[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.15]

[Page 38]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of 
 
                      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 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]