Stormwater

General Permits

ReMA has been an advocate for the industry during the development and renewal of state general permits and the Federal Multi-Sector General Permit (MSGP) and has developed and provided information to members on stormwater management and compliance. In most cases, members apply for coverage to discharge stormwater under their state general permit; however, members in DC, ID, MA, NH, NM, and US territories apply for coverage under the Federal MSGP. Most state general permits resemble to varying degrees (some almost exactly) the Federal MSGP, but there still is significant variation in requirements across state general permits. For this reason, members should consult ReMA’s list of state stormwater general permits (below) to find their applicable general permit (state or Federal) and associated information. For assistance with stormwater management as required by their permit, members have access to stormwater information, tools, and guidance developed by ReMA for its members.

Stormwater Updates

On January 15, 2021, U.S. EPA finalized the Federal 2021 MSGP. The 2021 MSGP was published in the Federal Register on February 19, 2021 and became effective March 1, 2021 in DC, ID, MA, NH, and NM, as well as federal areas.

Current 2015 MSGP permittees must submit their Notice of Intent (NOIs) by May 30, 2021 via NeT MSGP. Prior to submitting the 2021 MSGP NOI, Stormwater Pollution Prevention Plans (SWPPPs) must be updated to meet the 2021 MSGP Part 6 requirements.

The 2021 MSGP contains several new requirements or changes relative to the 2015 MSGP:

• Posting a sign outside your facility with your MSGP information (Part 1.3.5);
• Consideration of stormwater control measures for major storm/extreme weather events (2.1.1);
• Indicator monitoring for pH, Chemical Oxygen Demand (COD), Total Suspended Solids (TSS) for Subsector N2 (MRFs) (4.2.1.1 and 8.N.6);
• Indicator monitoring for polycyclic aromatics hydrocarbons (PAHs) because of use of coal-tar sealants in areas of industrial activity (4.2.1.1);
• Benchmark monitoring (4.2.2 and 8.N.7);
• Discharges to impaired waters with no Total Daily Maximum Load (TMDL) (4.2.5.1.a);
• Additional Implementation Measures in follow-up to a benchmark exceedance (5.2); and
• Alternative Facility-Specific Benchmarks for Aluminum and Copper (5.2.6.4).

This presentation reviews these new or different provisions in the 2021 MSGP and provides a list of 2021 MSGP resources.

The 2021 MSGP was substantially shaped by a petition against the 2015 MSGP and the subsequent legal settlement (see earlier report). The settlement guided the development of the Proposed 2020 MSGP, largely by way of an EPA-sponsored study by the National Academies. ReMA addressed the National Academies on the challenges of industrial stormwater management as part of the study process. Much later, ReMA submitted substantial comments on the Proposed 2020 MSGP because of its many problematic provisions. ReMA’s comments eased several of these proposed problematic provisions (e.g., Universal monitoring, onerous aspects of the Additional Implementation Measures, MSGP eligibility related to Superfund sites and coal-tar sealants) prior to the Federal 2021 MSGP being finalized. 

Members with questions or needing assistance should contact David L. Wagger, Chief Scientist / Director of Environmental Management by e-mail or phone at 202-662-8533.