AUG-07-2007 08:20 FROM:EXXONM08IL 7038465803 TO: 916312329898

New York State Department of Environmental Conservation Notice of Incomplete Application - This is NOT a Permit

AppliCQli01l /D: 2--6101.00107/00026 Balch Number: 978765

Facility: EXXONMOBIL GREENPOlNT REMEDIATION PROJECT 400 KINGSLAND AVE BROOKLYN, NY 11222

COn/act: STEVE TRfFILEITl Owner to; 1072808 MOBIL OIL CORPORATION 464 DOUGHTY BLVD INWOOD, NY 11096

Pe,.mil(s)Appliedjol': 1 -Article 15Title 15 Long Island WeH - 2.- "to'· 00' 0 '/DO 0 'Z 7 l - Artlcle r7 Titles 7 & 8 Industrial SPDES - Surface Discharge. 2 - Co,~' -r, 0 1011oc 0 U

Project Location: in BROOKLYN in KfNGS COUNTY

Your applies·don for Permit is Incemplere, The following items are required:

SPDES Incomplete Items: 1. Part 75Q-7 (a) (1 L): A topographic map on a scale of approximately one inch equals 2000 feet (or other map ifa topographic map is unavailable) extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment storage and disposal facilities; the portion of the mapped area on Indian Lands; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area. . Diagrams and maps should also be supplied in electronic format as a ",OfF" and a ". WMF" file. ,­

. /2. Part 7'50-7(a)(14): Certification that the permittee or prospective permittee has Dol been held liable in the last ten years for the violation of pollution control1aws or regulations or certification identifying any such violation, the nature of the offense and the status of its disposition. Copies of consent orders should be supplied and copies of any enforcement action or documented violation.

3. Part 750-1. 7(a){ 15): Engineering Reports and Plans and Specifications as may be required by section 750-2.10 of this Part. Plans and specifications for existing treatment, as well as any plans and specifications approved by the Department should be provided.

4. Pan 750- J.7(b)(2): Line drawing. A line drawing of the water flow through the facility with a water balance, showing operations contributing wastewater to the effluent and treatment units. Similar processes, operations, or production areas may be indicated as B single unit, labeled 10

correspond to the more detailed identiflcation under paragraph (3) of this subdivision. The water balance T,nUSl show approximate average flows at intake and discharge points and between units, including treatment units. If a water balance cannot be determined (for example, for certain mining activities), the applicant may provide instead a pictorial description of the nature and amount of any sources of water and any collection and treatment measures. Line diagrams should be supplied in electronic format as a. ".GIF" and a ". WMF' file and muse separate process waters from stormwater discharges for monitoring requirement.

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5. Pan 750-1.7(b)(6): Improvements. If the applicant is subject to any present requirements or compliance schedules for construction, upgrading or operation of waste treatment equipment, an identification of the abatement requirement, a description of the abatement project, and a listing of the required and projected 'final compliance dates. Proposed changes must be documented.

6. Part 750-1.7(b)(11): Water supply. The applicant shall provide the name and type of each water supply source as wen as the volume of flow from each of the water supply sources from which the wastewater is derived.

7. Part 75.0-1.7(b}(12)~OutfaII configuration. The. applicant shalJ provide a description of the outfall configuration for each. outfall, The description shall provide sufficient information so that the Department can analyze the effect of the discharge on the receiving waters.

Long Island Well Incomplete Items: 1. Please provide pump capacities for each well, including existing and proposed wens. 2. Provide well desiga data for existing wells in the format submitted for the proposed wells (Drawing #3). J. Provide estimated daily pumping rate for project.

Environmental Justice Items Based on a preliminary screen of census block groups proximate to the project site, we have determined that your project may impact potential environmental justice areas (PEJAs). As defined by NYSDEC policy "CP-29 Environmentel Justice and Permitting" (March 2003), PEJAs are "minority or low income communit(ies) that may bear a disproportionate share of negative environmental consequences.. :1 Applications oftms type (SPUES) are subject to specific requirements to ensure community input during the review process. The enclosed map depicts PElAs relative to your project site.

CP-29 contains additional requirements for a State Pollutant Discharge Elimination System / Solid Waste permit applications within such PEJ areas. In particular, Section V "Procedures," Subsection D, of this policy requires the submission of a written Public Participation Plan. Your Public Participation Plan must focus the community potentially affected by the proposed project, and include stakeholders interested in tbe proposed action. Attached for your use is a "Tips for Preparation of a Public Participation Plan" which you can USe in preparing the above requested plan. Submission and approval of the Plan by the DEC a is a required element of completeness. If you have ongoing public outreach due to the long-term nature of chis project, it may be possible to use that forum to meet the requirements of the Public Participation,

If you have any technical questions regarding this notice, please contact Paul KOlakowski at (518) 402-8104 for SPDES questions and Chan Chakrabarti at (718) 482-4947 torLong Island Well questions. If you have any administrative questions, please contact Steve Watts in the Division of Permits at (718) 482-4077. For assistance with the Environmental Justice Public Participation Plan, please contact Michelle Moore at (718) 482-4967.

