That's the legal term that refers to the power that's being created here--administrative discrimination. Ordinarily, one would regulate like things in a like manner. You need authority to administratively discriminate among like things and you need to stipulate the basis of that authority. That's what we've done here, so you could geographically differentiate as long as you came up with an equivalent health or environmental outcome. You could differentiate on the basis of the age of the technology or the age of the facility, if that is appropriate, to achieve the ultimate environmental objective.
We have a health and environment test here, and what we're doing is specifying the grounds on which regulations could differentiate among regulatees.