* 1. The department, after public hearing, shall adopt rules and regulations to assure the efficient and expeditious administration of this article. Such rules and regulations shall include but not be limited to provisions regarding notice, review, public participation and public hearings. * NB Effective until June 28, 2023 * 1. The department, after public hearing, shall adopt rules and regulations to assure the efficient and expeditious administration of this article. Such rules and regulations shall include but not be limited to provisions regarding notice, review, public participation and public hearings. Such rules and regulations shall also include the form and content of an existing burden report which shall, at a minimum, include baseline monitoring data collected in the affected disadvantaged community within two years of the application for a permit or approval and shall identify: (a) each existing pollution source or categories of sources affecting a disadvantaged community and the potential routes of human exposure to pollution from that source or categories of sources; (b) ambient concentration of regulated air pollutants and regulated or unregulated toxic air pollutants; (c) traffic volume; (d) noise and odor levels; (e) exposure or potential exposure to lead paint; (f) exposure or potential exposure to contaminated drinking water supplies; (g) proximity to solid or hazardous waste management facilities, wastewater treatment plants, hazardous waste sites, incinerators, recycling facilities, waste transfer facilities and petroleum or chemical manufacturing, storage, treatment or disposal facilities; (h) the potential or documented cumulative human health effects of the foregoing pollution sources; (i) the potential or projected contribution of the proposed action to existing pollution burdens in the community and potential health effects of such contribution, taking into account existing pollution burdens. * NB Effective June 28, 2023

1. 2. Notwithstanding any inconsistent provisions of this chapter or any rule or regulation of the department, the procedures provided in this article and in rules and regulations adopted by the department pursuant to subdivision one of this section shall govern the review by the department of applications for permits for proposed projects and modifications, suspensions, revocations, renewals, reissuances and recertifications of permits under the regulatory programs of the department specified in subdivision three of this section. Such procedures shall also apply to any government entity to which the commissioner has delegated powers to administer such programs pursuant to section 3-0301 of this chapter, to the extent specified in such delegation.

2. 3. The following regulatory programs of this chapter shall be subject to the procedures provided in this article:

   1. (a) protection of waters (title five of article fifteen);
   2. (b) water supply and water transport (title fifteen of article fifteen);
   3. (c) wild, scenic and recreational rivers system (title twenty-seven of article fifteen), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in section eight hundred nine of the executive law;
   4. (d) certifications under section 401 of the federal water pollution control act amendments of 1972 (public law 92-500) pursuant to article three of this chapter;
   5. (e) state pollutant discharge elimination system (title eight of article seventeen);
   6. (f) realty subdivisions: sewerage service (title fifteen of article seventeen);
   7. (g) air pollution control (article nineteen);
   8. (h) liquefied natural and petroleum gas (title seventeen of article twenty-three);
   9. (i) mined land reclamation (title twenty-seven of article twenty-three);
   10. (j) freshwater wetlands (article twenty-four), except for that part of article twenty-four administered by the Adirondack park agency, which shall be subject to the procedures provided in section eight hundred nine of the executive law;
   11. (k) tidal wetlands (article twenty-five);
   12. (l) collection, treatment and disposal of refuse and other solid waste (article twenty-seven); and
   13. (m) coastal erosion hazard areas (article thirty-four).