The New York State Department of Environmental Conservation (NYSDEC) issued the final renewal of the SPDES Multi-Sector General Permit (MSGP) for Stormwater Discharges from Industrial Activity GP-0-23-001 on March 8, 2023. This permit has a 5-year term and replaces the MSGP GP-0-17-004, which expired on February 28, 2023.
The Climate Leadership and Community Protection Act (CLCPA) was enacted into law on July 18, 2019, establishing aggressive targets that required all state government to reorient their decision-making processes. As part of those actions, NYSDEC was required to promote adaptation and resilience through assessing reasonably foreseeable risks of climate change on any proposed projects, taking into account issues such as: sea level rise, tropical and extra-tropical cyclones, storm surges, flooding, wind, changes in average and peak temperatures, changes in average and peak precipitation, public health impacts, and impacts on species and other natural resources; identifying the most-significant climate-related risks, and measures that could mitigate those impacts.
Enabling Permit Holders to Take Action
In order to comply with the CLCPA, NYSDEC incorporated in the GP-0-23-001 new requirements that mandate existing permittees to take immediate action.
One of the main changes mandates permittees to implement enhanced stormwater control measures for facilities that have the potential to be impacted by future physical climate risks. As such, new and existing facilities seeking coverage under MSGP GP-0-23-001 will be required to address the following in their Stormwater Pollution Prevention Plans (SWPPP):
- Does the facility have the potential to be impacted by future physical climate risks such as major storm events, storm surge, seiche, sea-level rise and flood events? The Community Risk and Resiliency Act (CRRA) provides guidance on evaluating risk.
- Such facilities must consider a list of enhanced control measures, either Best Management Practice (BMP) selection and/or design considerations to evaluate and mitigate activities on site that may contribute to stormwater pollution due to the events listed in the prior bullet.
- Consideration of all BMPs, whether determined to be appropriate or not, must be documented in the SWPPP.
In addition, the NYSDEC has made the following updates:
- All documents required as part of the GP-0-23-001 require electronic submission, not only NOI and ACR, as required previously by the GP-0-17-004.
- The NYSDEC now has the ability to terminate permit coverage upon discovery of any facility being closed or otherwise no longer in operation.
Grandfather Clause for Extended Coverage
If your facility was covered under the expired MSGP GP-0-17-004; it is eligible for continued coverage under the new GP-0-23-001. NYSDEC granted facilities permitted under GP-0-17-004 with an interim basis for up to one hundred twenty (120) calendar days (until July 6, 2023) to update and implement their SWPPP to comply with the requirements of the new permit, prior to submitting a NOI. A complete NOI must be submitted to the NYSDEC within ninety (90) calendar days from the effective date of the new permit (until June 6, 2023).
If you would like to discuss these new permit requirements and how they may impact your facility, please email Mayra Durante Cotes or Brian Noel in Trinity’s Albany office or call 518.348.9276.
