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 487.9 - Comprehensive demographic, economic and physical descriptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The comprehensive demographic, economic and
				  physical descriptions of the impact study area and the comparison areas shall
				  accurately represent the community character and environmental setting of each
				  area, including land use and zoning information, population densities, income
				  statistics, and environmental or physical conditions.
(b) The applicant shall prepare comprehensive
				  demographic, economic and physical descriptions for the impact study area and
				  each of the comparison areas. The comprehensive description of the impact study
				  area required under this subdivision shall not consider any impacts which may
				  result from the construction or operation of the proposed facility. The
				  comprehensive descriptions shall include reasonably available data on:
(1) population, including total population and
				  population density;
(2) racial and
				  ethnic characteristics;
(3) income
				  levels; and
(4) the following
				  physical conditions:
(i) public health,
				  including available data on asthma and cancer, in accordance with subdivision (c)
				  of this section;
(ii) air quality,
				  including national-scale air toxics assessment data;
(iii) number and concentration of the
				  following:
(a) industrial or municipal
				  facilities permitted pursuant to Titles 7 or 8 of ECL Article 17 (permitted State
				  pollutant discharge elimination systems);
(b) facilities registered pursuant to Title 10
				  of ECL Article 17 (petroleum bulk storage facilities);
(c) facilities permitted pursuant to ECL
				  article 19 (permitted air facilities);
(d) facilities permitted or registered pursuant
				  to titles 7 or 9 of ECL article 27 (solid waste management facilities and
				  hazardous waste treatment storage and disposal facilities);
(e) facilities required to file an annual
				  report pursuant to ECL section 27- 0907(6) (large quantity generators of
				  hazardous waste);
(f) sites regulated
				  pursuant to titles 13 or 14 of ECL article 27 (inactive hazardous waste disposal
				  sites and brownfield cleanup sites);
(g) facilities regulated pursuant to title 23
				  of ECL article 27 (vehicle dismantling facilities);
(h) facilities registered pursuant to ECL
				  article 40 (hazardous substance bulk storage facilities);
(i) projects undertaken pursuant to title 5 of
				  ECL article 56 (environmental restoration projects);
(j) facilities subject to corrective action
				  pursuant to ECL section 71-2727 (solid or hazardous waste management facilities
				  subject to Resource Conservation and Recovery Act corrective action);
(k) sites participating in the department's
				  voluntary cleanup program; and
(l)
				  facilities licensed pursuant to article 12 of the Navigation Law as major oil
				  storage facilities;
(iv)
				  open space, including land dedicated to public parks, playgrounds, and playing
				  fields and waterfront access;
(v)
				  historic and cultural resources and community or neighborhood character,
				  including existing patterns of population concentration, distribution, or
				  growth;
(vi) visual and aesthetic
				  resources;
(vii) ground or surface
				  water quality;
(viii) ambient sound
				  level; and
(ix) vehicular and
				  pedestrian traffic; and
(5) any other information reasonably necessary
				  to provide an accurate and complete representation of the demographic, economic
				  and physical characteristics of the impact study area and the comparison
				  areas.