of the Clean Air Act. Air contaminant sources shall be considered as part of

Page 17 the same industrial grouping if they belong to the same major group (i.e., they have the same two-digit code) as described in the "Standard Industrial Classification Manual." Federal Land Manager With respect to any lands in the United States, the Secretary of the Department with authority over such lands. Federally Enforceable Means all limitations and conditions that are enforceable by the administrator (of the United States Environmental Protection Agency), including those requirements developed pursuant to 40 CFR Parts 60, 61 and 63, requirements within the Puerto Rico state implementation plan that implements the requirements of the Clean Air Act, any permit requirements designated as federally enforceable established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, including operating permit requirements designated as federally enforceable issued under an United States Environmental Protection Agency-approved program that is incorporated into the Puerto Rico state implementation plan and expressly requires adherence to any permit issued under such program. Final permit Means the version of a Title V permit issued by the DNER that has completed all review procedures required by Rules 605, 606, 608, and 609. Fossil Fuel Boiler A unit (or combination of such units) which combusts fossil fuel (or receives heat from other fossil fuel units) to produce steam by indirect heat transfer and includes such units that produce steam for electric generation. The heat input for such units includes any heat provided to such units from the combustion of fossil fuels in other units. The total heat input from fossil fuel firing for a combination of such units is the sum of the heat inputs from fossil fuel firing for each unit. Fuels Any liquid, solid, or gaseous substance burned to produce heat or power. Page 18 Fuel Burning Equipment Any furnace boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer. Fugitive Dust Particulate matter which is or may be omitted from any activity other than through a stack, chimney or vent. Fugitive Emissions Those emissions which do not pass through a stack, chimney, vent or other functionally equivalent opening. Garbage Animal and vegetable matter originating in houses, kitchens, restaurants, hotels, produce markets, and similar places. GACT- Generally Available Control Technology Refers to the control technology or management practices promulgated as standard for the reduction of emissions of hazardous air pollutants from categories or subcategories of area sources (non major source). Good Engineering Practice (GEP) Stack Height GEP stack height means the greater of: (1) 65 meters, measured from the ground-level elevation at the base of the stack; or (2)(i) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR Parts 51 and 52. Hg = 2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; (ii) For all other stacks, Hg = H + 1.5L where Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack, Page I 19 H = height of nearby structure(s) measured from the ground-level elevation at the base of the stack, and L = lesser dimension, height or projected width, of nearby structure(s), provided that the EPA, State or local control agency may require the use of a field study or fluid model to verify GEP stack height for the source; or (3) The height demonstrated by a fluid model or a field study approved by the EPA, State or local control agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features. Grains Means alfalfa, corn, wheat, sorghum, rice, rye, oats, barley, cotton seeds, beetroot, purine, bran, sunflower seeds, soy wheat, soy pellets and soybeans. Guayama - Salinas SO₂ Non-Attainment Area Means the Aguirre and Lapa Wards in the municipality of Salinas as defined in the Puerto Rico Non-Attainment State Implementation Plan Sulfur Dioxide National Ambient Air Quality Standard. Hazardous Air Pollutant Any air pollutant listed in Appendix A of these regulation and any other substance adopted by the EPA after DNER complies with the public notice and public hearing regulatory requirements, pursuant to the Puerto Rico Administrative Procedures Act. Hazardous solid waste (based on the Puerto Rico Hazardous Solid Waste Regulation or 40 CFR 261) Residues, solid waste or combination of wastes which quantity, concentration or chemical or physical characteristics might: (1) represent a potential or substantial risk to the human health or to the environment when managed, treated or disposed in an inappropriate way; or (2) causes or contributes in a significant increase in mortality or irreversible or reversible serious handicapped illness. Page I 20 Heat Input The total gross calorific value (where gross calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-64) of all fuels burned. Heat input is calculated in British thermal units (BTU) per hour using the higher heating value of the fuel. Incinerator Any apparatus, equipment, and all appurtenances thereof, used for the burning or incineration of refuse or other combustible wastes, either liquid, solid or gaseous Increments of Progress The steps to be taken by the owner or operator for bringing a source into a compliance with applicable rules and regulations, or with any condition imposed by the DNER, as specified in