N.Y. Comp. Codes R. & Regs. tit. 6 § 487.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 487.10 - Evaluation of significant and adverse disproportionate environmental impacts

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 487.10