings to provide information on the permits, including a general overview of permit requirements and available tools from the EPA to aid in stormwater management planning and permit compliance.

The meetings are scheduled for the following dates and locations:

• Western Massachusetts (co-sponsored by Pioneer Valley Planning Commission)
May 9, 9:30-11:30 a.m.
Pioneer Valley Planning Commission, 60 Congress St., Springfield

• Southeastern Massachusetts/Cape Cod (co-sponsored by Cape Cod Commission)
May 18, 12:30-2 p.m.
Lecture Hall A, Science Building, Cape Cod Community College, 2240 Route 132, West Barnstable

• Northeastern Massachusetts (co-sponsored by Merrimack Valley Planning Commission)
May 19, 8-10 a.m.
Northern Essex Community College, 100 Elliot St., Haverhill

• Central Massachusetts (co-sponsored by 495/MetroWest Partnership)
May 24, 8:30-10:30 a.m.
200 Friberg Parkway, Westborough

• Boston Area
June 6, 9 a.m.-noon
EPA Region 1, 5 Post Office Square, Boston

For permit inquiries, contact Newton Tedder at tedder.newton@epa.gov or (617) 918-1038, Suzanne Warner at warner.suzanne@epa.gov or (617) 918-1383, or Fred Civian at frederick.civian@state.ma.us or (617) 292-5821.