05-03-16 MASTER Water Resources Beth Card

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EBC Water Resources CommitteeMeeting with Beth Card, MassDEP

Environmental Business Council of New EnglandEnergy Environment Economy



Welcome

Blake Martin

Chair, EBC Water Resources Committee

Senior Associate, Weston & Sampson

Environmental Business Council of New England

Energy Environment Economy



Introduction

Robert D. Cox, Jr.

Partner, Bowditch & Dewey LLP





Beth Card

Deputy Commissioner, Policy and Planning

Massachusetts Department of

Environmental Protection



Mass DEP Water Program Initiatives



Beth Card, MassDEP

EBC Water Resources Committee

May 3, 2016



What is NPDES? National Pollutant Discharge Elimination System

Established by the Clean Water Act

Regulates point sources that discharge pollutants to waters of the U.S. and requires permits for thosesources

EPA can administer the program in a state or authorize

states to administer their own programs Vast majority of states have received authorization



State Authorization

46 states with authorizedNPDES programs

4 states without

authorization Idaho in process of

preparing application forauthorization

Massachusetts in early

stages of pursuingauthorization

New Hampshire and NewMexico not currentlypursuing authorization



Why pursue NPDES authorization in

Massachusetts?

MassDEP has strong track record in administeringother federally delegated programs

Increased flexibility for use of Integrated WaterManagement

Improved understanding of water quality throughenhanced water quality monitoring and assessment

program

Opportunity to more closely engage with communitiesand other permittees



What is needed to apply for

authorization?

Letter from the Governor requesting review andapproval

Underlying state laws and regulations

Memorandum of Agreement

Program Description

Statement of legal authority



Laws and Regulations Legislative changes needed to ensure conformity to

federal program

Passage required to move forward with authorizationprocess

New regulations will need to be developed

Federal regulations can be used as model with state-

specific modifications



Memorandum of Agreement Negotiated between EPA and DEP

Scope of authorization

Roles and responsibilities Permit review and issuance procedures

Compliance and enforcement

Program review

Transition of program



Program Description

Comprehensive description of all elements of theprogram

Resources and funding

Water quality programs

Permitting procedures

Compliance and enforcement

Pretreatment program Information management

Program capacity building and training



What will a Massachusetts NPDES

program look like?



Massachusetts Permit Universe 250 individual permittees

58% municipal, 42% industrial

>50% of permits expired

4000 general permittees ~250 are MS4 communities

GPs for construction,dewatering, hydroelectric,

industrial stormwater, non-contact cooling water,pesticides, remediation, potable

water treatment, small POTW



Program Funding

$4.7 million state generalfund appropriation

$3.2 million for 40 newFTEs

$1.5 million for contractualsupport

Maintain current fees fornon-municipal dischargers

Maintain existing federalfunding



Staffing 40 new staff

Permit writing

Compliance & enforcement

WQS, monitoring, assessment, TMDLs

QA/QC and data management

Legal support

Adds to 27 existing staff in these programs



Contractual support Watershed

organizations, academicinstitutions, technical

consultants

Technical assistance

Water quality

monitoring Laboratory support

TMDLs



Permitting

Develop permits inconsultation with permittees

Base permits on robustmonitoring data and soundscience

Ensure permittees

understand permit limits and justification for those limits

Maintain permits on 5 yearrenewal schedule (long-term)



Technical Assistance

Engage with permitteesregularly through site

visits, individual

consultations, workshops Focus primarily on

individual permittees andMS4 communities initially

Assess need for techassistance with other typesof permittees



Compliance and Enforcement Regular compliance

inspections conductedby DEP staff

Help with complianceissues and need forenforcement actionsthrough technicalassistance

Timely enforcementaction where necessary



Water Quality Science

Increase monitoring conducted by MassDEP

Increase evaluation and use of data collected byexternal sources

More extensive review of water quality standards anddevelopment of new criteria where necessary

Sync timing of monitoring, assessments, TMDLs with

permitting as much as possible



Integrated Water Management

Work with permittees and stakeholders to identifylong terms needs for municipal wastewater,stormwater, and water supply infrastructure

Prioritize projects based on environmental and publichealth impacts, priorities, other factors

Develop master plan for long term management of

municipal water resource needs Direct resources to areas that will have the greatest

environmental impact first



Opportunities for Efficiencies

One permitting authority instead of two

Issue permits on watershed basis

Increased use of general permits where appropriate Continued evaluation of program to identify

additional opportunities



Where do we go from here?

Legislative briefings

Design program, develop application to EPA

Outreach to stakeholders Periodic meetings with EPA

Submit application to EPA

Upon approval, begin phased transition of program to

DEP



Legislation

An Act to Enable the Commonwealth’s Administration

of the MA Pollutant Discharge Elimination System(House Docket 4746)

Filed by Governor Baker on April 29

Amends MA Clean Waters Act to ensure conformity tofederal program and explicitly authorizes MassDEP to

apply for delegation Approximately 16 changes related to program

implementation and enforcement



Questions?



EBC Water Resources CommitteeMeeting with Beth Card, MassDEP



Documents

05-03-16 MASTER Water Resources Beth Card