EPA to Slam Eastern Mass. Property Owners

Owners of thousands of commercial, industrial, and institutional properties in eastern Massachusetts would need to seek a new permit and modify their sites in an effort to improve water quality throughout the Charles, Mystic, and Neponset river watersheds, under a new plan unveiled Thursday by federal regulators.

The draft permit issued by the U.S. Environmental Protection Agency is aimed at properties that have at least an acre of impervious surfaces -- like parking lots, driveways, and roofs -- that drain stormwater runoff toward the rivers rather than into the ground, which can act as a natural filter. This all despite a Supreme Court ruling some two years ago that appeared to limit federal regulatory power over streams and rivers.

"Everybody really doesn't think about stormwater as being all that bad, but it is," said Lynne Jennings, chief of EPA Region 1's water permits branch. "It contains very high levels of nutrients and other things that are really choking out our rivers, and we won't ever get to restoring them unless we tackle this."

Damien Houlihan, chief of the region's stormwater and construction permits section, called the permitting move "necessary and timely," a next step that builds on past efforts like requiring municipalities to connect to the MWRA's treatment plant and controlling Boston Water and Sewer's discharges through municipal permits.

The EPA is developing a list of potentially affected properties and will be mailing postcards to their owners, Houlihan said, in addition to posting official notices about the new permitting process under development.

Phosphorus from stormwater runoff was one of the factors behind this summer's toxic algae bloom on the Charles River, officials said at the time, which led to a 20-day public health advisory.

Advocates recently pointed to existing regulations pointed to existing regulations that mandate municipalities in the watershed to reduce "nutrient loading" by more than 50 percent by 2038. The new draft permit unveiled Thursday would build on that by roping private property owners into the efforts to reduce stormwater runoff, and officials estimated that the permit could lead to a 10 percent reduction in phosphorus runoff.

"If you think about all the paved areas in these communities, how much control does the municipality have on all that pavement? They certainly have control over roadways and things like that. But the kind of actions that we need to have happen here have to happen on private properties. You know, the rooftops, the parking lots ... are active sources of phosphorus," Jennings said.

The permit would apply to an "entirely new universe of permittees who have never been regulated before," said Houlihan.

Results could show up in water quality testing within three to five years after the permit is finalized, he estimated.

Affected sites would need to "develop plans to reduce pollution" and "implement stormwater controls such as parking lot sweeping, installation of rain gardens, and other stormwater management methods," according to EPA.

"Another, perhaps more cost effective, way to address this permit is to remove your impervious cover and let the natural process of infiltration take place and restore the natural hydrology to the area," Houlihan said.

The federal agency estimates that the permit, as currently drafted, could be required in the Mystic River Watershed for around 511 commercial, 394 industrial, and 88 institutional properties, according to Houlihan. In the Charles River Watershed, it could apply to around 1,867 commercial, 81 industrial, and 347 institutional. And in the Neponset area, affected sites could include 470 commercial, 253 industrial, and 104 institutional locations.

The executive directors of the Charles River Watershed Association, Mystic River Watershed Association, and Neponset River Watershed Association praised the EPA's action Thursday.

CRWA leader Emily Norton called it "a major step to shifting responsibility where it belongs," and NRWA head Ian Cooke said "many people don't realize that the majority of the pavement that contributes to the polluted runoff problem is privately owned parking lots, rooftops and driveways" -- impervious surfaces that would be addressed under the EPA permit.

But the three nonprofits took issue with the EPA's lengthy runway for implementation, a yearslong process under the proposal that the EPA is seeking feedback on. The agency has planned a phased implementation that calls for all stormwater controls to be implemented within 11 years of the permit's approval.

"We urge EPA ... to dramatically speed up their proposed timeline for compliance so that the public can more quickly experience the benefits of a clean, swimmable Charles River," Norton said.

"While we are glad to see EPA moving forward to address these important challenges, the issue calls for more urgency, and that it's feasible to take these common sense actions well before 2035," Cooke said.

Added Mystic River Watershed Association director Patrick Herron: "Our communities shouldn't have to wait another 11 years for clean water."

The draft permit is the "result" of a 2022 lawsuit filed by the Conservation Law Foundation and CRWA, according to CLF, which said rain and snowmelt send oil, grease, chemicals, and trash from large, paved surfaces into the three rivers.

CLF predicted the permit will force big box stores, malls, and private universities to reduce stormwater runoff, such as "street sweeping and waste collection or structural changes like basins, rain gardens, and gravel wetlands."

“After five years of petitions and a lawsuit against EPA, we’re pleased that these federal protections have come to fruition,” said CLF Vice President Heather Govern. “But EPA’s permit allows for an 11-year delay before these rivers will see any significant positive impact. As pollution and intense storms increase in the Boston area, the Charles, Mystic, and Neponset rivers can’t wait that long.”

Houlihan told reporters Thursday that he is expecting a large volume of feedback about the timeline, which he said tracks with the overall timeline for cleaning up the Charles River, and that the EPA can adjust its plan based on public comments.

"We think what we've put forward is a reasonable timeline. Take into account these are a whole entirely new universe of permittees that have never been regulated before, that the industry itself needs time to develop and gear up to make some of these improvements, and that it would be a phased approach over many years for tackling the biggest properties first and then the smaller properties later," Houlihan said.

A 90-day public comment period will run through Jan. 29, including two informational Zoom meetings in early January and two public hearings on Zoom to receive feedback on Jan. 22 and Jan. 23.

The agency pointed to a similar permit implemented in southern Maine in 2015, and said that Rhode Island's Department of Environmental Management is putting a proposed permit to public comment this fall.

EPA considers all three rivers -- Charles, Mystic, and Neponset -- as "impaired" because of both bacteria and nutrients like phosphorus.

"So we want to ensure that the goal of the Clean Water Act -- of fishable, swimmable waterways -- is met," Houlihan said.