N.Y. Comp. Codes R. & Regs. tit. 21 § 461.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 461.9 - Preparation and content of environmental impact statements

(a) EIS's shall be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in subdivision (d) of this section, EIS's should address in detail only those specified adverse or beneficial environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate, considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material shall be summarized, and if it must be included in its entirety, it shall be referenced in the statement and included in an appendix.

(b) All draft and final EIS's shall be preceded by a cover sheet stating:

(1) whether it is a draft or final EIS;

(2) the name or descriptive title of the action;

(3) the location (county and town, village or city) of the action;

(4) the name and address of the Power Authority, and the name and telephone number of a person at the Power Authority who can provide further information;

(5) the names of individuals or organizations that prepared any portion of the statements;

(6) the date of its acceptance by the Power Authority; and

(7) in the case of a draft EIS, the date by which comments must be submitted.

(c) If a draft or final EIS exceeds 10 pages in length, it shall have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement, focusing on issues of controversy, matters to be decided and major conclusions.

(d) The body of all draft and final EIS's shall contain at least the following:

(1) a concise description of the proposed action, its purpose and need;

(2) a concise description of the environmental setting of the areas to be affected, sufficient to permit an understanding of the effects of the proposed action and alternatives;

(3) a statement of the important environmental impacts of the proposed action, including short- and long-term effects and typical associated environmental effects;

(4) an identification and brief discussion of any adverse environmental effects which cannot be avoided if the proposed action is implemented;

(5) a description and evaluation of reasonable alternatives to the action which would achieve the same or similar objectives. The description and evaluation should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The no- action alternatives must also be discussed and evaluated;

(6) an identification of any irreversible and irretrievable commitments of resources which would be associated with the proposed action should it be implemented;

(7) a description of mitigation measures to minimize the adverse environmental impacts;

(8) a description of any of the proposed actions, where applicable and significant;

(9) a discussion of the effects of the proposed action on the use and conservation of energy, where applicable and significant, provided that in the case of an electric generating facility, the statement shall include a demonstration that the facility will satisfy electric generating capacity needs or other electric system needs in a manner reasonably consistent with the most recent State energy plan;

(10) a discussion of the effects of the proposed action on solid waste management where applicable and significant;

(11) a discussion of the effects of any proposed action on, and its consistency with, the comprehensive management plan of the Special Groundwater Protection Program, as implemented by the commissioner pursuant to article 55 of the Environmental Conservation Law;

(12) a list of any underlying studies, reports and other information obtained and considered in preparing the statement;

(13) in the case of a final EIS only, copies or a summary of the substantive comments received on the draft EIS and a response to such comments;

(14) in the case of a final EIS only, indication and identification of all revisions made to the draft EIS; and

(15) for State agency actions in the coastal area:

(i) when the action is not in an approved local waterfront revitalization program area, an identification of the applicable coastal policies of Executive Law, article 42, as contained in 19 NYCRR 600.5, and a discussion of the effects of the proposed action on such policies; or

(ii) when the action is in an approved local waterfront revitalization program area and the action is one identified by the Secretary of State pursuant to section 916(1)(a) of the Executive Law, an identification of the applicable policies of the local program and a discussion of the effects of the proposed action on such policies.

(e) An EIS may incorporate by reference all or portions of other documents, including EIS's which contain information relevant to the statement. When a statement incorporates by reference, the referenced document shall be briefly described, its applicable findings summarized, and the date of its preparation provided. The referenced documents shall be made available for inspection by the public within the time period for comment in the same places where the agency makes available copies of such statement.

(f) A final EIS may consist of the draft EIS, including any necessary revisions to it, copies or a summary of the substantive comments received and their source (whether or not the comments were received in the context of a hearing), and the Power Authority's substantive responses to the comments.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.9