NPDES MSGP Permit 2021.pdf

2021 MSGP Permit Parts 1-7

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA)

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

MULTI-SECTOR GENERAL PERMIT (MSGP)

FOR STORMWATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 1251 et seq.), operators of stormwater discharges associated with industrial activity located in an area identified in Appendix C where EPA is the permitting authority are authorized to discharge to waters of the United States in accordance with the eligibility and Notice of Intent (NOI) requirements, effluent limitations, inspection requirements, and other conditions set forth in this permit. This permit is structured as follows:

Parts 1-7: General requirements that apply to all facilities;

Part 8: Industry sector-specific requirements;

Part 9: Specific requirements that apply in individual states and Indian country; and Appendices A through P: Additional permit conditions that apply to all operators covered under this permit.

This permit becomes effective on March 1, 2021. This permit and the authorization to discharge shall expire at 11:59 pm eastern time, February 28, 2026.

Signed and issued this 15th day of January 2021

Dennis Deziel, Regional Administrator, EPA Region 1.

Signed and issued this 15th day of January 2021

Charles Maguire, Director, Water Division, EPA Region 6.

Signed and issued this 15th day of January 2021

Jeffrey Gratz, Deputy Director, Water Division, EPA Region 2.

Signed and issued this 15th day of January 2021

Jeffery Robichaud, Director, Water Division, EPA Region 7.

Signed and issued this 15th day of January 2021

Carmen R. Guerrero-Perez, Director, Caribbean Environmental Protection Division, EPA Region 2.

Signed and issued this 15th day of January 2021

Darcy O’Connor, Director, Water Division, EPA Region 8.

Signed and issued this 15th day of January 2021

Catherine A. Libertz, Director, Water Division, EPA Region 3.

Signed and issued this 15th day of January 2021

Tomás Torres, Director, Water Division, EPA Region 9.

Signed and issued this 15th day of January 2021

Jeaneanne Gettle, Director, Water Division, EPA Region 4.

Signed and issued this 15th day of January 2021

Tera L. Fong, Director, Water Division, EPA Region 5.

Signed and issued this 15th day of January 2021

Daniel D. Opalski, Director, Water Division, EPA Region 10.

Table of Contents 1 How to Obtain Coverage Under the 2021 MSGP

1.1 Eligibility Conditions

1.1.1 Location of Your Facility

1.1.2 Your Discharges Are Associated with Industrial Activity

1.1.3 Limitations on Coverage

1.1.5 Eligibility related to National Historic Preservation Act (NHPA)-Protected Properties

1.1.6 Eligibility for “New Dischargers” and “New Sources” (as defined in Appendix A) ONLY

1.1.7 Eligibility for Discharges to a Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Site

1.2 Types of Discharges Authorized Under the MSGP

1.2.1 Authorized Stormwater Discharges

1.2.2 Authorized Non-Stormwater Discharges

1.3 Obtaining Authorization to Discharge

1.3.1 Prepare Your Stormwater Pollution Prevention Plan (SWPPP) Prior to Submitting Your Notice of Intent (NOI)

1.3.2 How to Submit Your NOI to Get Permit Coverage

1.3.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage

1.3.4 Modifying your NOI

1.3.5 Requirement to Post a Sign of your Permit Coverage

1.3.6 Your Official End Date of Permit Coverage

1.3.7 Continuation of Coverage for Existing Operators After the Permit Expires

1.3.8 Coverage Under Alternative Permits

1.4 Terminating Permit Coverage

1.4.1 How to Submit your Notice of Termination (NOT) to Terminate Permit Coverage

1.4.2 When to Submit Your NOT

1.5 Conditional Exclusion for No Exposure

1.6 Permit Compliance

1.7 Severability

2. Control Measures and Effluent Limits

2.1 Stormwater Control Measures

2.1.1 Stormwater Control Measure Selection and Design Considerations

2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT)

