Section 006. General Definitions

01. Accountable. Any SIP emission trading program must account for the aggregate effect of th e emissions trades in the demonstration of reasonable further progress, attainment, or maintenance. (3-28-23) 02. Actual Emissions. The actual rate of emissions of a pollutant from an emissions unit as determine d below: (3-28-23) a. Actual emissions as of a particular date equal the average rate, in tons per year, at which the uni t emitted the pollutant during a consecutive 24-month period that precedes the particular date and is representative o f normal source operation. The Department will allow the use of a different time period upon a determination that it i s more representative of normal source operation. Actual emissions must be calculated using the unit’s actual operatin g hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (3-28-23) b. The Department may presume that the source-specific allowable emissions for the unit ar e equivalent to actual emissions of the unit. (3-28-23) c. For any emissions unit (other than an electric utility steam generating unit as specified below ) which has not yet begun normal operations on the particular date, actual emissions equal the potential to emit of th e unit on that date. (3-28-23) d. For an electric utility steam generating unit (other than a new unit or the replacement of an existin g unit) actual emissions of the unit following the physical or operational change equal the representative actual annual emissions of the unit, provided the source owner or operator maintains and submits to the Department, on an annua l basis for a period of five (5) years from the date the unit resumes regular operation, information demonstrating tha t the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10 ) years may be required by the Department if it determines such a period to be more representative of normal sourc e post-change operations. (3-28-23) 03

n an annua l basis for a period of five (5) years from the date the unit resumes regular operation, information demonstrating tha t the physical or operational change did not result in an emissions increase. A longer period, not to exceed ten (10 ) years may be required by the Department if it determines such a period to be more representative of normal sourc e post-change operations. (3-28-23) 03. Air Quality. The specific measurement in the ambient air of a particular air pollutant at any give n time. (3-28-23) 04. Allowable Emissions. The allowable emissions rate of a stationary source or facility calculate d using the maximum rated capacity of the source or facility (unless the source or facility is subject to federally enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of th e following: (3-28-23) a. The applicable standards set forth in 40 CFR Parts 60, 61, and 63. (3-28-23) b. Any applicable State Implementation Plan emissions limitation including those with a futur e compliance date; or (3-28-23) c. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. (3-28-23) 05. Ambient Air. That portion of the atmosphere, external to buildings, to which the general public ha s access. (3-28-23) 06. Ambient Air Quality Violation. Any ambient concentration that causes or contributes to a n exceedance of a national ambient air quality standard as determined by 40 CFR Part 50. (3-28-23) 07. Attainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as having ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular air pollutant or air pollutants. (3-28-23) 08. Commence Construction or Modification. Initiation of physical on-site construction activities o n an emissions unit that are permanent

Attainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as having ambient concentrations equal to or less than national primary or secondary ambient air quality standards for a particular air pollutant or air pollutants. (3-28-23) 08. Commence Construction or Modification. Initiation of physical on-site construction activities o n an emissions unit that are permanent. Such activities include, but are not limited to, fabrication, erection, installation , or modification of a stationary source or facility, installation of building supports and foundations, laying o f underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities, that mark the initiation of th e change. (3-28-23) 09. Control Equipment. Any method, process or equipment which removes, reduces or renders less noxious, air pollutants discharged into the atmosphere. (3-28-23) 10. Controlled Emission. An emission which has been treated by control equipment to remove all o r part of an air pollutant before release to the atmosphere. (3-28-23) 11. Criteria Air Pollutant. Any of the following: PM10; PM2.5; sulfur oxides; ozone, nitroge n dioxide; carbon monoxide; lead. (3-28-23) 12. Emission. Any controlled or uncontrolled release or discharge into the outdoor atmosphere of an y air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a stack, vent, or other means into the outdoor atmosphere that originates from an emission unit. (3-28-23) 13. Emission Standard

