Title ENV, Environmental Conservation

§ 19-0101. Short title.\n This article shall be known as the "Air Pollution Control Act".\n

§ 19-0103. Declaration of policy.\n It is declared to be the policy of the state of New York to maintain a\nreasonable degree of purity of the air resources of the state, which\nshall be consistent with the public health and welfare and the public\nenjoyment thereof, the industri…

§ 19-0105. Declaration of purpose.\n It is the purpose of this article to safeguard the air resources of\nthe state from pollution by: (1) controlling or abating air pollution\nwhich shall exist when this artcle shall be enacted and (2) preventng\nnew air pollution, under a progr…

§ 19-0107. Definitions.\n When used in this article:\n 1. "Person" means any individual, public or private corporation,\npolitical subdivision, agency, board, department or bureau of the state,\nmunicipality, partnership, association, firm, trust, estate or any other\nlegal entit…

§ 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…

§ 19-0302. Permits and certificates.\n 1. The rules and regulations adopted by the department to implement\nthis article and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder and the provisions of the state\nadministrative procedure act sh…

§ 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 schedule…

§ 19-0304. Burning of hazardous wastes.\n 1. Any person applying for a permit to burn hazardous waste pursuant\nto the department's rules and regulations shall be subject to the\nrequirements of this section.\n For the purposes of this section, all burning of hazardous wastes\nsh…

§ 19-0305. Commissioner; enforcement power.\n 1. The commissioner is hereby authorized to enforce the codes, rules\nand regulations of the department established in accordance with this\narticle.\n 2. In addition to the powers otherwise granted under this article, and\nin accorda…

§ 19-0306. Municipal solid and regulated medical waste incineration\n facilities.\n 1. Definitions. When used in this section:\n a. "Municipal solid waste incineration facility" means a facility that\nis owned, operated, or utilized by, or under contract with, a\nmunicipality or …

§ 19-0306-a. Personal watercraft emissions regulations.\n 1. Pursuant to The Federal Clean Air Act, 42 U.S.C. section 7543\n(e)(2)(b) as amended by Public Law 101-549, November fifteenth, nineteen\nhundred ninety, within one year from the effective date of this section,\nthe comm…

§ 19-0306-b. Zero-emissions cars and trucks.\n 1. It shall be a goal of the state that one hundred percent of new\npassenger cars and trucks offered for sale or lease, or sold, or leased,\nfor registration in the state shall be zero-emissions by two thousand\nthirty-five. It shal…

§ 19-0307. Certificates of compliance for purposes of the Real Property\n Tax Law.\n 1. For the purposes of section 481 of the Real Property Tax Law, the\ncommissioner or his designated representative is hereby authorized to\nissue certificates of compliance concerning air pollut…

§ 19-0309. Certificates of compliance for purposes of the Tax Law.\n 1. For the purposes of sections 208, 210, 606 and 612 of the Tax Law,\nthe commissioner or his designated representative is hereby authorized\nto issue certificates of compliance concerning air pollution control…

§ 19-0311. Operating permit program for sources subject to federal Clean\n Air Act.\n 1. The department shall establish an operating permit program for\nsources subject to Title V of the Act. Upon approval of such program by\nthe administrator, the following sources of regulated …

§ 19-0312. Power plant emissions and performance standards.\n 1. Definitions. As used in this section:\n a. "Mercury" means elemental, oxidized, and particle-bound mercury in\nsource emissions.\n b. "Major electric generating facility" means any electricity\ngenerating facility w…

§ 19-0313. Small business stationary source technical and environmental\n compliance assistance program.\n 1. The commissioner is hereby authorized and directed to establish,\ndevelop and implement a small business stationary source technical and\nenvironmental compliance assista…

§ 19-0315. Small business stationary source compliance advisory panel.\n 1. There is hereby established a small business stationary source\ncompliance advisory panel which shall have the responsibility to:\n a. provide guidance to the department on the development of the small\nb…

§ 19-0317. Air program evaluation.\n Within eighteen months after the effective date of this section, and\nbiennially thereafter, the department shall, in coordination with the\ndepartment of economic development, prepare and submit to the governor\nand the legislature a report e…

§ 19-0319. Centrally fueled fleet program.\n 1. The department shall develop a centrally fueled fleet program for\nlight duty and heavy duty vehicles, as specified in subdivision (b) of\nsection 7586 of the Act, unless the department has adopted a substitute\nprogram or programs …

§ 19-0320. Emissions inspections of heavy duty vehicles.\n 1. When used in this section:\n a. "Heavy duty vehicle" means any vehicle powered by diesel fuel and\nhaving a gross vehicle weight of greater than eight thousand five\nhundred pounds, except that those vehicles defined i…

§ 19-0321. Permits to construct and operate certain municipally\n sponsored major facilities.\n 1. For the purposes of this section only:\n a. "Major facility" means an air contamination source which directly\nemits, or has the potential to emit, twenty-five tons per year of eith…

§ 19-0323. Use of ultra low sulfur diesel fuel and best available\n technology by the state.\n 1. As used in this section, the terms:\n a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur\ncontent of 0.0015 per cent of sulfur or less.\n b. "Heavy duty vehicle" or "v…

§ 19-0325. Sulfur reduction requirements.\n (1) On or after July first, two thousand twelve, all number two\nheating oil sold for use in residential, commercial, or industrial\nheating within the state shall not have a sulfur content greater than\nfifteen parts per million.\n (2)…

§ 19-0327. Bioheating fuel requirements.\n (1) Definitions. For the purpose of this section, the following terms\nshall have the following meanings:\n (a) "Biodiesel" shall mean a fuel, designated B100, that meets the\nrequirements of the ASTM international specification D6751.\n…

