Any new or modified pilot plant is permitted by rule, provided the
following conditions of this section are met.
(1) For purposes of this section, a pilot plant is defined
as a facility that is constructed and operated only for one of the following
(A) testing the manufacturing or marketing potential of a proposed
(B) defining the design of a larger plant; or
(C) studying the behavior of an existing plant through modeling
in the pilot plant.
(2) The sum of product, co-product, and by-product
production design capacity from the pilot plant shall not exceed five million
pounds per year.
(3) Operation of the pilot plant for purposes of testing
market potential of a product, co-product, or by- product may not occur beyond
the end of the fifth calendar year from the year of initial production (year
1) of the specific product, co-product, or by-product, unless a permit is
obtained under §116.110 of this title (relating to Applicability). This
five-year limit on pilot plant activity applies to equipment devoted to development
of one specific product or process; therefore, that equipment can be subsequently
used for development of other process(es) or product(s), setting a new time
limit for its use.
(4) The pilot plant shall be located at least 500 feet
from any recreational area or residence or other structure not occupied or
used solely by the owner of the facility or the owner of the property upon
which the facility is located.
(5) New or increased emissions shall not exceed 6.0 pounds
per hour (lb/hr) and ten tons per year in total (including fugitives) and
shall not exceed 1.0 lb/hr at any single stack (excluding fugitives). In addition,
total new or increased emissions of each specific chemical shall not exceed
the most stringent applicable requirement of the following:
(A) the chemical-specific emission limits determined by §106.262(3)
of this title (relating to Facilities (Emission and Distance Limitations));
(B) the chemical-specific emission limits determined by §106.261(4)
of this title (relating to Facilities (Emission Limitations)); or
(C) 6.0 lb/hr for any simple asphyxiant as defined by the American
Conference of Governmental Industrial Hygienists.