Conflict Arises Among Experts and Officials Regarding Maryland's New Stormwater Regulation

The Maryland Department of the Environment (MDE) has issued a new stormwater permit to the Maryland State Highway Administration (SHA), marking a significant milestone in the management of stormwater discharges from separate sewer systems. This permit, required every five years under the Clean Water Act's National Pollutant Discharge Elimination System framework, is a key regulatory tool for municipalities and state agencies.

The new permit, hailed as the "largest-ever SHA investment in stormwater restoration," commits $216 million to restoration efforts. The SHA defends this investment, stating that it will not only help address runoff pollution but also "leverages both state and federal dollars for the first time."

However, the new permit has sparked debate among environmentalists and critics. The MDE's requirement for stronger environmental justice accountability, a first for an MS4 permit in Maryland, is seen as a positive step. Yet, critics remain unconvinced of the open-ended approach, calling for a more targeted approach in overburdened communities like Baltimore.

The SHA defends its approach by pointing to its continued funding of the Chesapeake Bay Trust's Pooled Monitoring Program. However, environmental advocates argue that the new permit does not go far enough in addressing climate-driven runoff from the state's highways. Comparative analysis with other jurisdictions shows that Maryland's new permit lacks clear performance benchmarks, enforceable numeric targets, and structured monitoring frameworks.

Advocates have also pointed out missed opportunities for stronger monitoring of thermal pollution and emerging pollutants such as PFAS. The MDE defends its stance, stating that PFAS risks are being addressed through other regulatory mechanisms better suited to drinking water and biosolids.

The new MS4 framework lowers the goal for treating runoff pollution by requiring action on 15 percent of hard, impervious surfaces such as roads, parking lots, and rooftops, down from 20 percent in the previous iteration. This decision has raised concerns among environmentalists, who view it as a missed opportunity.

Historically underserved neighborhoods are typically bearing the brunt of infrastructure challenges related to runoff pollution. In response, the agency is required to evaluate and report on stormwater project opportunities in overburdened communities, submitting two planning reports to the MDE.

Runoff pollution, or rain sweeping oil, metals, and other contaminants off paved surfaces, is the fastest-growing threat to the Chesapeake Bay. The new permit includes new requirements to curb polluted runoff from the state's road network, a crucial step in protecting the Bay and its ecosystem.

The MDE is responsible for overseeing and regulating MS4 stormwater permits in Maryland. The agency defends moving forward with the permit, calling it part of "a broader package of clean water and climate initiatives" the Moore administration is pursuing.

While the new permit represents a significant investment in stormwater management, the debate surrounding its effectiveness and scope continues. The Chesapeake Bay and its communities rely on the continued efforts of the MDE and SHA to address the challenges posed by runoff pollution and protect the Bay for future generations.

Conflict Arises Among Experts and Officials Regarding Maryland's New Stormwater Regulation