2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 5 - Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection › 29-0503 - State Agency Actions on Licenses, Permits, or Approvals for Low-Level Radioactive Waste Management Facilities.

§ 29-0503. State  agency  actions on licenses, permits, or approvals for
low-level radioactive waste management facilities.
1. With respect to any particular permanent disposal  facilities,  all
applications  for  state  licenses, permits, or other approvals required
for  those  facilities  shall  be  submitted  contemporaneously  to  the
respective  state  agencies  with  jurisdiction  to grant such licenses,
permits, or other  approvals;  and  shall  be  accompanied  by  a  draft
environmental   impact   statement  for  those  facilities  and  a  list
identifying each state license, permit, or other approval for which such
applications have been submitted and the jurisdictional state agency for
such license, permit, or other approval.
2. Notwithstanding any other provision of law, all applications  to  a
single  state  agency  for  required  state  licenses, permits, or other
approvals  for  particular  low-level   radioactive   waste   management
facilities  shall be consolidated by such state agency and considered in
a single proceeding,  which  shall  be  completed  as  expeditiously  as
possible.
3.  All  state  agencies  to which applications for required licenses,
permits, or other approvals for particular low-level  radioactive  waste
management facilities have been submitted shall keep each other informed
of  the  procedural  status  of  such  applications  and the proceedings
thereon.
4. With respect to the proceedings on applications for required  state
licenses,   permits,   and  other  approvals  for  particular  low-level
radioactive waste management facilities:
a. If any such license, permit, or other approval for  the  particular
low-level  radioactive waste management facilities in question is within
the jurisdiction of the department, the department  shall  be  the  lead
agency with respect to environmental review of all applications to state
agencies for such licenses, permits, or other approvals.
b.  No  later than thirty days after submission to the lead agency and
other state agencies of such applications, the lead agency and each such
other state  agency  shall  give  notice  to  the  applicant  that  such
applications  within their respective jurisdictions have been determined
to be complete or have  been  determined  to  be  incomplete;  provided,
however,  that when there is a requirement pursuant to federal law for a
tentative determination or draft permit to be prepared prior  to  public
notice  or  hearing,  the  time  within  which the agency shall make its
determination whether or  not  the  application  is  complete  shall  be
extended  by thirty days. If any such application has been determined to
be incomplete, such notice shall include a  detailed  list  of  specific
deficiencies in such application.
c.  No  later  than  sixty  days  after  the  lead  agency  and  other
jurisdictional state agencies have made their respective  determinations
that   such  applications  within  their  respective  jurisdictions  are
complete, the lead agency shall  begin  public  hearings  on  the  draft
environmental  impact  statement  and  all other matters related to such
applications. Any state  agency,  other  than  the  lead  agency,  which
determines  to  conduct  public  hearings  with respect to any action or
proceeding before it on such  applications  shall  conduct  such  public
hearings  jointly  with the public hearings conducted by the lead agency
with respect to such facilities. The department  shall  hold  an  issues
conference  prior  to  the  commencement  of  the  hearing. At least one
hearing shall be held at a reasonably convenient location in the general
geographic vicinity of each of the proposed sites.
d. No later than one hundred fifty days after the commencement of such
hearings for any low-level radioactive waste management facilities, such
hearings and the  period  for  the  receipt  of  any  written  comments,

arguments,  or  analyses with respect to matters raised in such hearings
shall have been completed.
e. No later than ninety days after completion of such hearings and the
period  for the receipt of written comments, arguments, or analyses with
respect to matters raised in such hearings, the lead agency shall  issue
a final environmental impact statement related to the applications which
were  the subject of such hearings. In addition to any other information
otherwise required for a  final  environmental  impact  statement,  such
statement shall include:
(i)  Copies  of  the  minutes of the public hearings held on the draft
environmental impact statement associated with a state agency action  on
a  license,  permit,  or  approval  for  a  low-level  radioactive waste
management facility,  and  the  department's  responses  to  the  views,
comments, information and recommendations thereon; and
(ii)  A  listing  providing  a  brief  description, identification, or
reference for each report, study, or other document relied upon  by  the
department for information supporting its analyses or conclusions.
f. The lead agency shall keep each other state agency before which any
such  application is pending informed of the progress of its development
of the final environmental impact statement. Immediately  upon  issuance
of  the  final  environmental  impact  statement,  the lead agency shall
deliver a copy to each such other state agency.  No  later  than  thirty
days  after  the  issuance of such final environmental impact statement,
the lead agency and each such  other  state  agency  shall  issue  their
decisions  with  respect  to such licenses, permits, and other approvals
with any reasonable modifications or conditions which the  lead  agency,
and  each  such  other  state  agency,  respectively,  finds required in
accordance with the provisions of law and regulations applicable to  its
respective action or proceeding. Each agency shall publish notice in the
state  register  of its decision with respect to such licensing or other
approval. Each such decision shall  be  based  upon  the  administrative
record for the respective action or proceeding.
5.  In  any  action or proceeding of the department or any other state
agency on any application for a required state license, permit, or other
approval for any  low-level  radioactive  waste  management  facilities,
including  any  related  draft  or  final environmental impact statement
proposed or submitted in connection with such application, the following
matters as determined  by  statute  or  certified  pursuant  to  section
29-0105 of this article shall not be in issue:
a. the need for such facilities or the alternative of no action;
b. the site or sites of such facilities;
c. for  permanent  disposal  facilities,  the  disposal  methods to be
utilized;
d. the nature or  type  of  facilities  as  specifically  required  or
authorized by statute; and
e. the  classes  of  waste  which may be stored or disposed of at such
facilities.