an approved compliance plan or on any other legally binding or enforceable document issued by the DNER. Innovative control technology Means any system of air pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics or non-air quality environmental impacts. Install or installation Means to begin actual construction, erect, locate or affix any air contaminant source. Intermediate Sources (for the purpose of Rule 211) Any stationary source with emissions or operations as specified below: (a) In every 12-month period, the stationary source emits more than the minor source levels, but less than the following quantities of emissions: (i) 100% of the threshold levels for major sources of a regulated air pollutants (excluding HAPs), (ii) 100% of the threshold levels for major sources of HAPs, (iii) 100% of any lesser threshold for a single HAP that the United States Page 21 Environmental Protection Agency (U.S. EPA) may establish by rule. Lowest Achievable Emission Rate (LAER) For any emissions unit, means the more stringent rate of emissions based on the following: 1- The most stringent emissions limitation that is contained in the implementation plan of any State for such class or category of emission unit, unless the owner or operator of the proposed emission unit demonstrates that such limitations are not achievable; or 2- The most stringent emissions limitation which is achieved in practice by such class or category of emission unit. This limitation, when applied to a major modification, means the lowest achievable emission rate for the new or modified emissions unit within the stationary source. In no event shall the application of this term permit a proposed new or modified emissions unit to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. Maximum Achievable Control Technology (MACT) Are emission standards based on the best demonstrated control technology and practices in the regulated industry as promulgated by the Administrator pursuant to Section 112 of the Act. MACT for existing sources in a category or subcategory with 30 or more sources must be as stringent as the average emission limitation of the best controlled 12 % of similar sources, excluding sources which have achieved the LAER within 18 months prior to proposal or 30 months prior to promulgation. MACT for existing sources in a category or subcategory with fewer than 30 sources must be as stringent as the average emission limitation of the best performing 5 sources. MACT for new sources must be as stringent as the best controlled similar source. Major Modification: (1) Any physical change in or change in the method of operation of a major stationary source that would result in any combination of the following: (a) A significant emissions increase of a regulated NSR pollutant. (b) A significant net emissions increase of that pollutant from the major stationary source. [Comment: Except as otherwise provided, and consistent with the definition of major modification, a NSR project is a major modification for a regulated NSR pollutant if the NSR project causes two types of emissions increases; a significant emissions increase and a significant net emissions increase. The NSR project is not Page 22 a major modification if the NSR project does not cause a significant emissions increase. If the NSR project causes a significant emissions increase, then the NSR project is a major modification only if the NSR project also results in a significant net emissions increase.] (2) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is considered significant for VOCs or nitrogen oxides shall be considered significant for ozone. (3) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (3)(a) to (3)(c) of this definition. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the "net emission increase" definition of this Rule. Regardless of any such preconstruction projections, a major modification results if the NSR project causes a significant emissions increase and a significant net emissions increase. (a) Actual-to-projected-actual applicability test for NSR projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant. (b) Actual-to-potential test for NSR projects that only involve construction of a new emissions unit. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the NSR project and the baseline actual emissions of these emissions units before the NSR project equals or exceeds the significant amount for that pollutant. (c) Hybrid test for NSR projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference for each emissions unit, using the method specified in paragraphs (4)(a) to (4)(b) of this definition as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant. (d) The "sum of the difference" as used above in (3)(a), (3)(b), and (3)(c) shall include both increases and decreases in emissions calculated in accordance with those paragraphs. (4) A physical change or change in the method of operation shall not include the following: (a) Routine maintenance, routine repair, and routine replacement. (b) Use of an alternative fuel or raw material by reason of an order under Section 2(A) and (B) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan Page 23 pursuant to the Federal Power Act. (c) Use of an alternative fuel by reason of an order or Rule under Section 125 of the Clean Air