one, nitroge n dioxide; carbon monoxide; lead. (3-28-23) 12. Emission. Any controlled or uncontrolled release or discharge into the outdoor atmosphere of an y air pollutants or combination thereof. Emission also includes any release or discharge of any air pollutant from a stack, vent, or other means into the outdoor atmosphere that originates from an emission unit. (3-28-23) 13. Emission Standard. A permit or regulatory requirement established by the Department or EP A which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including an y requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation o r maintenance procedures for a source to assure continuous emission reduction. (3-28-23) 14. Emissions Unit. An identifiable piece of process equipment or other part of a facility which emit s or may emit any air pollutant. (3-28-23) 15. Environmental Remediation Source. A stationary source that functions to remediate or recover any release, spill, leak, discharge or disposal of any petroleum product or petroleum substance, any hazardous wast e or hazardous substance from any soil, ground water or surface water, and has an operational life no greater than fiv e (5) years from the inception of any operations to the cessation of actual operations. Nothing in this definition limit s remediation projects to five (5) years or less of total operation. (3-28-23) 16. Existing Stationary Source or Facility. Any stationary source or facility that exists, is installed, o r is under construction on the original effective date of any applicable provision of this chapter. (3-28-23) 17. Facility. All of the pollutant-emitting activities that belong to the same industrial grouping, ar e located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or person s under common control)

ce or facility that exists, is installed, o r is under construction on the original effective date of any applicable provision of this chapter. (3-28-23) 17. Facility. All of the pollutant-emitting activities that belong to the same industrial grouping, ar e located on one (1) or more contiguous or adjacent properties, and are under the control of the same person (or person s under common control). Pollutant-emitting activities are considered as part of the same industrial grouping if the y belong to the same Major Group (i.e. which have the same two-digit code) as described in the Standard Industria l Classification Manual. The fugitive emissions are not considered in determining whether a permit is required unles s required by federal law. (3-28-23) 18. Federal Land Manager. The Secretary of the department with authority over the Federal Class I Area (or the Secretary's designee). (3-28-23) 19. Federally Enforceable. All limitations and conditions which are enforceable by EPA and th e Department under the Clean Air Act, including those requirements developed pursuant to 40 CFR Parts 60 and 6 1 requirements within any applicable State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Parts 51, 52, 60, or 63. (3-28-23) 20. Fuel-Burning Equipment. Any furnace, boiler, or other apparatus, including all stacks an d appurtenances thereto, that burns fuel for the primary purpose of producing heat or power by indirect heat transfer. (3-28-23) 21. Fugitive Dust. Fugitive emissions composed of particulate matter. (3-28-23) 22. Fugitive Emissions. Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (3-28-23) 23. Gasoline. Any mixture of volatile hydrocarbons suitable as a fuel for the propulsion of moto r vehicles or motorboats

power by indirect heat transfer. (3-28-23) 21. Fugitive Dust. Fugitive emissions composed of particulate matter. (3-28-23) 22. Fugitive Emissions. Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. (3-28-23) 23. Gasoline. Any mixture of volatile hydrocarbons suitable as a fuel for the propulsion of moto r vehicles or motorboats. Gasoline also means aircraft engine fuels when used for the operation or propulsion of moto r vehicles or motor boats and includes gasohol, but does not include special fuels, which is defined as fuel suitable fo r diesel engines; a compressed or liquefied gas obtained as a by-product in petroleum refining or natural gasolin e manufacture, such as butane, isobutane, propane, propylene, butylenes, and their mixtures; and natural gas, either liquid or gas, and hydrogen, used for the generation of power for the operation or propulsion of motor vehicles. (3-28-23) 24. Gasoline Cargo Tank. Any tank or trailer used for the transport of gasoline from sources of suppl y to underground gasoline storage tanks. (3-28-23) 25. Gasoline Dispensing Facility (GDF). Any facility with underground gasoline storage tanks use d for dispensing gasoline. (3-28-23) 26. Hazardous Air Pollutant (HAP). Any air pollutant listed pursuant to Section 112(b) of the Clea n Air Act. Hazardous Air Pollutants are regulated air pollutants. (3-28-23) 27. Incinerator. Any source consisting of a furnace and all appurtenances thereto designed for th e destruction of refuse by burning. “Open Burning” is not considered incineration. For purposes of these rules, th e destruction of any combustible liquid or gaseous material by burning in a flare stack shall be considered incineration. (3-28-23) 28. Integral Vista. A view perceived from within the mandatory Class I Federal Area of a specifi c landmark or panorama located outside the boundary of the mandatory Class I Federal Area. (3-28-23) 29. Mandatory Class I Federal Area

on. For purposes of these rules, th e destruction of any combustible liquid or gaseous material by burning in a flare stack shall be considered incineration. (3-28-23) 28. Integral Vista. A view perceived from within the mandatory Class I Federal Area of a specifi c landmark or panorama located outside the boundary of the mandatory Class I Federal Area. (3-28-23) 29. Mandatory Class I Federal Area. Any area identified in 40 CFR 81.400 through 81.437. (3-28-23) 30. Mercury Best Available Control Technology (MBACT). An emission standard for mercur y (including elemental mercury and mercury compounds) based on the maximum degree of reduction practicall y achievable as specified by the Department on an individual case-by-case basis considering energy, economic an d environmental impacts, and other relevant impacts specific to the source. A Department approved MBACT is vali d until the source subject to the MBACT is modified. If the proposed modification to the source subject to MBAC T occurs within ten (10) years of the MBACT determination, a new MBACT review is not triggered if the source can meet the existing MBACT requirements. If the proposed modification occurs more than ten (10) years after th e MBACT determination, then the proposed modification will be subject to a new MBACT review. (3-28-23) 31. Modification. (3-28-23) a. Any physical change in, or change in the method of operation of, a stationary source or facility tha t results in an emission increase as defined in Section 007 or that would result in the emission of any regulated ai r pollutant not previously emitted. (3-28-23) b. Any physical change in, or change in the method of operation of, a stationary source or facility tha t would result in an increase in the emissions rate of any state only toxic air pollutant, or emissions of any state onl y toxic air pollutant not previously emitted. (3-28-23) c. Fugitive emissions are not considered in determining whether a permit is required for a modification unless required by federal law. (3-28-23) d

r change in the method of operation of, a stationary source or facility tha t would result in an increase in the emissions rate of any state only toxic air pollutant, or emissions of any state onl y toxic air pollutant not previously emitted. (3-28-23) c. Fugitive emissions are not considered in determining whether a permit is required for a modification unless required by federal law. (3-28-23) d. Routine maintenance, repair and replacement are not considered physical changes and th e following are not considered a change in the method of operation: (3-28-23) i. An increase in the production rate if such increase does not exceed the operating design capacity o f the affected stationary source, and if a more restrictive production rate is not specified in a permit; (3-28-23) ii. An increase in hours of operation if more restrictive hours of operation are not specified in a permit; and (3-28-23) iii. Use of an alternative fuel or raw material if the stationary source is specifically designed t o accommodate such fuel or raw material before January 6, 1975, and use of such fuel or raw material is no t specifically prohibited in a permit. (3-28-23) 32. National Ambient Air Quality Standard (NAAQS). National primary and secondary ambient ai r quality standards under Section 109 of the Clean Air Act (CAA) are set forth in 40 CFR Part 50 and incorporated b y reference in Section 107. Primary standards define levels of air quality that EPA has determined, with an adequat e margin of safety, to protect public health. Secondary standards define levels of air quality necessary to protect publi c welfare from any known or anticipated adverse effects of a pollutant. Pollutants subject to a NAAQS are terme d criteria pollutants. Geographic areas are designated as unclassifiable, attainment, or nonattainment of the NAAQS . Section 110 of the CAA and 40 CFR Parts 51 and 52, incorporated by reference in Section 107, requires states t o submit state implementation plans to meet, attain, and maintain the NAAQS. (3-28-23) 33

ticipated adverse effects of a pollutant. Pollutants subject to a NAAQS are terme d criteria pollutants. Geographic areas are designated as unclassifiable, attainment, or nonattainment of the NAAQS . Section 110 of the CAA and 40 CFR Parts 51 and 52, incorporated by reference in Section 107, requires states t o submit state implementation plans to meet, attain, and maintain the NAAQS. (3-28-23) 33. New Stationary Source or Facility. (3-28-23) a. Any stationary source or facility, the construction or modification of which is commenced after th e original effective date of any applicable provision of this chapter; or (3-28-23) b. The restart of a non-operating facility is considered a new stationary source or facility if:(3-28-23) i. The restart involves a modification to the facility; or (3-28-23) ii. If after the facility has been in a non-operating status for a period of two (2) years, and th e Department receives an application for a Permit to Construct in the area affected by the existing non-operating facility, then the Department will, within five (5) working days of receipt of the application notify the facility o f receipt of the application for a Permit to Construct. To not be considered a new stationary source or facility withi n thirty (30) working days upon receipt of this notification, the facility must provide the Department with a schedul e detailing the restart of the facility. The restart must begin within sixty (60) days of the date the Department receive s the restart schedule. (3-28-23) 34. Nonattainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as not meeting (or contributes to ambient air quality in a nearby area that does not meet) the national primary or secondar y ambient air quality standard for the pollutant. (3-28-23) 35. Particulate Matter. Any material, except water in uncombined form, that exists as a liquid or a solid at standard conditions