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines

2.2 Water Quality-Based Effluent Limitations

2.2.1 Water Quality Standards

2.2.2 Discharges to Water Quality-Impaired Waters

2.2.3 Tier 2 Antidegradation Requirements for New Dischargers, New Sources, or Increased Discharges

2.3 Requirements Relating to Endangered Species, Historic Properties, and CERCLA Sites

3. Inspections

3.1 Routine Facility Inspections

3.1.1 Inspection Personnel

3.1.2 Areas that You Must Inspect

3.1.3 What You Must Look for During an Inspection

3.1.4 Inspection Frequency

3.1.5 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Facilities

3.1.6 Routine Facility Inspection Documentation

3.2 Quarterly Visual Assessment of Stormwater Discharges

3.2.1 Visual Assessment Frequency

3.2.2 Visual Assessment Procedures

3.2.4 Exceptions to Quarterly Visual Assessments

4. Monitoring

4.1 Monitoring Procedures

4.1.1 Monitored Stormwater Discharge Points

4.1.2 Commingled Discharges

4.1.3 Measurable Storm Events

4.1.4 Sample Type

4.1.5 Adverse Weather Conditions

4.1.6 Facilities in Climates with Irregular Stormwater Discharges

4.1.7 Monitoring Periods

4.1.8 Monitoring for Authorized Non-Stormwater Discharges

4.1.9 Monitoring Reports

4.2 Required Monitoring

4.2.1 Indicator Monitoring

4.2.2 Benchmark Monitoring

4.2.3 Effluent Limitations Monitoring

4.2.4 State or Tribal Required Monitoring

4.2.5 Impaired Waters Monitoring

4.2.6 Additional Monitoring Required by EPA

5. Corrective Actions and Additional Implementation Measures (AIM)

5.1 Corrective Action

5.1.1 Conditions Requiring SWPPP Review and Revision to Ensure Effluent Limits are Met

5.1.2 Conditions Requiring SWPPP Review to Determine if Modifications Are Necessary

5.1.3 Deadlines for Corrective Actions

5.1.4 Effect of Corrective Action

5.1.5 Substantially Identical Discharge Points

5.2 Additional Implementation Measures (AIM)

5.2.1 Baseline Status

5.2.2 AIM Triggering Events

5.2.3 AIM Level 1

5.2.4 AIM Level 2

5.2.5 AIM Level 3

5.2.6 AIM Exceptions

5.3.1 Documentation within 24 Hours

5.3.3 Documentation within 14 Days

6. Stormwater Pollution Prevention Plan (SWPPP)

6.1 Person(s) Responsible for Preparing the SWPPP

6.2 Required Contents of Your SWPPP

6.2.1 Stormwater Pollution Prevention Team

6.2.2 Site Description

6.2.3 Summary of Potential Pollutant Sources

6.2.4 Description of Stormwater Control Measures to Meet Technology-Based and Water Quality- Based Effluent Limits

6.2.5 Schedules and Procedures

6.2.6 Documentation to Support Eligibility Pertaining to Other Federal Laws

6.2.7 Signature Requirements

6.3 Required SWPPP Modifications

6.4 SWPPP Availability

6.4.1 Making Your SWPPP Publicly Available

6.5 Additional Documentation Requirements

7. Reporting and Recordkeeping

7.1 Electronic Reporting Requirement

7.2 Submitting Information to EPA

7.2.1 Submitting Forms via NeT-MSGP

7.2.2 Other Information Required to be Submitted

7.3 Reporting Monitoring Data to EPA

7.3.1 Submitting Monitoring Data via NeT-DMR

7.3.2 When You Can Discontinue Submission of Monitoring Data

7.3.3 State or Tribal Required Monitoring Data

7.3.4 Submission Deadline for Indicator and Benchmark Monitoring Data

7.4 Annual Report

7.5 Numeric Effluent Limitations Exceedance Report

7.6 Additional Standard Recordkeeping and Reporting Requirements

7.7 Record Retention Requirements

7.8 Addresses for Reports

8. Sector -Specific Requirements for Industrial Activity

8.A Sector A – Timber Products 8.B Sector B – Paper and Allied Products

8.C Sector C – Chemical and Allied Products Manufacturing, and Refining 8.D Sector D – Asphalt Paving and Roofing Materials and Lubricant Manufacturing 8.E Sector E – Glass, Clay, Cement, Concrete, and Gypsum Products 8.F Sector F – Primary Metals 8.G Sector G – Metal Mining 8.H Sector H – Coal Mines and Coal Mining-Related Facilities 8.I Sector I – Oil and Gas Extraction 8.J Sector J – Non-Metallic Mineral Mining and Dressing 8.K Sector K – Hazardous Waste Treatment, Storage, or Disposal Facilities 8.L Sector L – Landfills, Land Application Sites, and Open Dumps 8.M Sector M – Automobile Salvage Yards 8.N Sector N – Scrap Recycling and Waste Recycling Facilities 8.O Sector O – Steam Electric Generating Facilities 8.P Sector P – Land Transportation and Warehousing 8.Q Sector Q – Water Transportation 8.R Sector R – Ship and Boat Building and Repair Yards 8.S Sector S – Air Transportation 8.T Sector T – Treatment Works 8.U Sector U – Food and Kindred Products 8.V Sector V – Textile Mills, Apparel, and Other Fabric Products 8.W Sector W – Furniture and Fixtures 8.X Sector X – Printing and Publishing 8.Y Sector Y – Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing Industries 8.Z Sector Z – Leather Tanning and Finishing 8.AA Sector AA – Fabricated Metal Products 8.AB Sector AB – Transportation Equipment, Industrial or Commercial Machinery Facilities 8.AC Sector AC – Electronic and Electrical Equipment and Components, Photographic and

Optical Goods 8.AD Sector AD – Stormwater Discharges Designated by the Director as Requiring Permits

9. Permit Conditions Applicable to Specific States, Indian Country Lands, or Territories Appendix A Definitions, Abbreviations, and Acronyms (for the purposes of the 2021 MSGP) ................. A-1 Appendix B Standard Permit Conditions ........................................................................................................ B-1 Appendix C Areas Eligible for Permit Coverage ...........................................................................................C-1 Appendix D Facilities and Activities Covered ............................................................................................... D-1 Appendix E Procedures Relating to Endangered Species Protection ........................................................ E-1 Appendix F Procedures Relating to Historic Properties Preservation ........................................................... F-1 Appendix G Notice of Intent (NOI) Form ....................................................................................................... G-1 Appendix H Notice of Termination (NOT) Form ............................................................................................. H-1 Appendix I Annual Report Form ..................................................................................................................... I-1 Appendix J Calculating Hardness in Freshwater Receiving Waters for Hardness Dependent Metals ..... J-1 Appendix K No Exposure Certification (NEC) Form ...................................................................................... K-1 Appendix L List of Tier 3, Tier 2, and Tier 2.5 Waters ...................................................................................... L-1 Appendix M Discharge Monitoring Report (DMR) Form ............................................................................... M-1 Appendix N List of SIC and NAICS Codes ...................................................................................................... N-1 Appendix O Summary of Reports Permit Submittals ..................................................................................... O-1 Appendix P List of Federal CERCLA Sites ........................................................................................................ P-1

1 How to Obtain Coverage Under the 2021 MSGP

To be covered under this permit, you must meet all of the eligibility conditions and follow the requirements for obtaining permit coverage in Part 1.

