NY Env Conserv L § 21-0525 (2021)
2021 New York Laws ENV - Environmental Conservation Article 21 - Pollution Control Compacts Title 5 - Tri-State Compact and Interstate Environmental Commission 21-0525 - Interstate Air Pollution.

§ 21-0525. Interstate air pollution.   When  the  state  of  New  Jersey  shall  have  enacted legislation of substantially similar import and for so long as such legislation of  the state  of  New  Jersey  remains  in  force, the interstate environmental commission shall, in addition to its other powers, duties and  functions have  authority,  in  accordance  with  article  three  of the tri-state compact set forth in section 21-0501  of  this  chapter,  to  engage  in activities with respect to interstate air pollution problems between the states of New York and New Jersey as follows:   a. to conduct studies;   b. to undertake research, testing and development;   c.  to  gather,  exchange  and  disseminate information with and among public or private bodies, persons or organizations and to cooperate with any of them in solving air pollution problems;   d. to take samplings and to trace sources of air pollutants;   e. to  refer  complaints  to  an  appropriate  enforcement  agency  or agencies of the states in which the sources are located and to which air pollutants  are  carried, along with such data and information as it may have obtained with respect to the nature, characteristics, source,  path and effect of air pollutants;   f.  whenever  found  appropriate  on  the  basis  of  such studies and research, (1) to make recommendations and reports to the  governors  and legislatures of the participating states;  (2)  to  recommend to the legislatures, air pollution control agencies and municipalities of the states  the  establishment  of  such  specific control  and  enforcement  measures  as  may  be  necessary to abate air pollution in one state which endangers the health and welfare of  people in another state;  (3)  to  join  in  a requirement upon the federal Administrator of the Environmental Protection Agency that he convene a conference pursuant to the federal clean air act, and to participate in such a conference; and  (4) to recommend and assist in  the  establishment  of  air  pollution monitoring systems and air pollution warning systems.   The  primary  effort  of the interstate environmental commission under this act shall be directed to air contaminant solids, liquids  or  gases which are toxic, disagreeable or irritant, or which are destructive.   In   carrying  out  its  functions  under  this  act,  the  interstate environmental commission shall make use of the services, facilities  and information  of  existing  state,  local  and  federal agencies wherever feasible and available.   In  furtherance  of  the  purposes  of  this   act,   the   interstate environmental  commission  is  empowered  to accept moneys, property and other donations or gifts  from  any  person  whatever,  whether  public, private or governmental, real or artificial.   No  trade  secret  or  secret  process  shall  be inquired into by the interstate environmental commission under this act, whether with respect to one or more of the substances  or  one  or  more  of  the  processes, operations,  techniques  or  devices  used  in connection therewith, and whenever a trade secret or secret  process  is  involved,  the  activity under  this  act shall be limited to the identification of the device or facility from which the effluent discharged into the outer air  derives, and the nature, rate and period of emission of such effluent.   All  information obtained from any sampling, tracing or other specific inquiry performed under this act shall  be  kept  and  maintained  as  a confidential  disclosure and, except as may be essential for the purpose of referring a complaint to an appropriate enforcement agency and of any enforcement proceeding by or  before  any  such  agency,  shall  not  be disclosed or published in any way other than such as will not identify a  given  substance,  process,  operation,  technique  or  device  with the physical location or identity of the source plant or facility,  or  with the  product  made  or  service performed, or with the person or persons using the same.   A printed copy of the provisions of this section shall be furnished on request   to   any  person  furnishing  information  to  the  interstate environmental commission and, in case  of  an  inquiry  at  a  plant  or facility, to the person then in charge of the same.   So  long  as the activities conducted pursuant to this act are limited to the states of New York and New Jersey, all of the costs and  expenses of  the  same,  direct  and indirect, shall be met, within the limits of available appropriations therefor, by said two states  in  equal  shares and  all actions of the interstate environmental commission with respect to such activities shall be governed solely by  the  commissioners  from the  states  of  New York and New Jersey, with like effect as though the state of Connecticut were not a participant of said commission, and  for this  purpose the commission shall establish administratively a separate division on interstate air pollution, and  maintain  separate  financial accounts  to  reflect  its  direct  and  allocated  costs  and expenses; provided, however, that  the  full  commission,  including  the  members representing  the  state  of  Connecticut,  shall  rule  on  all matters touching the  accounting  systems  to  be  used  and  the  charging  and allocation of costs and expenses.