EPA s 2015 Multi-Sector General Permit (MSGP) August 13, 2015 Suzanne Warner U.S. EPA, Region 1 617-918-1383 warner.suzanne@epa.gov David Gray, P.E. U.S. EPA, Region 1 617-918-1577 gray.davidj@epa.gov
EPA s NPDES Permit Program Clean Water Act, 1972 Stormwater amendments, 1987 SW associated w/ industrial activity (3 - MSGP) Point Source Discharge of pollutants Waters of the United States (1) (2)
Does my facility need a permit? Is the primary activity at your facility described by one of the categories of industrial activity included in the 29 sectors of the MSGP AND Is this primary industrial activity exposed to stormwater that discharges to a Waters of the U.S. through a discrete conveyance
Regulated Sectors (SIC to NAICS Crosswalk) Standard Industrial Classification (SIC) System: www.osha.gov/pls/imis/sicsearch.html North American Industry Classification System (NAICS): www.census.gov/eos/www/naics/
What s My Primary Industrial Activity? Where a facility is engaged in activities described by multiple SIC/NAICS codes, determination is based on: the value of receipts or revenues for each operation, or if this information is not available, the operation that employs the most personnel If the vast majority of on-site activity falls within one SIC code, that activity may be the primary industrial activity)
How to Obtain Authorization Be an operator of a primary industrial activity in a sector covered by this permit (see Appendix D); Be located in a state, territory, or Indian country, or be a federal operator where EPA is the permitting authority; Meet the Part 1.1 eligibility requirements; Select, design, install, and implement control measures to meet numeric and non-numeric effluent limits; Develop a SWPPP or update your existing SWPPP; and Submit a complete and accurate NOI AC MA/NH
Limitations on Coverage (Can t use MSGP) The following stormwater discharges are ineligible: Mixed with unauthorized non-stormwater discharges Associated with construction disturbing >1-acre Authorized by a current or previous individual permit, unless EPA approves in writing Adversely affect endangered species or related habitat, or historic properties To a water designated as Tier 3 (Outstanding Natural Resource Water) by a State or Tribe
Allowable Non-Stormwater Discharges (Part 1.1.3.1) Discharges from emergency/unplanned fire-fighting activities; Fire hydrant flushings; Potable water, including water line flushings; Uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gases or liquids; Irrigation drainage; Landscape watering provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling;
Allowable Non-Stormwater Discharges (Part 1.1.3.1), continued Pavement wash waters with exceptions Routine external building washdown waters with exceptions Uncontaminated ground water or spring water; Foundation or footing drains where flows are not contaminated with process materials; and Incidental windblown mist from cooling towers that collects on rooftops or adjacent portions of your facility, but not intentional discharges from the cooling tower (e.g., piped cooling tower blowdown; drains).
For All Other Non-Stormwater Discharges Prior to NOI submission, document in SWPPP that: Unauthorized discharges have been eliminated and the actions taken to do so; or A separate NPDES permit was obtained
Can I Avoid the Need for Permit Coverage?
