New EPA MSGP Effective March 1 | Cornerstone Environmental

The new EPA Multi-Sector General Permit (MSGP) for stormwater became effective March 1, 2021. Existing facilities covered under the federal permit must submit a Notice of Intent to renew no later than May 30, 2021. Any facility newly applying for coverage must do so at least 30 days prior to their initiating discharge. Initially, the federal permit, commonly referred to as MSGP, only applies to states and territories covered under the federal regulations including Massachusetts, New Hampshire, New Mexico, and Idaho; however, other states could adopt and incorporate at least some of the changes into their state permits. As a result, it is advisable for facilities nationwide to take note of the changes in anticipation of future adoption.

Summary of Significant Changes in the New MSGP Permit

Public Information

Each previous version of the MSGP has included a Stormwater Pollution Prevention Plan (SWPPP). One of the updated requirements is that the location of the plans must be posted publicly on signage at the facility. EPA also added a requirement for signage at a covered facility to include the following information:

- - whether the facility has obtained MSGP coverage
  - the NPDES ID
  - facility contact name and phone number
  - the SWPPP location, and
  - EPA’s contact information for

Monitoring

A second notable change affects monitoring, which is regular testing of the facility’s discharge water for certain parameters or conditions. With the new permit, all facilities are required to conduct regular monitoring, rather than the previous requirement which only applied to certain industry types. The monitoring is broken down into categories:

- - Indicator monitoring – This is a new type. Industry sectors that had previously not been subject to monitoring are now required to complete quarterly testing. The results of this type of monitoring will be sent to EPA as “report only” information and the agency will not take any action based on the results.
  - Benchmark Monitoring – Industries subject to this monitoring type have target maximum levels of material discharge. If they go over, EPA will work with them to ascertain the cause and establish Additional Implementation Measures (AIM). See more on this below.
  - Effluent Limitations Guidelines Monitoring – Facilities subject to this type of monitoring have regulated limits of discharge they are permitted to make. If the limits are exceeded, EPA can issue violations and levy civil monetary penalties.
  - Impaired Waters Monitoring – Subject facilities may discharge into particular water bodies that EPA designates as “impaired”. These are particularly sensitive waterways which have either had past problems or are used for human activities. Discharge limits and monitoring in these cases are particularly stringent. If exceeded, EPA can issue violations and levy civil monetary penalties.

In addition, the agency issued revised benchmarks (the amount limits allowed in a water sample) for Aluminum, Arsenic, Cadmium, Copper, Iron, Magnesium, and Selenium for certain subsectors.

What is AIM?

Within the sector of facilities subject to benchmark monitoring, the new MSGP established a program of Additional Implementation Measures (AIM) for exceedances. With AIM, EPA laid out an explanation for how an exceedance would trigger agency intervention, the expected response from the facility and agency, a timeline, and a process for the facility to return to compliance, as well as some exceptions to this program.

What is an MSGP?

EPA’s 1990 stormwater regulations established NPDES permit requirements for industrial stormwater discharges. The rule also sets forth 11 categories of industry sectors, such as glass manufacturers, shipyards, or mining operations, to be covered. Within each sector, the regulated chemicals and work practice requirements are common, which allowed EPA to create one general permit with industry specific items for each sector, known as a Multi-Sector General Permit. When a facility in one of these sectors newly applies for a permit, the applicant and EPA will engage in discussions regarding the advantages and disadvantages of an individual NPDES permit for the facility versus the MSGP for their sector. If they are not able to agree on the best course of action, legal action in court may be filed in order to reach a determination. EPA is mandated to review and update the Multi-Sector General Permits every 5 years.

State Applicability

It is important to note the revised MSGP does not currently apply to facilities in states, such as Indiana, that are NPDES-delegated and assumed jurisdiction over the stormwater permit program for facilities in their state. At the time of EPA adoption, only Massachusetts, New Hampshire, New Mexico, Idaho, Washington DC, American Samoa, Guam, Puerto Rico, and some other small island territories will immediately be subject to these changes.

More Information

Additional information can be found on EPA's website at: https://www.epa.gov/npdes/stormwater-discharges-industrial-activities-epas-2021-msgp The Federal Register post is available at: https://www.govinfo.gov/content/pkg/FR-2021-02-19/pdf/2021-03391.pdf Cornerstone’s water regulation experts also are available to assist in determining the new permit’s impact on your facility. Contact us at info@corner-enviro.com.