[Title 40 CFR 60.15]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart A - General Provisions]
[Sec. 60.15 - Reconstruction.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.15Sec. 60.15PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--General Provisions
Sec. 60.15  Reconstruction.

    (a) An existing facility, upon reconstruction, becomes an affected 
facility, irrespective of any change in emission rate.
    (b) ``Reconstruction'' means the replacement of components of an 
existing facility to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable entirely new facility, and
    (2) It is technologically and economically feasible to meet the 
applicable standards set forth in this part.
    (c) ``Fixed capital cost'' means the capital needed to provide all 
the depreciable components.
    (d) If an owner or operator of an existing facility proposes to 
replace components, and the fixed capital cost of the new components 
exceeds 50 percent of the fixed capital cost that would be required to 
construct a comparable entirely new facility, he shall notify the 
Administrator of the proposed replacements. The notice must be 
postmarked 60 days (or as soon as practicable) before construction of 
the replacements is commenced and must include the following 
information:

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    (1) Name and address of the owner or operator.
    (2) The location of the existing facility.
    (3) A brief description of the existing facility and the components 
which are to be replaced.
    (4) A description of the existing air pollution control equipment 
and the proposed air pollution control equipment.
    (5) An estimate of the fixed capital cost of the replacements and of 
constructing a comparable entirely new facility.
    (6) The estimated life of the existing facility after the 
replacements.
    (7) A discussion of any economic or technical limitations the 
facility may have in complying with the applicable standards of 
performance after the proposed replacements.
    (e) The Administrator will determine, within 30 days of the receipt 
of the notice required by paragraph (d) of this section and any 
additional information he may reasonably require, whether the proposed 
replacement constitutes reconstruction.
    (f) The Administrator's determination under paragraph (e) shall be 
based on:
    (1) The fixed capital cost of the replacements in comparison to the 
fixed capital cost that would be required to construct a comparable 
entirely new facility;
    (2) The estimated life of the facility after the replacements 
compared to the life of a comparable entirely new facility;
    (3) The extent to which the components being replaced cause or 
contribute to the emissions from the facility; and
    (4) Any economic or technical limitations on compliance with 
applicable standards of performance which are inherent in the proposed 
replacements.
    (g) Individual subparts of this part may include specific provisions 
which refine and delimit the concept of reconstruction set forth in this 
section.

[40 FR 58420, Dec. 16, 1975]