N.Y. Comp. Codes R. & Regs. tit. 6 § 201-1.16

Current through Register Vol. 46, No. 25, June 18, 2024

Section 201-1.16 - Research and development activities

(a) The owner or operator of a facility conducting one or more research and development activities is not required to obtain or modify a permit or registration for those activities, as otherwise required by this part, if the following conditions are met:

(1) The research and development activities do not produce commercial quantities of materials or products for sale;

(2) The research and development activities are exhausted to an appropriate control device;

(3) The facility owner or operator maintains a record of each research and development activity conducted at the facility, including:

(i) The quantity of each material used on a monthly basis;

(ii) The material safety data sheet for each material used;

(iii) 12-month rolling total emissions calculations for each air contaminant emitted to the outdoor atmosphere; and

(4) Total emissions from research and development activities do not exceed, or cause an existing permitted or registered facility to exceed, any of the following threshold levels:

(i) The major facility thresholds described in Paragraph 201-2.1(b)(21) of this Part;

(ii) An emissions cap established pursuant to Subpart 201-4 or 201-7 of this Part; or

(iii) The significant project thresholds as described in Part 231 of this Title at an existing major facility.

(b) Records kept pursuant to Paragraph 201-1.16(a)(3) of this Section must be maintained at the facility for a period of at least five years and must be made available to the Department upon request.

(c) The Department may require the owner or operator of a facility conducting research and development activities to obtain an air permit or registration for those activities if it determines that the activities do not or cannot meet the requirements of this Section or any other requirements of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 201-1.16

Adopted New York State Register February 10, 2021/Volume XLIII, Issue 06, eff. 2/24/2021