EPA Releases Revised Industrial Stormwater Multi-Sector General Permit

Published Jul 28, 2015
Water Quality

In June 2015, the United States Environmental Protection Agency (“EPA”) issued its revised National Pollutant Discharge Elimination System (“NPDES”) Multi-Sector General Permit (“MSGP”) for industrial stormwater discharges. The MSGP applies in Idaho, Massachusetts, New Hampshire, New Mexico, and a handful of other jurisdictions where EPA has authority to issue NPDES permits under the federal Clean Water Act.

Possibly in response to arguments in a recent case, Alaska Community Action on Toxics v. Aurora Energy Services, LLC, 765 F.3d 1169 (9th Cir. 2014), EPA has added language disclaiming authorization to discharge pollutants not specifically allowed by the Permit. This revision may result in increased scrutiny of the Permit’s specific exceptions for various industrial sectors, and encourage applications for individual permit coverage. For more information about the MSGP, contact Bradford Doll at doll@tmw-law.com, or call (206) 493-2324.