N.Y. Comp. Codes R. & Regs. tit. 6 § 487.6

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

Section 487.6 - Preparation and content of the environmental justice analysis

(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.

(c) Application requirements.

(1) If an EJ area is present within the impact study area, or the applicant has concluded during the pre-application process that it should complete a full EJ analysis, the applicant shall include as a part of its application a final EJ analysis, including the following information:

(i) the size and location of the impact study area defined pursuant to section 487.4 of this Part;

(ii) the location and a description of any EJ area(s) present within the impact study area identified pursuant to section 487.5 of this Part;

(iii) a cumulative impact analysis of air quality pursuant to the requirements of section 487.7 of this Part;

(iv) the size and location of each comparison area identified pursuant to section 487.8 of this Part;

(v) the comprehensive demographic, economic and physical descriptions of the impact study area and comparison areas pursuant to the requirements of section 487.9 of this Part;

(vi) an evaluation of any significant and adverse disproportionate environmental impacts in the impact study area pursuant to the requirements of section 487.10 of this Part;

(vii) a discussion of the measures to avoid, offset or minimize any significant and adverse disproportionate impacts in the impact study area pursuant to the requirements of section 487.10(d) of this Part;

(viii) any studies or program of studies used to support the applicant's final EJ analysis; and

(ix) a statement of environmental justice issues pursuant to the requirements of section 487.11 of this Part.

(2) If the applicant identifies any reasonable and available alternate locations to the proposed facility in its application, and the impact study area of any alternate location includes an EJ area, the applicant shall comply with the requirements of this subdivision for each such alternate location.

(3) The applicant's final EJ analysis shall be clearly and concisely written in plain language so that it can be read and understood by the public and stakeholders.

(4) The applicant's final EJ analysis shall contain all relevant and material facts and include sufficient detail about the nature and magnitude of any significant and adverse disproportionate environmental impacts of the proposed facility to enable the board to make explicit findings related to EJ issues.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 487.6