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DEP clarifies MS4 restrictions: Section 319 funds cannot pay for permit‑required work
Summary
DEP staff warned that Section 319 grants cannot fund work that is required by an MS4 permit and that pollutant reductions from supported projects cannot be used to meet MS4 permit goals; applicants in mixed jurisdictions must ensure project location and eligibility.
An agency official from the Massachusetts Department of Environmental Protection told attendees that projects located in regulated MS4 areas cannot receive Section 319 funding if the proposed work would be required by an MS4 permit. “Please note that projects in MS 4 areas, cannot be required required by, any permit and cannot be used,” the official said, stressing that applicants must avoid seeking funding for work the permit already obligates a municipality to perform.
The presenter also cautioned that pollutant removal numbers from Section 319‑supported projects cannot be used to meet EPA MS4 pollutant removal goals, so applicants working in regulated or mixed MS4 areas should plan accordingly. The official clarified that if a community is only partially regulated and a project is entirely in the unregulated portion, MS4 restrictions do not apply to that project.
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