New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.10 - Evaluation of significant and adverse disproportionate environmental impacts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant
				  shall use generally accepted statistical methods to evaluate the physical
				  conditions identified pursuant to section
				  487.9(b) 
				  of this Part for the impact study area and each of the comparison areas to
				  evaluate whether and to what extent the impact study area has significant and
				  adverse disproportionate environmental impacts.
(b) The applicant shall then compare and
				  contrast the physical conditions of the impact study area that would result from
				  construction and operation of the proposed facility, as identified in section
				  487.9(d)(3) 
				  of this Part, with the physical conditions in each of the comparison areas to
				  evaluate whether the proposed facility results in or contributes to any
				  significant and adverse disproportionate environmental impacts in the impact
				  study area. The applicant shall evaluate whether or not there are any significant
				  and adverse disproportionate cumulative impacts to air quality in the impact
				  study area in accordance with its approved air modeling protocol pursuant to
				  section
				  487.7 
				  of this Part.
(c) The applicant shall
				  discuss to the fullest extent possible and with sufficient detail the nature and
				  magnitude of any significant and adverse disproportional environmental impact
				  based on each of the comparisons made pursuant to subdivision (b) of this
				  section, and the nature and magnitude of the total of all the disproportionate
				  environmental impacts in the impact study area.
(d) In the event that the applicant's
				  evaluation indicates that the proposed facility is likely to result in or
				  contribute to any significant and adverse disproportionate environmental impact
				  in the impact study area during its construction or operation, the applicant
				  shall identify the specific measures it will take to avoid, offset or minimize
				  each impact for the duration that the certificate is issued to the maximum extent
				  practicable using verifiable measures. The applicant shall include in its
				  evaluation a discussion of the effect these measures would have on the
				  applicant's conclusions about any significant and adverse disproportionate
				  environmental impacts in the impact study area. The applicant shall avoid any
				  disproportionate impact to the maximum extent practicable, or, if the applicant
				  cannot avoid the impact, the applicant shall minimize the disproportionate impact
				  to the maximum extent practicable. If the disproportionate impact cannot be
				  completely avoided or minimized, the applicant shall offset the impact, with
				  priority given to offset measures that will benefit the area where the degree of
				  significant and adverse disproportionate impact is greatest.