Please submit 5 additional copies of all required information.

cc: A 11m MichQt!/s, DEE Alba"y Al Fuchs. DOWAlbany Paul Kolalwwskl, DOWAlbany Scott Crisafulli, DEE Albany

8UG-07-21211217 1218:21 FRDM:EXXDNMD8IL 71213846581213 TO:916312329898

Jo/m Urtla, DLA Chan Cha.fcrlll>ari/, DOW Bub Elburn, DOW TOni RJldD/plr, DOW Ed HumpSIPrl, DER Albany Lou O/hllI, DLA John Crylllf, RPIf. • ,

Please sr.cbmit requested in/ormatioll by A"~ 2'1, 7,u 0 1 Nafurtber action CQn he taken until all ofthese mate~ii/s:e!1_:__-­

Contact Perso,,· STEVE A WATTS NYSDEC 47-4021 ST ST LONG ISLAND CITY, NY 1110 I

Signatur~.

Dare: August 03,2007

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Telephone Number: (718) 482-4997

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AUG-07-2007 08:21 FROM:EXXONM08IL 7038465803 TO:916312329898

Tips for Preparing a Public Par"ricipntioo Plan Pursuant to tbe

New York State Department of Environmental Conservation Commissioner Policy-29. Environmental Jusnce and Permitting

Issued: December 4. 20Q3 Revised: January 8, 2004

The New YorkState Department ofEnvironmenta'l Conservation (DEC) issued Commissioner Policy-Z9 Environmental Justice and Permitting (CP-29). to address environmental justice concernsand ensure community participation in Ihe DBC environmental permit review process. Among other'things, CP-29 amendsthe DEC cnvironmenlal permit reviewprocess by identifYing potential environmental justice areas and establishing requirements for proposed projocts affecting those communities.

CP-29 Section V.D. requires applicants for permits covered by CP-29 to actively seek public participation throughout the environmental permit review process. Public participation in 1he DEC environmental permh review process meansa program of activities dw provides opportunities for stakeholders to be infonned abou~ anl;! involved in me review ora proposed action. Public participation, including openand effectivedialogue withstakeholders. can build relationships, providea torumto address concerns, and helpdevelopand promote actions that minimize impacts on the surrounding community andtheenvironmentas a whole.

Specifically, CP·29 statesthatwhere a potential envlronmentaljusticearea is identified by the preliminary screen, the applicant shall submita wrincn PublicParticipation Plan (plan) as part of its completeapplication. At II minimum, the plan must demonstrate that the applicantwill:

• IdentitY stakeholders to the proposed action;

• Distribute andpost written information on the proposed' actionand the environmental permit review process;

• Holda public information meeting or meetings to keep the public informed about the proposed action and the permit review process;

• Establish an easily accessible document repository or repositories in or near the potential environmental justice area;

• Provide a repo.r1 or reportswhich summarize all progress to-date in implementing the plan, all substantive concerns raised to-date, aU resolved and outstanding Issues, the components of /he plan yet to be implemented andan expected time line forcompletion ofthe plan; and

• Upon completion of the plan, submit wrinen cen.ifteation tllllt the applicanthas complied wilh the plan and submit a final report detailiug the activities that occurred pursuant to the plan.

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The following tips are intended to assist project sponsorsin complyingwith theplan

requIrements as they apply to n~c penn;is stibjed fa CP.29.

Permit AppUcaptIPrQject Sponsors

• Willde\lelop a planthat infonns, encourages dialogueand solicits input from all stakeholders involved. Attention should be paid to public partic.ipation eflbrts in potential environmental justice areas,since these minority and low-income populations have been historically absent from thepublic perticipation process. For more infolT1labon about potential environmental justice areas, pleaserefer to CP·29 or consult wjth the Division of Environmental Pennits anal~ handling lRe'application.

• Will developa plan thaI includes: the identification ofstakcholders; the distributionofwriuen information about the proposed project and the pennir reviewprocess; infonnational meeting(s) to-inform the public ofthe proposed action,the permit review process, and the opportunities forpablic input; and thedesignation ofa docum~ repository or repositories. This plan must be submitted as part ofthe completeapplication and will be made avairable 1.0

th<: public.

• Are encouraged to develop and implement the plan Dr portions of it, prior to Submission of the pennit application.

• Are encouraged to develop the plan wilh input from the suggested groups/sources listed later in this documentunder the Identify StakehQlders nnd create a Cont:8ct List section.

• Will submir a progress report or periodic progress reports to the lead agency and DEC detailing: !he cU1TCri\ swus of the plan's implementation; all substantiveconcerns raised to date; all resolved and outstanding issues; the components of Iheplan yetto be implemented,and an expected lime lineforcompletion of tile plan. The plan and reports should bedetailed and includeamongother things, copies ofwritten infonnation suchas newspaper notices, flyers, and meeting invitatio~ methods used [0 engage the public and solicit outreach; a detailed description of issues; a detailed description ofhow the issues will be addressed; the time and dareof publicmeetings; and me names ofmeetingattendees. The progress.reports will become part ofthe application and will be made availableto the public.

• Will submit a final progress report when the planhas been completed and will certify in writing that the applicant hascomplied w.ith the plan. The certification will become pan of the application and will be made available to the public.

