§61.106. Applications to construct or modify.
40 C.F.R. § 61.106
In addition to any activity that is defined as construction under 40 CFR part 61, subpart A, any fabrication, erection or installation of a new building or structure within a facility is also defined as new construction for purposes of 40 CFR part 61, subpart A.
An application under § 61.07 does not need to be filed for any new construction of or modification within an existing facility if one of the following conditions is met:
The effective dose equivalent calculated by using methods described in § 61.103, that is caused by all emissions from the facility including those potentially emitted by the proposed new construction or modification, is less than 10% of the standard prescribed in § 61.102.
The effective dose equivalent calculated by using methods described in § 61.103, that is caused by all emissions from the new construction or modification, is less than 1% of the limit prescribed in § 61.102. A facility is eligible for this exemption only if the facility, based on its last annual report, is in compliance with this subpart.
Notes, amendments, and revision history
Source
Source: 54 FR 51697, Dec. 15, 1989, unless otherwise noted.
Authority
Authority: 42 U.S.C. 7401 et seq.
Source
Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.