N.Y. Comp. Codes R. & Regs. tit. 6 § 621.7

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

Section 621.7 - Public notice and comment

(a) Upon determining that an application is complete and is for a major project, the department must:

(1) provide notice to the chief executive officer of the municipality in which the proposed project is to be located, and to any person who has previously expressed in writing an interest in receiving such notification; and

(2) publish a notice of complete application in the Environmental Notice Bulletin no more than 10 days after the date of notice to the applicant.

(b) The notice must contain the following information:

(1) The applicant's name.

(2) A brief description of the proposed project and its location.

(3) A list of all department permits for the project for which application has been made, and identification numbers for those applications.

(4) Department contact information including telephone number, e-mail address and contact person.

(5) The status of environmental reviews conducted under SEQR, including identification of the following: name of the lead agency, the classification of the action as listed in Part 617 or 618 of this Title, whether coordinated review occurred, and the determination of significance if the action was classified as Type I or Unlisted.

(6) The deadline for submission of written comments on the application, including any request for a public comment hearing or an adjudicatory proceeding pursuant to Part 624 of this Title. The minimum timeframes for review and comment are as follows:

(i) applications supported by a SEQR negative declaration, or where SEQR is preempted by Federal statute, not less than 15 days after the date of publication unless otherwise specified in this paragraph;

(ii) applications supported by a SEQR draft environmental impact statement, not less than 30 days after the date of publication;

(iii) Mined land reclamation, solid waste management facility, and non-delegated air pollution control permit applications, not less than 30 days after the date of publication;

(iv) Delegated SPDES and delegated air pollution control permits, not less than 30 days after the date of publication;

(v) Hazardous waste management facility permit applications and remedial action plan applications, not less than 45 days after the date of publication; or

(vi) Where notices must be published in multiple publications, and the publication dates fail to coincide such that the deadline dates for submission of written comments to the department differ, the final deadline for comments must be the latest of the published deadline dates.

(7) For delegated permits, the availability of either the draft permit or notice of intent to deny as set forth below:

(i) If a draft permit has been prepared it must contain the following information:

(a) for SPDES, information required to be in permits as provided in Part 750 of this Title;

(b) for HWMF, information required under section 373-1.4(d) of this Title or for RAPs set forth in section 373-1.11(d)(2) of this Title; and

(c) for air pollution control, information required under New Source Non-Attainment Review or Prevention of Significant Deterioration Review pursuant to Parts 231 and 201 of this Title for projects subject to title V facility permit requirements.

(ii) If the determination is to deny the permit, the department must issue a notice of intent to deny.

(iii) If, after issuing a notice of intent to deny a permit, the department determines, based on additional information or further consideration, that the permit may be issued, the department may with the applicant's consent:

(a) withdraw the notice of intent to deny;

(b) issue a draft permit; and

(c) provide public notice of the intent to issue a permit in accordance with this Part.

(8) For delegated permits, the notice of complete application will serve as a fact sheet for projects or facilities on a list agreed to by the department and the U.S. Environmental Protection Agency (EPA) or for projects that the department finds are the subject of significant public interest or raise substantive and significant issues. For delegated SPDES permits, the notice of complete application must include notice of availability of a fact sheet developed in accordance with section 750-1.9 of this Title. The notice of complete application must include the information required under:

(i) section 750-1.7 of this Title for SPDES permits (through the notice or by reference to the draft permit and fact sheet);

(ii) Part 373 of this Title for HWMF permits or RAP permits;

(iii) for air pollution control permits subject to Subpart 231-2 of this Title, the notice must state that information regarding the demonstration of the Lowest Achievable Emission Rate (LAER) or Best Available Control Technology (BACT)or both are available from the department and may be reviewed upon request; and

(iv) for SPDES permit applications or renewals within an area designated pursuant to any Federal or state statute as a sole source aquifer, the project description must include the names and addresses of all public water purveyors with a service area or portion thereof located within a three-mile radius of the applicant's facility.

(9) For title V facility permits, the notice of complete application must state that the EPA has the authority to bar issuance of the subject permit (see Part 201 of this Title).

(c) For all major projects, a notice of complete application must be published in a newspaper in the area in which the project is proposed to be located.

(d) Public announcement broadcast over local radio stations is required for complete applications on all HWMF permits or RAPs.

(e) The department may provide or require the applicant to provide other reasonable public notice of complete application. Such notice may include, but is not limited to, the distribution or posting of information about the proposed project in the area in which the proposed project is to be located, conduct of public information meetings, translation of notices for non-English speaking communities and the establishment of document repositories in the area in which the proposed project is to be located, and must contain the information specified in section 621.7(b)(1) through (9) of this Part.

(f) Notice of complete application required under this section must also be provided to:

(1) all agencies which have jurisdiction to fund, approve or are directly undertaking the project;

(2) agencies the department must consult before its determination of completeness, including those responsible for historic preservation and coastal zone management;

(3) the United States Environmental Protection Agency and other persons and agencies as required for federally delegated permits;

(4) any affected states and Indian governments for new projects, major permit modifications and permit renewals subject to air Title V facility permit requirements;

(5) for sources subject to air New Source Review permit requirements pursuant to Part 231 of this Title:

(i) affected states and Indian governments;

(ii) the Federal land manager of Federal class 1 areas whose air may be affected by the proposed source; and

(iii) the county chief executive, any local air pollution control agency and any comprehensive regional land use planning agency where the proposed source would be located;

(6) for Mined Land Reclamation permits, on lands not previously permitted pursuant to article 23, title 27 of the ECL, the department must send a notice by certified mail return receipt requested to the chief administrative officer of the political subdivision in which the proposed mine is to be located. This notice must:

(i) be accompanied by copies of all documents comprising the complete application;

(ii) state whether the application is for a major or minor project pursuant to section 621.4(h) of this Part; and

(iii) allow 30 days for the chief administrative officer to provide comments on the application in regard to:

(a) appropriate setbacks from property boundaries or public thoroughfare rights-of-way;

(b) fabricated or natural barriers designed to restrict access if needed, and, if affirmative the type, length, height, and location thereof;

(c) the control of dust;

(d) hours of operation; and

(e) whether mining is prohibited at that location.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.7

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023