# SUPPORT DOCUMENT FOR COMAR 26.11.01 AND COMAR 26.11.31 SIP Revision #15-05

STANDARDS AND PROCEDURES FOR CONTINUOUS OPACITY MONITORS AND CONTINUOUS EMISSION MONITORS

PREPARED BY

AIR QUALITY PLANNING PROGRAM

January 10, 2011

Revised September 29, 2015, and November 20, 2015

### Introduction

The purpose of this document is to explain the changes that are proposed to the opacity or visible emissions requirements in Maryland as part of State Implementation Plan (SIP) Revision #15-05. The purpose of SIP Revision #15-05 is to incorporate into the SIP, various actions adopted by Maryland betw een 2010 and 2011. These actions added new definitions, aligned requirements and crea ted unique regulations for both continuous opacity monitors (COMs) and continuous emission monitors (CEMs), and adopted quality assurance procedures which incorpor ated and replaced procedures outlined in Technical Memorandum 90-01 (TM). The opac ity standards adopted by Maryland in 1991remain unchanged. This document presents an explanation of the changes in the regulations and a demonstration th at these changes remain equivalent to the current SIP. The opacity regulations were developed by EPA and incorporated by Maryland in the 1970s and 80s and generally state that emi ssions visible to the human observer are prohibited throughout the Baltimore/Washington metropolitan areas, whereas rural areas are subject to a 20% opacity standard. Th e opacity requirements prior to 2010 were generally under COMAR 26.11.01.10 and previ ously approved by EPA through the 1990s. During the 1990s, the method used to determine compliance with the opacity standard was an observation using the human eye, known as Method 9. With the advent of automated equipment that could conti nuously gauge and report opacity levels and could determine opacity levels below wh at the human eye could read, it became necessary to develop a policy to transition enforcement of th e regulations from a focus on manual technologies to au tomated technologies.

The proposed regulations introduce a con tinuous method for monitoring opacity in addition to the compliance process of Me thod 9. Although Maryland now has additional regulations under the Healthy Air Act and the Particulate Matter PM 2.5 

### SIP to control fine particulate, the opacity requirements are importa nt, especially in attainment areas, to limit particulate levels. Although th ere is no national policy regard ing opacity and states have a patchwork of stringency levels, the Departme nt has worked closel y with EPA Region 3 to ensure that the SIP is strengthened and not relaxed.

The proposed regulations for approval in this SIP Revision #15-05 were developed through four separate actions in the Maryland regulation deve lopment process. As noted in the Table of contents there are four pr oposed and final actions that affect COMAR 26.11.01, 26.11.09 and 26.11.31. Additional explanation and a detailed chart are included with this summary document.

Important note – As Maryland prepared to assemble this opacity SIP package and coordinate several pieces with EPA in 2015, it became apparent, due to evolving EPA guidance and regulations, that Maryland woul d need to revise opacity requirements established for Portland cement plants, muni cipal waste incinerators and fuel burning equipment prior to SIP submittal. The Department has amended regulations for Portland cement plants and municipal waste incinerato rs to conform to new EPA policies and will be submitting these actions in a separate SIP submittal. (A public hearing is scheduled for March 9, 2016 for the COMAR regulations) The Department will also need to amend

### opacity requirements for fuel burning equipmen t to comply with EPA policies, Therefore, Maryland is submitting this SIP package, but not including COMAR 26.11.09.01 and .05 regulations as part of the package.

Background Under existing regulations, fuel burning equipmen t, as well as other sources located in the Baltimore/Washington metropolitan areas, is subject to a no vi sible emissions (VE) requirement. In the rest of the state, sour ces are subject to a 20% opacity requirement unless other source-specific requirements ar e applicable. The VE of stacks can be measured by a person trained to use the obs ervational procedures in the EPA Test Method 9. The VE can also be measured using COMs in the stack. Whether the stack is equipped with a continuous opaci ty monitor or not, a Method 9 observational test can be performed. Maryland has revised regulations to incorporate tec hnologies that were developed through the 1990s and new monitoring technologies.

SIP Amendments to Existing CO M/CEM Requirements in COMAR 26.11.01 The existing SIP’d regulations .10 and .11 in this chapter use Continuous Opacity Monitors (COMs) and Continuous Emission Monitors (CEMs) interchangeably. The proposed SIP revisions disti nguish the two types of m onitoring and separate the requirements. The existing COMAR regulati ons.10 & .11 were rep ealed and replaced with new language addressing COMs in COMAR 26.11.01.10 and CEMs in COMAR 26.11.01.11, treating each separately, although the substantive requirements remain the

same.

