PROPOSED ACTION ON REGULATIONS 

101

MARYLAND REGISTER, VOLUME 38, ISSUE 2, FRIDAY, JANUARY 14, 2011 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[11-030-P] 

The Secretary of the Environment proposes to amend: 

(1) Regulation .01 under COMAR 26.11.01 General 

Administrative Provisions; 

(2) Regulations .01 and .12 under COMAR 26.11.02 Permits, 

Approvals, and Registration; and 

(3) Regulation .14 under COMAR 26.11.06 General Emission 

Standards, Prohibitions, and Restrictions. 

Statement of Purpose 

The purpose of this action is to implement the requirements of the 

U.S. Environmental Protection Agency’s (EPA) final Prevention of 

Significant Deterioration and Title V Greenhouse Gas Tailoring Rule 

(Tailoring Rule), which was published in the Federal Register on 

June 3, 2010 (75 FR 31514). 

The Tailoring Rule limits the applicability of the existing 

Prevention of Significant Deterioration (PSD) and Title V operating 

permit requirements of the federal Clean Air Act (CAA) as of 

January 2, 2011, so that it does not apply to all stationary sources that 

emit or have the potential to emit greenhouse gases (GHGs) at the 

100 or 250 tons per year (tpy) levels provided under the CAA. 

(January 2, 2011, is the date when EPA’s recently promulgated 

Light-Duty Vehicle Rule takes effect, imposing control requirements 

for the first time on GHGs.) 

Excluding applicability of the PSD and Title V operating permit 

requirements to the 100 and 250 tpy thresholds will exclude very 

small sources, such as apartment buildings, office buildings, and 

restaurants. The Tailoring Rule phases in the applicability thresholds 

for both the PSD and Title V operating permit programs for sources 

of GHG emissions, by establishing the first two steps of the phase-in 

for the largest emitters of GHGs. This is the first phase of regulating 

greenhouse gas emissions and supports Maryland law requiring a 

reduction in greenhouse gas emissions. 

Submission to EPA for Approval 

The appropriate parts of this action will be submitted to EPA for 

approval as part of Maryland’s State Implementation Plan and Title V 

Program. The Department will request approval of the regulations in 

their entirety. 

Requirements of EPA’s Tailoring Rule 

EPA will phase in the CAA permitting requirements for GHGs in 

two initial steps. 

Step 1. January 2, 2011 — June 30, 2011 (first 6 months) 

• Only those sources currently subject to the PSD permitting 

program anyway, due to their emissions of non-GHG pollutants (i.e., 

those that are newly constructed or modified in a way that 

significantly increases emissions of a pollutant other than GHGs), 

would be subject to permitting requirements for their GHG emissions 

under PSD. 

• For these projects, only GHG increases of 75,000 tpy or more of 

total GHG, on a CO2e basis, would need to determine the Best 

Available Control Technology (BACT) for their GHG emissions. 

• Similarly for the Title V operating permit program, only those 

sources currently subject to the program anyway, due to their 

emissions of non-GHG pollutants (i.e., newly constructed or existing 

major sources for a pollutant other than GHGs), would be subject to 

Title V operating permit requirements for GHG. 

• During Step 1, no sources would be subject to Clean Air Act 

permitting requirements due solely to GHG emissions. 

Step 2 July 1, 2011 — June 30, 2013 ( 2-year period) 

• For the first time, PSD permitting requirements will cover new 

construction projects that emit GHG emissions of at least 100,000 tpy 

even if they do not exceed the permitting thresholds for any other 

pollutant. Modifications at existing facilities that increase GHG 

emissions by at least 75,000 tpy will be subject to permitting 

requirements, even if they do not significantly increase emissions of 

any other pollutant. 

• For the first time, Title V operating permit requirements will 

apply to sources based on their GHG emissions even if they would 

not apply based on emissions of any other pollutant. Facilities that 

emit at least 100,000 tpy CO2e will be subject to Title V permitting 

requirements. 

EPA estimates that about 550 sources nationwide will need to 

obtain Title V permits for the first time due to their GHG emissions. 

The majority of these newly permitted sources will likely be solid 

waste landfills and industrial manufacturers. It is expected that 

nationally there will be approximately 900 additional PSD permitting 

actions each year triggered by increases in GHG emissions from new 

and modified emission sources. 

Future Steps 

The Tailoring Rule also commits EPA to certain follow-up actions 

regarding future steps to address smaller sources: 

• In 2011, EPA will propose or solicit comment on a Supplemental 

Notice of Proposed Rulemaking (SNPR) in which EPA will propose 

a third step for phasing in GHG permitting for more sources, 

beginning by July 1, 2013, and may propose or solicit comment on 

whether certain smaller sources should be permanently excluded 

from permitting. 

• EPA also will explore viable streamlining options for future 

GHG permitting to significantly reduce permitting burdens. 

• By April 30, 2015, EPA will complete a study to evaluate the 

status of PSD and Title V permitting for GHG sources, including 

progress in developing streamlining techniques. EPA may decide 

that: (1) successful streamlining will allow EPA to phase in more 

sources, or (2) certain smaller sources need to be permanently 

excluded from permitting. EPA will complete further rulemaking 

based on that study by April 30, 2016, to address the permitting of 

smaller sources. 

• No sources with greenhouse gas emissions below 50,000 tpy, 

and no modification of a source resulting in net GHG increases of 

less than 50,000 tpy will be subject to PSD or Title V permitting 

before at least April 30, 2016. 

Regulated Pollutants 

EPA’s Tailoring Rule addresses the emissions of a group of six 

GHGs: 

1. Carbon dioxide (CO2) 

2. Methane (CH4) 

3. Nitrous oxide (N2O) 

4. Hydrofluorocarbons (HFCs) 

5. Perfluorocarbons (PFCs) 

6. Sulfur hexafluoride (SF6) 

Some of these GHGs have a higher global warming potential than 

others. To address these differences, the international standard 

practice is to express GHGs in carbon dioxide equivalents (CO2e). 

CO2e is calculated by multiplying the mass emissions for each of the 

six GHGs that a source emits by that GHG’s global warming 

potential (published in Table A-1 to Subpart A of 40 CFR Part 98, 

“Global Warming Potentials,” 74 FR 56395), and then summing the 

results of those calculations. Under the Tailoring Rule, EPA is using 

CO2e as the metric for determining whether a source triggers PSD 

and Title V permitting applicability for GHGs. 
PROPOSED ACTION ON REGULATIONS 

102 

MARYLAND REGISTER, VOLUME 38, ISSUE 2, FRIDAY, JANUARY 14, 2011 

Explanation of Specific Amendments 

The following regulations under COMAR 26.11 have been 

amended to implement the Tailoring Rule requirements: 

1. COMAR 26.11.01.01B — definitions were added for: 

• CO2 equivalent emissions (CO2e), which includes the calculation 

procedure. 

• Greenhouse gases (GHG), meaning the aggregate group of six 

greenhouse gases. 

2. COMAR 26.11.01.01B (37) and COMAR 26.11.06.14 — The 

PSD program requirements have been updated to include EPA’s 

Tailoring Rule requirements. 

3. COMAR 26.11.02.01B(44) — expanded the definition of 

“regulated air pollutant” by adding greenhouse gas as defined under 

COMAR 26.11.01.01B(18-1) and subject to regulation under EPA’s 

final PSD and Title V Tailoring Rule. 

4. COMAR 26.11.02.01C(1) — the definition of “major source” 

has been amended to include sources of GHG subject to regulation 

under 40 CFR 70.2, as amended by the Tailoring Rule. 

5. COMAR 26.11.02.12 — provides that the procedures for 

obtaining a permit to construct apply to GHG sources to which 40 

CFR 52.21(b)(49(iv) or (v) apply. 

Background 

On April 2, 2007, the Supreme Court found that GHGs, including 

carbon dioxide, are air pollutants covered by the CAA. Massachusetts 

v. EPA, 549 U.S. 497 (2007). 

The Supreme Court found that EPA was required to determine 

whether or not emissions of GHGs from new motor vehicles cause or 

contribute to air pollution which may reasonably be anticipated to 

endanger public health or welfare, or whether the science was too 

uncertain to make a reasoned decision. In April 2009, EPA responded 

to the Court with a finding that greenhouse gases contribute to air 

pollution that may endanger public health or welfare. On December 

15, 2009, EPA published findings under Section 202(a) of the Clean 

Air Act that were a prerequisite to finalizing the GHG standards for 

light-duty vehicles. 

