NPDES Stormwater Permit Program in New England
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The Clean Water Act authorizes EPA and states, which are delegated the authority by EPA, to regulate point sources that discharge pollutants into waters of the United States through the National Pollutant Discharge Elimination System (NPDES) permit program. So-called "point sources" are generated from a variety of municipal and industrial operations, including treated wastewater, process water, cooling water, and stormwater runoff from drainage systems. The NPDES Stormwater Program, in place since 1990, regulates discharges from municipal separate storm sewer systems (MS4s), construction activities, industrial activities, and those designated by EPA due to water quality impacts.
- Large & Medium MS4 Permits
- Small MS4 Program
- Construction Activities
- Industrial Activities
- Residual Designations
- Stormwater BMP Tools and External Resources
Large & Medium MS4 Permits
Small MS4 Program
2003 Permit for MA and NH
- 2003 General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) (PDF) (56 pp, 265 K)
- 2003 Permit Archives - NOIs, Maps, Public Notice, and Annual Reports for regulated MS4s in Massachusetts and New Hampshire
- MA SWMP Summaries & Select Metrics Permit Year 9 (2011-2012) (PDF) (20 pp, 506 K)
- NH SWMP Summaries & Select Metrics Permit Year 9 (2011-2012) (PDF) (20 pp, 487 K)
- Annual Reporting Requirements
- Updated Information for Reissuance of the Small MS4 General Permit
- Which New England communities are regulated?
New England Municipalities Regulated by the Phase II Stormwater Program
Choose a state from the list below to view municipalities* whose MS4s are automatically-designated (either in full or part) by the Phase II Rule based on urbanized area (PDF) (3 pp, 264 K) delineations from the 2000 U.S. Census. In addition to MS4s automatically regulated by the Phase II Rule, EPA and authorized states may designate additional municipalities for permit coverage, and others may be eligible for waivers from permitting requirements. For the states of Massachusetts and New Hampshire, where EPA is the NPDES permitting authority, Notices of Intent (NOIs), annual reports, and public notice information is provided.
- Massachusetts (includes NOIs, annual reports, and public notice status)
- New Hampshire (includes NOIs, annual reports, and public notice status)
- Rhode Island Exit
*Note: Those portions of a municipality's MS4 that discharge to a combined sewer system or a publically owned treatment works (POTW) are not regulated by the Phase II Rule, regardless of coincidence with an urbanized area. If and when storm sewers are separated from sanitary sewers pursuant to state and federal Combined Sewer Overflow Policies, the resulting MS4s would then become automatically-designated by the Phase II Rule.
- General Permit for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s)
- Notices of Intent (NOIs) (Pending)
- New Hampshire
- Public Notice Status and Processing NOIs (Pending)
- Permit Annual Reporting Requirements (Pending)
- Permit Annual Reports (Pending)
- New Hampshire
- Do I need NPDES Permit Coverage for Discharges Related to my Construction Activity and Which General Permits are Available (Flow Chart)? (PDF) (2 pp, 44 K)
- Obtaining permit coverage for your construction activity
This site provides links to the 2012 Construction General Permit (CGP) (including related Fact Sheets, Federal Register Notices, and the administrative record), Notice of Intent (NOI) and Notice of Termination (NOT) Forms, the online filing system (eNOI), and the online searchable NOI database.Exit
- NPDES General Permit for Dewatering Activities in MA and NH
This site provides links to the Federal Register Notice, the General Permit, and EPA contact information. Subject to limitations and eligibility requirements, this permit authorizes pumped or drained discharges of groundwater or stormwater from excavations or other points of accumulation associated with a construction activity. Depending on the nature of the dewatering activities at a given site, one or more general permits may be applicable: the Construction Dewatering General Permit, the Construction General Permit, or the Remediation General Permit.
- EPA Construction General Permit Frequently Asked Questions (PDF) (8 pp, 143 K)
Provides answers to the most frequently asked questions on the 2012 Construction General Permit (CGP).
