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 487.6 - Preparation and content of the environmental justice analysis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This section sets forth the general
				  requirements and procedures for completing an EJ analysis. The applicant's EJ
				  analysis and its use of these procedures, and any studies or reports relied upon
				  by the applicant to conduct its EJ analysis, shall inform the board's findings
				  regarding whether the construction and operation of the proposed facility will
				  result in or contribute to any significant and adverse disproportionate
				  environmental impacts, and whether the applicant will avoid, offset or minimize
				  the impacts caused by the facility to the maximum extent practicable.
(b) Pre-application requirements.
(1) The applicant's EJ analysis shall be
				  initiated early in the pre-application process to facilitate an expeditious
				  pre-application process and to enable early and meaningful public
				  involvement.
(2) The EJ analysis
				  shall be developed as fully as practicable during the pre-application process to
				  ensure that the applicant's final EJ analysis submitted with its application
				  includes a complete evaluation of any significant and adverse disproportionate
				  environmental impacts of the proposed facility.
(3) The applicant shall in all cases include in
				  its preliminary scoping statement the following preliminary information:
(i) a preliminary description of the size and
				  location of the impact study area based on the criteria set forth in section
				  487.4 
				  of this Part; and
(ii) whether or not
				  one or more EJ areas are present within the impact study area determined pursuant
				  to section
				  487.5(b)
				  and (c)  of this Part and, if an EJ area(s) is
				  present, the location and description of the EJ area(s).
(4) If the applicant's preliminary scoping
				  statement identifies any reasonable and available alternate locations to the
				  proposed facility, the applicant shall comply with the requirements of paragraph
				  (3) of this subdivision for each alternate location.
(5) If an applicant has identified that an EJ
				  area is present within the impact study area, the applicant shall include in its
				  preliminary scoping statement the following additional information as is
				  reasonably available, generally in the form (though in less detail) that it will
				  appear in the application:
(i) a narrative
				  explaining the cumulative impact analysis of air quality proposed to be completed
				  by the applicant pursuant to section
				  487.7 
				  of this Part;
(ii) a preliminary
				  description of the size and location of the comparison areas identified pursuant
				  to section
				  487.8 
				  of this Part;
(iii) preliminary
				  demographic, economic and physical descriptions of the impact study area and each
				  comparison area required pursuant to section
				  487.9 
				  of this Part;
(iv) a detailed
				  description of the proposed approach for evaluating and comparing the physical
				  conditions of the impact study area and the comparison areas; and a preliminary
				  evaluation of any potentially significant and adverse disproportionate
				  environmental impacts in the impact study area pursuant to section
				  487.10 
				  of this Part;
(v) the proposed
				  measures to avoid, offset or minimize any significant and adverse
				  disproportionate environmental impacts pursuant to section
				  487.10 
				  of this Part; and
(vi) any studies or
				  program of studies the applicant proposes to undertake to support its final EJ
				  analysis, to the extent not identified in the information supplied in response to
				  subparagraphs (i) through (v) of this paragraph.
(6) If the applicant's preliminary scoping
				  statement identifies any reasonable and available alternate locations to the
				  proposed facility, and the impact study area of any identified alternate location
				  includes an EJ area, the applicant shall comply with the requirements of
				  paragraph (5) of this subdivision for each such alternate location.
(7) The applicant's preliminary EJ analysis
				  shall be clearly and concisely written in plain language so that it can be read
				  and understood by the public and stakeholders, and include as much information as
				  practicable to provide stakeholders with a clear indication of the scope of the
				  applicant's final EJ analysis.
(8)
				  Upon receipt of the applicant's preliminary scoping statement, the department may
				  provide guidance to the applicant, as necessary, to supplement its preliminary EJ
				  information. The department, on its own or in cooperation with stakeholders may
				  enter into stipulations related to the applicant's final EJ analysis.
(9) If:
(i)
				  the applicant has met the requirements of subdivisions (1) through (3) of PSL
				  section 163;
(ii) pre-application
				  intervenor funds have been disbursed;
(iii) the public and stakeholders have had an
				  opportunity to comment on the preliminary scoping statement; and
(iv) the stipulation process has closed, and no
				  EJ area is present within the impact study area, the applicant's required EJ
				  analysis is complete.
(10)
				  After providing the public and stakeholders with an opportunity to comment on its
				  preliminary scoping statement, the applicant may choose to undertake a full EJ
				  analysis although it is not required. In this case, the applicant may revise its
				  scoping statement to include the additional information required in paragraph (5)
				  of this subdivision or may use the stipulation process to obtain agreement on the
				  scope of its final EJ analysis.