26.11.01 Page 1 

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Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 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. In this subtitle, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) Actual Emissions. 

(a) "Actual emissions" means the average rate, in tons per year, at which a source discharged a pollutant during a 2-year 

period which precedes the date of a completed application for an NSR source or other specified date, and which is representative 

of normal source operation. The Department may allow the use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be calculated using the source's operating hours, production 

rates, and types of materials processed, stored, or combusted during the selected time period. 

(b) For the purpose of submitting emissions statements under Regulation .05-1 of this chapter, "actual emissions" means 

the emissions, in tons per year, which a source discharged during a calendar year or other specified period of time. 

(2) "Air pollution" as defined in Environment Article, §2-101, Annotated Code of Maryland, means the presence in the 

outdoor atmosphere of substances in quantities, having characteristics, and being of a duration which, from any single source or in 

combination with other sources, are, or may be predicted with reasonable certainty to be, injurious to human, plant, or animal life 

or to property, or which unreasonably interfere with the proper enjoyment of the property of others by reason of the emission of 

odors, solids, vapors, liquids, or gases, throughout the State and in such areas of the State that are affected by them. 

(3) "Air pollution control equipment" means equipment whose primary purpose is to reduce the discharge of emissions into 

the atmosphere in order to comply with air pollution control requirements. 

(4) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after 

consideration of any physical, operational, or emissions limitations required by this subtitle or by federally enforceable conditions 

which restrict operations and which are included in an applicable air quality permit to construct, permit to operate, secretarial 

order, plan for compliance, consent agreement, court order, or applicable federal requirement. 

(5) "Capture efficiency" means the weight per unit time of a pollutant entering a capture system and delivered to a control 

device, divided by the weight per unit time of the total pollutant generated by a source of the pollutant, expressed as a percentage. 

The capture efficiency reflects how much of the pollutant is captured and routed to the control device. 

(6) "Certifying individual" means the person responsible for the completion and certification of the emissions statement 

required in Regulation .05-1 of this chapter. 

(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) Except as stated in §B(6-1)(b)(iii) of this regulation, 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); 

(ii) Sum the resultant values from §B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO2e; and 

(iii) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions 

resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, 

animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries 

as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids 

recovered from the decomposition of nonfossilized and biodegradable organic material). 
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(6-2) "Commercial bakery oven" (bakery oven) means an oven with a rated heat input capacity of 2,000,000 Btu per hour or 

greater, that is used to bake bread, rolls, or other yeast-raised products. 

(7) "Confined emissions" means emissions which are discharged into the outdoor atmosphere through a stack, duct, hood, 

flue, or other conduit. 

(8) "Confined source" means an installation that discharges into the atmosphere through a stack, duct, hood, flue, or other 

conduit. 

(8-1) Continuous Burning. 

(a) “Continuous burning” means the continuous, semi-continuous, or batch feeding of municipal solid waste for purposes 

of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy 

production. 

(b) “Continuous burning” does not include the period when municipal solid waste is solely used to provide thermal 

protection of the grate or hearth. 

(9) "Continuous emission monitor (CEM)" means a system of instruments installed, operated, and calibrated in accordance 

with the procedures in this subtitle to continuously measure and record 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 procedures in this subtitle to continuously measure and record the opacity of emissions as six-minute averages of not 

greater than 15 second increments. 

(10) "Control efficiency" means the ratio of the emissions released by a control device and the emissions introduced to the 

control device, expressed as a percentage. 

(11) "Control equipment" means any device or contrivance which prevents or reduces emissions. 

(12) "Control officer" means: 

(a) The health officer of Allegany, Anne Arundel, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, 

Garrett, Harford, Howard, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, or Wicomico County;

(b) The Commissioner of Health of the City of Baltimore, the Director of the Baltimore County Department of 

Environmental Protection and Resource Management, the Director of the Montgomery County Department of Environmental 

Protection, or the Chief of the Environmental Programs Section of Worcester County Department of Planning, Permits, and 

Inspections; or 

(c) Any employee of the Department designated by the Secretary. 

(13) Reserved. 

(14) "Department" means the Department of the Environment. 

(15) "Distillate fuel oil" means all American Society for Testing and Materials numbered fuel oils other than residual fuel 

oil. 

(16) "Emissions" means any substance, other than water in an uncombined form, discharged directly or indirectly into the 

atmosphere including, but not limited to, odors, particulate matter, vapors, gases, or any combination of these substances. 

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

(a) Boiler 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. 

(18) "Fugitive emissions" means emissions which escape into the outdoor atmosphere through openings such as windows, 

doors, vents, roof monitors, poorly fitting closures, or poorly maintained equipment. 

(18-1) “Greenhouse gases (GHGs)”means the aggregate group of six greenhouse gases: 

(a) carbon dioxide (CO2);
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(b) methane (CH4); 

(c) nitrous oxide (N2O); 

(d) sulfur hexafluoride (SF6);

(e) hydrofluorocarbons (HFCs); and 

(f) perfluorocarbons (PFCs). 

(19) "Installation" means any article, machine, equipment, or other contrivance, including, but not limited to, emission 

control equipment, processing equipment, manufacturing equipment, fuel-burning equipment, incinerators, or any equipment or 

construction, capable of generating, causing, or reducing emissions. 

(20) Modification. 

(a) "Modification" means any physical change in, or change in the operation of, a source or installation which causes a 

change in the quantity, nature or characteristics of emissions from the source or installation. However, this term excludes routine 

maintenance and routine repair, and increases in the hours of operation or in the production rate, unless these increases would be 

prohibited under any permit or approval conditions adopted by the Department. 

(b) In the context of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants 

adopted or enforced by the Department, the federal definition of the term "modification" is controlling. 

(c) "Modify" means to make a modification. 

(d) In the context of Prevention of Significant Deterioration regulations adopted or enforced by the Department, the 

federal definitions of the terms "modification" and "major modification" are controlling. 

(20-1) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent 

agency of another state. 

(21) "National Emission Standards for Hazardous Air Pollutants source (NESHAP source)" means any: 

(a) Source of asbestos, beryllium, mercury, vinyl chloride, benzene, or inorganic arsenic which is subject to the 

provisions of 40 CFR Part 61 (excluding Subparts B, H, I, K, Q, R, T, and W), as amended; or 

(b) Source which is subject to the provisions of 40 CFR Part 63, as amended. 

(22) Reserved. 

(23) "New Source Performance Standard source (NSPS source)" means any source which is subject to 40 CFR Part 60, as 

amended. 

(24) "New Source Review source (NSR source)" means any major stationary source or major modification subject to the 

requirements of COMAR 26.11.17. 

(24-1) "NOx Ozone Season Allowance" means a CAIR NOx ozone season allowance as defined in 40 CFR 96.302 and does 

not constitute a security or other form of property. 

(25) "Odor" means that property of an emission which stimulates the sense of smell. 

(26) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in 

the background. 

(27) "Operating day" means a 24-hour period beginning midnight of one day and ending the following midnight, or an 

alternative 24-hour period approved by the Department, during which time an installation being monitored is operating, 

consuming fuel, processing or producing a material, or causing emissions. 

(27-1) Operating Time. 

(a) “Operating time” means, for the purpose of determining compliance or non-compliance with COM requirements of 

this chapter for cement kilns, the actual time in hours that an affected unit operates, beginning when the raw feed is being 

continuously introduced into the kiln for at least 120 minutes or when the raw feed rate exceeds 60 percent of the kiln design 

limitation rate, whichever occurs first, and ending when the introduction of raw feed to the kiln is halted. 
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(b) “Operating time” means, for the purpose of determining compliance or non-compliance with COM requirements of 

this chapter for municipal waste combustors, the actual time in hours that an affected unit operates, beginning when continuous 

burning of solid waste starts and ending when continuous burning of solid waste ceases. 

(28) "Oxides of nitrogen (NOx)" means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide (NO2), 

expressed as equivalent molecular weight of NO2. 

(29) "Particulate matter (PM)" means any material, except water in uncombined form, that is or has been airborne, and 

exists as a liquid or a solid at standard conditions. 

(30) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, 

discharged into the ambient air. 

(30-1) “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. 

(30-2) "PM2.5 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers, discharged into the ambient air. 

(31) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. 

(32) "PM10 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers, discharged into the ambient air. 

(33) "Percent seasonal throughput" means percent of annual throughput conducted during each of the 4 seasonal periods 

(December—February, March—May, June—August, September—November). 

(34) "Person" means any individual, group of individuals, firm, partnership, voluntary association, or private, public or 

municipal corporation, or agency, bureau, department or an instrumentality of federal, State, or local government responsible for 

the use of property. 

(35) "Potential to emit" means the maximum capacity of a stationary source to discharge a pollutant under its physical and 

operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution 

control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, 

shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable through a 

permit condition, compliance plan, or administrative or court order. 

(36) "Premises" means all the installations or other sources that are located on contiguous or adjacent properties and that are 

under the control of one person or under common control of a group of persons. 

(37) “Prevention of Significant Deterioration (PSD) source” means any new or modified source subject to the provisions of 

40 CFR §52.21, as amended. 

(38) "Process weight" means the total weight of all materials introduced into any specific process which may cause 

emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air 

will not. 

(39) "Process weight per hour" means the rate established as follows: 

(a) For continuous or long-run steady-state operations, the total process weight for the entire period of continuous 

operation or for a typical portion of operation, divided by the number of hours of the period or portions of operation; 

(b) For cyclical or batch operations, the total process weight for a period that covers a complete operation or an integral 

number of cycles, divided by the hours of actual process operation during the period; and 

(c) When the nature of any process or operation or the design of any equipment permits more than one interpretation of 

this definition, the interpretation that results in the minimum value for allowable emission shall apply. 

(40) "Reasonably Available Control Technology (RACT)" means the lowest emissions limit that a particular source is 

capable of meeting by the application of control technology that is reasonably available considering technological and economic 

feasibility. 

(41) "Residual fuel oil" means that fuel oil that meets the specifications of the American Society for Testing and Materials 

for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 
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(42) "Secretary" means the Secretary of the Environment. 

(43) "Source" as defined in Environment Article, §2-101(i), Annotated Code of Maryland, means any property, real or 

personal, or person contributing to air pollution. 

(44) "Stack or chimney" means any flue, conduit, or duct arranged to conduct emissions. 

(45) "Stack height" means the height of a stack measured from the ground elevation to the top of the stack, not including 

caps, nozzles, or other encumbrances. 

(46) "Standard conditions" means at a temperature of 77°F (25°C) and a pressure of 29.92 inches (760 mm) of mercury. 

(47) "Standard industrial classification (SIC) code" means a series of codes devised by the federal Office of Management 

and Budget (OMB) to classify establishments according to the type of economic activity in which they are engaged. 

(48) "True vapor pressure (TVP)" means the vapor pressure of a material at storage temperature, where storage temperature 

is the maximum monthly average temperature of the material or 77°F (25°C), whichever is the higher. 

(49) "Typical ozone season day (TOSD)" means a day typical of that period of the year during which conditions for 

photochemical ozone formation are most favorable, which is generally during sustained periods of direct sunlight (that is, long 

days, little cloud cover) and warm temperatures. 

(50) "Unconfined source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, flue, or 

other conduit but which escape into the atmosphere through openings such as windows, vents or doors, ill fitting closures, or 

poorly maintained equipment. 

(51) "Vapor balance line" means any connection closed to the atmosphere between the vapor space of two storage 

containers that will allow the vapors to be displaced as the liquid is transferred from one tank to the other. 

(52) "Vapor pressure" means the total equilibrium partial pressure or pressures for any given chemical or mixture at a given 

temperature. 

(53) "Volatile organic compound (VOC)" means any organic compound which participates in atmospheric photochemical 

reactions, excluding those compounds which have been determined to have negligible photochemical reactivity by the U.S. 

Environmental Protection Agency and which are listed in 40 CFR §51.100(s), as amended. 

.02 Relationship of Provisions in this Subtitle. 

Unless otherwise expressly provided in this subtitle, the provisions of this subtitle are cumulative and each provision applies to 

each applicable source or installation and to each person in control of the source or installation. 

.03 Delineation of Areas. 

A. Area I means the western area of the State comprising the counties of Allegany, Garrett, and Washington. 

B. Area II means the central area of the State composed of Frederick County. 

C. Area III means the Baltimore metropolitan area of the State comprising Baltimore City and the counties of Anne Arundel, 

Baltimore, Carroll, Harford, and Howard. 

D. Area IV means the Washington metropolitan area of the State comprising the counties of Montgomery and Prince George's. 

E. Area V means the southern area of the State comprising the counties of Calvert, Charles, and St. Mary's. 

F. Area VI means the eastern shore area of the State comprising the counties of Caroline, Cecil, Dorchester, Kent, Queen 

Anne's, Somerset, Talbot, Wicomico, and Worcester. 

.04 Testing and Monitoring. 

A. Requirements for Testing. 

(1) The Department may require any person to conduct or have conducted testing to determine compliance with this 

subtitle. The Department, at its option, may witness or conduct these tests. This testing will be done at a reasonable time, and all 

information gathered during a testing operation will be provided to both parties. 

(2) Compliance with this subtitle shall be determined by the test methods designated and described in §C of this regulation 

and shall be applicable to both new and existing stationary emission sources. These test methods may be modified or adjusted by 
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the Department to meet the requirements at certain types of sources, specific sampling conditions, and the need to incorporate 

advances and other new information relating to testing technology. 

(3) When the Department conducts or has these tests conducted, the person shall provide the sampling facilities, exclusive 

of instruments and sensing devices, that are necessary to determine the quantity of emissions. 

(4) Any registerable installation constructed after January 4, 1971, shall be provided with openings in the exhaust gas 

ductwork or in the stack or chimney as required by the test methods specified in §A(2) of this regulation to enable the collection 

of samples of the effluent to the atmosphere from this installation. Upon request of the Department, the owner or operator of this 

installation shall provide appropriate scaffolding which meets OSHA standards as set forth in 29 CFR Chapter XVII Part 1910. 

B. Requirements for Monitoring. 

(1) The Department or the control officer may require a person responsible for any installation to install, use, and maintain 

monitoring equipment or employ other methods as specified by the Department or the control officer to determine the quantity or 

quality, or both, of emissions discharged into the atmosphere and to maintain records and make reports on these emissions to the 

Department or the control officer in a manner and on a schedule approved by the Department or the control officer. 

(2) The Department or the control officer, at reasonable times, shall have access to and be permitted to copy any records, 

inspect any monitoring equipment or methods required under this section. 

(3) Except when otherwise specified by the Department or the control officer, records required under this regulation shall be 

available for inspection by the Department and the control officer for a period of not less than 90 days. 

(4) All records and reports submitted to the Department or the control officer required under this regulation shall be 

available for public inspection. 

C. Emission Test Methods. The following test methods are incorporated by reference: 

(1) 40 CFR Part 60, Appendix A, as amended; 

(2) The Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary Sources", 

January, 1991, as amended through Supplement 3 (October 1, 1997); and 

(3) For PM10 stack tests, the following EPA approved test methods shall be used: 

(a) Test Methods 201 A and 202 in 40 CFR Part 51, Appendix M, as amended; 

(b) Test Method 5 (40 CFR Part 60, Appendix A, as amended) and Test Method 202 in 40 CFR Part 51, Appendix M, as 

amended; 

(c) Test Method 5 (40 CFR Part 60, Appendix A, as amended) using front half and back half procedure; 

(d) EPA Conditional Test Method 39 may be substituted for Test Method 202 in 40 CFR Part 51, Appendix M, as 

amended; or 

(e) Alternative test methods may be used for PM10 if they are approved by the Department and the EPA. 

.05 Records and Information. 

A. The Department may require a person who owns or operates an installation or source to establish and maintain records 

sufficient to provide the information necessary to: 

(1) Assist the Department in the development of an implementation plan, air emissions standard, equipment performance 

standard, or material formulation standard; 

(2) Determine compliance with an air emissions standard, equipment performance standard, material formulation standard, 

or permit condition; 

(3) Verify or update registration information; or

(4) Update Maryland's air emissions inventory. 

B. A person who is required pursuant to §A of this regulation to establish and maintain records shall: 

(1) Maintain the necessary information in a format approved by the Department; and 
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(2) Submit written reports, when requested by the Department, summarizing the information in a format approved by the 

Department and on a schedule specified by the Department. 

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. 

.05-1 Emissions Statements. 

A. Applicability. This regulation applies to a person who owns or operates any installation, source, or premises that is located 

in: 

(1) Baltimore City, or in Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent, 

Montgomery, Prince George's or Queen Anne's counties, and has total actual emissions of either VOC or NOx from all 

installations and sources on a premises of 25 tons or more during a calendar year; 

(2) Allegany, Caroline, Dorchester, Garrett, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties, 

and has total actual emissions of either VOC or NOx from all installations and sources on a premises of 50 tons or more of VOC 

or 100 tons or more of NOx during a calendar year. 

B. General Requirements. 

(1) By April 1 of each year, beginning with April 1, 1993, a person subject to this regulation shall submit to the Department 

an emissions statement for the previous calendar year that meets the requirements of this regulation. 

(2) A person submitting an emissions statement shall certify that the information in the emissions statement is accurate to 

the person's best knowledge. The certifying individual shall be: 

(a) Familiar with each installation and source for which the statement is submitted; and 

(b) Responsible for the accuracy of the statement. 

(3) If actual emissions from a source or premises for any year after calendar year 1992 equal or exceed the applicable 

emission levels prescribed in §A(1) or (2) of this regulation, an emissions statement is required for that year and each following 

year unless the source demonstrates, to the satisfaction of the Department, that emissions have been permanently reduced and the 

source no longer has the potential to emit emissions that exceed the applicable levels. 

C. Emissions Statement Content. Emissions statements required by §B of this regulation shall be organized by premises, 

submitted on a form obtained from the Department, and include the following information: 

(1) Identification of each installation or source at the premises that discharges VOC or NOx, and the actual daily and annual 

emissions from each installation or source; 

(2) An explanation of the method used to determine emissions from each installation or source and operating schedules and 

production data that were used to determine emissions;

(3) Beginning with the emissions statement for calendar year 1993, an explanation for any increases or decreases in 

emissions for each installation or source if reported emissions differ from the emissions reported in the previous year's emissions 

statement; and 

(4) Other relevant information as required by the Department. 
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.06 Circumvention. 

A person may not install or use any article, machine, equipment or other contrivance, the use of which, without resulting in a 

reduction in the total weight of emissions, conceals or dilutes an emission which would otherwise constitute a violation of any 

applicable air pollution control regulation. 

.07 Malfunctions and Other Temporary Increases of Emissions. 

A. Definitions. 

(1) "Excess emissions" means an emission rate which exceeds any applicable emission standard set forth in this subtitle 

unless the emission rate is in compliance with an approved plan for compliance, departmental order, consent order, or condition 

of a permit. 

(2) "Malfunction" means sudden and unavoidable failure of an installation to operate in a normal and usual manner. Failures 

that are caused entirely or in part by inadequate design, poor maintenance, careless operation, preventable upset conditions, or 

preventable equipment breakdown may not be considered malfunctions. 

B. Unless otherwise required by law, the Department will consider any period of excess emissions to be a violation of law, 

regardless of the cause. Information submitted pursuant to §§C and D of this regulation will be considered, however, in 

determining whether the excess emissions are the result of a malfunction and whether to commence an administrative or judicial 

proceeding authorized by State and federal law. 

C. Report of Excess Emissions. 

(1) In the case of any occurrence of excess emissions, expected to last or actually lasting for 1 hour or more, from any 

installation required by COMAR 26.11.02.13 to obtain a State permit to operate, the owner or operator shall report the onset and 

shall report the termination of the occurrence to the Department by telephone. 

(2) Telephone reports of excess emissions shall include the following information: 

(a) The identity of the installation and the person reporting; 

(b) The nature or characteristics of the emissions (for example, hydrocarbons, fluorides); 

(c) The time of occurrence of the onset of the excess emissions and the actual or expected duration of the occurrence; and 

(d) The actual or probable cause of the excess emissions. 

D. Written Report of Excess Emissions. 

(1) When requested by the Department, the owner or operator of any installation from which excess emissions have 

occurred shall submit a written report to the Department within 10 days of receiving the request. 

(2) The report shall set forth the following information: 

(a) The identity of the installation; 

(b) The nature or characteristics of the emissions (for example, hydrocarbon, fluorides); 

(c) The time of occurrence of the onset of the excess emissions and the duration of the occurrence; 

(d) The actual or estimated quantity of excess emissions during the occurrence, and operating data and calculations used 

in determining the quantity; 

(e) The actual or probable cause of the occurrence and whether the owner or operator contends that the cause is a 

malfunction; 

(f) The method of correcting the cause of the excess emissions and minimizing the duration and magnitude of the 

occurrence, including, if applicable, the use of overtime or contractual assistance to make repairs as expeditiously as possible; 

(g) A listing of all occurrences of excess emissions from the installation, the duration of each occurrence, and the cause 

of each occurrence for the last 1-year period or since the effective date of this regulation, whichever is less; 

(h) A copy of the maintenance plan for the installation and documentation that the plan is appropriate for the installation; 

(i) Documentation that the maintenance plan was being carried out before the occurrence of excess emissions; 

(j) The steps taken or planned to prevent the reoccurrence of the excess emissions; and 
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(k) Any other information requested by the Department which is relevant to the occurrence of excess emissions or a 

claim by the owner or operator that the excess emissions were the result of a malfunction. 

E. Notwithstanding any provisions to §§A—D, of this regulation, a decision by the Department not to commence enforcement 

proceedings for an occurrence of excess emissions is not intended to preclude the Department from considering all past periods of 

excess emissions in determining whether to revoke or suspend a current operating permit or not to issue an operating permit for a 

future period of time. 

F. The Department may exempt the owner or operator of any installation from the reporting requirements of §C, of this 

regulation, if it determines that other information submitted to the Department meets the requirements of §C of this regulation, or 

the information is of insignificant use to the Department. 

.08 Determination of Ground Level Concentrations — Acceptable Techniques. 

A. Definitions. 

(1) "Major modification" means any modification as defined in 40 CFR Parts 51 and 52, 1985 edition. 

(2) "State Implementation Plan" means the plan required by the Federal Clean Air Act, 42 U.S.C §7410, which the State 

adopts and submits to the United States Environmental Protection Agency showing attainment and maintenance of National 

Ambient Air Quality Standards. 

(3) "Unacceptable dispersion technique" means any dispersion technique as defined in 40 CFR Part 51, 1985 edition, as 

amended, 50 FR 27906—27907 (July 8, 1985: Stack Height Regulation). 

B. Exemptions. 

(1) This regulation does not apply to any stack height in existence or dispersion technique implemented on or before 

December 31, 1970, except when a source using a stack or dispersion technique undergoes a major modification after December 

31, 1970. 

(2) This regulation does not apply to the calculation of ground level concentrations of toxic air pollutants for the purpose of 

demonstrating compliance with COMAR 26.11.15.06. 

C. Dispersion Technique. A person may not use an unacceptable dispersion technique to determine the ground level 

concentrations of air pollutants discharged from a source in order to obtain: 

(1) An approval or permit under this subtitle; 

(2) A revision to the State Implementation Plan; or 

(3) A Certificate of Public Convenience and Necessity under Article 78, §§54A and B, or H, Annotated Code of Maryland. 

.09 Vapor Pressure of Gasoline. 

See Figure 1. 
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Figure 1 

VAPOR PRES SURE OF GASOLINES 

180 7 

F' 40 

170 ') 

IC 'JO 

160 -r,o 

70 

" Scort C1 M I•H A'l•~>l .J. l..05S I 5 1'10 1'30 (;wRV.l &A.'S '-"'i · · f- •IS't · •rr... ~'"-

"" ::'10 

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AIR QUALITY 

26.11.01.10 

26.11.01 Page 11

Effective as of February 15, 2016 

.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 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 

(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 provisions in COMAR 26.11.09.05C. 

(5) The owner or operator of a cement manufacturing installation may discontinue use of a COM when a PM CPMS is 

installed and operated in accordance with the requirements of COMAR 26.11.30. 

(6) Sources may request for approval by the Department and EPA an alternate limit for specific operating conditions in 

which the technological limitations of the control equipment adversely affects the ability of the source to comply with visible 

emissions limits by following the recommendations at 80 FR 33980. The alternate limit shall be submitted to EPA as a SIP 

revision and included in 40 CFR Part 52 Subpart V 52.1070(d) for Maryland Source Specific SIP revisions. 

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, as amended, which is 

incorporated by reference. 

(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. 

(5) The owner or operator of a cement kiln or clinker cooler that is operating a COM is subject to the following 

requirements. 

(a) The owner or operator of a cement kiln or clinker cooler may not cause or permit the discharge of emissions which 

exceed the visibility standards in COMAR 26.11.30.05B. 

(b) The visibility standards in COMAR 26.11.30.05B(1) and (2) do not apply to emissions as specified in COMAR 

26.11.06.02A(2) during EPA reference Method 9 observations. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.01.10 

26.11.01 Page 12

Effective as of February 15, 2016 

(c) For the purpose of demonstrating compliance with COMAR 26.11.30.05B(2) when using a COM, emissions that are 

visible to a human observer are those that are equal to or greater than 10 percent opacity. 

(d) For the owner or operator of a cement kiln or clinker cooler that is operating a COM, compliance with visible 

emission standards is achieved if visible emissions do not exceed the applicable visible emission limitations in 26.11.30.05B(1) or 

(2) as applicable. 

(e) Notwithstanding the requirements in §B(5)(a)—(d) of this regulation, the Department may determine compliance and 

non-compliance with the visible emission limitations by performing EPA reference Method 9 observations. 

(f) The owner or operator of a cement kiln or clinker cooler that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

(6) The owner or operator of a municipal waste combustor that is required to install and operate a COM is subject to the 

following requirements. 

(a) The owner or operator of a municipal waste combustor may not cause or permit the discharge of emissions which 

exceed the visibility standards in COMAR 26.11.08.04 as determined by EPA reference Method 9 observations. 

(b) For the purpose of demonstrating compliance with COMAR 26.11.08.04 when using a COM, emissions that are 

visible to a human observer are those that are equal to or greater than 10 percent opacity. 

(c) For the owner or operator of a municipal waste combustor that is required to install and operate a COM, compliance 

with visible emission standards is achieved if visible emissions do not exceed 10 percent opacity for a 6-minute block average 

during the unit's operating time. 

(d) Notwithstanding the requirements in §B(6)(a)—(c) of this regulation, the Department may determine compliance and 

non-compliance with the visible emission limitations by performing EPA reference Method 9 observations. 

(e) The owner or operator of a municipal waste combustor that is operating a COM shall meet the quality assurance 

requirements under COMAR 26.11.31. 

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 other 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 

(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-burning equipment required to install and operate a COM shall meet the quality assurance 

procedures contained in 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. 
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26.11.01.11 

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Effective as of February 15, 2016 

(c) Except as otherwise approved by the Department and the EPA, a COM shall operate 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 six-minute 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; 

(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. 

.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 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. 

(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. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.01.11 

26.11.01 Page 14

Effective as of February 15, 2016 

(3) The owner or operator of: 

(a) A municipal waste combustor (MWC) shall install CEMs to measure and record SOx, NOx, carbon monoxide 

emissions and either CO2 or oxygen; 

(b) A Kraft pulp mill shall install a CEM to measure and record SO2 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. 

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-compliance 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. 