Act. (d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste. (e) Use of an alternative fuel or raw material by a stationary source that does one of the following: (i) For non-attainment NSR purposes, the stationary source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166. (ii) For PSD purposes, the stationary source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166. (iii) The stationary source is approved to use under any effective and applicable non-attainment NSR permit or PSD permit. (f) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after the following: (i) For non-attainment NSR purposes, December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166. (ii) For PSD purposes, January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I or 40 CFR 51.166. (g) Any change in ownership at a stationary source. (h) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the temporary clean coal technology demonstration project complies with the following: (i) The Puerto Rico state implementation plan. (ii) Other requirements necessary to attain and maintain the national ambient air quality standard during the temporary clean coal technology demonstration project and after the NSR project is terminated. (5) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under Rule 3745-31-32 of the RCAP for a PAL for that pollutant. Instead, the definition of "Quantifiable" of this Rule shall apply. (6) Different pollutants, including individual precursors, are not summed to determine applicability of a major modification. Page 24 Major Stationary Source Means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in paragraph (A) or (B) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual. (A) For the purpose of construction will be define as: Any of the following sources which have potential to emit one hundred tons per year or more of any air pollutant from the following types of stationary sources: (1) Coal cleaning plants (with thermal dryers); (2) Kraft pulp mills; (3) Portland Cements plants; (4) Primary zinc smelters; (5) Iron and steel mill plants; (6) Primary aluminum ore reduction plants; (7) Primary copper smelters; (8) Municipal incinerators with a capacity of more than fifty (50) tons of refuse per day; (9) Hydrofluoric acid plants; (10) Nitric acid plants (11) Sulfuric acid plants (12) Sulfur recovery plants; (13) Petroleum refineries; (14) Lime plants; (15) Coke oven batteries; (16) Phosphate rock processing plants; (17) Fuel conversion plants; (18) Carbon black plants (furnace process); (19) Sintering plants; (20) Primary lead smelters; (21) Fossil-fuel fired steam electric plants of more than two hundred and fifty (250 X 10⁶) million British thermal units per hour heat input; fuel conversion plants; (22) Secondary metal production facilities; Page 25 (23) Chemical process plants; (24) fossil-fuel boilers (or combination thereof) totalling more than two hundred and fifty millions (250 X 10⁶) British Thermal Units per hour heat input; (25) Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000) barrels; (26) Taconite ore processing facilities; (27) Glass fiber processing plant, (28) Charcoal production facilities; or (29) Any other stationary source category regulated under section 111 or 112 of the Act. Such term also includes any other source with the potential to emit two hundred and fifty (250) tons per year or more of any air pollutant, PROVIDED THAT, in the case of a source locating in a non-attainment area, or the emission of which may significantly impact a non-attainment area, such term means any source having the potential to emit one-hundred tons per year (100 tons/year) or more of any air pollutant, except for lead which has a potential to emit of 2 tons per year or more. (B)- For the purpose of operating a source it will be define as: (1) A major source under Section 112 of the Act, is defined as: (i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112(b) of the Act (provided in Appendix A of these Part VI rules), 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule (including fugitive emissions of any such pollutant from the source). Notwithstanding the preceding sentence, emissions from any oil gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or Page 26 (ii) For radionuclides, "major source" shall have the meaning specified by the Administrator by rule. (2) A major stationary source of air pollutants, as defined in Section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant (including fugitive emissions of any such pollutant from the source). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the Act, unless the source belongs to one of the following categories of stationary source: (1) Coal cleaning plants (with thermal dryers); (2) Kraft pulp mills; (3) Portland Cements plants; (4) Primary zinc smelters; (5) Iron and steel mill plants; (6) Primary aluminum ore reduction plants; (7) Primary copper smelters; (8) Municipal incinerators with a capacity of more than fifty (50) tons of refuse per day; (9) Hydrofluoric acid plants; (10) Nitric acid plants (11) Sulfuric acid plants (12) Sulfur recovery plants; (13) Petroleum refineries; (14) Lime plants; (15) Coke oven batteries; (16) Phosphate rock processing plants; (17) Fuel conversion plants; (18) Carbon black plants (furnace process); (19) Sintering plants; (20) Primary lead smelters; (21) Fossil-fuel