AGENCY TESTIMONY
History and implementation of the Filtration Avoidance Determination
0:30:17
·
135 sec
The commissioner provides a historical overview of the FAD and its implementation in New York City. He explains the regulatory framework and the various agreements involved.
- The FAD was first issued in 1993 following the 1989 Federal Surface Water Treatment Rule
- The current FAD is up for renewal in 2027
- The 1997 New York City Watershed MOA is a key agreement related to the FAD
- DEP's land acquisition activities are authorized by a withdrawal permit from the NYS Department of Environmental Conservation
Rohit T Aggarwala
0:30:17
The fad is the regulatory waiver that allows New York City to avoid the filtration requirement of the surface water treatment rule.
0:30:24
It is based on the ability of New York City to convince the EPA, and now as the chair pointed out, the New York State Department of Health, that there are controls in place to protect against future pollution.
0:30:35
There are many tests and reports that are required document that we are maintaining both water quality and ongoing pollution prevention.
0:30:43
And there are key tests we could fail, which would lead the Department of Health or EPA to mandate that New York City immediately moved to build a filtration plant.
0:30:53
The fad also requires us to develop and maintain contingency plans for such a situation.
0:30:59
When we speak of the fad as the chair pointed out, we are in fact speaking of several interconnected protocols.
0:31:05
The FAD itself is a 10 year directive from the State Department of Health.
0:31:09
The current FAD is up for renewal in 2027.
0:31:12
Following the issuance of the first FAD in 1993, DEP was a party to the New York City watershed MOA as the chair mentioned, which was signed in 1997.
0:31:23
In addition, DEP's land acquisition activities in the watershed in compliance with the MOA are authorized by a withdrawal permit which is granted by the New York State Department of Environmental Conservation.
0:31:35
This permit expires in 2025, and we are currently negotiating the next 10 year permit.
0:31:43
The FAD is a globally recognized pioneering example of payments for ecosystem services.
0:31:49
Ultimately, by protecting nature and compensating watershed residents for the costs of those protections, New York City water ratepayers are paying to ensure that nature can filter our water.
0:32:00
And thus avoiding the expense of building and operating a massive filtration plant.
0:32:05
Since 1993, New York City has invested roughly $2,500,000,000 in the programs that make the FAD work.
0:32:13
This is a sizable investment, but one that continues to pay off and is far smaller than what a filtration plant would cost.
0:32:20
In 1993, when the first FAD criteria were implemented, the main risks to our water supply were human and agricultural.
0:32:28
As a result, the FAD broadly includes 3 Cornerstone programs.
