|Norris McDonald (ALJ Daniel O'Connell)|
The Article 10 law allows for, 'A cumulative impact analysis of air quality within a half-mile of the facility, or other radius as determined by standards established by Department of Environmental Conservation regulations..."
We are concerned that ozone is not included as part of the cumulative air impact analysis. Although the other five criteria pollutants are included, ozone is probably the most important pollutant in terms of health impacts as related to environmental justice. The proposed regulation states that, "The procedures identified in 6 NYCRR Part 231 for assessing ozone precursor emissions will satisfy the requirement of this section for the cumulative impact analysis." We disagree. We understand that the procedure is fine within the context of evaluation under the federal New Source Review Program, but it does not include a framework for considering environmental justice. Thus, by separating out this important pollutant, it could undermine the effectiveness of the cumulative impact analysis. Because ozone is excluded in the Article 10 law, we would suggest that the applicant utilize the ozone precursors of volatile organic compounds and oxides of nitrogen to assess equivalent effects.