N.Y. Comp. Codes R. & Regs. tit. 6, § 383-1.5
(a) Unless otherwise precluded by law, the department may, upon written application from any person who is subject to this Part, grant a variance from one or more provisions of this Part except the performance objectives under the conditions set forth in this Subpart. An application for a variance must:
(4) demonstrate to the satisfaction of the department that the requested variance would: