N.Y. Environmental Conservation Law § 21-0525: Interstate air pollution

§ 21-0525. Interstate air pollution.

When the state of New Jersey shall have enacted legislation of

substantially similar import and for so long as such legislation of the

state of New Jersey remains in force, the interstate environmental

commission shall, in addition to its other powers, duties and functions

have authority, in accordance with article three of the tri-state

compact set forth in section 21-0501 of this chapter, to engage in

activities with respect to interstate air pollution problems between the

states of New York and New Jersey as follows:

a. to conduct studies;

b. to undertake research, testing and development;

c. to gather, exchange and disseminate information with and among

public or private bodies, persons or organizations and to cooperate with

any of them in solving air pollution problems;

d. to take samplings and to trace sources of air pollutants;

e. to refer complaints to an appropriate enforcement agency or

agencies of the states in which the sources are located and to which air

pollutants are carried, along with such data and information as it may

have obtained with respect to the nature, characteristics, source, path

and effect of air pollutants;

f. whenever found appropriate on the basis of such studies and

research, (1) to make recommendations and reports to the governors and

legislatures of the participating states;

(2) to recommend to the legislatures, air pollution control agencies

and municipalities of the states the establishment of such specific

control and enforcement measures as may be necessary to abate air

pollution in one state which endangers the health and welfare of people

in another state;

(3) to join in a requirement upon the federal Administrator of the

Environmental Protection Agency that he convene a conference pursuant to

the federal clean air act, and to participate in such a conference; and

(4) to recommend and assist in the establishment of air pollution

monitoring systems and air pollution warning systems.

The primary effort of the interstate environmental commission under

this act shall be directed to air contaminant solids, liquids or gases

which are toxic, disagreeable or irritant, or which are destructive.

In carrying out its functions under this act, the interstate

environmental commission shall make use of the services, facilities and

information of existing state, local and federal agencies wherever

feasible and available.

In furtherance of the purposes of this act, the interstate

environmental commission is empowered to accept moneys, property and

other donations or gifts from any person whatever, whether public,

private or governmental, real or artificial.

No trade secret or secret process shall be inquired into by the

interstate environmental commission under this act, whether with respect

to one or more of the substances or one or more of the processes,

operations, techniques or devices used in connection therewith, and

whenever a trade secret or secret process is involved, the activity

under this act shall be limited to the identification of the device or

facility from which the effluent discharged into the outer air derives,

and the nature, rate and period of emission of such effluent.

All information obtained from any sampling, tracing or other specific

inquiry performed under this act shall be kept and maintained as a

confidential disclosure and, except as may be essential for the purpose

of referring a complaint to an appropriate enforcement agency and of any

enforcement proceeding by or before any such agency, shall not be

disclosed or published in any way other than such as will not identify a

given substance, process, operation, technique or device with the

physical location or identity of the source plant or facility, or with

the product made or service performed, or with the person or persons

using the same.

A printed copy of the provisions of this section shall be furnished on

request to any person furnishing information to the interstate

environmental commission and, in case of an inquiry at a plant or

facility, to the person then in charge of the same.

So long as the activities conducted pursuant to this act are limited

to the states of New York and New Jersey, all of the costs and expenses

of the same, direct and indirect, shall be met, within the limits of

available appropriations therefor, by said two states in equal shares

and all actions of the interstate environmental commission with respect

to such activities shall be governed solely by the commissioners from

the states of New York and New Jersey, with like effect as though the

state of Connecticut were not a participant of said commission, and for

this purpose the commission shall establish administratively a separate

division on interstate air pollution, and maintain separate financial

accounts to reflect its direct and allocated costs and expenses;

provided, however, that the full commission, including the members

representing the state of Connecticut, shall rule on all matters

touching the accounting systems to be used and the charging and

allocation of costs and expenses.