August 14, 2020

Good morning, Chairman Constantinides and Members of the Committee. I am Vincent Sapienza, Commissioner of the New York City Department of Environmental Protection (DEP). Several colleagues are joining me today, including Angela Licata, DEP’s Deputy Commissioner for Sustainability.

I am here to speak about three bills. The first is Introduction 1851, which would amend the City’s administrative code, building code, and plumbing code to create uniform, city-wide stormwater management requirements. The other two bills, Introductions 142 and 143, both relate to air quality. Introduction 142 would expand the current law to prevent certain types of construction dust from becoming airborne. Introduction 143 would create an emergency ambient air quality monitoring program.

Introduction 1851

I will address Introduction 1851 first. This bill is critical for the City to meet our state mandates to manage stormwater, and will provide several benefits to the city’s residents, including reduced flooding, improved harbor water quality, and a simplified Site Connection/House Connection permit application process.

Stormwater Management

New York City has two main types of sewer systems: the Municipal Separate Storm Sewer System (MS4) and the combined sewer system. In the MS4 system, stormwater and wastewater are conveyed through separate sewers, so all sanitary waste goes to a Wastewater Resource Recovery Facility (WRRF) while all stormwater discharges directly to the nearest waterway. In the combined sewer system, stormwater and wastewater flow through the same pipe system to be treated at a WRRF.

During periods of intense rain, there is a risk that the additional stormwater volume can exceed the combined sewer system’s capacity. During such periods, the combined stormwater and wastewater may be diverted from the WRRF in order to protect the treatment process at the WRRF and discharge directly into area waterways. These diversions are known as Combined Sewer Overflows (CSOs). DEP has invested billions of dollars to reduce CSO frequency and volume in order to improve water quality in local waterways. A key strategy is to reduce the volume of stormwater that enters the system, by managing the stormwater on the site where it falls.

Most of New York City’s land area consists of impervious surfaces, which impede the ground’s absorption of stormwater. When stormwater cannot be absorbed by the ground, it has to be conveyed by DEP infrastructure to either a WRRF or into the harbor water around the city. Green infrastructure practices such as green roofs, rain gardens, and permeable pavements allow sites to capture stormwater where it falls, treating it as a resource rather than a waste. Improving stormwater management by requiring more on-site stormwater control, increases sewer capacity and improves water quality. It also reduces urban flooding, lowers the burden on public infrastructure, and reduces energy demands.

DEC CSO Order

In 2012, the New York State Department of Environmental Conservation (DEC) issued the City a CSO Consent Order that includes a requirement that New York City build/facilitate green infrastructure to manage stormwater. Specifically, it requires the City to build enough green infrastructure to reduce CSOs by 1.67B gallons per year by 2030.

Since 2010, DEP has committed $1.6B to fund green infrastructure projects on City-owned property such as the public right-of-way, schools, parks, and housing. Through partnerships with the Departments of Transportation, Parks & Recreation, and Design & Construction as well as with the Economic Development Corporation and the New York City Housing Authority, DEP has over 10,000 green infrastructure assets constructed or in design. We have successfully “greened” over 1200 acres across the City.

Introduction 1851 will allow DEP to build on these successes while ensuring stormwater management is unified citywide. The bill will require new construction to manage more stormwater runoff onsite using techniques like green infrastructure. Our scientific modeling shows that its implementation will provide CSO reductions (an additional 362 MG/Y CSO volume reduction by 2030) to further improve water quality per CSO Order requirements. Additionally, it will increase green space and align with the goals of the 2019 Climate Mobilization Act.

Legislative History

In 2017, the Council passed Introduction 1346, which authorized DEP to set rules regarding stormwater management in areas of the city that are served by the MS4. This authority was necessary because DEC had issued the City an MS4 permit, which required the City to reduce the volume of pollutants that drain through the MS4 into the City’s waterways.

The bill being considered today, Introduction 1851, expands DEP’s rulemaking authority to cover the entire city, not just the MS4 areas. Passage of this bill would allow the City to meet DEC requirements and to continue to improve the health of our waterways.

Benefits for Permit Applicants

Our primary goal for this bill is to improve stormwater management around the city, but the bill will also streamline existing requirements by applying them uniformly across the city and clarify who must apply for permits.

Since the 2012 Stormwater Rule was promulgated, different areas of the city have had different stormwater management requirements. A new, unified stormwater rule will benefit new developments by:

• Creating simpler and more streamlined Site Connection Permit/House Connection Permit (SCP/HCP) application, design and review processes
• Providing new formulas that are easier to use
• Establishing consistency across sewer areas (making it easier for applicants to plan)
• Allowing more flexibility in design options than those previously permitted
• Providing clear credit for infiltration practices and reuse systems Establishing a New Stormwater Design Manual

Community Engagement

Upon passage of this bill, DEP will promulgate rules pursuant to the City Administrative Procedure Act, which provides notice and ample opportunity for comment to all who would be affected by the new rules. DEP has kicked off outreach to a large number of stakeholders including development community and their technical advisors who have been active in the development of the Green Infrastructure Program and the MS4 Program. We have held multiple meetings and workshops with sister agencies as well as the Economic Development Corporation, and we will continue to conduct outreach to Council staff, community boards, environmental organizations, engineers, architects and developers.

Because of the work the City has done, our waters are now cleaner than they have been in over 150 years. We look forward to continuing collaboration with the Council as we continue this work.

Introduction 142

Introduction 142 would amend existing law regarding construction dust by adding additional materials that are prohibited from becoming airborne. DEP supports clarifying the materials whose use can result in the release of dust. The air code is currently broad enough to include any dust that becomes air borne, and DEP has rules in place to regulate the measures that shall be taken to prevent such air pollutants from becoming air borne. Our air code inspectors will be able to incorporate these changes into our procedures.

Introduction 143

Introduction 143 would create an emergency ambient air quality monitoring program within DEP for response after certain large fires. We have consulted with our partners at FDNY and DOHMH and we do not believe it is necessary to conduct air quality monitoring after typical fires. The chemicals released are often very similar, so testing not necessary to inform the actions needed to avoid smoke exposure. Therefore, the best approach to ensure safety is to keep the public away from the impacted area and to perform a thorough and proper clean-up of affected areas immediately after the fire incident. Any air quality monitoring that is conducted would not change the recommended response for mitigating exposure to contaminants.

Furthermore, the City maintains a database of on-site chemical storage through the Right-to-Know program. If a fire occurs, the database allows FDNY and DEP to immediately determine if there are chemicals of concern inside, without having to wait hours or days for lab results from an air sample.

We all share the same goal. We and our partner agencies are happy to continue working with the Council to ensure that all best practices are followed to protect public health and the environment health following a large fire.

Thank you for this opportunity to testify. My colleagues and I will be glad to answer any questions that you have.