1.1 Eligibility Conditions

1.1.1 Location of Your Facility. Your facility must be located in an area where EPA is the permitting authority and where coverage under this permit is available (see Appendix C); 1

1.1.2 Your Discharges Are Associated with Industrial Activity. Your facility must have an authorized stormwater discharge or an authorized non-stormwater discharge per Part

1.2 associated with industrial activity from your primary industrial activity (as defined in Appendix A and as listed in Appendix D), or you have been notified by EPA that you are eligible for coverage under Sector AD.

1.1.3 Limitations on Coverage. Discharges from your facility are not:

1.1.3.1 Discharges mixed with non-stormwater discharges. Discharges mixed with non-stormwater discharges other than those mixed with authorized non-stormwater discharges listed in Part 1.2.2, and/or those mixed with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES authorization.

1.1.3.2 Stormwater discharges associated with construction activity. Stormwater discharges associated with construction activity disturbing one acre or more, or that are part of a larger common plan of development or sale if the larger common plan will ultimately disturb one acre or more, unless in conjunction with mining activities or certain oil and gas extraction activities as specified in Sectors G, H, I, and J of this permit.

1.1.3.3 Discharges already covered by another NPDES permit. Unless you have received written notification from EPA specifically allowing these discharges to be covered under this permit, you are not eligible for coverage under this permit for any of the following:

a. Stormwater discharges associated with industrial activity that are currently covered under an individual NPDES permit or an alternative NPDES general permit;

b. Stormwater discharges covered within five years prior to the effective date of this permit by an individual NPDES permit or alternative NPDES general permit where that permit established site-specific numeric water quality-based effluent limitations developed for the industrial stormwater component of the discharge; or

c. Discharges from facilities where any NPDES permit has been or is in the process of being denied, terminated, or revoked by EPA (this does not apply to the routine expiration and reissuance of NPDES permits every five years).

1.1.3.4 Stormwater Discharges Subject to Effluent Limitations Guidelines. Stormwater discharges subject to stormwater effluent limitation guidelines under 40 CFR, Subchapter N, other than those listed in Table 1-1 of this permit.

1 This condition also applies in the limited circumstances where your facility is located in a jurisdiction where EPA is not the permitting authority, but your discharge point location is to a water of the United States where EPA is the permitting authority.

1.1.4 Eligibility Related to Endangered Species Act (ESA) Listed Species and Critical Habitat Protection. You are able to demonstrate that your stormwater discharges, authorized non-stormwater discharges, and stormwater discharge-related activities are not likely to adversely affect any species that are federally listed as endangered or threatened (“ESA-listed”) and are not likely to adversely affect habitat that is designated as “critical habitat” under the Endangered Species Act (ESA), or said discharges and activities were the subject of an ESA Section 7 consultation or an ESA Section 10 permit.

You must follow the procedures outlined in the Endangered Species Protection section of the NOI in EPA’s NPDES eReporting Tool (NeT-MSGP) and meet one of the criteria listed in Appendix E. You must comply with any measures that formed the basis of your criteria eligibility determination to be in compliance with the MSGP. These measures become permit requirements per Part 2.3. Documentation of these measures must be kept as part of your Stormwater Pollution Prevention Plan (SWPPP) (see Part 6.2.6.1).

1.1.5 Eligibility related to National Historic Preservation Act (NHPA)-Protected Properties. You must follow the procedures outlined in the Historic Properties section of the NOI in NeT- MSGP to demonstrate that your stormwater discharges, authorized non-stormwater discharges, and stormwater discharge-related activities meet one of the eligibility criteria in Appendix F.

1.1.6 Eligibility for “New Dischargers” and “New Sources” (as defined in Appendix A)2 ONLY

1.1.6.1 Eligibility for “New Dischargers” and “New Sources” Based on Water Quality Standards.

Your stormwater discharge must be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards. You are ineligible for coverage under this permit if EPA determines prior to your authorization to discharge that your stormwater discharges will not be controlled as necessary such that the receiving water of the United States will not meet an applicable water quality standard. In such case, EPA may notify you that an individual permit application is necessary per Part 1.3.8, or, alternatively, EPA may authorize your coverage under this permit after you implement additional control measures so that your stormwater discharges will be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards.

1.1.6.2 Eligibility for “New Dischargers” and “New Sources” for Water-Quality Impaired Waters.

If you discharge to an “impaired water” (as defined in Appendix A), you must do one of the following:

a. Prevent all exposure to stormwater of the pollutant(s) for which the waterbody is impaired, and retain documentation of procedures taken to prevent exposure onsite with your SWPPP;

b. When submitting your NOI in NeT-MSGP, provide the technical information or other documentation to support your claim that the pollutant(s) for which the waterbody

2“New Discharger” means a facility from which there is or may be a discharge, that did not commence the discharge of pollutants at a particular site prior to August 13, 1979, which is not a new source, and which has never received a finally effective NPDES permit for discharges at that site. See 40 CFR 122.2.

