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6 CRR-NY 487.9NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

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

6 CRR-NY 487.9

487.9 Comprehensive demographic, economic and physical descriptions.

(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);

(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.

(c) In presenting the public health data required in subdivision (b) of this section, the applicant shall use a protocol approved by the department and the Department of Health. For purposes of evaluating the health outcomes of the impact study area, comparison areas in addition to the comparison areas identified in section 478.8 of this Part shall be used in accordance with the approved protocol.

(d)

(1) The applicant shall evaluate the potential significant adverse environmental and public health impacts of the proposed facility on the impact study area, during both its construction and operation, utilizing the applicant's evaluation of expected environmental and public health impacts of the facility required pursuant to paragraph (b) of subdivision (1) of PSL section 164, and the cumulative impact analysis of air quality as required pursuant to section 487.7 of this Part.

(2) In evaluating the significance of any adverse environmental and public health impacts of the proposed facility, the applicant shall measure the impacts against regulatory thresholds or standards, as applicable, and shall also consider the following:

(i) scope, magnitude, frequency, and duration of the impacts on the environment, public health, and quality of life in the impact study area;

(ii) nature of the impacts on sensitive populations including children and the elderly;

(iii) degree of increased risk in the event of natural or man-made disasters; and

(iv) any other information necessary to evaluate significance of the adverse impacts.

(3) The applicant shall add the potential significant adverse environmental and public health impacts of the proposed facility on the impact study area to the existing physical conditions of the impact study area identified pursuant to subdivision (b) of this section to obtain a comprehensive description of the physical conditions of the impact study area that would result from construction and operation of the proposed facility.

6 CRR-NY 487.9

Current through June 30, 2022

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