The current regulation .10 and the Technica l Memorandum (TM) were submitted to EPA as a State Implementation Plan (SIP) revisi on and were approved into the SIP. The existing regulation .11 was not submitted to EPA for inclusion in the SIP.

As part of this SIP #15-05, both the revise d regulations .10 and .11 are submitted to EPA for approval. Also included in this SI P are the definition ch anges under regulation .01 and the reporting additions under regulation .05. For convenience, contact information for reporting test results was added in 26.11.01.05, but each of the affected sources has an assigned premise engineer.

The Department may use the COM data or th e observational procedures in Method 9 to determine compliance or non-compliance with opacity standards.

Amendments to COMAR 26.11.09 – NOT PART OF THIS SIP REVISION Due to evolving EPA guidance and regulati ons, the Fuel Burning Equipment opacity requirements will need to be revised before SIP approval. Therefore, Maryland is submitting this package but not includ ing COMAR 26.11.09.01 and .05 regulations as part of this SIP. Changes to 26.11.09 happened in the same action as some of the other COMAR revisions thus it is mentioned here . MDE has provided the current effective COMAR text and struck out this language with redline to indicate that this part of the action is not to be included in the SIP.

### Units with Flue Gas Desulfurization Installed In 2010, 9 of the 17 affected large fuel burni ng units installed flue gas desulfurization equipment (scrubbers). These scrubbers redu ced particulate matter and opacity. If the owner of the units that install scrubbers dem onstrates that the saturated plume from the scrubber interferes with accurate measuremen t of VE, the owner can install a CEM for particulate matter. If the CEM provides accu rate measurement for particulate matter, the source may discontinue use of the COM and pr ovide quarterly data for particulate matter emissions with approval from the Department . The source must provide an alternative plan for demonstrating compliance with VE requirements to the Department when the CEM is not generating data that includes a schedule for monthly Method 9 observations.

As noted earlier, sources subject to COM requirements have computer programs to manage the copious data generated by CO Ms. These programs assess compliance with the opacity standards continuous ly throughout the quarter and a quarterly report is issued to the Department. Under COMAR 26.11.01.07 (part of early SIP documents), any excess emissions or malfunctions lasting more than 1 hour must be reported immediately to the Department.

SIP Amendments to COMAR 26.11.31 The existing COMAR regulations for sma ll business pollution compliance loan funds were repealed and replaced with new langua ge addressing quality assurance (QA) and quality control (QC) procedures for COMs. References to 90-01 TM are no longer needed.

SIP Amendments to Remove the Technical Memorandum 90-01 (TM) The proposed SIP actions remove the need for the 90-01 TM. (The TM was part of SIP 91-04). The 90-01TM will be proposed for removal from the SIP, when the last reference to the TM is removed in 2016.

### SIP EQUIVALENCY TABLE SUMMARY COMAR 26.11.01.01, .05, .10 & .11

The SIP Equivalency Table compares the additions to existing COMAR 26.11.01 to the total proposed amendment actions for COMAR 26.11.01 relating to opacity (through November 2015). The existing regula tions are those prior to May 2010.

As stated earlier in the document, the ex isting regulation 26.11.01.10 is in the approved SIP while existing regulati on 26.11.01.11 is not. The existi ng regulations comingle requirements for continuous emission monitors (CEMs) and continuous opacity monitors (COMs). For clarity, requirements for conti nuous emission monitors are transferred to new 26.11.01.11 and requirements for continuous op acity monitors are retained in new 26.11.01.10.

The left side of the table contains relevant existing regulations 26.11.01.01, .05, and .10. After each existing regulation or portion of th e regulation, the location of the comparable requirement in the proposed amendments is given in red.

The right side of the table contains the text of the propos ed SIP amendments. Equivalent requirements from existing as relocated are not always opposite each other in the table. Additionally the creation of 26.11.01.10 (COMS) & .11(CEMS) happened over 3 proposed actions to COMAR. Thus;

o The text that existed prior to the first proposal is shown in black.

o The text as added from the first proposal (January 29, 2010) is in green highlight. Eff 5/17/10

o The text from the second proposal (January 14, 2011) is in yellow highlight. Eff 8/22/11

o The text from the third proposal (Apr il 22, 2011) is in blue highlight. Eff 8/22/11

Special Note: (1) 26.11.01.10 (F) Fuel burning equipment reference pointing to 26.11.31, QA for COMs, is included with this SIP. Othe r details for Fuel burning equipment COMs under 26.11.09 are not part of this SIP pack age. Those actions will be part of a separate SIP.

