NY Env Conserv L § 19-0301 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0301 - Powers and Duties.

§ 19-0301. Powers and duties.   1.  Consistent  with  the  policy  of  the  state as it is declared in section 19-0103, the department shall have power to:   a. Formulate, adopt and promulgate, amend and repeal codes  and  rules and regulations for preventing, controlling or prohibiting air pollution in  such areas of the state as shall or may be affected by air pollution and to include in  any  such  codes,  rules  or  regulations  a  general provision for controlling air contamination including but not limited to a  requirement  that permits to construct and certificates to operate be obtained from the department, provided, however, that in exercising  the provisions  of  this  subdivision  the department shall conform with the provisions of section 19-0303.   b. Include in any such codes  and  rules  and  regulations  provisions establishing  areas  of the state and prescribing for such areas (1) the degree of air pollution or  air  contamination  that  may  be  permitted therein,  (2) the extent to which air contaminants may be emitted to the air by any air contamination source, (3) standards for  the  composition of  fuels offered for sale or use of fuels or energy sources in any type or class of air contamination source where the department finds that air contaminants from such type or class or source will  probably  otherwise be  discharged  in contravention of applicable emission standards or air quality standards, and (4) requirements and standards for  the  approval of plans or specifications for air cleaning installations.   c.  Promulgate  standards  for  crankcase  ventilating systems and air contaminant emission control systems, in accordance with the Vehicle and Traffic Law.   d. Hold public hearings, conduct investigations, compel the attendance of witnesses, receive such pertinent and  relevant  proof  and  do  such other  things  as  it  may  deem to be necessary, proper or desirable in order that it may effectively discharge its code,  rule  and  regulation making duties and responsibilities under this article.   e.  Except as otherwise required by the Act or regulations promulgated pursuant thereto by the administrator, formulate, adopt, and promulgate, amend and repeal codes, rules and regulations establishing an  operating permit program in accordance with section 19-0311 of this title.   f. Delegate to the department of agriculture and markets the authority to  test  fuels for conformance with applicable standards and to enforce against violations of such standards.   2. It shall be the duty and responsibility of the department to:   a. Prepare and develop a general comprehensive plan for the control or abatement of existing air pollution and for the control or prevention of any new air pollution recognizing  varying  requirements  for  different areas of the state.   b.  Encourage  voluntary cooperation by all persons in controlling air pollution and air contamination.   c. Encourage the formulation and execution  of  plans  by  cooperative groups   or  associations  of  counties,  cities,  towns  and  villages, industries and others who severally or jointly are or may be the  source of air pollution, for the prevention and abatement of pollution.   d.  Cooperate  with  the  appropriate agencies of the United States or other states or any interstate agencies or international  agencies  with respect  to  the  control of air pollution and air contamination, or for the formulation for the submission to the legislature of interstate  air pollution control compacts or agreements.   e.  Promulgate standards for the use of fuel or fuel additives for use in motor vehicles or motor vehicle engines, taking  due  recognition  of federal standards and requirements.    3.  a. The department is prohibited from adopting any rule, regulation or standard which  would  require  the  use  or  sale  of  any  type  of reformulated  gasoline other than the federal reformulated gasoline that is certified by the administrator pursuant to section 7545(k) of the Act for  sale  and  use  in states other than California; provided, however, that nothing in this subdivision shall be deemed to limit the  authority of the department to adopt a rule, regulation or standard for:  (1) fuel oxygen content or fuel volatility; or  (2)  the  composition  of fuels necessary to implement section 7586 of the Act; or  (3) the composition of fuels necessary to implement  section  7507  of the  Act  if  such  fuel  standard is adopted and implemented regionally pursuant to agreement with any three states sharing a boundary with  New York; or  (4)  the  composition of fuels if the commissioner finds that no other measures would  bring  about  timely  attainment  or  maintenance  of  a national primary or secondary ambient air quality standard for which New York state must file a state implementation plan pursuant to the Act, or that  other  existing and technically possible measures are unreasonably costly or impracticable and the commissioner has included  such  measure in the implementation plan pursuant to section 7410 of the Act.   b.  No  provision of this subdivision shall be deemed to authorize the use of methyl tertiary butyl ether as an oxygenate  in  any  motor  fuel imported into, or sold or offered for sale in this state.   4.  Any  final  order  or  determination  or other final action by the commissioner and the validity or reasonableness of  any  code,  rule  or regulation  promulgated by the department pursuant to this article shall be subject to review as provided in article seventy-eight of  the  civil practice  law  and rules; provided however, the department may establish by regulation a ninety day statute of limitations for  review  of  final permit  actions  by the commissioner pursuant to section 19-0311 of this title, if required to maintain compliance with the Act.   5.  The  department  shall  certify  emission  reduction  credits  and establish  an  emission  reduction  credit registry. Such registry shall identify emission reduction credits, that are certified by, or used  in, New  York  state.  Prior  to  certifying  credits,  the department shall publish notice and provide the opportunity for public comment,  pursuant to  article  seventy  of this chapter, on the proposed modification of a source's permit to reflect that emission reductions will be certified as emission reduction credits. The  department  shall  provide  information regarding  the availability of such certified emission reduction credits to any  person  upon  request.  The  department  shall,  to  the  extent consistent  with  any  rules  or  guidance  related  to  emission offset requirements published by the administrator, adopt rules and regulations to provide for the use of mobile source emission reduction credits as  a means  of  satisfying  emission  offset requirements pursuant to section 7503(c) of the Act.  Such rules and regulations shall include  provision for  cooperating  with  the  commissioner  of motor vehicles pursuant to paragraph one of subdivision (d) of  section  301  of  the  vehicle  and traffic law.