USEPA Releases Draft General Permit for Industrial Stormwater Discharges

On Friday, Dec. 13, 2024, the Environmental Protection Agency (EPA) released a proposed draft 2026 Multi-Sector General Permit for Industrial Stormwater Discharges (MSGP). The MSGP is a general permit that regulates stormwater discharges from various industrial facilities. Like the current 2021 MSGP, the 2026 MSGP would only apply in DC, MA, NH, NM, and certain other jurisdictions; however, states often look to the Federal MSGP when revising their own industrial stormwater permits.

The proposed draft 2026 MSGP includes a number of notable additions that might impact the regulated community, including:

1. Consideration of the impacts of major storm or flood events on the facility and the impact of those events on the effectiveness of stormwater control measures;
2. the proposed addition of PFAS indicator monitoring (without benchmark levels) for most industrial sectors, which would include the 40 PFAS listed in EPA Method 1633;
3. requiring benchmark monitoring (instead of indicator monitoring) for certain constituents for particular industrial sectors;
4. modifying the minimum benchmark monitoring from quarterly sampling in years one and four of the existing permit to quarterly for the first three years of the 2026 permit; and
5. more frequent monitoring required for discharges into impaired waters.

EPA is requesting comment on its proposed draft 2026 MSGP on or before Feb. 11, 2025. If you have any questions about how this proposed draft permit might impact you or your business, please contact Nat Morse or your Vorys lawyer.