onattainment Area. Any area which is designated, pursuant to 42 U.S.C. Section 7407(d), as not meeting (or contributes to ambient air quality in a nearby area that does not meet) the national primary or secondar y ambient air quality standard for the pollutant. (3-28-23) 35. Particulate Matter. Any material, except water in uncombined form, that exists as a liquid or a solid at standard conditions. Emissions are measured by an applicable reference method, or any equivalent o r alternative method in accordance with Section 157. PM10 is all particulate matter in the ambient air with a n aerodynamic diameter less than or equal to ten (10) micrometers. PM2.5 is all particulate matter in the ambient air with an aerodynamic diameter less than or equal to two point five (2.5) micrometers. (3-28-23) 36. Potential to Emit/Potential Emissions. The maximum capacity of a facility or stationary source t o emit an air pollutant under its physical and operational design. Any physical or operational limitation on the capacit y of the facility or source to emit an air pollutant, including air pollution control equipment and restrictions on hours o f operation or on the type or amount of material combusted, stored or processed, is treated as part of its design if th e limitation or the effect it would have on emissions is state or federally enforceable. Secondary emissions do not coun t in determining the potential to emit of a facility or stationary source. (3-28-23) 37. Portable Equipment. Equipment designed to be dismantled and transported from one (1) job sit e to another. (3-28-23) 38. Process or Process Equipment. Any equipment, device or contrivance for changing any material s whatever or for storage or handling of any materials, and all appurtenances thereto, including ducts, stack, etc., th e use of which may cause any discharge of an air pollutant into the ambient air but not including that equipmen t specifically defined as fuel-burning equipment or refuse-burning equipment. (3-28-23) 39. Regulated Air Pollutant

ent, device or contrivance for changing any material s whatever or for storage or handling of any materials, and all appurtenances thereto, including ducts, stack, etc., th e use of which may cause any discharge of an air pollutant into the ambient air but not including that equipmen t specifically defined as fuel-burning equipment or refuse-burning equipment. (3-28-23) 39. Regulated Air Pollutant. (3-28-23) a. For purposes of determining applicability of major source permit to operate requirements, issuing , and modifying permits pursuant to Sections 300 through 397, and in accordance with Title V of the federal Clean Ai r Act amendments of 1990, 42 U.S.C. Section 7661 et seq., “regulated air pollutant” has the same meaning as in Title V of the federal Clean Air Act amendments of 1990, and any applicable federal regulations promulgated pursuant t o Title V of the federal Clean Air Act amendments of 1990, 40 CFR Part 70; (3-28-23) b. For purposes of determining applicability of any other operating permit requirements, issuing, an d modifying permits pursuant to Sections 400 through 409, the federal definition of “regulated air pollutant” as define d in Subsection 006.39.a. also applies; (3-28-23) c. For purposes of determining applicability of permit to construct requirements, issuing, an d modifying permits pursuant to Sections 200 through 227, except Section 214, and in accordance with Part D o f Subchapter I of the federal Clean Air Act, 42 U.S.C. Section 7501 et seq., “regulated air pollutant” means those ai r contaminants that are regulated in non-attainment areas pursuant to Part D of Subchapter I of the federal Clean Air Act and applicable federal regulations promulgated pursuant to Part D of Subchapter I of the federal Clean Air Act , 40 CFR 51.165; and (3-28-23) d

ce with Part D o f Subchapter I of the federal Clean Air Act, 42 U.S.C. Section 7501 et seq., “regulated air pollutant” means those ai r contaminants that are regulated in non-attainment areas pursuant to Part D of Subchapter I of the federal Clean Air Act and applicable federal regulations promulgated pursuant to Part D of Subchapter I of the federal Clean Air Act , 40 CFR 51.165; and (3-28-23) d. For purposes of determining applicability of any other major or minor permit to construc t requirements, issuing, and modifying permits pursuant to 200 through 227, except Section 214, “regulated ai r pollutant” means those air contaminants that are regulated in attainment and unclassifiable areas pursuant to Part C o f Subchapter I of the federal Clean Air Act, 40 CFR 52.21, and any applicable federal regulations promulgate d pursuant to Part C of Subchapter I of the federal Clean Air Act, 42 U.S.C. Section 7470 et seq. (3-28-23) 40. Replicable. Any SIP procedures for applying emission trading must be structured so that two (2 ) independent entities would obtain the same result when determining compliance with the emission tradin g provisions. (3-28-23) 41. Responsible Official. One (1) of the following: (3-28-23) a. 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 th e corporation, or a duly authorized representative of such person if the representative is responsible for the overal l operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit an d either: (3-28-23) i. The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (3-28-23) ii. The delegation of authority to such representative is approved in advance by the Department. (3-28-23) b

