On June 3, the 2015 EPA Multi-Sector General Permit (MSGP) expired, and the permit was administratively continued for discharges that were covered prior to permit expiration. For new or existing facilities and operators that did not submit a Notice of Intent (NOI) for 2015 MSGP coverage prior to expiration, coverage cannot be obtained. For these facilities, the EPA outlines requirements in a No Action Assurance (NAA) Memorandum, which establishes conditions that must be satisfied to avoid enforcement action. These conditions include meeting the 2015 MSGP eligibility criteria, and providing the EPA a 30-day advance notice of their operator status and their intention to operate in accordance with the 2015 MSGP by submitting an Intent to Operate (ITO) form through the National Pollutant Discharge Elimination System eReporting Tool  (NeT) for MSGP to allow EPA time to review the notice prior to the discharge of stormwater associated with industrial activity.

There are some nuances, however. Although the NAA requires submission of an ITO 30 days prior to discharge, EPA has since waived the 30-day review period. EPA will notify the facility if there are concerns with the ITO.

“Submitting the Intent to Operate is not the same thing as obtaining National Pollutant Discharge Elimination System coverage. Eligible facilities should come into compliance with the 2015 Multi-Sector General Permit as soon as possible and must submit a Notice of Intent to be covered under the 2020 MSGP within 90 days of its effective date.”

Elizabeth Wilson, Principal Scientist

About the experts

Elizabeth Wilson is Principal Scientist, Environmental Compliance, for Brown and Caldwell. She is based in New Hampshire, and has 16 years of environmental consulting and industry experience.

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