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EPA's New Stormwater Industrial Permit Requires Quick Action

OLD SAYBROOK, Conn.-(Business Wire)-October 3, 2008 - On Monday, the Environmental Protection Agency (EPA) announced the release of the 2008 Multi-sector General Permit (MSGP) in the Federal Register ― after a 3 year wait. The MSGP 2008 replaces the 2000 MSGP which expired in October 2005, and regulates and authorizes the discharge of stormwater associated with industrial activities. The permit was effective on September 29, 2008 and your stormwater plan must be in place before the Notice of Intent (NOI) submission deadline.

BLR^® encourages industrial business owners and facility operators who are impacted by the 2008 Multi-sector General Permit (MSGP) change to act quickly. The submission deadline for NOIs for existing permit holders and unpermitted current dischargers is Jan 5, 2009. Businesses not in compliance with stormwater requirements face up to $32,500 in fines per day.

“The structure of the 2008 MSGP differs greatly from the 2000 MSGP, providing greater distinction between effluent limitations and the requirements of the Stormwater Pollution Prevention Plan,” said Amanda Czepiel, JD, Legal Editor for Environmental Compliance at BLR. “Building owners and facility operators with industrial stormwater discharges should expect new monitoring and reporting requirements, and new procedures for determining eligibility under the Endangered Species and National Historic Preservation Acts and for calculating site-specific benchmarks.”

The new 2008 Multi-sector General Permit (MSGP) affects building owners and facility operators in 29 different industrial sectors located in five states where EPA is the permitting authority, Indian country, and at federal facilities in all 50 states. Many states also use the 2008 MSGP as a basis for the formulation of their own, state-specific permits. To help understand the new permit and its impact, BLR has made a number of resources available:

EHS Compliance Focus: EPA’s New Stormwater MSGP-2008: What You Need to Know Now (http://www.blr.com/product.cfm/product/17105060/source/PRS/ effort/129)

Summary of Permit Impact on Industrial Owners and Operators

Stormwater Pollution Prevention Plans will require revision to comply with 2008 MSGP before NOIs may be submitted for coverage.
Permittees will now be required to submit an annual report to EPA that includes findings from annual comprehensive site inspections and a summary of corrective action.
New reporting requirements apply to transfers, anticipated noncompliance, noncompliance, and planned changes.
There is now a waiting period of 30 days after a Notice of Intent has been posted on EPA’s eNOI website for operators who have correctly completed and submitted their Notices of Intent to provide for sufficient review by the Fish and Wildlife Service and/or the National Marine Fisheries Service.
There is some good news for permittees. EPA has added provisions enabling dischargers to avoid corrective action and subsequent monitoring requirements, and a waiver for inactive and unstaffed sites for benchmark monitoring and quarterly visual assessments.
The permit contains different requirements for new and existing discharges that are discharging to water with a total maximum daily load (TMDL) as compared with those without a TMDL.

What Owners and Operators need to do now to prepare:

Review Stormwater Pollution Prevention Plans and revise as needed to comply with the 2008 MSGP.
Become familiar with EPA’s electronic submission system, eNOI.
Determine eligibility under the Endangered Species Act and National Historic Preservation Act.
Prepare information concerning the receiving water body, using EPA’s new web-based tool, the Water Locator.
Prepare either a Notice of Intent or, if applicable, a No Exposure Certification.
Become knowledgeable of applicable industry sector-specific requirements.

For media who would like to talk to Stormwater subject-matter expert Amanda Czepiel, JD, Legal Editor for Environmental at BLR, please call (800) 727-5257 X2442 or email: Media@BLR.com

About Business & Legal Reports, Inc.

BLR^® is the leading compliance information services company dedicated to helping all-sized organizations and industries—and their employees—reduce their compliance-related legal exposure. We do this by helping our customers understand, adhere to, and achieve best practices related to safety (OHSA), environmental (EPA), and employment (HR and Compensation) regulatory compliance. Our award-winning products and services include compliance information, news & analysis, training, best practice guidance, and turnkey tools delivered in myriad formats—from online applications, live events, and websites to books & booklets, newsletters, CDs/DVDs, and posters. For more information, please visit www.BLR.com or call 1-800-727-5257.

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