UPDATE MassDEP REVIEW OF NPDES DELEGATION Prepared by Glenn Haas - Brown and Caldwell and Paul Hogan - Woodard & Curran NH WPCA Symposium June 13, 2013

BACKGROUND 1973 Agreement to issue Joint Permits 1981 Amendment to Agreement 1996 Cadmus study 2010 Infrastructure Finance Commission 2012 Legislative Mandate 2013 Task Force NH WPCA Symposium June 13, 2013

PERMITTING UNIVERSE PERMIT TYPEMASACHUSETTSNEW HAMPSHIRE MAJOR INDIVIDUAL12249 MINOR INDIVIDUAL13036 NON-STORMWATER GENERAL32578 MS4 STORMWATER25651 OTHER STORMWATER GENERAL1599 (?)(?) NH WPCA Symposium June 13, 2013 Current Massachusetts workload and comparison to New Hampshire

LEGISLATIVE MANDATE Notwithstanding any other general or special law to the contrary, the department of environmental protection shall evaluate the feasibility, cost, advantages and disadvantages of obtaining from the United States Environmental Protection Agency, to the extent permitted by federal law, delegated authority over National Pollutant Discharge Elimination System programs. The department shall file a report detailing its findings, together with drafts of legislation necessary to obtaining such authority, with the clerks of the senate and the house of representatives not later than July 1,2013. NH WPCA Symposium June 13, 2013

WHY N0W Legislature’s Infrastructure financing Committee suggested more state control. Are Municipalities finally at breaking point due to costs and unknowns about stormwater. EPA perceived as unwilling or unable to negotiate or compromise. Questions about supporting science on the rise. Increased litigation. NH WPCA Symposium June 13, 2013

DELEGATION ADIVISORY COMMITTEE Appointed in March 2013 by DEP Commissioner Broad Representation – 4 environmental groups, 4 municipal, 4 consultants, 1 attorney and ME DEP staff member Met in March, April and May Draft report under review by committee DEP’s Final report going to legislature by July 1 Report will not contain a recommendation NH WPCA Symposium June 13, 2013

ADVANTAGES Use delegation as a path to improve existing system. State would priorities. State has more flexibility and can incorporate state only programs. State has authority and expertise. Permit holders only have to deal with one agency. NH WPCA Symposium June 13, 2013

DISADVANTAGES MA residents will have to pay where now it is free. EPA can make decisions more insulated from political pressure. Without staffing- can’t get it done. Track record of lack of budget support for DEP’s work. No practical way Give the program back. NH WPCA Symposium June 13, 2013

FEASIBILITY NEED BETTER SCIENCE!!!- more monitoring and TMDLs. Need sufficient staff. Need highly trained staff. Need statutory changes. What is state’s capacity to handle additional administrative appeals and court actions. Lack of stable dedicated funding. What kind of program needs to be worked out sooner rather than later. NH WPCA Symposium June 13, 2013

FUNDING OPTIONS Continue with permit fees- Not sustainable as municipalities exempt from fees. Broad based tax- Unstable and subject shifting budget priorities. Assessment on users- being used for drinking water but more complicated for wastewater. NH WPCA Symposium June 13, 2013

COST Very preliminary estimates. About half the cost for improved science. Additional 102 ftes needed. Estimated $9.5 million annually. Approximately $3 per homeowner per year. NH WPCA Symposium June 13, 2013

ADVISOR’S BOTTOM LINE No Consensus on whether MassDEP should seek delegation Consensus – Delegation needs to improve on EPA Program. – Improved science is a must whether or not delegation is sought. – DEP needs more resources – More information and time is needed to assess how much more resources are needed. – Assessment on users fairest way to obtain funding NH WPCA Symposium June 13, 2013