§ 19-0301 — Powers and duties

§ 19-0301. Powers and duties.\n 1. Consistent with the policy of the state as it is declared in\nsection 19-0103, the department shall have power to:\n a. Formulate, adopt and promulgate, amend and repeal codes and rules\nand regulations for preventing, controlling or prohibiting air pollution\nin such areas of the state as shall or may be affected by air pollution\nand to include in any such codes, rules or regulations a general\nprovision for controlling air contamination including but not limited to\na requirement that permits to construct and certificates to operate be\nobtained from the department, provided, however, that in exercising the\nprovisions of this subdivision the department shall conform with the\nprovisions of section 19-0303.\n b. Include in any such codes and rules and regulations provisions\nestablishing areas of the state and prescribing for such areas (1) the\ndegree of air pollution or air contamination that may be permitted\ntherein, (2) the extent to which air contaminants may be emitted to the\nair by any air contamination source, (3) standards for the composition\nof fuels offered for sale or use of fuels or energy sources in any type\nor class of air contamination source where the department finds that air\ncontaminants from such type or class or source will probably otherwise\nbe discharged in contravention of applicable emission standards or air\nquality standards, and (4) requirements and standards for the approval\nof plans or specifications for air cleaning installations.\n c. Promulgate standards for crankcase ventilating systems and air\ncontaminant emission control systems, in accordance with the Vehicle and\nTraffic Law.\n d. Hold public hearings, conduct investigations, compel the attendance\nof witnesses, receive such pertinent and relevant proof and do such\nother things as it may deem to be necessary, proper or desirable in\norder that it may effectively discharge its code, rule and regulation\nmaking duties and responsibilities under this article.\n e. Except as otherwise required by the Act or regulations promulgated\npursuant thereto by the administrator, formulate, adopt, and promulgate,\namend and repeal codes, rules and regulations establishing an operating\npermit program in accordance with section 19-0311 of this title.\n f. Delegate to the department of agriculture and markets the authority\nto test fuels for conformance with applicable standards and to enforce\nagainst violations of such standards.\n 2. It shall be the duty and responsibility of the department to:\n a. Prepare and develop a general comprehensive plan for the control or\nabatement of existing air pollution and for the control or prevention of\nany new air pollution recognizing varying requirements for different\nareas of the state.\n b. Encourage voluntary cooperation by all persons in controlling air\npollution and air contamination, including but not limited to, educating\nthe public about the health and environmental impacts of idling\nvehicles, such as air pollution from vehicle emissions, environmental\nimpacts of carbon dioxide emissions and health risks associated with\nexposure to vehicle emissions. Such education shall, at a minimum,\ninclude developing and distributing educational materials and posting\nsuch information on the department's website.\n c. Encourage the formulation and execution of plans by cooperative\ngroups or associations of counties, cities, towns and villages,\nindustries and others who severally or jointly are or may be the source\nof air pollution, for the prevention and abatement of pollution.\n d. Cooperate with the appropriate agencies of the United States or\nother states or any interstate agencies or international agencies with\nrespect to the control of air pollution and air contamination, or for\nthe formulation for the submission to the legislature of interstate air\npollution control compacts or agreements.\n e. Promulgate standards for the use of fuel or fuel additives for use\nin motor vehicles or motor vehicle engines, taking due recognition of\nfederal standards and requirements.\n 3. a. The department is prohibited from adopting any rule, regulation\nor standard which would require the use or sale of any type of\nreformulated gasoline other than the federal reformulated gasoline that\nis certified by the administrator pursuant to section 7545(k) of the Act\nfor sale and use in states other than California; provided, however,\nthat nothing in this subdivision shall be deemed to limit the authority\nof the department to adopt a rule, regulation or standard for:\n (1) fuel oxygen content or fuel volatility; or\n (2) the composition of fuels necessary to implement section 7586 of\nthe Act; or\n (3) the composition of fuels necessary to implement section 7507 of\nthe Act if such fuel standard is adopted and implemented regionally\npursuant to agreement with any three states sharing a boundary with New\nYork; or\n (4) the composition of fuels if the commissioner finds that no other\nmeasures would bring about timely attainment or maintenance of a\nnational primary or secondary ambient air quality standard for which New\nYork state must file a state implementation plan pursuant to the Act, or\nthat other existing and technically possible measures are unreasonably\ncostly or impracticable and the commissioner has included such measure\nin the implementation plan pursuant to section 7410 of the Act.\n b. No provision of this subdivision shall be deemed to authorize the\nuse of methyl tertiary butyl ether as an oxygenate in any motor fuel\nimported into, or sold or offered for sale in this state.\n 4. Any final order or determination or other final action by the\ncommissioner and the validity or reasonableness of any code, rule or\nregulation promulgated by the department pursuant to this article shall\nbe subject to review as provided in article seventy-eight of the civil\npractice law and rules; provided however, the department may establish\nby regulation a ninety day statute of limitations for review of final\npermit actions by the commissioner pursuant to section 19-0311 of this\ntitle, if required to maintain compliance with the Act.\n 5. The department shall certify emission reduction credits and\nestablish an emission reduction credit registry. Such registry shall\nidentify emission reduction credits, that are certified by, or used in,\nNew York state. Prior to certifying credits, the department shall\npublish notice and provide the opportunity for public comment, pursuant\nto article seventy of this chapter, on the proposed modification of a\nsource's permit to reflect that emission reductions will be certified as\nemission reduction credits. The department shall provide information\nregarding the availability of such certified emission reduction credits\nto any person upon request. The department shall, to the extent\nconsistent with any rules or guidance related to emission offset\nrequirements published by the administrator, adopt rules and regulations\nto provide for the use of mobile source emission reduction credits as a\nmeans of satisfying emission offset requirements pursuant to section\n7503(c) of the Act. Such rules and regulations shall include provision\nfor cooperating with the commissioner of motor vehicles pursuant to\nparagraph one of subdivision (d) of section 301 of the vehicle and\ntraffic law.\n