“New Source” means any building, structure, facility, or installation from which there is or may be a “discharge of pollutants,” the construction of which commenced: i) after promulgation of standards of performance under section 306 of the CWA which are applicable to such source, or ii) after proposal of standards of performance in accordance with section 306 of the CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal. See 40 CFR 122.2.

is impaired is not present at your facility, and retain such documentation with your SWPPP; or

c. When submitting your NOI in NeT-MSGP, provide either data or other technical documentation, to support a conclusion that the stormwater discharge will be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards and retain such information with your SWPPP.

The information you submit must demonstrate:

i. For discharges to waters without an EPA-approved or established total maximum daily load (TMDL), that the discharge of the pollutant for which the water is impaired will be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards at the point of discharge to the waterbody; or

ii. For discharges to waters with an applicable EPA-approved or established TMDL, that there are, in accordance with 40 CFR 122.4(i), sufficient remaining wasteload allocations in the TMDL to allow your discharge and that existing dischargers to the waterbody are subject to compliance schedules designed to bring the waterbody into attainment with water quality standards (e.g., a reserve allocation for future growth).

You are eligible under Part 1.1.6.2.c if you receive a determination from the applicable EPA Regional Office that your stormwater discharge will be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards and you document the Region’s determination in your SWPPP. If the applicable EPA Regional Office fails to respond to you within 30 days after submission of data, you are considered eligible for coverage.

1.1.6.3 Eligibility for “New Dischargers” and “New Sources” for Waters with High Water Quality (Tier 2, 2.5, and 3).

a. For new dischargers and new sources to Tier 2 or Tier 2.5 waters, your discharge must not lower the water quality of the applicable water. See a list of Tier 2 and Tier 2.5 waters in Appendix L.

b. For new dischargers and new sources to waters designed by a state or tribe as Tier 3 waters3 (i.e., outstanding national resource waters) for antidegradation purposes under 40 CFR 131.13(a)(3), you are not eligible under this permit and you must apply for an individual permit. See a list of Tier 3 waters in Appendix L.

1.1.7 Eligibility for Discharges to a Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Site. If you discharge to a federal CERCLA Site listed in Appendix P, you must notify the EPA Region 10 Office when submitting your NOI, and the EPA Region 10 Office must determine that you are eligible for permit coverage. In determining eligibility for coverage under this Part, the EPA Region 10 Office may evaluate whether you are implementing or plan to implement adequate controls and/or procedures to ensure that your discharge will not lead to

3 For the purposes of this permit, your project is considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if the first water of the United States to which you discharge is identified by a state, tribe, or EPA as a Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a separate storm sewer system prior to discharge, the first water of the United States to which you discharge is the waterbody that receives the stormwater discharge from the storm sewer system (separate storm sewer systems (MS4s and non-municipal storm sewers systems) do not include combined sewer systems or separate sanitary sewer systems).

recontamination of aquatic media at the CERCLA Site (i.e., your stormwater discharge will be controlled as necessary such that the receiving water of the United States will meet an applicable water quality standard). If it is determined that your facility discharges to a CERCLA Site listed in Appendix P after you have obtained coverage under this permit, you must contact the EPA Region 10 Office and ensure that you either have implemented or will implement adequate controls and/or procedures to ensure that your discharges will not lead to recontamination of aquatic media at the CERCLA Site such that your stormwater discharge will be controlled as necessary such that the receiving water of the United States will meet an applicable water quality standard.

For the purposes of this permit, a facility discharges to a federal CERCLA Site if the discharge flows directly into the site through its own conveyance, or through a conveyance owned by others, such as a municipal separate storm sewer system (MS4).

1.2 Types of Discharges Authorized Under the MSGP4

4 Any discharges not expressly authorized in this permit cannot become authorized or shielded from liability under Clean Water Act (CWA) section 402(k) by disclosure to EPA, state, or local authorities after issuance of this permit via any means, including the Notice of Intent (NOI) to be covered by the permit, the Stormwater Pollution Prevention Plan (SWPPP), or during an inspection.

1.2.1 Authorized Stormwater Discharges. If you meet all the eligibility criteria in Part 1.1, then the following discharges from your facility are authorized under this permit:

1.2.1.1 Stormwater discharges associated with industrial activity for any primary industrial activities and co-located industrial activities (as defined in Appendix A) except for any stormwater discharges prohibited in Part 8;

1.2.1.2 Discharges EPA has designated as needing a stormwater permit as provided in Sector

AD;

1.2.1.3 Discharges that are not otherwise required to obtain NPDES permit authorization but are mixed with discharges that are authorized under this permit; and

1.2.1.4 Stormwater discharges from facilities subject to any of the national stormwater-specific effluent limitations guidelines listed in Table 1-1.

