2006 New York Code - General Powers.

 
  § 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, issuance or relaxation does not result in:
    (i)  violation  of any primary federal ambient air quality standard or
  any state ambient air quality standard; or
    (ii) failure to make reasonable further progress in  a  non-attainment
  area pursuant to the federal clean air act; or
    (iii) failure to attain the interim control target pursuant to section
  19-0909 of this title; or
    (iv)  failure  to  attain the final control target pursuant to section
  19-0911 of this title; or
    (v) violation of the nitrogen  control  program  pursuant  to  section
  19-0913 of this title; or
    (vi) creation of a public or private nuisance.
    b.  Continuing  any  special limitations until January first, nineteen
  hundred ninety-six or  reauthorize  any  special  limitation  which  has
  expired  after  the  effective  date  of this title and prior to January
  first, nineteen hundred eighty-six.
    c. Allowing any conversion or modification of a facility or stationary
  source to burn coal as a boiler fuel.
    2. Nothing in this title shall be construed to establish  a  statewide
  cap  or  limitation  on acid deposition precursors such that new sources
  would be excluded for the state.