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ARTICLE X

The Nuts and Bolts of Preparing the Application and Environmental Impact Statement

o Application content
o Data collection
o Environmental justice
o Cumulative impact analysis
o Previous project challenges
o Wind facilities
o Existing generation sites
o Time frame for preparing the application and other submittals
o Project management and coordination

Application content

o Introduction
o Project Description and Environmental Setting
o Project Benefits
o Technical Topic Discussions (e.g, Air Quality, Visual Resources)
o Permits and Approvals (particularly NYSDEC permits and approvals –A lack of such permits means that an Art. X application is stillborn)
o Transmission solutions (will an Art.VII process be required?)
o Environmental Mitigation/Minimization of Impacts
o Alternative Evaluations
o Public Involvement Program
o Required Findings
o Draft Certificate Conditions (proposed by Applicant)

Data Collection

o Field surveys/ data collection can take up to 12 months
 Site collections
 Ecological concerns
 Seasonal Dependence for Data Collection
o Ecological (avian and bat studies for wind projects)
o Noise
o Scenic viewpoints – viewshed
o Archeology – Phase I and Phase II
o Traffic/transportation
o Meteorology / air quality data
o Other requirements as per NYS agency input
o Agreements as to type of data, collection frequency and results presentation in stipulations in pre-application/scoping document

Major Studies

o alternatives analysis
o evaluation of aqueous ammonia storage (not applicable to wind farms)
o cumulative impact analysis
o health risk assessment
o off-site noise projections
o Greenhouse Gas Emissions (from a new or re-powered thermal power plant)
o physical security measures and measures to protect against tsunamis
o other necessary state studies specific to a site or project

Environmental Justice (EJ)

o New York state and federal policy (EPA region two)
o May be an issue if proposed site is adjacent to/within an environmental justice community. Such EJ communities are typically urban neighborhoods that have historically borne the burden of hosting undesirable infrastructure and facilities.
o Public outreach emphasized

Cumulative Impact Analysis

o Focused on air quality but may involve water withdrawal (thermal power plant cooling) or other ecological impacts
o List of air sources will be developed in consultation with NYSDEC
o Cumulative impact analysis could extend to other environmental/health impacts other than air quality

Examples of Previous Successful Project Challenges under old Article X

o “Killer Fog” created in the Hudson River Valley (safety concerns and viewshed deterioration)
o Air impacts in Massachusetts and Vermont (downwind areas) – ecological challenge
o Frederick Church historic birthplace (Albany) – (viewshed and historic preservation)
o Conflicts with municipal future land-use plans (economic challenge)
o Impacts from wet cooling towers (ecological challenge)
o Property values (economic challenge)

Issues specific to wind facilities

o Subject to 25 MW threshold
o Preconstruction and operational avian and bat studies
o Where there are adjacent or proximately located wind development proposals, impact studies for avian and bat populations should be cumulative.

Project Management and Agency Coordination – responsibilities of the applicant

o Coordinate with NYSDPS and NYSDEC
o Involve other NYS agencies (for example, Department of State and Department of Transportation as appropriate)
o Active consultation with municipality
o Involve the US EPA Region 2, Army Corps of Engineers, Federal Aviation Administration, US Coast Guard, U.S. Fish and Wildlife and National Marine Fisheries, as necessary
o Submit timely applications for other necessary approvals
o Implement a comprehensive public outreach program in conjunction with the Public Information Coordinator – NYS DPS
o Communicate effectively with NYSDPS/NYSDEC staff