New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 617 - State Environmental Quality Review › Section 617.9 - Preparation and content of environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Environmental impact statement
				procedures.
(1) The project sponsor or the
				lead agency, at the project sponsor's option, will prepare the draft EIS. If
				the project sponsor does not exercise the option to prepare the draft EIS, the
				lead agency will prepare it, cause it to be prepared or terminate its review of
				the action. A fee may be charged by the lead agency for preparation or review
				of an EIS pursuant to section
				617.13  of this
				Part.
(2) The lead agency will use
				the final written scope and the standards contained in this section to
				determine whether to accept the draft EIS as adequate with respect to its scope
				and content for the purpose of commencing public review. This determination
				must be made in accordance with the standards in this section within 45 days of
				receipt of the draft EIS. A draft EIS is adequate with respect to scope and
				content for the purpose of commencing public review if it meets the
				requirements of the final written scope, sections
				617.8(g)
				 and 617.9(b)  of this Part, and provides the public and involved agencies with
				the necessary information to evaluate project impacts, alternatives, and
				mitigation measures.
(i) If the draft EIS is
				determined to be inadequate, the lead agency must identify in writing the
				deficiencies and provide this information to the project sponsor.
(ii) The lead agency must determine whether
				to accept the resubmitted draft EIS within 30 days of its receipt. The
				determination of adequacy of a resubmitted draft EIS must be based solely on
				the written list of deficiencies provided by the lead agency following the
				previous review.
(3)
				When the lead agency has completed a draft EIS or when it has determined that a
				draft EIS prepared by a project sponsor is adequate for public review, the lead
				agency must prepare, file and publish a notice of completion of the draft EIS
				and file copies of the draft EIS in accordance with the requirements set forth
				in section
				617.12 
				of this Part. The minimum public comment period on the draft EIS is 30 days.
				The comment period begins with the first filing and circulation of the notice
				of completion.
(4) When the lead
				agency has completed a draft EIS or when it has determined that a draft EIS
				prepared by a project sponsor is adequate for public review, the lead agency
				will determine whether or not to conduct a public hearing concerning the
				action. In determining whether or not to hold a SEQR hearing, the lead agency
				will consider: the degree of interest in the action shown by the public or
				involved agencies; whether substantive or significant adverse environmental
				impacts have been identified; the adequacy of the mitigation measures and
				alternatives proposed; and the extent to which a public hearing can aid the
				agency decision-making processes by providing a forum for, or an efficient
				mechanism for the collection of, public comment. If a hearing is to be held:
(i) the lead agency must prepare and file a
				notice of hearing in accordance with section
				617.12(a)
				and (b)  of this Part. Such notice may be
				contained in the notice of completion of the draft EIS. The notice of hearing
				must be published, at least 14 calendar days in advance of the public hearing,
				in a newspaper of general circulation in the area of the potential impacts of
				the action. For state agency actions that apply statewide, this requirement can
				be satisfied by publishing the hearing notice in the ENB and the State
				Register;
(ii) the hearing will
				commence no less than 15 calendar days or no more than 60 calendar days after
				the filing of the notice of completion of the draft EIS by the lead agency
				pursuant to section
				617.12(b) 
				of this Part. When a SEQR hearing is to be held, it should be conducted with
				other public hearings on the proposed action, whenever practicable;
				and
(iii) comments will be received
				and considered by the lead agency for no less than 30 calendar days from the
				first filing and circulation of the notice of completion, or no less than 10
				calendar days following a public hearing at which the environmental impacts of
				the proposed action are considered, whichever is later.
(5) Except as provided in subparagraph (i) of
				this paragraph, the lead agency must prepare or cause to be prepared, and must
				file a final EIS, within 45 calendar days after the close of any hearing or
				within 60 calendar days after the filing of the draft EIS, whichever occurs
				later.
(i) No final EIS need be prepared if:
(a) the proposed action has been withdrawn
				or;
(b) on the basis of the draft
				EIS, and comments made thereon, the lead agency has determined that the action
				will not have a significant adverse impact on the environment. A negative
				declaration must then be prepared, filed and published in accordance with
				section
				617.12 
				of this Part.
(ii) The
				last date for preparation and filing of the final EIS may be extended under the
				following circumstances:
(a) if it is
				determined that additional time is necessary to prepare the statement
				adequately; or
(b) if problems with
				the proposed action requiring material reconsideration or modification have
				been identified.
(6) When the lead agency has completed a
				final EIS, it must prepare, file and publish a notice of completion of the
				final EIS and file copies of the final EIS in accordance with section
				617.12 
				of this Part.
(7) Supplemental
				EISs.
(i) The lead agency may require a
				supplemental EIS, limited to the specific significant adverse environmental
				impacts not addressed or inadequately addressed in the EIS that arise from:
(a) changes proposed for the
				project;
(b) newly discovered
				information; or
(c) a change in
				circumstances related to the project.
(ii) The decision to require preparation of a
				supplemental EIS, in the case of newly discovered information, must be based
				upon the following criteria:
(a) the
				importance and relevance of the information; and
(b) the present state of the information in
				the EIS.
(iii) If a
				supplement is required, it will be subject to the full procedural requirements
				of section 617.9(a)  of this Part except that scoping is not required.