of the Act;

(8) Any standard or other requirement for tank vessels under Section 183(f) of the Act; (9) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the Act; (10) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit. Asbestos Means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonitegrunerite, anthophyllite, and actinolite-tremolite. Asbestos-containing material (ACM) Means any material or product which contains more than 1 percent of asbestos (by volume). Page 7 Asbestos Inspector A person accredited by an asbestos-training school and registered in the DNER; the one that determines the presence of asbestos in a building. Must evaluate the asbestoscontaining material and building characteristics. Asbestos Planner A person accredited by an asbestos-training school and registered in the DNER; the one that determines the presence of asbestos in a building, who uses the inspector information to prepare an Asbestos Management Plan for schools. Asphaltic Concrete Batching Plant Any facility used to manufacture asphalt concrete by heating and drying the aggregate and mixing it with asphaltic cements, comprised only of any combination of the following: dryer systems for screening, handling, storing and weighing hot aggregates; systems for loading, transferring and storing filler minerals; systems for mixing asphalt concrete; and the loading transfer, and storage systems associated with emission control systems Baseline actual emissions The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined below: (1) For any existing electric utility steam generating unit, baseline actual emissions mean the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the NSR project. The DNER shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive twenty-four-month period. (c) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twentyfour -month period can be used for each regulated NSR pollutant. (d) The average rate shall not be based on any consecutive twenty-four -month period for which there is inadequate information for determining annual emissions, in tons per Page | 8 year, and for adjusting this amount if required by paragraph (1)(b) of this definition. (2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive twenty-four -month period selected by the owner or operator within the ten-year period immediately preceding either the date the owner or operator begins actual construction of the NSR project, or the date a complete permit application is received by the DNER for a permit required either under this Rule or under a plan approved by the Administrator, whichever is earlier, except that the ten-year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive twenty-four-month period. (c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive twenty-four-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with Rule 210B of the RCAP. (d) For a regulated NSR pollutant, when a NSR project involves multiple emissions units, only one consecutive twenty-four-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive twentyfour-month period can be used for each regulated NSR pollutant. (e) The average rate shall not be based on any consecutive twenty-four-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (2)(b) and (2)(c) of this definition. (3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero if the operation of the new emissions unit has not yet begun or shall equal the unit's potential to emit if the operation of the new emissions unit has not begun. (4) For a Plant Applicability Limitation for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (1) of this definition, for other existing emissions units in accordance with the procedures contained in paragraph (2) of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (3) of this definition. Page 9 Baseline Emissions The total emission from existing sources or facilities allowed under the applicable rules and regulations, prior to the application for location approval of a new major source or major modification. Begin actual construction Means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. Best Available Control Technology (BACT) Means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the reviewing authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be approved by the reviewing authority instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. Best available technology Means any combination of work practices, raw material specifications, throughput limitations, source design characteristics, an evaluation of the annualized cost per ton of air pollutant removed, and air pollution control devices that have been previously demonstrated to the reviewing authority of environmental protection to operate Page 10 satisfactorily in this state or other states with similar air quality on substantially similar air pollution sources. Blending of Fuels The mixing or combination of different fuels at the source premises to produce a fuel of new characteristics for use in fuel burning equipment. Building, structure, facility, or installation All of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0065 and 003-005- 00176-0, respectively). Burning of Multiple Fuels The simultaneous use of different grades of liquid fuels or the simultaneous use of liquid, gaseous and solid fuels, or any combination thereof, inside the combustion chamber of any fuel burning equipment. Burning or Incineration The complete or incomplete combustion of any material. Chronic Adverse Effects Those adverse effects that are developed after multiple/ repeated exposure occurring over an extended period of time, or a significant fraction of the animal's or the individual's lifetime. Clean coal technology Any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. Page 11 Clean coal technology demonstration project A project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project. Commence As applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has: (A) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or (B) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. Commonwealth Refers to the island of Puerto Rico. Complete In reference to an application for a permit, means that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the DNER from requesting or accepting any additional information. Continuous emissions rate monitoring system (CERMS) The total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). Continuous parameter monitoring system (CPMS) All of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information Page 12 (for example, gas flow rate, O₂ or CO₂ concentrations), and to record average operational parameter value(s) on a continuous basis. Construction Any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emission unit) that would result in a change in emissions. Construction (for the purpose of section 112 (g) of the Act) Means the on-site fabrication, erection or installation of an affected source. Continuous emissions monitoring system (CEMS) All of the equipment that may be