No Exposure Certification for Exclusions from Stormwater Permitting A NPDES permit authorization is not required where an Operator certifies to a condition of no exposure, i.e.,: All industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff Available on a facility-wide basis only (not by individual discharges) New certification due every five years Must file an NOI if exposure conditions change
No Exposure Certification
Storm Resistant Shelter Not required for: Non-industrial areas (e.g., parking lot) Adequately maintained vehicles (e.g., fork lift) Sealed drums or tanks without taps or valves Certain above ground storage tanks (ASTs) Certain materials or activities that pose little threat of stormwater pollution Dumpsters with lids that cannot leak
Storm Resistant Shelter May be acceptable to use: Shelters with roofs only, but runon/runoff must be prevented Temporary covers (e.g., tarps) - may require case-by-case determination by EPA
Timeline for Filing an NOI
Operator Category NOI Submission Deadline Operators authorized under the 2008 MSGP NLT 9/2/2015, unless EPA notifies you that your deadline is extended Operators that commenced discharging between 9/30/2013 9/2/2015, and have been operating consistent with EPA s no action assurance memoranda ASAP, but NLT 9/2/2015, unless EPA notifies you that your deadline is extended Operators that commence discharging after 9/2/2015, or operators seeking coverage for dischargers previously covered under an individual permit or an alternative general permit. A minimum of 30 days prior to commencing discharge New operators of existing industrial activities with discharges previously authorized under the 2015 MSGP. A minimum of 30 days prior to the date of transfer of control to the new operator Operators of industrial activities that began discharging prior to 9/2/2015, but not covered under the 2008 MSGP or another NPDES permit and not operating consistent with EPA s no action assurance memoranda Immediately, to minimize the time discharges from the facility will continue to be unauthorized
Extended Timelines based on New Eligibility Criteria Endangered Species Protection Must submit a Criterion Selection Worksheet to EPA at least 30 days prior to filing your NOI if Federally listed threatened or endangered species or their designated critical habitat(s) are likely to occur in or near your facility s action area, and your industrial activity s discharges and discharge-related activities are not likely to adversely affect listed threatened or endangered species or critical habitat (Criterion C)
Extended Timelines based on New Eligibility Criteria Historic Properties Protection If historic properties potentially exist and may be impacted by your construction or installation of control measures, you must contact the State Historic Preservation Office at least 30 days prior to filing your NOI
Extended Timelines based on New Eligibility Criteria New Dischargers to Water-Quality Impaired Waters (See Part 1.1.4.8) If you are a new discharger (See Appendix A), must provide information to Regional Office, at least 30 days prior to submitting your NOI, documentation supporting conclusion that discharge is expected to meet applicable water quality standards
Review your 2008 NOI Existing enoi System will remain available as a legacy system to search 2008 MSGP NOIs, NOEs, etc. http://ofmpub.epa.gov/apex/aps/f?p=msgp_2008:home:0::::: No longer need permit coverage?: file an NOT using the enoi System or mail a paper NOT Form
NPDES ereporting Tool (NeT) NeT replaces the original enoi System used for the 2008 MSGP http://water.epa.gov/polwaste/npdes/stormwater/stormwater- enoi-system-for-epas-multisector-general- Permit.cfm#NetDMR
Changes to Notice of Intent (NOI) Provides EPA with more complete information to determine eligibility Enables EPA to inform the operator of its specific monitoring requirements Operators now need to include in their NOI: Latitude/longitude of each stormwater outfall If facility dischargers to saltwater
Signatories for NOI (and SWPPP, DMRs, Reports, etc ) NOIs, NOTs, and NOEs Certified by a responsible corporate officer; either a general partner or the proprietor; or either a principal executive officer or ranking elected official SWPPPs, Annual Report, DMRs, inspection reports, and corrective action reports Certified by a person noted above, or a or duly authorized representative of that person All other changes to your SWPPP, and other compliance documentation Person preparing the change or documentation
Non-Numeric Technology- Based Effluent Limits and Control Measures
Non-Numeric Technology-Based Effluent Limits Minimize Exposure Good Housekeeping Maintenance Spill Prevention & Response Erosion & Sediment Control Management of Runoff Salt Storage Piles Employee Training Non-Stormwater Discharges Dust Generation and Vehicle Tracking of Industrial Materials
Non-Numeric Technology-Based Effluent Limits (TBELs) 2015 MSGP includes greater level of clarity and specificity for several TBELs: Minimizing Exposure Instead of pay particular attention to certain control measures, now must implement these control measures unless infeasible Good Housekeeping More specific measures, e.g.: Keep all dumpster lids closed when not in use Maintenance - More specific measures, and uses the timeframes from the permit s corrective action provisions, e.g.: Cleaning catch basins when the depth of debris reaches twothirds (2/3) of the sump depth and keeping the debris surface at least six inches below the lowest outlet pipe.
