N.Y. ENV Law § 19-0919

§ 19-0919. General powers.\n 1. Nothing in this title shall be construed to require or prohibit the\ndepartment from:\n a. extending compliance schedules, issuing variances or relaxing\nperformance standards at any specific facility or stationary source, so\nlong as such extension, issuance or relaxation does not result in:\n (i) violation of any primary federal ambient air quality standard or\nany state ambient air quality standard; or\n (ii) failure to make reasonable further progress in a non-attainment\narea pursuant to the federal clean air act; or\n (iii) failure to attain the interim control target pursuant to section\n19-0909 of this title; or\n (iv) failure to attain the final control target pursuant to section\n19-0911 of this title; or\n (v) violation of the nitrogen control program pursuant to section\n19-0913 of this title; or\n (vi) creation of a public or private nuisance.\n b. Continuing any special limitations until January first, nineteen\nhundred ninety-six or reauthorize any special limitation which has\nexpired after the effective date of this title and prior to January\nfirst, nineteen hundred eighty-six.\n c. Allowing any conversion or modification of a facility or stationary\nsource to burn coal as a boiler fuel.\n 2. Nothing in this title shall be construed to establish a statewide\ncap or limitation on acid deposition precursors such that new sources\nwould be excluded for the state.\n