required to meet the data acquisition and availability requirements, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. Criteria pollutant Means PM₁₀, PM₂.5, nitrogen oxides, ozone, sulfur dioxide, carbon monoxide, lead or any other air pollutant for which a national ambient air quality standard has been promulgated under Section 109 of the Clean Air Act. De-minimis means (1) a rate of emissions less than or equal to any of the emission rates listed in Appendix E (taken from section 63.44 of 40 CFR Part 63 Subpart B), or (2) a rate of emissions: (i) that is less than or equal to 10 tons per year, and (ii) for which DNER has approved a case-by-case- demonstration that ambient impacts are de-minimis. (3) If the emission rate included in Appendix E is different from the one established in section 63.44 of subpart B of the 40 CFR Part 63, the federal regulation will prevail. Page 13 De-Minimis Source (for the purpose of Rule 211) Any stationary source with de-minimis emissions or operations as specified below: (a) In every 12-month period, any stationary source which emits less than or equal to the following thresholds: (i) 2 tons of regulated air pollutant (excluding HAPs), (ii) 5 tons of any combination of regulated pollutants (excluding HAP's), (iii) the insignificant activity threshold for HAP emissions listed in Appendix E of the regulation. Demolition Means the wrecking or taking out of any load supporting structural member and any related razing, removing, or stripping of asbestos-containing material. Dispersion Models Mathematical techniques which simulate the atmospheric transport of pollutants for the purpose of estimating concentrations of air pollutants for the purpose of estimating concentrations of air pollutants which may be or are emitted from a source. Dispersion Techniques Any method which attempts to affect the concentration of a pollutant in the ambient air by: (1) The use of that portion of stack which exceeds good engineering practice stack height; (2) Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or (3) The manipulation of process parameters, exhaust gas parameters, stack parameters other than height, or other selective handling of exhaust gas plume rise, (except the reheating of a gas stream following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the source generating the gas stream). Page 14 DNER Means Department of Natural and Environmental Resources. Domestic non-hazardous solid waste incineration unit Means a unit which combusts non-hazardous solid waste that is generated by the general public in single or multiples residences, hotels, motels, etc. Draft permit Means the version of a permit for which the DNER offers public participation under section (a) of Rule 609 or affected State / Territory review under Rule 609. Electric utility steam generating unit Any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. Electric Power Plant Company Any plant engaged in the generation of electrical power by any means. Emission The release or discharge of air pollutants into the ambient air. Emissions Factor Estimated averages of the rate at which pollutants are released to the ambient air as specified in the latest version of USEPA Publication No. AP-42, "Compilation of Air Pollutants Emission Factors", or such other factors as may be approved by the DNER. Emissions Offset Emissions reductions provided from an existing source or facility by the owner or operator of a new major source, or major modification or significant source when applying for a location approval in order to furnish a net ambient air quality benefit in the area. Page 15 Emission point (for purpose of Section 112(g) of the Act) Means any part or activity of a major source that emits or could emit any hazardous air pollutant. Emission Statement (for the purpose of Rule 211) An annual report from an owner or operator of a stationary source certifying the actual emissions of each regulated air pollutant and each hazardous air pollutant emitted from the stationary source. Emissions Unit Means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit as previously defined. The two types of emissions units are as follow: (A) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than 2 years from the date such emissions unit first operated. (B) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph A of this definition. A replacement unit as defined in rule is an existing emissions unit. Emission Unit (for the purpose of Rule 211) Any article, machine, equipment, operation, contrivance or related groupings of such that may produce and/or emit any regulated air pollutant or hazardous air pollutant. Emission unit (for purpose of Section 112(g) of the Act) Means the collection of emission points within a source requiring a MACT determination. An emission unit can be defined (by the permitting authority) as any of the following: (1) An emitting point that can be individually controlled, e.g., a boiler, a spray booth, etc. (2) The smallest grouping of emission points, that, when collected together, can be commonly controlled by a single control device or work practice. (3) The grouping of emission points, that, when collected together, can be commonly controlled by a single control device or work practice. (4) A grouping of emission points that are functionally related. Equipment is functionally related if the operation or action for which the equipment was specifically Page 16 designed could not occur without being connected with or relying on the operation of another piece of equipment. (5) For modifications under Section 112(g), only those emission points affected by the modification shall be included. Encapsulation Means the treatment of ACM with a material that surrounds or embeds asbestos fibers in an adhesive matrix to prevent the release of fibers, as the encapsulant creates a membrane over the surface (bridging encapsulant) or penetrates the material and binds its components together (penetrating encapsulant). Enclosure Means an airtight, impermeable, permanent barrier around Asbestos Containing Building Material (ACBM) to prevent the release of asbestos fibers into the air. Enhanced Monitoring Means the methodology used by an owner or operator to detect deviations with sufficient representativeness, accuracy, precision, reliability, frequency, and timeliness in order to determine if compliance is continuous during a reporting period. Such monitoring shall be conducted through an enhanced monitoring protocol. Enhanced monitoring protocol Means the methodology and all installation, equipment, performance, operation and quality assurance requirements applicable to such methodology, developed by the owner or operator for the purpose of conducting enhanced monitoring. EPA The Environmental Protection Agency of the Unites States of America. Facility Means all of the air contaminant sources that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel and those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine or non-road vehicle as defined in