The Environmental Protection Agency said Nov. 17 that it will begin requiring certain industrial, commercial and high-density residential facilities in three Massachusetts communities along the Charles River watershed to operate under a Clean Water Permit for stormwater discharges.

EPA's Region 1 office said the new pilot program will require facilities with two or more acres of impervious area, such as parking lots and roofs, to reduce phosphorus discharges by 65 percent through a variety of stormwater management practices.

The agency said it is taking this action under the Clean Water Act's Residual Designation Authority. EPA said it has issued a Record of Decision that documents a preliminary decision by the regional administrator that stormwater permits are needed to address “serious water quality problems in the Charles River.”

The decision addresses facilities in three communities at the upstream portion of the Charles: Milford, Franklin, and Bellingham, Mass. EPA said it is seeking comment on the designation, which will become effective once EPA has issued a general permit for the affected discharges.

Separate State Regulation

In a separate but related action, Massachusetts said Nov. 17 it is also proposing a statewide requirement for facilities with five or more acres of impervious area to address the causes of stormwater pollution.

Under both the federal and state actions, new requirements will be phased in to reduce polluted stormwater runoff at sites with large paved areas, including shopping malls and industrial areas. While the statewide standard will be five acres, the state is proposing to match EPA's two-acre requirement in the Charles River watershed, where a higher level of control is needed to address chronic water quality problems, according to the Massachusetts Department of Environmental Protection.

The department said it drafted its stormwater regulation (No. 314 CMR 21.00) following a “robust stakeholder process” earlier this year. The state intends to hold a series of public meetings on the draft regulation and will allow for a public comment period.

The agency said the new program will provide a range of tools, or best management practices, that property owners can use to achieve compliance, such as rain gardens and infiltration basins that capture runoff, and green technologies such as rain barrels that reuse or recycle rainwater.

EPA, Massachusetts, and local governments have been working in tandem since 1995 to clean up the Charles River.

“Polluted stormwater runoff causes serious water quality problems and is the next great challenge for cleaning the Charles River,” Robert Varney, EPA Region 1 administrator, said in a statement. “By working closely with Massachusetts and our other partners, we will make great environmental improvements, while at the same time providing facilities with flexibility and time to meet the new standards.“

In October 2007, EPA and the state began a process to control phosphorus by establishing new total maximum daily loads (TMDLs) for discharges of phosphorus into the lower Charles River.

“Until now, managing stormwater has largely been the responsibility of the cities and towns,” Laurie Burt, Commissioner of the Massachusetts Department of Environmental Protection, explained. “It is critical now for other property owners to step up to the plate and do their part. This new program creates a level playing field by requiring that the responsibility for managing stormwater be shared by municipalities and private property owners.”

According to EPA, high levels of nutrients, especially phosphorus, have in the past several years have caused the Charles River and other water bodies to turn a bright shade of blue-green during summertime algae blooms. The color is caused by blooms of cyanobacteria, which can be harmful to both people and pets, the federal agency said. “Many of our state's waters are severely degraded as a result of stormwater pollution,” said Massachusetts Energy and Environmental Affairs Secretary Ian Bowles. “Now is the time to take action to reduce pollution and return more water to the ground, where it will be cleaned naturally and added to our water supplies.”

Bob Zimmerman, executive director of the Charles River Watershed Association, said the extension of the Clean Water Act to include polluted stormwater runoff from commercial and industrial parking lots is “bold and necessary.”

“We will never clean up urban rivers without cleaning up existing runoff from pavement,” Zimmerman said.