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 shall 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 CEM shall notify the 

Department by telephone when an out-of-service 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 Reporting 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 repairs, adjustments, or maintenance 

that may affect the ability of the CEM to meet performance specifications of emission data; 

(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 achieved, or to determine the applicability of this regulation. 
AIR QUALITY 

26.11.01.11 

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Effective as of February 15, 2016 

(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. 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulation .01A-1, F-1 adopted effective October 10, 1981 (8:18 Md. R. 1480) 

Regulation .01H amended effective July 10, 1981 (8:11 Md. R. 974) 

Regulation .01I amended effective June 8, 1981 (8:9 Md. R. 800); July 2, 1985 (12:11 Md. R. 1049); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 

(13:13 Md. R. 1492); January 5, 1988 (14:24 Md. R. 2555) 

Regulation .01K amended effective June 8, 1981 (8:9 Md. R. 800); August 16, 1983 (10:14 Md. R. 1263); December 3, 1984 (11:22 Md. R. 1899); October 14, 

1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492); January 5, 1988 (14:24 Md. R. 2555) 

Regulation .01O-1, V-1, and Y adopted effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .01O-1 amended effective January 5, 1988 (14:24 Md. R. 2555) 

Regulation .01V-1 and Y amended, and X-1 adopted effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .01X amended effective July 10, 1981 (8:11 Md. R. 974); August 16, 1983 (10:14 Md. R. 1262) 

Regulation .04C amended effective February 10, 1984 (10:26 Md. R. 2341); July 2, 1985 (12:11 Md. R. 1049) 

Regulation .04D repealed and .05 amended effective February 10, 1984 (10:26 Md. R. 2341) 

Regulation .08 repealed effective December 3, 1984 (11:22 Md. R. 1899) 

Regulation .08 adopted effective March 24, 1987 (14:4 Md. R. 419) 

Figure 1 moved to COMAR 10.18.01 from COMAR 10.18.06 effective August 16, 1983 (10:14 Md. R. 1262); recodified as Regulation .09 

On July 18, 1980, Subtitle 18 Air Quality was reorganized and recodified from 7 chapters to 22 chapters. Citation tables listing the codification changes appear 

at 7:5 Md. R. 501. The administrative histories of the original 7 chapters are given on the following pages. 

—————— 

Chapter recodified from COMAR 10.18.01 to COMAR 26.11.01 

Regulation .01 amended effective December 7, 1992 (19:24 Md. R. 2128) 

Regulation .01A—Y recodified to Regulation .01A—DD

Regulation .01A and A-1 recodified to Regulation .01A-1 and A-2, respectively, and new Regulation .01A and A-3 adopted effective May 8, 1991 (18:6 Md. R. 

688) 

Regulation .01A-1 adopted effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .01C-1 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .01E amended effective June 20, 1989 (16:9 Md. R. 995) 

Regulation .01E-1, F-1, and G-1 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .01J amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .01K, M amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306) 

Regulation .01L amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724) 

Regulation .01M-1 adopted effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .01O-1 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .01P-1, P-2, P-3 adopted effective March 21, 1989 (16:3 Md. R. 347) 

Regulation .01Q-1 and Q-2 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .01R amended effective March 21, 1989 (16:3 Md. R. 347); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306) 

Regulation .01U amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .01U-1 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .01X-1 adopted effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .01DD amended effective May 8, 1991 (18:6 Md. R. 688); August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) 

—————— 

Regulation .01B amended effective June 20, 1994 (21:12 Md. R. 1063 and 21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); May 22, 1995 (22:10 Md. R. 

708); June 30, 1997 (24:13 Md. R. 932); September 22, 1997 (24:19 Md. R. 1343); October 5, 1998 (25:20 Md. R. 1533); March 22, 1999 (26:6 Md. R. 

487); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 

(32:18 Md. R. 1521); October 8, 2007 (34:20 Md. R. 1741); June 16, 2008 (35:12 Md. R. 1121); July 16, 2009 (36:14 Md. R. 985); May 17, 2010 (37:10 

Md. R. 724); July 26, 2010 (37:15 Md. R. 1000); September 20, 2010 (37:19 Md. R. 1285) 

Regulation .01B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .01B amended effective March 5, 2012 (39:4 Md. R. 339 - two actions); July 8, 2013 (40:13 Md. R. 1076 - two actions); February 15, 2016 (43:3 

Md. R. 273) 

Regulation .01C amended effective June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); 

October 8, 2007 (34:20 Md. R. 1741) 

Regulation .01D amended effective December 10, 2001 (28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 

1521); October 8, 2007 (34:20 Md. R. 1741) 

Regulation .04C amended effective July 16, 1990 (17:11 Md. R. 1344); August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306); February 

15, 1993 (20:3 Md. R. 260); November 2, 1998 (25:22 Md. R. 1653); June 19, 2006 (33:12 Md. R. 999); March 5, 2012 (39:4 Md. R. 339) 

Regulation .05 amended effective June 30, 1997 (24:13 Md. R. 932); December 10, 2001 (28:24 Md. R. 2130) 

Regulation .05C, D adopted effective May 17, 2010 (37:10 Md. R. 724) 
DEPARTMENT OF THE ENVIRONMENT 

26.11.01.11 

26.11.01 Page 16

Effective as of February 15, 2016 

Regulation .05-1 adopted effective December 7, 1992 (19:24 Md. R. 2128) 

Regulation .07C amended effective May 8, 1995 (22:9 Md. R. 648) 

Regulation .08A, B amended effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .10 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .10 amended effective September 22, 1997 (24:19 Md. R. 1343) 

Regulation .10 repealed and new Regulation .10 adopted effective May 17, 2010 (37:10 Md. R. 724) 

Regulation .10A, B amended effective February 15, 2016 (43:3 Md. R. 273) 

Regulation .10A, C amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .10A, F amended effective July 20, 2015 (42:14 Md. R. 884) 

Regulation .10F amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .10F repealed effective February 15, 2016 (43:3 Md. R. 273) 

Regulation .11 adopted effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .11 amended effective April 27, 1992 (19:8 Md. R. 806); September 22, 1997 (24:19 Md. R. 1343) 

Regulation .11 repealed and new Regulation .11 adopted effective May 17, 2010 (37:10 Md. R. 724) 

Regulation .11A, B amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .11D amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .11E adopted effective August 22, 2011 (38:17 Md. R. 1014) 

———————————— 

Administrative History of COMAR 10.18.01 before June 13, 1980 

Effective date: May 28, 1968 

Amended effective January 28, 1969; September 29, 1970; January 4, 1971; January 17, 1972; May 12, 1973; December 2, 1973 

Regulation .01AA adopted effective December 16, 1977 (4:26 Md. R. 2024) 

Regulation .01Y, AA amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .01W, DD, SS adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulations .01P, WW, .03B amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .01F, G, X, XX adopted effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .01ZZ adopted effective September 10, 1978 (5:18 Md. R. 1387) 

Regulation .01AAA, BBB adopted effective January 2, 1980 (6:23 Md. R. 1839) 

Regulations .03B and .04 amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .04 adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .04A, G amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .04I amended effective August 21, 1978 (5:14 Md. R. 1137) 

Regulations .04F, .05E, .06A amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .11 amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .11B, C, H, I amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .11G, H, K amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .11G, J, K amended effective December 16, 1977 (4:26 Md. R. 2024) 

Regulation .11H amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .11J amended effective September 10, 1978 (5:18 Md. R. 1387) 

Regulation .13 adopted effective September 10, 1978 (5:18 Md. R. 1387); repealed effective January 2, 1980 (6:23 Md. R. 1839) 

Chapter repealed effective July 18, 1980 (7:12 Md. R. 1148) 

Administrative History of COMAR 10.18.02, 10.18.03, 10.18.06, and 10.18.07 before June 13, 1980 

Effective date: May 28, 1968 

Amended effective January 28, 1969; January 17, 1972; May 12, 1972; December 2, 1973 

Regulation .01D amended effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579) 

Regulation .02A—D amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .02E, F adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .02F amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulations .02 and .03 amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .03A—E amended effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579) 

Regulation .04A—G amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .04B, D, G, I amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .04I, J adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .04B, C, F, G, H, I amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .05 adopted effective December 16, 1977 (4:26 Md. R. 2024); amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .06D amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .06D, E amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulations .06D, .07A, B amended effective March 30, 1977 (4:7 Md. R. 579) 
AIR QUALITY 

26.11.01.11 

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Effective as of February 15, 2016 

Regulation .07 repealed and new Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 

1839) 

Chapter repealed effective July 18, 1980 (7:12 Md. R. 1148) 

Administrative History of COMAR 10.18.04 before June 13, 1980 

Effective date: May 28, 1968 

Amended effective January 28, 1969; September 29, 1970; February 21, 1971; January 17, 1972; May 12, 1972; December 2, 1973; February 12, 1974 

Regulation .01B, D amended effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579) 

Regulation .02B amended effective June 25, 1975 (2:14 Md. R. 1015) and January 2, 1979 (5:23 Md. R. 1740) 

Regulation .02C, D adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .02D amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .02B, E amended effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .03A amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .03A—D amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .03A—C, E amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .03B, E amended effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .03G adopted effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .04B—G, J amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .04B amended effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .04B, G amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .04C, F—J amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .04D amended effective March 31, 1980 (7:4 Md. R. 347) 

Regulation .04I amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .04J amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .04K adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .05 adopted effective December 16, 1977 (4:26 Md. R. 2024); amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .06C, E, F, G amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .06C, E, G amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .06G, H amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 1839) 

Chapter repealed effective July 18, 1980 (7:12 Md. R. 1148) 

Administrative History of COMAR 10.18.05 before June 13, 1980 

Effective date: May 28, 1968 

Amended effective March 24, 1970; January 4, 1971; January 17, 1972; May 12, 1972; December 2, 1973; February 12, 1974 

Regulation .01B, D amended effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579) 

Regulation .02B amended effective June 25, 1975 (2:14 Md. R. 1015); January 2, 1979 (5:23 Md. R. 1740) 

Regulation .02C, D adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .02D amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .02E amended effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .03A amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .03A—D amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .03A—C, E amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .03B, E amended effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .03G adopted effective June 28, 1977 (4:11 Md. R. 866) 

Regulation .04B—G, J amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .04B amended effective June 28, 1977 (4:11 Md. R. 816) 

Regulation .04B, G amended effective December 10, 1979 (6:21 Md. R. 1708) 

Regulation .04C, F—J amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .04D amended effective March 31, 1980 (7:4 Md. R. 347) 

Regulation .04I amended effective January 2, 1979 (5:23 Md. R. 1740) 

Regulation .04J amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .04K adopted effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .05 adopted effective December 16, 1977 (4:26 Md. R. 2024); amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .06C, E, F, G amended effective June 25, 1975 (2:14 Md. R. 1015) 

Regulation .06C, E, G amended effective March 30, 1977 (4:7 Md. R. 579) 

Regulation .06G, H amended effective January 2, 1980 (6:23 Md. R. 1839) 

Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 1839) 

Chapter repealed effective July 18, 1980 (7:12 Md. R. 1148) 
26.11.02 Page 1 

Effective as of December 03, 2015 

Title 26

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 02 Permits, Approvals, and Registration 

Authority: Environment Article, §§1-101, 1-404, 1-601—1-606, 2-101—2-103, 2-301—2-303, and 2-401—2-404, 

Annotated Code of Maryland 

.01 Definitions. 

A. In this chapter and in COMAR 26.11.03, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Acid rain source" means a new or modified source subject to the provisions of 40 CFR 72, as amended. 

(1-1) "Administrative permit amendment" means a revision to a Part 70 permit that satisfies the requirements of COMAR 

26.11.03.15. 

(2) "Affected source" means a source that includes one or more affected units. 

(3) "Affected states" means all states including the District of Columbia: 

(a) Whose air quality may be affected and that are contiguous to Maryland; or 

(b) That are within 50 miles of the permitted source. 

(4) "Affected unit" means a fossil fuel-fired combustion device that is subject to any acid rain emissions reduction 

requirement or acid rain emissions limitation as provided in 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70. 

(5) Alternate Operating Scenarios. 

(a) "Alternate operating scenarios" means those provisions in a Part 70 permit that allow the permittee to make choices 

about how the source is operated, as provided in the permit, but without any requirement to revise the permit. 

(b) "Alternate operating scenarios" may be included in a Part 70 permit as provided for in COMAR 26.11.03.06A(9). 

(6) "Applicable requirement of the Clean Air Act" means all of the following as they apply to emissions units in a Part 70 

source, including requirements that have been promulgated or approved by EPA through rule making, at the time of issuance of 

the permit but have future effective compliance dates: 

(a) A standard or other requirement provided for in the Maryland State Implementation Plan (SIP); 

(b) A federally enforceable term or condition of a preconstruction permit and permit to construct issued pursuant to 

regulations approved or promulgated through rule making under Title I, including those concerning Prevention of Significant 

Deterioration under Part C or those concerning Nonattainment under Part D of the federal Clean Air Act, as amended, 42 U.S.C. 

§7401 et seq.; 

(c) A standard or other requirement concerning New Source Performance Standards under §111 of the Clean Air Act, 

including standards of performance for existing sources under §111(d); 

(d) A standard or other requirement concerning hazardous air pollutants under §112 of the Clean Air Act, including any 

requirement concerning accidental release prevention under §112(r)(7) of the Clean Air Act; 

(e) A standard or other requirement of the acid rain program under Title IV of the Clean Air Act or the regulations 

promulgated under it, including 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70; 

(f) A requirement concerning monitoring and analysis established pursuant to §504(b) of the Clean Air Act or concerning 

enhanced monitoring and compliance certification under §114(a)(3) of the Clean Air Act; 

(g) A standard or other requirement governing solid waste combustion under §129 of the Clean Air Act; 

(h) A standard or other requirement for the control of emissions from consumer and commercial products under §183(e) 

of the Clean Air Act; 

(i) A standard or other requirement for the control of emissions from tank vessels under §183(f) of the Clean Air Act; 

(j) A standard or other requirement of the program to control air pollution from outer continental shelf sources under 

§328 of the Clean Air Act; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 03, 2015 

(k) A standard or other requirement of the regulations promulgated to protect stratospheric ozone, under Title VI of the 

Clean Air Act, unless EPA has determined that this requirement need not be contained in a Part 70 permit; and 

(l) A national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air 

Act, but only as it would apply to temporary sources permitted pursuant to §504(e) of the Clean Air Act. 

(7) "Applicable requirement of State air pollution control law" means all of the following as they apply to a source: 

(a) Environment Article, Title 2, Annotated Code of Maryland; and 

(b) All regulations that the Department has adopted under the authority of Environment Article, Title 2, including 

COMAR 26.11. 

(8) "Applicant" means a person who submits an application for a permit. 

(9) "Application" means a written request for a permit required by this chapter or by COMAR 26.11.03. 

(10) Application Shield. 

(a) "Application shield" means that a source for which a timely and complete application for a Part 70 permit has been 

submitted may continue to be operated until the permit is issued or denied, if the requirements of COMAR 26.11.03.01D are 

satisfied. 

(b) "Application shield" applies to a Part 70 permit only. 

(11) "Approval" means a special category of permit from the Department for a PSD source or an NSR source. 

(12) "Clean Air Act" means the federal Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 

(13) "Complete application" means an application that: 

(a) Contains all the information required by the Department under Regulation .11, .12, or .14 of this chapter or COMAR 

26.11.03.02 and .03 in sufficient detail that allows the Department to begin review of the application; and 

(b) Includes additional information that the Department, in its final review of the application, may require to assure that 

emissions estimates are reasonably accurate and that all applicable requirements will be met. 

(14) "Contested case hearing" means a hearing that meets the requirements of State Government Article, Title 10, Subtitle 

2, Annotated Code of Maryland. 

(15) "Designated representative" has the meaning stated in the provisions concerning acid rain emissions under §402(26) of 

the Clean Air Act and the regulations promulgated under it including 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR 

Part 70. 

(16) Draft Permit. 

(a) "Draft permit" means the version of a Part 70 permit for which the Department offers public notice and an 

opportunity for public comment and nonadjudicatory hearing in accordance with 40 CFR §70.7(h) or affected state review under 

40 CFR §70.8. 

(b) "Draft permit" also means a draft approval, permit to construct, or State permit to operate. 

(17) "EPA" means the Administrator of the U.S. Environmental Protection Agency or the Administrator's designee. 

(18) Emissions Unit. 

(a) "Emissions unit" means a part or activity of a stationary source, including an installation, that emits or has the 

potential to emit a regulated air pollutant or hazardous air pollutant listed under §112(b) of the Clean Air Act. 

(b) "Emissions unit" does not alter or affect the definition of the term "unit" for purposes of Title IV of the Clean Air Act. 

(19) "Federally enforceable requirements of a permit to construct or State permit to operate" means the provisions of a 

permit to construct or State permit to operate that meet the requirements of Regulation .03 of this chapter. 

(20) "Final permit" means the version of a permit issued after the Department has completed all review procedures required, 

with respect to the permit, by this chapter and by COMAR 26.11.03. 

(21) "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 
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Effective as of December 03, 2015 

(22) "General Part 70 permit" means a Part 70 permit that meets the requirements of COMAR 26.11.03.21. 

(23) "General permit" means a general Part 70 permit, a general permit to construct, or a general State permit to operate. 

(24) "General permit to construct" means a permit that meets the requirements of Regulation .09D of this chapter. 

(25) "General State permit to operate" means a permit that meets the requirements of Regulation .13H of this chapter. 

(26) "Informational meeting" means a meeting that meets the requirements of Environment Article, §1-101(g), Annotated 

Code of Maryland. 

(27) "Major source" has the meaning stated in §C of this regulation. 

(28) "Maryland State Implementation Plan (SIP)" means the Maryland plan required by §110 of the Clean Air Act, as 

approved by EPA. 

(29) "Minor permit modification" means a revision to a Part 70 permit that satisfies the requirements of COMAR 

26.11.03.16. 

(30) "Off-permit change" means a change to a source covered by a Part 70 permit that meets the requirements of COMAR 

26.11.03.19. 

(31) "On-permit change" means a change to a source covered by a Part 70 permit that meets the requirements of COMAR 

26.11.03.18. 

(32) "Part 70 permit" means an individual Part 70 permit or group of Part 70 permits covering a Part 70 source, that is 

issued, renewed, or revised pursuant to COMAR 26.11.03. 

(33) Part 70 Source. 

(a) "Part 70 source" means a stationary source required to have a Part 70 permit pursuant to COMAR 26.11.03.01. 

(b) A "Part 70 source" may contain one or more emission units. 

(34) "Permit" means a written authorization from the Department issued pursuant to this chapter or COMAR 26.11.03, 

including a Part 70 permit, a State permit to operate, a permit to construct, a general permit, or an approval of a PSD or NSR 

source. 

(35) Permit to Construct. 

(a) "Permit to construct" means a permit to construct issued, renewed, or revised pursuant to this chapter. 

(b) "Permit to construct" does not mean a Part 70 permit. 

(36) "Permittee" means a person who has obtained a permit from the Department. 

(37) "Permit modification" means a revision to a Part 70 permit that is a minor permit modification under COMAR 

26.11.03.16 or a significant permit modification under COMAR 26.11.03.17. 

(38) "Permit revision" means a revision to the terms and conditions of a permit or approval. 

(39) Permit Shield. 

(a) "Permit shield" means a provision in a Part 70 permit that satisfies the requirements of COMAR 26.11.03.23. 

(b) "Permit shield" does not apply to a State permit. 

(40) Portable Emission Unit. 

(a) "Portable emission unit" means an emission unit that is designed to be moved from site to site, including portable 

asphalt plants, portable stone crushers and screens, and portable stills. 

(b) "Portable emission unit" includes other emission units that are designed to be moved from site to site and that are not 

major sources as defined in the Clean Air Act. 

(c) "Portable emission unit" may be a temporary source subject to COMAR 26.11.03.22. 

(41) "Potential to emit" means the maximum capacity of a stationary source to emit an air pollutant under its physical and 

operational design. A physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution 
DEPARTMENT OF THE ENVIRONMENT 

26.11.02.01 

26.11.02 Page 4 

Effective as of December 03, 2015 

control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, 

shall be treated as part of its design if the limitation is enforceable by the EPA. This term does not alter or affect the use of this 

term for any other purposes under the Clean Air Act or the term "capacity factor" as used concerning acid rain emissions in Title 

IV of the Clean Air Act or the regulations promulgated under it. 

(42) "Proposed permit" means the version of a permit that the Department proposes to issue and, if a Part 70 permit, 

forwards to the EPA for review, as prescribed in COMAR 26.11.03.09A. 

(43) "Public hearing" means a hearing that meets the requirements of Environment Article, §1-101(j), Annotated Code of 

Maryland, and that is held in the county where a proposed source would be located. 

(44) "Regulated air pollutant" means the following: 

(a) Nitrogen oxides (NOx) or any volatile organic compound (VOC); 

(b) A pollutant for which a national ambient air quality standard has been promulgated; 

(c) A pollutant that is subject to any new source performance standard promulgated under §111 of the Clean Air Act; 

(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; 

(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) A pollutant subject to requirements under §112(j) of the Clean Air Act; if the EPA fails to promulgate a standard by 

the date established pursuant to §112(e) of the Clean Air Act, a pollutant for which a subject source would be major shall be 

considered to be regulated on the date 18 months after the applicable date established pursuant to §112(e) of the Clean Air Act, 

and 

(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) and the "Deferral for CO2 Emissions 

from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration and Title V Programs" (76 FR 

43490). 

(45) "Renewal" means the process by which a permit is reissued at the end of its term. 

(46) "Reopen" means a decision by the Department, pursuant to COMAR 26.11.03.20, to reopen a Part 70 permit issued 

under COMAR 26.11.03 so that it may be revised or revoked. 

(47) "Responsible official" means one of the following: 

(a) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal 

business function, or another person who performs similar policy or decision-making functions for the corporation, or a duly 

authorized representative of that person if the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a permit and either: 

(i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25,000,000 in 

second quarter 1980 dollars, or 

(ii) The delegation of authority to the representative is approved in advance by the Department; 

(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 

(c) For a municipal, State, federal, or other public agency: either a principal executive officer or ranking elected official; 

for the purposes of this chapter and COMAR 26.11.03, a principal executive officer of a federal agency includes the chief 

executive officer having responsibility for the overall operations of a principal geographic unit of the agency, for example a 

regional administrator of EPA; or 
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Effective as of December 03, 2015 

(d) For affected sources: 

(i) The designated representative insofar as actions, standards, requirements, or prohibitions concerning acid rain 

emissions under Title IV of the Clean Air Act or the regulations promulgated under it; and 

(ii) The designated representative for any other purpose under this chapter or COMAR 26.11.03. 

(48) "Revocation" or "revoke" means a decision by the Department or the EPA to take away a permit before the end of its 

term or to suspend a permit for a specified period of time. 

(49) "Significant permit modification" means a revision to a Part 70 permit that satisfies the requirements of COMAR 

26.11.03.17. 

(50) “Solvent-based materials” means any material that contains 25 percent or more VOC by volume as applied, in the 

volatile portion of the material. 

(51) "State-only enforceable" means terms and conditions of a Part 70 permit that the Department has designated to be 

governed by State law and enforceable only by the State. 

(52) "State permit" means an approval, permit to construct, or State permit to operate. 

(53) "State permit to operate" means a permit to operate issued, renewed, or revised pursuant to this chapter and which is 

not a Part 70 permit. 

(54) "Stationary source" means a building, structure, facility, or installation that emits or may emit a regulated air pollutant 

or a pollutant listed under §112(b) of the Clean Air Act. 

(55) "Temporary source" means a source subject to COMAR 26.11.03.22. 

(56) "Title I modification" means a physical change or change in operation to a source that qualifies as a: 

(a) Modification under §111 of Title I of the Clean Air Act concerning new source performance standards or §112 

NESHAP including §112(g) of Title I of the Clean Air Act concerning hazardous air pollutants; or 

(b) Major modification concerning the provisions related to prevention of significant deterioration under Part C or the 

provisions concerning nonattainment review under Part D of Title I of the Clean Air Act. 

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

major industrial grouping and that is described as follows: 

(a) A major source under §112 of the Clean Air Act concerning hazardous air pollutants, defined as: 

(i) For pollutants other than radionuclides, a stationary source or group of stationary sources located within a 

contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year or more of a 

hazardous air pollutant which has been listed pursuant to §112(b) of the Clean Air Act, 25 tons per year or more of any 

combination of hazardous air pollutants, or a lesser quantity that the EPA may establish by rule; 

(ii) Notwithstanding §C(1)(a)(i) of this regulation, emissions from an oil or gas exploration or production well, with its 

associated equipment, and emissions from a pipeline compressor or pump station may not be aggregated with emissions from 

similar devices, whether or not the devices are in a contiguous area or under common control, to determine whether the devices or 

stations are major sources; or 

(iii) For radionuclides, a major source has the meaning specified by EPA by rule; 

(b) 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) 25 tons per year or more of VOC or NOx for sources located in Baltimore City or Anne Arundel, Baltimore, 

Carroll, Cecil, Harford, Howard, Calvert, Charles, Frederick, Montgomery, or Prince George's counties; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 03, 2015 

(ii) 50 tons per year or more of VOC for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 

Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; 

(iii) 100 tons per year or more of NOx for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 

Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; or 

(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) and the "Deferral for CO2

Emissions from Bioenergy and Other Biogenic Sources under the Prevention of Significant Deterioration and Title V Programs" 

(76 FR 43490). 

(2) Under §C(1)(b) of this regulation, the fugitive emissions of a stationary source may not be considered in determining 

whether it is a major stationary source for the purposes of §302(j) of the Clean Air Act unless the source belongs to one of the 

following categories of stationary source: 

(a) Coal cleaning plants (with thermal dryers); 

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction plants; 

(g) Primary copper smelters; 

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(i) Hydrofluoric, sulfuric, or nitric acid plants; 

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production plants; 

(t) Chemical process plants; 

(u) Fossil fuel boilers, or combination of them, totaling more than 250 million British thermal units per hour heat input; 

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

(w) Taconite ore processing plants; 

(x) Glass fiber processing plants; 

(y) Charcoal production plants; 

(z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or 
AIR QUALITY 

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Effective as of December 03, 2015 

(aa) All other stationary source categories regulated by a standard promulgated under §111, concerning New Source 

Performance Standards, or §112, concerning hazardous air pollutants, of the Clean Air Act, but only with respect to those air 

pollutants that have been regulated for that category. 

(3) For the purpose of defining the term "major source", a stationary source or group of stationary sources is considered part 

of a single industrial grouping if all of the pollutant emitting activities at the source or group of sources on contiguous or adjacent 

properties belong to the same major group; that is, all have the same two-digit code, as described in the Standard Industrial 

Classification Manual, 1987. 

.02 General Provisions. 

A. Registration. 

(1) Requirement for Registration. The owner or operator of a source, except as provided in §A(3) of this regulation, shall 

register that source with the Department in the manner prescribed by the Department. Registration does not imply approval by the 

Department of the source. 

(2) Change in Ownership. A change of ownership terminates the registration of a source. The new owner shall register the 

source with the Department within 30 days of the change of ownership. 

(3) Sources Not Required to be Registered. Existing sources listed in Regulation .10 of this chapter are not required to be 

registered. This provision does not authorize or permit the creation of or maintenance of air pollution. 

B. Permits to Construct and Approvals. 

(1) A permit to construct and an approval from the Department is required before construction or modification of a source, 

except as specified in Regulation .10 of this chapter. 

(2) When an approval is required for a source, the approval is in addition to any other permit that is required for that source. 

At the option of the applicant, an approval of a source may be sought before or simultaneously with a permit to construct or a Part 

70 permit that is required for the same source. 

C. State Permits to Operate. A State permit to operate from the Department is required for a source listed in Regulation .13 of 

this chapter. 

D. Part 70 Permits. A Part 70 permit from the Department is required for a source listed in COMAR 26.11.03.01. For a source 

for which a State permit to operate is required, as provided in Regulation .13 of this chapter, a Part 70 permit that applies to that 

source also constitutes a State permit to operate for that source. 

E. Transfers. A permit to construct, State permit to operate, or approval may not be transferred either from one source to 

another or from one person to another, except as approved by the Department. Transfers of Part 70 permits may be made as 

provided in COMAR 26.11.03.15. 

F. Certification. An application form, report, or compliance certification submitted pursuant to this chapter or COMAR 

26.11.03, including supplementary information, shall be certified by a responsible official as to truth, accuracy, and completeness. 

The owner or operator of a source shall expeditiously notify the Department of an appointment of a new responsible official. The 

certification shall be in the following form: "I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and 

evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons 

directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, 

accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of 

fine and imprisonment for knowing violations." 

