Sec. 1001.28. Exhibit 28: environmental justice

Exhibit 28 shall contain:

(a) An identification and evaluation of significant and adverse disproportionate environmental impacts of the proposed facility, if any, resulting from its construction and operation, including any studies which were used in the evaluation identifying the author and dates thereof, in a manner that is in accordance with any requirements for the contents of an article 10 application contained in 6 NYCRR Part 487.

(b) Separately stated for all significant and adverse disproportionate environmental impacts of the proposed facility resulting from its construction and operation required to be identified pursuant to subdivision (a) of this section, a description of:

(1) The specific measures the applicant proposes to take to avoid such impacts to the maximum extent practicable for the duration that the certificate is granted, including a description of the manner in which such impact avoidance measures will be verified and a statement of the cost of such measures.

(2) If such impacts cannot be avoided, measures the applicant proposes to take to minimize such impacts to the maximum extent practicable for the duration that the certificate is granted, including a description of the manner in which such impact mitigation measures will be verified and a statement of the cost of such measures.

(3) If such impacts cannot be avoided, the specific measures the applicant proposes to take to offset such impacts to the maximum extent practicable for the duration that the certificate is in effect, including a description of the manner in which such impact offset measures will be verified and a statement of the cost of such measures.

(c) A qualitative and where possible quantitative analysis demonstrating that the scope of avoidance, mitigation and offset measures is appropriate given the scope of significant and adverse disproportionate environmental impacts of the proposed facility resulting from its construction and operation.