fired steam electric plants of more than two hundred and fifty (250 X 10⁶) million British thermal units per hour heat input; fuel conversion plants; (22) Secondary metal production facilities; (23) Chemical process plants; (24) Fossil-fuel boilers (or combination thereof) totalling more than two hundred and fifty millions (250 X 10⁶) British Thermal units per hour heat input; (25) Petroleum storage and transfer facilities with a capacity exceeding three hundred thousands (300,000) barrels; (26) Taconite ore processing facilities; Page 27 (27) Glass fiber processing plant, (28) Charcoal production facilities; or(29) Any other stationary source category regulated under section 111 or 112 of the Act. (3) A major stationary source as defined in Part D of Title I of the Act, including: (i) For ozone non-attainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme," (fugitive emissions shall not be considered in determining whether a source is a major source unless the source belongs to one of the stationary source categories listed in paragraph 2 above); except that the references in this paragraph to 100, 50, 25 and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under Section 182(f) (1) or (2) of the Act, that requirements under Section 182(f) of the Act do not apply; (ii) For carbon monoxide non-attainment areas: (A) That are classified as "serious," and (B) In which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and (iii) For particulate matter (PM-10) non-attainment areas classified as "serious," sources with the potential to emit 70 tpy or more of PM- 10, or where applicable a PM-10 precursor. (iv) For lead non-attainment areas, sources of lead with a potential to emit of 2 tons per year or more. Malfunction Any failure of air pollution control equipment or process equipment, or of a process to operate in a normal or usual manner. Page I 28 Manufacturing Waste Solid or liquified material or rubbish resulting from the operation of any business, construction activity, building, or industrial operation, such as plastic products, carton, paints, grease, oil, and other petroleum products, chemicals reagents, cinders, and other forms of solid or liquid waste material, or any other substances classified as hazardous material. Maritime Vessel Any type of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. Mass Emissions Rate The average rate at which a pollutant is actually released to the ambient air from any activity, such as combustion or industrial process, expressed in weight or mass per unit time. Maximum Allowable Increments (RESERVED) Minor Source (for the purpose of Rule 211) Any stationary source with emissions or operations as specified below: (a) In every 12-month period, the stationary source emits more than the de minimis source levels, but less than or equal to the following quantities of emissions: (i) 75% of the threshold levels for major sources of regulated air pollutants (excluding HAPs), (ii) 75% of the threshold levels for major sources of HAPs, (iii) 75% of any lesser threshold for a single HAP that the United States Environmental Protection Agency (U.S. EPA) may establish by rule. (iv) No stationary source subject to a NSPS, NESHAPS or MACT standard shall be considered a minor source for the purpose of Rule 211. Page 29 Modification (for the purposes of Part II of this Regulation) Any physical change in, change in the method of operation or a change in type of fuel used of an existing stationary source, that would result in a net increase in that stationary source's potential to emit any air pollutant (subject to any standard), or which results in the emission of any pollutant (subject to a standard) not previously emitted. A physical change shall not include routine maintenance, repair and the replacement of any equipment having the same capacity, equal efficiency or greater environmental benefit to be used for the same purpose Modification (for purpose of Section 112 (g) of the Act) means the fabrication (on site), erection, or installation of any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more than a de minimis amount or which results in the emission of any hazardous air pollutant not previously emitted by more than a de minimis amount. A physical change in, or change in the method of operation of, a major source which results in a greater than de minimis increase in actual emissions of hazardous air pollutants shall not be considered a modification, if such increase in the quantity of actual emissions of any hazardous air pollutant from such source will be offset by an equal or greater decrease in the quantity of another hazardous air pollutant (or pollutants) from such source which is deemed more hazardous. Motor vehicle Any vehicle propelled by means other than human or muscular power, excepting such vehicles as run only upon rails or tracks. Necessary preconstruction approvals or permits Means those permits or approvals required under federal air pollution control laws and regulations and those air pollution control laws and regulations that are part of the federally approved Puerto Rico state implementation plan. National Ambient Air Quality Standards (NAAQS) The primary and secondary national ambient air quality standards set forth by the US Environmental Protection Agency in 40 CFR, Part 50. Page 30 National Emission