§ 19-0328. Ozone non-attainment fee programs.\n 1. The department may implement new or revise existing regulatory or\npermitting fee programs only to the extent necessary to comply with\nsection 7511d of the Act related to the non-attainment of national\nambient air quality stand…

§ 19-0329. Certain fuel oil; prohibited.\n 1. On and after July first, two thousand twenty-three, no fuel oil,\ngrade number six, as classified by ASTM International D396-15c, shall be\nused for the purpose of providing heat for any building or facility in\nthe state.\n 2. Nothin…

§ 19-0331. Moratorium on air permit issuance and renewal.\n 1. For the period commencing on the effective date of this section and\nending two years after such date, the department, after consultation\nwith the department of public service, shall not approve a new\napplication fo…

§ 19-0501. Notice of hearing; service of process.\n 1. Notices of every public hearing held pursuant to the provisions of\nthis article shall specify the time, date, place and purpose of the\nhearing.\n 2. Service of all processes of the commissioner pursuant to the\nprovisions o…

§ 19-0503. Complaints; investigation.\n In case any written complaint shall be filed with the commissioner and\nhe shall have cause to believe, or in case the commissioner himself\nshall have cause to believe, that any person is violating any code, rule\nor regulation, which was …

§ 19-0505. Notice of violation and public hearing.\n Whenever it shall appear to the commissioner that there has been a\nviolation of any code, rule or regulation of the department promulgated\npursuant to this article, the commissioner shall cause to have issued\nand served upon…

§ 19-0507. Conduct of hearing.\n 1. The respondent to such complaint may file a written answer thereto\nat least three days prior to the hearing and may appear at such hearing\nin person or by representative, with or without counsel, and may submit\ntestimony, or may do both.\n 2…

§ 19-0509. Order or determination; burdens of proof.\n 1. After due consideration of the written and oral statements, the\ntestimony and arguments that shall be submitted under the provisions of\nsection 19-0507 or, upon default in appearance of the respondent on the\nreturn day …

§ 19-0511. Review by the courts.\n 1. 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 …

§ 19-0701. Application of article.\n The provisions of this article shall apply to all areas of the state.\n

§ 19-0703. Existing rights and remedies.\n It is the purpose of this article to provide additional and cumulative\nremedies to prevent and abate air pollution and air contamination.\nNothing in this article contained shall abridge or alter rights of\naction or remedies now or her…

§ 19-0705. Persons other than the state shall not acquire actionable\n rights.\n The basis for proceedings or other actions that shall result from\nviolations of any code, rule or regulation which shall be promulgated by\nthe department pursuant to this article shall inure solely…

§ 19-0707. Conflicting laws.\n This article shall not be construed as repealing any of the laws\nrelating to air pollution or air contamination which are not by this\narticle expressly repealed, but it shall be held and construed to be as\nancillary to and supplementing the laws …

§ 19-0709. Local laws, ordinances and regulations.\n Any local laws, ordinances or regulations of any governing body of a\ncounty, city, town or village which are not inconsistent with this\narticle or with any code, rule or regulation which shall be promulgated\npursuant to this…

§ 19-0711. Separability clause.\n If any clause, sentence, paragraph, section or part of this article\nshall be adjudged by any court of competent jurisdiction to be invalid,\nthe judgment shall not affect, impair or invalidate the remainder of\nthis article but shall be confined…

§ 19-0901. Short title.\n This title may be cited as the "State Acid Deposition Control Act".\n

§ 19-0903. Definitions.\n As used in this title:\n 1. "Acid deposition" means the wet or dry deposition from the\natmosphere of chemical compounds, usually in the form of rain or snow,\nhaving the potential to form an aqueous compound with a pH level lower\nthan the level conside…

§ 19-0905. Applicability.\n The provisions of this title shall apply to:\n 1. All major steam electric generating facilities in the state; and\n 2. All stationary sources in the state.\n

§ 19-0907. Sulfur deposition control program.\n 1. No later than January first, nineteen hundred eighty-five, the\ndepartment shall:\n a. Identify and publish a preliminary list of the sensitive receptor\nareas of the state with respect to sulfate deposition.\n b. Measure or esti…

§ 19-0909. Interim control target.\n 1. a. In the absence of a controlling federal statute or program which\nthe commissioner determines is consistent with the purpose and intent of\nthis title, the department shall promulgate, no later than January\nfirst, nineteen hundred eight…

§ 19-0911. Final control target.\n 1. a. In the absence of a controlling federal statute or program which\nthe commissioner determines is consistent with the purpose and intent of\nthis title, the department shall formulate, no later than January first,\nnineteen hundred ninety-o…

§ 19-0913. Nitrogen deposition control program.\n In the absence of a controlling federal statute or program which the\ncommissioner determines is consistent with the purpose and intent of\nthis title, the department shall promulgate, no later that January\nfirst, nineteen hundre…

§ 19-0915. Emission offsets or credits.\n For the purposes of determining the attainment of, or compliance with,\nthe emission controls or reductions required by this article, or any\nrules or regulations promulgated thereunder, the department shall allow\noffsets of greater emis…

§ 19-0919. General powers.\n 1. Nothing in this title shall be construed to require or prohibit the\ndepartment from:\n a. extending compliance schedules, issuing variances or relaxing\nperformance standards at any specific facility or stationary source, so\nlong as such extensio…

§ 19-0921. Enforcement.\n 1. The commissioner may use the powers granted under title three of\nthis article to determine attainment of, or compliance with, the\nemission controls and reductions required by this article.\n 2. The commissioner may request the advice and assistance …