NYLPI and Coalition Partners’ Comments on Draft DEP 23-1 / Permitting and Disadvantaged Communities
New York State Department of Environmental Conservation
Division Environmental Permits
Albany, NY 12233-3254
Re: Comments on Draft DEP 23-1/Permitting and Disadvantaged Communities
Dear Commissioner Seggos and Director Whitehead,
WE ACT for Environmental Justice, South Bronx Unite, Earthjustice, New York Lawyers for the Public Interest, along with the other undersigned organizations submit the following comments on the Draft DEC Program Policy DEP 23-1 regarding Permitting and Disadvantaged Communities. We thank DEC for a thoughtful approach to this essential policy guidance and appreciate the opportunity to comment on the draft. While we endorse many aspects of the draft policy, there are several important elements that must be revised to ensure DEC permitting decisions fully comply with Section 7(3) of the New York Climate Leadership and Community Protection Act (“CLCPA”). DEC must revise the policy to: (1) include renewal permits that allow continued emissions of greenhouse gases (“GHGs”) and co-pollutants, even if there is no increase from the permitted activity’s existing emissions levels; (2) provide additional guidance about when disproportionate burden reports are necessary and what data can be used for those reports; (3) ensure more opportunities for robust public participation; and (4) add guardrails for project design measures listed in the draft policy to ensure they adequately remediate burdens.
Download the full letter below.
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