(2) An additional change to COMAR 26.11.01.10.A(5) & F (COMS) has been adopted and is in effect as of 7/20/ 15, and is included with SIP 15-04 (Cement Plants Controls). This text is sh own in orange for reference only.

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.01 Definitions.

B.(9) "Continuous emission monitor (CEM)" means a system of instruments installed, operated, and calibrated in accordance with the proced ures in this subtitle to continuously measure and re cord the opacity, emission rate, or concentration of a substance in a gas stream. This definition is in our existing regulations but was not formerly part of the SIP. The word opacity was removed from before the words emission
rate. 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.01 Definitions.

(9) "Continuous emission monitor (CEM)" means a system of instruments installed, operated, and calibrated in accordance with the proced ures in this subtitle to continuously measure and reco rd the emission rate or concentration of a substance in a gas stream.

(9-1) "Continuous opacity monitor (COM)" means a system of instruments installed, operated, and calibrated in accordance with the proced ures in this subtitle to continuously measure and reco rd the opacity of emissions as six-minute averages of not greater than 15 second increments. This definition is new and its purpose is to clarify the difference in handling between c ontinuous emission monitors and continuous opacity monitors.



## .05 Records and Information.

C. Whenever a provision in this subtitle requires submission or reporting of test results, reports, or other information to the Department, unless otherwise specified, the information shall be submitted to:

Program Manager Air Quality Compliance Program Maryland Department of the Environment

1800 Washington Boulevard, Suite 715 Baltimore, Maryland 21230 410-537-4225

D. Unless otherwise specified, all records, documentation or other information required by this subtitle, shall be maintained on-site and made available to the Department upon request. The requirement to submit reports to the Department exists. The identification of a speci fic entity to receive the report is

new.

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

The requirements of this regulation must be maintained in the SIP. Currently this regulation applies to both CEMs and COMs. The CEM requirements must be transferred to regulation .11 (now the CEM regulation being submitted for approval into the SIP). The current COM requirements must be retained in regulation .10.

A. Applicability and Exceptions.

(1) The provisions of this regulation apply to a person that owns or operates any fuel burning equipment burning coal or fuel oil that has a ra ted heat input capacity of 250 million Btu per hour or greater. Maintained CEM requirement in 26.11.01.11A(1)(a) which lowers the applicability threshold to be more inclusive. Revision mainta ins COM requirement in revised 26.11.01.10A(1)(a).

(2) A person subject to this regulation may also be subject to the requirements of 40 CFR 60 which is incorporated by reference, and 40 CFR 75. Maintained CEM requirement in 26.11.01.11A(2). Re vision maintains COM requirement in revised 26.11.01.10A(2).

(3) A CEM is not required for fuel burning equipment that:

(a) Burns only distillate fuel oil or a mixture of gas and distillate fuel oil;

(b) Is able to comply with the applicable particulate matter and opacity regulations without utilization of particulate matter control equipment; and

(c) Has never been found in a final order to be in violation of any visible emission standard. Revision maintains COM requirement in revised 26.11.01.10A(3). 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Opacity Monitoring Requirements.

A. Applicability and Exceptions.

(1) The provisions of this regulation apply to:

(a) Fuel burning equipment burning coal, fuel oil, tars, or waste combustible fluid at any time and that has a rated heat input capacity of 250 million Btu per hour or greater;

(b) Fuel burning equipment burning coal with a rated heat input capacity of 100 million Btu per hour or greater but less than 250 million Btu per hour and was constructed on or before June 19, 1984;

(c) A cement kiln;

(d) A fluidized bed combustor of any size; and

(e) A municipal waste combustor with a burning capacity [ greater than ] of 35 tons or greater per day.

(2) The owner or operator of an installation subject to this regulation may also be subject to the requirements of 40 CFR Parts 60 and 75, as amended.

(3) This regulation does not apply to fuel burning equipment that:

(a) Burns only distillate fuel oil or a mixture of gas and distillate fuel oil;

(b) Is able to comply with the applicable particulate matter and opacity emission limitations without using particulate matter control equipment; and

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

B. Monitoring Requirements.

(1) Except as provided in § A of this regulation, a person owning or operating fuel burning equipment with a heat input capacity of 250 million Btu per hour or greater and burning coal or fuel oil shall install and operate a CEM to measure and record opacity. Requirement now established in revised 26.11.01.10A(1).

(2) Any CEM that is required by this regulation shall be operated, maintained, and calibrated to provide continuous valid data for each operating day, except that data is not required to be provided during:

(a) The time required under an approved quality assurance plan to perform adjustments, checks, calibrations, and scheduled maintenance; and

(b) CEM equipment malfunctions lasting not more than 2 hours per operating day. Maintained CEM requirement in 26.11.01.11B(4). Revision maintain s COM requirement in revised 26.11.01.10D(1)(c).

(3) Except as otherwise approved by the Department, a person who reports a CEM system downtime in accordance with § G(1) of this regulation may be required to use an alternative monitoring method approved by the Department. Maintained CEM requirement in 26.11.01.11B(4). Revision maintain s COM requirement in revised 26.11.01.10D(1)(c).

C. General CEM Installation Requirements. (1) A person subject to this regulation shall submit a CEM plan containing the CEM design specifications, proposed location, and a description of the proposed alternative measurement method required by Regulation .11B(7) of this chapter to the Department for approval before installation of the CEM. Maintained CEM requirement in 26.11.01.11B(1). Revision mainta ins COM requirement in revised 26.11.01.10B(1)(b). 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Opacity Monitoring Requirements.

(c) Has never been found in a final order to be in violation of any visible emissions standard.

(4) The owner or operator of fuel burning equipment subject to this regulation may, with approval by the Department, discontinue use of a COM only in accordance with the pr ovisions in COMAR 26.11.09.05C.

(5) The owner or operator of a cement manufacturing installation may discontinue us e of a COM when a PM CPMS is installed and operated in ac cordance with the requirements of COMAR 26.11.30. Text EFFECTIVE 7/20/15 with SIP 15-04 (Cement Plants)

B. General Requirements for COMs.

(1) The owner or operator of an installation subject to this regulation shall:

(a) Install and continuously operate a COM that complies with a plan approved by the Department and EPA in accordance with §B(1 )(b) of this regulation; and

(b) Before installing a COM, submit to the Department for approval, a plan containing the COM design specifications, proposed location, and a description of a proposed alternative measurement method consisting of a schedule for utilizing the EPA Reference Method 9 observational procedures.

(2) The Department shall submit the plan to EPA for review and approval.

(3) A COM shall comply with the applicable requirements in 40 CFR Part 51, Appendix P, Sections 3.3—3.9, as amended, which is incorporated by

### Existing Regulations in SIP Regulations Incorporating Proposed Changes



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

(2) A person who is required by this regulation to install a CEM shall comply with the applicable requirements in 40 CFR Part 51, Appendix P, § 3.3--3.8, which is incorporated by reference, and if an alternative procedure is to be used, in § 3.9. Alternative procedures shall be submitted to the U.S. EPA for approval. Revision maintains COM requirement in revised 26.11.01. 10B(3). In this case CEM only refers to COM.

D. CEM Installation and Certification Schedules.

(1) A person subject to this regulation or Regulation .11 of this chapter shall have all required CEM equipment installed, operating, maintained, calibrated, and certified not later than 12 months after the effective date of this regulation unless an alternative date is specified in an approved plan for compliance. Earlier compliance date has passed.

(2) Except as provided in §D(4) of this regulation, all certification testing, includin g certification performance tests and audits, shall be pe rformed in accordance with 40 CFR Part 60, Appendix B, which is incorporated by reference. Maintained CEM requirement in 26.11.01.11C. Revision maintains COM requirement in revised 26.11.01.10C(1).

(3) All certification testin g, including certification performance tests and audits, for sources subject to 42 U.S.C. 7401-----7671q, shall be performed in accordance with 40 CFR Part 75, Appendix A. Revision maintains COM requirement in revised 26.11.01.10C(2).

(4) A person required to perform a certification performance test shall: reference.


# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

. 10 Continuous Opacity Monitoring Requirements.

(4) The owner or operator of fuel burning equipment that is required by this regulation to install and operate a COM is subject to the provisions in COMAR 26.11.09.05.

C. Certification and Quality Assurance Procedures.

(1) All certification testing, including certification performance tests and audits, shall be performed in accordance with 40 CFR Part 60, Appendix B, as amended, which is incorporated by reference.

