N.Y. Environmental Conservation Law § 19-0907: Sulfur deposition control program

§ 19-0907. Sulfur deposition control program.

1. No later than January first, nineteen hundred eighty-five, the

department shall:

a. Identify and publish a preliminary list of the sensitive receptor

areas of the state with respect to sulfate deposition.

b. Measure or estimate wet and dry sulfate deposition at each of these

sensitive receptor areas, including:

(i) total sulfate deposition from all sources; and

(ii) total sulfate deposition from instate sources; and

(iii) the ratio of total sulfate deposition from instate sources to

total sulfate deposition from all sources.

c. Identify and publish a preliminary list of environmental threshold

values for each sensitive receptor area.

d. Identify and publish a preliminary list or inventory of all

facilities and stationary sources in the state which emit sulfur

dioxide.

e. Prepare such supporting documentation as the department considers

appropriate.

2. a. Before publishing any preliminary list or report pursuant to

subdivision one of this section, the department shall conduct a review

of all appropriate existing acid deposition reports and data as prepared

by the department, other agencies of the state, agencies of other

states, agencies of the federal government or agencies of foreign

governments. The department shall further review appropriate acid

deposition reports, data, documents, studies, surveys or analyses as

currently exist in the scientific literature.

b. The department shall set forth in writing its presuppositions and

assumptions, mathematical modeling techniques, sampling methodologies,

and analytical protocols, based upon existing scientific knowledge, that

are utilized to derive the preliminary lists and reports required by

this section.

3. Based on the activities listed in subdivisions one and two of this

section, the department shall formulate a preliminary final control

target for each sensitive receptor area, and shall develop a strategy

identifying any emissions reductions for the various facilities and

stationary sources in the state that will be required to meet the

deposition control targets. These targets and strategies, together with

the lists, reports and supporting documentation described in this

section, and together with an analysis of the economic impact of the

implementation of such targets and strategies, shall constitute a

preliminary sulfur deposition control program.

4. a. No later than March first, nineteen hundred eighty-five, the

department shall conduct public hearings in at least three geographic

locations of the state for the purpose of soliciting information and

comments from the public on the preliminary sulfur deposition control

program. Any such public hearings shall comply with the notice

provisions and other procedures in title three and title five of this

article.

b. No later than May first, nineteen hundred eighty-five, and after

due consideration of the hearing record, independent scientific review,

if any, and the considerations listed in section 19-0303 of this

article, the department shall publish the sulfur deposition control

program, hereinafter referred to as the "program". In addition to

publishing the program, the department shall submit copies of such

program to the governor, the temporary president of the senate, the

speaker of the assembly, the chairman of the senate standing committee

on environmental conservation and recreation, and the chairman of the

assembly standing committee on environmental conservation.

c. The program shall be subject to review pursuant to the procedures

in title five of this article.

5. The department shall promulgate such rules and regulations as are

necessary to effectuate the provisions of this section.

6. The department shall publish all preliminary and final lists,

reports, targets and programs required by this section in the state

register and in the environmental notice bulletin.