On April 1, 2010, EPA finalized the light duty vehicle rule 

controlling GHG emissions. This rule confirmed that January 2, 

2011, is the earliest date that a 2012 model year vehicle meeting 

these rule requirements may be sold in the U.S. This action triggered 

Clean Air Act permitting requirements under the PSD and Title V 

programs for GHG emissions. The Tailoring Rule represents the first 

time GHGs will be subject to either of these Clean Air Act permitting 

programs. 

Sources Affected 

Facilities responsible for nearly 70 percent of the national GHG 

emissions from stationary sources will be subject to permitting 

requirements under the Tailoring Rule. This includes the nation’s 

largest GHG emitters — power plants, refineries, and cement 

production facilities. 

The sources that are not covered by this rule at this time include 

small farms, restaurants, and all but the very largest commercial 

facilities. 

Emissions Reductions Expected from This Action 

The purpose of this action is to implement the requirements of 

EPA’s final PSD and Title V Tailoring Rule, which establish a 

phased-in approach to reducing GHG emissions. Greenhouse gas 

emissions will be reduced through implementation of the PSD 

program and through other State and federal regulatory actions. 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

I. Summary of Economic Impact. Step 1 of the Tailoring Rule 

will have a limited economic impact on affected sources. If an 

existing source is currently addressing another pollutant for PSD or in 

a Title V permit, then GHG requirements will also apply. 

Step 2 of the Tailoring Rule, which begins on July 1, 2011, 

imposes Title V and PSD permitting requirements on larger sources 

of GHG emissions even if they would not apply based on emissions 

of any other pollutants. 

The Department will handle Step 1 of the rule with existing staff. 

Staff requirements will be reevaluated for Step 2 and future steps as 

they are finalized by EPA. 

 Revenue (R+/R-) 

II. Types of Economic 

Impact. 

Expenditure 

(E+/E-) Magnitude 

 

A. On issuing agency: 

(1) Step 1 (1/2/2011 — 

6/30/11) NONE 

(2) Step 2 (7/1/11 — 

6/30/2013) (E+) 

Unable to 

Estimate 

B. On other State agencies: NONE 

C. On local governments: (E+) 

Unable to 

Estimate 

 

 

Benefit (+) 

Cost (-) Magnitude 

 

D. On regulated industries or trade groups: 

(1) Step 1 (1/2/2011 — 

6/30/11) (-) Minimal 

(2) Step 2 (7/1/11 — 

6/30/2013) (-) 

Unable to 

Estimate 

E. On other industries or 

trade groups: NONE 

F. Direct and indirect 

effects on public: (+) 

Unable to 

Estimate 

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.) 

A(1). The Department will handle Step 1 of the rule with existing 

staff. 

A(2). Staff requirements will be reevaluated for Step 2 and future 

steps as they are finalized by EPA. 

C. Local governments may be impacted if they have facilities 

(e.g., landfills) that would be newly subject to permitting 

requirements due to GHG emissions. Many local governments are 

already subject to permitting requirements as a result of non-GHG 

emissions. 

D(1). Step 1 of the Tailoring Rule will have a limited economic 

impact on affected sources. If a source is currently addressing another 

pollutant for PSD or in a Title V permit, then GHG requirements will 

also apply. 

D(2). Step 2 of the Tailoring Rule, which begins on July 1, 2011, 

imposes Title V and PSD permitting requirements on larger sources 

of GHG emissions even if they would not apply based on emissions 
PROPOSED ACTION ON REGULATIONS 

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MARYLAND REGISTER, VOLUME 38, ISSUE 2, FRIDAY, JANUARY 14, 2011 

of any other pollutants. 

F. The purpose of this action is to implement the requirements of 

EPA’s final PSD and Title V Tailoring Rule, which establish a 

phased-in approach to reducing GHG emissions. Greenhouse gas 

emissions will be reduced through implementation of the PSD 

program and through other State and federal regulatory actions. 

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 an impact on individuals with disabilities 

as follows: 

The purpose of this action is to implement the requirements of 

EPA’s final PSD and Title V Tailoring Rule, which establish a 

phased-in approach to reducing GHG emissions. Greenhouse gas 

emissions will be reduced through implementation of the PSD 

program and through other State and federal regulatory actions. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on February 15, 2011, at 10 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms, 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 February 16, 2011, 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) — (6) (text unchanged) 

(6-1) CO2 Equivalent Emissions (CO2e). 

(a) “CO2 equivalent emissions (CO2e)” means the amount 

of GHGs emitted. 

