5/31/22

Ohio EPA Issues Next Generation of Industrial Stormwater General Permit; Covered Facilities Must Renew Coverage

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Attorneys & Professionals

On May 18, 2022, Ohio Environmental Protection Agency (Ohio EPA) issued the next generation of the Industrial Stormwater – General Permit, also known as the Multi-Sector General Permit (MSGP). A copy of the new permit is available on the Ohio EPA website. That new permit, General Permit No. OHR000007, goes into effect on June 1, 2022. The old permit, General Permit No. OHR000006, expires on May 31, 2022 after being in effect for the last five years.

Importantly, facilities that have stormwater discharges permitted by the current generation of the MSGP will need to submit a new Notice of Intent (NOI) for coverage under the new permit by August 30, 2022. The facility will also need to pay the $350 application fee. Both of these can be done through the Ohio EPA eBusiness Center. This change will not impact facilities that have individual stormwater permits, or facilities that have filed Industrial No Exposure Certification Forms within the last five years.

The new generation of the MSGP is very similar to the existing MSGP. The major change that facilities should be aware of is that the new permit requires a permitted facility, if applicable, to complete benchmark sampling (four quarterly samples) within the first two years (eight quarters) of the permit, compared to the first three years (12 quarters) under the current generation of the permit. See Part 6.2.1.2. Additionally, for facilities that exceed benchmark values, the new permit also incorporates additional sampling requirements to determine the effectiveness of any corrective action. Id.

Facilities must update their stormwater pollution prevention plan (SWPPP) within 180 days of June 1, 2022 to document compliance with the new MSGP. See Part 5.While this is primarily an administrative task, it is also an opportune time to make any other necessary updates to the SWPPP based on physical changes to the facility or changes in operations, since the most recent SWPPP update.

If you have any questions about the new MSGP or your facility’s stormwater permitting, reach out to Nat Morse, Kristin Watt, Mark Norman, or your Vorys attorney.