Non-Numeric Technology-Based Effluent Limits (TBELs) 2015 MSGP includes greater level of clarity and specificity for several TBELs (continued) Spill Prevention & Response Clarified and added more specific measures, e.g.: Keep spill kits on-site, located near areas where spills may occur or where a rapid response can be made Employee Training Refined specific personnel that require training if related to the scope of their job duties e.g.,: Only personnel responsible for conducting inspections need to understand how to conduct inspections
Stormwater Pollution Prevention Plan (SWPPP)
SWPPP Purpose & Updating a tool to assist both the operator and inspectors in ensuring and documenting that effluent limits are met Living document that must be kept up-to-date when control measures are modified or replaced Permit violation if you fail to develop and maintain an up-to-date SWPPP
SWPPP Preparation Prepared in accordance with good engineering practices and to industry standards May be developed by either a person on your staff or a third party, but it must be developed and certified by a qualified person
SWPPP Preparation A qualified person is a person knowledgeable in the principles and practices of industrial stormwater controls and pollution prevention, and possesses the education and ability to assess conditions at the industrial facility that could impact stormwater quality, and the education and ability to assess the effectiveness of stormwater controls selected and installed to meet the requirements of the permit.
SWPPP - Documentation Minor changes to documentation requirements to ease operator burden Can now comply with a few straightforward control measures (*) by including the effluent limits verbatim in your SWPPP without need for additional detail, e.g.: Plainly label containers (e.g., Used Oil, Spent Solvents, Fertilizers and Pesticides ) that could be susceptible to spillage or leakage to encourage proper handling and facilitate rapid response if spills or leaks occur;*
SWPPP - Availability Change provides two options for making SWPPP publically available: 1. Provide a web URL for SWPPP on your NOI; or 2. Provide select SWPPP information on your NOI Agency priority to enhance transparency and accessibility of NPDES documentation Difficulty of obtaining facility and discharge information often made it more difficult for public to protect their local resources Vital for protecting water quality and provides a powerful incentive to improve compliance and performance
Inspection, Monitoring & Corrective Actions
Inspections Three Two types of inspections required: Routine facility inspections (at least quarterly) Quarterly visual assessments (quarterly) Comprehensive site inspections (annually) Performed by qualified personnel with at least one member of SWPPP Team * Permit retains exception to routine inspections and visual assessments for inactive and unstaffed sites where industrial materials are not exposed to stormwater
Routine Facility Inspections Must look for: Industrial materials, residue or trash that may have or could come into contact with stormwater Leaks or spills from industrial equipment, drums, tanks and other containers Offsite tracking of industrial or waste materials, or sediment where vehicles enter or exit the site Tracking or blowing of raw, final or waste materials from areas of no exposure to exposed areas Control measures needing replacement, maintenance or repair
Routine Facility Inspections Performed when facility is in operation At least one inspection per year must be done while a stormwater discharge is occurring Discharge points must also be observed during. (If inaccessible, nearby downstream locations must be inspected) Must observe control measures to ensure they are functioning correctly
Routine Facility Inspection Documentation Inspection date, time, weather Name and signature of inspector All observations relating to control measures: Description of any active discharges Previously unidentified site discharges or pollutants Evidence or potential of/for pollutants entering the drainage system Physical condition of and around all outfalls Control measures needing maintenance, repairs, or replacement Incidences of noncompliance Additional control measures needed *Not required to submit unless requested by EPA