or operating facilities applying for or subject to a permit an d either: (3-28-23) i. The facilities employ more than two hundred fifty (250) persons or have gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000) (in second quarter 1980 dollars); or (3-28-23) ii. The delegation of authority to such representative is approved in advance by the Department. (3-28-23) b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (3-28-23) c. For a municipality, State, Federal, or other public agency: either a principal executive officer o r ranking elected official. For the purposes of Section 123, 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 agenc y (e.g., a Regional Administrator of EPA). (3-28-23) d. For Phase II sources: (3-28-23) i. The designated representative in so far as actions, standards, requirements, or prohibitions under 4 2 U.S.C. Sections 7651 through 7651o or the regulations promulgated thereunder are concerned; and (3-28-23) ii. The designated representative for any other purposes under 40 CFR Part 70. (3-28-23) 42. Secondary Emissions. Emissions that occur as a result of the construction, modification, o r operation of a stationary source or facility, but do not come from the stationary source or facility itself. Secondar y emissions must be specific, well defined, quantifiable, and affect the same general area as the stationary source, facility, or modification that causes the secondary emissions. Secondary emissions include emissions from any offsit e support facility that would not be constructed or increase its emissions except as a result of the construction o r operation of the primary stationary source, facility or modification. Secondary emissions do not include an y emissions that come directly from a mobile source regulated under 42 U.S.C. Sections 7521 through 7590. (3-28-23) 43. Significant

missions include emissions from any offsit e support facility that would not be constructed or increase its emissions except as a result of the construction o r operation of the primary stationary source, facility or modification. Secondary emissions do not include an y emissions that come directly from a mobile source regulated under 42 U.S.C. Sections 7521 through 7590. (3-28-23) 43. Significant. In reference to a net emissions increase or the potential of a source to emit any of th e following pollutants, a rate of emissions that would equal or exceed any of the following: (3-28-23) a. Criteria Pollutant Significant emission rate. Criteria Pollutant Emission Rate (tons/year) CO 100 NO 40 x SO 40 2 Ozone as NO 40 x Ozone as VOC 40 PM 25 PM 15 10 PM 10 2.5 PM as SO 40 2.5 2 PM as NO 40 2.5 x Pb 0.6 Criteria Pollutant Emission Rate (tons/year) Any regulated air pollutant not listed Greater than 0 in this definition. (3-28-23) b. Non criteria pollutant significant emission rate. Non-Criteria Pollutant Emission Rate (tons/year) H2S 10 TRS (including H2S) 10 Reduced sulfur compounds (including H2S) 10 H2SO4 mist 7 Fluorides 3 Any regulated pollutant not listed in this definition and not a TAP Greater than zero (3-28-23) c. Other pollutants with a significant emission rate. Other Measured as Emission rate (tons/year) total tetra-through octa-chlorinated Municipal waste combustor organics 3.5 × 10 -6 dibenzo-p-dioxins and dibenzofurans Municipal waste combustor metals Particulate matter 15 Municipal waste combustor acid SO and hydrogen chloride 40 gases 2 Municipal solid waste landfills Nonmethane organic compounds 50 Any new or modified major source Any rate or net increase with a 24- Any regulated air pollutant within 10 kilometers of a Class I area hour impact of ≥ 1 μg/m3 (3-28-23) 44. Significant Contribution

