Statewide Availability for Comment: Draft State Pollutant Discharge Elimination System (SPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction[...]

Public Notice

Availability for Comment: Draft State Pollutant Discharge Elimination System (SPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activity GP-0-25-001

This notice announces the availability of the draft SPDES Construction General Permit (CGP) for Stormwater Discharges from Construction Activity GP-0-25-001 (draft GP-0-25-001) and its draft Fact Sheet for public comment.

Background:

The New York State Department of Environmental Conservation (NYS DEC) proposes to renew the SPDES Construction General Permit (CGP) for Stormwater Discharges from Construction Activity as GP-0-25-001. Upon its anticipated effective date, GP-0-25-001 will replace the previous general permit, GP-0-20-001, which expires on January 28, 2025.

Pursuant to Section 402 of the Clean Water Act (CWA), and 40 CFR 122.26(b)(14)(x), (15)(i), and (15)(ii), stormwater discharges from certain construction activities (including discharges through a municipal separate storm sewer system) are unlawful unless they are authorized by a National Pollutant Discharge Elimination System (NPDES) permit or by a state permit program. New York's State Pollutant Discharge Elimination System (SPDES) is a NPDES-approved program with permits issued in accordance with the Environmental Conservation Law (ECL). An owner or operator of a construction activity must operate under an effective individual SPDES permit, which addresses the stormwater discharges, or obtain coverage under the SPDES General Permit for Stormwater Discharges from Construction Activity. The authority for draft GP-0-25-001 is Article 17, Titles 7, 8 and Article 70 of the New York State Environmental Conservation Law, as well as 6 NYCRR Parts 621 and 750.

This project is an Unlisted Action under the State Environmental Quality Review Act. A Negative Declaration is on file for draft GP-0-25-001. A coordinated review was not performed in accordance with 6 NYCRR Part 617.6(b)(4).

Changes:

Numerous changes were made in draft GP-0-25-001 compared to GP-0-20-001, which are identified and explained in the draft Fact Sheet. One notable change is that owners or operators with coverage under GP-0-20-001 will not automatically gain coverage under draft GP-0-25-001. Instead, those owners or operators must follow the requirements in Part I.F. of draft GP-0-25-001 to maintain CGP coverage when draft GP-0-25-001 replaces GP-0-20-001.

Documents:

Draft GP-0-25-001 and its draft Fact Sheet can be found on NYS DEC's CGP webpage: https://dec.ny.gov/environmental-protection/water/water-quality/stormwa…

Submitting Comments:

Please submit written comments on draft 2025 CGP and its draft Fact Sheet electronically to the following email address, with "Draft 2025 CGP Comments" in the subject line: [email protected]

Alternatively, written comments may be sent as paper documents by mail to the contact listed below.

The public comment period begins on July 31, 2024 and ends on September 16, 2024 at 5:00 p.m.