2010 New York Code
ENV - Environmental Conservation
Article 19 - AIR POLLUTION CONTROL
Title 3 - (19-0301 - 19-0325) POWERS AND DUTIES
19-0303 - Codes, rules and regulations.

§ 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 thirty days
  prior to the scheduled date of the hearing by  public  advertisement  of
  the  date,  time,  place  and  purpose of such hearing. At such hearing,
  opportunity to be heard by the department with respect  to  the  subject
  thereof  shall  be given to the public. A code, rule or regulation or an
  amendment or repeal thereof shall not become effective until thirty days
  after certified copies thereof shall have been filed with the  secretary
  of state. Any person heard at such hearing shall be given written notice
  of the action of the department with respect to the subject thereof.
    2.  The  code,  rule  and/or regulation or any amendment thereof which
  shall be  adopted  by  the  department  may  differ  in  its  terms  and
  provisions  as  between particular types and conditions of air pollution
  or  of  air  contamination;  as  between  particular  air  contamination
  sources; and as between particular areas of the state.
    3.  In  exercising  the  power conferred upon it by section 19-0301 to
  formulate, adopt and promulgate, and to  amend  and  repeal,  codes  and
  rules  and  regulations  for  preventing, controlling or prohibiting air
  pollution, the department shall give due recognition to  the  fact  that
  the  quantity  or characteristics of air contaminants or the duration of
  their presence in the atmosphere, which may cause air pollution  in  one
  area  of  the  state,  may cause less air pollution or not cause any air
  pollution in  another  area  of  the  state,  and  it  shall  take  into
  consideration  in this connection such factors, among others found by it
  to  be  proper  and  just,  as  existing  physical  conditions,   zoning
  classifications,   topography   and   prevailing   wind  directions  and
  velocities and also the fact that a code, rule  or  regulation  and  the
  degree of conformance therewith which may be proper as to an essentially
  residential area of the state may not be proper as to a highly developed
  industrial area of the state.
    4.  In  adopting  any  code,  rule  or  regulation  which  contains  a
  requirement that is more stringent than the Act  or  regulations  issued
  pursuant  to  the  Act  by  the  United  States environmental protection
  agency, the commissioner shall, in addition to the provisions of section
  two hundred two-a of the state administrative procedure act, include  in
  the regulatory impact statement:
    (a)  a  detailed  explanation  of  the  reason or reasons that justify
  exceeding federal minimum requirements, including:
    (i) satisfying any requirement of the Act as it relates  to  New  York
  state,   including  any  requirement  for  demonstrating  attainment  or
  maintenance of ambient  air  quality  standards  or  meeting  reasonable
  further progress pursuant to Title I of the Act;
    (ii)  preventing  an  assessment  or  imposition  of sanctions, or the
  imposition of a federal implementation plan, pursuant to the Act;
    (iii) complying with a final decree of a court; or
    (iv) protecting public health or the environment;
    (b) an evaluation of the cost-effectiveness of the proposed code, rule
  or regulation, in comparison with the cost-effectiveness  of  reasonably
  available alternatives; and
    (c)   a  review  of  the  reasonably  available  alternative  measures
  considered by the commissioner and an explanation  of  the  reasons  for
  rejecting such alternatives.
    Any  code,  rule or regulation to which this subdivision is applicable
  shall be subject to the approval of the environmental board pursuant  to
  subdivision 2 of section 5-0107 of this chapter.

5.  The state, through its representatives on the interstate transport
  commission established pursuant to  section  7506a  of  the  Act,  shall
  provide  for  public  review  of proposed recommendations for additional
  control measures and attainment strategies. Such public review  will  be
  effected  by  the  governor's designee causing a notice of such proposed
  recommendations to be published in the  Environmental  Notice  Bulletin.
  Such  public review may be conducted concurrently with any public review
  required pursuant to the Act.