Following the May 18 presentation on the early reissuance of the Industrial Stormwater General Permit (ISGP), Ecology has released responses to several questions and comments raised by permittees, consultants, and other interested parties.

One of the most important updates is that Ecology is now anticipating a later effective date for the next ISGP. While the initial schedule projected an August 2028 permit issuance with an effective date in September 2028, Ecology now anticipates issuing the permit in late summer or early fall 2028, with an effective date of January 1, 2029.

This is a meaningful update. Many permittees expressed concern about the implementation challenges created by an accelerated reissuance timeline, especially for facilities managing corrective actions, treatment decisions, reapplication requirements, and long-term permit cycle planning. Ecology’s response shows that early input matters. It also demonstrates that Ecology is actively considering whether the schedule is practical and implementable for the regulated community.

The Washington Stormwater Center will continue to support early input opportunities as the reissuance process moves forward. Below are Ecology’s responses to questions and comments received following the May 13 early reissuance presentation.

Questions and Answers from the May 13 Early Reissuance Presentation

If the site is larger than 5 acres, but the drainage basin triggering the Level 3 is less than 5 acres, would we be allowed the 18-month language in this permit?

The language is based on the total facility acreage of 5 acres or larger, not on the drainage area acreage.

How does retirement of Secure Access Washington (SAW) at the end of 2027 affect the reapplication process?

No effect is anticipated. WaTech – Washington Technology Solutions, the state agency in charge of the transition, is aiming for SAW accounts to automatically transfer to the new WA.gov login system and does not expect SAW users to create a new account in WA.gov. SAW users will receive updates and any instructions as the transition nears.

Will there be PFAS benchmarks in the new permit?

Ecology has not made a decision on this yet, but will do so prior to the release of the draft ISGP.

What is the definition of “small business”? Do you anticipate that definition staying the same?

Yes, Ecology plans to retain the current definition of small business to be consistent with state law, RCW 19.85.020.

“Small business means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees.”

Do you anticipate requiring SWPPP revisions due to Level 3 Corrective Actions to be certified by a PE?

Ecology plans to continue the current requirement to have a “qualified industrial stormwater professional” review and certify that the SWPPP update is reasonably expected to meet the ISGP benchmarks upon implementation. This requirement may be waived once per permit cycle.

Please see definition:

“Qualified Industrial Stormwater Professional means a licensed professional engineer, geologist, hydrogeologist; Certified Professional in Stormwater Quality, Certified Professional in Erosion and Sediment Control; or qualified environmental professional with education and experience in stormwater management and licensed to do business in the State of Washington.”

In addition, Level 3 Corrective Actions that involve “site-specific design or sizing of structures, equipment, or processes to collect, convey, treat, reclaim, or dispose of industrial stormwater” require the permittee to submit an Engineering Report to Ecology that is stamped by a Licensed PE.

Will the new permit change 6PPD-q sampling requirements?

Ecology has not made a decision on this yet, but will do so prior to the release of the draft ISGP.

Do you anticipate copper/zinc benchmarks to be lowered in the new permit using the 2022 Water Quality Assessment?

No, Ecology anticipates that the ISGP benchmarks will not change based on the 2022 Water Quality Assessment.

However, certain discharges to Category 5 impaired waters on the 2022 WQA will continue to trigger numeric effluent limits for the pollutant of concern, which are assigned at the time of permit coverage and derived to be equal to the acute water quality criterion of the receiving water.

Will the 2028 permit use the 2022 Water Quality Assessment for effluent limits and other Table 6 monitoring requirements?

Yes. See the response above. Ecology will calculate benchmarks and effluent limits using the newly EPA-approved 2022 Water Quality Assessment.

Can you elaborate on the training requirements for designers? Is it CESCL training?

Washington’s ISGP does not specify training requirements for SWPPP preparers or designers, but requires the person certifying the SWPPP to be a “Qualified Industrial Stormwater Professional”: a licensed professional engineer, geologist, hydrogeologist; Certified Professional in Stormwater Quality, Certified Professional in Erosion and Sediment Control; or qualified environmental professional with education and experience in stormwater management and licensed to do business in the State of Washington.

Does Ecology plan on allowing entities that have met the requirements for reduced sampling to continue reduced sampling through the first part of the new permit cycle?

Consistent Attainment does not reset during the permit cycle. Consistent Attainment allows reduced monitoring to once a year for a period of three years, or 12 consecutive quarters, based on consistent attainment of benchmark values. Permittees must still take an annual sample. A facility must collect eight total samples before it can claim Consistent Attainment.

Additionally, a permittee who has a significant process change shall not use previous sampling results to demonstrate Consistent Attainment.

Suspension of sampling based on Consistent Attainment does not apply to pollutant parameters subject to “report only” requirements, oil sheen, or numeric effluent limits based on federal Effluent Limitation Guidelines, Condition S5, or Section 303(d) of the Clean Water Act, Condition S6.

What is the new schedule for the 2028 permit?

Initially, Ecology projected an August 2028 issuance date with an effective date in September 2028. While Ecology is working out the final schedule and taking into consideration impacts of these decisions, Ecology anticipates issuing the permit in late summer or early fall 2028, with an effective date of January 1, 2029.

Ecology is further analyzing a different schedule to ensure that the effective date is responsive to the regulated community’s concerns and as implementable as possible.

Will Ecology consider waivers for implementing treatment at discharge points that are in Level 3 due to a facility-wide tally of exceedances in 2025 but would not be under the revised permit language, such as where fewer than three quarterly exceedances occurred at an individual discharge point?

Yes, the current ISGP will continue to allow permittees to request waivers from Level 2 and Level 3 corrective actions. These may be partial waivers, such as reducing the area or drainage basins requiring corrective action, or complete waivers.

Does Consistent Attainment reset on the reissuance date?

Consistent Attainment does not reset, with current language.

Why not just make the new permit effective January 1, 2029?

See the question above about the new schedule.

Permittees discharging to a Puget Sound Sediment Cleanup Site are required to collect solids samples and clean storm lines at least once per permit cycle. Will there be a grace period or allowance for this requirement to give permittees the five-year period?

Permittees can take samples during the five-year cycle at any time; it does not have to occur at the end of the permit cycle. Ecology will take this into consideration and has not yet decided how it will implement this requirement at this time.

The cleaning requirement could be an issue.

Thank you for your comment.