As the old saying goes, “a picture is worth a thousand words”. At LaBella, we’ve embraced that mantra and incorporated it into the design of our new website!
With 250 projects currently highlighted and more being added daily, our focus on partnership has never been more visible. Check out www.labellapc.com for the most up to date information about our latest service offerings and expertise.
With each issue of In Office, we present our experience, our expertise, and our forecasting on the topics and trends that affect municipal projects. Let us know if there’s a topic we can explore for you by contacting us at inoffice@ labellapc.com.
The federal government recently passed the Bipartisan Infrastructure Law (BIL) that will invest billions in improving municipal infrastructure. Most of the funding will be offered through competitive grant applications. That means now is the time for communities to prepare.
Now is the time to develop preliminary engineering reports, conduct necessary testing, estimate costs, complete environmental reviews, and reserve funding for any required matches. Communities that are prepared will be first in line for funding and their grant applications will be more competitive.
Municipalities have a once-in-alifetime opportunity to take advantage of multiple funding streams that will not be available again for decades. Completion of engineering reports and other documentation will ensure municipalities are ready and nimble to apply for grant funding as it becomes announced and will increase competitiveness for those funds. And, if you are not ready for this year, there will be four more years of historic infrastructure funding!
Visit our website by scanning the QR code below to read more about the specific funding sources and how we can help you prepare.
The City of Rochester recently celebrated the reopening of the Rundel Memorial Library North Terrace, which overlooks the Genesee River at the corner of Broad Street and South Avenue.
On August 2, 2022, stakeholders of the project, including Deputy Mayor Patrick Cunningham, Director of the Rochester Public Library and Monroe County Library Systems Patricia Uttaro, LaBella, and other city, state, and local leaders, joined together with the community at the ribbon cutting ceremony.
Cunningham stated, “This terrace, along with all the ‘ROC the Riverway’ projects, is an example
of how returning our attention to our precious natural assets, and making the most of them, creates a place for contemplation, for learning, and for beauty.”
The north terrace, adjacent to the National Register designated, historic Rundel Memorial Library, was constructed in 1937 above a portion of the former Erie Canal bed on the east bank of the Genesee River.
The project included replacing the existing terrace in its entirety with new concrete and steel framing and a structural slab supporting the new terraced surface and cantilevered river outlook.
LaBella was selected by the City to perform engineering consulting services, including expertise in evaluation and inspection of structural steel and concrete structures and design of interactive public spaces.
The Centers for Disease Control (CDC) estimates that one-infour adults in the United States are living with a disability, and that number may still rise as our largest generation, the Baby Boomers, continues to age. Though the Americans with Disabilities Act (ADA) is more than 30 years old, continuing to inventory and address the accessibility of the built environment is an ongoing effort for many local governments. Fortunately, there are new tools to make collecting, evaluating, and prioritizing this inventory data easier.
The ADA was enacted more than 30 years ago and updated in 2010. This landmark legislation provides comprehensive civil rights protections to persons with disabilities in the areas of employment, state and local government services, and access to public accommodations, transportation, and telecommunications. Title II of the ADA applies to “public entities” (i.e. state and local governments), specifically the programs, services, and activities they deliver. Title II, Article 8 requires that each public agency develop a transition plan that ensures accessible facilities are provided in the public right-of-way.
State agencies and other public funding sources have heightened local awareness of ADA requirements, linking the release of transportation funds to the completion of transition plans. Transition plans must, at a minimum, include:
• A list of the physical barriers and their location in a public entity’s facilities that limit the accessibility of its programs, activities or services to individuals with disabilities;
• A detailed outline of the methods to be utilized to remove these barriers and make facilities accessible;
• The schedule for taking the necessary steps to achieve compliance with Title II;
• Public complaint/grievance procedures; and,
• The name/position of the ADA coordinator and/or official responsible for the plan’s implementation.
Transition plans provide a method for a public entity to schedule and implement ADA required improvements to existing streets and sidewalks. Before a transition plan can be developed, an inventory of curb ramps and sidewalks must be developed. Depending on the amount of pedestrian infrastructure in your community, this can be a laborintensive effort.
Proactively addressing mobility barriers improves your community’s eligibility for funding and ensures public services are accessible to your entire community. Above is an example of an ADA compliant crosswalk.
The United States Access Board established proposed guidelines to assist in the evaluation of accessibility of public facilities, called “Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-ofWay.” Not yet formally adopted by the U.S. Justice Department, the Public Rights-of-Way Accessibility Guidelines (PROWAG) are accepted as policy and provide the framework for evaluating pedestrian facilities in the preparation of transition plans.