- EPA Stormwater Pollution Prevention Plan Guidance
Provides guidance and templates for the Stormwater Pollution Prevention Plan (SWPPP), site inspections, and other requirements of the 2012 CGP.
- New Hampshire Alteration of Terrain Permit
This webpage includes information of the New Hampshire Alteration of Terrain permit which may be required in addition to 2012 CGP coverage.
- 2008 Multi-Sector General Permit (MSGP)
- Impaired Waters Information - Massachusetts
- Impaired Waters Information - New Hampshire
- 2008 MSGP Monitoring Guidance for Discharges into Impaired Waters (Part 6.2.4) - Parameters and Methods (PDF) (1 pg, 72 K)
- Permit Modification for Operators in the Marine Industry Discharging Stormwater into Massachusetts Waters (5/28/09) (PDF) (1 pg, 45 K)
- EPA New England Guidance: Permitting Requirements for Municipally-Owned or Operated Industrial Activities
- How can I avoid the need for a Storm Water Permit for my industrial activity (i.e., a No Exposure Exclusion)?
The Clean Water Act (CWA) and related regulations define the specific industrial and municipal stormwater sources that must be authorized by an NPDES permit. The CWA recognizes that other sources, such as commercial properties, may need to be regulated on a case-by-case or category-by-category basis based on additional information or localized conditions. The authority to regulate other sources based on the localized adverse impact of stormwater on water quality through NPDES permits is commonly referred to as the "Residual Designation" authority. In 2008, EPA issued records of decision requiring additional NPDES stormwater permits in specific areas within the Charles River watershed in Massachusetts and the Long Creek watershed in Maine. In July 2013, Conservation Law Foundation, Natural Resources Defense Council, and American Rivers filed a petition in Regions 1,3 and 9 seeking EPA to make a determination that commercial, industrial and institutional sites contribute to violations of water quality standards and require NPDES permits. In March 2014, EPA released a response to the petition. Additional information is provided via the links below.
- Charles River Residual Designation
- Sustainable Stormwater Funding Project
Information on an EPA-funded project to develop funding recommendations to support the Charles River Residual Designation
- Sustainable Stormwater Funding Project
- Long Creek
- Final Decision
- Final Residual Designation for Long Creek (PDF) (2 pp, 95 K)
- EPA Response to Public Comments on Residual Designation (PDF) (10 pp, 648 K)
- Preliminary Decision
- Residual Designation for Long Creek (PDF) (39 pp, 613 K)
- Executive Summary (PDF) (4 pp, 27 K)
- EPA and Maine Take Action to Reduce Stormwater Pollution in South Portland Ecosystem (Press Release)
- Federal Register Notice
This notice provides details on how to obtain the Preliminary Residual Designation document itself and other related materials. The public may comment during the eventual permit review process.
- Final Decision
- Commercial, Industrial, and Institutional Sites
- Petition from Conservation Law Foundation, Natural Resources Defense Council, and American Rivers
- Region 1 Response
- Additional Information on EPA's Residual Designation Authority
- Regional Contact - Thelma Murphy (firstname.lastname@example.org or 617-918-1614)
Stormwater BMP Tools and External Resources
- Stormwater BMP Performance in New England (PDF) (232 pp, 3.1 MB)
Long-term cumulative performance estimates of eight stormwater BMP types, based on BMP capacity and various loading rates for total phosphorus, solids, and zinc.
- Stormwater BMP Cost-Optimization (PDF) (74 pp, 7 MB)
Stormwater planning demo in three upper Charles River communities
- BMP-PET (1.6MB, Executable Program File)
Spreadsheet tool with performance curves/stormwater pollutant menu selections for TP, TSS, and Zn (based on report at BMP performance link above).
- BMP-PET Instructions (PDF) (8 pp, 189 K)
- BMP Nitrogen Removal (PDF) (2 pp, 38 K)
Brief summary of nitrogen-removal research at UNH Stormwater Center