EPA Issues 2021 Multi-Sector General Permit For Industrial Stormwater Discharges – Environment

Seyfarth Synopsis: The U.S. Environmental
Protection Agency (EPA) issued the 2021 Multi-Sector General Permit
(“MSGP”) for industrial stormwater discharges on
January 15, 2021. The 2021 MSGP became effective on March 1, 2021
and replaces the 2015 MSGP for facilities in states with
EPA-managed NPDES Programs.

The 2021 MSGP replaces the 2015 MSGP, which expired and was
administratively continued on June 4, 2020. Beginning March 1,
2021, operators in affected jurisdictions must submit a new
Notice of Intent (“NOI”) to obtain authorization to
discharge in accordance with the deadlines set forth in Part 1.3.3.
of the 2021 MSGP. Table 1-2 of the 2021 MSGP lists NOI deadlines.
For example, facilities with existing coverage under the
2015 MSGP must submit their NOI by May 30, 2021. Affected
jurisdictions include:

• New Hampshire, New Mexico, Puerto Rico, Massachusetts, and
  Washington, D.C.;




• Idaho, until July 1, 2021, when NPDES permit management will
  transition to the Idaho Department of Environmental Quality;




• S. territories except the Virgin Islands;




• Federally operated facilities in Colorado, Delaware, Vermont,
  and Washington;




• Most Indian country lands; and




• Other designated activities in specific states (e.g., oil and
  gas activities in Texas and Oklahoma).

While limited to the referenced affected jurisdictions for now,
the changes incorporated in the 2021 MSGP will affect all state
programs eventually, when states renew their industrial stormwater
permits; several states will upgrade to the new MSGP before the end
of 2021.

The 2021 MSGP requires industrial facilities in 29 different
industrial sectors to implement control measures and develop and
make available to the public site-specific Stormwater Pollution
Prevention Plans (“SWPPP”) to comply with NPDES
requirements specific for each sector. New provisions in the 2021
MSGP include the following substantive technical, quasi-technical
and administrative changes which include the following and
eventually will impact all permittees:

1. The 2021 MSGP includes new or updated technical
   provisions:

• changes in frequency and reporting obligations for both
  indicator monitoring and benchmark monitoring;




• adds monitoring of polynuclear aromatic hydrocarbons (PAHs) for
  certain facilities;




• requires monitoring in the fourth year of the permit, even
  where benchmark monitoring has been allowed to be
  discontinued;




• requires increased monitoring for discharges to impaired
  waters;




• requires corrective actions in accordance with certain steps
  (“tiering”), first evaluating and implementing controls
  based on the SWPPP, then escalating to include additional control
  measures, and finally imposing permanent structural controls, and
  even treatment controls; and




• requires enhanced stormwater control measures in areas known to
  be impacted by weather conditions including flooding, hurricanes,
  storm surges, in advance of weather events. Measures might include
  reducing inventory of materials stored outside, or elevation of
  outside storage of materials.

2. There are also new quasi-administrative changes to the MSGP
   including:

• filing of and public disclosure of the facility SWPPP (it must
  now be uploaded with the NOI);




• site signage to alert the public that the site is subject to
  the 2021 MSGP and to alert the public of the existence of the
  SWPPP; and




• public disclosure of additional implantation measures (AIM), as
  may be required by an AIM triggering event, such as an exceedance
  of a benchmark threshold for four consecutive quarters.

3. Finally, there are administrative changes to the MSGP:

• the process, and the terms and conditions of the general
  permit, have been made more “user friendly”;




• the directions and permit have been updated to use “plain
  language” so that the requirements of the permit are clear to
  users, enforcement authorities, and the pubic;




• EPA has reportedly improved the security of the
  NPDES e-Reporting Tool (“NeT”) to “ensure
  organizations only have access to their permit forms and
  information.” NeT users will now “own,” or have
  access to specific NPDES identification information
  (“ID”), to prepare or submit: Changes to NOIs, Notices of
  Terminations, or Annual Reports associated with that NPDES ID.

Because of the new monitoring and control requirements, signage
requirements, requirements to upload SWPPPs with the NOI,and
requirements to make SWPPPs public, it is important that our
clients be aware of these changes as they are implemented in their
state.

Feel free to reach out to the authors, one of Seyfarth
Shaw’s Environmental Compliance, Enforcement &
Permitting team members, or your Seyfarth attorney with any
questions on this important topic.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.