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Identi,[y Stakeholders and Create a COntact List

• Assemble names, addresses, telephone numbersand e-mail addressesof individua1s and organizations witha stake in the proposed actioll by reaching out to:

o residents/neighborhood groups who are near OT adjacent to the proposed projectand that will beor potentially win beaffected by the operation;

o community boards, communityleaders, local community, civic and recreational organizations, environmental and business groups. Ask these entities for their contact lists andotherlocal resources to help identifY smkeholders:

o peoplewho have expressed an interest in the proposed project by attendingpublic mec:lings, writing or calling;

o peoplewho have'expressed an interest in similar projectsor in projects affecting the sameneighboIhood or community;

o neighborhood religious establishments;

o elected offICials;

o appropriate federal, state ~d local government personnel;

o municipal clerks and publicworks department staff. Ask. these' entities for their sewer or water system user lists. municipal telephone directories, tax. rolls and tax maps; and

o local media.

• The contact listshouldbedeveloped early in the appUeation processand updated regularly to

include new stakeholders.

Page 3 of 8

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Written InformatioD

• Should be used to present factual infurmation, outline options,answer questions and invite stakeholders to participate in a meeting.

• Should be clear, concise. free of legal terminology, and tailored to the intended audience. When tailoring ms1:eriaJ for a general audience, keep in mindthat manydaily newspapers are written on a sixth·gradelevel.

• S.houJd beprovided in the English language and translated for thenon..English speaking stakeholdcrs,

• Should be distributed with important paints tUghlighlCd.

• Should let the reader know wherethey can obtain furtherdetailedinfurmation (i.e.website, reposiiery location, OB.e staffcontact information).

• The following formats canbe used to presentwritten information: fact sheet; poster; responsiveness summary; invitation; flyer ill a local newspaper, church bulJc~ bulletin boards, community newsletter, or mailing; posting a billboard noticeon the proposed site;newspaper advertisement or other.

• Suggestions to consider when preporing written material fordistribution:

o The material should be easily nodced by the public. Considercolorful, eye catchingor bold text;

o offera wide distribution to various sources, such as local forums, public meetings, or a local radio station;

o post infonnation at highly visible poinlS in the community (i.e. billboards or othersigns where stakeholders are likely [0 see the information);

o directly mail postcards. flyers or fact sheets to stakeholders on the contactlist; and

o distribute information door-to-door. This will enable the project sponsorto discuss the project with community residents,

Page 4 of 8

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L. Alternative Dispute Resolution. At any time prior to a final decision on the permit, the permit applicant and the public rna)' voluntarily avail themselves of the alternative dispute resolution process to resolve conflict in the permit review process. Prior to issuance of the notice of public hearing. pursuant to 6 NyeRR 621.7. the parties shall be encouraged to seek alternative dispute resolution services from an independent provider. After issuance of the notice ofpublic hearing. the parties shall be encouraged to seek alternatlvc dispute resolution services from the DEC Office of Hearings and Mediation Services (OHMS). Where issues raised in ADR are resolved with enforceable pennit conditions, the DEC shall incorporate those .enforceable permit conditions into the permit. Where issues raised in ADR are resolved with conditions beyond the enforceable authority of the DEC, the conditionsmay be: incorporated into a private agreement between the non­DEC parties and enforceable bythose parties.

M. Decision and Findings Requiremenr, Consistent with existing regulations. any adverse environmental impact related to an action must be avoided Or minimized to the greatest extent practicabte.

Related References: New York State Environm.ental Conservation Law §1-0I0 I ~ New York State Environmental Conservation La.w §3-0301; New York State Environmentel Conservation Law, article 8; New York State Environmental Conservation Law, article 70; New York. State Administrative Procedure Act, ar~iC"le 3; Sections 6 J6, 617, 621 and 624 oftirle 6 of the Official Compilation of Codes, Rules and Regulations of the State ofNew York; USEPA Region 2 Interim Environmental rusuce Policy; Ll.S, Census Bureau.

CP-29 Page 10

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Public Iuformatiop MWings

• Should; o bescheduled afteroonsuIting with community leaders, localorganizations, municipal

andschool officlels, and otherstakeholders insetting a meeting date.. Meetings should bescheduledto avoid fmportant mcctings or events thatare regularly held or already scheduled within thecommunity;

o be held at It timewhen working peoplecan attend. and o notconflict with national or religious holidays or .locally importantobservances.

• Should' beheld in a location that is familiar to residents (i.~ municipal hall, school, fire station or library), is easily accessible to people with disabilities and to public rransporta1ion, and has ample work spaceandparking. Communhy leaders, organizations, municipal and school officials, andotherstakeholders win beable to help identi:t} an approprillle location for the meeting.

• Publicize meeting logistics as earlyas possible to give~keh~lders ample·notifi~tiol\. Notify thecommunity andotherstakeholders at least three weeks before a meeting is to take place.

• At the beginning of the meeting, review the agenda and invite attendees 10 set and ~ to meeting ground rules. Let the attendees know how they can par-tlcipate and allow for comment/question periods both duringand at the conclusion of'the meeting. as time allows. Also, letthe attendees know where the.y can obtain answers to questions they may have after the meeting has concluded,

• Encourage dialogue during the meeting. Avoid one-sided meetings whereeitherthe project sponsor does all ofthc talking or where the stakeholders r:ead a prepared statement with no fc:a:lback from the project sponsor, Explore 0 varlety ofmeetlng formats that· incorporate small group discussions between theprojectsponsor's staffand stakeholders, The use ofa neutral facilitator or meeting planner can help the project sponsor tailor the public meeting to best suit the circumstances. For more in-depth discussion of the project, consider meeting with individuals or smallgroups at their convenience.

