2022 New York Laws
ENV - Environmental Conservation
Article 29 - Low-Level Radioactive Waste Facilities
Title 5 - Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection
29-0503 - State Agency Actions on Licenses, Permits, or Approvals for Low-Level Radioactive Waste Management Facilities.
§ 29-0503. State agency actions on licenses, permits, or approvals for
low-level radioactive waste management facilities.
1. With respect to any particular permanent disposal facilities, all
applications for state licenses, permits, or other approvals required
for those facilities shall be submitted contemporaneously to the
respective state agencies with jurisdiction to grant such licenses,
permits, or other approvals; and shall be accompanied by a draft
environmental impact statement for those facilities and a list
identifying each state license, permit, or other approval for which such
applications have been submitted and the jurisdictional state agency for
such license, permit, or other approval.
2. Notwithstanding any other provision of law, all applications to a
single state agency for required state licenses, permits, or other
approvals for particular low-level radioactive waste management
facilities shall be consolidated by such state agency and considered in
a single proceeding, which shall be completed as expeditiously as
possible.
3. All state agencies to which applications for required licenses,
permits, or other approvals for particular low-level radioactive waste
management facilities have been submitted shall keep each other informed
of the procedural status of such applications and the proceedings
thereon.
4. With respect to the proceedings on applications for required state
licenses, permits, and other approvals for particular low-level
radioactive waste management facilities:
a. If any such license, permit, or other approval for the particular
low-level radioactive waste management facilities in question is within
the jurisdiction of the department, the department shall be the lead
agency with respect to environmental review of all applications to state
agencies for such licenses, permits, or other approvals.
b. No later than thirty days after submission to the lead agency and
other state agencies of such applications, the lead agency and each such
other state agency shall give notice to the applicant that such
applications within their respective jurisdictions have been determined
to be complete or have been determined to be incomplete; provided,
however, that when there is a requirement pursuant to federal law for a
tentative determination or draft permit to be prepared prior to public
notice or hearing, the time within which the agency shall make its
determination whether or not the application is complete shall be
extended by thirty days. If any such application has been determined to
be incomplete, such notice shall include a detailed list of specific
deficiencies in such application.
c. No later than sixty days after the lead agency and other
jurisdictional state agencies have made their respective determinations
that such applications within their respective jurisdictions are
complete, the lead agency shall begin public hearings on the draft
environmental impact statement and all other matters related to such
applications. Any state agency, other than the lead agency, which
determines to conduct public hearings with respect to any action or
proceeding before it on such applications shall conduct such public
hearings jointly with the public hearings conducted by the lead agency
with respect to such facilities. The department shall hold an issues
conference prior to the commencement of the hearing. At least one
hearing shall be held at a reasonably convenient location in the general
geographic vicinity of each of the proposed sites.
d. No later than one hundred fifty days after the commencement of such
hearings for any low-level radioactive waste management facilities, such
hearings and the period for the receipt of any written comments,
arguments, or analyses with respect to matters raised in such hearings
shall have been completed.
e. No later than ninety days after completion of such hearings and the
period for the receipt of written comments, arguments, or analyses with
respect to matters raised in such hearings, the lead agency shall issue
a final environmental impact statement related to the applications which
were the subject of such hearings. In addition to any other information
otherwise required for a final environmental impact statement, such
statement shall include: (i) Copies of the minutes of the public hearings held on the draft
environmental impact statement associated with a state agency action on
a license, permit, or approval for a low-level radioactive waste
management facility, and the department's responses to the views,
comments, information and recommendations thereon; and
(ii) A listing providing a brief description, identification, or
reference for each report, study, or other document relied upon by the
department for information supporting its analyses or conclusions.
f. The lead agency shall keep each other state agency before which any
such application is pending informed of the progress of its development
of the final environmental impact statement. Immediately upon issuance
of the final environmental impact statement, the lead agency shall
deliver a copy to each such other state agency. No later than thirty
days after the issuance of such final environmental impact statement,
the lead agency and each such other state agency shall issue their
decisions with respect to such licenses, permits, and other approvals
with any reasonable modifications or conditions which the lead agency,
and each such other state agency, respectively, finds required in
accordance with the provisions of law and regulations applicable to its
respective action or proceeding. Each agency shall publish notice in the
state register of its decision with respect to such licensing or other
approval. Each such decision shall be based upon the administrative
record for the respective action or proceeding.
5. In any action or proceeding of the department or any other state
agency on any application for a required state license, permit, or other
approval for any low-level radioactive waste management facilities,
including any related draft or final environmental impact statement
proposed or submitted in connection with such application, the following
matters as determined by statute or certified pursuant to section
29-0105 of this article shall not be in issue:
a. the need for such facilities or the alternative of no action;
b. the site or sites of such facilities;
c. for permanent disposal facilities, the disposal methods to be
utilized;
d. the nature or type of facilities as specifically required or
authorized by statute; and
e. the classes of waste which may be stored or disposed of at such
facilities.
