Stormwater

General Permits

ReMA has been an advocate for the recycled materials industry during the development and renewal of state general permits and the Federal Multi-Sector General Permit (MSGP). ReMA 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, MA, NH, NM, PR, 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.

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).

The 2021 MSGP has an expiration date of February 28, 2026. It usually takes a year or more for EPA to review, amend as necessary, and issue the next MSGP through a public notice and comment process. In mid-December 2024, EPA “surprisingly” issued a Proposed 2026 MSGP without undertaking first the usual Executive Order (EO) 12866 Regulatory Planning and Review process (lasting 45-90 days). Apparently, the Proposed 2026 MSGP could not have emerged from the EO 12866 process by January 20, 2025 so went straight to public comment “as-was”.

Likely as a result, the Proposed 2026 MSGP contained numerous deficiencies, and its regulatory docket lacked substantial vital information that made commenting on it virtually impossible within the 60 days for public comment. In February 2025 and again in April 2025, EPA extended the comment deadline, first to April 4, and then to May 19, 2025. ReMA submitted lengthy comments on the Proposed 2026 MSGP, detailing its numerous deficiencies and requesting its withdrawal for substantial review and revision. EPA did not withdraw the Proposed 2026 MSGP.

ReMA understands that EPA is reviewing comments on the Proposed 2026 MSGP for development of a new proposal. It is likely that EPA will issue a new proposed 2026 MSGP before the expiration date of the 2021 MSGP (February 28, 2026), if not before the end of 2025. The final 2026 MSGP is expected to be issued after the 2021 MSGP expires. In that case, EPA will administratively extend the deadline of the 2021 MSGP to allow for an orderly transition to the 2026 MSGP.

ReMA will update this page with new developments on the 2026 MSGP.

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.