What to look for during an inspection Poor Housekeeping Exposure of potential pollutants (e.g., core batteries) Spills or leaks Unauthorized non-stormwater discharges
Quarterly Visual Assessments Collect a grab sample from each outfall within first 30 minutes of measurable storm event (or as soon as practicable thereafter) Modified requirements for situations involving adverse weather, snow melt, climates with irregular stormwater runoff For outfalls that are substantially identical, only one sample is required, with outfalls assessed on a rotating basis
Quarterly Visual Assessments Visually inspect sample for the following: Color Odor Clarity (diminished) Floating solids Settled solids Suspended solids Foam Oil Sheen, and Other obvious indicators of stormwater pollution
Quarterly Visual Assessment Documentation Must certify in SWPPP: Sample location(s) Date/Time of sample collection and assessment Person collecting sample and performing assessment Nature of discharge (runoff or snowmelt) Results of observations Probable sources of any observed contamination If applicable, why not possible to sample in 1st 30 min. *Not required to submit unless requested by EPA
Discharge Monitoring Potential Monitoring Benchmark Monitoring Effluent Limitation Guidelines Monitoring Impaired Waters Monitoring State or Tribal-Specific Monitoring Other Monitoring Required by EPA
EPA monitoring guidance available at: www.epa.gov/npdes/ pubs/msgp_monitori ng_guide.pdf
Requirements For All Monitoring Monitor each outfall (unless designated as substantially identical outfall) Sample storm events with actual discharges ( measurable storm event ) that follows preceding event by at least 3 days Use grab samples from discharge within first 30 minutes of measurable storm event (or as soon as practicable thereafter) Use EPA-approved analytical methods Report all sample results using NetDMR
Benchmark Monitoring Quarterly monitoring required during a minimum of four consecutive quarters of permit coverage beginning with Oct 1, 2015 Dec 31, 2015 May be modified where documented in SWPPP. Not required for inactive and unstaffed sites where industrial materials are not exposed to stormwater. No sector-specific benchmark monitoring for Sector AC
Impaired Waters Monitoring If approved TMDL does not exist for the pollutant: Monitor annually at each outfall beginning Oct 1, 2015 (or first full quarter after permit authorization if authorized after Sep 2, 2015) Monitor for all pollutants causing an in-stream impairment and for which a Part 136 analytical method exists Discontinue monitoring after 1 year if pollutant: Not detected above natural background levels Not detected and not expected to be present in discharge Is present solely due to natural background sources (same natural background exception as for Benchmark Monitoring)
Impaired Waters Monitoring If approved TMDL does exist for the pollutant: No monitoring for the pollutant(s) of concern is required until EPA notifies you that you are subject to monitoring consistent with the assumptions and requirements of the applicable TMDL and its wasteload allocation EPA s notice will include specifications on monitoring parameters and frequency Permittees must consult the appropriate EPA Regional Office for guidance regarding required monitoring under this Part
Impaired Waters Monitoring You discharge to an impaired water if: The first water of the U.S. to which you discharge is identified by a state, tribe or EPA as not meeting an applicable water quality standard, and: Requires development of a TMDL (pursuant to section CWA 303(d)); Is addressed by an EPA-approved or established TMDL; or Is not in either of the above categories but the waterbody is covered by a pollution control program that meets the requirements of 40 CFR 130.7(b)(1). Note: For discharges that enter a separate storm sewer system prior to discharge, the first water of the U.S. to which you discharge is the waterbody that receives the water from the storm sewer system.