PROWAG provides design guidance for a wide variety of facilities in the public rightof-way, including curb ramps, sidewalks and pedestrian access routes, traffic signals, and signage. Many of the guidelines are oriented to people who use a wheelchair or have limited vision, though the guidance is intended to eliminate all access barriers.
ADA transition plans start with self-evaluation of your pedestrian facilities. Self-evaluation involves observing and inspecting key elements of the pedestrian system and scoring facilities for compliance with the standards and PROWAG. For example, is there a functional curb ramp? Is a detectable warning strip present? Is there a defined crossing and is a pedestrian activated signal present? This is just a sample of elements included in a selfevaluation. The inventory is completed by mapping and walking pedestrian routes and logging the evaluation into software.
LaBella has been engaged with transportation and planning agencies to develop a program to assist local communities in completing their ADA transition plans, starting with developing standard criteria for facilities based on the ADA standards and PROWAG guidelines. Using this framework, data collection personnel were trained in the assessment process and the use of mobile technology for data collection.
Collecting, inputting, and analyzing this data can be accomplished simply and easily with the use of GIS (geographic information systems), which is a term that refers to any computer system that combines data with mapping (geography).
For our work, we used GIS platform Esri, and a variety of their software solutions. A few components of our technology application were:
• Data preparation and sharing: The success of field work depends on effective planning. We used the ArcGIS Online platform for web maps. This allowed the team to plan efficient team assignments and work routes for the field work. As data was collected, the map was updated in real time, allowing field teams and managers to see progress. Web maps are already commonly used by municipalities; although this technology’s capabilities were highlighted during COVID with the creation of tracking dashboards, it has long been used for other applications like campsite reservations.
Though the Americans with Disabilities Act (ADA) is more than 30 years old, continuing to inventory and address the accessibility of the built environment is an ongoing effort for many local governments. Fortunately, there are new tools to make collecting, evaluating, and prioritizing this inventory data easier.
Field data collection: We used Esri’s ArcGIS Field Maps for field data. The app allows users to capture locations of pedestrian infrastructure, including photos, and reference other GIS data (like roads, parcels, or zoning) from their mobile devices. We also used a form-building application, ArcGIS Survey 123, to create intelligent and intuitive digital survey forms. Both applications allow experts not present in the field to review data in realtime.
• Data analysis and recommendations: Once the data was collected, additional layers of GIS data helped us analyze and prioritize locations for corrective action. For example, GIS data allowed us to look at key zoning areas, adjacency to parks, schools, medical facilities, and historical landmarks, while also considering risk factors like intersections with high rates of vehicular accidents. Combining these factors gave municipal leaders a clear understanding of how to phase improvements.
Transition plans are an important part of compliance with ADA. A consultant with an understanding of the regulations in play and GIS expertise can provide the foundational data you need to develop an effective plan. Proactively addressing mobility barriers improves your community’s eligibility for funding and ensures public services are accessible to your entire community.
by Michael Cocquyt, CPRP, MBA | Planner
Communities across the country are realizing the continuing growth of electric vehicles (EVs) on their streets. Now more than ever, municipalities are exploring options to provide this amenity to residents and visitors alike. EV chargers are a nice complimentary service to residents frequenting libraries or parks. Additionally, navigation apps highlighting the locations of these chargers can encourage customers to stop in small business districts and shop while their vehicles charge.
Most people are familiar with fast electric vehicle chargers (the ones you see at thruway stops, shopping malls, and other large traffic areas). Although these offer a great benefit for those high traffic areas, they can be very expensive and often come
with overage charges. So, if your community is considering adding EV chargers, where should you start?
Installing EVs in your town should include meeting with key stakeholders to discuss the benefits and challenges of providing charging locations.
Everything from location to type of charger and long-term costs and benefits should be considered. This means making public input a priority before moving forward on a project.
Community buy-in can help provide a sense of pride for one’s community and generate excitement for a new project.
Before moving forward with an EV charging project in your town, it’s important to consider the following:
•
The current traffic and parking availability.
• What nearby amenities/ businesses are available for those charging their cars?
• Are there alternatives if charging ports are full (i.e., other EV charging locations or gas stations nearby for plugin hybrid vehicles)?
• Will the use in these locations offset the costs of the chargers? Not only do fees need to offset purchases and installation not covered by incentives, but they must also account for monthly service fees, maintenance, and monitoring costs.
