The National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Industrial Activities (known as the Multi-Sector General Permit, or MSGP) is undergoing revision. The existing MSGP was issued by EPA in 2008 with a 5 year effective period, expiring on September 29, 2013 (facilities permitted under the 2008 MSGP should continue to comply with the terms and conditions of the expired permit until EPA issues the new MSGP).
In the September 27, 2013 Federal Register (78 FR 59672), EPA proposed to revise and reissue the MSGP and called on the regulated community to submit comments on the proposed revisions. Significant proposed revisions to the MSGP include the following:
- Unlike the 2008 MSGP, the new permit will provide coverage for industrial facilities in areas where EPA is the NPDES permitting authority in EPA Regions 7 and 8.
- Industrial facilities subject to New Source Performance Standards (NSPS) will no longer be required to either determine and document in their Storm Water Pollution Prevention Plan (SWPPP) a "No Significant Impact" status or complete an Environmental Impact Statement (EIS). Rather, EPA plans to prepare an Environmental Assessment to analyze the potential environmental impacts from the discharge of pollutants to storm water from new sources associated with industrial facilities where EPA is the permitting authority to determine whether to prepare an EIS. Industrial dischargers subject to NSPS will not have to independently make that determination.
- EPA is proposing to require permittees to submit notifications and reports electronically. Permittees who wish to use paper submittals must obtain a waiver from the appropriate EPA regional office.
- The draft permit proposes additional limitations on allowable non-storm water discharges, including hazardous cleaning products, as well as wash waters that have come into contact with oil or grease deposits or other toxic or hazardous materials.
- The draft permit revises the procedures permittees must follow to establish their eligibility for coverage under the MSGP with respect to protection of threatened and endangered species and critical habitat. EPA proposes that the process be documented by filling out and submitting a worksheet. A facility that is currently permitted under the 2008 MSGP will still need to complete and document their eligibility determination using the new procedures.
- The procedures for determining eligibility regarding historic properties protection are also being revised to include a more detailed set of steps required to establish eligibility under the MSGP. A facility that is permitted under the 2008 MSGP will need to revisit their eligibility determination using the new procedures.
- EPA proposes to provide greater public access to a facility's SWPPP by requiring permittees to either provide a URL address for the SWPPP on the Notice of Intent (NOI) form or to provide specified information from the SWPPP on the NOI.
- Some of the effluent limits in Part 2 of the draft permit include greater specificity to clarify the requirements for permittees.
- The draft permit includes more specific requirements for corrective action, which must now be taken immediately (i.e., on the same day the problem was found) to minimize pollutant discharges. The draft permit also requires that a permanent solution be implemented expeditiously.
- EPA is proposing to change annual reporting from a summary of a single comprehensive site compliance assessment (which has been eliminated in the draft permit) to a summary of the past year's routine facility inspections and quarterly visual assessments of storm water discharges.
Apart from these general changes, several other proposed changes affect specific industrial sectors and facilities, to wit:
- Facilities that discharge storm water into saline waters will be subject to additional benchmark monitoring for metals;
- Facilities discharging to CERCLA (Superfund) sites listed in Appendix P will be ineligible for coverage under the MSGP unless the EPA regional office determines that the facility is eligible for coverage; and
- Sector-specific requirements for Sector G (Metal Mining), Sector H (Coal Mining), Sector J (Mineral Mining and Dressing) and Sector S (Air Transportation) have been modified.
When the new MSGP is issued, it will look and "feel" very similar to the 2008 MSGP; however, permittees will need to carefully review the new permit and incorporate applicable revisions into their storm water compliance programs.
Note: EPA recently extended the comment period on the draft permit until December 26, 2013. If you are interested in lodging comments on the draft permit, refer to the December 3, 2013 Federal Register (78 FR 72676) for information on how to do so.
Russ Boesch, CPEA, CHMM, is Senior Program Director with Specialty Technical Consultants, Inc. and has more than 25 years of experience conducting environmental compliance and management systems audits, regulatory analysis, and environmental management consulting. Russ has managed and performed numerous EHS compliance audits throughout the United States in a variety of industries including aerospace, automotive, utilities, pharmaceuticals, medical devices, optical devices, laboratories, foods, electronics, petroleum refining, and chemical manufacturing facilities; commercial hazardous waste TSDFs; cruise ships; educational institutions; and federal government installations. Russ has helped several large corporations design and implement audit programs by preparing facility- and state-specific audit protocols, conducting auditor training, and leading audit teams in the field.
A Certified Professional Environmental Auditor in the disciplines of Environmental Compliance and Responsible CareŽ Management Systems, Russ is also a Certified Hazardous Materials Manager.
For more information about this rule proposal, contact Russ at (603) 888-2952 or RBoesch@stcenv.com
