Filing An NOE? EPA now requires electronic submission Reply

Did you know? The EPA issued a new No Exposure Certification (NOE) form under the 2015 Multi-Sector General Permit on June 4, 2015. You now must submit your No Exposure Certification electronically using the NPDES eReporting Tool on the EPA Central Data Exchange CDX website, https://cdx.epa.gov/ unless you have a waiver from the EPA Regional office to use the paper form.

Please refer to the following guidance on using the NeT:

http://water.epa.gov/polwaste/npdes/stormwater/Stormwater-eNOI-System-for-EPAs-MultiSector-General-Permit.cfm

If you are given a waiver from your local EPA office corresponding to your facility location to use a paper NOE form, you may complete and submit the paper form available at:

http://water.epa.gov/polwaste/npdes/stormwater/uploadmsgp2015_appendixk.pdf

For assistance or further information, please contact msgp@capaccio.com.

Have you missed the August 3 deadline for Endangered Species? Reply

For existing permit holders

If you missed the August 3 deadline and realize you have endangered species on your property,  the EPA may be able to provide an expedited ESA review or provide an extension to the September 2, 2015 deadline on a case-by-case basis. Please call or email Lucy Servidio at CAPACCIO at 508-970-0033 ext. 114 or lservidio@capaccio.com for additional information. Visit our stormwater portal for valuable information and tools to assist you with your MSGP submittal on our home page at http://www.capaccio.com.

How could this cute little creature impact your stormwater NOI? Reply

LONG EARED BATAccording to the Natural Heritage & Endangered Species Program, the Northern Long-eared Bat is listed as Endangered and protected under the Massachusetts Endangered Species Act. This population of bat has been devastated by the spread of White-nose Syndrome, a type of fungus found in caves that grows over the bat during hibernation, causing them to periodically wake from hibernation, lose valuable stored fat, and fail to survive the winter.

While the delineation of most endangered species’ habitats are limited to certain areas like low lands, marshes, fields, etc, the critical habitat for the Northern Long-eared Bat is the entire state. As a result, when using the US Fish and Wildlife Service’s (FWS) “Information, Planning, and Consultation” (IPaC) mapping system to delineate your stormwater action area, the Northern Long-eared Bat will show up.  According to the instructions in Appendix E of the Multi-Sector General Permit (MSGP), “if you have determined that there are, or may be listed, species and/or designated critical habitat in your action area, you are not eligible under Criterion A and must complete the Criterion C Eligibility Form 30 days prior to submitting your NOI for permit coverage.” Therefore, all Massachusetts Notice Of Intent (NOI) filers under the MSGP would need to submit the Criterion C Eligibility Form by August 3, 2015.

In conversations with the EPA, this is not what they had intended.  According to the EPA, they are working with FWS to develop additional guidance for filers to use when making a Criterion A or Criterion C determination. Stay tuned. As soon as CAPACCIO has more information on this guidance, we will be sure to share it.

For more information about the MSGP, check the home page of our website www.capaccio.com where we have a Stormwater Information page which includes numerous resources like recorded webinars, presentation slides, and frequently asked questions regarding the MSGP. Feel free to submit a question through our Ask The Experts button on the home page of our website if you have any further questions.

More information about the Northern Long-Eared Bat is available at this link; http://www.mass.gov/eea/docs/dfg/nhesp/species-and-conservation/nhfacts/myotis-septentrionalis.pdf

Are you ready to comply with the new MSGP? Reply

The US Environmental Protection Agency’s (EPA) new 2015 Stormwater Multi-Sector General Permit (MSGP) has a September 2, 2015 deadline. Are you ready? Perhaps you attended our webinar and have started your groundwork, or maybe you are just beginning to explore the permit and your eligibility; either way the deadline will be coming up quickly and if you have endangered species or historic properties to contend with, there are items you will need to complete at least 30 days prior to filing your NOI, moving the deadline up even sooner.

Whether you have all the resources you need and simply would like a peer review, or require more in-depth help like filing your Notice of Intent (NOI) or creating a Stormwater Pollution Prevention Plan (SWPPP), CAPACCIO can help companies that:

-Never had coverage under MSGP and have not determined eligibility

CAPACCIO can evaluate whether your facility will meet the requirements of a No Exposure Certification; if not, we can help file the Notice of Intent (NOI) and create a Stormwater Pollution Prevention Plan (SWPPP).

-Are covered under the MSGP and have filed a No Exposure Certification in the past

CAPACCIO can conduct a No Exposure evaluation to determine whether the No Exposure Certification remains valid.

-Are covered under the MSGP, have filed a NOI in the past, and have an existing SWPPP

CAPACCIO can conduct a MSGP Gap Analysis to determine which elements of your existing programs meet the compliance requirements under the updated MSGP and which elements may need to be improved prior to the September 2, 2015 deadline.

-Are covered under the MSGP, and have the resources to update the SWPPP and submit the NOI

CAPACCIO can conduct a peer review of your SWPPP along with your NOI application and supporting documentation to determine if you have meet the MSGP requirements prior to submittal.

During our recent webinar with David Gray, PE, Environmental Engineer U.S. Environmental Protection Agency, Region 1 , we compiled an extensive list of questions and answers from more than 100 companies that are trying to determine their eligibility and best course of action. CAPACCIO can be your trusted advisor on these matters, large or small, and has the experience to provide these services quickly and cost-effectively.

To receive guidance, please contact one of our technical experts today.

Lucy Servidio, CHMM, TURP
508-970-0033 ext. 114
lservidio@capaccio.com

or

Wayne Bates, PhD, PE, ENV SP
508-970-0033 ext. 121
wbates@capaccio.com