Impaired Waters Monitoring EPA s NeT includes a feature to locate receiving waters near your facility/outfalls based on latitude and longitude you provide NeT will provide impairment status You must confirm these receiving waters and impairment status as necessary using state resources or contacting Regional Office
Massachusetts 2012 Integrated List of Waters http://www.mass.gov/eea/agencies/massdep/water/watersheds/2012- integrated-list-of-waters.html
Massachusetts Interactive Mapping of the 2012 Integrated List of Waters http://www.mass.gov/eea/agencies/massdep/water/watersheds/2012- integrated-list-of-waters.html
Impairment & TMDL Status of Waterbodies Available from NHDES Watershed Report Cards or 303(d) List http://www2.des.state.nh.us/watershed_swqa/watershed_swqa.aspx
NHDES Watershed Report Cards and Assessment Data Interactive Mapping http://www2.des.state.nh.us/watershed_swqa/swqa_map.aspx
http://www.epa.gov/region1/npdes/stormwater/
Corrective Actions Actions required in response to triggering conditions : Investigate the problem Document the problem (include with Annual Report) Modify control measures to prevent recurrence Some require modifications, others only require review to see if modifications are necessary
Corrective Actions Must review and revise control measures if: An unauthorized release or discharge occurs A discharge violates a numeric effluent limitation Control measures are not stringent enough to meet applicable WQS or non-numeric effluent limits Visual assessments show your control measures were never installed, not installed correctly, or are not properly operated and maintained. Visual assessment shows evidence of stormwater pollution (e.g., color, odor, floating solids, settled solids, suspended solids, foam)
Corrective Actions Must review the selection, design, installation, and implementation of your control measures if: Changes in facility design, operation, or maintenance significantly changes the nature or quantity of pollutants discharged Average of four (4) benchmark monitoring samples exceeds benchmark concentration (or mathematically certain if less than four samples)
Corrective Actions New concepts included for the type of actions required and requisite deadlines: Immediate Actions Subsequent Actions Revised documentation requirements
Immediate Actions Corrective Actions You must immediately take all reasonable steps necessary to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational Includes cleaning up any contaminated surfaces so that the material will not discharge in subsequent storm events
Immediate Actions Corrective Actions Immediately requires you to, on the same day a condition requiring corrective action is found, take all reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational If a problem is identified at a time in the work day when it is too late to initiate corrective action, initiation of corrective action must begin no later than the following work day
Immediate Actions Corrective Actions All reasonable steps means that the you have undertaken initial actions to assess and address the condition causing the corrective action, including, for example: sweeping up any exposed materials that may be discharged in a storm event or scheduling a new BMP to be installed at a later date
Subsequent Actions Corrective Actions Additional actions necessary beyond immediate actions (e.g., install a new or modified control and make it operational, complete the repair) Complete before the next storm event if possible, and within 14 calendar days from the time of discovery If it is infeasible to complete within 14 calendar days, you must document why Identify schedule for completing the work, which must be done as soon as practicable and 45 days after discovery
Corrective Actions Effect on Compliance Status If triggering condition is a permit violation, correction of the problem does not remove the underlying violation Failure to take necessary corrective action is an additional violation Enforcement response will take into consideration the appropriateness and promptness of correction action
Reporting & Recordkeeping
Discharge Monitoring Reports All monitoring data must be reported using EPA s electronic NetDMR tool at www.epa.gov/netdmr unless waiver granted by Regional Office NetDMR Training for the MSGP will be held on: Thursday, August 13 th @ 1:00 4:00 Eastern Tuesday, Aug. 18 th @ 9:00 12:00 Eastern For registration information visit: www.epa.gov/netdmr
Annual Report Due by January 30 th each year of permit coverage and summarizes your documentation from the past year: Facility inspections Quarterly visual assessments Corrective actions (including status of any not yet complete) incidents of noncompliance in the past year or currently ongoing, or if none, a statement that you are in compliance with the permit Must be submitted using NeT unless waiver granted by Regional Office
Recordkeeping Retain records for at least 3 years from the date that your permit coverage expires or is terminated: Copies of your SWPPP (including any modifications made during the term of this permit) Additional inspection, monitoring, and certification records pursuant to Part 5.5 All reports and certifications required by this permit All monitoring data All data used to complete your NOI
2015 MSGP Maintains State- Massachusetts Specific Requirements New and redeveloped sites must comply with applicable State stormwater performance standards
2015 MSGP Maintains State- New Hampshire Specific Requirements Must consider opportunities for onsite infiltration If No Exposure Certification can no longer be made for any of the stormwater to be infiltrated, then the infiltration BMP must cease for that portion of the runoff or the discharge must be permitted or registered with the State Notify the NHDES immediately of any plans to discharge any new non-stormwater discharges may require individual dischargers to meet additional conditions to obtain or continue coverage under the MSGP necessary to protect water quality