Table 1-1. Stormwater-Specific Effluent Limitations Guidelines

Regulated Discharge 40 CFR

Section

MSGP

Sector

New Source Performance

Standard (NSPS)

New Source Date

Discharges resulting from spray down or intentional wetting of logs at wet deck storage areas

Part 429, Subpart I

A Yes 1/26/81

Runoff from phosphate fertilizer manufacturing facilities that comes into contact with any raw materials, finished product, by-products or waste products (SIC 2874)

Part 418, Subpart A

C Yes 4/8/74

Runoff from asphalt emulsion facilities Part 443, Subpart A

D Yes 7/28/75

Runoff from material storage piles at cement manufacturing facilities

Part 411, Subpart C

E Yes 2/20/74

Regulated Discharge 40 CFR

Section

MSGP

Sector

New Source Performance

Standard (NSPS)

New Source Date

Mine dewatering discharges at crushed stone, construction sand and gravel, or industrial sand mining facilities

Part 436, Subparts B, C, and D

J No N/A

Runoff from hazardous waste and non-hazardous waste landfills

Part 445, Subparts A and B

K, L Yes 2/2/00

Runoff from coal storage piles at steam electric generating facilities

Part 423 O Yes 11/19/82 (10/8/74)1

Runoff containing urea from airfield pavement deicing at existing and new primary airports with 1,000 or more annual non-propeller aircraft departures

Part 449 S Yes 6/15/1

1 NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore, wastewaters generated by 40 CFR Part 423-applicable sources that were New Sources under the 1974 regulations are subject to the

1974 NSPS.

1.2.2 Authorized Non-Stormwater Discharges. Below is the list of non-stormwater discharges authorized under this permit. Unless specifically listed in this Part, this permit does not authorize any other non-stormwater discharges requiring NPDES permit coverage and you must either eliminate those discharges or they must be covered under another NPDES permit; this includes the sector-specific non-stormwater discharges that are listed in Part 8 as prohibited (a non-exclusive list is provided only to raise awareness of contaminants or sources of contaminants generally characteristic of certain sectors).

1.2.2.1 Authorized Non-Stormwater Discharges for All Sectors. The following are the only non-stormwater discharges authorized under this permit for all sectors provided that all discharges comply with the effluent limits set forth in Parts 2 and 8.

a. Discharges from emergency/unplanned fire-fighting activities;

b. Fire hydrant flushings;

c. Potable water, including uncontaminated water line flushings;

d. Uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from the outside storage of refrigerated gases or liquids;

e. Irrigation/landscape drainage, provided all pesticides, herbicides, and fertilizers have been applied in accordance with the approved labeling;

f. Pavement wash waters, provided that detergents or hazardous cleaning products are not used (e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols), and the wash waters do not come into contact with oil and grease deposits, sources of pollutants associated with industrial activities (see Part 6.2.3), or any other toxic or hazardous materials, unless residues are first cleaned up using dry clean-up methods (e.g., applying absorbent materials and sweeping, using hydrophobic mops/rags) and you have implemented appropriate control measures to minimize discharges of mobilized solids and other pollutants (e.g., filtration, detention, settlement);

g. External building/structure washdown / power wash water that does not use detergents or hazardous cleaning products (e.g., those containing bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols) and you have implemented appropriate control measures to minimize discharges of mobilized solids and other pollutants (e.g., filtration, detention, settlement);

h. Uncontaminated ground water or spring water;

i. Foundation or footing drains where flows are not contaminated with process materials;

j. 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); and

k. Any authorized non-stormwater discharge listed above in this Part 1.2.2 or any stormwater discharge listed in Part 1.2.1 mixed with a discharge authorized by a different NPDES permit and/or a discharge that does not require NPDES permit authorization.

1.2.2.2 Additional Authorized Non-Stormwater Discharge for Sector A Facilities. Discharges from the spray down of lumber and wood product storage yards where no chemical additives are used in the spray-down waters and no chemicals are applied to the wood during storage, provided the non-stormwater component of the discharge is in compliance with the non-numeric effluent limits requirements in Part 2.1.2.

1.2.2.3 Additional Authorized Non-Stormwater Discharges for Earth-Disturbing Activities Conducted Prior to Active Mining Activities for Sectors G, H and J Facilities. The following non-stormwater discharges are only authorized for earth-disturbing activities conducted prior to active mining activities, as defined in Part 8.G.3.2, 8.H.3.2, and 8.J.3.2, provided that, with the exception of water used to control dust, these discharges are not routed to areas of exposed soil and all discharges comply with the permit’s effluent limits. Once the earth-disturbing activities conducted prior to active mining activities have ceased, the only authorized non-stormwater discharges for Sectors G, H, and J are those listed here in Part 1.2.2.3:

a. Water used to wash vehicles and equipment, provided that there is no discharge of soaps, solvents, or detergents used for such purposes;

b. Water used to control dust; and

c. Dewatering water that has been treated by an appropriate control under Parts 8.G.4.2.9, 8.H.4.2.9, or 8.J.4.2.9.

1.3 Obtaining Authorization to Discharge

1.3.1 Prepare Your Stormwater Pollution Prevention Plan (SWPPP) Prior to Submitting Your Notice of Intent (NOI). You must develop a SWPPP or update your existing SWPPP per Part 6 prior to submitting your NOI for coverage under this permit, per Part 1.3.2 below.

You must make your SWPPP publicly available by either attaching it to your NOI, including a URL in your NOI, or providing additional information from your SWPPP on your NOI, per Part 6.4.