G. Confidential Information. All information submitted in an application shall be considered to be part of the public record and 

available for inspection and copying under State Government Article, §10-611 et seq., Annotated Code of Maryland, unless the 

applicant claims that the information is confidential when it is submitted to the Department and the Department, at the time of a 

request for inspection or copying, determines that the information is confidential, in accordance with the provisions of State 

Government Article, §10-611 et seq., Annotated Code of Maryland. An applicant who requests the Department to keep 

information confidential shall identify the information in a manner specified by the Department and, when requested by the 

Department, promptly provide specific reasons supporting the claim of confidentiality. Information provided to the Department 
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Effective as of December 03, 2015 

without a request that the information be deemed confidential may be made available to the public. Subject to approval of the 

Department, the applicant may provide a summary of confidential information that is suitable for public review. The contents of a 

Part 70 permit are not subject to confidential treatment. 

H. Terms and Conditions. The Department may include terms and conditions in any permit or approval issued under this 

chapter or COMAR 26.11.03 to ensure continuous compliance with this subtitle. 

I. A permit cannot be obtained because of failure of the Department to act on an application within an applicable time limit 

prescribed by this chapter, COMAR 26.11.03, or 40 CFR §71.7. Failure of the Department to make a decision within a time limit 

for issuing or denying a permit, permit renewal, or permit modification constitutes final agency action solely for the purpose of 

seeking judicial review to compel the Department to make a decision. 

J. To the extent required by the Clean Air Act or authorized by the EPA, the Department may administer and enforce a permit 

issued by the EPA, including treating that permit as if it were a permit issued by the Department. 

K. To the extent required by the Clean Air Act or authorized by the EPA, the Department may include an applicable 

requirement of the Clean Air Act in a permit that it issues regardless of whether the applicable requirement has been adopted as a 

regulation by the Department. 

L. Portable Emissions Units. 

(1) The owner or operator of a portable emissions unit shall obtain a separate permit to construct for each site at which the 

unit is located, in accordance with the procedures in Regulation .11 or .14 of this chapter, as appropriate. An application for each 

site may be submitted at different times or applications may be submitted simultaneously, at the option of the applicant. A permit 

to construct that is issued for a site expires if the portable emissions unit has not been located at the site for 3 years, as provided in 

Regulation .04E of this chapter. 

(2) Simultaneously with submitting an application for a permit to construct a portable emissions unit at the first site on 

which the unit is to be located, the applicant may submit an application for a State permit to operate the unit at that site. If the 

Department issues the permit to construct the portable emissions unit, the Department may simultaneously issue a temporary 

start-up permit to operate the unit at the same site. The temporary start-up permit may be issued or extended by the Department so 

that it is effective for up to 1 year from each date that operation commences of the portable emissions unit, as provided at 

Regulation .04D of this chapter. When it has been demonstrated to the satisfaction of the Department that the unit is capable of 

complying continuously with all applicable requirements, the Department shall issue an operating permit for the unit. 

(3) At any time a temporary start-up permit or a State permit to operate has been issued for a portable emissions unit at the 

first site on which the unit is located, the owner or operator may apply for and the Department may issue a State permit to operate 

the unit at any other site for which a permit to construct has been issued for the unit. 

.03 Federally Enforceable Permits to Construct and State Permits to Operate. 

A. The Department may include a condition in a permit to construct, an approval, or a State permit to operate that limits 

emissions from a source and that is federally enforceable so that the source is not subject to a Part 70 permit or an applicable 

requirement of the Clean Air Act. 

B. Conditions of a permit to construct are federally enforceable if the conditions are based upon applicable requirements of the 

Clean Air Act. 

C. A State permit to operate is federally enforceable if the permit so states and if the permit was processed in accordance with 

the procedures set forth in 54 FR 27274—27288 (June 28, 1989) or other procedures acceptable to EPA for making a permit 

federally enforceable. 

.04 Duration of Permits. 

A. Unless a permit to construct, State permit to operate, or an approval is revoked by the Department or superseded by another 

permit, it remains in effect as provided in this regulation. 

B. Permits to Construct and Approvals. A permit to construct or an approval expires if, as determined by the Department: 

(1) Substantial construction or modification is not commenced within 18 months after the date of issuance of the permit or 

approval, unless the Department specifies a longer period in the permit or approval; 
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(2) Construction or modification is substantially discontinued for a period of 18 months after the construction or 

modification has commenced; or 

(3) The source for which the permit or approval was issued is not completed within a reasonable period after the date of 

issuance of the permit or approval. 

C. State Permits to Operate. 

(1) Except as provided by State Government Article, §10-226(b), Annotated Code of Maryland, a State permit to operate 

expires 5 years from the date of issuance by the Department, unless an earlier expiration date is specified in the permit. 

(2) A State permit to operate for a source may be superseded by the issuance of a Part 70 permit covering that source. 

D. Temporary Start-Up State Permit to Operate. Notwithstanding §§B and C of this regulation, the Department may issue a 

temporary start-up State permit to operate for a source or emission unit within the source for a period not to exceed 90 days. In the 

case of a newly constructed or modified source, the Department may issue a temporary start-up State permit to operate for a 

period not to exceed 1 year. 

E. Portable Emission Units. A permit to construct a portable emission unit at a specific site expires if the Department 

determines that the portable emission unit has not been located at the site for 3 years. 

F. Duration of Part 70 Permits. The duration of Part 70 permits is located in COMAR 26.11.03.05D. 

G. Effect of Permit Expiration. Except as otherwise provided in this chapter or COMAR 26.11.03, the expiration of a permit to 

operate for a source terminates the right of the owner and operator to operate the source. 

.05 Violation of Permits and Approvals. 

A. A person may not violate or cause to be violated any term or conditions of a permit issued under this chapter or COMAR 

26.11.03. The Department may bring any action authorized by law for violation of a permit or any term or condition of a permit. 

These actions include revocation of a permit or any other actions specified in Environment Article, §2-601 et seq., Annotated 

Code of Maryland. Under Environment Article, §2-609, Annotated Code of Maryland, the Department may seek immediate 

injunctive relief against a person who violates a permit in such a manner as to cause a threat to human health or the environment. 

Unless they provide otherwise, the terms and conditions of a permit remain in effect until the permit expires or is revised, 

revoked, or superseded by the issuance of a later permit, order, plan for compliance, or other consent agreement which is 

inconsistent with the earlier permit, either expressly or by necessary implication. 

B. Each day of violation of each provision of a permit is a separate violation, as provided by Environment Article, §§2-609.1, 

2-610, and 2-610.1, Annotated Code of Maryland. Each day of construction, modification, or operation without a permit which is 

in current effect, as required by this chapter and COMAR 26.11.03, is a separate violation. 

C. In addition to or in lieu of bringing an administrative or judicial enforcement action against a person responsible for 

construction, modification, or operation of a source for which a permit has expired or has been revoked, the Department, at its 

option, may treat the permit as remaining in effect for the purpose of administrative or judicial enforcement for violation of the 

provisions of the permit. 

D. Except as provided in a permit shield issued under COMAR 26.11.03.23 for a Part 70 source, the issuance of a permit for a 

particular source does not alter the requirement for the source to comply with all other applicable requirements of the Clean Air 

Act and State air pollution control law. In addition to or in lieu of an administrative or judicial action that may result from 

violation of the permit and approval requirements of this chapter or COMAR 26.11.03, the Department may commence an 

administrative or judicial action authorized by law for violation of applicable requirements of the Clean Air Act or State air 

pollution control law. 

.06 Denial of Applications for State Permits and Approvals. 

A. Applicability. This regulation applies to all permits and approvals except Part 70 permits and general permits. 

B. All Permits to Construct and Approvals. The Department shall deny an application if the applicant does not demonstrate to 

the satisfaction of the Department that the source: 

(1) Shall comply with all applicable emission standards set forth in this subtitle, including but not limited to: 

(a) New Source Performance Standards (NSPS) contained in COMAR 26.11.06.12, 
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(b) Requirements for National Emission Standards for Hazardous Air Pollutants sources (NESHAP sources) contained in 

COMAR 26.11.15.02, 

(c) Requirements for toxic air pollutants contained in COMAR 26.11.15; 

(2) Shall comply with the requirements for the Prevention of Significant Deterioration (PSD) contained in COMAR 

26.11.06.14; 

(3) In the case of an emission unit or other source which is part of a PSD source, shall comply with the conditions of the 

approval by the Department of the PSD source under this regulation which relate to the emission unit or other source; 

(4) Shall comply with the requirements for New Source Review (NSR) sources contained in COMAR 26.11.17; 

(5) Does not interfere with the attainment or maintenance of ambient air quality standards contained in COMAR 26.11.04, 

except as permitted in COMAR 26.11.17; 

(6) Shall comply with the State Workers' Compensation laws as required by Environment Article, §1-202, Annotated Code 

of Maryland; and 

(7) Shall pay all fees and penalties to the Department that are related to the State air pollution control law. 

C. State Permits to Operate. The Department may deny the application for a State permit to operate for a source if the 

Department determines that the applicant has not demonstrated that the applicant and the source shall: 

(1) Comply with all applicable emission standards contained in this subtitle, including but not limited to: 

(a) New Source Performance Standards (NSPS) contained in COMAR 26.11.06.12, 

(b) National Emission Standards for Hazardous Air Pollutants (NESHAPS) contained in COMAR 26.11.15.02, 

(c) Requirements for toxic air pollutants contained in COMAR 26.11.15; 

(2) Comply with the terms and conditions of all approvals, permits, orders, and plans for compliance or other consent 

agreements previously issued or adopted by the Department which are applicable to the source, including approvals and permits 

which have expired or have been revoked or suspended, but whose terms and conditions are intended to be incorporated into 

subsequent operating permits; 

(3) Comply with the State Workers' Compensation laws, as required by Environment Article, §1-202, Annotated Code of 

Maryland; and 

(4) Pay all fees and penalties owed to the Department that are related to the State air pollution control law. 

D. State Permits and Approvals. The Department may deny an application for a permit to construct, an approval, or a State 

permit to operate if: 

(1) The applicant has not complied with all procedural requirements of this regulation; or 

(2) Based on past history of the applicant or source, the Department determines that the source is not expected to comply 

with all applicable requirements of the State air pollution control law. 

.07 Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval. 

A. Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit. 

(1) Denial is final unless the applicant requests a hearing before the Department within 15 days after service. 

(2) When a hearing is requested by the applicant, it shall be held pursuant to the contested case provisions of State 

Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. 

(3) Denials shall be served as summonses are served, or by certified mail upon the applicant. 

B. Denial of Permits to Construct. 

(1) A denial of a permit to construct a source, except for a permit to construct a source subject to Regulation .12 of this 

chapter, is a final determination subject to judicial review in accordance with Regulation .11M of this chapter. 

(2) Notice of the denial of a permit to construct shall be given in accordance with the notice of final determination 

provisions in Regulation .11L of this chapter. 
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C. Revoking or Reopening a Permit. Except as protected by a permit shield provided in accordance with COMAR 

26.11.03.23, the Department may issue an order revoking or reopening a State permit to operate, or the State-only enforceable 

provisions of a Part 70 permit, for violation of a provision of the permit or this subtitle. An order revoking or reopening a permit 

shall be served as summonses are served or by certified mail upon the permittee, and is final unless the permittee requests a 

contested case hearing within 15 days after service. When a hearing is requested by the permittee, it shall be held pursuant to the 

contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. 

.08 Late Applications and Delays in Acting on Applications. 

A. The Department does not issue retroactive permits for sources which are constructed, modified, or operated before being 

covered by a valid permit or approval. Processing and evaluation of late applications follow the requirements of this chapter and 

COMAR 26.11.03. In determining the appropriate penalty to seek in an administrative or judicial enforcement action, the 

Department shall consider, among other things: 

(1) The length of time that a source was not permitted; 

(2) Whether the person responsible for the source had actual or constructive knowledge of the requirements of this chapter 

and COMAR 26.11.03; and 

(3) Whether and to what extent the source was in violation of the other applicable requirements of the State air pollution 

control law or of the Clean Air Act. 

B. As required by the Clean Air Act and State Government Article, §10-226(b), Annotated Code of Maryland, continued 

operation of a source pending final action on an application for the renewal of a State permit to operate or a Part 70 permit is not 

by itself a basis for administrative or judicial enforcement action if the source has submitted a timely and complete application 

and is in compliance with the prior State permit to operate or Part 70 permit. This protection ceases to apply if, subsequent to a 

timely submission of a complete application, the applicant fails to submit by the deadline specified in writing by the Department 

any additional information identified as being needed to process the application. 

.09 Sources Subject to Permits to Construct and Approvals. 

A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first 

obtaining, and having in current effect, the specified permits to construct and approvals: 

(1) New Source Review Source (NSR source), as defined at COMAR 26.11.01.01—approval required, except for electric 

generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7-207 

and 7-208, Annotated Code of Maryland; 

(2) Prevention of Significant Deterioration (PSD) Source, as defined at COMAR 26.11.01.01—approval required, except 

for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities 

Article, §§7-207 and 7-208, Annotated Code of Maryland; 

(3) New Source Performance Standard Source (NSPS source), as defined at COMAR 26.11.01.01 — permit to construct 

required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under 

Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; 

(4) National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR 

26.11.01.01B(21)(a) — permit to construct required, except for electric generating stations that receive a certificate of public 

convenience and necessity (CPCN) under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; 

(5) Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental 

lead—permit to construct required; 

(6) All sources, including installations and air pollution control equipment, except as listed in Regulation .10 of this 

chapter—permit to construct required. 

B. In the event of a conflict between the applicability of §A(1)—(5) of this regulation and an exemption listed in Regulation 

.10 of this chapter, the provision that requires a permit applies. 

C. Approval of a PSD or NSR source by the Department does not relieve the person obtaining approval from also obtaining all 

permits to construct required by §A(3)—(6) of this regulation. 
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D. General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions 

units, or control equipment. 

.10 Sources Exempt from Permits to Construct and Approvals. 

A person may construct or modify or cause to be constructed or modified any of the following sources without first obtaining, 

and having in current effect, a permit to construct: 

A. Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities 

Article, §§7-207 and 7-208, Annotated Code of Maryland; 

B. Motor vehicles, steamships, tugs, and railroad locomotives; 

C. Fuel-burning equipment and space heaters using gaseous fuels or No. 1 or No. 2 fuel oil with a heat input less than 

1,000,000 Btu (1.06 gigajoules) per hour; 

D. Repealed. 

E. Stationary internal combustion engines with an output less than 500 brake horsepower (373 kilowatts) and which are not 

used to generate electricity for sale or load shaving as that term is defined in COMAR 26.11.36.01B; 

F. Bench scale laboratory equipment used exclusively for chemical or physical analysis or experimentation; 

G. Portable brazing, soldering, or welding equipment; 

H. Comfort air conditioning or comfort ventilating systems which are not designed to remove emissions generated by or 

released from specific units of equipment; 

I. Water cooling towers and water cooling ponds unless used for evaporative cooling of water from barometric jets or 

barometric condensers, or used in conjunction with an installation requiring a permit to operate; 

J. Equipment used exclusively for steam cleaning; 

K. Grain, metal, plastic, or mineral extrusion presses; 

L. Porcelain enameling drying ovens; 

M. Unheated VOC dispensing containers or unheated VOC rinsing containers of 60 gallons (227 liters) capacity or less; 

N. Equipment used for hydraulic or hydrostatic testing; 

O. The following equipment or an exhaust system or collector servicing exclusively this equipment: 

(1) Blast cleaning equipment using a suspension of abrasive in water; 

(2) Commercial bakery ovens with a rated heat input capacity of less than 2,000,000 Btu per hour; 

(3) Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, electricity, or any 

combination of these; 

(4) Confection cookers where the products are edible and intended for human consumption; 

(5) Drop hammers or hydraulic presses for forging or metal working; 

(6) Die casting machines; 

(7) Photographic process equipment used to reproduce an image upon sensitized material through the use of radiant energy; 

(8) Equipment for drilling, carving, cutting, routing, turning, sawing, planing, spindle sanding, or disc sanding of wood or 

wood products; 

(9) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions; 

(10) Equipment for washing or drying products fabricated from metal or glass, provided that no VOC is used in the process 

and that no oil or solid fuel is burned; 

(11) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solution or bleach or detergents; 

(12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, or electrolytic 

stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals; 
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(13) Breweries with an annual beer production less than 60,000 barrels; and 

(14) Municipal solid waste landfills that have a design capacity of less than 500,000 tons of municipal solid waste and that 

are not major sources; 

P. Natural draft hoods or natural draft ventilators; 

Q. Containers, reservoirs, or tanks used exclusively for: 

(1) Dipping operations for coating objects with oils, waxes, or greases, where no VOC is used; 

(2) Dipping operations for applying coatings of natural or synthetic resins which contain no VOC; 

(3) Storage of butane, propane or liquefied petroleum, or natural gas; 

(4) Storage of lubricating oils; 

(5) Unheated storage of VOC with an initial boiling point of 300°F (149°C) or greater; 

(6) Storage of Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel; 

(7) Storage of motor vehicle gasoline, having an individual tank capacity of 2,000 gallons or less; 

(8) The storage of VOC normally used as solvents, diluents, thinners, inks, colorants, paints, lacquers, enamels, varnishes, 

liquid resins, or other surface coatings and having a capacity of 2,000 gallons (7.6 cubic meters) or less; 

R. Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does not involve molten 

materials; 

S. Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) or less each, in 

which no sweating or distilling is conducted, or any fluxing conducted, using chloride, fluoride, or ammonium compounds and 

from which only the following metals are poured or in which only the following metals are held in a molten state: 

(1) Aluminum or any alloy containing over 50 percent aluminum, if no gaseous chloride compounds, chlorine, aluminum 

chloride, or aluminum fluoride is used; 

(2) Magnesium or any alloy containing over 50 percent magnesium; 

(3) Lead or any alloy containing over 50 percent lead; 

(4) Tin or any alloy containing over 50 percent tin; 

(5) Zinc or any alloy containing over 50 percent zinc; 

(6) Copper; or 

(7) Precious metals; 

T. Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping purposes; 

U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of 5 square feet (0.46 square 

meter) or less; 

V. Hazardous waste incinerators, as defined in COMAR 26.13.01.03B(33), and for which a hazardous waste facility permit 

has been applied or issued by the Department under COMAR 26.13.07; 

W. Sheet-fed letter or lithographic printing presses with a cylinder width of less than 18 inches; and 

X. Other installations if: 

(1) The proposed installation is not subject to any source-specific State or federal limitation or emissions standard, 

including any mass emissions rate limitation, pollutant concentration limitation, material formulation standard, equipment 

performance standard, or work practice standard; 

(2) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in COMAR 

26.11.15.01B(4); and 
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(3) The pre-control potential-to-emit from the proposed installation, combined with any potential increase in emissions from 

other installations that could be caused by the proposed installation, is less than 1 ton per calendar year for: 

(a) Volatile organic compounds; 

(b) Each pollutant for which there is a federal ambient air quality standard; and 

(c) Each Class II toxic air pollutant, as defined in COMAR 26.11.15.01B(5). 

.11 Procedures for Obtaining Permits to Construct Certain Significant Sources. 

A. Applicability. 

(1) The owner or operator of a source shall comply with the procedures in this regulation when applying for a permit to 

construct for any of the activities listed in §A(2) of this regulation at any source: 

(a) For which a State permit to operate is required, as provided in Regulation .13 of this chapter; 

(b) Subject to federal new source performance standards at 40 CFR 60, national emission standards for hazardous air 

pollutants at 40 CFR 61, or prevention of significant deterioration requirements at 40 CFR §52.21; 

(c) That, after control, will discharge 25 tons per year or more of a pollutant regulated under Environment Article, Title 

2, Annotated Code of Maryland, in the areas of Baltimore City designated by the United States Post Office as zip code numbers 

21225, 21226, and 21230; or 

(d) Of lead that will discharge 5 tons per year or more of lead or lead compounds measured as elemental lead. 

(2) This regulation applies to applications for permits to construct for the following activities at the sources listed in §A(1) 

of this regulation: 

(a) Construction of a new source; 

(b) Replacement of components of an existing permitted source, if the fixed capital cost of the replacement components 

exceeds 1/2 of the fixed capital cost that would be required to construct a new source comparable in process to the existing 

source; and 

(c) Modification of an existing permitted source by making a physical or operational change to the source that will result 

in a significant net increase in emissions of any pollutant from that source. 

(3) Before issuing a permit to construct for any of the activities listed in §A(2) of this regulation, at a source that is subject 

to federal new source performance standards under 40 CFR 60, the Department shall either comply with the provisions of §§E—

N of this regulation, or with the following procedures: 

(a) Electronically post a notice of an application for the permit on the Department’s website in accordance with 

Environment Article, §1-602(B)(2), Annotated Code of Maryland; 

(b) Give notice to the chief executive of any county or municipal corporation in which any portion of the source is 

located or is proposed to be located; and 

(c) Receive comments from the public on the permit application. 

B. Exception for an Approval and for Certain Control Equipment. Notwithstanding the requirements of §A, this regulation 

does not apply to: 

(1) The approval phase of a source for which an approval is required; and 

(2) The construction or installation of air pollution control equipment for which a permit to construct is required, as 

provided in Regulation .09 of this chapter, and that will control an existing source. 

C. Consolidated Procedures. For a source that is subject to this regulation and is also a Part 70 source, the Department may 

authorize special procedures, at the applicant's request, for the applicant to apply simultaneously, to the extent possible, for a 

permit to construct and a Part 70 permit, or a revision to a Part 70 permit. These procedures may provide for combined public 

notices, informational meetings, and public hearings for both permits but may not adversely affect the rights of a person, 

including the EPA and affected states, to obtain information about the application for a permit, to comment on an application, or 

to challenge a permit that is issued. In addition, these procedures may not alter any existing Part 70 permit procedures or time 

frames. 
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D. Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms 

provided by the Department. The information that the Department requires may vary depending on the type of source. The 

applicant shall provide information sufficient to enable the Department to determine whether the source can be constructed so that 

it can comply with all applicable requirements of the Clean Air Act and State air pollution control law. An application shall 

include evidence of compliance with State Workers' Compensation laws as required by Environment Article, §1-202, Annotated 

Code of Maryland. Unless otherwise required by the Department, the application forms shall be complete and include the 

following information: 

(1) For process or manufacturing equipment or operations: 

(a) Drawings that depict the layout of the equipment or operations; 

(b) Flow sheets that depict how the equipment or operations relate to each other; 

(c) Material balance sheets; 

(d) Equipment drawings and literature; and 

(e) Purchase specifications; 

(2) For air pollution control equipment: 

(a) Vendor proposals or quotations; 

(b) Vendor guarantees; 

(c) Equipment drawings and literature; and 

(d) Purchase specifications; 

(3) For a source that will be located at a new facility: 

(a) An area map; and 

(b) If requested, additional information regarding the nature of the area, including distances to residences and other 

buildings. 

E. Notice of Application; Informational Meeting. 

(1) The Department shall require the applicant to send to a newspaper for publication a notice regarding the application that 

satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland. As determined by the Department, 

the notice shall provide for an informational meeting or an opportunity for the public to request an informational meeting within 

10 days of publication of the notice. If the Department decides to hold an informational meeting because of requests for a 

meeting, the Department shall publish or require the applicant to publish a notice regarding the informational meeting that 

satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland. Unless the Department determines 

otherwise, notice of an informational meeting shall be published not later than 10 days before the meeting is held. 

(2) In addition to the requirements under §E(1) of this regulation, on receipt of an application for a permit to construct 

subject to this regulation, the Department shall give notice immediately or require the applicant to give notice immediately of the 

application, by certified mail, to: 

(a) The governing body of each county or municipal corporation in which any portion of the source is located or is 

proposed to be located; 

(b) The governing body of each county or municipal corporation within 1 mile of the property line of the source or the 

proposed location of the source; 

(c) Each member of the General Assembly representing any part of a county in which any portion of the source is located 

or proposed to be located; and 

(d) Each member of the General Assembly representing any part of each county within 1 mile of the property line of the 

source or the proposed location of the source. 
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F. The Department shall ensure that the application is available to the public for inspection and copying. 

G. If an informational meeting is held regarding the application, the applicant shall attend the meeting and present information 

concerning the application. 

H. Tentative Determination. 

(1) The Department shall prepare a tentative determination regarding the application. The content of the tentative 

determination shall include: 

(a) A proposal to issue or deny the permit; 

(b) Any proposed permit terms and conditions; 

(c) A brief explanation of the Department's tentative determination; 

(d) Any proposed schedule of compliance; 

(e) If the tentative determination is to issue the permit, a draft permit, which shall be available to the public for inspection 

and copying. 

(2) In addition to the content of the tentative determination, the following documents shall be made available to the public 

for inspection and copying no later than the date of issuance of the tentative determination: 

(a) The permit application and all supporting documents submitted with the application; 

(b) All nonprivileged documents the Department relied upon in making the tentative determination; and 

(c) A privilege log that identifies all withheld documents and states the reasons for withholding each document. 

I. Notice of Tentative Determination; Public Comment; Public Hearing. The Department shall publish or require the applicant 

to publish a notice regarding the tentative determination that satisfies the requirements of Environment Article, §1-602, Annotated 

Code of Maryland. The notice shall provide the opportunity for written public comment for a period of 30 days, which may be 

extended no more than once by an additional 60 days, upon written request received by the Department within the original 

comment period. As determined by the Department, the notice shall provide either that a public, nonadjudicatory hearing will be 

held regarding the tentative determination or that the public may request in writing within 20 days that a public hearing be held. If 

the Department decides to hold a public hearing because of requests for a hearing from the general public filed in writing within 

the 20-day request period, or from the applicant, the Department shall publish or require the applicant to publish a notice 

regarding the hearing that satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland.

J. Public Comments. If a public hearing is held regarding the tentative determination, the applicant shall attend the hearing and 

present information concerning the application. Written public comments will be accepted if they are received by the Department 

at the public hearing or within 5 days after the public hearing or before the close of the public comment period. Oral public 

comments may be made at the public hearing. The Department shall consider all public comments that raise issues of law or 

material fact regarding an application for a permit or a tentative determination, but only if the issues are pertinent to requirements 

of the Clean Air Act or State air pollution control law applicable to the proposed permit to construct. Comments raising issues 

that relate to the location or nature of a proposed source may be considered only if the commenter first demonstrates to the 

satisfaction of the Department that the Department is required by law to consider the issues. 

K. Final Determination. 

(1) The Department shall prepare a final determination if: 

(a) Timely and pertinent written comments are received during the public comment period, or not later than 5 days after 

the public hearing, that are adverse to the tentative determination; 

(b) Oral comments are received at the public hearing that are adverse to the tentative determination and the Department 

prepared a transcript of those comments; or 

(c) The final determination is substantively different from the tentative determination. 

(2) The final determination shall constitute the Department’s final decision. 
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L. Notice of Final Determination. 

(1) If the Department is required to prepare a final determination, as provided in §K of this regulation: 

(a) Subject to the requirements of §L(1)(b)(i)—(iii) of this regulation, the Department shall publish or require the 

applicant to publish a Notice of Final Determination that satisfies the requirements of Environment Article, §1-602(a), Annotated 

Code of Maryland; and 

(b) If the final determination differs substantively from the tentative determination, then prior to publishing a Notice of 

Final Determination pursuant to §L(1)(a) of this regulation the Department may: 

(i) Publish a Notice of Intent to Issue a Final Determination that includes a proposed final determination, and provides 

the opportunity for written public comment for a period of 30 days on the portion of the proposed final determination that differs 

substantively from the tentative determination; 

(ii) Consider all public comments submitted on the portion of the proposed final determination that differs 

substantively from the tentative determination, subject to the criteria set forth in COMAR 26.11.02.11J; and 

(iii) Prepare written responses to public comments submitted on the proposed final determination. 

(2) If the Department is not required to prepare a final determination under §K of this regulation, the Department shall issue 

or deny the permit and the tentative determination becomes the final determination and shall constitute the Department’s final 

decision. 

(3) The Department shall electronically post notice that the tentative determination has become the final determination on 

the Department’s website. 

M. Judicial Review. 

(1) In accordance with Environment Article, §1-601(c), Annotated Code of Maryland, a final determination by the 

Department to issue or deny a permit to construct subject to Environment Article, §2-404, Annotated Code of Maryland, shall be 

subject to judicial review at the request of any person who: 

(a) Meets the threshold standing requirements under federal law; and 

(b) Is the applicant or participated in a public participation process through the submission of written or oral comments, 

unless an opportunity for public participation was not provided. 