Placing chargers near amenities such as a community playground or library is a great benefit for those needing a charge while enjoying what your community has to offer. In addition, placing chargers in popular business districts like food and beverage, entertainment, and shopping centers can attract customers to these locations. Furthermore, many EV charger suppliers include promotion of your charging location online, which allows residents and visitors to do a quick search on Google Maps for EV chargers to ensure parking and charging.
For the Town of Macedon in Wayne County, NY, installing EV chargers at a local library not only provided the charging station but also enough power to light up the surrounding area. When thinking about upgrading electric service for municipal projects, including an EV charger is a great option and a no-brainer with the current incentives available. Utility incentives to assist infrastructure can far exceed the cost of EV charging units, saving money while including the added benefits EV charging stations provide. This specific community saved thousands of dollars thanks to utility incentives and now has a great offering for its residents. In addition, establishing these chargers will allow for ease of
installation should a town decide to include more stations in the future.
Proper research is key to finding the right charger with the right services for your community. The more expensive the charger, the more options available; and the more you pay per month, the more services included. Common EV charger perks include:
• Tracking energy usage (required by most incentives)
• Charging payment and accounts (users) are managed by the equipment supplier/ manufacturer
• Messaging to users, including when their car is finished charging and reminders to move the vehicle
• Extended warranties for parts and service
• Different styles and functions (i.e., retractable cords) to best fit the installation location
Once a location is established, considering engineering needs is a must. Most incentives require engineering drawings and an approved utility contractor to complete the project. An electrical engineer can run the calculations to be sure you have safe, adequate wires, conduit, and breakers for the current installation and any “futureproofing” or additional units you would add in the future. In the case of the Town of Macedon, only a 2-inch conduit was required, but by using a 4-inch conduit there was an opportunity for up to 3 more chargers and the small additional cost was even covered by the utility incentive under a “future-proofing” extension.
Community buy-in can help provide a sense of pride for one’s community and generate excitement for a new project.
Once engineering is complete and drawings are stamped, hiring a certified contractor for installation who has experience working with your community, engineer, and the utility company can significantly help with ease of installation. Even though some units come with installation included, it generally does not include the electric service, adding another layer of coordination.
With momentum building for cleaner and greener communities, incentives continue to pop up across the country to encourage the installation of EV chargers. Common requests include designing chargers for parking garages, hotels, tourist destinations, and more. Many utility companies offer incentives for engineering, installation, and connection to the grid.
Even smaller chargers have incentives that can offer big benefits to the local community and more of a reason for smaller communities to begin offering EV charging. For example, the NYSEG/RG&E EV Make-Ready Program offers incentive to level 2 and fast chargers. Level 2 chargers – chargers that utilize a similar connection and amp draw of an apartment or small home – can be purchased for less than $5,000 and can charge two cars at once! These are a great option for communities looking for a less expensive way to offer EV charging locations where a speedy recharge is less important.
There is also federal money available via the Infrastructure Investment and Jobs Act as well as multiple money pots earmarked for EV charging stations that have started to trickle down to communities throughout the country.
In New York State, Governor Kathy Hochul recently announced a goal of zero-emission school buses by 2035 (new school bus purchases to be zero emissions by 2027), all of which will require charging stations.
Although there is a lot to consider before installing EV chargers in your community, there is no denying that EV use will continue to grow. EV users will be looking for chargers where they eat, play, and live, and these chargers are often a topic discussed and considered as part of many revitalization initiatives throughout the country. With many states pushing aggressive renewable energy goals, incentives continue to offer cost savings for communities ready to add EV charging stations to their public spaces.
On June 9, 2022, the Cannon Covered Bridge was named and dedicated in the memory of Sgt. Charles Cannon, killed in action in December 1945. Sgt. Cannon grew up three miles downstream of the bridge in a house in Cowlesville, NY. He served in the US Army’s 35th Engineering Battalion building roads and bridges.
In 2011, after Hurricane Irene caused extensive damage to the waterfront area of Troy, NY, the City sought to rebuild the area stronger and more resilient than before. As part of a larger team led by SWBR, LaBella assisted with redevelopment of the City’s waterfront promenade between Riverfront Park and City Hall.
Recently awarded a 2022 Design Excellence Award from the American Institute of Architects Eastern NY Chapter, the primary goal of the project was to strengthen the pedestrian linkage between the downtown business areas along ‘restaurant row’ and the redeveloped public park area to the South, and to enhance the pedestrian interaction with Troy’s underutilized waterfront.
