N.Y. Comp. Codes R. & Regs. tit. 17 § 15.15

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

Section 15.15 - Content of DEIS's and FEIS's

(a) All draft and final EIS's shall be preceded by a cover sheet stating:

(1) whether it is a draft or final EIS;

(2) the name or descriptive title of the action;

(3) the location (county and town, village or city) of the action;

(4) the name and address of the department and the name and telephone number of a department employee who can provide further information;

(5) the name of any individual or organization, other than the department or department employees, that prepared any portion of the statement;

(6) the date of acceptance by the department;

(7) in the case of a DEIS, the date by which comments must be submitted.

(b) A DEIS or FEIS shall have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement.

(c) The body of all DEIS's and FEIS's shall at least contain the following:

(1) a concise description of the proposed action, its purpose, public need and benefits, including social and economic considerations;

(2) a concise description of the environmental setting of the areas to be affected, sufficient to understand the effects of the proposed action and alternatives;

(3) a statement and evaluation of the environmental impacts of the proposed action, including reasonably related short- and long-term effects, cumulative effects and other associated environmental effects;

(4) an identification and brief discussion of any adverse environmental impacts which cannot be avoided or adequately mitigated if the proposed action is implemented;

(5) a description and evaluation of the range of reasonable alternatives to the action which are feasible, considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The range of alternatives must include the no-action alternative and may include, as appropriate, alternative:

(i) sites;

(ii) technology;

(iii) scale or magnitude;

(iv) design;

(v) timing;

(vi) use; and

(vii) types of actions.

For private applicants, any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by, or under option to, a private applicant;

(6) an identification of any irreversible and irretrievable commitments of resources which would be associated with the proposed action should it be implemented;

(7) a description of mitigation measures to minimize the adverse environmental impacts;

(8) a description of any growth-inducing aspects of the proposed action, if applicable and significant;

(9) a discussion of the effects of the proposed action on the use and conservation of energy, if applicable and significant;

(10) for State agency actions in the coastal area:

(i) when the action is not in an approved local waterfront revitalization program area, an identification of the applicable coastal policies of Executive Law, article 42, as contained in 19 NYCRR 600.5, and a discussion of the effects of the proposed action on, and their consistency with, such policies;

(ii) when the action is in an approved local waterfront revitalization program area and the action is one identified by the Secretary of State pursuant to section 916(1)(a) of the Executive Law, an identification of the applicable policies of the local program and a discussion of the effects of the proposed action on such policies;

(11) a list of any underlying studies, reports and other information obtained and considered in preparing the statement; and

(12) if information about reasonably foreseeable catastrophic impacts to the environment is unavailable because the cost to obtain it is exorbitant, or the means to obtain it are unknown, or there is uncertainty about its validity, and such information is essential to any agency's SEQR findings, the EIS must:

(i) identify the nature and relevance of unavailable or uncertain information;

(ii) provide a summary of existing credible scientific evidence, if available; and

(iii) assess the likelihood of occurrence, even if the probability of occurrence is low, and the consequences of the potential impact, using theoretical approaches or research methods generally accepted in the scientific community.

This analysis would likely occur in the review of such actions as an oil supertanker port, a liquid propane gas/liquid natural gas facility, or the siting of a hazardous waste treatment facility. It should not apply in the review of such actions as shopping malls, residential subdivisions or office facilities.

(d) A DEIS or FEIS may incorporate by reference all or portions of other documents which contain information relevant to the statement. The referenced documents shall be made available for inspection by the public, within the time period for public comment, in the same places where the department makes available copies of the referencing document. When a DEIS or FEIS incorporates by reference, it shall contain a brief description of the referenced document, its applicable findings in summarized form and the date of its preparation.

(e) An FEIS must consist of: the DEIS, including any revisions or supplements to it; copies or a summary of the substantive comments received; an indication of the source of each comment received; and the department's response to each substantive comment. The DEIS may be directly incorporated into the FEIS or may be incorporated by reference. The department is responsible for the adequacy and accuracy of the FEIS, whether prepared by the department or by an applicant. All revisions and supplements to the DEIS shall be specifically identified as such in the FEIS.

(f) A generic impact statement may be used to assess the environmental effects of separate actions having generic or common impacts. These statements and the record of decision based thereon should set forth specific conditions or criteria under which individual actions will be undertaken or approved. When an individual action is proposed by the department, which is encompassed within such a generic impact statement and which will be carried out in conformance with the conditions and criteria determined in the generic FEIS and its record of decision, there is no further obligation under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.15