• The notification fora public meeting shoald provide: o thename of the project sponsor; o the name andaddress of the proposed project; o the description ofwhy the meeting is beinghetd; o the time andplace of the public meeting; o a shortdescription of why the pUblic shouldatrend; o a short description about how the public can participate, the type of input sought,

whether there will be a question and answer period; o a briefdescription. aboutthe information thatwill be discussed; and o contact infonnation for any questions about meeting.

• A DEC hearing docs not satisfy the requirement fora public meeting. A DEC bearing may be held in addjtion 10 a project sponsor's public meeting. The project sponsor's public meeting should be held prior to any DEC hearing or public comment period.

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Document Re'positories

• Selecta location close to the proposed proJect and easily accessible by stakeholders (i.e. public libraries or community organization offices).

• The repository should have evening and weekend hours, wheneverpossible.

• n)~ repository should contain a copy of all infonnation relevant to the proposed project and should be updatedregularly. Repositories shouldalso bechecked regularly to ensure lhal no documents are missing. A liSt ofcontentswill helpkeepthe repository organized.

• The project sponsormay wish to maintaina second repository online via the Internet, While this may enablesome stakeholders to access the documents, those without lnternetcapability will not be able to access the ,infom1a~ien.

• Where DEC offices are used as a repository. a second repository situated Cl9SC to the proposed projectand easily accessible by stttkeh.old~ should also be established.

Page 6 or 8

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NYS DEC Regional Citizen Participation Specialists Contact Information

Advice and assistance in developing public parti.crpation plans can be obtained by contacting 8 Citizen Participation Specialist in the DEC's Central Office or inone of the regional offices. Their addresses and contact information follow:

Central Office· New York Stare Department of EnvironmenmJ Conservation 625 Broadway, Albany. NY 12233 Citizen Participation Specialist' (518) 402-8044

Region 1 • Suffolk and Nassau counties Regional Director Building 40. Stale University ofNew York, Stony Brook, New York I 1790 Phone: (631)444-0345 Fax: (63 I) 444-03491 (631) 444 -0345 Regional Citizen Participation Specialist Phone: (631) 444..()3S0 I Fax: (63 r) 444-0349

Region 2 - Manhattan, Bronx, Queens, Brooklyn and Staten Island Regional Director 1 Hunter's PointPlaza, 47-40 21st Street, Long Island City, NY tIt 0'1-5407 Phone: (718) 482· 4949 Regional C~eD Participation Specialist Phone: (118) 4·82- 4949 I Fax: (718) 482- 4954

Region J • Sullivan, Ulster, Orange, Dutchess, Putnam, Rockland and Westchester counties Regional. Director 21 South Putt Comers Road, New Pattz, NY 12561-1696 Phone: (845) 256·3003 / Fax.: (845) 25'5-3042 Regional Cit.lzen Participati~n Specialist Phone: (845) 256-3018/ FlO(: (845) 255-0714

Region 4 - Montgomery, Otsego, Delaware, Schoharie. Schenectady, Albany, Greene, Rensselaer and Colwnbia.counties Regional Director Il~N. Westcott Road, Schenectady, NY 12306-2014 Phone; (SI8) 357-20681 Fax: (SI8) 357-2087 Regional Citi7.en Participation Specialist Phone: (518) 357-2075/ Fax: (518) 357.2438

Region 5 - Franklin,Clinton,Essex. Hamilton, Warren,Fulton, Saratoga and Washington counties Regional Director Route 86, P.O. Bo;"( 296, Ray Brook, NY 12977-0296 Phone: (518) 897-1211 RegionaJ Citizen Participati()n Specialist Phone: (S18) 897· 12til Fax: (518) 897-1 J94

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Region 6 ­ Jefferson. Sl Lawrence, Lewis, Oneidaand Herkimer counties Regional Director 317 Washington St., Watertown, NY 13601 Phone: (315) 785-22391 Fax: (315) 785~2242

Regional Citizen Participation Specialist Phone: (3l5} 785-2252/ Fax: (315) 785-2242

Region 7 ­ Oswego, Cayuga, Onondaga, Madison. Tompkins, Cortland, Chenango, Tiogaand Broome counties RegionaJ Director 615 ErieBlvd. West. Syracuse, NY 132-04-2400 Phone: (l1 S)426-7403 / Fa:\(.: (315) 426-7408 Regiomd Citizen Participation Specialist Phone: (J 15) 426-74031 Fax: (315) 426-7408

Region 8 ~ Orleans, Monroe, Wayne. Genesee. Livingston, Ontario, Yates, Seneca, Steuben, Schuyler and Chemung counties Regional Director 6274 E. Avon-Lima Road, Avon, NY 14414-9519 Phone: (585) 226-5.366 Regional Citizen ParticipatioD Specialist Phone: (585)226-5324/ Fax: (SgS) 22&-2013

Region 9 - Niagnm, Erie, Wyoming, Chautauqua, Cattaraugus .and Allegeny counties Regional Director 270 Michigan Avenue, Buffalo. N.V. 14203·2999 Phone: (716) 8S 1-7200 R.egional Citizen Participation Specialist Phone (716) 851- 7201

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CP- 29 Environmental Justice and Permitting

Issuing Authority: Commissioner Erin M. Crotty

Date Issued: 3/19103 Latest Date RevlJed: 3/19/03

I. Summary:

This policy provides guidance for incorporating environmental justice concerns into the New York State Department of Environmerual Conservation (DEC) environmental permit review process and the DEC application of the Stale Environmental Quality Review Act. The policy also Incorporates environmental justice concerns into some aspects of the DEC's enforcement program, grants program and public participation provisions. The policy is written to assist DEC staff, the regulated community and the public in understanding the requirements and review process.

