[Code of Federal Regulations] [Title 40, Volume 8] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR61.96] [Page 72-73] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS --Table of Contents Subpart H_National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities Sec. 61.96 Applications to construct or modify. (a) 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 that emits radionuclides is also defined as new construction for purposes of 40 CFR part 61, subpart A. (b) An application for approval under Sec. 61.07 or notification of startup under Sec. 61.09 does not need to be filed for any new construction of or modification [[Page 73]] within an existing facility if the effective dose equivalent, caused by all emissions from the new construction or modification, is less than 1% of the standard prescribed in Sec. 61.92. For purposes of this paragraph the effective dose equivalent shall be calculated using the source term derived using appendix D as input to the dispersion and other computer models described in Sec. 61.93. DOE may, with prior approval from EPA, use another procedure for estimating the source term for use in this paragraph. A facility is eligible for this exemption only if, based on its last annual report, the facility is in compliance with this subpart. (c) Conditions to approvals granted under Sec. 61.08 will not contain requirements for post approval reporting on operating conditions beyond those specified in Sec. 61.94.