PROPOSED ACTION ON REGULATIONS

961

MARYLAND REGISTER, VOL. 37, ISSUE 14, FRIDAY, JULY 2, 2010

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT

Subtitle 11 AIR QUALITY 

Notice of Proposed Action

[10-174-P]

The Secretary of the Environment proposes to amend: 

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulation .01 under COMAR 26.11.09 Control of FuelBurning Equipment, Stationary Internal Combustion Engines, 

and Certain Fuel-Burning Installations. 

Statement of Purpose

The purpose of this action is to remove the word "furnace" from 

the definition of fuel-burning equipment in COMAR 

26.11.01.01B(17) and to remove the definition ―fuel-burning 

equipment‖ from COMAR 26.11.09.01.

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland's State 

Implementation Plan.

Background:

The term "fuel-burning equipment" was originally defined in order 

to differentiate between a boiler that involves the indirect heating of 

air or water and fuel-burning installations that involve direct heat 

exchange. A fuel-burning installation, such as a kiln, is subject to the 

general requirements for SO2 and particulate matter whereas fuel 

burning equipment is subject to different standards in the form of 

pounds per million Btu per hour heat input or the sulfur content of the 

fuel.

Since a "furnace" is usually direct heat exchange, it should not be 

included in the definition of fuel-burning equipment. There are few, 

if any, examples of indirect heat exchange furnaces. Additionally, 

EPA has suggested that the term "furnace" in that definition is not 

consistent with federal requirements for boilers such as in the NOx

RACT requirements for non-trading sources.

There is no federal definition of the term "fuel-burning 

equipment". However, the term "fuel-burning equipment" is 

consistent with the federal definition of the term "boiler".

Sources Affected:

The Department has found only one indirect heat exchange 

furnace in the State. That furnace, however, has been subject to the 

general requirements as a fuel-burning installation. Therefore, to the 

Department's knowledge there are no sources affected by this 

amendment.

Emission Reduction:

No emission reduction will occur as a result of this amendment.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on August 4, 2010, at 10 a.m. at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor Aeris 

Conference Room, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Deborah Rabin, Regulations Coordinator, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to drabin@mde.state.md.us. 

Comments must be received not later than August 4, 2010, or be 

submitted at the hearing. For more information, call Deborah Rabin 

at 410-537-3240.

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

Anyone needing special accommodations at the public hearing 

should contact the Department's Fair Practices Office at 410-537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged)

B. Terms Defined. 

(1) — (16) (text unchanged)

(17) "Fuel-burning equipment" means any: 

(a) Boiler [or furnace] that has the primary function of 

heating air, water, or any other medium through indirect heat transfer 

from the burning of fuels; or 

(b) (text unchanged) 

(18) — (53) (text unchanged)

C. — D. (text unchanged)

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-Burning Installations 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged) 

B. Terms Defined. 

(1) — (7) (text unchanged)

[(8) "Fuel-burning equipment" means any:

(a) Boiler or furnace that has the primary function of heating 

air, water, or any other medium through indirect heat transfer from 

the burning of fuels; or

(b) Stationary internal combustion engine or stationary 

combustion turbine used to produce mechanical or electrical energy.]

[(9)] (8) — [(23)] (22) (text unchanged)

SHARI T. WILSON

Secretary of the Environment