Service Station Dealers of Greater New York, Inc. v. New York State Department of Environmental Conservation

— Mikoll, J.

Appeal from a judgment of the Supreme Court (Hughes, J.), entered May 16, 1988 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul 6 NYCRR part 230.

Pursuant to the Federal Clean Air Act (42 USC § 7401 et seq.), the Federal Environmental Protection Agency (hereinafter EPA) established National Ambient Air Quality Standards (hereinafter NAAQS) for air pollutants which may reasonably be anticipated to endanger public health or welfare (42 USC §§ 7408, 7409). One such pollutant is ozone (40 CFR 50.9). As a result of this,…