Section 19-0913. Nitrogen deposition control program

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.