(2) For fuel burning equipment subject to the federal Acid Rain Program, all certification testing, including certification performance tests and audits, shall be performed in accordance with 40 CFR Part 75, Appendix A, as amended.

(3) Certification testing shall be repeated when the Department determines that the data are invalid because of component replacement or ot her conditions that affect the accuracy of generated data.

(4) The owner or operator that is required to perform a certification performance test shall:

a) At least 60 days before the test, submit a test protocol to the Department for review and approval;

(b) Schedule the test at a reasonable time and notify the Department at least 10 days before the test is to be conducted; and

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

(a) Submit a test protocol to the Department at least 60 days before the test for review and approval by the Department;

(b) Schedule the test at a reasonable time and notify the Department at least 10 days before the test is to be conducted; and

(c) Submit the test results to the Department not later than 45 days after the completion of the test. Maintained CEM requirement in 26.11.01.11C. Revision maintains COM requirement in revised 26.11.01.10C(4).

E. Quality Assurance Procedures for Opacity Monitors. An opacity monitor required by this regulation or Regulation .11 of this chapter shall meet the quality assurance procedures established in the Department's Air Management Administration Technical Memorandum 90- 01 "Continuous Emission Monitoring (CEM) Policies and Procedures" (October, 199 0), which is incorporated by reference. Replaced TM with 26.11.31 and requesting removal of the TM from the SIP.

F. Use of CEM Data. Except as provided in Regulation .11D(1) of this chapter, an opacity CEM installed pursuant to this regulation shall be used as an indication of whether proper maintenance and operating procedures are being utilized by source operators to maintain emission levels at or below emission standards. Maintained CEM requirement in 26.11.01.11D(1).

G. Record Keeping and Reporting Requirements.

(1) CEM System Downtime Reporting Requirements. 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

. 10 Continuous Opacity Monitoring Requirements.

(c) Submit the test results to the Department not later than 45 days after the completion of the test.

(5) The owner or operator of [ Fuel ] fuel burning equipment [ subject to the COM requirements in COMAR 26.11.09 ] required to install and operate a COM shall meet the quality assurance procedures contained in [ Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Procedures," Part II Quality Assurance Requirement s for Continuous Opacity Monitoring Systems ] COMAR 26.11.31

.
D. Record Keeping and Reporting Requirements.

(1) System Downtime Reporting Requirements.

(a) All COM downtime that lasts or is expected to last more than 24 hours shall be reported to the Department by telephone before 10 a.m. of the first regular business day following the first day on which downtime occurs.

(b) The COM downtime report shall include the reason, if known, for the breakdown and the estimated period of time that the COM will be down. The owner or operator shall notify the Department by telephone when the COM has met performance specifications for accuracy, reliability, and durability of acceptable monitoring systems, as provided in 40 CFR Part 51 Appendix P, and is producing data.

### Existing Regulations in SIP Regulations Incorporating Proposed Changes



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

(a) All CEM system downtime that lasts or is expected to last more than 24 hours shall be reported to the Department by telephone before 10 a.m. of the first regular business day following the breakdown. Maintained CEM requirement in 26.11.01.11E(1)(a). Revision mainta ins COM requirement in revised 26.11.01.10D(1)(a).

(b) The system breakdown report required by § G(1)(a) of this regulation shall include the reason, if known, for the breakdown and the estimated period of time that the CEM will be down. The owner or operator of the CEMshall notify the Department by telephone when an out-ofservice CEM is back in operation and producing valid data. Maintained CEM requirement in 26.11.01.11E(1)(b). Revision maintains COM requirement in revised 26.11.01.10D(1)(b).

(2) CEM Data Reporting Requirements.

(a) An opacity CEM shall automatically reduce all data to 6-minute block averages calculated from 36 or more equally spaced data points. Maintained CEM requirement in 26.11.01.11E(2)(a). Revision mainta ins COM requirement in revised 26.11.01.10D(2)(a).

(b) All test results shall be reported in a format approved by the Department. Maintained CEM requirement in 26.11.01.11E(2)(b). Revision mainta ins COM requirement in revised 26.11.01.10D(2)(b).

(c) Certification testing shall be repeated when the Department determines that the CEM data may be invalid because of component replac ement or other conditions that affect the quality of generated data. Maintained CEM requirement in 26.11.01.11E(2)(c). Revision maintains COM requirement in revised 26.11.01.10C(3). 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Opacity Monitoring Requirements.