Standards for Hazardous Air Pollutants (NESHAPS) The national emission standards for hazardous air pollutants set forth by the US Environmental Protection Agency in 40 CFR, Part 61 or Part 63. Net Air Quality Benefit A net air quality benefit is achieved when the air quality impact does not exceed the significant air quality impact levels and the modelling analysis predicts that the Lowest Achievable Emission Rate (LAER) and emission offsets proposed will result in a net concentration change that is less than zero at several receptors agreed upon by the DNER. Net emissions increase Means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following, except as limited by paragraph (3) of this definition, exceeds zero: (1) Any increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated under this Rule. (2) Any other increases and decreases in actual emissions at the stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this definition shall be determined as provided in the definition of "Baseline actual emissions" of this Rule, except that paragraphs (1)(c) and (2)(d) of "Baseline actual emissions" definition shall not apply. (3) The following limit paragraphs (1) and (2) of this definition: (a) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if the increase or decrease occurs within the period beginning five years prior to the date on which the owner or operator of the facility expects construction to commence, as stated in the initial complete application for an installation permit for a new or modified emission unit for the particular change or project, and ending on the date when the new or modified emissions unit becomes operational and begins to emit a pollutant. (b) An increase or decrease in actual emissions is creditable only if the DNER has not relied on the increase or decrease in issuing a permit for the stationary source under regulations approved pursuant to this Rule, which permit is in effect when the increase in actual emissions from the particular change occurs. (c) For PSD purposes only, an increase or decrease in actual emissions of sulfur dioxide, nitrogen oxide, or particulate matter that occurs before the applicable minor source baseline date is creditable only if the increase or decrease is required to be considered in calculating the amount of maximum allowable increases remaining available. Only PM10 emissions shall be used to evaluate the net emissions increase for PM10. Page 31 (d) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. (e) A decrease in actual emissions is creditable only if the following apply: (i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions. (ii) The decrease is enforceable as a practical matter at and after the time that actual construction on the particular change begins. (iii) The decrease has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (iv) For non-attainment NSR purposes only, the DNER has not relied on the decrease in issuing any permit under regulations pursuant to 40 CFR part 51, subpart I or the DNER has not relied on the decrease in demonstrating attainment or reasonable further progress. (f) An increase that results from a physical change at a stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular air pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days. (g) Paragraph (1) of "Actual emissions" definition of this Rule shall not apply for determining creditable increases and decreases or after a change. Non-Attainment Area Means that the area has been designated as non-attainment in 40 CFR 81.355 for a given pollutant Non-attainment new source review permit or non-attainment NSR permit Means any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into a plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR part 51, appendix S, sections I to VI. Non-hazardous solid waste Any solid waste not regulated as a hazardous solid waste. Non-Process Source Any source other than a process source. Page 32 Notice of MACT Approval Refers to the procedures established in Subpart B of 40 CFR Part 63 by which a Maximum Achievable Control Technology analysis is performed by the owner or operator of a source and submitted to the permitting authority for determination of equivalency of emission limitation applicable to such source. Opacity A state which renders a material or substance partially or totally blocked to the transmission of visible light and is expressed as the percentage of light obstructed. Open Burning The burning of solid waste, agricultural waste, or plant life without: (1) Control of combustion air to maintain adequate temperature for efficient combustion; (2) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and (3) Control of the emission of the gaseous combustion products. Organic Compound Any chemical substance which contains carbon and hydrogen, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. Organic Solvents Organic materials which are liquids at standard conditions, including, but not limited to, diluents and thinners, and which are used as dissolvents, viscosity reducers or cleaning agents. Owner or Operator Any person who owns, leases, operates, controls or supervises a source or facility. Page 33 Particulate Matter Any material in solid or liquid form sufficiently subdivided into small particles as to be susceptible to dispersion and suspension or to be carried by