(2) Judicial review shall be on the administrative record before the Department and limited to objections raised during the 

public comment period, unless the petitioner demonstrates that: 

(a) The objections were not reasonably ascertainable during the comment period; or 

(b) Ground for objections arose after the comment period. 

(3) Unless otherwise required by statute, a petition for judicial review shall be filed with the circuit court for the county 

where the application for the permit states that the proposed activity will occur. 

(4) A person submitting a petition for judicial review shall file the petition within 30 days after publication of a Notice of 

Final Determination. 

(5) Except as expressly provided in Environment Article, §1-605(d), Annotated Code of Maryland, a party to the judicial 

review action may not challenge a facility’s compliance with zoning and land use requirements. 

(6) Judicial review under this regulation shall be limited to a record compiled by the Department consisting of: 

(a) Any permit application and any data submitted to the Department in support of the application; 

(b) Any draft permit issued by the Department; 

(c) Any notice of intent from the Department to deny the application or to terminate the permit; 

(d) A statement or fact sheet explaining the basis for the determination by the Department; 

(e) All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department; 

(f) All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained 

in the supporting file for any draft permit; 
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(g) All comments submitted to the Department during the public comment period, including comments made on the draft 

application; 

(h) Any tape or transcript of any public hearings held on the application; and 

(i) Any response to any comments submitted to the Department. 

N. For the purposes of this regulation, a notice that satisfies the requirements of Environment Article, §1-602(a), Annotated 

Code of Maryland, is a notice that is published at least once a week for 2 consecutive weeks in a daily newspaper of general 

circulation in the geographic area in which the source is, or will be, located. The Department may also require the applicant to 

mail notice to any other person who has requested the notice, or to the person's authorized representative, and may require the 

applicant to post the notice in the vicinity of the proposed source or at public facilities in the geographic area of the proposed 

source. The applicant shall bear all costs related to providing the notice. 

.12 Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-byCase MACT Determinations in Accordance with 40 CFR Part 63, Subpart B. 

A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation when applying for the 

following: 

(1) Approval for a source that is a Prevention of Significant Deterioration (PSD) source or a New Source Review (NSR) 

source; 

(2) Unless it is subject to Regulation .11 of this chapter: 

(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 

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) A permit to construct a lead source that will discharge 5 tons per year or more of lead or lead compounds measured as 

elemental lead; or 

(4) A case-by-case MACT determination for a source, in accordance with 40 CFR Part 63, Subpart B. 

B. Procedures. The owner or operator of a source subject to this regulation shall comply with the procedures in §§C—L of this 

regulation. 

C. Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms 

provided by the Department. The information that the Department requires may vary depending on the type of the source and 

whether PSD or NSR approval or a permit to construct is sought. The applicant shall provide sufficient information to enable the 

Department to determine whether the source can comply with the requirements of COMAR 26.11.06.14 for a PSD source, or 

COMAR 26.11.17 for an NSR source. 

D. Within 10 working days, the Department shall acknowledge receipt of an application for an approval or permit to construct. 

E. After receipt of a complete application, the Department shall: 

(1) Make a determination to proceed with the application or deny the approval or permit to construct; 

(2) Upon a determination to proceed with the application, make available for public inspection in at least one location in the 

region in which the proposed source is to be constructed, a copy of the information submitted by the applicant and a copy or 

summary of other information considered by the Department. 

F. Notice of Opportunity to Submit Written Comments and to Request a Public Hearing. The applicant shall publish a notice 

in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a 

certification of publication with the Department. The notice shall be made at the applicant's expense, in a format approved by the 

Department, and include: 

(1) A summary of the nature and location of the proposed source; 

(2) The place where the information required by §E(2) of this regulation is available for public inspection; 
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(3) A statement that a person has 10 days after the publication date of the notice to submit a written request for a public, 

nonadjudicatory hearing on the application; 

(4) A statement that a person has 30 days after the publication date of the notice to submit written comments on the 

application; and 

(5) The address to which the request for a public hearing and written comments shall be sent. 

G. Notice of Public Hearing. If the Department schedules a public hearing on an application, the applicant shall publish a 

notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice 

and a certification of publication with the Department. The notice shall: 

(1) Be made at the applicant's expense in a format approved by the Department; 

(2) Include the date, time, location, and subject of the hearing; and 

(3) Be published at least 30 days before the scheduled hearing. 

H. The Department may decide to proceed directly to a public hearing, in which event the requirements of §§F and G of this 

regulation will be combined as appropriate to ensure that the public has 30 days notice of the public hearing and 30 days 

opportunity to provide written comments. 

I. The Department shall consider all public comments that raise issues of law or material fact regarding an application for an 

approval or permit to construct, but only if the issues are pertinent to requirements applicable to PSD and NSR approvals or 

permits to construct. Comments raising issues that relate to the location or nature of a proposed source for which approval or 

permit to construct is sought may not be considered unless the commenter first demonstrates to the satisfaction of the Department 

that the Department is required by law to consider the comments. 

J. Not later than 60 days after the conclusion of a public comment period or the public hearing, whichever is later, the 

Department shall issue or deny the approval or permit to construct. 

K. A source for which an approval is obtained under this regulation may not be constructed until a permit to construct is 

obtained for the source. 

L. In place of all or any portion of the procedures set forth in this regulation, the Department may use all or any portion of the 

procedures set forth in 40 CFR §52.21 to process an application for approval of a PSD source. 

.13 Sources Subject to State Permits to Operate. 

A. Except for a source that is covered by a Part 70 permit, a person may not operate or cause to be operated any of the 

following sources without first obtaining, and having in current effect, a State permit to operate as required by this regulation: 

(1) General and by-product waste incinerators of 2,000 pounds (907 kilograms) or more per hour rated capacity, 

crematoriums, pathological incinerators, incinerators burning special medical waste as defined in COMAR 26.13.11.02B, and 

sewage sludge incinerators; 

(2) Fuel-burning equipment, hot oil heaters, and stationary combustion turbines with a maximum rated heat input capacity 

of 50 million Btu (52.8 gigajoules) or more per hour; 

(3) Glass melting furnaces of 1 ton (907 kilograms) or more per hour throughput, or 1 ton (907 kilograms) or more capacity; 

(4) Metallurgical furnaces involving molten metal holding 1 ton (907 kilograms) or more of metal or having a throughput 

greater than 500 pounds (227 kilograms) per hour; 

(5) Metal reclamation furnaces; 

(6) By-product recovery furnaces of 1 ton (907 kilograms) or more capacity or 1 ton (907 kilograms) or more per hour 

throughput; 

(7) Lime kilns; 

(8) Cement kilns; 

(9) Other kilns of 1 ton (907 kilograms) or more per hour throughput; 

(10) Rendering cookers and offal dryers; 
DEPARTMENT OF THE ENVIRONMENT 

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(11) Wood digesters; 

(12) Sulfuric acid plants; 

(13) Installations associated with chemical production facilities, including reactors, distillation columns, evaporators, and 

strippers, that have: 

(a) A pre-control potential-to-emit for VOC of 20 pounds or more per day; and 

(b) Are located at a premises that has a total pre-control potential-to-emit for VOC of 100 pounds or more per day from 

all chemical production processes subject to COMAR 26.11.19.30; 

(14) Mineral products or metallic ore through-circulation dryers of 5 tons (4540 kilograms) or more per hour throughput or 

5 tons (4540 kilograms) or more capacity; 

(15) Spray dryers of 1 ton (907 kilograms) or more capacity or 1 ton (907 kilograms) or more per hour dry product 

throughput; 

(16) Crushers, hammermills, shredders, grinders, classifying screens of 5 tons (4540 kilograms) or more per hour 

throughput; 

(17) Dry type ball and roller mills of 2 tons (1810 kilograms) or more per hour throughput; 

(18) VOC storage tanks required by State or federal regulations to have VOC recovery or control devices, except gasoline 

storage tanks at gasoline dispensing facilities not located at a bulk gasoline plant or a bulk gasoline terminal, as those terms are 

defined by COMAR 26.11.13.01B; 

(19) Motor vehicle fuel storage tanks, except for diesel fuel, with a capacity of 40,000 gallons (151 cubic meters) or more; 

(20) Gasoline tank truck loading racks outloading 20,000 gallons (75.7 cubic meters) or more per day; 

(21) VOC recovery installations, including distillation units and condensers, used to recover VOC for reuse in processes at a 

premises that has a total pre-control potential-to-emit for VOC of 100 pounds or more per day from all VOC recovery 

installations; 

(22) Inorganic chemical or pigment production installations of 1 ton (907 kilograms) or more per hour rated product 

throughput; 

(23) Coating, decorating, and impregnating lines with integral drying ovens at which solvent-based materials are applied by 

automatic equipment to surfaces at a premises that has a total pre-control potential-to-emit for VOC emissions of 100 or more 

pounds per day from all coating, decorating, and impregnating lines; 

(24) "Web printing" press lines with integral drying ovens as defined in COMAR 26.11.19.01B; 

(25) Grain elevators and terminals of 10,000 bushels or more per hour grain leg capacity; 

(26) Frit smelters; 

(27) Portland cement clinker coolers; 

(28) Benzene storage tanks of 500 gallons (1.9 cubic meters) or more capacity; 

(29) Benzene truck loading racks; 

(30) Galvanizing operations using fluxes and pre-fluxes; 

(31) Coal tar or petroleum pitch impregnating operations; 

(32) Gypsum calcining kettles; 

(33) Pulverized material separators with 1 ton (907 kilograms) or more per hour capacity; 

(34) Honeycomb core manufacturing installations; 

(35) Yeast production installations; 

(36) Plastic credit card manufacturing installations; 

(37) Magnetic tape manufacturing installations; 

(38) Coal or ore export loading or unloading installations; 
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(39) Petroleum-contaminated soil treatment installations; 

(40) Stainless steel manufacturing installations including electric arc furnaces, argon-oxygen decarbonization vessels, reheat furnaces, pickling lines, or slab and billet grinding; 

(41) Catalyst manufacturing installations including reactors, calciners, dryers, crushers, or classifying systems; 

(42) Primary aluminum production installations including potlines, anode bake ovens, reverbatory furnaces, or alumina 

handling systems; 

(43) Installations associated with titanium dioxide production facilities, including chlorination reactors, oxidation reactors, 

and spray driers, of 1 ton (907 kilograms) or more per hour physical capacity or 1 ton (907 kilograms) or more per hour 

throughput capacity; 

(44) Automobile or truck production and assembly premises; 

(45) Stationary internal combustion engines located at natural gas pumping stations or electric generating stations; 

(46) Waste oil disposal, treatment, or recovery installations located at commercial premises that collect or consolidate 

materials containing waste oil from more than one premises unless: 

(a) The total pre-control potential-to-emit for VOC from all such installations is less than 20 pounds per day; 

(b) The total pre-control potential-to-emit for Class I toxic air pollutants from all such installations is 1 pound or less per 

day, and for Class II toxic air pollutants is less than 1 ton per year; 

(c) Incoming waste materials, and any recovered oils, are not heated to a temperature greater than 212 oF during any 

phase of transfer, processing or storage; and 

(d) Such installations do not require control equipment to comply with any Maryland air pollution control regulation, 

including regulations that prohibit odor and nuisance beyond facility boundaries; 

(47) Synthetic fuel, rocket fuel, or explosives production premises of 500 pounds (227 kilograms) or more per hour product 

throughput; 

(48) Synthesized pharmaceutical manufacturing installations that: 

(a) Have a pre-control potential-to-emit for VOC of 15 or more pounds per day; or 

(b) Are located at a premises that has a total pre-control potential-to-emit for VOC of 33 pounds or more per day from all 

synthesized pharmaceutical manufacturing processes; 

(49) Shoe or footwear manufacturing installations; 

(50) Asphalt blowing and asphalt building products saturation or roll coating installations; 

(51) Slab, billet, or ingot re-heat furnaces with a maximum rated heat input capacity of 50 million Btu (52.8 gigajoules) or 

more per hour; 

(52) Polyester resin products manufacturing installations, including installations manufacturing reinforced plastic products 

such as fiberglass, at a premises with a total polyester resin consumption of more than 50 tons per year; 

(53) All alkyd resin reactors and alkyd resin thin-down tanks; 

(54) Solvent-based paint manufacturing installations with a potential product throughput of 250 or more gallons per hour; 

(55) Fluoropolymer material (FPM) process installations that treat FPM so that its shape or form is permanently changed, 

and have total actual uncontrolled VOC emissions of 20 pounds or more on any operating day; 

(56) Hot-mix asphalt concrete production installations; 

(57) Installations used to treat wood with creosote or chrome copper arsenate (CCA) by impregnation in a pressurized 

vessel; 

(58) Iron and steel production installations as defined in COMAR 26.11.10.01B; 

(59) Solvent-based adhesive manufacturing installations located at a premises with a total pre-control potential-to-emit for 

VOC of 50 pounds or more per day from all such installations; 
DEPARTMENT OF THE ENVIRONMENT 

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(60) A source for which the owner or operator requests a State permit to operate in order to make the permit federally 

enforceable under Regulation .03 of this chapter; or 

(61) Any other source that the Department determines has the potential to have a significant impact on air quality. 

B. In determining whether a source has the potential to have a significant impact on air quality, for purposes of §A(61) of this 

regulation, the Department shall consider the following: 

(1) The quality, quantity, or characteristics of the pollutants discharged, including their toxicity; 

(2) The location of the source, including its affects on an area that has not met ambient air quality standards; and 

(3) Whether permit conditions are necessary to ensure that the source complies continuously with the requirements of the 

State air pollution control law. 

C. Section A of this regulation requires a State permit to operate for each emissions unit at a source covered by a Part 70 

permit if the emissions unit is not provided for in the Part 70 permit and is a source listed in §A of this regulation. When the Part 

70 permit is revised to include the emissions unit, the Part 70 permit constitutes the State permit to operate for that emissions unit. 

D. The Department, on a case-by-case basis, may exempt a source from the requirement for a State permit to operate on the 

basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the source has a limited potential 

to cause air pollution. 

E. The Department may issue a single State permit to operate for two or more sources located at a single facility or the 

Department may issue two or more State permits to operate for emission units within a source. 

F. A State permit to operate issued by the Department under §A(60) of this regulation is not a required permit to operate under 

Environment Article, §2-404(a)(1), Annotated Code of Maryland. 

G. Unless it is not practical to do so, a permittee shall maintain all permits in the vicinity of the source for which the permit 

was issued and make the permit immediately available to officials of the Department upon request. 

H. The Department may issue a general State permit to operate covering similar sources. 

.14 Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to 

Construct Control Equipment on Existing Sources. 

A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation for any source or 

activity: 

(1) That is not listed in Regulation .11A or .12 of this chapter; 

(2) That constitutes air pollution control equipment for which a permit to construct is required, as provided in Regulations 

.09 and .10 of this chapter, and that will control an existing source. 

B. Notwithstanding the requirements of §A of this regulation, the procedures of this regulation do not apply to a source for 

which a general permit to construct is required, as provided in Regulation .09D of this chapter. 

C. The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the 

Department. The information that the Department requires may vary depending on the type of source and whether the application 

is for a permit to construct or State permit to operate. The applicant shall provide information sufficient to enable the Department 

to begin to determine whether the source can be operated in continuous compliance with all applicable requirements of the Clean 

Air Act and State air pollution control law. Each application shall include evidence of compliance with the State Workers' 

Compensation law as required by Environment Article, §1-202, Annotated Code of Maryland. Unless otherwise required by the 

Department, the application forms for a permit to construct shall be complete and include the following information: 

(1) For process or manufacturing equipment or operations: 

(a) Drawings that depict the layout of the equipment or operations; 

(b) Flow sheets that depict how the equipment or operations relate to each other; 

(c) Material balance sheets; 

(d) Equipment drawings and literature; and 

(e) Purchase specifications; 
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(2) For air pollution control equipment: 

(a) Vendor proposals or quotations; 

(b) Vendor guarantees; 

(c) Equipment drawings and literature; and 

(d) Purchase specifications; 

(3) For a source that will be located at a new facility: 

(a) An area map; and 

(b) If requested, additional information regarding the nature of the area, including distances to residences and other 

buildings. 

D. An application for a permit to construct may be submitted at any time. A complete application for an initial State permit to 

operate shall be submitted not later than 60 days before the source is to commence operating. A complete application for the 

renewal of a State permit to operate shall be submitted not later than 60 days before the expiration date in a State permit to 

operate. If a timely application for a renewal has been submitted, the current State permit to operate remains in effect until the 

Department makes a final decision to issue or deny the permit. 

E. Permits subject to this regulation are not subject to public notice, informational meetings, public hearings, or other public 

participation procedures which pertain to permits to construct and approvals subject to Regulations .11 and .12 of this chapter and 

to Part 70 permits. 

F. Not later than 15 days after a permit is denied or a permit is issued with terms or conditions unacceptable to the applicant, 

the applicant may appeal the denial or the unacceptable terms and conditions. The Department shall refer the appeal to the Office 

of Administrative Hearings to conduct a contested case hearing. As provided in Environment Article, §1-601(b), Annotated Code 

of Maryland, only the permit applicant is entitled to a contested case hearing on a permit subject to this regulation. A permit to 

construct that is appealed is not in effect until the Department makes a final decision following the contested case hearing. 

Notwithstanding any other provision of this chapter, the procedures of this section also apply to the State-only enforceable 

conditions of a Part 70 permit. 

.15 Part 70 Permits. 

Additional provisions for Part 70 permits appear in COMAR 26.11.03. 

.16 Permit Fees. 

A. General Requirements for Sources Requiring a Permit to Construct or Permit to Operate. 

(1) Fees for Permit to Construct. Upon receiving an application for a permit to construct, the Department shall determine 

the appropriate permit fee and bill the applicant. The fee shall be as prescribed in Regulation .17 or .18 of this chapter. 

(2) Fees for Permits to Operate. 

(a) The fees for State permits to operate and permits issued pursuant to Title V of the federal Clean Air Act Amendments 

of 1990, 42 U.S.C. §§7661—7661f, including Part 70 permits, are as prescribed in Regulation .19 of this chapter. 

(b) Initial Permits. Upon receiving an application for an initial permit to operate, the Department shall determine the 

appropriate permit fee covering the first and second 12-month periods of the permit and bill the applicant. For subsequent years, 

the Department shall determine the appropriate annual permit fee in accordance with Regulation .19 of this chapter. 

(c) Subsequent Periods. For permits to operate that expire more than 12 months after issuance by the Department, the 

Department shall determine the appropriate permit fee covering each successive 12-month or shorter period of the permit, after 

the first 12-month period, and bill the applicant or person having the permit in current effect 60 days before the date that the 

permit fee is due. The permit fee is due on and shall be paid on or before each 12-month anniversary of the date of the permit 

issuance by the Department. 

(3) Time Period Covered by Fees. Except as provided by Regulation .04 of this chapter or if the Department prescribes a 

shorter period of time, a fee prescribed in Regulation .19 of this chapter covers a period of 12 months from the date the permit is 

issued or from a subsequent anniversary of the date. 
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(4) Temporary or Start-Up Permits for New or Modified Sources. 

(a) The Department may issue a temporary or start-up permit to operate in accordance with Regulation .04D of this 

chapter. There is no fee for the issuance of a temporary or start-up permit to operate. 

(b) When a temporary or start-up permit expires, the Department may amend an existing permit to operate to include the 

new or modified sources covered by the temporary or start-up permit or may require the owner or operator to apply for a new 

permit to operate. 

(5) Failure to Pay Fees. 

(a) The Department may not issue a permit to construct, an initial permit to operate, or a renewal of a permit to operate 

until all appropriate fees are paid in full. 

(b) Failure to pay the annual permit to operate fee constitutes cause for revocation of the permit by the Department. 

(6) Permit fees are not refundable.

(7) When assessing the permit fees under this chapter, the Department shall ensure that the fee for a source does not exceed 

the maximum fees authorized by Environment Article, §2-403, Annotated Code of Maryland. 

B. New or Modified Electric Generating Stations Constructed by Electric Companies. An electric company applying for a 

Certificate of Public Convenience and Necessity for a new or modified electric generating station under Article 78, §54A or 54B, 

Annotated Code of Maryland, or for a modification to an electric generating station under Article 78, §54I, Annotated Code of 

Maryland, shall pay a fee to the Department when it submits the application to the Public Service Commission. The fee shall be as 

prescribed in Regulation .18 of this chapter. 

C. Permits and Fees for Portable Equipment. 

(1) A person who owns or operates portable equipment shall obtain a permit to construct and pay a fee for each location at 

which the portable equipment is to be constructed and operated. 

(2) The permit to construct fee for portable equipment for any other location is 50 percent of the fee prescribed in 

Regulation .17 of this chapter. 

D. Permit fees shall be paid by check made payable to the Department of the Environment Clean Air Fund. 

.17 Fee Schedule: Permit to Construct. 

A. A person who submits an application for a permit to construct shall pay one of the following: 

(1) A fee of $200 for tank farms at motor vehicle or off-road vehicle refueling facilities, charbroilers, and pit barbecues; or 

(2) A base fee of $500 for all other sources, plus any applicable additional fees listed in §B of this regulation. 

B. Additional Fees. 

(1) Fuel-burning equipment burning gas with a rated heat input capacity of at least 30 million Btu per hour but less than 50 

million Btu per hour or fuel-burning equipment burning No. 2 fuel oil with a rated heat input capacity of at least 10 million Btu 

per hour but less than 50 million Btu per hour — $300 each; 

(2) A source that: 

(a) Does not discharge a Class I TAP; 

(b) Has emissions of less than 25 pounds per day; and 

(c) Is not constructed at an existing premises that has total emissions of greater than 35 pounds per day — $300;

(3) A source subject to T-BACT but not required to obtain a State permit to operate — $800; 

(4) A source required to obtain a State permit to operate but not covered by §B(5), (6), (7) or (8) of this regulation — 

$1,000; 

(5) A NESHAP or NSPS source, except fuel-burning equipment with a rated heat input capacity of less than 50 million Btu 

per hour burning either gas or No. 2 fuel oil, but not covered by §B(6), (7), or (8) of this regulation — $1,500; 

(6) A source that requests a limitation on emissions to preclude applicability of major source regulations, and is not covered 

by §B(7) or (8) of this regulation — $1,500; 
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(7) A source that demonstrates compliance with COMAR 26.11.15 using a dispersion model other than a screening model, 

and is not covered by §B(8) of this regulation — $5,000; or 

(8) A source applying for a PSD approval, an NSR approval (including a Plantwide Applicability Limit (PAL) permit), or a 

special permit under COMAR 26.11.15 — $20,000 each. 

.18 Fee Schedule for New or Modified Electric Generating Stations. 

New or modified electric generating stations shall pay a fee of $20,000. 

.19 Fee Schedule: Title V Permit or a State Permit to Operate. 

A. Annual Fees. 

(1) The owner or operator of a source that is required to obtain, and have in current effect, a permit issued under Title V of 

the federal Clean Air Act Amendments of 1990, 42 U.S.C. §§7661—7661f, including a Part 70 permit, shall pay an annual fee 

consisting of a base fee of $5,000 plus an emission-based fee for each ton of regulated emissions from all installations at the plant 

or facility. 

(2) The owner or operator of a Synthetic minor source that is required to obtain, and have in current effect, a State permit to 

operate, shall pay an annual fee consisting of a base fee of $1,000, plus an emission-based fee for each ton of regulated emissions 

from all installations at the plant or facility.

(3) The owner or operator of all other sources required to obtain, and have in current effect, a State permit to operate, shall 

pay an annual fee consisting of a base fee of $500, plus an emission-based fee for each ton of regulated emissions from all 

installations at the plant or facility. 

B. Method of Calculating Fees. 

(1) The emission-based fee prescribed in §A of this regulation shall be calculated by multiplying the total weight of actual 

annual emissions in tons of regulated emissions times an amount in dollars per ton as prescribed below: 

(a) From January 1, 1997 through September 30, 2008: $25 per ton as increased pursuant to §B(6) of this regulation; 

(b) From October 1, 2008 through December 31, 2008: $50 per ton; and 

(c) Beginning January 1, 2009: $50 per ton as increased pursuant to §B(6) of this regulation. 

(2) For the purposes of this regulation, "regulated emissions" means the actual rate of emissions, in tons per year, of a 

regulated air pollutant except for carbon monoxide and carbon dioxide emitted by a source, to be calculated using criteria 

consistent with 40 CFR 70 (operating permit program). 

(3) Effective October 1, 2008 through December 31, 2009, the maximum annual permit to operate fee for each plant or 

facility is $500,000. 

(4) Except as provided in §B(5) of this regulation, the total weight of annual emissions used to calculate the annual permit 

fee is based on the total actual emission tonnages as certified by the source and verified by the Department. Annual emissions 

shall be rounded off to the nearest ton. 

(5) Basis for Annual Emissions. The annual emissions to be used to calculate the fee in §§A and B of this regulation shall 

be as prescribed below: 

(a) For sources that certify emissions of less than 10,000 tons for calendar year 2008, the annual emissions shall be based 

on the emissions certification required under §D of this regulation which was submitted the previous calendar year; and 

(b) For sources that certify emissions of 10,000 tons or greater for calendar year 2008, the annual emissions shall be 

based on the actual emissions of the same calendar year as the annual fee. 

(6) Consumer Price Index. 

(a) The annual dollar per ton amount prescribed in §B(1) of this regulation shall be increased on January 1 of each year 

by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index 

of the previous calendar year. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 03, 2015 

(b) The Consumer Price Index for any calendar year is the 12-month average of the Consumer Price Index for all urban 

consumers published by the U.S. Department of Labor, as of the close of the 12-month period ending on August 31 of each 

calendar year. 

C. Information Required to be Maintained by a Source. 

(1) Beginning January 1, 1994, the owner or operator of a source for which a permit to operate is required shall maintain 

records necessary to support the emission certification, including the following information: 

(a) The total amount of actual emissions of each regulated pollutant and the total of all regulated pollutants; 

(b) An explanation of the methods used to quantify the emissions and the operating schedules and production data that 

were used to determine emissions, including significant assumptions made; 

(c) Amounts, types, and analyses of all fuels used; 

(d) Emission data from continuous emission monitors that are required by this subtitle or EPA regulations, including 

monitor calibration and malfunction information; 

(e) Identification, description, and use records of all air pollution control equipment and compliance monitoring 

equipment, including significant maintenance performed, malfunctions and downtime, and episodes of reduced efficiency of this 

equipment; 

(f) Limitations on source operation or any work practice standards that significantly affect emissions; and 

(g) Other relevant information as required by the Department. 

(2) The logs and other records of information required by §C(1) of this regulation shall be retained for a period of 5 years 

and made available to the Department upon request. 

(3) If the owner or operator of a source for which a permit to operate is required fails to maintain or provide the data 

required by this section, which the Department requests in order to verify the emissions during the previous calendar year, the 

annual emission-based fee for that source shall be based on the estimated allowable emissions, as defined in COMAR 

26.11.01.01B(4), of that source, as determined by the Department. 

D. Emission Certification. 

(1) Beginning January 1, 1994, the responsible official designated by the owner or operator of a source for which a permit 

to operate is required shall certify, as provided at Regulation .02F of this chapter, the actual emissions of regulated air pollutants 

from all installations at the plant or facility. 

(2) Certification shall be on a form obtained from the Department and shall be submitted to the Department not later than 

April 1 of the year following the year for which certification is required. 

(3) An emission certification submitted pursuant to this section and which contains all information required by COMAR 

26.11.01.05-1, for NOx and VOC, satisfies the requirements of COMAR 26.11.01.05-1.

