requirement.

Regulated Medical Waste (based on the Puerto Rico Medical Waste Regulation) A regulated medical waste is any solid waste generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, that is not excluded or exempted. The characteristics and types of activities are described in Appendix F of this regulation. Regulated NSR pollutant (1) For stationary sources located in a non-attainment area for a given regulated air pollutant: (a) Nitrogen oxides or any VOCs. (b) Any pollutant for which a national ambient air quality standard has been promulgated. (c) Any pollutant that is identified under this paragraph as a constituent or precursor of a general pollutant listed under paragraph (1)(a) or (1)(b) of this definition, provided that such constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors identified by the DNER for purposes of new source review are the following: (i) VOCs and nitrogen oxides are precursors to ozone in all ozone non-attainment areas. (ii) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 non-attainment areas. (iii) Nitrogen oxides are a precursor to PM2.5 in all PM2.5 non-attainment areas. (d) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. After January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in non-attainment new source review permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of a permit or the Puerto Rico state implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this chapter unless the Puerto Rico state implementation plan required condensable particulate matter to be included. Page 39 (2) For stationary sources located in an attainment area for a given regulated air pollutant, the following: (a) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, any of the following: (i) PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. After January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included. (ii) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified for purposes of new source review are the following: (a) VOCs and nitrogen oxides are precursors to ozone in all ozone attainment and unclassifiable areas. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. (c) Nitrogen oxides are a precursor to PM2.5 in all attainment and unclassifiable areas. (d) VOCs are presumed not to be precursors to PM2.5 in all attainment and unclassifiable areas, unless Puerto Rico demonstrates to the administrator's satisfaction, or the United States Environmental Protection Agency demonstrates that emissions of VOCs from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations. (b) Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act. (c) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act. (d) Any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all HAPs either listed in Section 112 of the Clean Air Act or added to the list pursuant to Section 112(b)(2) of the Clean Air Act, which have not been delisted pursuant to Section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed HAP is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Clean Air Act. Page 40 Replacement unit Means an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. (2) The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) The replacement does not alter the basic design parameters of the process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, the emissions unit shall constitute a new emissions unit. Removal Means the taking out or stripping of asbestos or material containing asbestos. Renewal means the process by which a permit is reissued at the end of its term. Renovation Means the modifying of any existing structure or portion thereof where exposure to airborne asbestos may result. Requirements established by the DNER Methods, guidelines, procedures, parameters, limitations, criteria and any other applicable requirement that the DNER, after complying with all applicable rules and regulations, deems necessary to protect the environment, safety and human health. Resource Recovery Facility Any facility at which solid waste is processed for the purpose of extracting, converting to energy or otherwise separating and preparing solid waste for reuse or utilizing the solid wastes to provide more than 50% of the heat input. Page 41 Responsible official Means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales lb* or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the DNER. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA). Retirement When used in reference to an emission unit (where "emission unit" includes a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device), retirement shall mean to permanently shut down an emission unit such that the unit cannot physically or legally combust fuel, and to comply with applicable Commonwealth and federal requirements for permanently ceasing operation of the emission unit, including removing the unit from Puerto Rico's air emissions inventory, and withdrawing and/or amending all applicable permits so as to reflect the permanent shut-down status of such emission unit. Reviewing authority The State air pollution control agency, local agency, other State agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under this section and 40 CFR $51.166, or the Administrator in the case of EPA-implemented permit programs under 40 CFR $52.21. Page 42 Rubbish Solids not considered to be highly flammable or explosive (such as rags, old clothes, leather, leather, rubber, carpets, wood excelsior, paper, ashes, leaves, tree branches, yard trimmings, furniture, incinerator residue, street sweepings, tin cans, glass crockery, masonry, and other similar materials). Salvage Operation Any operation or activity from which is reclaimed any product or material, such as metals, chemicals, shipping containers or drums. San Juan Area SO₂ Non-Attainment Area Means the entire municipality of Cataño and partial municipalities of San Juan, Guaynabo, Bayamón and the Palo Seco and Sabana Seca Wards of the municipality of Toa Baja as defined in the Puerto Rico Non-Attainment State Implementation Plan Sulfur Dioxide National Air Quality Standard. Secondary Emissions Means emissions that occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Rule, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or major modification that causes the secondary emissions. Secondary emissions include emissions from any off-site support operation that would not be constructed or increase their emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train or from a vessel. Secretary Secretary of the Department of Natural and Environmental Resources