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December
30 , 2007
ENVIRONMENTAL
UPDATE
EPA
Issues Proposed NPDES General Permit for Storm Water Discharges
from Industrial Activities
On
December 1, 2005 EPA’s Regions 1, 2, 3, 5, 6, 9 and 10
proposed the next NPDES general permit for stormwater discharges
from industrial activity, also referred to as the Multi-Sector
General Permit (“MSGP”)(70 Fed Reg. 72116, Dec.
1, 2005). The permit will replace the existing permit (65
Fed Reg. 64746, October 30, 2000) covering industrial sites
in the Regions mentioned above.
The
existing MSGP had an expiration date of October 30, 2005,
but was “administratively continued” by EPA in accordance
with the Federal Administrative Procedure Act until the agency
reissues the final version of the MSGP (and additional 120
days after such effective date to allow time for facilities
to submit new NOIs and allow the new 30-day comment period
after NOI coverage filing).
The
proposed MSGP includes changes to the monitoring, reporting,
training, recordkeeping, the discharge authorization time
frame, inspections and some sector-specific provisions allegedly
to ensure that receiving waters will be adequately protected.
The changes proposed by EPA include more restrictions and
requirements to the regulated community. Some of these are
explained below:
Discharge
Authorization Time Frame
EPA
has instituted a new 30-day public comment period for facilities
that have correctly completed NOI applications. The period
initiates after EPA posts the company’s NOI in the EPA’s
e-NOI Web site. Actual discharge authorization is granted
at the end of the 30 day period unless EPA has “substantive
reason” to delay or deny authorization.
Monitoring
and Reporting
- Inactive
and un-staffed sites may exercise a Benchmark Monitoring
waiver as long as there are no industrial materials or activities
exposed.
- A
facility covered under MSGP 2006 must monitor quarterly
during year 1 for benchmarks. Facilities with an average
of 4 monitoring events that do not exceed the benchmark
qualify for a waiver from additional benchmark monitoring
for the remainder of the permit term.
-
Follow-up monitoring requirements have been added when results
indicate a facility’s discharge exceeds a numeric effluent
limitation, or causes and contributes to an exceedance of
a water quality standard, to verify that BMPs have been
modified to protect water quality. Facilities with follow-up
monitoring exceedances are required to report those to EPA
within 30 days of receiving the analytical data.
- Benchmark
Monitoring Requirements for Total Suspended Solids
(TSS) were added for each sector where they were not otherwise
included in the MSGP 2000.
- Total
Recoverable Chromium and Phenols were added as
Benchmark Monitoring Parameters for the Wood Preserving
(SIC 2491) Subsector of Sector A—Timber Products.
-
Total Recoverable Manganese was removed as a Benchmark
Monitoring Parameter for Waste Rock and Overburden Piles
from Active Ore Mining or Dressing Facilities under Sector
C—Metal Mining (Ore Mining and Dressing).
-
Total Recoverable Lead, Total Recoverable Nickel, Total
Recoverable Zinc, Ammonia Nitrogen, and Nitrate
+ Nitrite Nitrogen were added as Benchmark Monitoring
Parameters for the Oil Refining (SIC 2911) Subsector of
Sector I—Oil and Gas Extraction and Refining.
- Total
Recoverable Lead was added as a Benchmark Monitoring
Parameter for the Tires and Inner Tubes; Rubber Footwear;
Gaskets, Packing and Sealing Devices; Rubber Hose and Belting;
and Fabricated Rubber Products, Not Elsewhere Classified
(SIC 3011—3069, rubber manufacturing only) Subsector
of Sector Y—Rubber, Miscellaneous Plastic Products,
and Miscellaneous Manufacturing Industries.
-
Total Recoverable Lead and Total Recoverable Copper
were added as a Benchmark Monitoring Parameter for the Electronic
and Electrical Equipment and Components Except Computers
(SIC 3612—3699) Subsector of Sector AC— Electronic,
Electrical, Photographic, and Optical Goods Sector.
-
Electronic monitoring data reporting options will be available
for filing all monitoring data, including follow-up monitoring
data. In addition, it will be possible to file reports of
unauthorized discharges electronically. All electronic reporting
will be through the eNOI Center system.
Industry
Sector-specific Requirements
- The
organization of Sector G — Metal Mining requirements
has been revised. Additional information has been added
regarding contaminated seeps and springs discharging from
waste rock dumps; final stabilization; management, inspection,
maintenance, and cessation of clearing, grading, and excavation
activities; site map requirements; and monitoring frequency.
- Management,
inspection, maintenance, and cessation requirements for
clearing, grading, and excavation activities have been added
to Sector J —Mineral Mining and Dressing.
- Additional
information has been added to Sector M—Automobile
Savage Yards to include the inspection of areas where hazardous
materials are stored and the proper handling of mercury-containing
automotive switches.
- Added
information on mercury spill kits to Sector N—Scrap
Recycling and Waste Recycling Facilities.
- Added
text to include illicit plumbing connections and a SWPPP
requirement to include specific good housekeeping control
measures used in each of the facility areas in Sector
P — Land Transportation and Warehousing.
-
Requirements have been added to Sector S—Air
Transportation for emphasizing BMPs, facility inspections,
specific good housekeeping control measures requirements,
vehicle and equipment washwater requirements, and monitoring
during the deicing season and for describing controls used
for collecting or containing contaminated melt water from
collection areas used for disposal of contaminated snow.
- Added
electrical and electronic equipment and components to Sector
AC —Electronic and Electrical Equipment and Components,
Photographic and Optical Goods.
Reporting Unauthorized Releases or Discharges
-
EPA will require that ANY unauthorized release or discharge
to a water body that is not considered potential must be
reported to EPA (i.e., in Region 2 to the Caribbean Environmental
Protection Division of EPA in Puerto Rico) within 30 days
of the event. However, if the unauthorized release or discharge
has the potential to or will endanger human health or the
environment, it must be reported orally to EPA within 24
hours of becoming aware of the event, and then submit a
written report within 5-days of such oral reporting.
The
regulated community or interested parties may submit comments
(via mail or e-mail) to the EPA on the proposed MSGP on
or before January 16, 2006. There are many other changes
to the MSGP that the regulated community should evaluate to
understand the implications of such new proposed requirements
in their specific operation. Electronic versions of this proposal
are available at EPA’s Stormwater Web site http://www.epa.gov/npdes/stormwater.
If you have any questions concerning the proposed MSGP 2006,
please contact any member of our Environmental & Natural
Resources Law Practice Group at 787-751-8999 or via e-mail
to the following address:
Carlos
Colón Franceschi ccf@tcmrslaw.com
Rafael Mullet Sánchez rem@tcmrslaw.com
Rafael Rivera Yankovich rryanko@tcmrslaw.com
Michelle Renaud Jiménez mrenaud@tcmrslaw.com
Suzette Meléndez Colón smelendez@tcmrslaw.com
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