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NYC 9/11 Public Portal Document

Attached are my drafts of four definitions for discussion by the EJ Advisory Group. These are drafts for discussion purposes only, and are not to be construed as having been drafted or approved by New York City or the Mayor's Office. Please let me have any comments (or your alternative definitions) so that we may try to reach agrecment on several definitions to present to the EJ Advisory Group for discussion by the group as a whole at our next meeting in New York City.

Affected Population: The population that can be demonstrated will experience significant adverse environmental or health impacts resulting from the operation of the source for which a New York State Department of Environmental Conservation (DEC) permit is sought. If such impacts are cumulative, the source must contribute measurably to the cumulative adverse impacts. Whenever possible, the determination that the source for which the DEC permit is sought would cause or contribute to a significant adverse environmental or health effect should be based on scientifically accepted criteria, such as an exceedance of a state or federal health or environmental standard (e.g., a National Ambient Air Quality Standard).

General Population: The total set of persons in a Jurisdiction.

Jurisdiction: The municipality or county (whichever is greater in population) that contains an Affected Population, provided, however, that (a) if the Affected Population is contained within more than one municipality or county, the Jurisdiction shall consist of all municipalities or counties containing members of the Affected Population, and (b) if the Affected Population comprises more than % of the total population of the Jurisdiction as defined above, then the Jurisdiction shall be deemed to consist of all municipalities or counties including the Affected Population and all municipalities or counties contiguous to them.

Comparison Population: The General Population, excluding the Affected Population. Prior to granting a permit, DEC shall determine whether the Affected Population differs significantly from the Comparison Population in demographic characteristics and in the degree of adverse environmental and health impacts it will experience if the permit is granted. If DEC determines that the Affected Population and the Comparison Population differ significantly in both demographic characteristics and significant adverse environmental and health impacts, then DEC shall undertake an Environmental Justice Analysis to determine whether: (a) the permit should be granted; (b) the permit should be granted, provided that the applicant undertakes mitigation of the anticipated significant adverse environmental or health impacts as required by the DEC; or (c) the permit should be denied.

NYC-WTC 000137667