Gov. Baker Re-files Legislation for MassDEP to Assume Authority of NPDES Permit Program

Breaking News! The Massachusetts Coalition for Water Resources Stewardship is excited to announce that Governor Baker has just re-filed legislation to delegate authority of the National Pollutant Discharge Elimination System (NPDES) permit program to the Massachusetts Department of Environmental Protection (MassDEP). Currently, Massachusetts is one of only three states in the nation whose NPDES program is administered federally by the U.S. Environmental Protection Agency (EPA). On March 8, Governor Baker, joined by Energy & Environmental Affairs Secretary Matt Beaton and MassDEP Commissioner Marty Suuberg, met with the press and members of the public to announce the re-filing. MCWRS Director Josh Schimmel attended as the spokesperson for the Coalition, and he was joined on the stage by several of our members. To aid the transition, Governor Baker also allocated $1.4 million in the FY2018 state budget proposal for MassDEP staff.

This legislation was originally filed in April 2016, but the Joint Committee on Environment, Natural Resources and Agriculture (JENRA) sent it to study at the end of the last legislative season, effectively killing it. If the legislation is passed, it will be part of a submittal made by MassDEP to EPA Region 1. As previously reported, “MassDEP will be required to demonstrate that it has developed an effective plan for managing the program, that its legal authorities are sufficient to meet federal requirements, and that a plan for funding is in place.”

In Governor Baker’s remarks, he emphasized that giving MassDEP authority for the NPDES program will ensure practical and big picture decisions are made to support holistic, integrated water management. The Commonwealth knows its waters best and will work with communities as partners, so they understand how permits are developed. He also announced that $4.7 million will be included in the budget annually as a dedicated line item to pay for the comprehensive program. “Having MassDEP manage the NPDES program will benefit communities by providing a perspective that is more attune to local issues and is more consistent with state goals and values,” MCWRS President Phil Guerin explained. “A single agency to oversee all water-related regulatory matters also provides greater opportunity for municipalities to successfully implement integrated water resources planning and address multiple regulatory requirements and community infrastructure needs, all while maintaining affordable water and sewer rates.”

The Coalition applauds Governor Charlie Baker, Lieutenant Governor Karyn Polito, Energy & Environmental Affairs Secretary Matt Beaton, and MassDEP Commissioner Marty Suuberg for continuing to push for this critically necessary change. Watch the Governor’s video announcement and read the press release for more information.

Stay tuned for future updates on this matter. As in 2016, we will need our members to support this legislation by reaching out to their Senators and Representatives.

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