Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit

EPA is revising its 2010 Draft Massachusetts Interstate, Merrimack, and South Coastal Small MS4 Permit and will issue it as a new draft permit for public comment in the fall of 2012. The new draft permit will combine, into a single permit, the previously separate Draft Massachusetts North Coastal Small MS4 Permit. A Notice of Availability for the new draft Massachusetts Small MS4 general permit will be published in the Federal Register as well as information about any scheduled public meetings or hearings. This webpage will be updated with the Federal Register publication date when it becomes available.

History

On May 1, 2003, EPA Region 1 issued its Final General Permit for Stormwater Discharges From Small Municipal Separate Storm Sewer Systems (PDF) (56 pp, 259K, about PDF) (2003 Small MS4 Permit) that covers "traditional" (i.e., cities and towns) and "non-traditional" (i.e., Federal and state agencies) MS4 Operators located in the states of Massachusetts and New Hampshire. This permit expired on May 1, 2008 but remains in effect for authorized Operators until a new permit is issued. During 2008 – 2010 EPA issued three separate draft Small MS4 General Permits to replace the 2003 Small MS4 Permit. One for eligible Operators located in the state of New Hampshire and two separate Massachusetts permits; one for Operators located in the North Coastal watershed and the other for those located in the Interstate, Merrimack and South Coastal watersheds.

The Notice of Availability of the draft NPDES General Permit for Discharges From Small Municipal Separate Storm Sewer Systems located in the Interstate, Merrimack and South Coastal watersheds in Massachusetts was published in the Federal Register on November 4, 2010 (See 75 FR 67960). EPA held a public hearing on March 9, 2011 and the public comment period for the draft permit ended March 11, 2011. A Federal Register Notice describing the public hearing and the extension of the public comment period was published in the Federal Register on February 15, 2011(See 76 FR 8734). A transcript (PDF) (58 pp, 142K, about PDF) of the hearing in addition to copies of the written comments are available. The 2010 Draft Permit, Fact Sheet, and related links are available at the bottom of this webpage.

2010 Census and Designated MS4s

The Bureau of the Census has recently released new 2010 urbanized area data. These data indicate new or expanded urbanized areas in some communities, which may result in the requirement for permit coverage for Operators located in previously unregulated communities or the expansion of coverage for Operators in currently regulated communities. The new draft permit will identify the communities, or portions thereof, were the permit applies.

Permit Process

A notice of availability for the draft general permit and fact sheet will be published in the Federal Register; posted on this website; and mailed directly to applicable municipalities covered by the 2003 Small MS4 General Permit and any additional Operators potentially eligible for the permit coverage. Copies of the draft permit and fact sheet (explaining the basis of the permit provisions) will be posted on this website. EPA will solicit comment on the draft permit during a public notice period of at least thirty (30) days.

Following the close of the comment period, the Regional Administrator will issue a final permit decision. In reaching a final decision on the draft permit, the Regional Administrator will respond to all significant comments and make its responses available to the public. The final permit and response to comments will be posted on this website. A notice of availability for the final permit will be published in the Federal Register.

The effective date of the final permit will be no sooner than the date the final permit is signed and made publicly available. To obtain coverage, Operators will be required to submit a new Notice of Intent (NOI). EPA anticipates that NOIs will be due ninety (90) days after the effective date of the final permit.

2010 Draft Massachusetts Interstate, Merrimack, and South Coastal Small MS4 Permit – TO BE REVISED AND REISSUED

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Federal Register Notice November 4, 2010 (PDF) (3 pp, 59K)
Federal Register Notice November 29, 2010
Federal Register Notice February 15, 2011 (PDF) (2 pp, 179K)
Draft Massachusetts Interstate, Merrimack, and South Coastal Small MS4 General Permit (PDF) (51 pp, 331K)
Appendix A - Definitions, Abbreviations and Acronyms (PDF) (6 pp, 30K)
Appendix B - Standard Permit Conditions (PDF) (10 pp, 48K)
Appendix C – Areas Covered by this Permit (PDF) (3 pp, 82K)
Appendix D - Endangered Species Act Eligibility Guidance (PDF) (11 pp, 58K)
Appendix E - National Historic Presevation Act Eligibility Guidance (PDF) (4 pp, 35K)
Appendix F – Suggested Format and Required Information for the Notice of Intent (NOI) (Excel) (121K)
Appendix G – Requirements of Approved Total Maximum Daily Loads (PDF) (29 pp, 180K)
Appendix H – Analytical Methods for Impaired Waters Monitoring (PDF) (2 pp, 24K)
Fact Sheet (PDF) (73 pp, 261K)

Helpful Information and Links

Which municipalities are covered by the Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit?
- Draft Massachusetts Interstate, Merrimack and South Coastal Small MS4 General Permit Appendix C – Areas Covered by this Permit (PDF) (3 pp, 82K)
- Maps
  - Inter-State Watershed Map (PDF) (1 pg, 461K)
  - Merrimack Watershed Map (PDF) (1 pg, 461K)
  - South Coastal Watershed Map (PDF) (1 pg, 461K)
Summary of Permit Requirements (PDF) (15 pp, 53K)
Summary of Major Changes between 2003 and 2010 Small MS4 Permit (PDF) (14 pp, 57K)
Impaired Waters and TMDL Information
Impervious Cover Information
- Community-specific mapping and statistics for baseline estimates of impervious area (IA) and directly connected impervious area (DCIA)
- EPA's Methodology to Calculate Baseline Estimates of Impervious Area (IA) and Directly Connected Impervious Area (DCIA) (PDF) (7 pp, 207K)
- Technical Support Document – Estimating Change in Impervious Area (IA) and Directly Connected Impervious Areas (DCIA) for Massachusetts Small MS4 Permit, April 2011 (PDF) (5 pp, 617K)
- Technical Support Document – Assessing Street and Parking Design Standards to Reduce Excess Impervious Cover in New Hampshire and Massachusetts, April 2011 (PDF) (6 pp, 437K)
- Example Impervious Area (IA) and Directly Connected Impervious Area (DCIA)Calculation and Tracking (Excel) (Available soon)
USFW Endangered Species web site
National Park Service, National Register of Historic Places web site
Suggested Annual Reporting Format (Excel) (Available soon)
Technical Support Document – Stormwater Retrofit Techniques for Restoring Urban Drainages in Massachusetts and New Hampshire, April 2011 (PDF) (4 pp, 860K)
Technical Support Document – Proposed Illicit Discharge Detection and Elimination (IDDE) Program Requirements for Communities in Massachusetts, April 2011 (PDF) (4 pp, 303K)

EPA Contacts

Thelma Murphy (murphy.thelma@epa.gov), 617-918-1615

Glenda Velez (velez.glenda@epa.gov), 617-918-1677

State Contacts

MassDEP
Frederick Civian (Frederick.Civian@state.ma.us), 617-292-5821

Serving Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont, & 10 Tribal Nations