N.Y. Comp. Codes R. & Regs. tit. 6, § 209.5
(a) The owner or operator of any process subject to the provisions of this Part for which an application for a permit to construct is received by the commissioner after October 23, 1974, must:
(b) The owner or operator of any process subject to the provisions of this Part for which an application for a permit to construct was received by the commissioner before October 24, 1974, must: