EPA's 2015 General Permit For Industrial Stormwater Carries New Risks For Industry

In a controversial change, the 2015 version of the Environmental Protection Agency (EPA) general permit for industrial stormwater discharges (known as the Multi-Sector General Permit, or MSGP) expressly prohibits the discharge of any pollutants that are not listed in the permit. The prior version of the MSGP – issued in 2008 – did not include this express prohibition on discharges of unlisted pollutants. As a result of this change, facilities operating under the MSGP may need to supplement their reliance on the general permit with a separate, facility-specific National Pollutant Discharge Elimination System (NPDES) permit or be at increased risk of liability for discharges of unlisted pollutants. The 2015 MSGP became effective on June 4, 2015, and facilities operating under the expiring 2008 version of the MSGP must submit their Notices of Intent to operate under the 2015 MSGP by September 2, 2015, absent an extension from EPA.