N.Y. Comp. Codes R. & Regs. tit. 6, § 645-5.9
(a) A permittee may apply to the commission for renewal or modification of a permit. Such application shall:
(b) The commission may determine that any application for renewal or modification shall be treated as a new application for a permit if:
(3) an opportunity for public comment and/or hearing is required by law or is deemed necessary by the commission.
In such cases, the commission shall mail to the applicant notice of such determination and process the application as a new application.