This policy amends the DEC environmental pennit process by id~ntifying potential envlronmenral justice areas; providing information on environmental justice to applicants wilR proposed projects in those communities; enhancing p12bHc participation requirements for proposed projects in those communities; establishing requirements for projects in potential environmental justice areas with the potential for at least one significant adverse environmental impact; and providing alternative dispute resolution opportunities to altow communitiesand project sponsors to resolve issues of concern to the community.

This policy wil! promote the fair involvement ofall people in the DEC environrnental permit process. It will do this by training and educating DEC staff on environmental justice; providing public access to DEC permit informatioR; incorporating envlronmental justice concerns into DEC's pennit review process; and pursuing technical asslstance grants to enable community groups in potential environmental justice areas to more effectively participate ill the environmental permit review process.

This policy contains groundbreaking elements which will lead the nation in environmental justice. As such, the DEC expects. that the policy will be revised regularly to account for new information in the area of environmental justice and other issues encountered during the implementation oftbis policy,

II. Purpose and Background:

In ]998~ various and diverse parties interested in environmental justice. including a number of environmental justice advocates and minority and low-income community representatives from across New York Slate, met with the DEC Commissioner to express concern over environmental justice issues. Concerns raised by interested parties included. but were not limited to: the lack of meaningful public. participation by minority or low-income communities in the permit process; the unavailability or inaccessibility of certain information to the: publlc early in the permit process; and the failure of the permit process to address disproportionate adverse environmental impacts on minority and low-income communities.

CP-29 Page I

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On October 4, 1999, in response to the concerns raised by parties interested io environmentaljustice, DEC announced n new pr.ogram 10 address environmental justice concerns and ensure community participarion in the state's environmental permitting process. DEC named an Environmental Justice Coordinator to oversee lhe Office of Bnvironmental Justice and develop DEC~s Environmental Justice Program,and created two staff positions in the Division ofEnvironmental Penn its. DEC also establishedthe New York State Environmental Justice Advisory Group (AdvisoryGroup) comprising' representatives from state, local and federal government, community groups, environmental groups, and the regulated community. The Advisory Group, chaired by the Environmental Justice Coordinator, was asked to develop recommendations for an environmental justice permit policy and recommend elements for an effective environmental justice program.

On January 2, 2002, the Advisory Group submitted a report to DEC Commissioner Erin M. Crotty containing its recommendations for creating an effective, environmental justice program, The report: Recommendations/or the New York Sua« Department 0/Environmental Conservation Environmental Justice Program focuses on the environmental permit process and is intended to ensure DEC's programs arc open and responsive to environmental justice concerns. Additional recommendations for anenvironmental justice program are also included in the report.

The DEC held public meetings stale-wide 10 solicit public comment on r.he Advisory Group report and accepted public comment for a period in excess of 50 days.. through February 22, 2002. This policy is based on the Advisory Group report, public comment on the report and DEC staff recommendations.

On August 7) 2002, a draft ofthis policy was released for' public review and comment. The comment period exceeded 90 days, ending on October 11, 2002. Numerous detailed comments were received by the DEC and are reflected in this policy and in the Implementation of this policy.

ill. Policy:

It is the general policy 'OCDEe to promote environmental justice and incorporate measures for achieving environmental justice into its programs, policies, reg\llations. leg~slative proposals and activities. This policy is specifically intendedto ensure that DEC's environmental permit process promotes envlronmental justice. This policy supports the DEC's continued funding and implementation of cnvircnmental programs that promote environmental justice, such as urban forestry, environmental education, the "I Fish NY" program and watershed enhancement projects. This policy also encourages DEC efforts to implement other programs, pollcles, regulations, legislative proposals and activities related to environmental justice.

This policy shall become effective 30 days after the full text of this policy, or a summary thereof, along with information on how the full text may be Obtained, has been published in the Environmental Notice Buller-in, as defined in Environmental Conservation Law 70-0 I05. Any application for a permit received after the effective date oflhis policy wifl be subject to the provisions oflhis policy.

CP-29 Page 2

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This policy shall be reviewed at least 18 months from the effective date and revised, as necessary, to consider the policy's applicability to various DEC Programs, incorporate evolving information on environmentaljustice and reflect the best available environmental protection information and resources. The IS-month period shall enable DEC to further develop implementation procedures, better identifyresources needed to imptement the policy, and determine appropriate legislative, regulatoryand policy changes mar can be implemented. Thereafter, DEC shall periodicallyevaluate the needfor further revision, as implementation experience is gained.

