2010 New York Code
ENV - Environmental Conservation
Article 19 - AIR POLLUTION CONTROL
Title 9 - (19-0901 - 19-0923) STATE ACID DEPOSITION CONTROL ACT
19-0907 - Sulfur deposition control program.

§ 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 and dry sulfate deposition at each of these
  sensitive receptor areas, including:
    (i) total sulfate deposition from all sources; and
    (ii) total sulfate deposition from instate sources; and
    (iii)  the  ratio  of total sulfate deposition from instate sources to
  total sulfate deposition from all sources.
    c. Identify and publish a preliminary list of environmental  threshold
  values for each sensitive receptor area.
    d.  Identify  and  publish  a  preliminary  list  or  inventory of all
  facilities and  stationary  sources  in  the  state  which  emit  sulfur
  dioxide.
    e.  Prepare  such supporting documentation as the department considers
  appropriate.
    2. a. Before publishing any preliminary list  or  report  pursuant  to
  subdivision  one  of this section, the department shall conduct a review
  of all appropriate existing acid deposition reports and data as prepared
  by the department, other  agencies  of  the  state,  agencies  of  other
  states,  agencies  of  the  federal  government  or  agencies of foreign
  governments.  The  department  shall  further  review  appropriate  acid
  deposition  reports,  data,  documents,  studies, surveys or analyses as
  currently exist in the scientific literature.
    b. The department shall set forth in writing its  presuppositions  and
  assumptions,  mathematical  modeling techniques, sampling methodologies,
  and analytical protocols, based upon existing scientific knowledge, that
  are utilized to derive the preliminary lists  and  reports  required  by
  this section.
    3.  Based on the activities listed in subdivisions one and two of this
  section, the department shall  formulate  a  preliminary  final  control
  target  for  each  sensitive receptor area, and shall develop a strategy
  identifying any emissions reductions  for  the  various  facilities  and
  stationary  sources  in  the  state  that  will  be required to meet the
  deposition control targets. These targets and strategies, together  with
  the  lists,  reports  and  supporting  documentation  described  in this
  section, and together with an analysis of the  economic  impact  of  the
  implementation  of  such  targets  and  strategies,  shall  constitute a
  preliminary sulfur deposition control program.
    4. a. No later than March first,  nineteen  hundred  eighty-five,  the
  department  shall  conduct  public hearings in at least three geographic
  locations of the state for the purpose  of  soliciting  information  and
  comments  from  the  public on the preliminary sulfur deposition control
  program.  Any  such  public  hearings  shall  comply  with  the   notice
  provisions  and  other  procedures in title three and title five of this
  article.
    b. No later than May first, nineteen hundred  eighty-five,  and  after
  due  consideration of the hearing record, independent scientific review,
  if any, and  the  considerations  listed  in  section  19-0303  of  this
  article,  the  department  shall  publish  the sulfur deposition control
  program, hereinafter referred  to  as  the  "program".  In  addition  to
  publishing  the  program,  the  department  shall  submit copies of such
  program to the governor, the temporary  president  of  the  senate,  the
  speaker  of  the assembly, the chairman of the senate standing committee
  on environmental conservation and recreation, and the  chairman  of  the
  assembly standing committee on environmental conservation.

c.  The  program shall be subject to review pursuant to the procedures
  in title five of this article.
    5.  The  department shall promulgate such rules and regulations as are
  necessary to effectuate the provisions of this section.
    6. The department shall  publish  all  preliminary  and  final  lists,
  reports,  targets  and  programs  required  by this section in the state
  register and in the environmental notice bulletin.