The Environmental Protection Agency (EPA) has proposed a draft Multisector General Permit (MSGP) under the National Pollutant Discharge Elimination System (NPDES) program for stormwater discharges related to industrial activity. In Alaska, EPA has jurisdiction over NPDES permitting on federal property within Denali National Park, in federal waters (three miles or more offshore), and on certain Indian Country lands. In California, EPA has jurisdiction over NPDES permitting under the MSGP on Indian Country lands.

EPA’s draft MSGP proposes several notable changes for oil and gas extraction permittees, referred to as “Sector I” permittees in the MSGP. The most notable is that oil and gas extraction permittees must now sample their discharges for pH, total suspended solids (TSS), chemical oxygen demand (COD), ammonia, nickel, total recoverable lead, nitrate-nitrogen, total recoverable zinc, and hardness. The samples must then be compared to benchmark values. For facilities that exceed a benchmark value, the permittee will be required to follow a set of “additional implementation measures,” which are progressive improvements that include, potentially, stormwater treatment. While benchmark exceedances are not permit violations, failing to follow an additional implementation measure would be a permit violation subject to EPA enforcement and citizen suits. Adding benchmark sampling to the MSGP substantially increases the regulatory burden and cost for oil and gas extraction permittees and creates new risk for permit violations. The draft MSGP also proposes other changes, including posting a sign regarding permit coverage, allowing composite sampling, and addressing major storm events and extreme flooding. Comments on the draft MSGP are due to EPA by May 1, 2020.

Photo of Veronica Keithley Veronica Keithley

Veronica Keithley specializes in helping clients wade through the murky waters of environmental regulation for NPDES permitting, water quality, stormwater, wastewater, and wetlands. Having extensive skills in finding practical legal solutions to complex environmental matters, she advises clients on environmental permitting and regulatory…

Veronica Keithley specializes in helping clients wade through the murky waters of environmental regulation for NPDES permitting, water quality, stormwater, wastewater, and wetlands. Having extensive skills in finding practical legal solutions to complex environmental matters, she advises clients on environmental permitting and regulatory compliance, and defends clients in enforcement proceedings and litigation, including citizen suits under the Clean Water Act.

Veronica works extensively with a wide range of clients in Washington and Alaska, including industrial, transportation, commodity, energy, and resource development companies, as well as ports and dam operators. She provides counsel on environmental issues related to operations, construction, and development projects, focusing on water issues.

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Photo of Ryan Steen Ryan Steen

Ryan Steen focuses his practice on environmental litigation and regulatory counseling and has extensive experience litigating high-stakes natural resources disputes, particularly those involving claims asserted under the Endangered Species Act, the National Environmental Policy Act, the Clean Water Act, the Magnuson-Stevens Act, and…

Ryan Steen focuses his practice on environmental litigation and regulatory counseling and has extensive experience litigating high-stakes natural resources disputes, particularly those involving claims asserted under the Endangered Species Act, the National Environmental Policy Act, the Clean Water Act, the Magnuson-Stevens Act, and the Marine Mammal Protection Act.

He also advises clients on a variety of environmental regulatory matters. Ryan’s clients include trade associations and individual organizations in the oil and gas, fisheries, forestry, hydroelectric power, mining, tourism, and geophysical exploration industries.

Click here for Ryan Steen’s full bio.