This palley will not be construed to create any right or benefit, substantive or procedural, enforceable by law or by equity by a party against the DEC or any right to )udtcial review. This policy may be subject to change at the discretion of DEC.

A. Definitions. For purposes of this policy, the following definitions shall apply.

L Censusblockgroup means 8 unit for the U.s. Census used for reporting. Census block groups generally contain between 250 and 500 housing units.

2. Envtronmental justie« means the fair treatment and meaningful Involvement of all people regardless of race, color, or income with respect to the devclopqlent. implementation, and enforcement of environmental laws, regulations, and policies. Fair-treatment means thal no group of people. inclUding a racial, ethnic, or 'Socioeconomic group, should bear a disproportionate share of the negativeenvironmental consequences resulting ftom industrial, municipal, and commercial operations or the execution of federal, state. local. and tribal programs and policies.

3. Law-income communitymeans a census block group, or contiguous area wlth multiple census block groups, hiving a low-income population equal to or greater than 23.59%'of the total population.

4. Low-income population means a population having an :annual income that is less than the poverty threshold. For purposes of this policy, poverty thresholds are established by the U.S, Census Bureau.

5. Meyor project means any action requiring a permit identified in section 621.2 oftitle 6 of the Official Compilation of Codes, Rules and Regularlonsof the State ofNew York (6 NYCRR Part 62 J.2), which is not specificalJy defined as minor.

6, Minority communitymeans a census block group. or contiguous area with mUltiple census block groups, having a minority population equal to or greater than St. t%. in an urban area and 33.8%" in a rural area ofme total population.

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

• The percent threshold relies on 2000 U,S, Census data. The percent threshold may be adjusted as U.S. Census data is revised.

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8. Potential environmental justice 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 executlcn of federal, state, Iocal, and tribal programs and policies.

9. Rura! area means terr-itory, population, and housing units that ore not classified as an urban area. See definition for 'urban area' below. For purposes of this policy, rural classifications are established bythe U.S. Census Bureau.

10. Urban area means all territory, population, and housing units located In urbanized areas and in places of2,SOO or more inhabitants outside of an urbanized area. An urbanized area isa continuously built-up area with a population of 50,000 or mote. For purposes ofthis policy, urban classifications are established by the U.S. Census Bureau.

B. Poliey Directives. With respect to this policy, DeC shan:

I. Upon the effective date ofmis policy. provide enhanced access;bility ro public penni! information held by the DEC. including access to DEC permit information on the DEC Website and a toll free environmental justice hotline to enable the public to access the Office of Environmental Justice during business hours;

2. Upon. the effective date of this policy, use geographic information system screening tools and U.S. Census data. [0 identify potential environmental justice areas within New York State;

3. Upon the effective date or this policy, use enhanced public participation and public notification mechanisms, including those which are most effective tn potential environmental justice areas.

4. Upon the effective date ofthis policy, DEC shall make guidance available to assist permit applicants in complying with the PubUc Partlclpenon Plan requirements of this policy. The guidance shall contain tools and information, including those that will better enable the applicant to engage community residents in potential environmental justice areas in the environmental perm it review process:

5. Upon the effective date ofthis policy, facilitate alternative dispute resolution between permit applicants. and the public to resolve conflicts in the permit review process;

6. Upon the effective date of this policy, educate permit applicants with respect to environmental justice, the environmental review process) the requirements of this policy and the methodology for identlfylng a potential environmental jusrlcc area by distributing information on environmental justice to permit applicants:

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7. Upon the effective date of this policy, provide to interested members of the public such information on environmental justice that is provided to permit applicant~. Within six months from the effective date of this policy, the DEC shall identify and begin conducting. workshops to educate the public with respect 10 environmental justice. the environmental review process, the requirements of this policy and the methodology for identifying a potential environmental justice area;

8. Upon the effective date of thts policy. establish two work groups to assist DEC to develop and incorporate: critical environmental justice information into the DEC environmental review process. Each work group shall report its results to the D~C Commissioner no later than six months after the effective date of this pq.lky.. The results will be considered by the DEC Commissioner when revising this policy;

i. One work. group shall develop recommendations for conducting a disproportionate adverse environmental impact analysis as a component ofthe environmental impact statement. Although the Advisory Group report recommended a basic methodology for conducting such an analysls, further definition and specific criteria are needed;

ii. A second work group £0 be established in conjunction with the New York. State Department of Health, shall identify reliable sources of existing human health data and recommend means to incorporate such data intothe environmental review process;

9. Within three months from the effective date of this policy, educate DEC staffwith respect 10

environmenta.l justice, the environmental review process and the requirements of this policy, The DEC Office of Environmental Justice shall develop a curriculum and begin implementation of formal training OR environmental justice to affected staff in the Divisionsof Air Resources. Solid & Hazardous Materials, Water, Environmental Permits. Public Affairs and Education, and other divisions. DEC staff charged with policy implementation have already received training;

10. Within three months from the effective date of this policy, begin conducting supplemental compliance and enforcement inspections of regulated facilities lO ensure that facilities are operating in compliance with the Environmental Conservation Law, Supplemental enforcement and compliance inspections will apply to facilities located in potential environmental justice areas where there is reason to believe that such facilities are not operating in compliance with the Environmental Conservation Law;