E. The owner or operator of a source for which a permit to operate is required is responsible for the timely and complete 

payment of all permit fees required by this chapter. 
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Effective as of December 03, 2015 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulations .01C and E repealed effective February 10, 1984 (10:26 Md. R. 2341) 

Regulation .03A amended effective November 7, 1980 (7:20 Md. R. 1878); July 10, 1981 (8:11 Md. R. 974); August 16, 1983 (10:14 Md. R. 1226); February 

10, 1984 (10:26 Md. R. 2341); March 25, 1984 (11:3 Md. R. 202) 

Regulation .03B amended effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .03G amended effective July 10, 1981 (8:11 Md. R. 974) 

Regulation .03H amended effective November 7, 1980 (7:20 Md. R. 1878); July 10, 1981 (8:11 Md. R. 974); March 24, 1987 (14:4 Md. R. 419); January 5, 

1988 (14:24 Md. R. 2555) 

Regulation .03I amended effective July 10, 1981 (8:11 Md. R. 974); February 25, 1983 (10:1 Md. R. 30); July 2, 1985 (12:11 Md. R. 1049) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.02 to COMAR 26.11.02 

Regulation .01 amended effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .01D amended effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .03A—N recodified to Regulations .03—.16, respectively 

Regulation .03A amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .03A, B amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .04A amended effective March 1, 1993 (20:4 Md. R. 373); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .04B repealed, new Regulation .04B, C, D adopted effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .04B amended effective March 1, 1993 (20:4 Md. R. 373); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .06C amended effective November 28, 1989 (16:21 Md. R. 2264); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .06E adopted effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .09A amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .10C amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724); June 20, 1994 (21:12 

Md. R. 1064) 

Regulation .11A amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulations .17—.21 adopted effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .17A, B amended effective September 13, 1993 (20:18 Md. R. 1432) 

Regulation .17B-1 adopted effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .18 amended effective October 12, 1992 (19:20 Md. R. 1819) 

Regulation .18B amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .19 amended effective October 12, 1992 (19:20 Md. R. 1819) 

Regulation .20B—E amended effective March 1, 1993 (20:4 Md. R. 373) 

Regulation .20 repealed and new Regulation .20 adopted effective September 13, 1993 (20:18 Md. R. 1432) 

Regulation .21 repealed effective September 13, 1993 (20:18 Md. R. 1432) 

—————— 

Regulations .01—.20 repealed and new Regulations .01—.19 adopted effective May 8, 1995 (22:9 Md. R. 648) 

Editor's note: The Part 70 permit requirements of this chapter and of COMAR 26.11.03 were effective on August 2, 1996, the date the EPA approved 

Maryland's program (24:5 Md. R. 413). 

Regulation .01B amended effective June 16, 1997 (24:12 Md. R. 866); January 29, 2007 (34:2 Md. R. 138) 

Regulation .01B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .01B amended effective August 22, 2011 (38:17 Md. R. 1014); March 5, 2012 (39:4 Md. R. 339)

Regulation .01C amended effective December 10, 2001 (28:24 Md. R. 2130) 

Regulation .01C amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2130) 

Regulation .06B amended effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .07 amended effective December 10, 2015 (42:24 Md. R. 1506) 

Regulation .09A amended effective November 16, 2009 (36:23 Md. R. 1818); December 24, 2012 (39:25 Md. R. 1615) 

Regulation .09C amended effective May 4, 1998 (25:9 Md. R. 680) 

Regulation .10A amended effective November 16, 2009 (36:23 Md. R. 1818) 

Regulation .10 amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 488) 

Regulation .10D repealed effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .10E amended effective September 22, 1997 (24:19 Md. R. 1343); November 24, 2003 (30:23 Md. R. 1653); May 18, 2009 (36:10 Md. R. 718); 

June 13, 2011 (38:12 Md. R. 708) 

Regulation .10X amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .11 amended effective December 10, 2015 (42:24 Md. R. 1506) 

Regulation .11A amended effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .12 amended effective December 10, 2015 (42:24 Md. R. 1506) 

Regulation .12A amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 487) 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 03, 2015 

Regulation .12A amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .13 amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .13A amended effective April 30, 2012 (39:8 Md. R. 536) 

Regulation .14A amended effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .16A amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130) 

Regulation .17 amended effective August 19, 2013 (40:16 Md. R. 1345) 

Regulation .19 amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130) 

Regulation .19A amended effective August 19, 2013 (40:16 Md. R. 1345) 

Regulation .19B amended effective October 1, 2008 (35:19 Md. R. 1717) 

Regulation .19B amended as an emergency provision effective November 3, 2008 (35:24 Md. R. 2073); amended permanently effective February 23, 2009 

(36:4 Md. R. 356) 
26.11.03 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 03 Permits, Approvals, and Registration — Title V Permits 

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 Applicability and General Requirements. 

A. The owner or operator of the following sources shall apply for and obtain a Part 70 permit unless exempted under §B of 

this regulation: 

(1) A major source; 

(2) A source, including an area source, subject to a standard, limitation, or other requirement under §111 of the Clean Air 

Act; 

(3) A source, including an area source, subject to a standard or other requirement under §112 of the Clean Air Act, except 

that a source is not required to obtain a Part 70 permit solely because it is subject to regulations or requirements under §112(r) of 

the Clean Air Act; 

(4) An affected source; and 

(5) A source in a source category designated by the EPA pursuant to 40 CFR §70.3. 

B. Exempted Sources. The following sources are exempt from the requirement for a Part 70 permit: 

(1) A source or source category for which a Part 70 permit would be required solely because it is subject to standards of 

performance for new residential wood heaters under 40 CFR Part 60, Subpart AAA; 

(2) A source or source category for which a Part 70 permit would be required solely because it is subject to 40 CFR Part 61, 

Subpart M, concerning National Emission Standards for Hazardous Air Pollutants for Asbestos under 40 CFR §61.145; and 

(3) A source listed in §A of this regulation that is not a major source, affected source, or solid waste incineration unit for 

which a permit is required by §129(e) of the Clean Air Act, until the EPA determines in a final rule that the applicable source is 

required to obtain a Part 70 permit. 

C. Requirement for a Part 70 Permit. Except as provided in §D of this regulation, and Regulations .15, .16, .18, and .19 of this 

chapter, an owner or operator of a Part 70 source may not operate the source after the time that it is required to submit a timely 

and complete application unless the source is in compliance with a Part 70 permit issued under this chapter. 

D. Application Shield. 

(1) If the owner or operator of a Part 70 source submits a timely and complete application for a permit, including an 

application for renewal, as provided in Regulations .02 and .03 of this chapter, the failure to obtain a Part 70 permit is not a 

violation of this chapter and the source may continue to be operated in compliance with a permit issued under this chapter until 

the Department takes final action. This application shield ends if the applicant fails to submit by the deadline specified in writing 

by the Department any additional information pertaining to applicable requirements of the Clean Air Act needed to process the 

application, as provided by Regulation .02C(3) of this chapter. 

(2) Information required under §L of this regulation does not affect the status of the application shield. 

E. The owner or operator of a source for which a Part 70 permit is not required under §A of this regulation may elect to apply 

to the Department for a Part 70 permit. 

F. The owner or operator of a source that is not covered by a Part 70 permit shall obtain a State permit to operate from the 

Department, if this permit is required by COMAR 26.11.02.13. 

G. The owner or operator of a source for which a Part 70 permit has been issued by the Department is not required to apply for 

or obtain a State permit to operate from the Department for those emission units covered by the Part 70 permit. 

H. If the owner or operator of a source agrees to a federally enforceable permit to construct, State permit to operate, or other 

federally enforceable requirement that limits emissions from the source, a Part 70 permit is not required for the source. This may 

be accomplished, as provided in COMAR 26.11.02.03, by any means acceptable to the EPA. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

I. Any other applicable requirement of the Clean Air Act or State air pollution control law may apply to a source for which a 

Part 70 permit is not required. 

J. The Part 70 permit requirements of this chapter and of COMAR 26.11.02 are effective on the date the EPA approves 

Maryland's Part 70 permit program, including interim or full program approval, to the extent of that approval. The Department 

will publish notice in the Maryland Register that the EPA has approved the program and the date of approval. 

K. Notwithstanding any other provision of this chapter that requires applying for or obtaining a permit to construct at a 

different time than applying for or obtaining an initial, renewed, or revised Part 70 permit, the owner or operator of a source for 

which a Part 70 permit is required may elect, with the approval of the Department, to apply for both permits simultaneously. In

this event, the Department shall establish procedures to be followed consistent with the requirements of this chapter and COMAR

26.11.02 so that the public, affected states, and EPA are afforded any notice, comment, and participation rights provided by this 

chapter and COMAR 26.11.02. 

L. The owner or operator of a source for which a Part 70 permit is required shall submit additional information based upon 

applicable requirements of the State air pollution control law in addition to the Part 70 permit application. This information shall 

be submitted on forms provided by the Department. This requirement is State-only enforceable. 

M. Acid Rain Provisions. 

(1) The Department incorporates by reference the provisions of 40 CFR 72, as amended, with the exception that the 

"permitting authority" means the Department. 

(2) A person who constructs, modifies, or operates, or causes to be constructed, modified, or operated, an acid rain source, 

as defined in COMAR 26.11.02.01B(1) shall comply with 40 CFR 72, as amended. 

N. The owner or operator of a source for which a Part 70 permit is required is subject to the compliance assurance monitoring 

(CAM) requirements under 40 CFR Part 64 (2000 edition) which is incorporated by reference. 

.02 Applications for Part 70 Permits. 

A. A person who owns or operates a source for which a Part 70 permit is required by Regulation .01 of this chapter shall 

submit a timely and complete application for an initial permit or renewal of an existing permit on forms provided by the 

Department and in accordance with this regulation. 

B. Timely Application. 

(1) An application for a Part 70 permit is timely if the application meets the requirements of this section. 

(2) Initial Part 70 Permits. 

(a) For existing sources for which a Part 70 permit is required on the effective date of these regulations, the applicant 

shall submit a complete permit application to the Department not later than as provided in the following schedule: 

(i) For sources in SIC codes major groups 40 through 89, 4 months after the effective date of the Part 70 permit 

requirements, unless otherwise approved by the Department; 

(ii) For sources in SIC codes major groups 01 through 17, 8 months after the effective date of the Part 70 permit 

requirements, unless otherwise approved by the Department; 

(iii) For all remaining sources for which a Part 70 permit is required, 12 months after the effective date of the Part 70 

permit requirements. 

(b) If more than one SIC code describes the activities at a source, the SIC code that represents the primary type of 

activity is controlling. 

(3) Part 70 Permit Renewal. 

(a) Except as provided in §B(3)(b) of this regulation, the permittee shall submit a complete application for renewal of a 

Part 70 permit to the Department not later than 6 months before the expiration date of the current Part 70 permit. 

(b) The Department may require in a Part 70 permit that a complete application for renewal be submitted earlier than 6 

months, but not earlier than 12 months, before the expiration date. 

(4) The owner or operator of a source that becomes subject to the requirement to obtain a Part 70 permit, as provided in 

Regulation .01 of this chapter, after the effective date of the Part 70 permit program, shall submit a complete application to the 
AIR QUALITY 

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Effective as of November 12, 2010 

Department not later than 12 months after the date that the source commences operations or becomes subject to the requirements 

for a Part 70 permit, whichever is later. If an existing Part 70 permit prohibits construction or change in operation, the source shall 

obtain a permit revision before commencing operation. 

(5) For a change to a source that is covered by a Part 70 permit, the permittee shall submit an application for a permit 

revision, as provided in Regulations .14—.17 of this chapter, unless this chapter allows the change to be made without revising

the permit. 

(6) Acid Rain Sources. The owner or operator of a source subject to the requirements for Phase II acid rain permits, under 

Title IV of the Clean Air Act, shall submit an acid rain permit application to the Department by January 1, 1996 for sulfur 

dioxide, and by January 1, 1998 for nitrogen oxides. 

C. Complete Application. 

(1) An application for a Part 70 permit is complete if the application includes all information required by this regulation and 

Regulation .03 of this chapter pertaining to applicable requirements of the Clean Air Act, except that applications for revisions to 

Part 70 permits need only include information that is related to a proposed change at the source covered by the permit. The 

application shall be sufficient for the Department to begin to evaluate the source for which the permit is sought, including all 

emissions units within the source, and to determine all applicable requirements of the Clean Air Act. 

(2) Except as otherwise provided in §B(3) of this regulation, an application for a Part 70 permit is considered complete 

unless the Department determines that the application is not complete within 60 days of its receipt. If the Department determines 

that the application is not complete, it shall notify the applicant in writing of the basis for this determination. 

(3) If, while reviewing an application that has been determined to be complete, the Department determines that additional 

information pertaining to applicable requirements of the Clean Air Act is necessary to evaluate or take final action on that 

application, the Department may request that information in writing and set a reasonable deadline for a response. If the applicant 

does not respond to a request for additional information within the time period specified by the Department, as provided in 

Regulation .01D of this chapter, the application shield for the source ends. If the time for submitting a timely application has 

expired, the Department will not determine that an application is incomplete without providing notice to the applicant and at least 

10 days to provide additional information. 

D. An applicant for a Part 70 permit who submits information to the Department under a claim of confidentiality shall also 

submit a copy of the information directly to the EPA. 

E. Duty to Supplement or Correct Application. 

(1) An applicant who fails to submit any relevant information or who has submitted incorrect information in a permit 

application shall, not later than 10 days after becoming aware that this has occurred, submit the additional or corrected 

information to the Department. 

(2) An applicant for a Part 70 permit shall provide supplemental information to the Department to address any new 

requirement that is adopted after the application is filed but before the release of a draft permit. This information shall be provided 

not later than 20 days after a new requirement is adopted. 

F. Certification by a Responsible Official. Using the format at COMAR 26.11.02.02F, a responsible official shall certify to the 

truth, accuracy, and completeness of: 

(1) Each application, report, and compliance certification required by this chapter; or 

(2) A Part 70 permit to be submitted to the Department. 

G. The applicant for a Part 70 permit shall submit a list of emissions units and activities located at a source for which the 

permit is sought that are exempt under Regulation .04 of this chapter because of size, production rate, or emission rate. This list 

shall be submitted to the Department on a form provided by the Department at the same time that the Part 70 permit application is 

submitted. 

.03 Information Required as Part of Application for a Part 70 Permit. 

A. The applicant for a Part 70 permit shall provide all information relating to applicable requirements of the Clean Air Act, 

including information claimed to be confidential, that is necessary for the Department to decide whether to issue or deny a Part 70 

permit. The information shall be submitted on permit application forms provided by the Department. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

B. Except as otherwise provided in this chapter, the information shall be full and complete for each emission unit at the Part 70 

source and include: 

(1) Information that fully identifies the source, including: 

(a) Company and source name and address, 

(b) All owner and operator names and addresses, 

(c) Plant telephone number and emergency 24-hour telephone number of the facility at which the source is located, and 

(d) Names of all of the facility managers and other contacts; 

(2) A description of the processes and products related to the source, including SIC codes, and any alternate operating 

scenarios; 

(3) All emissions of pollutants for which the source is major and type and quantity of all emissions of regulated air 

pollutants, calculated as required by the Department, including: 

(a) Sufficient information to verify which requirements are applicable to each emission unit and to collect any permit fees 

owed, and 

(b) Fugitive emissions in the same manner as stack and other confined emissions; 

(4) A description and location of all emissions units within the source, including a plot plan of the entire source; 

(5) Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable 

standard reference test method; 

(6) A description of all fuels, including the quantities used of each type of fuel, raw materials, production rates, and 

operating schedules; 

(7) A description and location of all air pollution control equipment, continuous emission monitoring (CEM) devices, 

compliance monitoring devices or activities, and all other equipment or devices at the source used to monitor, capture, control, 

contain, or prevent emissions; 

(8) A description of all maintenance schedules, preventative measures, work practices, and any other actions, that are 

applicable requirements of the Clean Air Act, taken to assure proper operation and prevent malfunctions of process and control 

equipment; 

(9) All limitations on source operation affecting emissions and any work practice standards, that are applicable requirements 

of the Clean Air Act, for all regulated pollutants; 

(10) All other emissions information required to demonstrate compliance with all applicable requirements of the Clean Air 

Act, including: 

(a) Stack or vent discharge parameters, including stack height, stack diameter, and plume temperature, 

(b) Fugitive emission discharge parameters, 

(c) Flow rates, and 

(d) Building dimensions; 

(11) Calculations on which the information required in §B(1)—(10) of this regulation is based; 

(12) A citation to and description of all applicable requirements of the Clean Air Act; 

(13) A listing for each emissions unit within the source required to be covered by a Part 70 permit, or for which a source is 

opting to seek coverage under Regulation .01E of this chapter, and of any applicable test methods for determining compliance 

with each applicable requirement of the Clean Air Act; 

(14) Any other information that may be necessary to implement and enforce any standard or other applicable requirement of 

the Clean Air Act or to determine the applicability of these requirements; 

(15) An explanation of proposed exemptions from otherwise applicable requirements of the Clean Air Act; 
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Effective as of November 12, 2010 

(16) All information that the Department determines is necessary regarding alternative operating scenarios that the applicant 

requests to include in the Part 70 permit pursuant to Regulation .06A(9) of this chapter or to define permit terms and conditions 

implementing the provisions of Regulations .06A(8) and (10), .06B(3), .06F, and .18 of this chapter; 

(17) A compliance plan description and schedule for the Part 70 sources that contain the following: 

(a) A description of the compliance status of the source with respect to all applicable requirements of the Clean Air Act, 

(b) For applicable requirements of the Clean Air Act for which the source will be in compliance when the permit is 

issued, a statement that the source will continue to comply with these requirements, 

(c) For applicable requirements of the Clean Air Act that will become effective during the permit term, a statement that 

the source will meet the requirements on the effective dates, unless a more detailed schedule is expressly required by the 

applicable requirement, 

(d) For applicable requirements of the Clean Air Act for which the source will not be in compliance at the time of permit 

issuance, a description of how the applicant will achieve compliance with the requirements and a schedule of compliance as 

described in §C of this regulation, 

(e) A schedule for submission of certified progress reports, at least quarterly, to the Department for sources required to 

have a schedule of compliance to remedy a violation; 

(18) A certification of compliance with all applicable requirements of the Clean Air Act by a responsible official, as 

provided in Regulation .02F of this chapter and §114(a)(3) of the Clean Air Act; 

(19) A schedule for submission of compliance certifications during the permit term, to be submitted annually or more 

frequently if specified by an applicable requirement of the Clean Air Act or a permit condition determined by the Department; 

(20) The applicant's compliance status with any applicable enhanced monitoring and compliance certification requirements 

of the Clean Air Act; 

(21) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required 

by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70; 

(22) A proposed monitoring, testing, record keeping, and reporting protocol for each emission unit; 

(23) A statement certifying that a risk management plan has or will be submitted, if a plan is required under §112(r) of the 

Clean Air Act; 

(24) Additional information that the Department determines is required to determine whether a Part 70 permit should 

provide for emissions trading among the emissions units within a source, as provided in Regulation .06A(8) and (10) of this 

chapter. 

C. Under §B(17)(d) of this regulation, the schedule of compliance shall include a schedule of remedial measures, including an 

enforceable sequence of actions with milestones, leading to compliance with each applicable requirement for which the source 

will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as 

that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of compliance 

shall be supplemental to, and may not sanction noncompliance with, the applicable requirements on which it is based. The 

schedule of compliance shall begin at the time that the application is submitted, but the applicant may project the compliance 

status of the source to the time that the permit should be issued. 

D. The compliance plan required by §B(17) of this regulation applies to and shall include the acid rain portion of a compliance 

plan for an affected source, except as otherwise provided by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70 

regarding how the source will comply with acid rain emission limitations. 

E. Additional Information. 

(1) Notwithstanding the other provisions of this chapter, the applicant for a Part 70 permit shall include in the application all 

information needed: 

(a) To determine if the source is subject to all applicable requirements of the Clean Air Act; 

(b) To ensure that all applicable requirements of the Clean Air Act are included in the permit; and 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(c) To determine the annual permit fee required by COMAR 26.11.02.16—.19. 

(2) The applicant may include in the application only an aggregate estimate of emissions from all collective emission units 

and activities exempt as provided in Regulation .04 of this chapter together with the assumptions used to estimate those 

emissions. 

.04 Emissions Units and Activities Exempt from the Part 70 Permit Application. 

A. The following emission units and activities need not be included in the permit application, except to the extent required by 

COMAR 26.11.03.02G: 

(1) Space heaters operating by direct heat transfer and used solely for comfort heat; 

(2) Brazing, soldering, welding equipment and cutting torches related to manufacturing and construction activities that emit 

HAP metals and not directly related to plant maintenance upkeep and repair or maintenance shop activities; 

(3) Lubricating oil storage tanks; 

(4) Unheated storage tanks containing VOC with an initial boiling point of 300°F (149°C) or greater; 

(5) Storage tanks containing Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel; 

(6) First aid and emergency medical care provided at the facility, including related activities such as sterilization and 

medicine preparation used in support of a manufacturing or production process; 

(7) Certain recreational equipment and activities, such as fireplaces, barbecue pits and cookers, fireworks displays, and 

kerosene fuel use; 

(8) Potable water treatment equipment, not including air stripping equipment; 

(9) Noncontact water (i.e., water that has not been in direct contact with process fluids) cooling towers except as regulated 

under §112 of the Clean Air Act; 

(10) Firing and testing of military weapons and explosives; 

(11) Emission resulting from the use of explosives for blasting at quarrying operations and from the required disposal of 

boxes used to ship the explosive; 

(12) All sources listed in COMAR 26.11.02.10 except §§A, B, F, J, N, O(1), O(5), O(11), T, and V; 

(13) Laboratory fume hoods and vents; and 

(14) After identification of the emissions unit and agreement by the Department, any other emissions unit that is not subject 

to an applicable requirement of the Clean Air Act. 

B. Potential emissions from all exempt emission units and activities shall be included in the determination of whether a source 

is a major source. 

C. A permit applicant may not omit information on an emissions unit that is necessary to determine the applicability of, or to 

impose, an applicable requirement of the Clean Air Act. 

D. The listing of emissions units and activities in §A of this regulation does not exempt an emissions unit or activity from any 

requirement of this subtitle except as specified in this regulation. 

E. Emissions units or activities that use Class I or Class II ozone-depleting substances subject to an applicable requirement 

established under Title VI of the Clean Air Act are not exempt from the Part 70 permit application. 

.05 Content of Part 70 Permits — General Requirements. 

A. For all major sources, the Department shall include in the Part 70 permit for a source all applicable requirements of the 

Clean Air Act for all relevant emission units at the major source. 

B. For a nonmajor source for which a Part 70 permit is required as provided in Regulation .01 of this chapter, the Department 

shall include in the permit all applicable requirements of the Clean Air Act for all emission units that cause the source to be

subject to this regulation. 
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C. Fugitive Emissions. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 

permit in the same manner as stack or other confined emissions, regardless of whether the source is within a category included in 

the list of sources contained in the definition of major source. 

D. Duration of Part 70 Permits. 

(1) The duration of a Part 70 permit for an electric generating station that is an affected source shall be for a fixed term of 5 

years. 

(2) For a municipal waste combustor, as defined in COMAR 26.11.08.01B(7), subject to standards under §129(e) of the 

Clean Air Act, the Department shall issue a Part 70 permit for a term not to exceed 12 years with a review of the permit every 5 

years. 

(3) The duration of all other Part 70 permits shall be for a term not to exceed 5 years. 

E. State-Only Enforceable Conditions. The Department may include conditions in a Part 70 permit to be designated in the 

permit as being "State-only enforceable" if they are based upon applicable requirements of the State air pollution control law that 

are not federally enforceable. As provided at Regulation .13A(2) of this chapter, the criteria for issuing or denying the State-only 

enforceable condition of a Part 70 permit are specified at COMAR 26.11.02.06C. As provided at Regulation .11G of this chapter, 

only the applicant may challenge the State-only enforceable conditions of a Part 70 permit. These State-only enforceable 

conditions are not otherwise subject to the requirements of Regulations .07—.12 of this chapter. 

.06 Content of Part 70 Permits — Specific Requirements. 

A. At a minimum, the Department shall include in each Part 70 permit the following terms and conditions that are based upon 

applicable requirements of the Clean Air Act: 

(1) Emission limitations and standards, including those operational limitations and other requirements that assure 

compliance with all applicable requirements of the Clean Air Act at the time of permit issuance, as described in §B of this 

regulation; 

(2) The duration of the permit; 

(3) Provisions related to monitoring, record keeping, and reporting as described in §C of this regulation; 

(4) A provision prohibiting emissions that exceed any allowances that the source lawfully holds under Title IV of the Clean 

Air Act or the regulations promulgated under it, as described in §D of this regulation; 

(5) A severability clause to ensure the continued validity of the remainder of the requirements of a permit if any portion of 

the permit is challenged; 

(6) Miscellaneous provisions described in §E of this regulation; 

(7) A provision to ensure that the annual permit fee is paid to the Department, as prescribed in COMAR 26.11.02.16; 

(8) A provision stating that a permit revision is not required for a change that is provided for in the permit relating to 

approved economic incentives, marketable permits, emissions trading, and other similar programs; 

(9) Reasonably anticipated operating scenarios identified in the application and approved by the Department, which: 

(a) Require the permittee, contemporaneously with making a change from one approved scenario to another, to record in 

a log maintained at the permitted source each scenario under which the source is operating and the date and time that the scenario 

started and ended, 

(b) May extend the permit shield in Regulation .23 of this chapter to the terms under each approved scenario, and 

(c) Ensure that the terms and conditions of each approved scenario meet all applicable requirements of the Clean Air Act; 

(10) As provided in 40 CFR §70.4(b)(12) and as described in §F of this regulation, provisions, if requested by the applicant, 

for the trading of emissions increases and decreases among the emissions units at the permitted source, to the extent that the 

applicable requirements of the Clean Air Act provide for this trading without a case-by-case approval of each trade, and if the

application includes proposed replicable procedures and permit terms and conditions to ensure that the trades are quantifiable and 

enforceable; 
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(11) A provision that all terms and conditions in a Part 70 permit, including provisions designed to limit a source's potential 

to emit, are enforceable by the EPA and citizens under the Clean Air Act, except for any terms and conditions that are identified 

as State-only enforceable; 

(12) Compliance requirements as described in §G of this regulation; 

(13) Provisions establishing the permit shield, if a permit shield is allowed pursuant to Regulation .23 of this chapter; 

(14) Other provisions that the Department may reasonably require. 

B. Emission Limitations and Standards. 

(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference 

in form as compared to the applicable requirement of the Clean Air Act upon which the term or condition is based. 

(2) The permit shall state that, if another applicable requirement of the Clean Air Act is more stringent than an applicable 

requirement of regulations promulgated under Title IV of the Clean Air Act, both provisions shall be incorporated into the permit 

and shall be enforceable by the EPA. 

(3) If the Maryland SIP allows a determination of an alternative emission limit at a Part 70 source, equivalent to that 

contained in the SIP, to be made in the permit issuance, renewal, or significant modification process, and the Department elects to 

use this process, the permit shall contain provisions to ensure that a resulting emissions limit has been demonstrated to be 

quantifiable, accountable, enforceable, and based on replicable procedures. 

C. Monitoring, Record Keeping, and Reporting. 

(1) The permit shall contain general provisions requiring that the permittee monitor, create, and maintain records, and 

submit reports to the Department, and if appropriate to EPA, to assure compliance with the permit. This provision shall include

requirements that the permittee use consistent terms, test methods, units, averaging periods, and other statistical conventions

consistent with the applicable emission standards and other requirements contained in the permit. 

(2) The permit shall contain provisions with respect to monitoring that incorporate into the permit all applicable emissions 

monitoring and analysis procedures or test methods required by the applicable requirements, including any procedures and 

methods promulgated pursuant to §504(b) or 114(a)(3) of the Clean Air Act. 

(3) If the applicable requirements of the Clean Air Act do not require periodic testing or instrumental or noninstrumental 

monitoring, which may consist of record keeping designed to serve as monitoring, the permit shall require periodic monitoring of 

emissions or operating parameters relevant to each applicable requirement contained in the permit of sufficient type and 

frequency to yield data that is timely, reliable, and representative of the compliance status of the source with the permit. The 

Department may determine the record-keeping requirements, as described in §C(5) of this regulation, may be sufficient to satisfy 

this requirement. 

(4) As necessary, the permit shall specify procedures for the installation, use, and maintenance of monitoring equipment or 

methods. 

(5) The permit shall contain provisions with respect to creating, maintaining, and retaining records, including the following 

requirements: 

(a) The location, as specified in the permit, date, and time that samples and measurements are taken; 

(b) All pertinent operating conditions existing at the time that samples and measurements are taken; 

(c) The date that each analysis of a sample is performed and the name of the person taking the sample; 

(d) The identity of the company, individual, or other entity that performed the analysis; 

(e) The analytical techniques and methods used; 

(f) The results of each analysis; 

(g) The retention of records of all monitoring data and support information for a period of 5 years or longer, as specified 

by the Department, from the date of the monitoring sample, measurement, application, or report. 

