Title ENV, Environmental Conservation

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

§ 19-0103. Declaration of policy. It is declared to be the policy of the state of New York to maintain a reasonable degree of purity of the air resources of the state, which shall be consistent with the public health and welfare and the public enjoyment thereof, the industrial de…

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

§ 19-0107. Definitions. When used in this article: 1. "Person" means any individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, association, firm, trust, estate or any other legal entity whats…

§ 19-0301. Powers and duties. 1. Consistent with the policy of the state as it is declared in section 19-0103, the department shall have power to: a. Formulate, adopt and promulgate, amend and repeal codes and rules and regulations for preventing, controlling or prohibiting air p…

§ 19-0302. Permits and certificates. 1. The rules and regulations adopted by the department to implement this article and the provisions of article 70 of this chapter and rules and regulations adopted thereunder and the provisions of the state administrative procedure act shall g…

§ 19-0303. Codes, rules and regulations. 1. A code, rule or regulation or any amendment or repeal thereof shall not be adopted until after a public hearing within the area of the state concerned. Notice of such hearing shall be given at least sixty days prior to the scheduled dat…

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

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

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

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

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

§ 19-0307. Certificates of compliance for purposes of the Real Property Tax Law. 1. For the purposes of section 481 of the Real Property Tax Law, the commissioner or his designated representative is hereby authorized to issue certificates of compliance concerning air pollution co…

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

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

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

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

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

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

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

§ 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 sponsored major facilities. 1. For the purposes of this section only: a. "Major facility" means an air contamination source which directly emits, or has the potential to emit, twenty-five tons per year of either oxid…

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

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

§ 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. 1. The department may implement new or revise existing regulatory or permitting fee programs only to the extent necessary to comply with section 7511d of the Act related to the non-attainment of national ambient air quality standards.…

§ 19-0329. Certain fuel oil; prohibited. 1. On and after July first, two thousand twenty-three, no fuel oil, grade number six, as classified by ASTM International D396-15c, shall be used for the purpose of providing heat for any building or facility in the state. 2. Nothing in th…

§ 19-0331. Moratorium on air permit issuance and renewal. 1. For the period commencing on the effective date of this section and ending two years after such date, the department, after consultation with the department of public service, shall not approve a new application for or …

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

§ 19-0503. Complaints; investigation. In case any written complaint shall be filed with the commissioner and he shall have cause to believe, or in case the commissioner himself shall have cause to believe, that any person is violating any code, rule or regulation, which was promu…

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

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

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

§ 19-0511. Review by the courts. 1. Any final order or determination or other final action by the commissioner and the validity or reasonableness of any code, rule or regulation promulgated by the department pursuant to this article shall be subject to review as provided in artic…

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

§ 19-0703. Existing rights and remedies. It is the purpose of this article to provide additional and cumulative remedies to prevent and abate air pollution and air contamination. Nothing in this article contained shall abridge or alter rights of action or remedies now or hereafte…

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

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

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

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

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

§ 19-0903. Definitions. As used in this title: 1. "Acid deposition" means the wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered nor…

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

§ 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…

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

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

§ 19-0913. Nitrogen deposition control program. In the absence of a controlling federal statute or program which the commissioner determines is consistent with the purpose and intent of this title, the department shall promulgate, no later that January first, nineteen hundred eig…

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

§ 19-0919. General powers. 1. Nothing in this title shall be construed to require or prohibit the department from: a. extending compliance schedules, issuing variances or relaxing performance standards at any specific facility or stationary source, so long as such extension, issu…

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