N.Y. Comp. Codes R. & Regs. tit. 6, § 201-5.1 – Applicability.

(a) Except when required to obtain a title V facility permit pursuant to Subpart 201-6 of this Part, owners or operators of facilities with emission sources that are not exempt or trivial pursuant to Subpart 201-3 of this Part are subject to the requirements of this Subpart if:
1. (1) the facility’s potential to emit is being capped pursuant to section 201-7.1 of this Part to avoid the requirement to obtain a title V permit or other applicable requirement;
2. (2) the facility is subject to any department approved variance from the requirements of this Chapter;
3. (3) the facility has annual actual emissions of one or more high toxicity air contaminants greater than or equal to the thresholds listed in table 1 of Subpart 201-9 of this Part. The facility’s annual actual emissions of high toxicity air contaminants do not include emissions from stationary or portable combustion installations or activities considered to be exempt or trivial, as described in Subpart 201-3 of this Part; or
4. (4) the facility has annual actual emissions of any regulated air contaminant in excess of the thresholds listed in section 201-4.5(a) of this Part.
(b) Where the activity requiring a State facility permit is associated with the construction of a new facility or emission source, or modification of an existing facility or emission source, the owner or operator of the facility or emission source may not commence construction or modification until a new or modified State facility permit is issued by the department.
(c) Notwithstanding the requirements of subdivision (a) of this section, the owner or operator of a facility subject to the requirements of this Subpart may apply for a minor facility registration, as described in Subpart 201-4 of this Part, if permitted to do so by another applicable regulation under this Chapter.