(c) Except as otherwise approved by the Department and the EPA, a COM shall operat e in compliance with the requirements of §B(2) of this regulation and collect data for at least 95 percent of the source's operating time during any calendar quarter. The alternative measurement plan required in §B(1)(b) of this regulation shall be used at all times when the COM fails to conform to performance standards required by §B(2) of this regulation during data collection.

(2) Data Reporting Requirements.

(a) A COM shall automatically reduce all data to sixminute block averages calculated from 24 or more equally spaced data points.

(b) All COM data shall be reported in a format approved by the Department.

(c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar quarter. The report shall be in a format approved by the Department, and shall include the following:

(i) The cause, time periods, and the opacity of all emissions which exceed the applicable quarterly, daily and hourly emission standards as provided in COMAR 26.11.09.05A(4);

(ii) The COM and installation downtimes, including the time and date of the beginning and end of each downtime period, and whether the downtime was scheduled;

(iii) The cause of all COM downtime;

### Existing Regulations in SIP Regulations Incorporating Proposed Changes



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Emission (CEM) Monitoring Requirements.

(d) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar quarter. The report shall be in a format approved by the Department, and shall include the following:

(i)The cause, time periods, and magnitude of all emissions which exceed the applicable emission standards;

(ii) The source downtime including the time and date of the beginning and end of each downtime period and whether the source downtime was planned or unplanned;

(iii) The time periods and cause of all CEM downtime including records of any repairs, adjustments, or maintenance that may affect the validity of emission data;

(iv) Quarterly totals of excess emissions, installation downtime, and CEM downtime during the calendar quarter;

(v) Quarterly quality assurance activities; and

(vi) Daily calibration activities that include reference values, actual values, absolute or percent of span differences, and drift status; and

(vii) Other information required by the Department that is determined to be necessary to evaluate the data, to ensure that compliance is achieved, or to determine the applicability of this regulation.

(e) All information required by this regulation to be reported to the Department shall be retained and made available for review by the Department for a minimum of 2 years from the time the report is submitted. Maintained CEM requirement in 26.11.01.11E(2)(d). Revision maintains COM requirement in revised 26.11.01.10D(2)(e). 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.10 Continuous Opacity Monitoring Requirements.

(iv) The total operating time for the quarter, and the total time and percent of the operating time during the quarter that excess emissions occurred, and the percentage of COM downtime, during the calendar quarter;

(v) Quarterly quality assurance activities;

(vi) Daily calibration activities that include reference values, actual values, absolute or percent of span differences, and drift status;

(vii) Other information that the Department determines is necessary to evaluate the data or to ensure that compliance is achieved.

E. All information required by this regulation to be maintained or reported to the Department shall be retained and made available for review by the Department for a minimum of 5 years from the time the report is submitted.

F. Fuel burning equipmen t subject to the COM requirements in COMAR 26.11.09.05 and cement kilns subject to the COM requirements in COMAR 26.11.30 are subject to the COM requirements contained in COMAR 26.11.31 . Text EFFECTIVE 7/20/15 with SIP 15-04 (Cement Plants)

### Existing Regulations in SIP Regulations Incorporating Proposed Changes

.11 Additional CEM Installation Requirements (NOT IN previous SIP)

Text not applicable 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.11 Continuous Emission Monitoring Requirements.

A. Applicability and Exemptions.

(1) The provisions of this regulation apply to:

(a) Fuel-burning equipment burning coal that has a rated heat input capacity of 100 million Btu per hour or greater;

(b) Municipal waste combustors with a burning capacity [ greater than ] of 35 tons or greater per day;

(c) Fluidized bed combustors; and

(d) Kraft pulp mills.

(2) An owner or operator that is required to install a CEM under any federal requirement is also subject to all of the provisions of this regulation.

B. General Requirements for CEMs.

(1) An owner or operator subject to this regulation shall:

(a) Before installing a CEM, submit to the Department, for approval by the Department and EPA, a plan containing the CEM design specifications, proposed location, and a description of a proposed alternative measurement method; and

(b) Install and operate a CEM in accordance with the plan approved by the Department and EPA under the provisions of §B(1)(a) of this regulation.

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.11 Continuous Emission Monitoring Requirements.