This project was an integral step in the long-term municipal plan for development of a waterfront promenade connecting the northern and southern sections of the City.
Following initial concept planning and design document development, the promenade was constructed and opened to the public in Fall 2020.
The design and construction activities were intricately woven into coinciding activities for re-construction of the Seawall (a FEMA-funded project which removed the waterfront area from the 100-year Flood Zone) and re-establishment of the City’s waterfront marina.
Located in the Town of Bennington, Wyoming County, NY, the Cannon Covered Bridge is a locally administered federal aid bridge project. After the existing 100+ year old bridge required increasing maintenance to address metal deterioration, it was determined the bridge could not be rehabilitated to address the crossing concerns at this location and a new bridge structure would be needed.
A bridge replacement with a 114’-9” single span and single lane Covered Timber Truss Bridge
was the preferred alternative for the Schoellkopf Road site. The new covered bridge has a rail-torail width of 16’-0” and a vertical clearance of 15’-4”.
The Town of Bennington once boasted of six covered bridges to span the Cayuga Creek. The last of the six was destroyed by fire in 1966 and was the last structure of its kind that existed in New York State west of the Finger Lakes. This site is well suited for the use of a covered timber bridge and the elevated roadway alignment provides more than adequate
hydraulic clearance. The rural setting showcases the aesthetic beauty of covered timber bridges and provides the opportunity for individuals to experience a covered timber bridge without traveling outside of the region. The lower traffic volumes allow for a single lane bridge that will function well into the future. The Covered Timber Bridge was the most context sensitive design for the replacement for the existing historic eligible iron truss structure.
For millennia, human beings have impacted the natural world around them. Over the past 150 years, advancements in technology have sped up the rate at which we have disturbed natural systems. During that same stretch, we have begun to record reliable data about the planet on which we live and have used it to improve our lives. In the last three decades, we have noticed drastic changes to our natural world such as rising average temperatures, sea-level rise, changes in precipitation patterns, and an increase in size and intensity of extreme weather events. At the same time, human-built development has never been as expansive as it is today.
As we march into the 21st century, there is a need for a more thoughtful and holistic design of our communities.
“Green” measures such as energy-efficient buildings, the reduction of organic waste deposition into landfills, vehicle fleet electrification, and the use of natural systems to combat the effects of a changing climate are critical. These are examples of sustainability because they can be maintained and continued over an extended period of time. Additionally, we need to plan for a changing climate to build communities that can withstand more extreme weather events. This is called climate resilience.
Recognizing this need for climate resilience, we are already seeing federal investments totaling $47 billion specifically earmarked
in the bipartisan Infrastructure Investment and Jobs Act for preventing and mitigating damages from floods, wildfires, and other environmental risks that will be exacerbated by climate change. The same investments and mobilization can be seen in multiple states on the eastern seaboard, which have put in place a variety of laws, goals, programs, and funding to assess climate risks and identify mitigation measures. For some, they have developed a comprehensive, multi-pronged approach to resilience planning and adaptation implementation, with an eye toward environmental justice.
Notable among these states is New York, which released the Climate Action Council’s highly ambitious Draft Scoping Plan in December 2021. Now that the public comment period has ended, the Plan will be finalized by the end of 2022. The Plan will then serve as a statewide net-zero emission blueprint to mitigate climate change impacts that New Yorkers may experience in the future. The proposed plan includes the following:
• Clean electric grid consisting of renewable energy generation facilities and energy storage.
• Energy-efficient homes and businesses, including electrification of buildings.
• Smart growth, reliable public transit, and vehicle fleet electrification.
Many communities along the southern Lake Ontario shoreline have faced challenges due to elevated water levels and an extended pattern of flooding. The Lake Ontario Resiliency and Economic Development Initiative (REDI) was created to increase the resilience of shoreline communities.
• Promotion of carbon sequestration in natural systems such as forests.
• Target reduction of methane emissions across landfills and farms.
• Tailored low-carbon and carbon capture solutions for certain industrial facilities and practices, including a transition to low global warming potential refrigerants.
• Equitable access for disadvantaged communities to decarbonization benefits.
Climate resilience and adaptation measures also share the stage in the proposed Plan alongside the emission metrics and clean energy economy narrative. The Plan acknowledges New Yorkers are already experiencing climate change impacts, with examples etched in memory such as the 2012 Hurricane Sandy aftermath and the recent flooding along the Lake Ontario shoreline. The urgency to strengthen our communities and protect infrastructure assets in the face of changing environmental patterns is evident.
