“2024 Modifications To Connecticut’s MSGP” Draft Updates For Industrial Stormwater Discharge

The Connecticut Department of Energy and Environmental Protection (DEEP) is in the process of reissuing the industrial stormwater general permit (IGP). The current DEEP National Pollutant Discharge Elimination System (NPDES) General Permit for the Discharge of Stormwater Associated with Industrial Activities also known as the IGP, expires September 30, 2024. The proposed IGP contains more substantive changes than the previous re-issuances in 2016 and 2021.

Changes in the Proposed Draft IGP:

• The 2024 draft IGP format has been updated to mirror the U.S. Environmental Protection Agency’s (U.S. EPA’s) national multisector general permit (MSGP) “hybrid multi-sector” format.
• Increase in permit application fees.
• Sector-specific permit monitoring, control measures, best management practices, benchmark thresholds, and Effluent Limitations Guidelines (ELGs) have been updated for various industrial sectors. Information on the industrial sectors with updated requirements are included in Attachment A of the draft 2024 IGP.
• The draft IGP includes a new required “Resiliency Measure” element for Stormwater Pollution Prevention Plans (SWPPPs). resiliency measures include but are not limited to implementation of structural improvements, minimization of impacts of stormwater discharges from major storm events, and relevant stormwater control and emergency procedures. The Resiliency Measures requirement resembles a similar requirement that was added to the U.S. EPA MSGP in 2021.*
• Section 10 of the draft 2024 IGP summarizes the 10 additional conditions requiring corrective actions. The summary table breaks down the type of corrective action, the triggering event, and which sectors the corrective actions apply to, ranging from permittees discharging to an impaired water with an applicable Total Maximum Daily Load and all sectors required to have an industrial stormwater general permit.
• Online Registration for permit coverage under the 2024 IGP must be completed on DEEP’s ezFile portal, along with registration using Connecticut NPDES eReporting Tool (NeT). Training resources will be provided closer to the issuance date to help permittees complete the registration process. Under DEEP’s ezFile, applicants will provide basic site information and fee payment for the renewal. The NPDES NeT portal will include a request for a more detailed description of the facility operations. As part of the registration process, information provided in ezFile, NeT, and the facility’s certified SWPPP will be made available on DEEP’s website for a 30-day public review period prior to the authorization of permit coverage.
• U.S. EPA’s Discharge Monitoring Report (NetDMR) tool will be used to submit DMRs two times a year instead of submitting DMRs throughout the year.
• An Annual Report containing information applicable to the previous calendar year will be due by April 1^st of each year as part of a new permit condition in the 2024 draft IGP.
• As of December 1, 2023, Noncompliance Reporting is available online to help streamline the reporting of a violation and submittal of the follow-up report within 5-days of the violation. The 2024 draft IGP requires noncompliance reporting be submitted using this platform.

*Note for Item 4: This subsection requires that the permittee must consider Section 7(b) when selecting and designing control measures to minimize pollutant discharges via stormwater. This subsection does not require nor prescribe specific SCMs to be implemented; however, the permittee must document in their SWPPP the considerations made to select and design control measures at their facility to minimize pollutants discharged via stormwater.

What Actions Do You Need to Take?

Additional information concerning the registration and renewal process will be posted by DEEP in September 2024. Under the 2021 IGP, those who currently have coverage will maintain coverage for 120 days after the 2024 IGP is issued, allowing permittees to incorporate the updates outlined above. To stay ahead of the anticipated October 1, 2024, reissuance, permittees should review the draft 2024 IGP to familiarize themselves with sector specific changes and permit condition updates. Renewal registrations are not required at this time and registration submitted prior to October 1, 2024, will be rejected.

If you have any questions regarding the draft 2024 IGP updates or what your next steps should be to prepare for the issuance of the 2024 IGP, please reach out to me at cnagel@all4inc.com. ALL4 will continue to track updates to the 2024 IGP, and we are here to help with any of the above actions your facility may need to take.