(2) The owner or operator of fuel-burning equipment burning coal, with a heat input capacity of 100 million Btu per hour or greater, shall install CEMs to measure and record sulfur dioxide, nitrogen oxide, either oxygen or carbon dioxide, and flow.

(3) The owner or operator of:

(a) A municipal waste combustor (MWC) shall install [ a CEM in accordance with the requirements in COMAR 26.11.08.07 or 26.11.08.08, as applicable ] CEMs to measure and record SOx, NOx, carbon monoxide emissions and either CO 2 or oxygen ;

(b) A Kraft pulp mill shall install a CEM to measure and record [ process total reduced sulfur in accordance with COMAR 26.11.14.05 ] SO 2 and flow ; and

(c) A fluidized bed combustor of any size shall install CEMs to measure and record sulfur dioxide, nitrogen oxide and either oxygen or carbon dioxide.

(4) Except as otherwise approved by the Department, if the owner or operator is unable to obtain emissions data from CEMs because of a malfunction of the CEM for more than 2 hours in duration, the owner or operator shall use the alternative measurement method approved by the Department and EPA.

### Existing Regulations in SIP Regulations Incorporating Proposed Changes 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.11 Continuous Emission Monitoring Requirements.

C. Quality Assurance for CEMs. A CEM used to monitor a gas concentration shall meet the quality assurance criteria of 40 CFR Part 60, Appendix F, as amended, which is incorporated by reference, or, if applicable, the quality assurance criteria of 40 CFR Part 75, Appendix B, as amended.

D. Monitoring and Determining Compliance.

(1) General. A CEM required by this regulation is the primary method used by the Department to determine compliance or non-complian ce with the applicable emission standards established in any permit or approval, administrative or court order, Certificate of Public Convenience and Necessity, or regulation in this subtitle.

(2) Data Reduction. A CEM used to monitor a gas concentration shall record not less than four equally spaced data points per hour and automatically reduce data in terms of averaging times consistent with the applicable emission standard.

(3) Technical Memorandum. Except for fuel burning equipment subject to the COM requirements in COMAR26.11.09.05, use of COMs and CEMs for equipment purposes shall be as specified in the Department’s Air Management Administration Technical Memorandum 90

- 01”Continuous Emission Monitoring (C EM) Policies and Procedures, “ which is incorporated by reference. Added with 5/17/10 action, deleted with 8/22/11 action

### Existing Regulations in SIP Regulations Incorporating Proposed Changes



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.11 Continuous Emission Monitoring Requirements.
E. Record Keeping and Reporting Requirements. (1) CEM System Downtime Reporting Requirements. (a) All CEM system downtime that lasts or is expected to last more than 24 hours sh all be reported to the Department by telephone before 10 a.m. of the first regular business day following the breakdown. (b) The system breakdown report required by § E(1)(a) of this regulation shall include the reason, if known, for the breakdown and the estimated period of time that the CEM will be down. The owner or operator of the CEMshall notify the Department by telephone when an out-ofservice CEM is back in operation and producing data that has met performance specifications for accuracy, reliability, and durability of acceptable monitoring systems, as provided in COMAR 26.11.31, and is producing data. (2) CEM Data Repo rting Requirements. (a) All test results shall be reported in a format approved by the Department. (b) Certification testing shall be repeated when the Department determines that the CEM data may not meet performance specifications because of component replacement or other conditions that affect the quality of generated data. (c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar quarter. The report shall be in a format approved by the Department, and shall include the following: (i) The cause, time periods, and magnitude of all emissions which exceed the applicable emission standards; (ii) The source downtime including the time and date of the beginning and end of each downtime period and whether the source downtime was planned or unplanned; (iii) The time periods and cause of all CEM downtime including records of any re pairs, adjustments, or maintenance that may affect the ability of the CEM to meet performance specifications of emission data;

### Existing Regulations in SIP Regulations Incorporating Proposed Changes



# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Chapter 01 General Administrative Provisions

.11 Continuous Emission Monitoring Requirements. (iv) Quarterly totals of excess emissions, installation downtime, and CEM downtime during the calendar quarter; (v) Quarterly quality assurance activities; (vi) Daily calibration activities that include reference values, actual values, absolute or percent of span differences, and drift status; and (vii) Other information required by the Department that is determined to be necessary to evaluate the data, to ensure that compliance is ac hieved, or to determine the applicability of this regulation.

(d) All information required by this regulation to be reported to the Department shall be retained and made available for review by the Department for a minimum of 2 years from the time the report is submitted.