On January 25, Governor Baker filed the fiscal year (FY) 2018 state budget proposal, totaling $40.5 billion. In the budget, the Baker-Polito Administration allocated $1.4 million for the Massachusetts Department of Environmental Protection (MassDEP) to assume delegated authority of the National Pollutant Discharge Elimination System (NPDES) permit program from the U.S. Environmental Protection Agency (EPA). Specifically, the money would fund 12 MassDEP staff members to begin transitioning the program from EPA to MassDEP. This funding is far from the total amount needed to run the NPDES program effectively (estimated at $6 million), but is a good first step to do the groundwork and position MassDEP to take over the program.
However, for MassDEP to officially assume authority, Governor Baker must refile the appropriate legislation. This legislation, formerly Bill H.4254, was originally filed in April 2016. MCWRS President Phil Guerin testified at the May 17, 2016 legislative hearing on behalf of the Coalition urging the Joint Committee on Environment, Natural Resources and Agriculture (JENRA) to pass the legislation. Unfortunately, the bill was sent to study in June 2016 and no action was taken. Local environmental advocacy organizations have historically opposed the transition, citing MassDEP’s limited budget and their concern that the agency might be vulnerable to state politics.
Currently, EPA Region 1 administers the program in Massachusetts, while 47 other states manage their own NPDES permitting. The Coalition has advocated for this transfer since 2007 and in January 2016, we penned a position paper outlining our argument for primacy, with key caveats. As previously reported, this legislation would not remove EPA from the permitting process and MassDEP already has delegated authority for drinking water and air quality permit programs. The Coalition believes that EPA’s one-size-fits-all approach does not consider location-specific environmental, social, and economic factors. MassDEP management of the program would also provide greater opportunity for municipalities to pursue integrated water resources planning. Integrated plans allow communities to address multiple regulatory requirements and infrastructure needs, all while maintaining affordable water and sewer rates.
MCWRS has established a strong working relationship and open lines of communication with MassDEP and will continue to promote municipal interests. The Coalition hopes that MassDEP’s assumption of delegated authority will allow communities to balance environmental protection and fiscal constraints in a cooperative and realistic permitting process. MCWRS intends to support the Governor’s legislation through testimony and meetings with key legislators during the current session. Read the Coalition’s blog for more details on our history of advocating for primacy.