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Part 487: Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10

Contents:

Sec.

§487.1 Purpose

(a) The purpose of this Part is to establish a regulatory framework for undertaking an analysis of environmental justice issues associated with the siting of a major electric generating facility in New York State pursuant to Article 10 of the Public Service Law, enacted in the Power NY Act of 2011 (Ch. 388, L. 2011).

(b) This Part is intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities in environmental justice communities and reduce disproportionate environmental impacts in overburdened communities. It is not intended to, nor shall it be construed to create any right to judicial review involving the compliance or noncompliance of any person with this Part

§487.2 Applicability

This Part applies to all persons seeking a Certificate of Environmental Compatibility and Public Need pursuant to Public Service Law Article 10.

§487.3 Definitions

For purposes of this Part, the following definitions apply:

(a) 'Adjacent communities' means the geographic area contiguous to and surrounding the Impact Study Area of a radius equal to the radius of the Impact Study Area, except that in New York City the adjacent communities shall be limited to a maximum one mile radius. If the Impact Study Area is a one-half mile radius, the "adjacent communities" shall be represented by the next one-half mile radius around the Impact Study Area; if the Impact Study Area is a two mile radius, the "adjacent communities" shall be represented by the next two mile radius around the Impact Study Area or, in New York City, the next one mile radius.

(b) 'Applicant' means a person seeking a Certificate of Environmental Compatibility and Public Need pursuant to Public Service Law section 162 and includes a person proposing to submit an application for a Certificate pursuant to Public Service Law section 163.

(c) 'Board' means the New York State Board on Electric Generation Siting and the Environment.

(d) 'Certificate' means a Certificate of Environmental Compatibility and Public Need authorizing the construction of a major electric generating facility issued by the Board pursuant to Article 10 of the Public Service Law.

(e) 'Comparison Area' means a geographic area used to analyze and compare physical conditions and impacts against the Impact Study Area.

(f) 'Department' means the New York State Department of Environmental Conservation.

(g) 'Department of Health' or 'DOH' means the New York State Department of Health.

(h) 'Department of Public Service' or 'DPS' means the New York State Department of Public Service.

(i) 'ECL' means the Environmental Conservation Law.

(j) 'Environment' means the physical conditions that will be affected by a proposed facility, including land, air, water, minerals, flora, fauna, noise, resources of agricultural, archeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character, and public health.

(k) 'Environmental justice' or 'EJ' means the fair treatment and meaningful involvement of all people regardless of race, color, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

(l) 'Environmental justice area' or 'EJ area' means a minority or low-income community that may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies.

(m) 'Environmental Setting' means the descriptive information that portrays or captures various aspects of the existing environmental condition within an area including existing burdens relating to the environment and public health.

(n) 'Health outcomes' means counts and rates of health-related events in a population. Examples of health-related events are hospitalizations for diseases such as asthma or cardiovascular disease, births of infants with low birth weight, and new diagnoses of cancer.

(o) 'Impact Study Area' means the geographic area of at least a one-half mile radius around the location of a proposed major electric generating facility in which the population is likely to be affected by at least one potentially significant adverse environmental impact resulting from the construction and/or operation of the facility that is different in type, scope, or magnitude compared to the population located in the broader geographic area surrounding the facility.

(p) 'Low-income community' means a census block group, or contiguous area with multiple census block groups, where 23.59% or more of the population have an annual income that is less than the poverty threshold; except that the percentage population and income threshold may be revised to reflect updated demographic data.

(q) 'Major electric generating facility' or 'facility' means an electric generating facility with a nameplate generating capacity of twenty-five thousand kilowatts or more, including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under Article 7 of the Public Service Law.

(r) 'Minority community' means a census block group, or contiguous area with multiple census block groups, where the minority population is equal to or greater than 51.1% in an urban area or 33.8% in a rural area; except that the specific percentages may be revised to reflect updated demographic data.

(s) 'Minority population' means a population that is identified or recognized by the U.S. Census Bureau as Hispanic, African-American or Black, Asian and Pacific Islander, or American Indian.

(t) 'Pre-application' or 'pre-application process' means the period or procedures pursuant to Public Service Law section 163 during which an applicant must file with the Board a preliminary scoping statement; intervenor funding is disbursed for early public involvement; there is an opportunity for stakeholders to comment on the preliminary scoping statement; and stakeholders may enter into stipulations.

(u) 'Preliminary scoping statement' means the preliminary scoping statement required pursuant to Public Service Law section 163 to be filed by the applicant with the Board during the pre-application process setting forth information about the range of potential impacts of the proposed facility and the studies or program of studies to be conducted by the applicant.

(v) 'PSL' means the Public Service Law.

(w) 'Reasonably available' means obtainable from existing data, studies and records, without requiring collection or development of new data.

