EPA Reissues NPDES Storm Water Multi-Sector General Permit for Industrial Activities

The EPA recently published a notice of the "Final Reissuance of National Pollutant Discharge Elimination System (NPDES) Storm Water Multi-Sector General Permit for Industrial Activities) at 65 FR 64746 October 30th, 2000). It is available online at www.epa.gov/fedrgstr/EPA-WATER/2009/February/Day-26/w4152.htm.

The Multi-Sector General Permit (MSGP) was effective October 1, 2000 and applies in states where the NPDES permit program has not been delegated: Maine, Massachusetts, New Hampshire, New Mexico, Arizona, and Idaho. The newly issued MSGP replaces the 1995 MSGP and applies to any facilities currently covered by the 1995 MSGP as well as any new facilities seeking coverage under the 2000 MSGP.

Changes from the 1995 MSGP are summarized in Section II of the notice. The most significant changes regard requirements pertaining to compliance with the National Historic Preservation Act (NHPA) and the Endangered Species Act(ESA). New requirements also clarify the prohibition of discharging to water quality impaired, water quality-limited or anti-degradations water quality receiving streams. Additional changes of significance regard the opportunity for facilities to obtain exemption from the permit program by certifying "no exposure."

Facilities already covered under the existing (1995) MSGP must certify

compliance with the revised ESA and NHPA requirements by January 29, 2000. To be covered under the reissued MSGP, facilities must be able to certify that their storm water discharges and Best Management Practices (BMPs)implemented to control storm water runoff do not affect a historic property or listed endangered or threatened species. A new list of species and their locations is provided in Addendum A to the permit notice.

The "No exposure" exemption is available to facilities that can certify to no exposure of storm water to facility pollutants by answering a 12 question checklist appended to the notice.

Facilities must also update their Storm water Pollution Prevention plans (SWPPs) to comply with any new requirements by January 29, 2001 or request and extension not to exceed 270 days. Facilities submitting EPCRA 313 reports have additional requirements to identify these pollutants in the SWPP.

The MSGP retains the same monitoring requirements as were found in the 1995 MSGP.

More information is available at www.epa.gov/owm/index.htm.