1.3.2 How to Submit Your NOI to Get Permit Coverage. To be covered under this permit, you must use EPA’s NPDES eReporting Tool for the MSGP (NeT-MSGP) to electronically prepare and submit to EPA a complete and accurate NOI by the deadline applicable to your facility presented in Table 1-2. The NOI certifies to EPA that you are eligible for coverage according to Part 1.1 and provides information on your industrial activities and related discharges. Per Part 7.1, you must submit your NOI electronically via NeT- MSGP, unless the applicable EPA Regional Office grants you a waiver from electronic reporting, in which case you may use the paper NOI form in Appendix G. To access NeT-MSGP, go to https://www.epa.gov/npdes/stormwater-discharges-industrial-activities#accessingmsgp

1.3.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. Table 1-2 provides the deadlines for submitting your NOI and your official start date of permit coverage.

Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates

Category of Facility/Operator

NOI Submission Deadline

Discharge Authorization Date1, 2

Existing MSGP facility. Operators of industrial activities whose stormwater discharges were covered under the

2015 MSGP.

No later than May 30, 2021.

30 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed. Note:

You must review and update your SWPPP to ensure that this permit’s requirements are addressed prior to submitting your NOI.

Provided you submit your NOI in accordance with the deadline, your authorization under the 2015 MSGP is automatically continued until you have been granted coverage under this permit or an alternative permit, or coverage is otherwise terminated.

Operator operating consistent with EPA’s No Action Assurance and submitted an Intent to Operate (ITO) form. Operators of industrial activities who commenced discharging between June 4, 2020 and March 1, 2021 and have been operating consistent with EPA’s June 3, 2020 ‘No Action Assurance for the NPDES Stormwater Multi-Sector General Permit for Industrial Activities.’

As soon as possible, but see the June 3, 2020 ‘No Action Assurance for the NPDES Stormwater Multi-Sector General Permit for Industrial Activities’ (and any updates to that document) for additional guidance on deadlines.

30 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

New facility without MSGP coverage.

Operators of industrial activities that will commence discharging after March 1, 2021.

At least 30 calendar days prior to commencing discharge.

30 calendar days after EPA notifies you that it has received a complete NOI, unless EPA notifies you that your authorization has been denied or delayed.

Existing facility covered under an alternative permit. Operators seeking coverage for stormwater discharges previously covered under an individual permit or an alternative general permit.

At least 30 calendar days prior to commencing discharge.

https://www.epa.gov/npdes/stormwater-discharges-industrial-activities#accessingmsgp

Category of Facility/Operator

NOI Submission Deadline

Discharge Authorization Date1, 2

Existing MSGP facility with a new operator. New operators of existing industrial activities with stormwater discharges previously authorized under the 2021 MSGP.

At least 30 calendar days prior to the date of transfer of control to the new operator.

Existing facility without MSGP coverage.

Operators of industrial activities that commenced discharging prior to March 1, 2021, but whose stormwater discharges were not covered under the 2015 MSGP or another NPDES permit and have not been operating consistent with EPA’s No Action Assurance for EPA’s NPDES MSGP.

Immediately; your stormwater discharges are currently unpermitted.1

1 If you have missed the deadline to submit your NOI, any and all discharges from your industrial activities will continue to be unauthorized under the CWA until they are covered by this or a different NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the commencement of discharging and discharge authorization.

2 Discharges are not authorized if your NOI is incomplete or inaccurate or if you are ineligible for permit coverage.

1.3.4 Modifying your NOI. If after submitting your NOI, you need to correct or update any fields, you may do so by submitting a “Change NOI” form using NeT-MSGP. Per Part 7.1, you must submit your Change NOI electronically via NeT-MSGP, unless the EPA Regional Office grants you a waiver from electronic reporting, in which case you may use the suggested format for the paper Change NOI form.

1.3.4.1 For an existing operator, if any of the information supplied on the NOI changes, you must submit a Change NOI form within thirty (30) calendar days after the change occurs.

1.3.4.2 At a facility where there is a transfer in operator or a new operator takes over operational control at an existing facility, the new operator must submit a new NOI no later than thirty (30) calendar days after a change in operators. The previous operator must submit a Notice of Termination (NOT) no later than thirty (30) calendar days after MSGP coverage becomes active for the new operator, as specified in Part 1.4.

1.3.5 Requirement to Post a Sign of your Permit Coverage. You must post a sign or other notice of your permit coverage at a safe, publicly accessible location in close proximity to your facility. Public signage is not required where other laws or local ordinances prohibit such signage, in which case you must document in your SWPPP a brief explanation for why you cannot post a sign and a reference to the law or ordinance.

You must use a font large enough to be readily viewed from a public right-of-way and perform periodic maintenance of the sign to ensure that it remains legible, visible, and factually correct. At minimum, the sign must include:

1.3.5.1 The following statement: “[Name of facility] is permitted for industrial stormwater discharges under the U.S. EPA’s Multi-Sector General Permit (MSGP)”;

1.3.5.2 Your NPDES ID number;

1.3.5.3 A contact phone number for obtaining additional facility information;

1.3.5.4 One of the following:

a. The Uniform Resource Locator (URL) for the SWPPP (if available), and the following statement: “To report observed indicators of stormwater pollution, contact [optional: include facility point of contact and] EPA at: [include the applicable MSGP Regional Office contact information found at https://www.epa.gov/npdes/contact-us-stormwater#regional]; or

b. The following statement: “To obtain the Stormwater Pollution Prevention Plan (SWPPP) for this facility or to report observed indicators of stormwater pollution, contact [optional: include facility point of contact and] EPA at [include the applicable MSGP Regional Office contact information found at https://www.epa.gov/npdes/contact-us-stormwater#regional].”

