(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:
(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]
Title 40 published on 2012-07-01
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