11. Within three months from the effective date of this policy, translate information on the DEC environmental permit process for comprehension by non-English speakers. The DEC Office of Environmental Justice shall translate the following documents into Spanish: What is SEQR?; A Citizen's Guide TO SEQR; The SEQR Cookbook; How to Apply for a DEC Permit; the Guide to Permit Hearings; and the Guide to Mediation Services. The DEC shall also evaluate the need for transla.tion to other langu:ages;

12. Within three months from the cffectlve date ofthis pol icy, draft legislation ro establish funding and criteria for a technical assistance grant program to assist the public in the permit review process. Funding for the technical assistance grant program shall be derived from the Environmental Protection Fund and may be supplemented by other funding opponunities;

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13. Within six months from the effective date of this policy, draft regulations to enhance the effectiveness and strengthen the elements ofthis policy and address potential adverse environmental impacts that may bear disproportionately on potential environmental justice areas, including regulations to establish mandatory public participation requirements; regulations to require the electronic submission of environmental impact statements; regtilstions to establish additional criteria for determiningsigniticance pursuant to 6 NYCRR 61 7.7. The DEC wiJI also review the list of Type J actions at 6 NYCRR 617.4, evaluate the need for amendments to include actions that may beardisproportionately on porential environmentaJ justice areas and draft regulations based upon the evaluation;

14. Within six months from the effective date ofthis pol·;cy. propose draft revisions to the full environmental assessment form to. among other things, include information that can be used to identify adverse environmental impacts which bear dlsproportlcnatety on potential environmental justice areas, and

15. ensure compliance with the procedural elements of this policy,

IV. Responsibility:

The Office ofGeneral Counsel shall provide oversight to ensure compliance with this potlcy. Each DEC division and office affecled by this policy, includIng those responsible for the permit programs listed in section V.A.' of tbls policy, is expected to provide support to fulfill the clements of this policy.

V. Procedure:

The following procedure shall be incorporated into the DEG permit review process when the DEC serves as Lead Agency under the State Environmental Quality Review Act (SEQR). Where the DEC is not [he Lead Agency under SEQR.. the DEC shall implement the following procedure to the extent permitted by law, including Applicability, the Preliminary Screen, Guidance to Permit Applicants, Enhanced Public Participation, Environmental Impact Assessment. Coordinated Review and Alternative Dispute Resolution. All other requirements related to SEQR shall be strongly encouraged.

A. Applicability.

1. Except as provided for below, the policy shall apply to applications for major projects and major modifications for the permits authorized by the following sections of the Environmental Conservation Law:

i. titles 7 and 8 of article 17, state pollutant discharge elimination system (SPDES) (implemented by 6 NYCRR PIJrt 750 et seq.);

ii. article 19, air pollutlon control (implemented by 6 NYCRR Part 20 I et seq.);

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iii. title 7 of article '1:7, solid waste management (implemented by 6 NYCRR Part 3.60): including minor modifications involving any tonnage increases beyond the approved design capacity and minor modifications involving an increase in the amount of putresciblc solid waste beyond the amount [hat bas already been approved in the existing permlr;

iv, title 9 of article 27, industrial hazardous waste management (implemented by 6 NYCRR Part 373); and

v. title J I ofarticJe 27, siting of industrial hazardous waste faciliries (implemented by 6 NYCRR Part 36 L).

2. This policy shall nOl apply to permitapplications for minor modifications, except as provided above, nor to renewals, registrationsor general permits.

3. Permits authorized by delegation for sources subject to the federal requirements ofprev.ention of significant deterioration (PSD) arc subject to a review process under federal regulations and will undergo an environmental justice analysis consistent with EPA policy and guidance. Sources subject to the federal requirements ofPSD wiU also be subject to other state permits applicable under this policy which, will trigger the requirements of this policy in add;ition to the environmental justice analysis required by EPA policy and guidance,

B. Methodology for Conducting Preliminary Screen. Upon receipt of an application for a permh covered by this policy, the DEC Division of Environmental Pennits shall conduct a preliminary screen to identify whether the proposed notion is in or near a potential environmental justice arca(s) and detennine whether potential adverse environmenral impacts related to the proposed action are likely to affect a potential environmental justice area(s).

l . Identify Potential Adverse Environmental Impacts and Area to be Affected. DEC staff in the Division of Environmenral Permits and the affected environmental quality divisions shall identify potential adverse environmental impacts associated w·ith the proposed action. Environmental quality progmm staff shall also identify the area to be affected by the potential adverse environmental impacts.

2. Determine Whether Potential Adverse Environmental Impacts are Likely to Affect a Potential Environmental Justice Area. An integrated geographic information system and demographic application (GIS Application). shall be used to determine whether potential adverse environmental impacts from the proposed action are likely to affect a potential environmental justice area. Using the infonnation from section V.B.I above, Environmental Permits staffwilJ determine ifany census block groups, meeting the GIS application thresholds for a potential environmental justice area, are within the affected area. The census block. groups meeting the G1S application thresholds for a potential environmental justice area should fall substantially within the affected area. If no census block group(s) meeting the GIS application thresholds for a potential environmental justice area is identified, [he proposed action is nor Iikely to affect a potential environmental justice area and the permit review process may continue independent oFthe elements of this policy. If a census block. group(s) meeting the OI.S application thresholds for 8 potential envlronmental justice area is identified, the proposed action is likely to affect B. potential environmental justice area and the remainder ofthese policy requirements shall be incorporated into the review process.

