§ 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 pollution
in such areas of the state as shall or may be affected by air pollution
and to include in any such codes, rules or regulations a general
provision for controlling air contamination including but not limited to
a requirement that permits to construct and certificates to operate be
obtained from the department, provided, however, that in exercising the
provisions of this subdivision the department shall conform with the
provisions of section 19-0303.

b. Include in any such codes and rules and regulations provisions
establishing areas of the state and prescribing for such areas (1) the
degree of air pollution or air contamination that may be permitted
therein, (2) the extent to which air contaminants may be emitted to the
air by any air contamination source, (3) standards for the composition
of fuels offered for sale or use of fuels or energy sources in any type
or class of air contamination source where the department finds that air
contaminants from such type or class or source will probably otherwise
be discharged in contravention of applicable emission standards or air
quality standards, and (4) requirements and standards for the approval
of plans or specifications for air cleaning installations.

c. Promulgate standards for crankcase ventilating systems and air
contaminant emission control systems, in accordance with the Vehicle and
Traffic Law.

d. Hold public hearings, conduct investigations, compel the attendance
of witnesses, receive such pertinent and relevant proof and do such
other things as it may deem to be necessary, proper or desirable in
order that it may effectively discharge its code, rule and regulation
making duties and responsibilities under this article.

e. Except as otherwise required by the Act or regulations promulgated
pursuant thereto by the administrator, formulate, adopt, and promulgate,
amend and repeal codes, rules and regulations establishing an operating
permit program in accordance with section 19-0311 of this title.

f. Delegate to the department of agriculture and markets the authority
to test fuels for conformance with applicable standards and to enforce
against violations of such standards.

2. It shall be the duty and responsibility of the department to:

a. Prepare and develop a general comprehensive plan for the control or
abatement of existing air pollution and for the control or prevention of
any new air pollution recognizing varying requirements for different
areas of the state.

b. Encourage voluntary cooperation by all persons in controlling air
pollution and air contamination, including but not limited to, educating
the public about the health and environmental impacts of idling
vehicles, such as air pollution from vehicle emissions, environmental
impacts of carbon dioxide emissions and health risks associated with
exposure to vehicle emissions. Such education shall, at a minimum,
include developing and distributing educational materials and posting
such information on the department's website.

c. Encourage the formulation and execution of plans by cooperative
groups or associations of counties, cities, towns and villages,
industries and others who severally or jointly are or may be the source
of air pollution, for the prevention and abatement of pollution.

d. Cooperate with the appropriate agencies of the United States or
other states or any interstate agencies or international agencies with
respect to the control of air pollution and air contamination, or for
the formulation for the submission to the legislature of interstate air
pollution control compacts or agreements.

e. Promulgate standards for the use of fuel or fuel additives for use
in motor vehicles or motor vehicle engines, taking due recognition of
federal standards and requirements.

3. a. The department is prohibited from adopting any rule, regulation
or standard which would require the use or sale of any type of
reformulated gasoline other than the federal reformulated gasoline that
is certified by the administrator pursuant to section 7545(k) of the Act
for sale and use in states other than California; provided, however,
that nothing in this subdivision shall be deemed to limit the authority
of the department to adopt a rule, regulation or standard for:

(1) fuel oxygen content or fuel volatility; or

(2) the composition of fuels necessary to implement section 7586 of
the Act; or

(3) the composition of fuels necessary to implement section 7507 of
the Act if such fuel standard is adopted and implemented regionally
pursuant to agreement with any three states sharing a boundary with New
York; or

(4) the composition of fuels if the commissioner finds that no other
measures would bring about timely attainment or maintenance of a
national primary or secondary ambient air quality standard for which New
York state must file a state implementation plan pursuant to the Act, or
that other existing and technically possible measures are unreasonably
costly or impracticable and the commissioner has included such measure
in the implementation plan pursuant to section 7410 of the Act.

b. No provision of this subdivision shall be deemed to authorize the
use of methyl tertiary butyl ether as an oxygenate in any motor fuel
imported into, or sold or offered for sale in this state.

4. 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 article seventy-eight of the civil
practice law and rules; provided however, the department may establish
by regulation a ninety day statute of limitations for review of final
permit actions by the commissioner pursuant to section 19-0311 of this
title, if required to maintain compliance with the Act.

5. The department shall certify emission reduction credits and
establish an emission reduction credit registry. Such registry shall
identify emission reduction credits, that are certified by, or used in,
New York state. Prior to certifying credits, the department shall
publish notice and provide the opportunity for public comment, pursuant
to article seventy of this chapter, on the proposed modification of a
source's permit to reflect that emission reductions will be certified as
emission reduction credits. The department shall provide information
regarding the availability of such certified emission reduction credits
to any person upon request. The department shall, to the extent
consistent with any rules or guidance related to emission offset
requirements published by the administrator, adopt rules and regulations
to provide for the use of mobile source emission reduction credits as a
means of satisfying emission offset requirements pursuant to section
7503(c) of the Act. Such rules and regulations shall include provision
for cooperating with the commissioner of motor vehicles pursuant to
paragraph one of subdivision (d) of section 301 of the vehicle and
traffic law.