2023 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, including but not limited to, educating
the  public  about  the  health  and  environmental  impacts  of  idling
vehicles,  such  as  air pollution from vehicle emissions, environmental
impacts of carbon dioxide emissions and  health  risks  associated  with
exposure  to  vehicle  emissions.  Such  education  shall, at a minimum,
include developing and distributing educational  materials  and  posting
such information on the department's website.
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.