Vermont Department of Environmental Conservation to Update NPDES Multi-Sector General Permit No. 3-9003

The Vermont Department of Environmental Conservation (DEC) has proposed to update the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for Stormwater Discharges Associated with Industrial Activity (MSGP 3-9003) that expired on August 4, 2016. The draft 2024 MSGP is available for review on the DEC Environmental Notice Bulletin (ENB) or the DEC Vermont.gov MSGP Landing Page. A public information meeting will be held in person in the Catamount Conference room located in the National Life Building at 1 National Life Drive, Davis 1, Montpelier, VT 05602 and online via Microsoft Teams on June 25, 2024 from 1pm to 3pm. The virtual meeting invite can be found on the ENB.

The DEC will be making any necessary changes to the proposed permit based on public comments submitted via the ENB and received during the live public information meeting. The planned effective date for the 2024 MSGP is not yet known.

Proposed Changes to MSGP 3-9003

Substantial changes to the existing permit include but are not limited to:

• Updates to the notice of intent (NOI) application,
• Requirements for all reports and submittals to be reported electronically via the Vermont Agency of Natural Resources (ANR) Online Services Portal,
• Updates to the copper, selenium, and aluminum benchmark monitoring parameters to align with the U.S. Environmental Protection Agency (U.S. EPA) 2021 MSGP,
• Updates to the inspection procedures by consolidating the comprehensive and routine inspection procedures into one set of procedures,
• Added clarification around which conditions for corrective actions require a review of a facility’s stormwater pollution prevention plan (SWPPP),
• Requirements for each facility’s NOI and SWPPP to posted to the ENB by the DEC for a public comment period,
• Updates to the monitoring requirements for facilities discharging to impaired waters,
• Requirement for additional control measures for benchmark monitoring exceedances,
• Sector-specific updates:
  • Adding discharge from uncontaminated spray down or intentional wetting of logs at wet deck storage areas as an allowed non-stormwater discharge for Sector A,
  • Removing coverage for earth disturbing activities for Sector G and H,
  • Adding construction permit requirements for Sector J,
  • Adding requirements for deicing operations for Sector S, and
  • Creation of a new industrial sector (Sector AD-1) for facilities that produce biogas through the anaerobic digesting and processing of organics.

What Actions do you Need to Take?

If your facility has coverage under this permit, expect to submit an electronic NOI (eNOI) and an updated SWPPP via the Vermont ANR Online Services Portal in the coming months.

Facilities currently covered under the 2011 MSGP should submit an eNOI via the ANR Online portal within 180 days after issuance of the 2024 MSGP to ensure the facility’s stormwater coverage is uninterrupted. Facilities with a Conditional Exclusion for No Exposure (NOX) of the industrial activities at their site must submit a No Exposure Certification to VDEC under the 2024 MSGP in the coming months.

If you have any questions regarding the proposed updates to the 2011 MSGP or what your next steps should be to prepare for the adoption of the 2024 MSGP, please reach out to me at jfantone@all4inc.com. ALL4 will continue to track updates to the 2011 MSGP, and we are here to help with any of the above actions your facility may need to take, along with any other aspects of stormwater compliance your facility may need.