# 40 C.F.R. § 61.106 (2026): Applications to construct or modify

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_106

## Section

- **Citation:** 40 C.F.R. § 61.106 (2026)
- **Heading:** Applications to construct or modify
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 61 / Subpart I / § 61.106: § 61.106   Applications to construct or modify.

## Text

(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 is also defined as new construction for purposes of 40 CFR part 61, subpart A. (b) An application under § 61.07 does not need to be filed for any new construction of or modification within an existing facility if one of the following conditions is met: (1) The effective dose equivalent calculated by using methods described in § 61.103, that is caused by all emissions from the facility including those potentially emitted by the proposed new construction or modification, is less than 10% of the standard prescribed in § 61.102. (2) The effective dose equivalent calculated by using methods described in § 61.103, that is caused by all emissions from the new construction or modification, is less than 1% of the limit prescribed in § 61.102. A facility is eligible for this exemption only if the facility, based on its last annual report, is in compliance with this subpart.

## Nearby sections

- [40 C.F.R. § 61.100 (2026) § 61.100   Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_100.md)
- [40 C.F.R. § 61.101 (2026) § 61.101   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_101.md)
- [40 C.F.R. § 61.102 (2026) § 61.102   Standard.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_102.md)
- [40 C.F.R. § 61.103 (2026) § 61.103   Determining compliance.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_103.md)
- [40 C.F.R. § 61.104 (2026) § 61.104   Reporting requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_104.md)
- [40 C.F.R. § 61.105 (2026) § 61.105   Recordkeeping requirements.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_105.md)
- [40 C.F.R. § 61.106 (2026) § 61.106   Applications to construct or modify.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_106.md)
- [40 C.F.R. § 61.107 (2026) § 61.107   Emission determination.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_107.md)
- [40 C.F.R. § 61.108 (2026) § 61.108   Exemption from the reporting and testing requirements of 40 CFR 61.10.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_108.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P61_S61_106. Check the current official text before relying on it. Not legal advice.