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Regulatory Flexibility Analysis NYCRR Parts 701 & 703

Regulatory Flexibility Analysis for Small Business and Local Government

1. Effect of Rule:

The proposed rule would apply to any local governments or small businesses that have permitted discharges of treated sanitary sewage into Class I or Class SD waters. All of New York's Class I and Class SD waters are located within New York City and Suffolk County.

Within Suffolk County, there are no wastewater treatment plants or other regulated parties that discharge into Class I or Class SD waters. Therefore, the proposed rule would not apply to any small businesses or local government within Suffolk County.

Within New York City, the rule would apply to the municipality of New York City and several small businesses that have permitted discharges of treated sanitary sewage. The small businesses are already required to meet the swimmable goal of the federal Clean Water Act because their State Pollutant Elimination Discharge System (SPDES) permits contain conditions that ensure they meet Class SC water quality standards. As discussed in the Regulatory Impact Statement (RIS) for this rulemaking, New York City is also already obligated to bring New York City waters into compliance with the swimmable goal. Therefore, this rulemaking would not impose any costs on regulated persons or local governments beyond those costs that are currently required.

2. Compliance Requirements:

New York City would likely need to plan, design, and/or construct pollution abatement facilities in order for Class SD and Class I waters to meet the swimmable goal of the Clean Water Act. This process generally commences with the issuance or renewal of a SPDES permit or Long-Term Control Plan and continues through a construction compliance period. The Department requires permittees to submit a report describing their chosen pollution abatement plan, including a schedule of construction. The Department must review and approve the report before construction may commence.

New York City would be required to monitor for both fecal coliform and total coliform in Class SD waters. The City currently monitors for fecal coliform in Class SD waters as part of its Sentinel Monitoring Program required under its SPDES permits and Post-Construction Compliance Monitoring Program required under its CSO Order, as discussed in the RIS. Sampling results are reported in an annual report required under the SPDES permit and CSO Order. There would be no increase in paperwork as a result of this rulemaking because the City already annually reports its water quality data, and it may report data on total coliform at the same time.

3. Professional Services:

Professional services of consulting engineers would likely be needed for the design and construction management of new pollution abatement facilities. Consulting engineers would provide the sampling and analysis, modeling, engineering, facilities planning, project development and management expertise to assist New York City in implementation of future projects. However, the projects that necessitate these services are already required, as fully discussed in the RIS.

4. Compliance Costs:

The RIS discusses the costs of complying with the proposed rule. However, as discussed above and in the RIS, there are no new costs to regulated parties, small businesses, or local and state governments associated with this rulemaking because regulated parties are currently required to comply with the standards proposed in this rulemaking.

5. Economic and Technological Feasibility

Various technologies exist that can be used for pollution abatement to comply with the proposed Class I and Class SD water quality standards.

6. Minimizing Adverse Impact:

This rulemaking does not impose any new costs on regulated parties. As explained above and in the RIS, New York City is already obligated to bring New York City waters into compliance with the swimmable goal. The Department's water quality regulations have provisions, however, that can potentially mitigate economic impacts associated with meeting the swimmable goal. Under 6 NYCRR Section 702.17, the Department may grant a variance to effluent limitations under certain circumstances to provide temporary regulatory relief to a permittee while measures are taken to achieve compliance.

The planning, design, and/or construction of pollution abatement facilities generally commence with the issuance or renewal of a SPDES permit or Long-Term Control Plan and continue through a construction compliance period. The Department requires permittees to submit a report describing their chosen pollution abatement plan, including a schedule of construction. The Department must review and approve the report before construction may commence.

7. Small Business and Local Government Participation:

The Department will hold a public hearing on this rulemaking to receive comments from stakeholders on the proposed regulations. In addition, the Department will hold a public information meeting, in advance of the public hearing, to present an overview of the proposed rulemaking.

8. Cure Period:

The proposed revisions in this rulemaking do not require the inclusion of a cure period, pursuant to Chapter 524 of the Laws of 2011, because there are no changes to any existing violations or penalties, and no new violations or penalties are established.


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