The Consult

2024 Stormwater Permit – What’s New?

Industrial operations have a significant responsibility when it comes to protecting state waters from the potential harm caused by stormwater runoff. This runoff, often contaminated with various pollutants, poses a threat to the environment, and specifically our waterways. The long-awaited 2024 National Pollutant Discharge Elimination System (NPDES) General Permit for the Discharge of Stormwater Associated with Industrial Activities (Industrial General Permit (2024 IGP)) serves as the critical regulatory framework, guiding industrial facility operations in their efforts to mitigate stormwater pollution.

The current General Permit for the Discharge of Stormwater Associated with Industrial Activity expires on September 30, 2024. The last substantial reissuance of the Industrial General Permit occurred in 2011, with only “as-is”, no change renewals issued between 2016 and 2021. The primary objective of the new 2024 IGP is to safeguard state waters from the adverse effects of stormwater runoff emanating from industrial facilities and to provide a more concise method of registration, reporting, and record keeping. Given the intermittent nature of stormwater discharges, characterized by high flows occurring over short intervals, the permit necessitates control measures tailored to each facility's specific characteristics.

Significant Changes:

With the draft 2024 IGP having undergone public comment and now under review, here is a summary of the potential changes currently in the proposed 2024 IGP:

• Updated format that mirrors the 2021 US EPA Multi-Sector General Permit (“MSGP”)
• Sector-specific designations for each permittee
• Clarification on stormwater and non-stormwater discharge authorizations and prohibitions
• Additional Stormwater Control Measures (“SCMs”) and Best Management Practices (“BMPs”) for certain sectors
• The inclusion of, or updates to, sector-specific federally required Effluent Limitation Guidelines (“ELGs”)
• Increases in monitoring requirements to align with the MSGP
• The inclusion of a new “Corrective Actions” section
  • This new section offers clarifications on complying with permit conditions, guidance on what constitutes a permit violation, and emphasizes stormwater control measures outlined in the recently updated Connecticut Stormwater Quality Manual (SQM, published September 2023).
• Utilization of electronic DMR reporting
• A new online noncompliance notification reporting tool
• Recommendations for the evaluation of resiliency measures
  • The Resiliency Measures element is a new component of the Stormwater Pollution Prevention Plans (SWPPP), added in response to Connecticut's commitment to preparing for ongoing climate changes. Increasing temperatures, precipitation, and drought frequency are among the climate impacts currently affecting and projected to affect water quality and quantity in Connecticut. Implementing structural improvements, enhanced pollution prevention measures, and other mitigation strategies can help minimize the effects of stormwater discharges during major storm events such as hurricanes, storm surges, extreme precipitation, and floods. This new element of the SWPPP aims to identify resource gaps, promote emergency planning, and identify additional processes and procedures that may need to be considered and, if necessary, implemented during variable weather patterns. This section does not require or prescribe specific SCMs or BMPs to be implemented and is not intended to impede or conflict with local efforts to improve and bolster resiliency.
• Submittal of an annual report, consistent with the MSGP and similar permits in the region.

Registration and Compliance Process:

Industrial facility operators will be required to select, design, install, and execute site-specific control measures in accordance with the proposed 2024 IGP stipulations. Compliance with the permit involves a user-friendly electronic registration process that encompasses the development and implementation of SWPPP, site inspections, and visual assessments. Notably, the recent modifications streamline the registration and reporting process for registrants/permittees. The first part of the registration must be completed using Connecticut DEEP’s ezFile portal and the second part of the registration must be completed using the Connecticut NPDES eReporting Tool for the Multi-Sector General Permit, hosted by US EPA.

Note: Existing facilities that currently have permit coverage under the 2021 IGP, will maintain permit coverage for an interim period (120 days) after the 2024 IGP is issued, allowing time for the existing permittees to update the SWPPP and submit a complete application.

According to the CT DEEP Website as of June 5, 2024 (https://portal.ct.gov/deep/water-regulating-and-discharges/stormwater/industrial-stormwater-gp) renewal registrations are not required at this time and should not be submitted. New registration materials and website links will be posted in September 2024, allowing permittees to familiarize themselves with the new process. All renewal registrations submitted before October 1, 2024, will be rejected, and any associated fees will not be refunded or carried over to the next registration.

Key Changes to Reporting Mechanisms and Sampling Requirements:

The upcoming expiration of the current General Permit underscores the need for revisions, aligning with the 2021 US EPA Multi-Sector General Permit (MSGP) to achieve continuity throughout neighboring states. These revisions include sector-specific designations, updates to stormwater and non-stormwater discharge authorizations, and enhanced monitoring requirements. Notably, the transition to electronic reporting via NetDMR portal signifies a fundamental shift in reporting methodologies, ensuring efficiency and accuracy in data submission.

Nearly all monitoring parameters in the 2011 permit are maintained in the 2024 IGP draft with benchmark threshold values, developed based on state Water Quality Standards, and are carried forward from the 2021 permit.

Slight differences for sector specific sites are observed, specifically thresholds applicable to certain sectors for ammonia, total aluminum, total arsenic, total cadmium, total cyanide, total iron, total mercury, total nickel, total selenium, and total silver are adopted from EPA’s MSGP 2021.

Assistance from HRP Associates, Inc.:

In navigating the complexities of compliance and reporting under the 2024 IGP, industrial facility operators can rely on the expertise of HRP Associates, Inc. Their specialized environmental consulting services provide invaluable support, ensuring seamless registration, accurate reporting, and sustained compliance with regulatory standards.