[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

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

[CITE: 40CFR61.15]



[Page 39-40]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec.  61.15  Modification.



    (a) Except as provided under paragraph (d) of this section, any 

physical or operational change to a stationary source which results in 

an increase in the rate of emission to the atmosphere of a hazardous 

pollutant to which a standard applies shall be considered a 

modification.

    (b) Upon modification, an existing source shall become a new source 

for each hazardous pollutant for which the rate of emission to the 

atmosphere increases and to which a standard applies.

    (c) Emission rate shall be expressed as kg/hr of any hazardous 

pollutant discharged into the atmosphere for which a standard is 

applicable. The Administrator shall use the following to determine the 

emission rate:

    (1) Emission factors as specified in the background information 

document (BID) for the applicable standard, or 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 use of emission 

factors demonstrates that the emission rate will clearly increase or 

clearly not increase as a result of the physical or operational change.

    (2) Material balances, monitoring data, or manual emission tests in 

cases where use of emission factors, as referenced in paragraph (c)(1) 

of this section, does not demonstrate to the Administrator's 

satisfaction that the



[[Page 40]]



emission rate will clearly increase or clearly not increase as a result 

of the physical or operational change, or where an interested person 

demonstrates to the Administrator's satisfaction that there are 

reasonable grounds to dispute the result obtained by the Administrator 

using emission factors. When the emission rate is based on results from 

manual emission tests or monitoring data, the procedures specified in 

appendix C of 40 CFR part 60 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. At least three test runs must be conducted before and at least 

three after the physical or operational change. If the Administrator 

approves, the results of the emission tests required in Sec.  61.13(a) 

may be used for the test runs to be conducted before the physical or 

operational change. All operating parameters which may affect emissions 

must be held constant to the maximum degree feasible for all test runs.

    (d) 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.

    (2) An increase in production rate of a stationary source, if that 

increase can be accomplished without a capital expenditure on the 

stationary source.

    (3) An increase in the hours of operation.

    (4) Any conversion to coal that meets the requirements specified in 

section 111(a)(8) of the Act.

    (5) The relocation or change in ownership of a stationary source. 

However, such activities must be reported in accordance with Sec.  

61.10(c).



[50 FR 46294, Nov. 7, 1985]