Environmental Justice Proposed Regulations
Notice of Proposed Addition of 6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10
The Department has proposed regulations in 6 NYCRR Part 487 to establish a regulatory framework for undertaking an analysis of environmental justice (EJ) issues associated with the siting of power plants pursuant to Article 10 (Article 10) of the Public Service Law.
The regulations proposed in Part 487 implement the EJ provisions of Article 10. They are intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities that affect EJ areas and reduce disproportionate environmental impacts in overburdened communities. As directed by Article 10, the Department's regulations establish how an applicant must undertake its EJ analysis, including the requirements for (i) an evaluation of significant and adverse disproportionate environmental impacts of the proposed facility, if any, resulting from its construction or operation, including (ii) a cumulative impact analysis of air quality, and (iii) a comprehensive demographic, economic and physical description of the community within which the facility will be located, compared and contrasted to the county and adjacent communities.
Comments on the proposed regulations and supporting documents will be accepted until 5 p.m., Thursday, March 15, 2012.
Please submit comments to: Melvin Norris, Director, Office of Environmental Justice at: EJcomments@gw.dec.state.ny.us or by mail to:
NYSDEC Office of Environmental Justice
625 Broadway
Albany, NY 12233-1500
The Department will be holding 3 public hearings on these proposed regulations. The hearings will be held in conjunction with hearings on proposed 6 NYCRR Part 251 regulations related to carbon dioxide performance standards for new major electric generating facilities which are being promulgated by the Department concurrently with these regulations. The hearings will be held on the following dates and times and are scheduled in places that are reasonably accessible to persons with impaired mobility:
Date: Monday, March 5, 2012
Time: 3:00 P.M.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129, Albany, NY 12233
Date: Tuesday, March 6, 2012
Time: 3:00 P.M.
Location: NYS Department of Public Service, 90 Church Street, 4th Floor, New York, NY 10007
Date: Thursday, March 8, 2012
Time: 3:00 P.M.
Location: NYSDEC Region 9 Hearing Room, 270 Michigan Avenue, Buffalo, NY 14203
The Department will provide interpreter services for deaf persons at no charge. Written requests for interpreter services are required and should be submitted by February 20, 2012, to Laura Stevens, NYSDEC, 625 Broadway, Albany, NY 12233-3250, 518-402-8451; email: airregs@gw.dec.state.ny.us.
The Department will conduct a public information session regarding Part 487 for one hour immediately prior to each of the public hearings. During these sessions, Department staff will entertain questions from the public concerning Part 487. Each public information session will commence at 2:00 p.m. and end at 3:00 p.m. These sessions are intended to be informal and will not be part of the official hearing record.
More about Environmental Justice Proposed Regulations:
- Part 487 Express Terms - Express Terms 6 NYCRR Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10
- Part 487 Regulatory Impact Statement - Information on the regulations detailing the statutory authority, legislative objectives, need for and benefits of the regulations, and expected cost.
- Part 487 Regulatory Flexibility Analysis for Small Businesses and Local Governments - information about the effects of the regulations on small businesses and local governments, including compliance requirements, need for professional services, compliance costs, economic and technological feasibility, Department steps for minimizing any adverse impacts, and opportunities provided to small business and local governments to participate in the rulemaking process.
- Part 487 Rural Area Flexibility Analysis - information on how rural areas may be affected by the rule and opportunities provided to persons in rural areas to participate in the rulemaking process.
- Part 487 Job Impact Statement - information on the nature of impact the regulations will have on jobs and employment.
