N.Y. Comp. Codes R. & Regs. tit. 6, § 231-1.3 – Prohibitions.

(a) No person will initiate construction of any air contamination source project to which this Subpart applies until the provisions of this Subpart have been met and a permit or permits to construct have been issued in accordance with Part 201 of this Title.
(b) The commissioner will not issue a permit to construct for any air contamination source project subject to this Subpart unless the applicant certifies that all major facilities located in New York State and under the applicant's ownership or control (or under the ownership or control of any entity which controls, is controlled by, or has common control with the applicant) are:
1. (1) in compliance with all applicable air pollution control regulations; or
2. (2) are meeting the terms of any administrative order or court decree.
(c) At such time that a particular facility becomes a major facility, or the annual actual emissions from an air contamination source project exceed the de minimis emission limits shown in section 231-1.9 of this Subpart, solely because of a relaxation in any enforceable limitation, established after August 9, 1984, on the capacity of the facility or air contamination source project to emit an air contaminant, the requirements of this Subpart will apply and an application for a permit to construct must be submitted to the department pursuant to Part 621—Uniform Procedures of this Title.