(6) Support information under §C(5)(g) of this regulation includes: 

(a) All calibration and maintenance records; 
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(b) All original data collected from continuous monitoring instrumentation; and 

(c) Copies of all reports required by the permit. 

(7) Reporting Requirements. 

(a) The permit shall contain provisions with respect to all applicable reporting requirements, including requiring the 

permittee to: 

(i) Submit reports of required monitoring at least every six months; 

(ii) Report any deviation from permit requirements that could endanger human health or the environment, by orally 

notifying the Department immediately upon discovery of the deviation; and 

(iii) Promptly report all other deviations from permit requirements, including those attributable to upset conditions as 

defined in the permit, within 5 days of discovery of the deviation or a shorter time that the Department may specify in the permit, 

by submitting a written description of the deviation to the Department, including the cause and dates and times of the onset and 

termination of the deviation. 

(b) All instances of deviations from permit requirements shall be clearly identified in the reports required by §C(7)(a)(i) 

of this regulation. All required reports shall be certified by a responsible official, as provided in COMAR 26.11.02.02F and 

Regulation .02F of this chapter. 

(c) If a deviation under §C(7)(a)(iii) of this regulation is continuing, the permittee shall submit the action taken or 

planned to reduce, eliminate, and prevent reoccurrence of the deviation. 

D. Lawful Allowance. 

(1) A permit revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the 

acid rain program, if the increases do not require a permit revision under another applicable requirement of the Clean Air Act.

(2) A limit may not be included in the permit on the number of allowances that may be held by the permittee. The permittee 

may not, however, use allowances as a defense to noncompliance with another applicable requirement of the Clean Air Act. 

(3) Allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of 

the Clean Air Act. 

E. Miscellaneous Provisions. 

(1) Duty to Comply. The permit shall contain a provision requiring the permittee to comply with all terms and conditions of 

the Part 70 permit and providing that noncompliance with the federally enforceable conditions constitutes a violation of the Clean 

Air Act and is subject to: 

(a) Enforcement action; 

(b) Permit revocation or revision; 

(c) Denial of an application for renewal of the permit; or 

(d) Any combination of these actions. 

(2) Need to Halt or Reduce Activity Not a Defense. The permit shall contain a provision that it is not a defense in an 

enforcement action for the permittee to establish that it would have been necessary to halt or reduce activity related to the 

permitted source in order to comply with the conditions of the permit. 

(3) Permit Actions. The permit shall contain a provision that the permit may be revoked or reopened and revised for cause. 

The filing of an application by the permittee for a permit revision or renewal, or termination, or of a notification of planned

changes to a permitted source or anticipated noncompliance does not stay a term or condition of a Part 70 permit. 

(4) Property Rights. The permit shall contain a provision that the permit does not convey any property rights or any 

exclusive privilege. 

(5) Duty to Provide Information. The permit shall contain a provision that the permittee shall furnish to the Department, 

within a reasonable time specified by the Department, information that the Department may request in writing to determine 

whether the permittee is in compliance with the federally enforceable provisions of the permit or whether cause exists for revising 

or revoking the permit. Upon request, the permittee shall also furnish to the Department records required to be kept under the 
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permit. For information claimed by the permittee to be confidential and therefore potentially not disclosable to the public, the 

Department may require the permittee to provide a copy of the records directly to the EPA along with the claim of confidentiality. 

F. Emissions Trading. Provisions for emissions trading: 

(1) Shall include all terms and conditions required by this regulation to determine compliance; 

(2) May extend the permit shield in Regulation .23 of this chapter to all terms and conditions related to emissions trading; 

(3) Shall meet all applicable federally enforceable regulatory and permit requirements and the requirements of this chapter; 

(4) Shall be solely for the purpose of complying with a federally enforceable emissions limit that is established in the permit 

independent of otherwise applicable requirements of the Clean Air Act; and 

(5) Do not allow trading that involves an emissions unit for which the Department determines that replicable procedures 

have not been identified by the applicant to ensure that the proposed trades are quantifiable and enforceable. 

G. Compliance Requirements. 

(1) All Part 70 permits shall contain provisions with respect to compliance as described in this section. 

(2) The permit shall contain compliance certification, testing, monitoring, reporting, and record-keeping requirements 

sufficient to assure compliance with the permit. A report or other document that a Part 70 permit requires to be submitted to the 

Department shall contain a certification by a responsible official that meets the requirements of COMAR 26.11.02.02F and 

Regulation .02F of this chapter. 

(3) The permit shall contain entry and inspection provisions that require the permittee to allow employees and authorized 

representatives of the Department and the EPA, upon presentation of credentials and other documents as may be required by law, 

to: 

(a) Enter at any reasonable time without delay and without prior notice the permittee's property where a Part 70 source is 

located, emission-related activity is conducted, or records required by the permit are kept; 

(b) Have access to and copy records required by the permit; 

(c) Inspect the source, all emissions units within the source, and all related monitoring, air pollution control equipment, 

practices, or operations regulated or required under the permit; and 

(d) Sample or monitor any substances or parameters at or related to the source for the purpose of determining compliance 

with the permit. 

(4) The permit shall contain a schedule of compliance consistent with Regulation .03B(17) of this chapter. 

(5) The permit shall require progress reports consistent with an applicable schedule of compliance and Regulation .03B(17) 

of this chapter to be submitted quarterly, or more frequently, as specified in the applicable requirement of the Clean Air Act or by 

the Department. A progress report includes: 

(a) The date when each requirement in the schedule of compliance was or will be met; and 

(b) An explanation of why a date in the schedule of compliance was or will not be met and those actions taken to avoid 

not meeting the date. 

(6) The permit shall contain the following provisions for compliance certification with the terms and conditions of the 

permit, including emission limits, standards, and work practices which are based upon applicable requirements of the Clean Air 

Act: 

(a) The frequency of submission, which will be annually or more frequent as specified in the applicable requirement of 

the Clean Air Act or by the Department; and 

(b) In accordance with §C(3) of this regulation, the methods for monitoring and assessing compliance of the source with 

the permit. 

(7) The permit shall contain a provision that the compliance certification include: 

(a) The identification of each federally enforceable term or condition of the permit that is the basis of the certification; 

(b) The compliance status; 
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(c) Whether compliance was continuous or intermittent; 

(d) The methods used for determining the compliance status of the source, currently and over the reporting period; and 

(e) Other information the Department requires to determine the compliance status of the source. 

(8) The permit shall contain requirements that all compliance certifications be submitted simultaneously to the Department 

and EPA. 

(9) The permit shall contain additional requirements as specified pursuant to §§114(a)(3) and 504(b) of the Clean Air Act. 

.07 Public Participation Procedures. 

A. Applicability. 

(1) The applicant for a Part 70 permit, a significant permit modification to a Part 70 permit, or a Part 70 permit renewal 

shall provide public notification of the permit proceeding in accordance with the provisions of this regulation. 

(2) A permittee whose Part 70 permit is reopened under Regulation .20 of this chapter shall provide public notification of 

the reopening of the permit, in accordance with the requirements of this regulation. This notification shall apply only to those 

portions of the permit for which cause to reopen exists. 

(3) A person who applies to be covered by a general Part 70 permit, as provided by Regulation .21 of this chapter, is not 

subject to the requirements of this regulation if the general Part 70 permit has already completed all the public, affected State, and 

EPA notification, comment, and review procedures required by this regulation. 

(4) Except as expressly provided otherwise, this regulation does not apply to the State-only enforceable conditions of a Part 

70 permit. 

B. Public Notice Requirements. 

(1) For Part 70 permit proceedings subject to this regulation, the Department shall: 

(a) Direct the applicant or permittee to provide the public notice as required by this regulation; 

(b) Provide opportunity for public comment and opportunity for a nonadjudicatory public hearing on the draft Part 70 

permit; 

(c) Make available for public inspection: 

(i) The complete application, except for information qualifying as confidential information, 

(ii) The draft Part 70 permit, and 

(iii) Other relevant supporting information; and 

(d) Provide a copy of the draft Part 70 permit to the applicant. 

(2) For Part 70 permit proceedings subject to this regulation, the applicant or permittee shall provide, at its own expense, a 

public notice, in a format approved by the Department, that includes the information listed in §C of this regulation: 

(a) By publication in a newspaper of general circulation in the area where the source is located; 

(b) As directed by the Department, to any person who has made a timely request to the Department in accordance with 

procedures established by the Department for making the requests; and 

(c) By other means if required by the Department to assure adequate notice to the affected public. 

C. Format for Public Notice. The public notice required by §B of this regulation shall include the following minimum 

information: 

(1) The Part 70 permit or application number as assigned by the Department; 

(2) The location and a description of the source for which the Part 70 permit is sought and the operations conducted at the 

source; 

(3) The name and address of the applicant; 

(4) The name and address of the Department; 
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(5) The change to emissions involved in any significant permit modification; 

(6) Information on the location and availability of copies of the draft permit, the complete application, and relevant 

supporting information; 

(7) The name, address, and telephone number of a person representing the applicant and of a person representing the 

Department from whom interested persons may obtain additional information; 

(8) A brief description of the public participation procedures required by this regulation; and 

(9) The time and place of any nonadjudicatory hearing that has been scheduled or the procedures to request a hearing if a 

hearing has not been scheduled. 

D. The Department shall provide at least 30 days for public comment on a draft Part 70 permit, renewal, or revision subject to 

this regulation. During the 30-day public comment period, a person may submit written comments and may submit a written 

request for a nonadjudicatory public hearing if a hearing has not been scheduled. The Department shall consider all public 

comments that raise issues of law or material fact regarding an application for a Part 70 permit, renewal, or revision, but only if 

the issues are germane to applicable requirements of Title V of the Clean Air Act, and the regulations implementing the Title V

program in Maryland. Comments raising issues that relate to the location or nature of a source or an emissions unit subject to a 

Part 70 permit may not be considered unless the commenter demonstrates to the satisfaction of the Department that the 

Department is required by law to consider the issues in issuing or denying the Part 70 permit. 

E. A request for a public hearing shall include the following information: 

(1) The name, mailing address, and telephone number of the person making the request; 

(2) The names and addresses of persons whom the person making the request is representing; and 

(3) The reason why a hearing is requested, including the air quality concern that forms the basis for the request and how this 

concern relates to the person making the request. 

F. The Department will hold a public nonadjudicatory hearing if the Department determines, on the basis of requests, that 

there is significant public interest in the draft Part 70 permit, renewal, or revision. The Department or the applicant shall give 

notice of a nonadjudicatory public hearing at least 30 days before the hearing. 

G. The Department shall keep a record of the identity of the commenters, to the extent that they identified themselves, and a 

summary of the issues raised during the public comment period so that the EPA may fulfill its obligation under §505(b)(2) of the 

Clean Air Act to determine whether a citizen petition may be granted. This information shall be available to the public. 

Reasonable limits may be set on the time allowed for oral statements made at a public hearing. 

.08 Review by Affected States of Part 70 Permits. 

A. The Department shall provide notice of each draft Part 70 permit, significant permit modification, and draft permit renewal 

to each affected state not later than the date that the public notification required by Regulation .07 of this chapter is provided. 

Notification of a minor permit modification shall be sent within 5 days of receipt of a complete application, as provided in 

Regulation .16E of this chapter. As provided in Regulation .15 of this chapter, administrative permit amendments are not subject 

to this regulation. Notice of a reopened permit shall also be provided to affected states for review not later than the date that the 

public notification is required by Regulation .07 of this chapter. 

B. An affected state shall have 30 days from the date of notification provided in §A of this regulation to provide comments to 

the Department. 

C. The Department shall notify in writing the EPA and any affected state that submitted comments within the 30-day comment 

period of a decision by the Department not to incorporate any recommendation from that affected state into the proposed permit.

This notice shall be sent with the proposed permit to the EPA, or as soon as possible after the submittal of minor permit 

modifications, as provided at Regulation .16 of this chapter, and shall include the Department's reasons for not accepting the 

recommendations. The Department shall refuse to accept a recommendation that is not based on the requirements of 40 CFR Part 

70 or other applicable requirement of the Clean Air Act. 

.09 Review by EPA of Part 70 Permits. 

A. The Department shall provide the EPA with a copy of each application for a Part 70 permit, including an application for a 

permit revision, each proposed permit, and each final Part 70 permit, unless the EPA agrees to accept a summary of the 
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application and related information. The Department may require the applicant to submit a copy of the permit application, 

including the compliance plan directly to the EPA. 

B. Except for administrative permit amendments for which notice to the EPA is not required, the Department may not issue or 

revise the federally enforceable provisions of a Part 70 permit if the EPA: 

(1) Objects to its issuance or revision in writing within 45 days of EPA's receipt of the proposed permit or revision and any 

necessary supporting information; and 

(2) Specifies the basis for its objection and a description of the terms and conditions that must be included in the permit to 

respond to the objection. 

.10 Public Petitions for Review to EPA Regarding Part 70 Permits. 

A. If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, 

within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based 

only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during 

the public comment period provided in Regulation .07D of this chapter, unless: 

(1) The petitioner demonstrates that it was impracticable to raise the objections within the public comment period; or 

(2) The grounds for the objection arose after the public comment period. 

B. A person submitting a petition for review to the EPA under this regulation shall provide the Department and the applicant 

with a copy of the petition when it is provided to the EPA. 

C. If the EPA objects to a Part 70 permit as a result of a petition for review filed under this regulation, the Department may not

issue the permit until EPA's objection has been resolved. A petition for review does not stay the effectiveness of a Part 70 permit 

or its requirements if the permit was issued after the end of the 45-day review period and before an EPA objection. 

D. If the Department has issued a Part 70 permit before receipt of an EPA objection under this regulation, the Department has 

90 days from receipt of the EPA objection to resolve the objection and to reopen and revise or revoke the permit. If the 

Department fails to resolve the EPA objection and EPA then reopens and revises or revokes the permit in accordance with 40 

CFR §70.8(d), the Department thereafter may issue only a revised Part 70 permit that satisfies the EPA's objection. In this event, 

the owner or operator of the source is not in violation of the requirement to have submitted a timely and complete application if 

the owner or operator timely provides the Department with all information necessary to revise the permit. 

.11 Hearing Procedures. 

A. Request for a Contested Case Hearing. If the Department denies a Part 70 permit or issues it with terms and conditions that 

are objectionable to the applicant, the applicant may request that a contested case hearing be held regarding the permit. This 

request shall be made to the Department in writing not later than 15 days after the applicant receives notice that the permit has 

been denied or of the objectionable terms and conditions. The request shall include the basis for the request and refer to any 

objectionable terms and conditions. 

B. Referral to Office of Administrative Hearings. The Department shall refer the applicant's request to the Office of 

Administrative Hearings (OAH) for a contested case hearing regarding the denial of the permit or the objectionable terms and 

conditions. If objectionable terms and conditions are the basis for the request, the referral is limited to the objectionable terms and 

conditions and any others that are necessarily implicated by a challenge to the objectionable terms and conditions. 

C. Notice to Other Persons. After referral to OAH, the applicant shall provide notice of the contested case hearing, at the 

applicant's expense, to the EPA, any affected state that commented on the draft or proposed permit, and any other person who has 

requested notice. The applicant shall also provide notice in a newspaper of general circulation in the area of the source for which 

the Part 70 permit is sought. Before the notices required by this section are sent or published, the form and content of the notices 

shall be submitted by the applicant to the administrative law judge for approval. 

D. Rights of Other Persons to Participate. The EPA has the right, at its discretion, to participate as a party in a contested case

hearing held under this regulation. Any other person may move to participate in the contested case hearing in accordance with the 

requirements of Maryland law. 

E. Additional Notice and Final Decision. If the EPA did not participate in the contested case hearing, the Department shall 

provide the EPA with a copy of the proposed decision of the administrative law judge and 45 days opportunity to comment before 
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the Department issues its final decision in the contested case. If the EPA comments within 45 days, the Department shall provide 

a copy of those comments to all parties to the contested case hearing and 10 days to respond to those comments. After the end of 

this comment period, or without a comment period if EPA participated in the contested case hearing, the Department shall issue 

its final decision in the contested case. 

F. Determination that an Application is Incomplete. A determination by the Department that an application for an initial or 

renewed Part 70 permit is incomplete is also subject to the procedures for contested cases in §§A and B of this regulation, if the 

determination is made after the time for submitting a timely application. The requirements of §§C—E of this regulation do not 

apply to a contested case hearing held under this section. 

G. State-only Enforceable Conditions. Sections A, B, and F of this regulation apply to the federally enforceable and the Stateonly enforceable conditions of a Part 70 permit. 

.12 Judicial Review. 

A. Final Decisions. Final decisions of the Department regarding Part 70 permits are subject to judicial review as provided in 

this regulation. The following decisions are final: 

(1) A final decision of the Department regarding a Part 70 permit following a contested case hearing requested by the 

applicant, as provided in Regulation .11 of this chapter; 

(2) Failure of the Department to make a decision regarding a Part 70 permit within the time limits specified in Regulation 

.13A(3) of this chapter; 

(3) A decision to issue a Part 70 permit followed by a petition to the EPA, pursuant to Regulation .10 of this chapter, which 

has been denied by the EPA; 

(4) A decision to issue a Part 70 permit before a petition to the EPA, pursuant to Regulation .10 of this chapter, which has 

been denied by the EPA; 

(5) The adoption of a regulation establishing a general permit, as provided in Regulation .21 of this chapter. 

B. Notwithstanding §A of this regulation, a decision by the Department regarding a Part 70 permit is not final if a petition 

pursuant to Regulation .10 of this chapter is pending before the EPA, if an EPA objection to the permit has not been resolved, or 

if any other action is pending before the EPA, if the action was initiated with EPA or by EPA not later than 90 days after the 

Department's decision to issue a permit. A person who is uncertain whether a decision of the Department is not final because 

action is pending before the EPA shall request the Department to determine whether the action is pending. The Department shall 

consult with the EPA and respond in writing to a request within 20 days of receiving it. 

C. Form of Judicial Review. 

(1) A final decision by the Department in a contested case requested by the applicant is subject to judicial review as 

provided in Environment Article, §2-607, and State Government Article, §10-222, Annotated Code of Maryland. 

(2) Failure of the Department to make a decision within the time limits specified in Regulation .13A(3) of this chapter, or to 

reopen a permit as provided in Regulation .20C(3)(c) of this chapter is subject to an action for mandamus or any other action 

provided by law to compel the Department to make a decision. As provided in COMAR 26.11.02.02I, a Part 70 permit may not be 

considered to be issued because of the failure of the Department to make a decision within a time limit prescribed in this chapter. 

(3) The adoption of a regulation establishing a general permit is subject to judicial review as provided in State Government 

Article, §10-125, Annotated Code of Maryland. 

(4) Final decisions to issue Part 70 permits, as provided in §A(3) and (4) of this regulation, are subject to an action for 

judicial review brought by any person other than the applicant, as provided in the Maryland Environmental Standing Act 

(MESA), Natural Resources Article, §1-501 et seq., Annotated Code of Maryland. 

D. Time Limit for and Scope of Judicial Review. 

(1) As provided in Maryland Rule §7-203, appeal of a contested case decision regarding a Part 70 permit shall be filed not 

later than 30 days after the final decision of the Department. 

(2) A judicial action to compel the Department to make a decision regarding a Part 70 permit shall be filed before the 

Department makes a final decision to issue or deny the permit. 
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(3) As provided for at 40 CFR §70.4(b)(3)(xii), and except as provided in §D(4) of this regulation, an action for judicial 

review of a decision regarding a Part 70 permit that is not subject to §D(1) or (2) of this regulation shall be filed not later than 90 

days after the decision of the Department is final. 

(4) An action for judicial review under §D(3) of this regulation may be filed later than 90 days after a final decision of the 

Department if the action is based solely on grounds arising later than 90 days after the final decision. This action shall be filed not 

later than 90 days after the new grounds for review arise and is limited to the new grounds. 

(5) An action for judicial review under §D(3) of this regulation is limited to issues that are germane and material to the Part 

70 permit and that were raised by or on behalf of the person seeking review in written or oral comments made during the time for 

making comments, except if the person seeking review was not afforded an opportunity to comment on the draft permit. 

E. Record for Judicial Review. 

(1) For cases involving judicial review of a final decision regarding a Part 70 permit in a case that is a contested case, the 

record for judicial review shall be compiled in accordance with COMAR 28.02.01 and other law that pertains to contested cases. 

(2) For cases involving judicial review of the final decision regarding a Part 70 permit in a case that is not a contested case, 

the record for judicial review shall consist of those records and other significant information considered by the Department when 

it decided whether to issue or deny the permit or, for the cases in which it is alleged that the Department has failed to make a 

timely decision, the information before the Department regarding the pending application. Except in cases that are based on new

grounds provided for in §D(4) of this regulation, the record also consists of all comments and information submitted to the 

Department during the period to consider the permit. In cases that arise because of new grounds, the record includes the new 

grounds. 

.13 Issuance and Renewal of Part 70 Permits. 

A. Action on Applications for a Part 70 Permit. 

(1) The Department shall issue a Part 70 permit, permit revision, or permit renewal only if it determines that all of the 

following requirements have been met: 

(a) The Department has received a complete application for a Part 70 permit, permit revision, or permit renewal, except 

that a complete application need not be received before a determination that a particular source is covered by a general permit

under Regulation .21 of this chapter unless required by the general permit; 

(b) If applicable, the public participation requirements under Regulation .07 of this chapter; 

(c) If applicable, the procedures for notifying and responding to affected states under Regulation .08 of this chapter; 

(d) The federally enforceable conditions of the permit provide for compliance with all applicable requirements of the 

Clean Air Act or the permit includes a schedule to achieve compliance that is acceptable to the Department; 

(e) The EPA has received a copy of the proposed permit and any other information required by Regulation .09A of this 

chapter, and has either not objected to issuance of the permit under Regulation .09B of this chapter within a 45-day period or has 

objected within the time period but the objection has been resolved; and 

(f) The applicant has paid all fees owed to the Department that are related to the State air pollution control law. 

(2) The criteria for issuing or denying the State-only enforceable conditions of a Part 70 permit are those criteria specified 

in COMAR 26.11.02.06C and D. 

(3) Except as provided in 40 CFR §70.4(b)(4)(ii) regarding program approval and initial applications, Regulations .14 — 

.17 of this chapter regarding revisions to Part 70 permits, Regulation .21 of this chapter regarding general Part 70 permits, or in 

regulations promulgated by EPA under Title IV and Title V of the Clean Air Act for the permitting of affected sources under the

acid rain program, the Department shall take final action on each Part 70 permit application, including a request for renewal, 

within 18 months after receiving a complete application. The Department shall take final action on an application within: 

(a) 60 days for an administrative permit amendment, as provided in Regulation .15D of this chapter; 

(b) 90 days for a minor permit modification, or 15 days after the end of EPA's 45-day review period under Regulation .09 

of this chapter, whichever is later, as provided in Regulation .16F of this chapter; or 

(c) 9 months for a significant permit modification, as provided in Regulation .17G of this chapter. 
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(4) Final action on an application for a general Part 70 permit shall be taken as specified in the general permit. Final action 

on a reopened permit shall be taken as specified in Regulation .20C of this chapter. 

(5) The Department shall provide a statement that sets forth the legal and factual basis for the draft federally enforceable 

permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall provide this

statement to the EPA, affected states, and to any other person who requests it. 

(6) The submittal of a complete application does not affect the requirement that the owner or operator of a source obtain a 

preconstruction permit under Title I of the Clean Air Act or a permit to construct or approval required under COMAR 26.11.02. 

B. Part 70 Permit Renewal and Expiration. 

(1) The procedures for renewal of a Part 70 permit are the same as provided in Regulations .02, .03, and .07—.12 of this 

chapter for initial Part 70 permits, including procedures for applications, public participation, and affected state and EPA review. 

(2) The expiration of a Part 70 permit for a source terminates the right of the owner or operator to operate the source unless 

a timely and complete renewal application has been submitted, as provided in Regulation .02B and C of this chapter. 

(3) After a timely and complete application for a Part 70 permit renewal has been submitted, the permittee shall continue to 

operate under the terms and conditions of the current Part 70 permit until the Department has taken final action on the permit 

renewal. 

C. No Default Issuance. As provided in COMAR 26.11.02.02I, failure of the Department to act on a Part 70 permit application 

is not deemed issuance by default. 

.14 Revision of Part 70 Permits — General Requirements. 

A. The permittee shall submit an application to the Department to revise a Part 70 permit when required under Regulations 

.15—.17 of this chapter. 

B. The applicant for a revision to a Part 70 permit shall comply with the requirements of Regulations .02 and .03 of this 

chapter and this regulation except that the application need include only information listed that is related to the proposed change 

to the source and revision to the permit. This information shall be sufficient to evaluate the proposed change and to determine

whether it will comply with all applicable requirements of the Clean Air Act. 

C. A permittee may not change any provision of a compliance plan or schedule in a Part 70 permit as an administrative permit 

amendment or a minor permit modification unless the change has been approved by the Department in writing. 

D. On-permit and off-permit changes made to a Part 70 source, in accordance with Regulations .19 and .20 of this chapter, do 

not result in a revision to a Part 70 permit because the terms and conditions of the permit are not revised to reflect the change to 

the source. 

.15 Administrative Permit Amendments. 

A. A permittee may apply to the Department to make an administrative permit amendment to a Part 70 permit, as provided in 

this regulation. The application shall: 

(1) Be in writing; 

(2) Include a statement certified by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 

26.11.02.02F, that the proposed amendment meets the criteria for an administrative permit amendment; and 

(3) Identify those provisions of the Part 70 permit for which the amendment is requested and the basis for the request. 

B. An administrative permit amendment is a Part 70 permit revision that: 

(1) Corrects typographical errors; 

(2) Identifies a change in the name, address, or phone number of a person identified in the permit, or a similar 

administrative change involving the permittee or other matters not directly related to the control of air pollution; 

(3) Requires more frequent monitoring or reporting by the permittee; 

(4) Allows for a change in ownership or operational control of a source for which the Department determines that no other 

revision to the permit is necessary, if a written agreement containing a specific date for transfer of permit responsibility, coverage, 

and liability between the current and new permittee has been submitted to the Department; 
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(5) Incorporates into the Part 70 permit the requirements from preconstruction review permits or approvals issued by the 

Department in accordance with the requirements of this subtitle, but only if the procedures for preconstruction review satisfy the 

requirements of 40 CFR §70.7(d)(1)(v); 

(6) Incorporates any other type of change, as approved by the EPA, which is similar to those in §B(1)—(4) of this 

regulation; 

(7) Incorporates any change to a term or condition specified as State-only enforceable, if the permittee has obtained all 

necessary permits to construct and approvals that apply to the change. 

C. The Department may approve an administrative permit amendment to a Part 70 permit, consistent with the requirements of 

this regulation, except for a permit modification for the acid rain portion of a Part 70 permit which is governed by regulations 

promulgated under Title IV of the Clean Air Act. 

D. The Department shall take final action to approve or deny an administrative permit amendment within 60 days of receipt of 

a complete application. An amendment to a Part 70 permit under this regulation may be made without providing notice to the 

public or affected states. The Department shall identify in the permit an amendment made under this regulation. 

E. The Department shall submit a copy of the revised Part 70 permit to the EPA. 

F. The permittee may make the change addressed in the application for an administrative amendment upon receipt by the 

Department of the application, if all permits to construct or approvals otherwise required by this chapter with respect to the 

change have first been obtained from the Department. 

G. The permit shield in Regulation .23 of this chapter applies to administrative permit amendments made under §B(5) of this 

regulation but only after the Department takes final action to revise the permit. 

H. The permittee is subject to enforcement action if it is determined at any time that a change made under this regulation is not 

within the scope of this regulation. 

.16 Minor Permit Modifications. 

A. A permittee may apply to the Department to make a minor modification to the federally enforceable provisions of a Part 70 

permit, as provided in this regulation. 

