2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0303 - Codes, Rules and Regulations.

§ 19-0303. Codes, rules and regulations.
1. A code, rule or regulation or any amendment or repeal thereof shall
not be adopted until after a public hearing within the area of the state
concerned.  Notice  of  such  hearing shall be given at least sixty days
prior to the scheduled date of the hearing by  public  advertisement  of
the  date,  time,  place  and  purpose of such hearing. At such hearing,
opportunity to be heard by the department with respect  to  the  subject
thereof  shall  be given to the public. A code, rule or regulation or an
amendment or repeal thereof shall not become effective until thirty days
after certified copies thereof shall have been filed with the  secretary
of state. Any person heard at such hearing shall be given written notice
of the action of the department with respect to the subject thereof.
2.  The  code,  rule  and/or regulation or any amendment thereof which
shall be  adopted  by  the  department  may  differ  in  its  terms  and
provisions  as  between particular types and conditions of air pollution
or  of  air  contamination;  as  between  particular  air  contamination
sources; and as between particular areas of the state.
3.  In  exercising  the  power conferred upon it by section 19-0301 to
formulate, adopt and promulgate, and to  amend  and  repeal,  codes  and
rules  and  regulations  for  preventing, controlling or prohibiting air
pollution, the department shall give due recognition to  the  fact  that
the  quantity  or characteristics of air contaminants or the duration of
their presence in the atmosphere, which may cause air pollution  in  one
area  of  the  state,  may cause less air pollution or not cause any air
pollution in  another  area  of  the  state,  and  it  shall  take  into
consideration  in this connection such factors, among others found by it
to  be  proper  and  just,  as  existing  physical  conditions,   zoning
classifications,   topography   and   prevailing   wind  directions  and
velocities and also the fact that a code, rule  or  regulation  and  the
degree of conformance therewith which may be proper as to an essentially
residential area of the state may not be proper as to a highly developed
industrial area of the state.
4.  In  adopting  any  code,  rule  or  regulation  which  contains  a
requirement that is more stringent than the Act  or  regulations  issued
pursuant  to  the  Act  by  the  United  States environmental protection
agency, the commissioner shall, in addition to the provisions of section
two hundred two-a of the state administrative procedure act, include  in
the regulatory impact statement:
(a)  a  detailed  explanation  of  the  reason or reasons that justify
exceeding federal minimum requirements, including:
(i) satisfying any requirement of the Act as it relates  to  New  York
state,   including  any  requirement  for  demonstrating  attainment  or
maintenance of ambient  air  quality  standards  or  meeting  reasonable
further progress pursuant to Title I of the Act;
(ii)  preventing  an  assessment  or  imposition  of sanctions, or the
imposition of a federal implementation plan, pursuant to the Act;
(iii) complying with a final decree of a court; or
(iv) protecting public health or the environment;
(b) an evaluation of the cost-effectiveness of the proposed code, rule
or regulation, in comparison with the cost-effectiveness  of  reasonably
available alternatives; and
(c)   a  review  of  the  reasonably  available  alternative  measures
considered by the commissioner and an explanation  of  the  reasons  for
rejecting such alternatives.
5.  The state, through its representatives on the interstate transport
commission established pursuant to  section  7506a  of  the  Act,  shall
provide  for  public  review  of proposed recommendations for additional
control measures and attainment strategies. Such public review  will  be

effected  by  the  governor's designee causing a notice of such proposed
recommendations to be published in the  Environmental  Notice  Bulletin.
Such  public review may be conducted concurrently with any public review
required pursuant to the Act.