currents of air or other gases, except water in its uncombined state. Permit modification Means a revision to a Title V permit that meets the requirements of section (b) of Rule 606. Permit program costs Means all reasonable (direct and indirect) costs required to develop and administer a permit program, as set forth in section (b) of Rule 610 (whether such costs are incurred by the DNER or other State or local agencies that do not issue permits directly, but that support permit issuance or administration). Permit revision Means any permit modification or administrative permit amendment. Person Any person, natural or juridical, or group of persons, private or public, including agencies, government bodies, municipalities and public quasi-public corporations. Plant Life Vegetation such as trees, tree branches, leaves, yard trimmings, shrubbery, grass, weeds and crops. PM₂.₅ Particulate matter with a size less than or equal to 2.5 micrometers in aerodynamic mass median diameter. PM₁₀ Particulate matter with a size less than or equal to 10 micrometers in aerodynamic mass median diameter. Page I 34 PM₁₀ Precursor Means sulfur dioxide, nitrogen oxides, or volatile organic compounds. PM₁₀ Non-Attainment Area for Guaynabo The entire Municipality of Guaynabo as defined in the Puerto Rico PM₁₀ State Implementation Plan (PR-SIP) and in Law 81 of August 30, 1991- "Autonomous Municipality Act" (Repealed) Pollution prevention Any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "inprocess recycling" practices), energy recovery, treatment, or disposal. Portable source Means an air contaminant source that, in the DNER's judgment, is specifically designed to be transferred to a new site as needs warrant. Potential to Emit The maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. Predictive emissions monitoring system (PEMS) All of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O₂ or CO₂ concentrations), and calculate and record the mass emissions rate (for example, Ib/hr) on a continuous basis. Page 35 Prevention of Significant Deterioration (PSD) permit Any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorporated into the plan to implement the requirements of 40 CFR $51.166, or under the program in 40 CFR $52.21 Process Source A source from which emissions are, in whole or in part, the result of a manufacturing process that produces a chemical change in any of the materials or substances used in that process. Process Statement (for the purpose of Rule 211) An annual report on permitted emission units from an owner or operator of a stationary source certifying under penalty of perjury the following: throughput of process materials; throughput of materials stored; usage of materials; fuel usage; any available continuous emissions monitoring data; hours of operation; and any other information required by this rule or requested in writing by the DNER. Process unit Means any collection of structures and/or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit Project A physical change in, or change in the method of operation of, an existing major stationary source. Projected actual emissions Means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (twelve-month period) following the date the emissions unit resumes regular operation after the NSR project, or in any one of the ten years following that date, if the NSR project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the emissions unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions under this Rule before beginning actual construction, the owner or operator of the major stationary source shall do the following: Page 36 (1) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan. (2) Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. (3) Exclude, in calculating any increase in emissions that results from the particular NSR project, that portion of the emissions unit's emissions following the NSR project that an existing emissions unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under definition "Baseline actual emissions" of this Rule and that are also unrelated to the particular NSR project, including any increased utilization due to product demand growth. (4) In lieu of using the method set out in paragraphs (1) to (3) of this definition, the owner or operator may elect to use the emissions unit's potential to emit, in tons per year, as the defined in definition "Potential to emit" of this Rule. Proposed permit Means the version of a permit that the DNER proposes to issue and forwards to the Administrator for review in compliance with Rule 609. Public and Commercial Building Means the interior space of any building which it is not a school building, except that the term does not include any residential apartment building of fewer than ten (10) units or detach single-family homes. The term includes, but is not limited to, industrial and office building, residential building and condominium of 10 or more dwelling units, government-owned building, colleges (private and public university institutions), museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior spaces include exterior hallways connecting buildings, porticos and mechanical systems used to condition interior spaces. Puerto Rico Air Quality Control Region All the land under the jurisdiction of the Commonwealth of Puerto Rico pursuant to