Regulatory Alert: AAAE Submits Comments on EPA's Proposed 2020 Multi-Sector General Permit
June 1, 2020
Today AAAE submitted comments to the U.S. Environmental Protection Agency (EPA) on the agency's proposed multi-sector general permit (MSGP), which would, once finalized, outline the terms and conditions for authorizing certain airports to discharge industrial stormwater. AAAE's response to the agency sought to prevent new, costly mandates on permitted airports and ensure that they have the necessary flexibility to carry out their stormwater management programs, particularly in light of the ongoing challenges caused by the coronavirus outbreak. In particular, AAAE expressed concern over newly proposed universal benchmark monitoring requirements for all permitted airports, regardless of size or past history, and strongly opposed a proposal that would require the implementation of specific stormwater control measures, even if such measures are outdated, no longer viable, or contrary to proper engineering analyses.
Background. In accordance with the Clean Water Act, EPA implements the National Pollutant Discharge Elimination System (NPDES) program, which requires permits for any person or organization, including airports, to discharge industrial stormwater into waters of the United States. EPA's first MSGP was issued in 1995 and revised in 2000, 2008, and 2015, to provide operators with coverage for such stormwater discharge. The MSGP only provides coverage for four states, Washington, D.C., many Tribal areas, and U.S. territories, where EPA is the NPDES permitting authority. However, many states use the MSGP as a model for developing their own industrial stormwater discharge permits, reflecting its importance for the industry and airports.
The proposed 2020 MSGP would make two significant changes from the existing 2015 MSGP. First, EPA would require permit holders to conduct universal benchmark monitoring for all sectors, including air transportation facilities, regardless of facility risk or prior history. In addition, EPA's proposal included a new three-stage protocol that would require permitted airports to implement progressively more prescriptive stormwater control measures when monitoring results exceed or repeatedly exceed benchmark values, known as Additional Implementation Measures (AIM).
Summary of Recommendations. Based on key feedback from members and working with our industry partners, AAAE provided EPA with a series of recommendations for the proposed 2020 MSGP that focused on ensuring EPA-permitted airports have the flexibility to implement their stormwater management program and manage benchmark exceedances, if any, in a manner that is best suited for their particular circumstances. More specifically, AAAE urged EPA to adopt the following changes:
What's Next? EPA has received comments from the stakeholders covered under the proposed 2020 MSGP and is expected to move forward with developing a finalized general permit before 2021. AAAE will continue to engage with EPA and our industry partners to ensure any finalized MSGP meets the needs of the airport community.
If you have any questions, comments, or other feedback regarding the proposed 2020 MSGP, please contact Justin Barkowski at justin.barkowski@aaae.org.
Today AAAE submitted comments to the U.S. Environmental Protection Agency (EPA) on the agency's proposed multi-sector general permit (MSGP), which would, once finalized, outline the terms and conditions for authorizing certain airports to discharge industrial stormwater. AAAE's response to the agency sought to prevent new, costly mandates on permitted airports and ensure that they have the necessary flexibility to carry out their stormwater management programs, particularly in light of the ongoing challenges caused by the coronavirus outbreak. In particular, AAAE expressed concern over newly proposed universal benchmark monitoring requirements for all permitted airports, regardless of size or past history, and strongly opposed a proposal that would require the implementation of specific stormwater control measures, even if such measures are outdated, no longer viable, or contrary to proper engineering analyses.
Background. In accordance with the Clean Water Act, EPA implements the National Pollutant Discharge Elimination System (NPDES) program, which requires permits for any person or organization, including airports, to discharge industrial stormwater into waters of the United States. EPA's first MSGP was issued in 1995 and revised in 2000, 2008, and 2015, to provide operators with coverage for such stormwater discharge. The MSGP only provides coverage for four states, Washington, D.C., many Tribal areas, and U.S. territories, where EPA is the NPDES permitting authority. However, many states use the MSGP as a model for developing their own industrial stormwater discharge permits, reflecting its importance for the industry and airports.
The proposed 2020 MSGP would make two significant changes from the existing 2015 MSGP. First, EPA would require permit holders to conduct universal benchmark monitoring for all sectors, including air transportation facilities, regardless of facility risk or prior history. In addition, EPA's proposal included a new three-stage protocol that would require permitted airports to implement progressively more prescriptive stormwater control measures when monitoring results exceed or repeatedly exceed benchmark values, known as Additional Implementation Measures (AIM).
Summary of Recommendations. Based on key feedback from members and working with our industry partners, AAAE provided EPA with a series of recommendations for the proposed 2020 MSGP that focused on ensuring EPA-permitted airports have the flexibility to implement their stormwater management program and manage benchmark exceedances, if any, in a manner that is best suited for their particular circumstances. More specifically, AAAE urged EPA to adopt the following changes:
- Exempt airports from the proposed universal benchmark monitoring requirements, especially airports with no prior history of benchmark exceedances;
- Provide airports with an inspection-only option in lieu of universal benchmark monitoring if the agency moves forward with such a requirement;
- Allow airports to use a composite sampling method to comply with benchmark monitoring requirements;
- Eliminate the biochemical oxygen demand (BOD5) parameter for those larger airports that comply with sector-specific benchmark monitoring requirements;
- Provide airports with the option to report the percentage of aircraft deicing fluids captured in lieu of sector-specific benchmark monitoring;
- Eliminate a proposal that would require permitted airports to implement prescriptive stormwater control measures in the event that certain benchmark exceedances occurred, even if such measures are outdated, no longer viable, or contrary to proper engineering analyses; and
- Reevaluate and adjust the timeframes that EPA has outlined for permitted airports to implement and/or install certain control measures in the event of certain benchmark exceedances.
What's Next? EPA has received comments from the stakeholders covered under the proposed 2020 MSGP and is expected to move forward with developing a finalized general permit before 2021. AAAE will continue to engage with EPA and our industry partners to ensure any finalized MSGP meets the needs of the airport community.
If you have any questions, comments, or other feedback regarding the proposed 2020 MSGP, please contact Justin Barkowski at justin.barkowski@aaae.org.