B. A minor permit modification is a Part 70 permit revision that: 

(1) Does not result in a violation of any applicable requirement of the Clean Air Act; 

(2) Does not significantly revise existing federally enforceable monitoring, including test methods, reporting, record 

keeping, or compliance certification requirements except by: 

(a) Adding new requirements, 

(b) Eliminating the requirements if they are rendered meaningless because the only emissions to which the requirements 

apply will no longer occur, or 

(c) Changing from one approved test method for a pollutant and source category to another; 

(3) Does not require or modify a: 

(a) Case-by-case determination of a federally enforceable emission standard, 

(b) Source-specific determination for temporary sources of ambient impacts, or 

(c) Visibility or increment analysis; 

(4) Does not seek to establish or modify a federally enforceable permit term or condition for which there is no 

corresponding underlying applicable requirement of the Clean Air Act, but that the permittee has assumed to avoid an applicable

requirement to which the source would otherwise be subject; 

(5) Is not a Title I modification; and 

(6) Is not required under Regulation .17 of this chapter to be processed as a significant modification to a Part 70 permit. 
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C. The terms and conditions described in §B(4) of this regulation include: 

(1) A federally enforceable emission standard applied to the source pursuant to COMAR 26.11.02.03 to avoid classification 

as a Title I modification; and 

(2) An alternative emission standard applied to the source pursuant to regulations promulgated under §112(i)(5) of the 

Clean Air Act. 

D. Application for a Minor Permit Modification. The permittee shall submit to the Department an application for a minor 

permit modification that satisfies the requirements of Regulation .03 of this chapter, and which includes the following: 

(1) A description of the proposed change, the emissions resulting from the change, and any new applicable requirements 

that will apply if the change is made; 

(2) The proposed minor permit modification; 

(3) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F 

that: 

(a) The proposed change meets the criteria for a minor permit modification, and 

(b) The permittee has obtained or applied for all required permits to construct required by this chapter with respect to the 

proposed change; and 

(4) Completed forms for the Department to use to notify the EPA and affected states, as required by Regulations .07—.12 

of this chapter. 

E. EPA and Affected State Notification. Not later than 5 working days after receipt of a complete application, the Department 

shall notify EPA and affected states of an application for a minor permit modification, as required by Regulations .08A and .09A 

of this chapter. The Department shall promptly send to EPA any notice required under Regulation .08C of this chapter. 

F. Timetable for Issuance. 

(1) The Department may not issue a final minor permit modification until the 45-day period for EPA review has ended or 

until the EPA has notified the Department that EPA does not object to issuance of the minor permit modification, whichever 

occurs first. 

(2) Not later than 90 days after the Department's receipt of a complete application for a minor permit modification or 15 

days after the end of the 45-day period for EPA review, whichever is later, the Department shall: 

(a) Issue the minor permit modification as proposed; 

(b) Deny the minor permit modification; 

(c) Determine that the change as described in the application does not meet the criteria for a minor permit modification 

and should be reviewed under the significant modification procedures in Regulation .17 of this chapter; or 

(d) Revise the draft permit modification and transmit to EPA and affected states the new proposed minor permit 

modification, as required by Regulation .16E of this chapter. 

G. Permittee's Ability to Make Change. 

(1) If a change proposed in an application for a minor permit modification requires a permit to construct, the permittee may 

make the change only after the permit to construct has been issued by the Department. 

(2) If a change proposed in an application for a minor permit modification does not require a permit to construct, the 

permittee may make the change at any time after receipt of the application by the Department. 

(3) After the permittee makes a change allowed by this section and before the Department takes any of the actions specified 

in §F(2) of this regulation, the permittee shall comply with both the applicable requirements of the Clean Air Act that relate to the 

change and the permit terms and conditions described in the application for the modification. During this period of time, the 

permittee is not required to comply with the terms and conditions in the permit that it seeks to modify. If the permittee fails to 

comply with the permit terms and conditions in the application during this period of time, the terms and conditions in both the

permit and in the application may be enforced against it. 

H. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to minor permit modifications. 
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I. The permittee is subject to enforcement action if it is determined at any time that a change made under this regulation is not 

within the scope of this regulation. 

J. Notwithstanding any provision of this chapter, minor permit modification procedures may be used for Part 70 permit 

modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, but 

only to the extent that the minor permit modification procedures are explicitly provided for in regulations approved by the EPA as 

part of that Maryland SIP or in other applicable requirements of the Clean Air Act. 

.17 Significant Permit Modifications. 

A. As provided in this regulation, a permittee may apply to the Department to make a significant modification to a Part 70 

permit. 

B. A significant permit modification is a revision to the federally enforceable provisions of a Part 70 permit that does not 

qualify as an administrative permit amendment under Regulation .15 of this chapter or as a minor permit modification under 

Regulation .16 of this chapter. A significant change or relaxation in a monitoring requirement and a relaxation of a reporting or 

record-keeping requirement in a Part 70 permit is a significant modification. 

C. This regulation does not preclude a permittee from making changes, consistent with the provisions of this chapter, that 

would make a permit or particular terms and conditions of a permit irrelevant, such as by shutting down or reducing the level of 

operation of a source or of an emission unit within the source. Air pollution control equipment may not be shut down or its level 

of operation reduced if doing so would violate any term of a permit or approval. 

D. Significant permit modifications are subject to all requirements of this chapter as they apply to permit issuance and 

renewal, including the requirements for applications, public participation, and review by affected states and EPA, except: 

(1) An application need include only information pertaining to the proposed change to the source and modification of the 

permit, including a description of the change and modification, the emissions resulting from the change and modification, and any 

new applicable requirements of the Clean Air Act that will apply if the change occurs; 

(2) Public participation, and review by affected states and EPA, is limited to only the application and those federally 

enforceable terms and conditions of the Part 70 permit that are affected by the significant permit modification. 

E. As provided at Regulation .15B(5) of this chapter, an administrative permit amendment may be used to make a change that 

would otherwise require a significant permit modification if procedures for enhanced preconstruction review of the change are 

followed that satisfy the requirements of 40 CFR §70.7(d)(1)(v). 

F. Permittee's Ability to Make Change. 

(1) Before making a change that qualifies as a significant permit modification, a permittee shall obtain all permits to 

construct and approvals if required by COMAR 26.11.02.09A, or shall obtain a certificate of public convenience and necessity 

(CPCN) from the Public Service Commission if required under Public Utilities Article, Title 7, Subtitle 2, Annotated Code of 

Maryland. 

(2) For modifications that require a permit to construct and, if applicable, approval by COMAR 26.11.02, or a CPCN from 

the Public Service Commission, the permittee may make the change only after the permittee has received the required permit to 

construct, and, if applicable, approval or CPCN and has submitted a complete application for a significant modification to its Part 

70 permit. 

(3) For modifications that do not require a permit to construct, and, if applicable, approval, the permittee may not make the 

change until the Department issues a revised Part 70 permit that includes the requirements that apply to the modification. 

G. The Department shall make its final decision to issue or deny a significant permit modification within 9 months after 

receipt of a complete application, but may extend that date for cause. 

H. A permittee may not make a significant permit modification that results in a violation of any applicable requirement of the 

Clean Air Act. 

I. Permit Shield. The permit shield in Regulation .23 of this chapter applies to a final significant permit modification that has 

been issued by the Department, to the extent applicable under Regulation .23 of this chapter. 
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.18 On-Permit Changes to Sources. 

A. A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if: 

(1) The change is not a Title I modification; 

(2) The change does not result in emissions in excess of those expressly allowed under the federally enforceable provisions 

of the Part 70 permit for the permitted source or for an emissions unit within the source, whether expressed as a rate of emissions 

or in terms of total emissions; 

(3) The permittee has obtained all permits and approvals required by this chapter and COMAR 26.11.02; 

(4) The change does not violate an applicable requirement of the Clean Air Act; 

(5) The change does not violate a federally enforceable permit term or condition related to monitoring, including test 

methods, record keeping, reporting, or compliance certification requirements; 

(6) The change does not violate a federally enforceable permit term or condition limiting hours of operation, work practices, 

fuel usage, raw material usage, or production levels if the term or condition has been established to limit emissions allowable

under the permit; 

(7) The change does not modify a federally enforceable provision of a compliance plan or schedule in a Part 70 permit 

unless the Department has approved the change in writing; and 

(8) The permit does not expressly prohibit the change under this regulation. 

B. The permittee shall notify the Department and the EPA in writing of a proposed change under this regulation not later than 

7 days before the change is made. 

C. The written notification required by §B of this regulation shall include: 

(1) The following information: 

(a) A description of the proposed change, 

(b) The date on which the change is proposed to be made, 

(c) Any change in emissions resulting from the change, including the pollutants emitted, 

(d) Any new applicable requirement of the Clean Air Act, and 

(e) Any permit term or condition that would no longer apply; and 

(2) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F, 

that the proposed change meets the criteria for the use of on-permit changes under this regulation and a request that these 

procedures be used. 

D. The permittee, the Department, and EPA shall attach each notice required by §B of this regulation to their copy of the Part 

70 permit. 

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. 

F. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. 

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. 

H. The permittee is subject to enforcement action if it is determined that a change made under this regulation is not within the 

scope of this regulation or violates any requirement of the State air pollution control law. 

.19 Off-Permit Changes to Sources. 

A. A permittee may make a change to the permitted source that is not addressed or prohibited by the federally enforceable 

conditions of a Part 70 permit without obtaining a Part 70 permit revision if: 

(1) The owner or operator has obtained all permits and approvals required by this chapter; 

(2) The change is not subject to any requirements under Title IV of the Clean Air Act; 

(3) The change is not a Title I modification; and 
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(4) The change does not violate an applicable requirement of the Clean Air Act or a federally enforceable term or condition 

of the permit. 

B. For a change that qualifies under this regulation, the permittee shall provide contemporaneous written notice to the 

Department and the EPA, except for a change to an emission unit or an activity that is exempt from the Part 70 permit application, 

as provided in Regulation .04 of this chapter. This written notice shall describe the change, including the date it was made, any 

change in emissions, including the pollutants emitted, and any new applicable requirements of the Clean Air Act that apply as a

result of the change. 

C. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. 

D. The permittee shall keep a record describing: 

(1) Changes made at the source that result in emissions of an air pollutant subject to an applicable requirement of the Clean 

Air Act, but not otherwise regulated under the permit; and 

(2) The emissions resulting from those changes. 

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. 

F. The permittee shall include each change made under this regulation in the application for the next renewal of the Part 70 

permit. 

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. 

H. The permittee is subject to enforcement action if it is determined that a change made under this regulation is not within the 

scope of this regulation. 

.20 Reopening Part 70 Permits. 

A. Reopening a Part 70 Permit by the Department. 

(1) Mandatory Reopening by the Department. The Department shall reopen and revise or revoke the federally enforceable 

conditions of a Part 70 permit under the following circumstances: 

(a) Additional requirements of the Clean Air Act become applicable to a major Part 70 source with a remaining permit 

term of 3 or more years; 

(b) Additional requirements, including excess emissions requirements, become applicable to an affected source under the 

acid rain program; 

(c) The Department or the EPA determines that the permit contains a material mistake or is based on false or inaccurate 

information supplied by or on behalf of the applicant; or 

(d) The Department or the EPA determines that the permit must be revised or revoked to assure compliance with the 

applicable requirements of the Clean Air Act. 

(2) A reopening and revision under §A(1)(a) of this regulation shall be completed not later than 18 months after 

promulgation of the new applicable requirement. A reopening is not required if the effective date of the new requirement is later 

than the date on which the permit is due to expire, unless the original permit or any of the original permit's terms and conditions 

have been extended pursuant to Regulation .13B of this chapter. 

(3) Upon approval by the EPA, excess emission offset plans under §A(1)(b) of this regulation are deemed to be 

incorporated into the permit. 

(4) Discretionary Reopening by the Department. The Department may reopen and revise the federally enforceable 

conditions of a Part 70 permit under any of the following circumstances: 

(a) The Department determines that the permit must be revised or revoked to assure compliance with an applicable 

national ambient air quality standard or increment; or 

(b) The Department receives information previously unavailable to the Department that shows that the terms and 

conditions of the permit do not accurately reflect the actual circumstances relating to the permitted facility. 

B. Discretionary Reopening by EPA. The EPA may reopen a Part 70 permit as prescribed in 40 CFR §70.7(g). 
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C. Procedures for Reopening a Part 70 Permit by the Department. 

(1) Not later than 30 days before reopening a permit under this regulation, unless the Department determines that a shorter 

period is necessary to protect public health, the Department shall notify the permittee and the EPA of: 

(a) The Department's intention to reopen the permit; 

(b) Which provisions of the permit will be reopened or that revocation is proposed; 

(c) The proposed revision; 

(d) The basis for the decision; and 

(e) The procedures that apply to the reopening. 

(2) Not later than 20 days after receiving notice, unless a shorter time is specified by the Department, the permittee shall 

respond to the notice by providing the Department with all information that the permittee considers relevant to the notice of 

proposed reopening. A copy of this response shall be sent simultaneously to the EPA. Failure to timely respond or submit relevant 

information constitutes a waiver by the permittee of its right to respond to the notice. 

(3) Notice of Reopening or Decision Not to Reopen. 

(a) Except as provided in §C(3)(b) of this regulation, not sooner than 30 days after the permittee received the notice 

required by this section, unless the Department determines that a shorter time is required to protect public health, the Department 

shall notify the permittee and the EPA: 

(i) That the permit has been reopened; 

(ii) Which provisions are reopened and the proposed revision if the proposed revisions can be determined, or that 

revocation is proposed; and 

(iii) Of the procedures that apply to the reopening. 

(b) At any time before notifying the permittee of a decision to reopen the permit, the Department may notify the 

permittee and the EPA of a decision to not reopen the permit. 

(c) A decision to reopen a permit is not a final decision of the Department. 

(4) Procedures to be Followed for a Reopened Permit. The procedures to be followed if a permit is reopened shall be the 

same procedures that were used for the initial permit issuance as specified in Regulations .07, .08, and .09 of this chapter. 

(5) Application for Reopened Permit and Effective Date of Reopening. Not later than 30 days after it receives notice of a 

decision to reopen a permit, unless the Department specifies a shorter time, the permittee shall submit a complete application for a 

revised permit, following the procedures specified by the Department. The permit is considered to be reopened on the day that the 

Department receives a complete application for the revised permit, except that if a complete application is not received within 30 

days after the permittee receives notice of the reopening, the permittee waives the right to participate in the reopened permit and 

the date of reopening is the date 30 days after the applicant received notice of the reopening. In this event, the Department may 

proceed to revise or revoke the permit without the participation of the permittee using, to the extent practicable, the procedures 

specified under §C(4) of this regulation, including billing the permittee for any costs of public notice or other costs for which an 

applicant is responsible under Regulation .07 of this chapter. 

(6) Decision to Revise or Revoke Permit. Not later than 90 days after the effective date of reopening, unless the Department 

determines that a longer period is required to satisfy the procedures specified for the reopening, the Department shall revise or 

revoke the permit. A decision to revise or revoke a Part 70 permit is subject to the review provisions at Regulations .11 and .12 of 

this chapter. 

D. Extension of Expiration Date of Permit. This regulation does not apply to an extension of the expiration date of a Part 70 

permit unless the entire permit is reopened and the requirements of this chapter for renewal of a Part 70 permit are followed. 

E. Other Actions Not Limited. This regulation is not a limitation on the authority of the Department to bring or pursue at any 

time any administrative, civil, or criminal judicial action authorized by law for violation of a Part 70 permit, including actions for 

penalties and injunctive relief. The Department may reopen and revise or revoke a Part 70 permit while administrative or judicial 

enforcement action is pending or after it has ended. 
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F. Summary Revocation of a Permit. Notwithstanding any other provision of this chapter, in order to protect the public health, 

the Department may initiate administrative action to revoke a permit using the minimum procedures necessary to protect the 

rights of the permittee. These procedures may include summary revocation by the Department of a Part 70 permit and, if 

necessary, judicial actions to enforce the summary revocation pending administrative proceedings and judicial review to 

determine whether the permit should be revoked permanently or revised, or other appropriate action taken. 

.21 General Part 70 Permits. 

A. The Department may, after its review, review by the EPA and affected states, and after notice and opportunity for public 

comment and hearing as required by the rulemaking provisions of the Administrative Procedure Act, State Government Article, 

§10-101 et seq., Annotated Code of Maryland, and Environment Article, §2-301, Annotated Code of Maryland, issue a general 

Part 70 permit covering numerous similar sources or emissions units. Any general permit shall comply with all requirements 

applicable to other Part 70 permits and shall identify criteria by which sources may qualify for the general permit. 

B. The Department shall maintain records of the public comments and issues raised during the public participation process. 

C. Notwithstanding the shield provisions of Regulation .23 of this chapter, a person responsible for a source that the person 

contends is subject to a general permit is subject to an enforcement action for operating without a Part 70 permit if it is 

determined that the source does not qualify for the general permit. 

D. General permits may not be authorized for affected sources under the acid rain program unless otherwise provided in 

regulations promulgated under Title IV of the Clean Air Act. 

E. The owner or operator of a Part 70 source that qualifies for a general permit may apply to the Department for coverage 

under the terms of a general permit. 

F. The Department may in a general permit provide for applications and procedures to identify those sources that are subject to 

that permit that differ from the application requirements of Regulations .02 and .03 of this chapter if these applications and 

procedures meet the requirements of Title V of the Clean Air Act and include all information necessary to determine qualification 

for and to assure compliance with the general permit. 

G. The Department may grant an application for a determination that a general permit applies to a particular source without 

repeating the notice, comment, and review procedures of Regulations .07—.12 of this chapter. However, such a grant may not be 

a final permit action for the purpose of judicial review. 

H. A response to each general permit application may not be provided. The general permit may specify a reasonable period of 

time after which an application is deemed approved and the applicant may operate under the general permit. 

I. The applicant for a general Part 70 permit may be issued an individual permit or a letter or other document indicating that 

the application has been approved or denied. 

J. If the Department provides an individual response, as provided in §H of this regulation, the permittee shall retain that 

response and make it available on request to authorized officials of the Department. 

K. An applicant for and a permittee subject to a general permit is subject to the requirements of COMAR 26.11.02.16 and shall 

pay the annual fee in accordance with COMAR 26.11.02.17—.19. 

L. Notwithstanding any other provision of this chapter, the provisions of Regulations .14—.19 of this chapter, regarding 

revisions, apply to a general permit. 

.22 Part 70 Permits for Temporary Sources. 

A. A temporary source is a Part 70 source that the applicant intends to relocate from one site to another site at least once 

during the term of the permit. The owner or operator of a temporary source that is required to obtain a Part 70 permit, under 

Regulation .01 of this chapter, shall apply for the Part 70 permit in accordance with the requirements of this chapter. 

B. The Department may issue a single Part 70 permit that authorizes operation of a temporary source at multiple sites. 

C. The Department may not issue a permit as a temporary source to an affected source under the acid rain program. 

D. Part 70 permits for temporary sources shall include: 

(1) Conditions to assure compliance with all applicable requirements of the Clean Air Act at all authorized sites; 
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(2) A requirement that the owner or operator notify the Department at least 10 days in advance of each change in site; 

(3) State-only enforceable conditions that assure compliance with all other applicable requirements of the State air pollution 

control law; and 

(4) Conditions that assure compliance with all other provisions of this regulation. 

E. The owner or operator of a temporary source shall create and maintain records of the duration of its stay at a site, in 

addition to the other records required under this subtitle. 

.23 Permit Shield in Part 70 Permits. 

A. Except as provided in this chapter, the Department may expressly include in a Part 70 permit a provision stating that 

compliance with the federally enforceable conditions of the permit is deemed to be in compliance with all applicable requirements 

of the Clean Air Act as of the date of permit issuance. 

B. The permit shield shall cover only the following: 

(1) Applicable requirements of the Clean Air Act that are included and are specifically identified in the permit; and 

(2) Any applicable requirement of the Clean Air Act specifically identified by the Department as being not applicable to the 

source, but only if the permit includes that determination or a summary of the determination. 

C. The permit shield does not apply to terms and conditions of a permit that were based on erroneous information submitted 

by the permittee in its application. 

D. A Part 70 permit that does not expressly state that a permit shield exists is not subject to the shield. 

E. This regulation or a Part 70 permit does not alter or affect the following: 

(1) The emergency order provisions of §303 of the Clean Air Act, including the authority of the EPA under that section; 

(2) The liability of an owner or operator of a source for a violation of an applicable requirement of the Clean Air Act before 

or when a permit is issued or for a violation that continues after issuance; 

(3) The requirements of the acid rain program, consistent with §408(a) of the Clean Air Act; 

(4) The ability of the Department or the EPA to obtain information from a source pursuant to Maryland law and §114 of the 

Clean Air Act; or 

(5) The authority of the Department to enforce an applicable requirement of the State air pollution control law that is not an 

applicable requirement of the Clean Air Act. 

F. The permit shield does not apply to and is not affected by any conditions in a Part 70 permit designated as "State-only 

enforceable". 

.24 Part 70 Permit Emergency Provisions. 

A. For purposes of a Part 70 permit, an "emergency" means a situation: 

(1) Arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator of the source, 

including acts of God; 

(2) Requiring immediate corrective action to restore normal operation; and 

(3) That causes the source to exceed a technology-based emission standard under the Part 70 permit because of unavoidable 

increases in emissions attributable to the emergency. 

B. An emergency does not include noncompliance caused by improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error. 

C. An emergency constitutes an affirmative defense to an action brought for noncompliance with a technology-based emission 

standard in the federally enforceable conditions of a Part 70 permit if the conditions of §D of this regulation are met. 

D. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or 

other relevant evidence that: 

(1) An emergency occurred and that the permittee identified the cause of the emergency; 

(2) The permitted source was being properly operated when the emergency occurred; 
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(3) During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that 

exceeded the emission standards or other requirements of the federally enforceable conditions of a Part 70 permit and the effects 

of those levels of emissions; and 

(4) The permittee submitted verbal notice of the emergency to the Department immediately and written notice within 2 

working days after emission standards were exceeded because of the emergency. 

E. The notice under §D(4) of this regulation shall contain a description of the emergency, the steps taken to minimize 

emissions and their effects, and corrective actions taken. This notice fulfills the requirements of Regulation .06C(7)(a)(iii) of this 

chapter. 

F. In a proceeding to establish noncompliance with the federally enforceable conditions of a Part 70 permit, a permittee has the 

burden of proof to establish the occurrence of an emergency. 

G. This regulation is in addition to an emergency or upset provision contained in an applicable requirement, including the 

provisions of COMAR 26.11.01.07. 

Administrative History 

Effective date: 

Chapter, State-Adopted National Ambient Air Quality Standards and Guidelines, recodified from COMAR 26.11.03.01—.07 to COMAR 26.11.04.03—.09, 

effective May 8, 1995 (22:9 Md. R. 648) 

Editor's note: Regulations .01—.24, Permits, Approvals, and Registration—Part 70 Permits, as well as the Part 70 permit requirements of COMAR 26.11.02 

were effective on August 2, 1996, the date the EPA approved Maryland's program (24:5 Md. R. 413). 

Regulation .01B amended and .01M adopted effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843) 

—————— 

Chapter revised effective July 9, 2001 (28:13 Md. R. 1217) 

Regulation .01B amended effective December 10, 2001 (28:24 Md.2130) 

Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138) 

Regulation .06C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .12D amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .18A amended effective December 10, 2001 (28:24 Md.2130) 

Regulation .19D amended effective December 10, 2001 (28:24 Md.2130) 
26.11.05 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 05 Air Pollution Episode System 

Authority: Environment Article, Title 2, Annotated Code of Maryland 

.01 Definitions. 

A. "Air Stagnation Advisory (ASA)" means a forecasted atmospheric stagnation that is expected to last 36 hours or more. 

B. "Atmospheric stagnation" means a measure of the inability of the atmosphere to adequately dilute and disperse pollutants 

emitted into it, based on values of specific meteorological parameters of the microscale, mesoscale, and macroscale features, and 

which satisfies the criteria established by the National Meteorological Center set forth in Environmental Science Service 

Administration Technical Memorandum WBTM-NMC 47 published by the Department of Commerce, May, 1970. 

C. "Chemical and allied products industries" means establishments engaged in the manufacture of: 

(1) Basic chemicals such as acids, alkalies, salts, industrial gases, and organic chemicals; 

(2) Chemical products to be used in further manufacturing such as synthetic fibers, plastics, dry colors, and pigments; 

(3) Finished chemical products to be used for ultimate consumption such as drugs, cosmetics, soap, paints, fertilizers, and 

explosives (Standard Industrial Classification, Major Group 28). 

D. "Emergency" means a sudden, unexpected, and unforeseen condition of such public gravity and exigency as to require 

immediate action, or a condition which is predicted with reasonable certainty to require immediate action to carry out the 

purposes of this subtitle. 

E. "Glass, clay and concrete products industries" means establishments engaged in the manufacture of glass, glassware, textile 

fibers, glass insulation, wool, structured clay products, concrete products, gypsum and plastic products, lime abrasives, and 

asbestos (Standard Industrial Classification, Major Group 32). 

F. "Paper and allied products industries" means establishments engaged in manufacturing wood pulp from wood or other 

materials and the manufacture of paper, paperboard, and building paper (Standard Industrial Classification, Major Group 26). 

G. "Petroleum refining and related industries" means establishments engaged in petroleum refining, the manufacture of paving 

and roofing materials from petroleum products, and compounding paving and building materials and petroleum products 

(Standard Industrial Classification, Major Group 29). 

H. "Pollutant Standards Index (PSI)" means a standardized reporting system for advising the public of possible adverse health 

effects due to air pollution. PSI is a reporting tool that converts measured air pollutant concentrations to a simple number on a 

scale of 0 to 500. A level of 100 on the PSI scale corresponds to the National Ambient Air Quality Standard for ozone, carbon 

monoxide, nitrogen dioxide, sulfur dioxide, or particulate matter. Only the highest PSI is reported for any one period. The levels 

between 0 and 100 correspond to a percentage of the standard, while the levels between 100 and 500 are uniform intervals 

between the National Ambient Air Quality Standard and the "significant harm level", as defined by the U.S. Environmental 

Protection Agency. 

I. "Primary metals industries" means establishments engaged in the: 

(1) Smelting, refining, sintering, and alloying of ferrous and nonferrous metals from ore, pig or scrap; and 

(2) Manufacture of castings, forging, powdered metals, and other basic products of ferrous and nonferrous metals, including 

the production of coke (Standard Industrial Classification, Major Group 33). 

J. "Special Dispersion Statement (SDS)" means a forecasted atmospheric stagnation that is expected to last more than 12 hours 

but less than 36 hours. 

.02 General Requirements. 

A. An air pollution episode system establishes standards and procedures to be followed whenever pollution of the air has the 

potential of reaching an emergency condition if allowed to go unchecked. 

B. Whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air pollution may 

attain, is attaining, or has attained a level or levels considered injurious to human health, conditions of air pollution designated as 
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Standby Watch, Health Advisory, Alert, Warning, and Emergency shall be declared. In making a determination, the Governor, the 

Secretary, or the Secretary's designee shall be guided by criteria defined in Regulation .03 of this chapter. 

C. To assure compliance with this chapter, sources designated by the Secretary or the Secretary's designee shall submit standby 

emission reduction plans in accordance with Regulation .04 of this chapter. In accordance with the standby emission reduction 

plans, standby orders as specified in Regulation .05 of this chapter shall be implemented as a designated level is reached. 

D. Nothing contained in these regulations shall be construed as allowing, permitting, or maintaining an emission from any 

installation in the State to be subject to a lesser degree of control as may be required for existing or new regulations adopted by 

the Secretary. 

E. During air pollution episodes, sources having an interstate air pollution potential shall be governed by the following: 

(1) Air pollution emissions within the jurisdiction of the State shall be controlled to the extent that neighboring state 

requirements are not compromised. 

(2) Provisions of these regulations shall apply to installations within the State when a receptor state demonstrates, to the 

satisfaction of the Secretary, that a source or sources within Maryland is substantially affecting established emergency episode 

criteria in the receptor state. 

.03 Air Pollution Episode Criteria. 

A. A condition justifying the proclamation of a Standby Watch, Health Advisory, Alert, Warning, or Emergency shall be 

deemed to exist whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air 

pollutants in any place, locality, county, or other area in the State may attain, is attaining, or has attained levels which, if sustained 

or exceeded, would lead to a threat to the health of the public. In making this determination, the Secretary or his designee shall be 

guided by the specified conditions in §§B, C, and D, of this regulation. 

