N.Y. Comp. Codes R. & Regs. tit. 6, § 201-6.3
(2) The administrator may waive the requirements of paragraph (1) of this subdivision and paragraph (b)(1) of this section for any category of emission sources (including any class, type, or size within such category) other than major facilities according to the following:
(3) The department shall keep such records for five years and submit to the administrator such information as the administrator may reasonably require to ascertain whether the State program complies with the requirements of the act or of 40 CFR part 70.
(b) Review by affected states.
(3) Within five working days of receipt of a complete permit modification application, the department shall meet its obligation to notify the administrator and affected states of the requested permit modification. The department promptly shall send any required notice to the administrator.
(c) EPA objection.
(3) Failure of the department to do any of the following also shall constitute grounds for an objection:
(4) If the department fails to revise and submit a proposed permit in response to an objection within 90 days of the objection, the administrator may issue or deny the permit in accordance with the requirements of the Federal program promulgated under title V of the act.
(d) Public petitions to the administrator.
If the administrator does not object in writing under subdivision (c) of this section, any person may petition the administrator within 60 days after the expiration of the administrator's 45-day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the administrator objects to the permit as a result of a petition filed under this paragraph, the department shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. If the department has issued a permit prior to receipt of an EPA objection under this paragraph, the administrator will modify, terminate, or revoke such permit, and shall do so consistent with the procedures in section 201-6.6(e) of this Subpart, except in unusual circumstances, and the department may thereafter issue only a modified permit that satisfies EPA's objection. In any case, the facility owner or operator will not be in violation of the requirement to have submitted a timely and complete application.
(a) Transmission of information to the administrator.