NY Env Conserv L § 19-0907 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 9 - State Acid Deposition Control Act 19-0907 - Sulfur Deposition Control Program.

§ 19-0907. Sulfur deposition control program.   1.  No  later  than  January  first, nineteen hundred eighty-five, the department shall:   a. Identify and publish a preliminary list of the  sensitive  receptor areas of the state with respect to sulfate deposition.   b. Measure or estimate wet and dry sulfate deposition at each of these sensitive receptor areas, including:  (i) total sulfate deposition from all sources; and  (ii) total sulfate deposition from instate sources; and  (iii)  the  ratio  of total sulfate deposition from instate sources to total sulfate deposition from all sources.   c. Identify and publish a preliminary list of environmental  threshold values for each sensitive receptor area.   d.  Identify  and  publish  a  preliminary  list  or  inventory of all facilities and  stationary  sources  in  the  state  which  emit  sulfur dioxide.   e.  Prepare  such supporting documentation as the department considers appropriate.   2. a. Before publishing any preliminary list  or  report  pursuant  to subdivision  one  of this section, the department shall conduct a review of all appropriate existing acid deposition reports and data as prepared by the department, other  agencies  of  the  state,  agencies  of  other states,  agencies  of  the  federal  government  or  agencies of foreign governments.  The  department  shall  further  review  appropriate  acid deposition  reports,  data,  documents,  studies, surveys or analyses as currently exist in the scientific literature.   b. The department shall set forth in writing its  presuppositions  and assumptions,  mathematical  modeling techniques, sampling methodologies, and analytical protocols, based upon existing scientific knowledge, that are utilized to derive the preliminary lists  and  reports  required  by this section.   3.  Based on the activities listed in subdivisions one and two of this section, the department shall  formulate  a  preliminary  final  control target  for  each  sensitive receptor area, and shall develop a strategy identifying any emissions reductions  for  the  various  facilities  and stationary  sources  in  the  state  that  will  be required to meet the deposition control targets. These targets and strategies, together  with the  lists,  reports  and  supporting  documentation  described  in this section, and together with an analysis of the  economic  impact  of  the implementation  of  such  targets  and  strategies,  shall  constitute a preliminary sulfur deposition control program.   4. a. No later than March first,  nineteen  hundred  eighty-five,  the department  shall  conduct  public hearings in at least three geographic locations of the state for the purpose  of  soliciting  information  and comments  from  the  public on the preliminary sulfur deposition control program.  Any  such  public  hearings  shall  comply  with  the   notice provisions  and  other  procedures in title three and title five of this article.   b. No later than May first, nineteen hundred  eighty-five,  and  after due  consideration of the hearing record, independent scientific review, if any, and  the  considerations  listed  in  section  19-0303  of  this article,  the  department  shall  publish  the sulfur deposition control program, hereinafter referred  to  as  the  "program".  In  addition  to publishing  the  program,  the  department  shall  submit copies of such program to the governor, the temporary  president  of  the  senate,  the speaker  of  the assembly, the chairman of the senate standing committee on environmental conservation and recreation, and the  chairman  of  the assembly standing committee on environmental conservation.    c.  The  program shall be subject to review pursuant to the procedures in title five of this article.   5.  The  department shall promulgate such rules and regulations as are necessary to effectuate the provisions of this section.   6. The department shall  publish  all  preliminary  and  final  lists, reports,  targets  and  programs  required  by this section in the state register and in the environmental notice bulletin.