April 2023 Update: Residual Designation Activities Underway for the Charles River, Neponset River and Mystic River Watersheds
Issuance of Draft RDA Permit:
EPA is developing a permitting approach for stormwater discharges consistent with the 2022 Clean Water Act Residual Designation Determination (RDA) for the Charles, Mystic and Neponset River Watersheds. EPA is aware that diverse stakeholders are keenly interested in this RDA matter and we expect that the draft RDA permitting action(s) may garner even more interest. In an effort to provide transparency on the development of our permit, EPA plans to provide the public with regular updates on the status of this work, including updates on EPA's estimated target of issuing a draft permit by the end of summer of 2024. As EPA has articulated in the past, (described here (pdf) ) this target is an estimate due to technical complexities and administrative uncertainties and may be adjusted accordingly, particularly for circumstances outside of our control. We want to assure the public, however, that issuing a draft RDA general permit is one of EPA Region 1's highest priorities.
EPA is committed to developing an environmentally protective, technically accurate, and legally sound draft NPDES general permit(s) that potential permittees can understand and implement. We are building internal capacity to accelerate the development of the draft permit. We are also undertaking the important, but time-consuming, technical analysis of relevant pollutant loadings in each watershed, a critical step to inform EPA's decision-making and administrative record for this permitting process.
Stakeholder outreach:
Building upon EPA's RDA-related stakeholder outreach (pdf) , we will be conducting outreach and informational sessions with interested parties as EPA develops the draft RDA general permit(s). Such outreach and engagement are particularly important in communities with environmental justice concerns and it is critically important that adequate time is given for meaningful and effective engagement.
Other Permitting Actions:
Finally, EPA Region 1 must balance the urgency of issuing draft RDA documents for public review and comment with our obligations to address numerous additional water quality priorities and permitting work, some of which have implications for the same watersheds encompassed by the RDA determination. For example, the 2016 Massachusetts Small MS4 General permit expired in 2022 and EPA is working to develop and issue a draft permit renewal for public comment.