Frequently Asked Questions: NPDES MSGP Permit

NPDES MSGP Permit Frequently Asked Questions

What is the NPDES MSGP, and why is it important for developers to understand?

The National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) is a permit issued by the U.S. Environmental Protection Agency (EPA) that regulates stormwater discharges associated with industrial activities. It is important for developers to understand the NPDES MSGP because it sets forth requirements for managing and minimizing pollutants in stormwater runoff from industrial facilities, which can impact the development process and ongoing operations.

What types of projects, activities, or facilities are subject to the NPDES MSGP?

The NPDES MSGP covers a wide range of industrial activities, including manufacturing, mining, oil and gas extraction, hazardous waste treatment, and transportation. Facilities engaged in these activities that discharge stormwater to waters of the United States, either directly or through a separate storm sewer system, are required to obtain coverage under the MSGP. Construction activities disturbing one or more acres are also subject to stormwater permitting requirements.

How can developers determine if their project or facility is required to comply with the NPDES MSGP?

Developers should carefully review the list of industrial activities covered by the MSGP, as well as the specific eligibility criteria outlined in the permit. Factors to consider include the type of industrial activity, the potential for exposure of pollutants to stormwater, and the facility's discharge points. Consultation with environmental professionals and regulatory agencies can help developers make an accurate determination.

Are there any exemptions or exclusions from NPDES MSGP requirements?

Yes, certain stormwater discharges are exempt from NPDES MSGP permitting requirements. These include discharges from agricultural and silvicultural activities, as well as certain discharges associated with oil and gas exploration, production, processing, or treatment operations. Developers should carefully review the specific exemption criteria to determine if their project qualifies.

What are the key components of the NPDES MSGP application process?

To obtain coverage under the NPDES MSGP, facilities must submit a Notice of Intent (NOI) to the EPA or the authorized state/territorial agency. The NOI must include facility information, discharge points, and a certification that a Stormwater Pollution Prevention Plan (SWPPP) has been developed. The SWPPP is a critical component of the application, outlining the best management practices (BMPs) and control measures to be implemented to minimize pollutant discharges.

What are the most important elements of a successful SWPPP?

A successful SWPPP should be comprehensive, site-specific, and tailored to the unique characteristics and activities of the facility. Key elements include:

• Identification and assessment of potential pollutant sources
• Selection and implementation of appropriate BMPs and control measures
• Regular inspections and monitoring to evaluate the effectiveness of BMPs
• Employee training and education on stormwater management practices
• Procedures for responding to spills, leaks, and other emergencies
• Recordkeeping and reporting mechanisms to demonstrate compliance

What are the key factors that influence the timeline and complexity of complying with the NPDES MSGP?

The timeline and complexity of NPDES MSGP compliance can vary depending on several factors, including the size and scope of the project, the industrial sector, the site's environmental characteristics, and the facility's existing stormwater management practices. Developing a comprehensive SWPPP, implementing BMPs, and establishing monitoring and reporting procedures can be time-consuming and may require the involvement of multiple stakeholders. Developers should plan accordingly and allocate sufficient resources to ensure timely compliance.

How can developers prepare for and manage public participation and stakeholder engagement related to the NPDES MSGP?

Public participation is an important aspect of the NPDES MSGP process. Developers should be prepared to engage with local communities, environmental organizations, and other stakeholders to address concerns and incorporate feedback. Strategies for managing public participation include:

• Proactively communicating project information and stormwater management plans
• Holding public meetings or information sessions to solicit input
• Establishing a mechanism for receiving and responding to public comments
• Collaborating with stakeholders to identify mutually beneficial solutions
• Maintaining transparency and accessibility throughout the permitting process

What are the ongoing compliance obligations for projects or facilities subject to the NPDES MSGP?

Facilities covered under the NPDES MSGP have ongoing compliance obligations, including:

• Implementing and maintaining BMPs as specified in the SWPPP
• Conducting regular facility inspections and visual assessments of stormwater discharges
• Performing benchmark monitoring and effluent limitation monitoring, as required
• Taking corrective actions to address any deficiencies or exceedances
• Providing training and education to employees on stormwater management practices
• Maintaining records of inspections, monitoring results, and corrective actions
• Submitting annual reports to the permitting authority

What are the potential consequences of non-compliance with the NPDES MSGP?

Non-compliance with the NPDES MSGP can result in enforcement actions, penalties, and potential damage to the environment. Consequences may include administrative orders, civil penalties of up to $56,460 per day per violation, criminal penalties, and permit revocation. Prompt reporting of non-compliance and demonstrating a good-faith effort to return to compliance can help mitigate enforcement risks.

How can technology help facilitate compliance with the requirements of the NPDES MSGP?

Technology can play a significant role in streamlining and enhancing NPDES MSGP compliance. Tools and platforms that can assist developers include:

• Geographic Information Systems (GIS) for mapping and analyzing site characteristics
• Stormwater modeling software to predict runoff volumes and pollutant loads
• Environmental data management systems (EDMS) for storing and analyzing monitoring data
• Remote sensing and aerial imagery for site assessment and monitoring
• Mobile applications and field data collection tools for inspections and reporting

What are some common pitfalls to avoid when navigating the NPDES MSGP compliance process?

Common pitfalls to avoid include:

• Inadequate SWPPP development that fails to address all potential pollutant sources
• Incomplete or inaccurate NOI submission lacking required information
• Failure to properly implement, maintain, or document BMPs as specified in the SWPPP
• Inadequate recordkeeping and reporting, including missed deadlines or incomplete records
• Non-compliance with sector-specific requirements, such as benchmarks or effluent limitations

What are some recent changes or updates to the NPDES MSGP that developers should be aware of?

Notable changes and updates to the NPDES MSGP include:

• The 2021 NPDES MSGP, which replaced the 2015 MSGP, includes new requirements and modifications such as streamlined authorization for low-risk facilities and updated benchmark monitoring requirements.
• The Supreme Court's decision in Hawai'i Wildlife Fund v. County of Maui, which clarified permitting requirements for discharges that reach navigable waters through groundwater.
• The vacatur of the Navigable Waters Protection Rule and the EPA's intent to revise the definition of "waters of the United States" (WOTUS) through a new rulemaking process.

Developers should stay informed about these changes and consult with environmental professionals to ensure ongoing compliance.

Where can developers find additional resources and guidance on the NPDES MSGP?

Developers can find valuable resources and guidance on the NPDES MSGP through the following:

• EPA's NPDES MSGP Website
• Industrial Stormwater Monitoring and Sampling Guide
• Developing Your Stormwater Pollution Prevention Plan: A Guide for Industrial Operators
• NPDES eReporting Tool (NeT)
• Industrial Stormwater Fact Sheet Series

These resources, along with the support of environmental professionals and regulatory agencies, can help developers navigate the complexities of the NPDES MSGP and develop effective stormwater management strategies.