N.Y. Environmental Conservation Law § 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.