(x) 'Stakeholders' means those persons who may be affected or concerned by any issue within the Board's jurisdiction relating to the proposed major electric generating facility and any decision being made about it, including all persons required to receive a copy or notice of the applicant's preliminary scoping statement and application.

§487.4 Defining the Impact Study Area

(a) At a minimum, the Impact Study Area must be the geographic area that is encompassed within a one-half mile radius around the proposed location of the facility.

(b) The radius of the Impact Study Area shall be increased by the applicant based on site-specific factors, including the nature, scope and magnitude of the significant environmental impacts, the projected range of those impacts on various environmental resources, and the geography of the area surrounding the location of the proposed facility.

(c) The applicant shall define the Impact Study Area pursuant to subdivisions (a) and (b) of this section for any reasonable and available alternate locations to the proposed facility identified by the applicant.

§487.5 Determining Presence of an Environmental Justice Area

(a) After defining the Impact Study Area pursuant to Section 487.4 of this Part, the applicant shall determine whether the Impact Study Area contains one or more EJ areas.

(b) The applicant, using reliable U.S. Census data or other generally accepted and reasonably available demographic data, shall determine if a minority or low-income community, or both, is within the Impact Study Area. If a minority or low-income community is present, then an EJ area is present in the Impact Study Area. If the demographic data are not sufficient or adequate for determining the presence of a minority or low-income community within an Impact Study Area, the applicant must work with the Department, the municipality, and residents of the Impact Study Area to develop an accurate demographic profile of the Impact Study Area using reasonably available information.

(c) If no area meeting the definition of either a minority or low-income community is present within the Impact Study Area, an EJ area is present if:

(1) a census block group or contiguous area with multiple census block groups has a minority or low-income population that is above 75% of the stated thresholds for defining a minority or low-income community, and

(2) (i) reasonably available air quality data and (ii) health outcome data that have been made available to the public statewide at the zip code level, reveals that the Impact Study Area may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies, when compared to the county as a whole, or if the Impact Study Area is in the City of New York, when compared to the city as a whole. In the case of health outcome data, applicants shall consult with the Department of Health about appropriate comparison areas for specific datasets.

(d) If an EJ area is present within the Impact Study Area, the applicant shall undertake a full EJ analysis in compliance with the requirements of Section 487.6 of this Part.

(e) If no EJ area is present within the Impact Study Area, the applicant shall not be required to undertake a full EJ analysis or use the procedures set forth in this Part to evaluate whether the proposed facility may result in a significant and adverse disproportionate environmental impact in the Impact Study Area; however, nothing in this Part shall preclude the applicant from using such procedures nevertheless as a means to assess the impacts on a community and to facilitate a discussion of reasonable measures to avoid or minimize significant adverse impacts identified for that community.

(f) The applicant shall similarly, pursuant to the requirements of this section, determine if an EJ area is present in the Impact Study Area for any reasonable and available alternate locations to the proposed facility identified by the applicant. If an EJ area is present in the Impact Study Area, the applicant shall undertake a full EJ analysis in compliance with the requirements of Section 487.6 of this Part.

§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 subdivisions (b) and (c) of Section 487.5 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 (1) through (5) 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 subdivision (d) of Section 487.10 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.

§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 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 sixty 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) 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 subdivision (d) of Section 487.9 of this Part and to evaluate any significant and adverse disproportionate environmental impacts as required pursuant to Section 487.10 of this Part.

§487.8 Identifying Comparison Areas

(a) The applicant shall use the following as Comparison Areas against which the Impact Study Area is compared and contrasted pursuant to Sections 487.9 and 487.10 of this Part to evaluate potential significant and adverse disproportionate environmental impacts in the Impact Study Area:

(1) the county in which the facility is proposed to be located; and

(2) adjacent communities as defined in subdivision (a) of Section 487.3 of this Part.

(b) If the facility is proposed to be located within the City of New York, the city as a whole must be used as a third Comparison Area in addition to the Comparison Areas identified in subdivision (a) of this section.

§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);

(c) facilities permitted pursuant to ECL Article 19 (permitted air 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 the construction and operation of the proposed facility.

§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 subdivision (b) of Section 487.9 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 paragraph 3 of subdivision (d) of Section 487.9 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.

§487.11 Statement of Environmental Justice Issues

The applicant shall prepare a Statement of Environmental Justice Issues for inclusion in its application. The Statement shall consist of a summary of its final EJ analysis, including the evaluation of any significant and adverse disproportionate environmental impacts in the Impact Study Area. The statement shall provide a detailed explanation of the rationale for any conclusions made related to EJ issues and identify the individual studies and investigations relied upon in conducting each element of the EJ analysis. The applicant shall articulate the reasons why the proposed measures to avoid, minimize, or offset any disproportionate environmental impacts of the proposed facility will, to the maximum extent practicable, avoid, minimize or offset any identified significant and adverse disproportionate impacts, including a description of the manner in which such measures can be verified and a statement of the cost of such measures.