1.3.6 Your Official End Date of Permit Coverage. Once covered under this permit, your coverage will last until the date that:

1.3.6.1 You terminate permit coverage by submitting a Notice of Termination (NOT) per Part 1.4; or

1.3.6.2 You receive coverage under a different NPDES permit or a reissued or replacement version of this permit after it expires on February 28, 2026; or

1.3.6.3 You fail to submit an NOI for coverage under a reissued or replacement version of this permit before the required deadline.

1.3.7 Continuation of Coverage for Existing Operators After the Permit Expires

1.3.7.1 Note that if the 2021 MSGP is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with section 558(c) of the Administrative Procedure Act (see 40 CFR 122.6) and remain in force and effect for operators that were covered prior to its expiration. All operators authorized to discharge prior to the expiration date of the 2021 MSGP will automatically remain covered under the 2021 MSGP until the earliest of:

a. The date the operator is authorized for coverage under a new version of the MSGP following the timely submittal of a complete and accurate NOI. Note that if a timely NOI for coverage under the reissued or replacement permit is not submitted, coverage will terminate on the date that the NOI was due; or

b. The date of the submittal of a Notice of Termination; or

c. Issuance of an individual permit for the facility’s discharge(s); or

d. A final permit decision by EPA not to reissue the MSGP, at which time EPA will identify a reasonable time period for covered operators to seek coverage under an alternative general permit or an individual permit. Coverage under the 2021 MSGP will terminate at the end of this time period.

1.3.7.2 EPA reserves the right to modify or revoke and reissue the 2021 MSGP under 40 CFR

122.62 and 63, in which case operators will be notified of any relevant changes or procedures to which they may be subject. If EPA fails to issue another general permit prior to the expiration of a previous one, EPA does not have the authority to provide coverage to industrial operators not already covered under that prior general permit. If the five-year expiration date for the 2021 MSGP has passed and a new MSGP has not https://www.epa.gov/npdes/contact-us-stormwater#regional https://www.epa.gov/npdes/contact-us-stormwater#regional been reissued, new operators seeking discharge authorization should contact EPA regarding the options available, such as applying for individual permit coverage.

1.3.8 Coverage Under Alternative Permits. EPA may require you to apply for and/or obtain authorization to discharge under an alternative permit, i.e., either an individual NPDES permit or an alternative NPDES general permit, in accordance with 40 CFR 122.64 and

124.5. If EPA requires you to apply for an alternative permit, the Agency will notify you in writing that a permit application or NOI is required. This notification will include a brief statement of the reasons for this decision and will contain alternative permit application or NOI requirements, including deadlines for completing your application or NOI.

1.3.8.1 Denial of Coverage for New or Previously Unpermitted Facilities. For new or previously unpermitted facilities, following the submittal of your NOI, you may be denied coverage under this permit and must apply for and/or obtain authorization to discharge under an alternative permit.

1.3.8.2 Loss of Authorization Under the 2021 MSGP for Existing Permitted Facilities. If your stormwater discharges are covered under this permit, you may receive a written notification that you must either apply for coverage under an individual NPDES permit or submit an NOI for coverage under an alternative general NPDES permit. In addition to the reasons for the decision and alternative permit application or NOI deadlines, the notice will include a statement that on the effective date of your alternative permit coverage, your coverage under the 2021 MSGP will terminate. EPA will terminate your MSGP permit coverage in NeT-MSGP at that time. EPA may grant additional time to submit the application or NOI if you request it. If you fail to submit an alternative permit application or NOI as required by EPA, then your authorization to discharge under the 2021 MSGP is terminated at the end of the day EPA required you to submit your alternative permit application or NOI. EPA may take appropriate enforcement action for any unpermitted discharge.

1.3.8.3 Operators Requesting Coverage Under an Alternative Permit. You may request to be covered under an individual permit. In such a case, you must submit an individual permit application in accordance with the requirements of 40 CFR 122.28(b)(3)(iii), with reasons supporting the request, to the applicable EPA Regional Office listed in Part 7.8 of this permit. The request may be granted by issuance of an individual permit if your reasons are adequate to support the request. When you are authorized to discharge under an alternative permit, your authorization to discharge under the 2021 MSGP is terminated on the effective date of the alternative permit.

1.4 Terminating Permit Coverage

1.4.1 How to Submit your Notice of Termination (NOT) to Terminate Permit Coverage. To terminate permit coverage, you must use EPA’s NPDES eReporting Tool for the MSGP (NeT-MSGP) to electronically prepare and submit to EPA a complete and accurate NOT. Per Part 7.1, you must submit your NOT electronically via NeT-MSGP, unless the EPA Regional Office grants you a waiver from electronic reporting, in which case you may use the paper NOT form in Appendix H. To access NeT-MSGP, go to https://www.epa.gov/npdes/stormwater-discharges-industrial-activities#accessingmsgp

Your authorization to discharge under this permit terminates at midnight of the day that you are notified that your complete NOT has been processed. If you submit a NOT without meeting one or more of the conditions in Part 1.4.2 then your NOT is not valid.

