(1) SSI units in your state that commenced construction on or before October 14, 2010.
(2) SSI units that meet the definition of a SSI unit as defined in § 60.5250.
(3) SSI units not exempt under § 60.5065.
(b) If the owner or operator of a SSI unit makes changes that meet the definition of modification after September 21, 2011, the SSI unit becomes subject to subpart LLLL of this part and the state plan no longer applies to that unit.
(c) If the owner or operator of a SSI unit makes physical or operational changes to a SSI unit for which construction commenced on or before September 21, 2011 primarily to comply with your state plan, subpart LLLL of this part does not apply to that unit. Such changes do not qualify as modifications under subpart LLLL of this part.