N.Y. Environmental Conservation Law § 19-0913

§ 19-0913. Nitrogen deposition control program.\n In the absence of a controlling federal statute or program which the\ncommissioner determines is consistent with the purpose and intent of\nthis title, the department shall promulgate, no later that January\nfirst, nineteen hundred eighty-seven, rules and regulations for the\ncontrol of emissions of oxides of nitrogen from any new facility or new\nstationary source. Such rules and regulations shall provide for the use\nof new source performance standards at the time such facility or\nstationary source is constructed.\n