Consider existing pollution burdens when issuing or renewing permits

Date Due:
Responsible Entity:: DEC
Action:: Consider existing pollution burdens when issuing or renewing permits
Summary:: When issuing or renewing certain permits for facilities that may have more than a de minimis impact on the pollution burden of a disadvantaged community, DEC must prepare an existing burden report to assess the existing pollution burden in the disadvantaged. DEC must then consider the report when making its permitting decision, and is prohibited from issuing or renewing the permit if the impact of the project crosses certain thresholds. DEC must also place conditions on permits to reduce the pollution burden of the relevant disadvantaged community.
Status:: ONGOING: on August 31, 2023, DEC adopted amendments to Part 621 of Title 6 of the Uniform Procedures Act regulations to incorporate the disproportionate burden consideration into permitting procedures.
Statute:: ECL § 70-0118

Statutory Language:

(2)(a) When a new project subject to an applicable permit may cause or contribute more than a de minimis amount of pollution to any disproportionate pollution burden on a disadvantaged community, the department shall require the applicant to prepare or cause to be prepared an existing burden report.

(b) In the case of an application for renewal or modification of an applicable permit not subject to the provisions of paragraph (a) of this subdivision which may cause or contribute more than a de minimis amount of pollution to any disproportionate pollution burden on a disadvantaged community the department shall require the applicant to prepare or cause to be prepared an existing burden report; provided, however that the department may elect not to require such existing burden report if the permit would serve an essential environmental, health, or safety need of the disadvantaged community for which there is no reasonable alternative.

(c) Notwithstanding the requirements of paragraphs (a) or (b) of this subdivision, no existing burden report shall be required for an application for a renewal of a permit if an existing burden report has been prepared with respect to such permit within the previous ten years.

(3) (a) When considering an application for an applicable permit, the department shall consider the existing burden report, if any, and an administrative record that includes, but is not limited to, comments received from the public in the disadvantaged community.

(b) The department shall not issue an applicable permit for a new project if it determines that the project will cause or contribute more than a de minimis amount of pollution to a disproportionate pollution burden on the disadvantaged community.

(c) In the case of an application for a modification of an applicable permit, the department shall not issue an applicable permit if it deter-mines that the issuance of the permit would significantly increase the existing disproportionate pollution burden on the disadvantaged community.

(d) In the case of an application for renewal of an applicable permit, the department shall not issue an applicable permit if it determines that the project would significantly increase the existing disproportionate pollution burden on the disadvantaged community.