The recommendations revolve around community resilience planning and nature-based solutions. Several examples are outlined below:
• Protect and restore forests, wetlands, and farmland via private stewardship incentives and new State regulations.
• Reduce coastal and inland flooding risks with accelerated floodplain assessments, dam removals, at-risk infrastructure relocation, and State building code updates accounting for sea-level rise and riverine flooding.
• Establish a bond (“Clean Air, Clean Water, and Green Jobs Bond Act” in 2022) to fund green buildings/ infrastructure, ecological restoration, harmful algal bloom abatement, open space preservation, etc.
• Improve the reliability of the energy system, from utility substations to electric vehicle (EV) charging infrastructure, for grid outages and extreme weather events.
• Empower communities with technical guidance and consolidated funding for transit-oriented development, local climate actions, zoning updates, and climate risk considerations in permits and environmental reviews.
The simple answer is theoretically everyone long-term. The most compelling benefits range from reliable energy to improved public health to new job opportunities.
However, there must be safeguards to ensure that these benefits are enjoyed equitably – especially in disadvantaged communities that are more likely to experience disproportionately high pollution levels and flood and heatwave vulnerabilities due to discriminatory practices such as redlining or gentrification. One approach is to require a minimum of such benefits to be allocated to the typically underserved. In New York, at least 35 percent of renewable energy and climate resilience investments must serve disadvantaged communities.
Careful consideration of environmental justice paired with technical expertise and grant writing savviness is essential to any municipality or governmental agency undertaking a project to further its climate resilience –such as shoreline stabilization, invasive species control, climate action planning, or building code updates. Private developers in the renewable energy and affordable housing industries are already heeding this call as they attempt to future-proof their portfolio of assets by avoiding floodplains or installing geothermal heat pumps. The time is now for an all-handson-deck approach, including LaBella’s climate resilience task force – a dedicated team of engineers, scientists, architects, community planners, and other technical specialists ready to tackle the challenges brought on by climate change.
For more specific information about individual State goals and action plans, check out the legislation updates on page 13.
Building resilient communities is more than just vowing to “go green.” It involves robust expertise in engineering, architecture, planning, geology, and environmental sciences all working together to build energy-efficient buildings, reduce organic waste, electrify vehicles, and use natural systems to combat the effects of an ever-changing climate. Resilience to extreme weather events such as flooding, drought, storms, and heat waves has become more important than ever to our communities.
Many states have already begun to recognize the need for climate resilience, emphasizing the importance of the infrastructure in the communities in which we live, work, and play. Federal investments totaling $47 billion have been specifically earmarked in the bipartisan Infrastructure Investment and Jobs Act for preventing and mitigating damages from floods, wildfires, and other environmental risks that will be exacerbated under climate change.
With climate resilience legislation making its way down the east coast, our team has compiled some of the most notable states who have recently committed to climate change goals and action plans. These states include:
New York’s Climate Action Council Draft Scoping Plan, released in December 2021, targets an 85% reduction in greenhouse gas emissions from 1990 levels by 2050. The Climate Risk and Resiliency Act (CRRA) provides guidance on natural resilience measures to protect against sealevel rise. And the 2019 Climate Leadership and Community Protection Act (CLCPA), which amended the 2014 Community Risk and Resiliency Act, transformed how New York generates power by integrating more renewables into the electric grid.
Established in 2020, the Climate Risk Assessment and Resilience Plan is a statewide vulnerability assessment meant to establish strategies for climate-related risk mitigation and nature-based solutions.
The Commonwealth of Pennsylvania released the Climate Action Plan in September 2021. This plan aims for an 80% reduction in greenhouse gas emissions from 2005 levels by 2050. In addition, the state established the Regional Greenhouse Gas Initiative (RGGI) membership to cap carbon emissions from fossil fuel power plants as of April 2022.
Perhaps one of the more aggressive states is Virginia, with the 2020 Clean Economy Act identifying a goal of being 100% renewable by 2050. In addition, the 2020 Clean Energy and Community Flood Preparedness Act provides membership and funding for energy efficiency and flood protection throughout the commonwealth.
In 2021, Connecticut’s Governors Council on Climate Change (GC3) released Taking Action on Climate Change and Building a More Resilient Connecticut for All. The 57-page report details the background and process of the plan as well as provides recommendations and a progress tracker to stay accountable.
Released in February 2022, the 2030 Greenhouse Gas Reduction Act Plan has a goal of 50% reduction in greenhouse gas emissions from 2006 levels by 2030. With the help of federal incentives, Maryland expects to be able to achieve this goal.
