[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.14]



[Page 70-72]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec. 60.14  Modification.



    (a) Except as provided under paragraphs (e) and (f) of this section, 

any physical or operational change to an existing facility which results 

in an increase in the emission rate to the atmosphere of any pollutant 

to which a standard applies shall be considered a modification within 

the meaning of section 111 of the Act. Upon modification, an existing 

facility shall become an affected facility for each pollutant to which a 

standard applies and for which there is an increase in the emission rate 

to the atmosphere.

    (b) Emission rate shall be expressed as kg/hr of any pollutant 

discharged into the atmosphere for which a standard is applicable. The 

Administrator shall use the following to determine emission rate:

    (1) Emission factors as specified in the latest issue of 

``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 

AP-42, or other emission factors determined by the Administrator to be 

superior to AP-42 emission factors, in cases where utilization of 

emission factors demonstrates that the emission level resulting from the 

physical or operational change will either clearly increase or clearly 

not increase.

    (2) Material balances, continuous monitor data, or manual emission 

tests in cases where utilization of emission factors as referenced in 

paragraph (b)(1) of this section does not demonstrate to the 

Administrator's satisfaction whether the emission level resulting from 

the physical or operational change will either clearly increase or 

clearly not increase, or where an owner or operator demonstrates to the 

Administrator's satisfaction that there are reasonable grounds to 

dispute the result obtained by the Administrator utilizing emission 

factors as referenced in paragraph (b)(1) of this section. When the 

emission rate is based on results from manual emission tests or 

continuous monitoring systems, the procedures specified in appendix C of 

this part shall be used to determine whether an increase in emission 

rate has occurred. Tests shall be conducted under such conditions as the 

Administrator shall specify to the owner or operator based on 

representative performance of the facility. At least three valid test 

runs must be conducted before and at least three after the physical or 

operational change. All operating parameters which may affect emissions 

must be held constant to the



[[Page 71]]



maximum feasible degree for all test runs.

    (c) The addition of an affected facility to a stationary source as 

an expansion to that source or as a replacement for an existing facility 

shall not by itself bring within the applicability of this part any 

other facility within that source.

    (d) [Reserved]

    (e) The following shall not, by themselves, be considered 

modifications under this part:

    (1) Maintenance, repair, and replacement which the Administrator 

determines to be routine for a source category, subject to the 

provisions of paragraph (c) of this section and Sec. 60.15.

    (2) An increase in production rate of an existing facility, if that 

increase can be accomplished without a capital expenditure on that 

facility.

    (3) An increase in the hours of operation.

    (4) Use of an alternative fuel or raw material if, prior to the date 

any standard under this part becomes applicable to that source type, as 

provided by Sec. 60.1, the existing facility was designed to 

accommodate that alternative use. A facility shall be considered to be 

designed to accommodate an alternative fuel or raw material if that use 

could be accomplished under the facility's construction specifications 

as amended prior to the change. Conversion to coal required for energy 

considerations, as specified in section 111(a)(8) of the Act, shall not 

be considered a modification.

    (5) The addition or use of any system or device whose primary 

function is the reduction of air pollutants, except when an emission 

control system is removed or is replaced by a system which the 

Administrator determines to be less environmentally beneficial.

    (6) The relocation or change in ownership of an existing facility.

    (f) Special provisions set forth under an applicable subpart of this 

part shall supersede any conflicting provisions of this section.

    (g) Within 180 days of the completion of any physical or operational 

change subject to the control measures specified in paragraph (a) of 

this section, compliance with all applicable standards must be achieved.

    (h) No physical change, or change in the method of operation, at an 

existing electric utility steam generating unit shall be treated as a 

modification for the purposes of this section provided that such change 

does not increase the maximum hourly emissions of any pollutant 

regulated under this section above the maximum hourly emissions 

achievable at that unit during the 5 years prior to the change.

    (i) Repowering projects that are awarded funding from the Department 

of Energy as permanent clean coal technology demonstration projects (or 

similar projects funded by EPA) are exempt from the requirements of this 

section provided that such change does not increase the maximum hourly 

emissions of any pollutant regulated under this section above the 

maximum hourly emissions achievable at that unit during the five years 

prior to the change.

    (j)(1) Repowering projects that qualify for an extension under 

section 409(b) of the Clean Air Act are exempt from the requirements of 

this section, provided that such change does not increase the actual 

hourly emissions of any pollutant regulated under this section above the 

actual hourly emissions achievable at that unit during the 5 years prior 

to the change.

    (2) This exemption shall not apply to any new unit that:

    (i) Is designated as a replacement for an existing unit;

    (ii) Qualifies under section 409(b) of the Clean Air Act for an 

extension of an emission limitation compliance date under section 405 of 

the Clean Air Act; and

    (iii) Is located at a different site than the existing unit.

    (k) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project is exempt from the 

requirements of this section. A temporary clean coal control technology 

demonstration project, for the purposes of this section is a clean coal 

technology demonstration project that is operated for a period of 5 

years or less, and which complies with the State implementation plan for 

the State in which the project



[[Page 72]]



is located and other requirements necessary to attain and maintain the 

national ambient air quality standards during the project and after it 

is terminated.

    (l) The reactivation of a very clean coal-fired electric utility 

steam generating unit is exempt from the requirements of this section.



[40 FR 58419, Dec. 16, 1975, as amended at 43 FR 34347, Aug. 3, 1978; 45 

FR 5617, Jan. 23, 1980; 57 FR 32339, July 21, 1992; 65 FR 61750, Oct. 

17, 2000]