Regulatory Reform - What DEP Is Doing
DEP is working to accelerate an across-the-board review of outdated regulations and permit conditions to maximize the resources that are productively dedicated to improving water quality. Recent initiatives and publications regarding calls for regulatory reform are below.
Association of Metropolitan Water Agencies Criticizes Proposed SRF Cuts In House
In light of the nearly $1 trillion worth of water infrastructure investment required over the coming decades, AMWA and 10 other groups called on lawmakers to fund the SRFs at their pre-sequester FY13 levels ($909 million for the DWSRF and $1.452 billion for the CWSRF).
The New York Water Environment Association’s Proposal for a New NYS Pure Water’s Program
This proposal is designed to address the serious financial situation that municipalities face in complying with water pollution control laws, and in particular the diverse but unfunded mandates under delegated Clean Water Act programs.
Public Comments on EPA’s National Enforcement Initiatives for Fiscal Years 2014-2016
New York City urges EPA to use its national and regional enforcement power to assist municipalities in addressing the environmental and public health issues they have the least capacity to address on their own: air pollution and greenhouse gas emissions.
DEP Comments on EPA’s Proposed Changes to 40 CFR Part 63, Subpart ZZZZ, Which Establishes Operational Limitations for Reciprocating Internal Combustion Engines
Deputy Commissioner Vincent Sapienza issues support for the EPA’s proposed changes which will allow owners and operators of RICE to participate in an emergency demand response program up to 100 hours per year.
DEP Comments on EPA’s Integrated Planning and Permitting Regulatory Framework
Commissioner Strickland testifies before the U.S. House of Representatives Subcommittee on Water Resources and Environment of the Transportation and Infrastructure Committee advocating for the U.S. Environmental Protection Agency to allow cities that have demonstrated a commitment to water infrastructure more flexibility in managing their investments and to develop better affordability criteria suitable for cities with disparate levels of income.
DEP Comments to EPA on the Draft White Paper, “Retrospective Study of the Costs of EPA Regulations. An Interim Report of Five Case Studies”
Commissioner Strickland appreciates the challenges in estimating future costs and acknowledges EPA’s goal to improve future benefit-cost analyses by better understanding how ex post costs compare to estimated, ex ante costs.
DEP Comments on EPA’s Proposal to Achieve Water Quality Through Integrated Municipal Stormwater and Wastewater Plans
Commissioner Strickland urges EPA to follow through on its proposal to use an integrated planning approach that would help federal, state, and city regulators collaborate and prioritize various water quality efforts in a way that is most cost-effective and beneficial to New Yorkers.
DEP Comments to EPA on Draft Guidance on Identifying Waters Protected by the Clean Water Act
Deputy Commissioner for Sustainability Carter Strickland offers two suggestions to the EPA and the Army Corps of Engineers concerning the purpose and jurisdictional matters of the Draft Guidance.
DEP Comments to EPA on President Obama's Executive Order 13563 on Improved Regulation and Regulatory Review
Commissioner Holloway stresses the impacts of unfunded consent orders and calls for prioritization of investments that achieve the greatest public health benefits while protecting DEP's 835,000 customers from unsustainable water rate increases. (03/18/2011)
Money Matters: The Need for a New Enforcement Approach under the Clean Water Act and for Affordability Reform
Commissioner Holloway asks EPA to consider new enforcement approach at National Association of Clean Water Agencies. Regulatory reform should accommodate local conditions, be based on public health risks and the likely effectiveness of proposed solutions, and take into account the public’s ability to absorb future water rate increases. (03/01/2011)
DEP Comments on EPA’s Proposed “Coming Together for Clean Water” Strategy:
On behalf of DEP, Deputy Commissioner for Sustainability Carter Strickland issues support for many EPA initiatives including using green infrastructure, developing locally-based partnerships, and the agency’s focus on watershed-level planning. (09/17/2010)
DEP Comments to EPA on Proposed Revision to Water Quality Standards Regulations
Deputy Commissioner for Sustainability Carter Strickland urges EPA to shift away from a one-size-fits-all approach toward amore thoughtful, site specific regulatory framework that takes into consideration the appropriate use of New York City’s waterways. (09/17/2010)
DEP Comments to EPA on Proposed Rulemaking Related to Sanitary Sewer Systems / SSOs
DEP implores EPA to consider CSO and SSO policies in tandem while recognizing the unique nature of managing stormwater in an urban environment and not forcing municipalities to retrofit wastewater collection and treatment systems beyond their designed capacities. (08/02/2010)
DEP Comments to EPA’s Draft FY2011 – 2015 Strategic Plan
Commissioner Holloway recommends that EPA develop a more collaborative approach with municipalities in an effort to achieve the President’s commitment to data-based regulation focused on improving public health in the most cost-effective manner possible. (07/30/2010)
DEP Comments to EPA on the Questionnaire for Proposed Regulations of Municipal Separate Storm Sewer Systems (MS4)
Deputy Commissioner for Sustainability Carter Strickland urges the EPA to create feedback tools that are sensitive to the challenges of urban areas such as high population density, affordability measures, and unique conditions of highly developed cities. (06/09/2010)
DEP Comments to EPA on Stormwater Management Regarding Discharges from New Development and Redevelopment
Deputy Commissioner for Sustainability Carter Strickland recommends that EPA take into consideration the unique constraints of New York City’s ultra-urban setting the potential that nationwide standards could negatively impact positive economic development in our city. (02/26/2010)