EPA Issues its New 2008 Multi-Sector General Permit for Stormwater Covering 29 Industrial Sectors

Effective Date and Coverage

Effective September 29, 2008 (73 FR 56572), EPA issued a new Multi-Sector General Permit (MSGP).  This permit replaces the MSGP 2000, which expired on October 31, 2005.  The new permit is effective in Regions 1, 2, 3, 5, 6, 9 and 10 and comprised of 34 separate regional permits covering the facilities located on lands described in Appendix C of the MSGP. Federal Facilities (as defined in the MSGP) located in Regions 4 and 8, as well as Indian Country (as defined in the MSGP) in Region 8, will not be covered by this permit but instead will be covered by general permits issued by each of those regions. The MSGP covers only those discharges and areas that are outside the scope of an individual State’s NPDES program authorization.

Delays in receiving certifications required by section 401 of the Clean Water Act have resulted in EPA indicating that coverage under the MSGP is not currently available in the State of Alaska (except Indian Country);State of Idaho, including Indian Country (except Duck Valley Reservation lands); Indian Country within the State of Oregon (except Fort McDermitt Reservation lands); and Federal Facilities and Indian Country within the State of Washington.  EPA will announce the availability of coverage under the MSGP for these areas as soon as the 401 certifications are completed, which they expect to occur by the end of 2008.

Permit Structure and Requirements

The MSGP is comprised of nine parts and a set of 11 appendices.  Parts 1-7 apply to all covered activities and facilities.  Part 8 imposes additional requirements on each of the 29 specific industrial sectors described therein and Part 9 sets out specific requirements applicable to individual States and Indian Country.  The appendices contain additional standard permit conditions, forms, and definitions that apply to all operators under the MSGP.  Appendix D lists the SIC codes which determine the particular industrial sector eligible for coverage under the MSGP.

To obtain authorization under the MSGP the facility must, among other things: select, design, install, and implement control measures to minimize exposure of pollutants to stormwater, meet applicable water quality based standards as well as non-numeric technology based effluent limits and numeric effluent limitations based upon effluent limitations guidelines for certain facilities; submit a complete and accurate Notice of Intent (NOI); and develop a Stormwater Pollution Prevention Plan (SWPPP).

In addition, the permittee is required to conduct monitoring for: certain benchmarks; determining compliance with effluent limitations guidelines; state and tribal specific requirements; assuring compliance with discharges to impaired waters; and, additional requirements which may be imposed by EPA.  In those areas where discharges are to water quality limited waters, the discharges must meet the water quality limited standards.  If discharges are to water quality impaired waters then additional requirements will apply. In addition, monitoring and reporting for certain metals now requires that samples be adjusted for actual hardness in the discharged waters. The deadline for filing the NOI for existing operations is January 5, 2009.  New dischargers commencing discharges after January 5, 2009, must generally submit the NOI a minimum of 60 days prior to starting the discharge.

The SWPPP must be prepared for the facility before submitting the NOI.  It must contain such information as the identity of the stormwater pollution prevention team, a site description and a summary of the potential pollutant sources, description of the control measures, schedules and procedures to be followed, as well as the documentation necessary to support compliance under the Endangered Species Act, National Environmental Policy Act and National Historic Preservation Act.

Exploration and Construction Coverage for Mining and Oil & Gas

The new MSGP covers most stormwater discharges associated with exploration and construction activities in the mining and oil & gas sectors, thus eliminating the need for a separate Construction Stormwater Permit.

Conditional Exemptions for Inactive and Unstaffed Mine Sites

The MSGP now provides a conditional exemption from the inspection and related certification requirements for those qualifying inactive and unstaffed mine sites.

Environmental Group Challenge Possible

A number of environmental groups have expressed dissatisfaction with a number of provisions of the MSGP, including EPA’s alleged failure to rely on numeric water quality standards as the basis for establishing the stormwater discharge effluent limitations.  At the same time they have expressed their satisfaction with the way EPA has handled a number of other aspects of the permit, including a prohibition on discharges to pristine, “Tier 3” waters, as well as the enhanced monitoring requirements, including those mandating the use of hardness adjustments for metals.

(Federal Register link to Notice of Permit: http://www.epa.gov/npdes/regulations/msgp2008_fr.pdf)

(Link to Permit:  http://www.epa.gov/npdes/pubs/msgp2008_finalpermit.pdf)