N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.7

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-2.7 - Exhibit 6: Public Health, Safety and Security

Exhibit 6 shall contain:

(a) A statement and evaluation that identifies, describes, and discusses all efforts made to avoid and minimize potential adverse impacts of the construction and operation of the facility, the interconnections, and related facilities on the environment, public health, and safety, other than as already detailed in other relevant Exhibits, at a level of detail that reflects the severity of the impacts and the reasonable likelihood of their occurrence, identifies the current applicable statutory and regulatory framework, and also addresses:

(1) The anticipated gaseous, liquid and solid wastes to be produced at the facility during construction and under representative operating conditions of the facility, including their source, anticipated volumes (excluding estimates for minor waste volumes, such as concrete washout wastes), composition and temperature, and such meteorological, hydrological and other information needed to support such estimates and any studies, identifying the author and date thereof, used in the analysis;

(2) The anticipated volumes of such wastes to be released to the environment during construction and under any operating condition of the facility;

(3) The treatment processes to eliminate or minimize wastes to be released to the environment;

(4) The manner of collection, handling, storage, transport and disposal for wastes retained and not released at the site, or to be disposed of;

(5) Maps of the study area and analysis showing relation of the facility site to: public water supply resources (to the extent locations are publicly available); community emergency response resources and facilities including police, fire and emergency medical response facilities and plans; emergency communications facilities; hospitals and emergency medical facilities; existing known hazard risks including flood hazard zones, storm surge zones, areas of coastal erosion hazard, landslide hazard areas, areas of geologic, geomorphic or hydrologic hazard; dams, bridges and related infrastructure; explosive or flammable materials transportation or storage facilities; contaminated sites; and other local risk factors;

(6) All significant impacts on the environment, public health, and safety associated with the information required to be identified pursuant to paragraphs (1) through (5) of this subdivision, including all reasonably related short-term and long-term effects;

(7) Any measures proposed by the applicant to minimize such impacts;

(8) Any measures proposed by the applicant to mitigate such impacts; and

(9) Any monitoring of such impacts proposed by the applicant.

(b) A Site Security Plan for the operation of proposed facility, including site plans and descriptions of the following site security features:

(1) Access controls including fences, gates, bollards and other structural limitations;

(2) Electronic security and surveillance facilities;

(3) Security lighting, including specifications for lighting and controls to address work-site safety requirements and to avoid off-site light trespass;

(4) Lighting of facility components to ensure aircraft safety, which complies with the required showing in section 1100-2.9 of this Part; and

(5) A description of a cyber security program for the protection of digital computer and communication systems and networks that supports the facility demonstrating compliance with current standards issued by a standards setting body generally recognized in the information technology industry, including, but not limited to, the Federal Department of Commerce's National Institute of Standards and Technology, the North American Electric Reliability Corporation, or the International Organization for Standardization, and providing for periodic validation of compliance with the applicable standard by an independent auditor.

(c) A Safety Response Plan to ensure the safety and security of the local community, including:

(1) An identification of contingencies that would constitute a safety or security emergency;

(2) Emergency response measures by contingency;

(3) Evacuation control measures by contingency;

(4) Community notification procedures by contingency;

(5) A description of all on-site equipment and systems to be provided to prevent or handle fire emergencies and hazardous substance incidents in compliance with the fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to article 18 of the Executive Law;

(6) A description of all contingency plans to be implemented in response to the occurrence of a fire emergency or a hazardous substance incident; and

(7) A requirement to conduct training drills with emergency responders at least once peryear.

(d) A statement that the applicant has provided a copy of the plans required in subdivisions (b) and (c) of this section to, and requested review of such plans and comment by, the New York State Division of Homeland Security and Emergency Services.

(e) If the facility is to be located within any part of a city with a population over one million (1,000,000), a statement that the applicant has provided a copy of the plans required in subdivisions (b) and (c) of this section to, and requested review of such plans and comment by, the local office of emergency management.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.7

Transferred from 900-2.7 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024