In the absence of a controlling federal statute or program which the commissioner determines is consistent with the purpose and intent of this title, the department shall promulgate, no later that January first, nineteen hundred eighty-seven, rules and regulations for the control of emissions of oxides of nitrogen from any new facility or new stationary source. Such rules and regulations shall provide for the use of new source performance standards at the time such facility or stationary source is constructed.
New York Legal Code