2023 New York Laws › ENV - Environmental Conservation › Article 19 - Air Pollution Control › Title 3 - Powers and Duties › 19-0305 - Commissioner; Enforcement Power.

§ 19-0305. Commissioner; enforcement power.
1.  The  commissioner is hereby authorized to enforce the codes, rules
  and regulations of the department established in  accordance  with  this
  article.
2. In addition to the powers otherwise granted under this article, and
  in  accordance  with  the policies of department, the commissioner shall
  have power to:
a. Enter and inspect any property, premise or place and  stop,  detain
  and inspect any motor vehicle for the purpose of investigating either an
  actual  or suspected source of air pollution or air contamination or for
  the purpose of ascertaining compliance or noncompliance with  any  code,
  rule  or  regulation  which  may  be promulgated under this article. Any
  information relating to secret processes, or methods of manufacture,  or
  production  obtained  in  the  course of the inspection or investigation
  shall be kept confidential, provided that the quantity and physical  and
  chemical   characteristics  of  actual  and  allowable  air  contaminant
  emissions shall be considered public information. If samples of  air  or
  air  contaminants  are  taken for analysis during any inspection made on
  the premises of a person who is suspected of causing  air  pollution  or
  air  contamination  or  during  the  inspection  of  a  motor vehicle, a
  duplicate of the analytical report shall be furnished promptly  to  such
  person or the owner of such motor vehicle.
b.  Conduct or cause to be conducted studies and research with respect
  to air pollution control, abatement or prevention.
c. Conduct and supervise programs of air pollution  control  education
  including  the  preparation  and distribution of information relating to
  air pollution control.
d. Determine by means of field studies and sampling the degree of  air
  pollution in New York state.
e.   Provide   advisory   technical  consultation  services  to  local
  communities.
f. Develop and conduct  demonstration  programs  in  cooperation  with
  local communities.
g.  Promote the establishment of local laboratory facilities including
  essential instrumentation.
h. Provide facilities  and  staff  for  training  personnel  of  local
  communities in the principles of air sanitation.
i.  Serve as the agent of the state for the receipt of monies from the
  federal government or other public or private  agencies  and  to  expend
  such monies after appropriation thereof for the purpose of air pollution
  control studies or research.
j.  Consider  for approval or disapproval applications for permits and
  certificates including plans or  specifications  for  air  contamination
  sources  and  air  cleaning  installations or any part thereof submitted
  consistent  with  the  rules  of  the  department,   and   inspect   the
  installation  for  compliance with the plans or specifications; provided
  that in the case of a  major  steam  electric  generating  facility,  as
  defined  in  former section one hundred forty of the public service law,
  for which a certificate is required pursuant to the former article eight
  of the public service law, or a major electric  generating  facility  as
  defined  in  section  one  hundred  sixty of the public service law, for
  which a certificate is required pursuant to article ten  of  the  public
  service law, such approval functions may be performed by the state board
  on  electric  generation  siting  and the environment, as defined in the
  public  service  law,  pursuant  to  federally  delegated  or   approved
  environmental  permitting authority, and such inspection functions shall
  be performed by the department. Nothing herein shall limit the authority
  of  the  department  of  health  and  the  department  to  monitor   the

  environmental  and  health  impacts resulting from the operation of such
  major steam electric  generating  facility  and  to  enforce  applicable
  provisions  of  the public health law and this chapter and the terms and
  conditions  of  the  certificate  governing the environmental and health
  impacts resulting from such operation.
k. Approve types of crankcase ventilating systems and air  contaminant
  emission  control  systems  pursuant  to  standards  promulgated  by the
  department, in accordance with the Vehicle and Traffic Law.
l. Do such other things as he may deem necessary, proper or  desirable
  in order that he may enforce codes, rules or regulations which have been
  promulgated under this article.