Federal NPDES Stormwater Annual Site Inspections Due by September 29 Reply

Have you conducted your Stormwater Annual Site Inspection? Companies with coverage under the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activity must conduct an Annual Comprehensive Site Inspection by September 29, 2014. The period for the inspection is September 29, 2013 – September 29, 2014. The annual comprehensive site inspection includes an inspection of the areas where industrial activity may be exposed to stormwater, and a review of corrective actions taken during the reporting period. The Annual Reporting Form (Appendix I of the MSGP) must be mailed to the EPA within 45 days after completion of the inspection.

The 2008 MSGP expired at midnight on September 29, 2013. Facilities that obtained coverage under the 2008 MSGP prior to its expiration are automatically granted an administrative continuance of permit coverage. The administrative continuance will remain in effect until a new permit is issued. Those facilities already covered under the 2008 MSGP must continue to comply with all of the requirements in the 2008 permit, including requirements for monitoring and reporting.

EPA expects to reissue the MSGP in September 2014. A draft MSGP was published in the federal register on September 27, 2013. All facilities that want coverage under the MSGP, including those with administrative continuance under the 2008 MSGP, will then need to submit NOIs for permit coverage. Please visit EPA’s website to download the proposed permit and fact sheets. http://cfpub.epa.gov/npdes/stormwater/msgp.cfm

If you have any questions or need assistance please contact Colleen Walsh at 508.970.0033 ext. 129 or cwalsh@capaccio.com or Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.

Highlights of EPA’s 2013 Proposed Multi-Sector General Permit Reply

There are not a lot of changes between the 2008 Multi-Sector General Permit (MSGP) and the proposed 2013 MSGP. The draft 2013 MSGP includes mostly modified requirements from the 2008 MSGP. Following are the most significant changes.

Inspections and Annual Report

Draft 2013 MSGP: No requirement for an annual comprehensive site inspection; Perform quarterly facility inspections and summarize those results in the annual report; Annual report summarizing previous year’s activities – submitted electronically by January 30 of each year

2008 MSGP: Routine Facility inspections must be conducted at least quarterly;
Annual Comprehensive Site Inspection conducted by September 29 each year and submit a report to the EPA annual within 45 days of the inspection

Public availability

Information about a facility’s Stormwater Pollution Prevention Plan (SWP3) must be available to the public
o A facility can post its SWP3 online and provide a URL when submitting its Notice of Intent
o Or the facility can provide the following on the Notice of Intent (NOI) application:
 Description of onsite industrial activities exposed to stormwater and potential spill and leak areas
 List of pollutants associated with each industrial activity exposed to stormwater
 Description of control measures
 Schedule for good housekeeping, maintenance, and required inspections

Electronic Reporting

The draft 2013 MSGP requires that all NOIs, Notices of Termination (NOTs), annual reports, Discharge Monitoring Reports (DMRs), and certain other reporting information be submitted electronically, unless the operator has received a waiver from the EPA Regional office. Waivers are only granted for a one-time use for a single information submittal.

Allowable Non-Stormwater Discharges

Previous permits authorized wash water to be discharged as long as there were no detergents or toxic/hazardous spill material present in the discharge. In addition to detergents, hazardous cleaning products have been specifically prohibited from being discharged under the 2013 MSGP. Washwaters that have come into contact with oil and grease deposits or any other toxic or hazardous materials have been prohibited, unless the deposits have been cleaned up using dry clean-up methods.

Endangered Species Requirements

The procedures operators are required follow to establish their eligibility with regard to protection of threatened and endangered species and critical habitat (Appendix E and Part 1.1.4.5) has been revised to be consistent with the Endangered Species Act.

EPA is now requiring the process be documented by filling out and submitting a worksheet. All operators seeking coverage under the 2013 MSGP must make their eligibility determination in accordance with the requirements in the new permit. Operators cannot check the same criteria they selected in the 2008 MSGP without following the procedures in Appendix E.

Historic Properties Preservation

Appendix F includes a more detailed procedure for determining operator eligibility regarding historic properties in accordance with the National Historic Preservation Act. All operators seeking coverage under the draft 2013 MSGP must make their eligibility determination in accordance with the requirements in the new permit. Operators cannot check the same criteria they selected in the 2008 MSGP without following the procedures in Appendix F.

Corrective Action

The draft 2013 MSGP includes additional specificity with regard to what is considered to be an adequate corrective action. Corrective action steps are now required to be taken immediately in order to ensure that pollutant discharges are minimized. Subsequent action must be taken to install a new or modified control and make operational, or complete the repair, before the next storm event if possible, and within 14 calendar days from the discovery of the condition.

Discharges to a Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Site

The draft 2013 MSGP makes facilities discharging to CERCLA sites as defined in Appendix A and listed in Appendix P ineligible for coverage under the permit unless the applicable EPA Regional Office has determined that the facility is eligible for permit coverage. In determining eligibility for coverage, the EPA Regional Office may evaluate whether the facility has included appropriate controls and implementation procedures designed to ensure that the discharge will not lead to recontamination of aquatic media at the CERCLA Site.

Below is the link to the Draft National Pollutant Discharge Elimination System (NPDES) MSGP for Stormwater Discharges From Industrial Activities that was published in the federal register on September 27, 2013:

https://www.federalregister.gov/articles/2013/09/27/2013-23660/draft-national-pollutant-discharge-elimination-system-npdes-general-permit-for-stormwater-discharges

Comments must be submitted to the EPA within 60 days.

For more information on the draft notice from the EPA, or for assistance with your permit, please contact Colleen Walsh at 508.970.0033 ext. 129 or cwalsh@capaccio.com or Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com.