dibenzofurans Municipal waste combustor metals Particulate matter 15 Municipal waste combustor acid SO and hydrogen chloride 40 gases 2 Municipal solid waste landfills Nonmethane organic compounds 50 Any new or modified major source Any rate or net increase with a 24- Any regulated air pollutant within 10 kilometers of a Class I area hour impact of ≥ 1 μg/m3 (3-28-23) 44. Significant Contribution. Any increase in ambient concentrations which would exceed th e following: Averaging time (hours) Pollutant Annual 24 8 3 1 SO2 1.0 µg/m 3 5 µg/m 3 25 µg/m 3 PM10 1.0 µg/m 3 5 µg/m 3 PM2.5 0.3 µg/m 3 1.2 µg/m 3 NO2 1.0 µg/m 3 CO 0.5 mg/m 3 2 mg/m 3 (3-28-23) 45. Source. A stationary source. (3-28-23) 46. Source Operation. The last operation preceding the emission of air pollutants when this operation: (3-28-23) a. Results in the separation of the air pollutants from the process materials or in the conversion of th e process materials into air pollutants, as in the case of fuel combustion; and (3-28-23) b. Is not an air cleaning device. (3-28-23) 47. Stack. Any point in a source arranged to conduct emissions to the ambient air, including a chimney , flue, conduit, or duct but not including flares. (3-28-23) 48. Stationary Source. Any building, structure, facility, emissions unit, or installation which emits o r may emit any air pollutant. The fugitive emissions shall not be considered in determining whether a permit is require d unless required by federal law. (3-28-23) 49. Tier I Source. Any of the following: (3-28-23) a. Any source located at any major facility as defined in Section 008; (3-28-23) b. Any source, including an area source, subject to a standard, limitation, or other requirement unde r 42 U.S.C. Section 7411 or 40 CFR Part 60, and required by EPA to obtain a Part 70 permit; (3-28-23) c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C

wing: (3-28-23) a. Any source located at any major facility as defined in Section 008; (3-28-23) b. Any source, including an area source, subject to a standard, limitation, or other requirement unde r 42 U.S.C. Section 7411 or 40 CFR Part 60, and required by EPA to obtain a Part 70 permit; (3-28-23) c. Any source, including an area source, subject to a standard or other requirement under 42 U.S.C . Section 7412, 40 CFR Part 61 or 40 CFR Part 63, and required by EPA to obtain a Part 70 permit, except that a sourc e is not required to obtain a permit solely because it is subject to requirements under 42 U.S.C. Section 7412(r); (3-28-23) d. Any Phase II source; and (3-28-23) e. Any source in a source category designated by the Department. (3-28-23) 50. Toxic Air Pollutant. An air pollutant that has been determined by the Department to be by it s nature, toxic to human or animal life or vegetation and listed in Section 585 or 586. (3-28-23) 51. TRS (Total Reduced Sulfur). Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfid e and any other organic sulfide present. (3-28-23) 52. Unclassifiable Area. An area which, because of a lack of adequate data, is unable to be classified pursuant to 42 U.S.C. Section 7407(d) as either an attainment or a nonattainment area. (3-28-23) 53. Uncontrolled Emission. An emission which has not been treated by control equipment. (3-28-23) 007. DEFINITIONS FOR THE PURPOSES OF SECTIONS 200 THROUGH 228 AND 400 THROUGH 461. 01. Agricultural Activities and Services. For the purposes of Subsection 222.02.f., the usual an d customary activities of cultivating the soil, producing crops and raising livestock for use and consumption. Agricultural activities and services do not include manufacturing, bulk storage, handling for resale or the formulation of any agricultural chemical listed in Sections 585 or 586. (3-28-23) 02. Baseline Actual Emissions. The rate of emissions, in tons per year, of a regulated air pollutant as determined by the following provisions: (3-28-23) a

g crops and raising livestock for use and consumption. Agricultural activities and services do not include manufacturing, bulk storage, handling for resale or the formulation of any agricultural chemical listed in Sections 585 or 586. (3-28-23) 02. Baseline Actual Emissions. The rate of emissions, in tons per year, of a regulated air pollutant as determined by the following provisions: (3-28-23) a. For any existing electric utility steam generating unit, baseline actual emissions means the averag e rate, in tons per year, at which the unit actually emitted the regulated air pollutant during any consecutive twenty-fou r (24) month period selected by the owner or operator within the five (5) year period immediately preceding when th e owner or operator begins actual construction of the project. The Department will allow the use of a different tim e period upon a determination that it is more representative of normal source operation. The average rate must: (3-28-23) i. Include fugitive emissions to the extent quantifiable, and emissions associated with startups , shutdowns, and malfunctions. (3-28-23) ii. Be adjusted downward to exclude any non-compliant emissions that occurred while the source wa s operating above any emission limitation that was legally enforceable during the consecutive twenty-four (24) mont h period. (3-28-23) iii. For a regulated air pollutant, when a project involves multiple emissions units, use only one (1 ) consecutive twenty-four (24) month period to determine the baseline actual emissions for all the emissions unit s being changed. A different consecutive twenty-four (24) month period can be used for each regulated air pollutant. (3-28-23) iv. Not be based on any consecutive twenty-four (24) month period for which there is inadequat e information for determining annual emissions, in tons per year, and for adjusting this amount if required b y Subsection 007.02.a.ii. (3-28-23) b

