# Clean Water Act (CWA)



# Permitting of Industrial

Stormwater: Reissuance of EPA’s Multi

- Sector



# General Permit (MSGP)

National Tribal Consultation



# Teleconference

January 15, 2013



### 1 PM Eastern

# Topics

2 

##  

# Background

 

# Overview of EPA’s Multi

- Sector General Permit

 

# Schedule for Permit Issuance

 

# Questions and Comments

# Background

3 

##  

# EPA’s Clean Water Act (CWA) regulations require a National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges from industrial facilities in certain
sectors

 

# Most regulated stormwater discharges are covered under a general permit

 

## Used to cover a similar group of dischargers under one permit

 

## Simplifies the process for dischargers to obtain authorization to discharge

 

## Typically, to obtain authorization to discharge, a discharger submits to the permitting authority a Notice of Intent (NOI) to be covered 

## under the general permit

# Background

4 

#  

# Since 1995, EPA has issued a series of Multi

- Sector 

# General Permits (MSGPs) that regulate stormwater discharges in areas where EPA is the NPDES permitting authority

 

# The reason for this permit reissuance is that the current EPA MSGP is expiring in September 2013 at 

# the end of its five

- year term, the standard duration of all NPDES permits

# Background

5 

## What does the MSGP regulate?

 

### The MSGP authorizes stormwater discharges in 29 industrial sectors

 

### All facilities can get a waiver from permitting if they maintain conditions of no exposure


## What doesn’t the MSGP regulate?

 

### Stormwater discharges from the construction of the facility (except for mines)

 

### Wastewater discharges

 

### Non

- point source discharges (e.g., sheet flow) • Timber Products.

• Paper and Allied Products Manufacturing.

• Chemical and Allied Products Manufacturing.

• Asphalt Paving and Roofing Materials Manufactures and Lubricant Manufacturers.

• Glass, Clay, Cement, Concrete, and Gypsum Product Manufacturing.

• Primary Metals.

• Metal Mining (Ore Mining and Dressing).

• Coal Mines and Coal Mining

- Related Facilities.

• Oil and Gas Extraction and Refining.

• Mineral Mining and Dressing. • Furniture and Fixtures.

• Printing and Publishing.

• Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries.

• Leather Tanning and Finishing.

• Fabricated Metal Products.

• Transportation Equipment, Industrial or Commercial Machinery.

• Electronic, Electrical, Photographic and Optical Goods.

• Reserved for Facilities Not Covered Under Other Sectors and Designated by the Director. • Hazardous Waste Treatment Storage or Disposal.

• Landfills and Land Application Sites.

• Automobile Salvage Yards.

• Scrap Recycling Facilities.

• Steam Electric Generating Facilities.

• Land Transportation.

• Water Transportation.

• Ship and Boat Building or Repairing Yards.

• Air Transportation Facilities.

• Treatment Works.

• Food and Kindred Products.

• Textile Mills, Apparel, and other Fabric Products Manufacturing.

# NPDES Program Authorizations

6 

# Approximately 2,400 industrial facilities are 

# currently covered under the MSGP in areas where EPA is the NPDES permitting authority

# Indian Country Lands with Permitted Facilities

7 

##  

# Approximately 50 facilities are currently permitted on 

# Indian Country land

Salt River Pima

- Maricopa Indian Community

• Asphalt Paving & Roofing Materials & Lubricant Manufacturing

• Glass, Clay, Cement, Concrete, & Gypsum Products (2 ) Gila River Indian Community

• Asphalt Paving & Roofing Materials & Lubricant Manufacturing (2)

• Fabricated Metal Products (2)

• Glass, Clay, Cement, Concrete, & Gypsum Products (4)

• Chemicals & Allied Products Manufacturing

• Primary Metals Navajo Nation

• Chemical & Allied Products Manufacturing

• Coal Mines and Coal Mining

- Related Facilities (2)

• Glass, Clay, Cement, Concrete, & Gypsum Products

• Mineral Mining & Dressing (2)

• Oil & Gas Extraction & Refining

• Steam Electric Generating Facilities Fort McDowell Yavapai Nation

• Glass, Clay, Cement, Concrete, & Gypsum Products

• Mineral Mining & Dressing (2)

Tohono O’odham Nation

• Air Transportation Facilities

• Land Transportation & Warehousing

• Metal Mining (Ore Mining & Dressing)

