The U.S. Environmental Protection Agency says Vermont's failure to develop a key pollution permit program threatens the health of Lake Champlain.
Then-Gov. Peter Shumlin signed . It requires the state to take a number of steps to reduce phosphorus pollution, including designing a new stormwater for properties with three or more acres of impervious surface.
In a sent last month, the EPA said the state is behind schedule on developing the stormwater permit, a delay it says puts the lake鈥檚 water quality goals in jeopardy.
鈥淒eveloped land [phosphorus] loadings must be reduced by an estimated 25 metric tons/year of phosphorus for lake water quality attainment,鈥� EPA Regional Administrator Dennis Deziel wrote. 鈥淚n
"They [the Environmental Protection Agency] picked the September deadline and that's their choice, but frankly I don't think it is a realistic timeline." - Peter Walke, commissioner of Vermont Department of Environmental Conservation
short, without an issued three-acre permit, the state cannot meet its 2016 [phosphorus reduction] obligations.鈥�
Environmental Conservation Commissioner Peter Walke said he's told the EPA that the state doesn't have a funding mechanism in place to help businesses comply with the permit.
鈥淲e were not able to offer them sort of assurances as to when we would be ready because there is so much uncertainty,鈥� he said. 鈥淭hey picked the September deadline and that鈥檚 their choice, but frankly I don鈥檛 think it is a realistic timeline.鈥�
The three-acre rule would apply to about 700 parcels of property, Walke said. Complying with the permit would not be too complicated in some sites, he said, such as those with adjacent land that could be used for a stormwater retention system. But other sites in more urban areas would require engineering and retrofit work.
鈥淭hey鈥檙e complex and it鈥檚 really challenging,鈥� he said. 鈥淚t鈥檚 not an easy fix. There are not simple solutions for many of these places.鈥�
Walke said businesses are also struggling with the financial impact of the COVID crisis, and it doesn't make sense to impose a new permit requirement without help from the state.
But environmental advocate James Ehlers, policy advisor to , said the big lake doesn't have time to wait.
鈥淭he cyanobacteria [blue green algae] outbreaks are just exploding all up and down the lake,鈥� he said. 鈥淭hat's a function of predominately agriculture and stormwater, which the three-acre rule would address.鈥�
Ehlers called on Gov. Phil Scott and his administration to do more to protect water quality. 鈥淭he proof is in the state of the lake,鈥� he said. 鈥淗e gives lip service like every other politician. But when it comes time for action, it comes time for demonstrative proof, he鈥檚 not there.鈥�
But Walke noted that the state has met 27 out of 28 of the 鈥減hase 1鈥� milestones the EPA says are needed to reduce phosphorus pollution.
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Clarification July 16, 5 p.m. Story was updated to note that the rule applies to properties with three acres or more of impervious surface.