(b) “CO2 equivalent emissions (CO2e)”shall be computed as 

follows: 

(i) Multiply the mass amount of emissions (tpy), for each 

of the six greenhouse gases in the pollutant GHGs, by the gas’s 

associated global warming potential published at Table A–1 to 

Subpart A of 40 CFR Part 98 —Global Warming Potentials (74 FR 

56395); and 

(ii) Sum the resultant values from §B(6-1)(b)(i) of this 

regulation for each gas to compute a tpy CO2e. 

[(6-1)] (6-2) (text unchanged) 

(7) — (18) (text unchanged) 

(18-1) “Greenhouse gases (GHGs)”means the aggregate 

group of six greenhouse gases: 

(a) carbon dioxide (CO2); 

(b) methane (CH4); 

(c) nitrous oxide (N2O); 

(d) sulfur hexafluoride (SF6); 

(e) hydrofluorocarbons (HFCs); and 

(f) perfluorocarbons (PFCs). 

(19) — (36) (text unchanged) 

(37) “Prevention of Significant Deterioration (PSD) source” 

means any new or modified source subject to the provisions of 40 

CFR §52.21, as published in the [2008] 2009 edition, as amended by 

the “Prevention of Significant Deterioration and Title V Greenhouse 

Gas Tailoring Rule” (75 FR 31514), including: 

(a) Any of the following sources which emit, or have the 

potential to emit, 100 tons per year of any air pollutant, except for 

greenhouse gases, regulated under the federal Clean Air Act 

Amendments of 1977 (42 U.S.C. §7401 et seq.): 

(i) —(xxv) (text unchanged) 

(xxvi) Charcoal production plants; [and] 

(b) Any other source which emits or has the potential to emit 

250 tons per year or more of any air pollutant, except for greenhouse 

gases, regulated under the Federal Clean Air Act (42 U.S.C. 

§7401 et seq.)[.]; 

(c) Beginning January 2, 2011, sources of GHGs to which 

40 CFR 52.21(b)(49)(iv) applies; and 

(d) Beginning July 1, 2011, sources of GHGs to which 40 

CFR 52.21(b)(49)(v) applies. 

(38) — (53) (text unchanged) 

C. — D. (text unchanged) 

26.11.02 Permits, Approvals, and Registration 

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

303, 2-401, 2-403, and 2-404, Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) — (43) (text unchanged) 

(44) “Regulated air pollutant” means the following: 

(a) — (c) (text unchanged) 

(d) A Class I or II substance subject to a standard 

concerning stratospheric ozone protection promulgated under or 

established by Title VI of the Clean Air Act; [or] 

(e) A hazardous air pollutant subject to a standard 

promulgated under §112 or other requirements established under 

§112 of the Clean Air Act, including provisions for modifications 

under §112(g), provisions for equivalent emissions limitations by 

permit under §112(j), and provisions for prevention of accidental 

releases under §112(r) of the Clean Air Act, including the following: 

(i) (text unchanged) 

(ii) A pollutant for which the requirements of §112(g)(2) 

of the Clean Air Act have been met, but only with respect to the 

individual source subject to the §112(g)(2) requirement [.] ; or

(f) A greenhouse gas (GHG) as defined in COMAR 

26.11.01.01B(18-1) and subject to regulation under the “Prevention 

of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule” (75 FR 31514). 

(45) — (55) (text unchanged) 

C. Major Source. 

(1) “Major source” means a stationary source or group of 

stationary sources that are located on one or more contiguous or 

adjacent properties, and are under common control of the same 
PROPOSED ACTION ON REGULATIONS 

104 

MARYLAND REGISTER, VOLUME 38, ISSUE 2, FRIDAY, JANUARY 14, 2011 

person, or persons under common control, belonging to a single 

major industrial grouping and that is described as follows: 

(a) (text unchanged) 

(b) [A] Except as provided in §C(1)(d) of this regulation, a 

major stationary source of air pollutants, as defined in §302 of the 

Clean Air Act, that directly emits, or has the potential to emit, 100 

tons per year or more of any air pollutant including a major source of 

fugitive emissions of the pollutant, as determined by rule by the EPA; 

or

(c) A major stationary source as defined in Part D of Title I 

of the Clean Air Act, concerning nonattainment areas, including any 

stationary source which emits or has the potential to emit: 

(i) — (iii) (text unchanged) 

(iv) 100 tons per year or more of carbon monoxide for 

sources located in the areas designated as nonattainment for carbon 

monoxide in 40 CFR §81.321 (1992 edition).[.];

(d) A GHG source shall not be considered a major 

stationary source of any GHG under §C(1)(b) of this regulation 

unless it is subject to regulation under paragraphs (1) and (2) of the 

definition of “Subject to regulation” in 40 CFR 70.2, as amended by 

“Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule” (75 FR 31514).