ons for all the emissions unit s being changed. A different consecutive twenty-four (24) month period can be used for each regulated air pollutant. (3-28-23) iv. Not be based on any consecutive twenty-four (24) month period for which there is inadequat e information for determining annual emissions, in tons per year, and for adjusting this amount if required b y Subsection 007.02.a.ii. (3-28-23) b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actua l emissions means the average rate, in tons per year, at which the emissions unit actually emitted the regulated ai r pollutant during any consecutive twenty-four (24) month period selected by the owner or operator within the ten (10) year period immediately preceding either the date the owner or operator begins actual construction of the project, o r the date a complete permit application is received by the Department for a permit required under these rules , whichever is earlier, except that the ten (10) year period must not include any period earlier than November 15, 1990 . The average rate must: (3-28-23) i. Include fugitive emissions to the extent quantifiable, and emissions associated with startups , shutdowns, and malfunctions. (3-28-23) ii. Be adjusted downward to exclude any non-compliant emissions that occurred while the source wa s operating above an emission limitation that was legally enforceable during the consecutive twenty-four (24) mont h period. (3-28-23) iii. Be adjusted downward to exclude any emission limitation with which the source must currentl y comply, had such source been required to comply with such limitations during the consecutive twenty-four (24 ) month period; however, if an emission limitation is part of a standard or other requirement under 40 CFR Part 63, th e baseline actual emissions need only be adjusted if the Department has taken credit for such emissions reductions in an attainment demonstration or maintenance plan. (3-28-23) iv

had such source been required to comply with such limitations during the consecutive twenty-four (24 ) month period; however, if an emission limitation is part of a standard or other requirement under 40 CFR Part 63, th e baseline actual emissions need only be adjusted if the Department has taken credit for such emissions reductions in an attainment demonstration or maintenance plan. (3-28-23) iv. For a regulated air pollutant, when a project involves multiple emissions units, use only one (1 ) consecutive twenty-four (24) month period to determine the baseline actual emissions for all the emissions unit s being changed. A different consecutive twenty-four (24) month period can be used for each regulated air pollutant. (3-28-23) v. Not be based on any consecutive twenty-four (24) month period for which there is inadequat e information for determining annual emissions, in tons per year, and for adjusting this amount if required b y Subsections 007.02.b.ii. and 007.02.b.iii. (3-28-23) c. For a new emissions unit, the baseline actual emissions for purposes of determining the emission s increase that will result from the initial construction and operation of such unit must: equal zero (0) and, thereafter, for all other purposes, equal the unit’s potential to emit. (3-28-23) d. For a plant-wide applicability limit (PAL) for a stationary source, the baseline actual emission s must be calculated for existing electric utility steam generating units in accordance with the procedures contained i n Subsection 007.02.a, for other existing emissions units in accordance with the procedures contained in Subsection 007.02.b., and for a new emissions unit in accordance with the procedures contained in Subsection 007.02.c. (3-28-23) 03. Emissions Increase. The amount by which projected actual emissions exceed baseline actua l emissions of an emissions unit. (3-28-23) 04. Net Emissions Increase. For purposes of Sections 204 and 205, a net emissions increase is define d by the federal regulations incorporated by reference

