§ 19-0303 — Codes, rules and regulations

§ 19-0303. Codes, rules and regulations.\n 1. A code, rule or regulation or any amendment or repeal thereof shall\nnot be adopted until after a public hearing within the area of the state\nconcerned. Notice of such hearing shall be given at least sixty days\nprior to the scheduled date of the hearing by public advertisement of\nthe date, time, place and purpose of such hearing. At such hearing,\nopportunity to be heard by the department with respect to the subject\nthereof shall be given to the public. A code, rule or regulation or an\namendment or repeal thereof shall not become effective until thirty days\nafter certified copies thereof shall have been filed with the secretary\nof state. Any person heard at such hearing shall be given written notice\nof the action of the department with respect to the subject thereof.\n 2. The code, rule and/or regulation or any amendment thereof which\nshall be adopted by the department may differ in its terms and\nprovisions as between particular types and conditions of air pollution\nor of air contamination; as between particular air contamination\nsources; and as between particular areas of the state.\n 3. In exercising the power conferred upon it by section 19-0301 to\nformulate, adopt and promulgate, and to amend and repeal, codes and\nrules and regulations for preventing, controlling or prohibiting air\npollution, the department shall give due recognition to the fact that\nthe quantity or characteristics of air contaminants or the duration of\ntheir presence in the atmosphere, which may cause air pollution in one\narea of the state, may cause less air pollution or not cause any air\npollution in another area of the state, and it shall take into\nconsideration in this connection such factors, among others found by it\nto be proper and just, as existing physical conditions, zoning\nclassifications, topography and prevailing wind directions and\nvelocities and also the fact that a code, rule or regulation and the\ndegree of conformance therewith which may be proper as to an essentially\nresidential area of the state may not be proper as to a highly developed\nindustrial area of the state.\n 4. In adopting any code, rule or regulation which contains a\nrequirement that is more stringent than the Act or regulations issued\npursuant to the Act by the United States environmental protection\nagency, the commissioner shall, in addition to the provisions of section\ntwo hundred two-a of the state administrative procedure act, include in\nthe regulatory impact statement:\n (a) a detailed explanation of the reason or reasons that justify\nexceeding federal minimum requirements, including:\n (i) satisfying any requirement of the Act as it relates to New York\nstate, including any requirement for demonstrating attainment or\nmaintenance of ambient air quality standards or meeting reasonable\nfurther progress pursuant to Title I of the Act;\n (ii) preventing an assessment or imposition of sanctions, or the\nimposition of a federal implementation plan, pursuant to the Act;\n (iii) complying with a final decree of a court; or\n (iv) protecting public health or the environment;\n (b) an evaluation of the cost-effectiveness of the proposed code, rule\nor regulation, in comparison with the cost-effectiveness of reasonably\navailable alternatives; and\n (c) a review of the reasonably available alternative measures\nconsidered by the commissioner and an explanation of the reasons for\nrejecting such alternatives.\n 5. The state, through its representatives on the interstate transport\ncommission established pursuant to section 7506a of the Act, shall\nprovide for public review of proposed recommendations for additional\ncontrol measures and attainment strategies. Such public review will be\neffected by the governor's designee causing a notice of such proposed\nrecommendations to be published in the Environmental Notice Bulletin.\nSuch public review may be conducted concurrently with any public review\nrequired pursuant to the Act.\n