On April 20, the Environmental Protection Agency (EPA) extended the public comment period for the 2020 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges associated with industrial activity, also referred to as the “2020 Multi-Sector General Permit (MSGP).” The comment period was extended for 30 days, setting a new deadline of June 1, 2020. Construction companies that perform activities associated with cement or concrete manufacturing, asphalt paving, minerals mining, or landfill operations will all likely be impacted by the changes. AGC has several concerns with the proposed permit and is working with a coalition to submit comments.
AGC’s top concerns with the permit are: (1) the complicated structure for an Additional Implementation Measure (AIM) Program with quarterly reporting obligations for permittees; (2) new requirements for universal benchmark monitoring; and (3) an eligibility prohibition for facilities that use coal-tar sealants in industrial activity areas. AGC is also concerned with the extensive industry-specific “fact sheets” in Appendix Q. It is confusing when and to what extent these fact sheets would apply. Several of AGC’s industry partners have reported that not all of the practices included in the fact sheets are achievable or applicable at every facility.
The draft permit incorporates changes due to a legal settlement (related to the 2015 permit) as well as changes in response to recommendations from the National Academies of Science. The Multi-Sector General Permit (MSGP) applies where EPA is the permitting authority and sets the standard for related industrial general permits issued by states.
For more information or to share your concerns with the draft permit, contact Melinda Tomaino at melinda.tomaino@agc.org.
Article updated: May 7, 2020