---
kind: "section"
citation: "40 C.F.R. § 61.106"
title: "40"
number: "61.106"
heading: "Applications to construct or modify."
url: "https://uscodex.org/cfr/40/61.106"
---

# §61.106. Applications to construct or modify.

- (a) In addition to any activity that is defined as construction under [40 CFR part 61](/cfr/40/part61.md), [subpart A](/cfr/40/subpartA.md), 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](/cfr/40/part61.md), subpart A.
- (b) An application under [§ 61.07](/cfr/40/61.07.md) 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:
  - (1) The effective dose equivalent calculated by using methods described in [§ 61.103](/cfr/40/61.103.md), 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](/cfr/40/61.102.md).
  - (2) The effective dose equivalent calculated by using methods described in [§ 61.103](/cfr/40/61.103.md), that is caused by all emissions from the new construction or modification, is less than 1% of the limit prescribed in [§ 61.102](/cfr/40/61.102.md). A facility is eligible for this exemption only if the facility, based on its last annual report, is in compliance with this subpart.

## Notes

### 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.