§ 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 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.

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.