Pechanga Band of Luiseno Indians

• Mineral Mining & Dressing
Shasta Indian Nation

• Asphalt Paving & Roofing Materials & Lubricant Manufacturing (2) Coeur d’Alene Tribe of Indians

• Mineral Mining & Dressing

• Timber Products (2)

Shoshone

- Bannock Tribes

– Fort Hall Indian Reservation

• Mineral Mining & Dressing (2) Nez Perce Tribe

• Glass , Clay, Cement, Concrete, & Gypsum Products (2 )

• Hazardous Waste Treatment, Storage, or Disposal Facilities

• Landfills, Land Application Sites, and Open Dumps

• Timber Products (3)

The Pueblo of Santa Ana

• Asphalt Paving & Roofing Materials & Lubricant Manufacturing

• Mineral Mining & Dressing

• Glass, Clay, Cement, Concrete, & Gypsum Products Zia Pueblo

• Glass, Clay, Cement, Concrete, & Gypsum Products

• Mineral Mining & Dressing (2) Pyramid Lake Paiute Tribe

• Mineral Mining & Dressing Skull Valley Band of Goshute Indians

• Hazardous Waste Treatment, Storage, or Disposal Facilities

• Landfills , Land Application Sites, and Open Dumps The Confederated Tribes of Warm Springs

• Steam Electric Generating Facilities

• Timber Products Yakama Nation

• Fabricated Metals Products

• Timber Products

# Overview of the MSGP

8 

#  

# Operators must meet eligibility requirements before 

# obtaining permit coverage, such as National Historic Preservation Act requirements and Endangered Species Act requirements

 

# Operators must develop a stormwater pollution prevention plan (SWPPP) prior to obtaining permit coverage

 

# In order to get permit coverage, operators must file a Notice of Intent (NOI), and must wait a minimum of 

# 30 days to get authorization to discharge

# Overview of the MSGP

9 

# Summary of Permit Requirements:

 

# Implement control measures

 

# Conduct inspections (routine facility and visual assessment of 

# discharges) and corrective actions and document findings

 

# Meet additional sector

- specific requirements, including benchmark monitoring requirements for certain industrial


# sectors • Minimize exposure of industrial activities to stormwater

• Good housekeeping

• Conduct regular maintenance • Spill prevention and response procedures

• Erosion and sediment controls

• Runoff management • Salt storage piles pollutant minimization

• Employee training

• Waste, garbage, and floating debris

• Dust generation and vehicle tracking

# Possible New MSGP Requirements

10 

#  

# Incorporating new aircraft deicing requirements developed separately by the Agency

 

# Making permittees’ SWPPP information more publicly available

# Permit Reissuance Schedule

11 

#  

# EPA plans to propose the draft 2013 MSGP for public 

# comment in early 2013 ( likely for a 60

- day comment period)

 

# EPA intends to issue the final permit by September 30, 2013

 

# The proposed and final permit will be available at www.epa.gov/npdes/stormwater/msgp

# Potential Impacts to Tribes

12 

##  

# As with the 2008 MSGP, Indian lands in the EPA Regions 1, 2, 5, 

# 6, 9, and 10 will be covered by the renewed MSGP. For the first time, EPA Regions 7 and Region 8 will also be covered.

 

# All tribes, especially those that could potentially be affected by the renewal of the MSGP are invited to participate in the consultation.

# Opportunities for Tribes to Participate

13 

###  

## Tribes may submit written consultation comments by January 29, 2013 to:

Bryan Rittenhouse E

- mail: rittenhouse.bryan@epa.gov Mailing Address: USEPA Headquarters

Ariel Rios Building 

## 1200 Pennsylvania Ave NW Mailcode : 4203M Washington, DC 20460 Phone: 202

- 564

- 0577

 

## EPA also invites tribes to participate in the public review and comment process when the proposed MSGP is published in the Federal Register. EPA will provide updated information about the proposed permit on the MSGP website at www.epa.gov/npdes/stormwater/msgp

# Questions or Comments

For more information:

www.epa.gov/npdes/stormwater/msgp

Bryan Rittenhouse 202

- 564

- 0577 rittenhouse.bryan@epa.gov Erika Farris 202

- 564

- 7548 farris.erika@epa.gov