Modification means any physical or operational change at a source that would cause an increase in the allowable emissions of a minor source or an increase in the actual emissions (based on the applicable test under the major NSR program) of a major source for any regulated NSR pollutant or that would cause the emission of any regulated NSR pollutant not previously emitted. Allowable emissions of a minor source include fugitive emissions, to the extent that they are quantifiable, only if the source belongs to one of the source categories listed in part 51, Appendix S, paragraph II.A.4 or 52.21(b)(1)(iii) of this chapter, as applicable. The following exemptions apply:
(1) A physical or operational change does not include routine maintenance, repair or replacement.
(2) An increase in the hours of operation or in the production rate is not considered an operational change unless such change is prohibited under any permit condition that is enforceable as a practical matter.
(3) A change in ownership at a stationary source.
(4) The emissions units and activities listed in ยง 49.153(c).


40 CFR § 49.152

Scoping language

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