NYSDEC Draft Renewal of SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity

The New York State Department of Environmental Conservation (NYSDEC) released its draft renewal of SPDES Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP) (GP-0-23-001) for public review. Once the revised MSGP is finalized, it is set to replace the current general permit, GP-0-17-004, which will expire on February 28, 2023. NYSDEC is accepting comments on the draft MSGP until September 30, 2022. Comments can be submitted to the NYSDEC via handwritten mail or e-mail.

Does the MSGP apply to my facility?

The MSGP coverage is applicable to facilities that discharge stormwater and engage in the types of industrial activities that are laid out in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). Such industrial activities are defined within the permit as various sectors such as timber products, chemical manufacturing, scrap recycling, and many more. The intent of the MSGP is to regulate stormwater discharges from such facilities in order to minimize impacts to New York State surface waters.

If your facility is currently covered by GP-0-17-004 or if it is eligible for coverage under the pending MSGP renewal, please note the proposed upcoming changes and how they might affect your facility and its operations.

Summary of important changes to be reflected in GP-0-23-001:

• All documents will need to be submitted to the NYSDEC electronically. This includes the Notice of Intent (NOI) and the Annual Compliance Report (ACR). NYSDEC will continue to utilize the NetDMR reporting system.
• If a facility is closed or no longer in operation, NYSDEC has the right to terminate permit coverage in order to direct staff efforts towards active sites.
• To ensure compliance with the regulations under Section 17-a of the Community Risk and Resiliency Act (CRRA), Chapter 355 of the Laws of 2014, facilities that are at risk of being affected by physical climate events must implement heightened stormwater control measures.
• In the event that stormwater monitoring indicates an exceedance of the MSGP limitations, the ACR must describe the actions taken to address and prevent future recurrence of the exceedance. In addition, Quarterly Visual Monitoring (QVM) will be required during the next storm event after corrective actions are taken.
• Facilities that store salt only for commercial or wholesale use will no longer be eligible for coverage under the MSGP and may have to apply for an individual permit.

Walden can help your facility obtain coverage under the MSGP and ensure compliance with a Stormwater Pollution Prevention Plan. Please feel free to give us a call at 516-588-6859.