Interested in learning more about each States plans going forward? Our team has compiled a list of resources to help! Scan the QR Code to the left for more information.
On Earth Day in April of this year, the New York legislature passed Senate Bill S8830 and it is now awaiting signature by Governor Hochul. S8830 requires state agencies to prepare an Environmental Impact Statement (EIS) for new facilities that “may have a significant effect on the environment,” and the state must consider whether the proposed action may “reasonably be expected to cause or increase a disproportionate or inequitable… burden on a disadvantaged community.”
The proposed statute defines “disadvantaged communities” as “communities that bear burdens of negative public health effects, environmental pollution, impacts of climate change, and possess certain socioeconomic criteria, or comprise high-concentrations of low- and moderate- income households….” Senate Bill S8830 also requires that adopted
regulations include, at a minimum, public participation and public hearings. New Jersey and Maryland have already signed a similar bill into law.
The bill, if adopted, would add another layer of scrutiny on new projects seeking approval and facilities requiring air permit renewal. This would apply primarily to “major” facilities holding a Title V permit (i.e., major sources of regulated and non-regulated air pollutants, including air toxics or hazardous air pollutants (HAPs), as defined in New York State Department of Environmental Conservation (NYSDEC) subpart 201-2.1(b)(21), and those applying for major modifications). Given the intent of the bill, this layer of additional environmental scrutiny would be much higher on facilities operating in communities deemed disadvantaged.
The main driver for this was perhaps the EPA 2021 air toxics study report that found that disadvantaged communities are disproportionately impacted and people living in such communities are experiencing higher than normal rates of regulated and toxic air pollution.
The bill, when signed, would also affect sources with State Facility permits - especially those that have opted for federally enforceable emission caps (NYSDEC 201-7.1) to avoid Title V, and those considered “synthetically minor” by opting for “emission capping by rule.” (NYSDEC 201-4.5).
Major facilities, as defined in NYSDEC Subpart 201-2.1(b)(21), holding Title V facility permits and State Facility permitted sources and the ones considered “synthetically minor” would most likely be affected. All facilities with existing air permits when required to renew (Title V, after 5 years, State Facility and minor registration sources, after 10 years) and any new projects deemed not minor will have to undergo this review process for approval.
The bill, when signed, will mandate an analysis of the effect of potential air pollution on disadvantaged communities.
The bill will take effect 180 days after the date of signing. It will require the NYSDEC to evaluate an Environmental Impact Statement (EIS) in its review process for approval or renewal. The EIS will include a variety of requirements, such as air, water, noise, and traffic. This is to ascertain that approval of new projects and re-issuing of existing permits would not increase disproportionate and/ or inequitable pollution burdens on disadvantaged communities. NYSDEC in its review process will be required to consider the cumulative effects of all sources, including human health effects (not just the “project”) when rendering its decision for approval or rejection of a project.
In its deliberate review and approval process, the NYSDEC, at a minimum, would be required to consider the following:
1. Baseline air monitoring data collected in the affected disadvantaged community within two years of an application for a permit or approval
2. Ambient concentration of regulated and nonregulated air toxics (this is done via air quality modeling – using guidelines in NYSDEC DAR-1 document, and EPA’s AERMOD)
3. Traffic volume
4. Noise and odor levels
5. Lead paint exposure, and a host of other requirements as outlined in the bill. For projects seeking approval or permit renewal, the most significant hurdle would be the cumulative impact of pollution sources, including an “existing burden report,” on disadvantaged communities.
The major facilities/projects potentially affected include:
• Title V Facilities – initial permitting, renewals, and significant modifications
• State Facility permit –new emission sources of regulated/non-regulated air toxics with federally enforceable emission caps, taken into account the cumulative impact, and those requiring permit renewal
•
Synthetic minor sources per NYSDEC subpart 201-4.5 (minor sources opted for emission capping by rule)
• Projects subject to New Source Review (NSR –NYSDEC Part 231) – Applies to new sources/major facilities and modifications, as outlined in NYSDEC part 231
• Projects requiring the use of a federally enforceable emission cap (State Facility permit holders)
• Projects subject to NESHAPs & NSPS (40 CFR 61 & 40 CFR 60)
• Projects subject to federal Clean Air Act Title IV – Acid Rain Sources
In short, NYSDEC has the burden of demonstrating via extensive review of air data and other environmental factors that the cumulative effects of pollutants on disadvantaged communities are not disproportionately higher than normal in burdening such communities, when approving or renewing permits.