(2) — (3) (text unchanged) 

.12 Procedures for Obtaining Approvals of PSD Sources and 

NSR Sources, Permits to Construct, Permit to Construct 

MACT Determinations On a Case-by-Case Basis in 

Accordance with 40 CFR Part 63, Subpart B, and Certain 

100-Ton Sources. 

A. Applicability. Except as provided in §B of this regulation, the 

owner or operator of a source shall comply with the procedures in 

this regulation when applying for the following: 

(1) (text unchanged) 

(2) Except as required in Regulation .11 of this chapter[,]

(a) [a] A permit to construct a source that, after the source is 

in compliance with all other applicable requirements of the State air 

pollution control law, has the potential to discharge to the atmosphere 

100 tons per year (91,000 kilograms) or more of [a]any pollutant 

except for greenhouse gases; 

(b) A permit to construct a source that, after the source is in 

compliance with all other applicable requirements of the State air 

pollution control law, is a GHG source to which 40 CFR 

52.21(b)(49)(iv) or (v) applies;

(3) — (4) (text unchanged ) 

B. — L. (text unchanged) 

26.11.06 General Emission Standards, 

Prohibitions, and Restrictions 

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

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

.14 Control of PSD Sources. 

A. (text unchanged) 

B. General Requirements. 

(1) A person may not construct, modify, or operate, or cause to 

be constructed, modified, or operated, a Prevention of Significant 

Deterioration (PSD) source, as defined in COMAR 

26.11.01.01B(37), which will result in violation of any provision of 

40 CFR §52.21, as published in the [2008] 2009 edition, as amended 

by the “Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule” (75 FR 31514). 

(2) (text unchanged) 

ROBERT M. SUMMERS, Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[11-025-P] 

The Secretary of the Environment proposes to amend: 

(1) Regulations .10 and .11 under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01 and .05 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 make minor administrative 

corrections to the Department’s opacity regulations that became 

effective May 17, 2010. 

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 Department’s opacity regulations include the general 

Continuous Opacity Monitor (COM) and Continuous Emission 

Monitor (CEM) requirements in COMAR 26.11.01.10 and .11, 

definitions in COMAR 26.11.09, and the requirements in COMAR 

26.11.09.05 that provide the procedures for demonstrating 

compliance with visible emissions requirements using COM data. 

Although the opacity regulations became effective on May 17, 2010, 

they must be administratively correct before they are submitted to 

EPA to be included in the approved SIP and federally enforceable. 

The opacity regulations are a first effort in removing the 

applicability of the Department’s TM 90-01 that contain the 

procedures for demonstrating compliance with visible emissions 

requirements using COM data. COMAR 26.11.09.05 was expanded 

to include those procedures as they apply to fuel-burning equipment. 

There are two other source categories for which opacity procedures 

must be established before removing the applicability of TM 90-01 

for COMs. The two categories are municipal waste combustors and 

Portland cement manufacturing plants. 

Sources Affected and Location 

These amendments affect only owners of large fuel-burning 

equipment required to install and operate COMs. 

Requirements 

These amendments are minor administrative corrections that are 

necessary before submitting the regulations to EPA. These 

amendments include: 

1. In COMAR 26.11.01.10A(1)(e) and .11A(1)(b), correct the size 

of a MWC required to install continuous monitors; 

2. In COMAR 26.11.01.10C(5), clarify that the QA/QC for COMs 

is now located in new COMAR 26.11.31; 

3. In COMAR 26.11.01.11B(3), clarify the pollutants to be 

continuously measured for MWCs, Kraft pulp mills, and fluidized 

bed combustors; 

4. In COMAR 26.11.09.05A(4)(d), correct the size of the low 

capacity factor units; 

5. In COMAR 26.11.09.05A(5) and (6), reinstate the paragraphs 

that were inadvertently omitted relating to the use of Method 9 

observations and the impact of excess emissions on ambient air; and 

6. In COMAR 26.11.09E, correct the references to reflect the 

relocation of this section.