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 

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 Background

 Overview of EPA’s Multi-Sector General Permit

 Schedule for Permit Issuance

 Questions and Comments
Background

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 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

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 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

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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

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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

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 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

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 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

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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

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 Incorporating new aircraft deicing requirements 

developed separately by the Agency

 Making permittees’ SWPPP information more publicly 

available
Permit Reissuance Schedule

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 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

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 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

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 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