N.Y. Comp. Codes R. & Regs. tit. 6 § 487.7

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

Section 487.7 - Cumulative impact analysis of air quality

(a) If the applicant is required to complete an EJ analysis and the proposed facility is an air emission source, the applicant shall conduct a cumulative impact analysis of air quality in accordance with an air modeling protocol approved by the department and consistent with the requirements of this section. The requirements set forth in this section do not alter any other Federal and State air pollution requirements applicable to the proposed facility.

(b) The cumulative impact analysis of air quality shall consider the impacts of the proposed facility with respect to air pollutants specified in subdivision (c) of this section on ambient air quality within a circular area extending from the location of the proposed facility to the larger of the following distances, to be referred to as the EJ air impact area (EJAIA):

(1) one-half mile;

(2) the impact study area defined pursuant to section 487.4 of this Part; or

(3) the distance to the furthest receptor location of maximum impact for any pollutants modeled for the proposed facility.

(c) The cumulative impact analysis shall examine the impacts associated with the following air pollutants:

(1) all criteria air pollutants, except for ozone and its precursors, which are emitted from the proposed facility. The procedures identified in 6 NYCRR Part 231 for assessing ozone precursor emissions will satisfy the requirements of this section for the cumulative impact analysis;

(2) mercury, to the extent that mercury emissions data for the air emissions sources identified in subdivision (d) of this section are reasonably available and acceptable to the department. Emissions of mercury shall not be considered if the proposed facility exclusively uses natural gas for fuel; and

(3) a limited set of non-criteria pollutants. Any non-criteria pollutant to be emitted by the facility and required to be identified in the applicant's preliminary scoping statement shall be considered if the projected concentration of such pollutant may exceed quantified public health-based air criteria, as determined by the department in consultation with the Department of Health and in accordance with the applicant's approved air modeling protocol. For any non-criteria pollutants to be used in the cumulative analysis, the air emission sources identified in subdivision (d) of this section will be included to the extent that emissions data for such sources are reasonably available and acceptable to the department.

(d) The cumulative impact analysis shall take into account the following air emission sources with respect to the pollutants identified in subdivision (c) of this section:

(1) the proposed facility;

(2) any additional proposed article 10 facility for which an application has been submitted and determined by the board to be in compliance with PSL section 164 and which is located in the circular area extending from the EJAIA plus 10 kilometers (6 miles);

(3) any major stationary source located in the circular area extending from the EJAIA plus 10 kilometers (6 miles) that has not yet commenced operations and which has received a permit from the department pursuant to 6 NYCRR Part 201 at least 60 days prior to the date of the applicant's filing of an application pursuant to PSL section 164;

(4) any other permitted stationary source located within the EJAIA that emits an air pollutant in an amount at or above the significant project thresholds as defined in tables 4 and 6 of 6 NYCRR sections 231-13.4 and 231-13.6; and

(5) on a site-specific basis and at the department's discretion, any air emission source that is located contiguous to the proposed facility and for which the necessary emissions data is reasonably available and acceptable to the department.

(e) The total cumulative air impacts for each of the applicable air pollutants are determined by adding the impacts associated with such pollutants from:

(1) the proposed facility;

(2) the other air emission sources identified in subdivision (d) of this section; and

(3) reasonably available background air quality concentrations for each applicable pollutant, in accordance with the applicant's approved air modeling protocol.

(f) The total cumulative air emissions impacts determined pursuant to subdivision (e) of this section shall be used by the applicant in accordance with its approved air modeling protocol to evaluate the significant and adverse environmental impacts of the proposed facility on the impact study area as required pursuant to section 487.9(d) of this Part and to evaluate any significant and adverse disproportionate environmental impacts as required pursuant to section 487.10 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 487.7