Until you terminate permit coverage, you must comply with all conditions and effluent limitations in the permit.

1.4.2 When to Submit Your Notice of Termination. You must submit a NOT within 30 days after one or more of the following conditions have been met:

1.4.2.1 A new owner or operator has received authorization to discharge under this permit; or

1.4.2.2 You have ceased operations at the facility and/or there are not or no longer will be discharges of stormwater associated with industrial activity from the facility, and you have already implemented necessary sediment and erosion controls per Part 2.1.2.5;

or

1.4.2.3 You are a Sector G, H, or J facility and you have met the applicable termination requirements; or

1.4.2.4 You obtained coverage under an individual or alternative general permit for all discharges required to be covered by an NPDES permit, unless EPA terminates your coverage for you per Part 1.3.8.

1.5 Conditional Exclusion for No Exposure

If you are covered by this permit and become eligible for a “no exposure” exclusion from permitting under 40 CFR 122.26(g), you may file a No Exposure Certification (NEC).

You are no longer required to have a permit upon submission of a complete and accurate NEC to EPA. If you are no longer required to have permit coverage because of a no exposure exclusion and have submitted a NEC form to EPA, you are not required to submit a NOT. You must submit a NEC form to EPA once every five years.

You must use EPA’s NPDES eReporting Tool for the MSGP (NeT-MSGP) to electronically prepare and submit to EPA a complete and accurate NEC. Per Part 7.1, you must submit your NEC electronically via NeT-MSGP, unless the applicable EPA Regional Office grants you a waiver from electronic reporting, in which case you may use the paper NEC form in Appendix K. To access NeT-MSGP, go to https://cdxnodengn.epa.gov/net-msgp/action/login

1.6 Permit Compliance

Any noncompliance with any of the requirements of this permit constitutes a violation of this permit, and thus is a violation of the CWA. As detailed in Part 5, failure to take any required corrective actions constitutes an independent, additional violation of this permit, in addition to any original violation that triggered the need for a corrective action. As such, any actions and time periods specified for remedying noncompliance do not absolve you of the initial underlying noncompliance.

Where an Additional Implementation Measure (AIM) is triggered by an event that does not itself constitute permit noncompliance (i.e., an exceedance of an applicable benchmark), there is no permit violation provided you comply with the required responses within the relevant deadlines established in Part 5.

1.7 Severability

Invalidation of a portion of this permit does not necessarily render the whole permit invalid. EPA’s intent is that the permit is to remain in effect to the extent possible; in the https://cdxnodengn.epa.gov/net-msgp/action/login event that any part of this permit is invalidated, EPA will advise the regulated community as to the effect of such invalidation.

2. Control Measures and Effluent Limits

In the technology-based limits included in Parts 2.1 and 8, the term “minimize” means to reduce and/or eliminate to the extent achievable using stormwater control measures (SCMs) (including best management practices) that are technologically available and economically practicable and achievable in light of best industry practice. The term “infeasible” means not technologically possible or not economically practicable and achievable in light of best industry practices. EPA notes that it does not intend for any permit requirement to conflict with state water rights law.

2.1 Stormwater Control Measures

You must select, design, install, and implement stormwater control measures (including best management practices) to minimize pollutant discharges that address the selection and design considerations in Part 2.1.1, meet the non-numeric effluent limits in Part 2.1.2, meet limits contained in applicable effluent limitations guidelines in Part 2.1.3, and meet the water quality-based effluent limitations in Part 2.2.

The selection, design, installation, and implementation of control measures to comply with Part 2 must be in accordance with good engineering practices and manufacturer’s specifications. Note that you may deviate from such manufacturer’s specifications where you provide justification for such deviation and include documentation of your rationale in the part of your SWPPP that describes your control measures, consistent with Part 6.2.4. You must modify your stormwater control measures per Part 5.1 if you find that your control measures are not achieving their intended effect of minimizing pollutant discharges (i.e., your discharges will be controlled as necessary such that the receiving water of the United States will meet applicable water quality standards or meet any of the other non-numeric effluent limits in this permit). Regulated stormwater discharges from your facility include stormwater run-on that commingles with stormwater discharges associated with industrial activity at your facility.

2.1.1 Stormwater Control Measure Selection and Design Considerations. You must consider the following when selecting and designing control measures:

2.1.1.1 Preventing stormwater from coming into contact with polluting materials is generally more effective, and less costly, than trying to remove pollutants from stormwater;

2.1.1.2 Using stormwater control measures in combination may be more effective than using control measures in isolation for minimizing pollutants in your stormwater discharge;

2.1.1.3 Assessing the type and quantity of pollutants, including their potential to impact receiving water quality, is critical to designing effective stormwater control measures that will achieve the limits in this permit;

2.1.1.4 Minimizing impervious areas at your facility and infiltrating stormwater onsite (including bioretention cells, green roofs, and pervious pavement, among other approaches) can reduce the frequency and volume of discharges and improve ground water recharge and stream base flows in local streams, although care must be taken to avoid ground water contamination;

2.1.1.5 Attenuating flow using open vegetated swales and natural depressions can reduce in-stream impacts of erosive flows;

2.1.1.6 Conserving and/or restoring riparian buffers will help protect streams from stormwater discharges and improve water quality;

2.1.1.7 Using treatment interceptors (e.g., swirl…