N.Y. Comp. Codes R. & Regs. tit. 6, § 242-8.6 – Petitions.

(a) Except as provided in subdivision (c) of this section, the CO₂ authorized account representative of a CO₂ budget unit that is subject to an acid rain emissions limitation may submit a petition under to the administrator under 40 CFR 75.66 (see table 1, section 200.9 of this Title) and to the department requesting approval to apply an alternative to any requirement of 40 CFR part 75 (see table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR part 75 (see table 1, section 200.9 of this Title) is in accordance with this Subpart only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department.
1. (1) The CO₂ authorized account representative of a CO₂ budget unit that is not subject to an acid rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 (see table 1, section 200.9 of this Title) and to the department requesting approval to apply an alternative to any requirement of 40 CFR part 75 (see table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR part 75 (see table 1, section 200.9 of this Title) is in accordance with this Subpart only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department.
2. (2) In the event that the administrator declines to review a petition under this Subpart, the CO₂ authorized account representative of a CO₂ budget unit that is not subject to an acid rain emissions limitation may submit a petition to the department requesting approval to apply an alternative to any requirement of this Subpart. That petition shall contain all of the relevant information specified in 40 CFR 75.66 (see table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR 75.66 (see table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR part 75 (see table 1, section 200.9 of this Title) is in accordance with this Subpart only to the extent that the petition is approved in writing by the department.
(b) Petitions for a CO₂ budget unit that is not subject to an acid rain emissions limitation.
(c) The CO₂ authorized account representative of a CO₂ budget unit that is subject to an acid rain emissions limitation may submit a petition under 40 CFR 75.66 (see table 1, section 200.9 of this Title) to the administrator requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 (see table 1, section 200.9 of this Title) or a CO₂ concentration CEMS used under 40 CFR 75.71(a)(2) (see table 1, section 200.9 of this Title). Application of an alternative to any requirement of this Subpart is in accordance with this Subpart only to the extent the petition is approved in writing by both the department and the administrator.