and for a new emissions unit in accordance with the procedures contained in Subsection 007.02.c. (3-28-23) 03. Emissions Increase. The amount by which projected actual emissions exceed baseline actua l emissions of an emissions unit. (3-28-23) 04. Net Emissions Increase. For purposes of Sections 204 and 205, a net emissions increase is define d by the federal regulations incorporated by reference. For purposes of Section 210, a net emissions increase is an emissions increase from a particular modification plus any other increases and decreases in actual emissions at th e facility that are creditable and contemporaneous with the particular modification, where: (3-28-23) a. A creditable increase or decrease in actual emissions is contemporaneous with a particular modification if it occurs between the date five (5) years before the commencement of construction or modification o n the particular change and the date that the increase from the particular modification occurs. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred an d eighty (180) days; (3-28-23) b. A decrease in actual emissions is creditable only if it satisfies the requirements for emission reduction credits (Section 460) and has approximately the same qualitative significance for public health and welfar e as that attributed to the increase from the particular modification and is federally enforceable at and after the time tha t construction of the modification commences. (3-28-23) c. The increase in toxic air pollutant emissions from an already operating or permitted source is no t included in the calculation of the net emissions increase for a proposed new source or modification if: (3-28-23) i. The already operating or permitted source commenced construction or modification prior to July 1 , 1995; or (3-28-23) ii

tha t construction of the modification commences. (3-28-23) c. The increase in toxic air pollutant emissions from an already operating or permitted source is no t included in the calculation of the net emissions increase for a proposed new source or modification if: (3-28-23) i. The already operating or permitted source commenced construction or modification prior to July 1 , 1995; or (3-28-23) ii. The uncontrolled emission rate from the already operating or permitted source is ten per cent (10% ) or less of the applicable screening emissions level listed in Section 585 or 586; or (3-28-23) iii. The already operating or permitted source is an environmental remediation source subject to o r regulated by the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901-6992k) and IDAPA 58.01.05 , “Idaho Rules and Standards for Hazardous Waste,” (IDAPA 58.01.05.000 et seq.) or the Comprehensiv e Environmental Response, Compensation and Liability Act (42 U.S.C. 6901-6992k) or a consent order. (3-28-23) 05. Projected Actual Emissions. (3-28-23) a. The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emi t a regulated air pollutant in any one (1) of the five (5) years (twelve (12) month period) following the date the uni t resumes regular operation after the project, or in any one (1) of the ten (10) years following that date, if the projec t involves increasing the emissions unit’s design capacity or its potential to emit that regulated air pollutant and ful l utilization of the unit would result in a significant emissions increase or a significant net emissions increase at an existing major stationary source. (3-28-23) b. In determining the projected actual emissions, the owner or operator of the stationary source: (3-28-23) i

ojec t involves increasing the emissions unit’s design capacity or its potential to emit that regulated air pollutant and ful l utilization of the unit would result in a significant emissions increase or a significant net emissions increase at an existing major stationary source. (3-28-23) b. In determining the projected actual emissions, the owner or operator of the stationary source: (3-28-23) i. Shall consider all relevant information including, but not limited to, historical operational data, th e company’s own representations, the company’s expected business activity and the company’s highest projections o f business activity, the company’s filings with state or federal regulatory authorities, and compliance plans under th e approved state implementation plan; and (3-28-23) ii. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups , shutdowns, and malfunctions; and (3-28-23) iii. Shall exclude, in calculating any increase in emissions that results from the particular project, tha t portion of the unit’s emissions following the project that an existing unit could have accommodated during th e consecutive twenty-four (24) month period used to establish the baseline actual emissions and that are also unrelate d to the particular project, including any increased utilization due to product demand growth; or (3-28-23) iv. In lieu of using the method set out in Subsections 007.05.b.i. through 007.05.b.iii., may elect to us e the emissions unit’s potential to emit, in tons per year. (3-28-23) 06. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the applicable air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicabl e ambient air quality standard by the required date. (3-28-23) 07. Sensitive Receptor

i. through 007.05.b.iii., may elect to us e the emissions unit’s potential to emit, in tons per year. (3-28-23) 06. Reasonable Further Progress (RFP). Annual incremental reductions in emissions of the applicable air pollutant as identified in the SIP which are sufficient to provide for attainment of the applicabl e ambient air quality standard by the required date. (3-28-23) 07. Sensitive Receptor. Any residence, building or location occupied or frequented by persons who , due to age, infirmity or other health-based criteria, may be more susceptible to the deleterious effects of a toxic ai r pollutant than the general population including, but not limited to, elementary and secondary schools, day car e centers, playgrounds and parks, hospitals, clinics and nursing homes. (3-28-23) 08. Short Term Source. Any new stationary source or modification to an existing source, with a n operational life no greater than five (5) years from the inception of any operations to the cessation of actua l operations. (3-28-23)