[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.