EPA Proposes Re-issuance of General Permit for Stormwater Discharges from Industrial Activities Reply

The US Environmental Protection Agency (EPA) has proposed the reissuance of a National Pollutant Elimination System (NPDES) general stormwater permit from industrial activities. The 2013 Multi-Sector General Permit (MSGP) is mostly similar to the 2008 MSGP however there have been changes to clarify and streamline the permit and address errors. The comment period ends November 27, 2013.

Expiration of the 2008 MSGP

The 2008 MSGP expired at midnight on September 29, 2013. A new permit to replace it has not been issued. 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 are not required to submit a new Notice of Intent (NOI) for permit coverage until the MSGP is reissued, and must continue to comply with all of the requirements in the 2008 permit, including requirements for monitoring and reporting.

EPA has issued a memorandum concerning new facilities that begin discharging stormwater associated with industrial activity after September 29, 2013. This memorandum provides a “no action assurance” for the new facilities that comply with the requirements of the 2008 MSGP, subject to particular terms and conditions as set forth in the memorandum. Until the new MSGP is issued, new facilities are unable to file an NOI for coverage under the expired MSGP. Therefore, information for coverage of these new facilities under the terms of the 2008 MSGP is included in this link http://www.epa.gov/npdes/pubs/sw_msgp_naa.pdf

At this time EPA expects to reissue the MSGP in the spring of 2014. At that time all facilities desiring coverage under the MSGP, including those with administrative continuance under the 2008 MSGP, will 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 Lucy Servidio at 508-970-0033 ext. 114 or lservidio@capaccio.com or Colleen Walsh at 508.970.0033 ext. 129 or cwalsh@capaccio.com.