Notwithstanding the provisions of sections 428.12 and 428.13 of this Part, if an APO learns that any activity in an exempt category, or in a series of undertakings for which standards have been agreed upon, shall have a result different from the result contemplated in designating the category or establishing the standards, the agency shall review the activity as a separate undertaking pursuant to the provisions of sections 428.4 through 428.10 of this Part.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 428.14