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C. Gu-idaDce to Permit Applicants. Where a potentlal environmental justice area is identified by the preliminary screen, the DEC Division of Environmcntal Permits shan provilJe the applicant with relevant information on environmental justice. This may include a copy of this policy, the methodology fur identifYing a potential environments! just.icc area, guidance developed to implement the policy (e.g., guidance for developing and implementing a publlc participation plan), information on the ahernative dispute resolution process and other documents as applicable.

D. Enhanced Public Padicipa«on Piau. Public participation in the DEC environmental perm it review process means a program ofactivitles that provides opportunities for citizens to be informed about and involved in the review ofa proposed action, To ensure meaningful and effective publ ie participation, this policy requires applicants for permits covered by this policy to actively seek public participation throughout the permit review process. Applicants are encouraged to consider implementing the public participation plan components prior to applicalion submission.

I. Where a poten.lial environmental justice area is identified by the preliminary screen. the applicant shall submit 8. written public participation plan as part of its complete application. At a minimum. the plan must demonstrate that the applicant will:

i. Identify stakeholders to the proposed action. incJuding residents adjacent ro tile proposed action site, local elected officials, community-based organizations and community residents located in a potential environmental justice area;

ii. Distribute and post written lnformatlon on the proposed action and pe~it review process. Information shall be presented in an easy-to-read, understandable format, using plain language and, when apprcprtate, public notice mate·rials shall be translated. into languages other than English for comprehension by non-English speakiQg stakeholders;

iii, Hold public inf¢rmation meetings to keep the. public informed about the proposed action and permit review status. Meetings should be held throughout the permit review process at Iocations and times convenient to the stakeholders to the project;

iv. Establish easily accessible document repositories in or near the potential environmental justice area to make available pertinent project information. including but not limited to: application material, studies, reports, meeting presentation materials and media releases. The applicant may also establish a 'repository on the internet.

2. As part of the public participation plan submission. the appllcant shall include a report which summarizes: aU progress co-date in implementing the plan; all substantive concerns raised to-date; all resolved and outstanding issues; the components of the plan yet to be implemented and an expected time line for completion oftbe plan.

3. Upon completion of the public participation plan, the applicant shall submit written certification that ir bas complied with the plan. As part of the certification, the applicant shall submit a revised report detailing activity which occurred subsequent to the initial submission ofthe report. The certification shall besigned by the applicant, or the applicanr's agent, and submitted to DEC prior to a final decision on the application.

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E. Fan Environmental Assessment Form. Where a potential environmental justice area is identified by the preliminary screen, a full environmental assessment form shall be completed for those actions classified as Unlisted in 6 NYCRR Part 617 and meeting the applicability requirements of this policy. (A fuJI environmental assessment form is currently required fur all Type ractions.)

F. Environmentallmpac:t As!less~eDt. Under existing regulations, as part of its impact review. DEC must consider other sources of pollution or similar facility types in the project area in order to establish the baseline conditions agains.t which project impacts will be assessed. DEC shall continue to consider sources of pollution or similar facility types in the respective airshed, watershed, or wasteshed for the pr.ojcct under consideration.

G. Coordinated Review. Where a potential environmental justice area is identified by the preliminary screen, the action is classified in 6 NYCRR Part. 617 as either Type l or Unlisted and the project involves more. than one agency, the DEC shall coordinate the r.eview ofthe action wi.th the other involved state. and local agencies.

H. Determining Significance. Where the DEC is the lead agency, tbe Division ofEnvironmental Permits staff'based on.comments from the atTecl~d environmental quality divisions, shall determine the significance ofa Type I or Unlisted action, pursuant to ~rj.teria established in 6 NYeRR 617.7. lf the DEC determines that there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant, no further environmental justice analysis is required. If the DEC determines that the action may include the potential for at least one significant adverse environmental impact, 6 NYCRR 617.7 requires the preparation of an environmental impact statement (EIS) and the remainder ofthe policy requirements shaH be incorporated into the review process.

I. Scoping. Where the DEC is the lead agency, a potential environmenlB..l justice area is identified by the preliminary screenand an EIS is required, seeping, pursuant to 6 NYCRR 617.8, shall be conducted. Scoping shan include-an opportunity for meaningful and effective public participation consistent with the procedures set forth in this policy.

J. Env.ironmentallmpacl Statement Content. Where the DEC is the lead agency, a potential environmental justice area is identi-fied by tho preliminary screen and an EIS is required, the draft EIS shall identify the potential environmental justice area to be affected, describe the existing environmental burden on the potential environmental justice area and evaluate the additional burden ofany significant adverse environmental impact on the potential environmental justice area. The detail and depth of analysis for this evaluation will be identified by the DEC during the seeping process.

K. Environtncntallmpact Statement Procedure. When a .draft EIS includes an evaluation of additional burdens on a potentia) environmental justice area, the DEC shall conduct 8 public hearing regarding the proposed action and shall receive comments on the draft. EIS for no fewor than 60 calendar days from the first filing and circulation of the notice ofcomplete application, or no fewer than ten calendar days following the completion of the public hearing, whichever is later.

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