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 Fuel Burning 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 ter m "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 f

uel - burning installation, such as a kiln, i s subject to the general requirements for SO 2 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 wi th federal requirements for boilers such as in the NO x 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 t he 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 Im pact 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 di sabilities. 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 Bo ulevard, 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 propo sed 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 healt h 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 u nchanged) (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, o r 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. W ILSON Secretary of the Environment