B. Episode Criteria. 

(1) Standby Watch Stage. The Department shall declare a standby watch stage whenever one or more of the following 

conditions exists: 

(a) Forecasted meteorological conditions that are expected to last at least 12 hours and may inhibit pollutant dispersion or 

increase pollutant concentration. 

(b) A Special Dispersion Statement (SDS) has been issued by the Department. 

(c) An Air Stagnation Advisory (ASA) has been issued by the Department. Upon declaration of an Air Stagnation 

Advisory, the Department shall make a public announcement of this declaration within 2 hours. 

(d) Measured air pollutant concentrations exceed a PSI of 83. 

(2) Health Advisory Stage. The Department shall declare a Health Advisory when measured air pollutant concentrations 

cause the PSI to exceed 100. 

(3) Alert Stage. An Alert shall be declared by the Secretary or his designee when any one or more of the following pollutant 

levels in §B(3)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that pollutant dispersion is expected to be inhibited for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level 

(i) Sulfur dioxide 0.3 ppm 24 hour average 

(ii) PM10 180 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 15 ppm 8 hour average 

(iv) Ozone 0.2 ppm 1 hour average 

(v) Nitrogen dioxide 0.6 ppm 1 hour average or 0.15 ppm 24 hour average 
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(4) Warning Stage. A Warning shall be declared by the Secretary or his designee when any one or more of the following 

pollutant levels in §B(4)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that pollutant dispersion is expected to be inhibited for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level (i) Sulfur dioxide 0.6 ppm 24 hour average 

(ii) PM10 360 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 30 ppm 8 hour average 

(iv) Ozone 0.4 ppm 1 hour average 

(v) Nitrogen dioxide 1.2 ppm 1 hour average or 0.3 ppm 24 hour average 

(5) Emergency Stage. An Emergency shall be declared by the Governor when any one or more of the following pollutant 

levels in §B(5)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that this condition can be expected to continue for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level 

(i) Sulfur dioxide 0.8 ppm 24 hour average 

(ii) PM10 480 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 40 ppm 8 hour average 

(iv) Ozone 0.5 ppm 1 hour average 

(v) Nitrogen dioxide 1.6 ppm 1 hour average or 0.4 ppm 24 hour average 

(6) Termination. Termination of all stages of the Air Pollution Episode System shall be called by the Secretary or his 

designee or by the Governor based on: 

(a) Consultation with the federal or Department meteorologist which indicates that the atmospheric conditions justify 

termination; and 

(b) Appropriate reduction in pollutant levels below the Alert Stage criteria. 

C. An episode condition has been reached if ambient air quality is measured to be in excess of the designated levels at any 

monitoring site in the State, except when elevated pollution levels exist in an area that may be reduced by controlling emissions 

from one or a few individual sources contributing to the condition. The localized condition shall be known as an incident, and the 

involved individual sources shall be subject to the same provisions as listed for the abatement of episodes. 

D. All episode stages may be activated on the basis of deteriorating air quality alone; that is, an atmospheric stagnation 

forecast need not be in effect. (Subject to the conditions specified in §B(2), (3), (4), and (5) of this regulation.) 

.04 Standby Emission Reduction Plans. 

A. When requested by the Department, any person responsible for the operation of an installation specifically identified in 

Table I, II, or III of this chapter shall prepare in writing, standby emission reduction plans, consistent with good industrial practice 

and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. 

Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in 

Tables I, II, and III as applicable. 
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B. When requested by the Department, any person responsible for the operation of a source of emissions not specifically 

identified under §A shall prepare, in writing, standby emission reduction plans, consistent with good industrial practice and safe 

operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby 

emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, 

II, and III as applicable. 

C. Standby emission reduction plans as required in §§A and B, of this regulation, shall be in writing and show the source of 

emissions, the approximate amount of reduction of emissions to be achieved, the time necessary to achieve the reduction after 

being notified to implement the plan, and a description of the manner in which the reduction will be achieved during an Alert, 

Warning, and Emergency period in accordance with the objectives set forth in Tables I, II, and III. These plans shall be submitted 

in the form specified by the Department. 

D. During a condition of Alert, Warning, or Emergency, standby emission reduction plans as required by this regulation shall 

be made immediately available on the premises to any person authorized to enforce regulations promulgated under terms of the 

Air Quality Control Act. 

E. Standby emission reduction plans as required by this regulation shall be submitted to the Department upon request within 

30 days of receipt of the request. Standby emission reduction plans shall be subject to review and approval by the Department. If, 

in the opinion of the Department, the standby emission reduction plans do not carry out the objectives set forth in Tables I, II, and 

III, the Department may disapprove of the standby emission reduction plans, state its reason for disapproval, and recommend 

specific amendments to the proposed standby emission reduction plans. The revised plans shall be resubmitted within a time 

period specified by the Department. 

F. Any person aggrieved by an order requiring the preparation of a revised plan shall be entitled to a hearing, upon written 

request filed within 10 days after the receipt of the order. When a hearing is requested by the aggrieved, it shall be held pursuant 

to Environment Article, §2-605, Annotated Code of Maryland. 

G. If any person fails to submit a standby emission reduction plan within the time period specified, or if, in the opinion of the 

Department, a submitted plan does not carry out the objectives set forth in Tables I, II, and III, the Department shall promulgate 

such standby emission reduction as will meet the objectives set forth in Tables I, II, and III. The plan shall thereafter be the 

standby emission reduction plan which the person responsible shall put into effect upon the declaration by the Secretary or the

Governor of an air pollution Alert, Warning, or Emergency. 

.05 Control Requirements and Standby Orders. 

The following are standby orders which are hereby established according to specific action stages of the Air Pollution Episode 

System which may be deemed appropriate for use by the Secretary or the Governor upon the declaration that the specified stage 

has been reached. When announced by the Secretary or the Governor, through public communications media or otherwise, that 

the specified stage of the Air Pollution Episode System exists, the following respective actions shall be taken when requested in 

the geographical areas included in the episode announcement: 

A. Standby Watch Stage and Health Advisory Stage. Specified open burning and all public insecticide and herbicide spraying 

shall cease, if so requested by the cognizant local government control officer in public announcements or otherwise. 

B. Alert Stage. 

(1) Open burning or public pesticide or herbicide spraying may not be carried on. 

(2) All on-site incineration shall be eliminated. 

(3) Any person responsible for a source of air pollution as set forth in Table I in Regulation .06 shall take all Alert Stage 

actions as required for the source of air pollution, and shall particularly put into effect the standby emission reduction plan for an 

Alert Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution Warning. 

C. Warning Stage. 

(1) Open burning or public pesticide or herbicide spraying may not be carried on. 

(2) All incineration shall be eliminated. 
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(3) Any person responsible for a source of air pollution as set forth in Table II in Regulation .06 shall take all Warning 

Stage actions as required for the source of air pollution, and shall particularly put into effect the standby emission reduction plan 

for a Warning Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution 

Emergency. 

D. Emergency Stage. 

(1) The Governor shall announce that an air pollution Emergency has been declared and specify appropriate action to be 

taken. Radio and television stations shall be requested to repeat the declaration at least once per hour. 

(2) Open burning or public pesticide or herbicide spraying may not be carried on. 

(3) All incineration shall be eliminated. 

(4) Any person responsible for the operation of a source of air pollution as set forth in Table III in Regulation .06 shall take 

all Emergency Stage actions as specified for the source of air pollution, and shall particularly put into effect the standby emission 

reduction plans for an air pollution Emergency stage. 

(5) All manufacturing establishments except those included in §D(4) of this regulation shall institute action that will 

eliminate or result in maximum reduction of emissions from their operations by ceasing, curtailing, or postponing operations 

which cause emissions, to the extent possible without causing injury to persons or damage to equipment. 

(6) All places of business, employment, and education described below shall immediately cease operations, unless special 

permission is obtained from a police officer or a governmental public health agency: 

(a) Mining and quarrying of nonmetallic materials; 

(b) All contract construction work except that which must proceed to avoid physical harm, hazardous conditions, or 

excessive economic loss; 

(c) Wholesale trade establishments, that is, places of business primarily engaged in selling merchandise to retailers, to 

industrial, commercial, institutional, or professional users, or to other wholesalers, or agents in buying merchandise for or selling 

merchandise to those persons or companies; 

(d) All offices of federal, local, county, and State government, except to the extent that the offices must continue to 

operate in order to carry out the requirements of this plan, and those offices which provide essential services for maintenance of 

public health and safety; 

(e) All retail trade establishments except pharmacies and stores primarily engaged in the sale of foods; 

(f) Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services, offices 

or insurance carriers, agents, and brokers, real estate offices; 

(g) Wholesale and retail laundries, laundry services and cleaning and drying establishments, photographic studios, beauty 

shops, barber shops, and shoe repair shops; 

(h) Advertising offices, consumer credit reporting, adjustment and collection agencies, duplicating, addressing, 

blueprinting, photocopying, mailing list, and stenographic services, equipment rental services, garages; 

(i) All wholesale and retail handling of gasoline; 

(j) Establishments rendering amusement and recreation services including motion picture theaters; 

(k) Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, 

public and private libraries; 

(l) Others deemed necessary to protect the public health and welfare and as announced by the Governor. 

(7) All aircraft shall be grounded with the exception of emergency flights. 

(8) A person may not use a motor vehicle, with the exception of emergency and governmental vehicles. Persons will be 

allowed to return to their residences from work or locations other than their residences and to make other trips essential to protect 

health and safety. 
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(9) Rail, bus, and ship travel and all other forms of transportation shall be regulated and halted, where possible, and 

appropriate times for curtailing or ceasing operations allowed. 

(10) Sources of pollution involved in military training, smoke school training, fire department training, rocket fuel testing, 

etc. shall be stopped. 

(11) Every person shall do such acts or refrain from such acts as shall be specified in the Governor's declaration that an air 

pollution Emergency exists and as shall be specified in other announcements made or authorized by the Governor. 

.06 Tables. 

A. Table I 

EMISSION REDUCTION OBJECTIVES FOR THE ALERT STAGE* 

Source of Emissions Alert Stage Actions 

 (1) Coal or oil-fired electrical power generating facilities (a) Substantial reduction of emissions by utilizing fuels 

having low ash and sulfur content (use gaseous fuels 

where possible) 

(b) Substantial reduction of emissions by diverting loads 

to electric power generating facilities outside of Alert 

area 

 (2) Coal or oil-fired steam producing facilities having a capacity to 

burn in excess of 4 tons (3630 kilograms) of coal per hour or 600 

gallons (2.34 cubic meters) of fuel oil per hour 

(a) Substantial reduction of emissions by utilization of 

fuels having low ash and sulfur content (use gaseous 

fuels where possible) 

(b) Substantial reduction of steam load demands 

consistent with continuing plant operations 

 (3) Manufacturing industries of the following classification which 

employ 

more than 20 employees at any one location: 

 Standard Industrial Classification, Major Groups 

 26 Paper and allied products industry 

 28 Chemical and allied products industry 

 29 Petroleum refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Substantial reduction of emissions from 

manufacturing operations by curtailing, postponing, or 

deferring production and allied operations 

(b) Substantial reduction of emissions by deferring byproduct or trade waste disposal processes which emit air 

pollution 

(c) Substantial reduction of heat load demands 

 (4) On-site incineration Stop all incineration except that resulting from public 

collection of refuse 

 (5) Any source of air pollutants, not covered above, upon written 

request of 

the Department may be required to submit standby plans describing 

emission cutbacks to be taken if an Alert is called 

All possible substantial reductions consistent with 

requirements for safety of people and preservation of 

property 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions, and will 

be instituted only when the Alert stage is called for these pollutants, unless otherwise specified in a specific emission reduction plan. emission reduction plan. 

B. Table II 

EMISSION REDUCTION OBJECTIVES FOR THE WARNING STAGE* 

Source of Emissions Warning Stage Actions 

 (1) Coal or oil-fired electrical power generating facilities (a) Maximum reduction of emissions to provide essential 

power needs by utilization of fuels having lowest ash and 

sulfur content (use gaseous fuels where possible) 

(b) Maximum reduction of emissions by diverting electric 

power generation to facilities outside of Warning area 
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Source of Emissions Warning Stage Actions 

 (2) Coal or oil-fired steam producing facilities having a capacity 

to burn in excess of 4 tons (3630 kilograms) of coal per hour or 

600 gallons (2.34 cubic meters) of fuel oil per hour 

(a) Substantial reduction of emissions by utilization of fuels 

having low ash and sulfur content (use gaseous fuels where 

possible) 

(b) Substantial reduction of steam load demands consistent 

with continuing plant operations 

 (3) Manufacturing industries of the following classification 

which employ more than 20 employees at any one location: 

 Standard Industrial Classification, Major Groups 

 26 Paper and allied products industry 

 28 Chemical and allied products industry 

 29 Petroleum refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Maximum reduction of emissions by utilization fuels 

having the lowest available ash and sulfur content (use 

gaseous fuels where possible) 

(b) Maximum reduction of heat and steam demands to 

absolute necessities consistent with preventing equipment 

damage 

(c) Make ready for emergency action if Emergency stage 

declared 

 (4) Refuse incinerators Complete elimination of the use of all incinerators 

 (5) Any source of air pollutants, not covered above, upon 

written request of the Department may be required to submit 

standby plans describing emission cutbacks to be taken if an 

Alert is called 

Maximum reduction possible consistent with requirements 

for safety of people and preservation of property 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions, and will 

be instituted only when the Warning stage is called for these pollutants, unless otherwise specified in a specific emissions reduction plan. 

C. Table III 

EMISSION REDUCTION OBJECTIVES FOR THE EMERGENCY STAGE* 

Source of Emissions Emergency Stage Actions 

 (1) Coal or oil-fired electric power generating facilities (a) Maximum reduction of emissions to provide essential power 

needs by utilization of fuels having lowest ash and sulfur content (use 

gaseous fuels where possible) 

(b) Maximum reduction of emissions by diverting electric power 

generation to facilities outside of Emergency area 

 (2) Coal or oil-fired steam producing facilities having a 

capacity to burn in excess 4 tons (3630 kilograms) of coal 

per hour or 600 gallons (2.34 cubic meters) of fuel oil per 

hour 

(a) Maximum reduction of heat and steam demands to absolute 

necessities consistent with preventing equipment damage 

(b) Take actions called for in the Emergency portions of the standby 

emission reduction plan 

 (3) Manufacturing industries of the following 

classification which employ more than 20 employees at 

any one location: 

 Standard Industrial Classification, Major Groups 

 26 Paper and allied products industry 

 28 Chemical and allied products industry 

 29 Petroleum refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Elimination of emissions from manufacturing operations by 

ceasing, curtailing, postponing, or deferring production and allied 

operations to the extent possible without causing injury to persons or 

damage to equipment 

(b) Elimination of emissions from by-product or trade waste disposal 

processes which emit air pollution 

c) Maximum reduction of heat load demand 

 (4) Refuse incinerators Complete elimination of the use of all incinerators 

 (5) All standby emission reduction plans required by the 

Department and not already in effect or described above, 

shall be implemented 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions and will 

be instituted only when the Emergency stage is called for these pollutants, unless otherwise specified in a specific emissions reduction plan. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

Tables codified as Regulation .06 

—————— 

Chapter recodified from COMAR 10.18.05 to COMAR 26.11.05 

Regulation .01 amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .02B, C amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03A amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03B amended effective March 21, 1989 (16:3 Md. R. 347); June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03D amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .05 amended effective June 18, 1990 (17:9 Md. R. 1092) 
26.11.06 Page 1 

Effective as of July 02, 2013 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 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 

.01 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Installation", for the purpose of Regulation .06 of this chapter, means an installation as defined in COMAR 26.11.01.01 

that can operate independently and that causes VOC emissions to the atmosphere. If equipment at a premises does not operate 

independently but operates as part of a process line, the process line is considered to be the installation. 

(2) "Process line" means a combination of equipment that operates as a unit to perform a specific function, which either 

generates VOC or to which VOC is added, and which discharges VOC to the atmosphere through one or more discharge points. 

.02 Visible Emissions. 

A. General Exceptions. 

(1) The visible emission standards set forth in §C of this regulation, do not apply to emissions from the installations or 

sources listed below: 

(a) The burning of wood in fireplaces; 

(b) Open fires (except salamanders) permitted under provisions of COMAR 26.11.07.03, .04, and .05; 

(c) Fugitive emissions from iron and steel production installations in compliance with COMAR 26.11.10.03B; 

(d) Fugitive emissions from metallurgical, slot-type, byproduct coke ovens in compliance with COMAR 26.11.10.03C; 

(e) Emissions from grain drying and grain-handling installations in compliance with COMAR 26.11.18.03; 

(f) Fugitive emissions from skull cracker oxygen lancing in compliance with COMAR 26.11.10.04C; 

(g) Fugitive emissions from batch-type hot-dip galvanizing installations in compliance with COMAR 26.11.12.04; 

(h) Confined emissions from glass melting furnaces and fugitive emissions from forming and post-forming equipment in 

compliance with COMAR 26.11.25.03; 

(i) Emissions from food preparation installations subject to COMAR 26.11.18.06; 

(j) Emissions at a federal facility or other facility under contract with a federal facility that result from testing, training, or 

demonstrations of explosives, obscurant materials, propellants, or other incendiary devices; or 

(k) Sources in compliance with Regulation .03C and D of this chapter. 

(2) The visible emissions standards in §C of this regulation do not apply to emissions during start-up and process 

modifications or adjustments, or occasional cleaning of control equipment, if: 

(a) The visible emissions are not greater than 40 percent opacity; and 

(b) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period. 

B. Case-by-Case Exception to Visible Emissions Standards. 

(1) Except as provided in §B(5) of this regulation, a person who owns or operates an existing installation subject to a visible

emissions standard in §C of this regulation may request an exception. The request shall be submitted to the Department in writing 

and shall include the following: 

(a) A description of the installation and all associated air pollution control devices; 

(b) Process information, including operating parameters and the substances that cause or the substances that are 

suspected of causing the visible emissions; 
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Effective as of July 02, 2013 

(c) A demonstration, based on stack tests, a material balance, or other method of equivalent certainty that all other 

applicable regulations are met when the visible emissions occur; 

(d) An analysis of any methods that may be available to reduce the visible emissions, the cost effectiveness of the 

methods, and the economic burden that would result from the use of these methods; and 

(e) Any other information requested by the Department and relating to its determination to grant or deny an exception. 

(2) The application for an exception to a visible emissions standard will be processed as follows: 

(a) Within 10 working days, the Department will acknowledge receipt of an application for an exception to a visible 

emissions standard. 

(b) Within 60 days after receipt of a completed application, the Department shall notify the applicant of its intent to 

proceed with the application or deny the request. The Department will make a determination to proceed if the conditions in 

§B(2)(c)(i)—(iii) and (d) of this regulation are met. 

(c) Conditions. 

(i) The applicant has provided an adequate demonstration that the installation for which a visible emissions exception 

is requested meets all other applicable air pollution control requirements within this subtitle when the visible emissions occur. 

(ii) The applicant has demonstrated to the satisfaction of the Department that complying with the applicable visible 

emission standard would cause an unreasonable economic burden. 

(iii) The applicant has demonstrated to the satisfaction of the Department that the applicant has sufficient control of 

the installation to be capable of meeting an alternative visible emission limit established by the Department. 

(d) Test Methods. A person shall demonstrate compliance with all other applicable regulations, as required by §B(1)(c) 

of this regulation, through the use of: 

(i) Applicable federally approved test methods in the Department's TM 91-01 "Test Methods and Equipment 

Specifications for Stationary Sources", which is incorporated by reference in COMAR 26.11.01.04C; or 

(ii) Other compliance methods required under this subtitle that are federally enforceable. 

(e) Test Methods for Visible Emissions. Compliance with any visible emissions or opacity standard in this subtitle, 

including any alternative opacity standard established pursuant to this section, shall be determined using applicable federally

approved test methods in the Department's TM 91-01 "Test Methods and Equipment Specification for Stationary Sources", which 

is incorporated by reference in COMAR 26.11.01.04C, or any other applicable federally approved test method. 

(3) Opportunity for Public Comment. 

(a) Within 10 days after notification by the Department of a determination to proceed, the applicant shall notify the 

public, by local notice and by prominent advertisement in at least one newspaper of general circulation in the region where the

applicant's source is located, of the opportunity to comment on the application. 

(b) The advertisement shall be made at the applicant's expense and in a format approved by the Department, and shall 

include a summary of all the information in the application that was considered by the Department. 

(4) Final Action on a Request for an Application. 

(a) The Department will make a final determination on the application after considering any public comments. 

(b) If an exception is granted, the Department will issue an order which establishes an alternative opacity standard 

applicable to the installation receiving the exception. The order may also include any conditions or requirements determined by

the Department to be necessary to insure continuous compliance with the alternative standard. 

(c) Exceptions may not be granted for a period of more than 5 years and may be renewed. In requesting a renewal of a 

visible emissions exception, the applicant shall submit an application and satisfy all the requirements in this regulation that relate 

to an initial exception request, including the opportunity for public comment required in §B(3) of this regulation. 

(5) The Department or control officer may bypass the procedure above and may grant exceptions to visible emission 

requirements if the: 
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(a) Application of a visible emission requirement to a residential building housing two or fewer families creates undue 

economic hardship on individuals residing in it; or 

(b) Equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced 

hot air, hot water, or steam. Equipment in this category would include stoves, room heaters, floor or wall-mounted circulating 

heaters, or similar devices. 

C. Visible Emission Standards. 

(1) In Areas I, II, V, and VI a person may not cause or permit the discharge of emissions from any installation or building, 

other than water in an uncombined form, which is greater than 20 percent opacity. 

(2) In Areas III and IV a person may not cause or permit the discharge of emissions from any installation or building, other 

than water in an uncombined form, which is visible to human observers. 

.03 Particulate Matter. 

A. Calculations. All calculations of particulate matter emissions shall be made in terms of grains per standard cubic foot 

(milligrams per standard cubic meter) of dry exhaust gas (gr/SCFD) (mg/dscm). 

B. Particulate Matter from Confined Sources. 

(1) Areas I, II, V and VI. 

(a) Installations Constructed On or After January 17, 1972. A person may not cause or permit particulate matter to be 

discharged from any installation constructed on or after January 17, 1972 in excess of 0.05 gr/SCFD (115 mg/dscm). 

(b) Installations Constructed Before January 17, 1972. 

(i) A person may not cause or permit particulate matter to be discharged from any installation constructed before 

January 17, 1972 in excess of the values determined from Table 1. When the process weight per hour falls between two values in 

the table, the maximum weight discharged per hour shall be determined by linear interpolation. When the process weight exceeds 

60,000 pounds (27,200 kilograms) per hour, the maximum allowable weight discharged per hour will be determined by use of the 

following equation: 

E = 55.0 P0.11—40 E = 11.79 P0.11—18.14 

E = Maximum weight discharged

per hour (lbs) 

E = maximum weight discharged 

per hour (kg) 

P = process weight in tons 

per hour 

P = process weight in kilograms 

per hour 

 (ii) For those processes in which the process weight per hour exceeds 60,000 pounds (27,200 kilograms), the 

maximum allowable weight of particulate matter discharged per hour may exceed that calculated by the above equation provided 

that the concentration of particulate matter in the gases discharged to the atmosphere is less than 0.05 gr/SCFD (115 mg/dscm).

(c) Exception. For any premises for which the Department determines that compliance with §B(1)(a) will cause or 

exacerbate a violation of the National Ambient Air Quality Standards or Federal Prevention of Significant Deterioration 

increments, the applicable emission standard is 0.03 gr/SCFD (68.7 mg/dscm). 

(2) Areas III and IV. 

(a) A person may not cause or permit to be discharged into the outdoor atmosphere from any other installation, 

particulate matter in excess of 0.03 gr/SCFD (68.7 mg/dscm). 

(b) Exceptions. Section B(2)(a) does not apply to the following: 

(i) Iron and steel production installations; 

(ii) Glass melting furnaces in compliance with COMAR 26.11.25. 

C. Particulate Matter from Unconfined Sources. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

(1) A person may not cause or permit emissions from an unconfined source without taking reasonable precautions to 

prevent particulate matter from becoming airborne. These reasonable precautions shall include, when appropriate as determined 

by the Department, the installation and use of hoods, fans, and dust collectors to enclose, capture, and vent emissions. In making 

this determination, the Department shall consider technological feasibility, practicality, economic impact, and the environmental 

consequences of the decision. 

(2) Exceptions. The following are exempt from the provisions of §C(1): 

(a) Iron and steel production installations which are subject to COMAR 26.11.10.04B and C; 

(b) Grain drying and grain handling installations; 

(c) Batch-type hot-dip galvanizing installations which are subject to COMAR 26.11.12. 

D. Particulate Matter from Materials Handling and Construction. A person may not cause or permit any material to be 

handled, transported, or stored, or a building, its appurtenances, or a road to be used, constructed, altered, repaired, or demolished 

without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall 

include, but not be limited to, the following when appropriate as determined by the control officer: 

(1) Use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction 

operations, the grading of roads, or the clearing of land. 

(2) Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stockpiles, and other surfaces which can

create airborne dusts. 

(3) Installation and use of hoods, fans, and dust collectors to enclose and vent the handling of dusty materials. Adequate 

containment methods shall be employed during sandblasting of buildings or other similar operations. 

(4) Covering, at all times when in motion, open-bodied vehicles transporting materials likely to create air pollution. 

Alternate means may be employed to achieve the same results as would covering the vehicles. 

(5) The paving of roadways and their maintenance in clean condition. 

(6) The prompt removal from paved streets of earth or other material which has been transported there by trucks or earth 

moving equipment or erosion by water. 

.04 Carbon Monoxide in Areas III and IV. 

A. Applicability and Exceptions. 

(1) This regulation is applicable only in Areas III and IV. 

(2) This regulation applies to any person who owns or operates any installation that discharges carbon monoxide gas at a 

rate exceeding 500 pounds (227 kilograms) per day and at a concentration exceeding 12 percent by volume. 

(3) This regulation does not apply to any person who owns or operates: 

(a) Coking process equipment used directly in the manufacture of metallurgical coke by the pyrolysis of coal in the 

absence of air; 

(b) Process equipment subject to COMAR 26.11.11.04B; or 

(c) Installations subject to COMAR 26.11.10.06. 

(4) A person is exempt from the requirements of this regulation if he demonstrates to the satisfaction of the Department that 

the: 

(a) Gas mixture containing the carbon monoxide will not support combustion due to the presence of noncombustible 

gases; and 

(b) Carbon monoxide emissions will not cause or contribute to a violation of the National Ambient Air Quality Standard 

or Prevention of Significant Deterioration requirement for carbon monoxide. 

B. General Requirements. 

(1) A person may not cause or permit the discharge of carbon monoxide gas into the atmosphere from any installation 

unless it is burned in a direct flame afterburner with excess oxygen for at least 0.3 second at a temperature of at least 1,300°F. 
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(2) The direct flame afterburner shall be equipped with a properly functioning recording pyrometer located and positioned 

in the work area so that it is readily visible to the operator of the installation. 

.05 Sulfur Compounds from Other than Fuel-Burning Equipment. 

A. General Conditions. All calculations of emissions governed by this regulation shall be adjusted to standard conditions and 7

percent oxygen. "PPM" means parts per million by volume. 

B. Areas I, II, V and VI. 

(1) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing more than 500 ppm of sulfur dioxide. Installations constructed before January 17, 1972, are limited 

to not more than 2,000 ppm sulfur dioxide. 

(2) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing sulfuric acid, sulfur trioxide, or any combination of them greater than 35 milligrams per cubic 

meter reported as sulfuric acid. Any installation constructed before January 17, 1972, is limited to not more than 70 milligrams 

per cubic meter of sulfuric acid, sulfur trioxide, or any combination of them, reported as sulfuric acid. 

C. Areas III and IV. 

(1) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing more than 500 ppm of sulfur dioxide. Installations constructed before February 21, 1971, are 

limited to not more than 2,000 ppm sulfur dioxide. 

(2) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing sulfuric acid, sulfur trioxide, or any combination of them, greater than 35 milligrams per cubic 

meter reported as sulfuric acid. Any installation constructed before February 21, 1971, is limited to not more than 70 milligrams 

per cubic meter of sulfuric acid, sulfur trioxide, or any combination of them, reported as sulfuric acid. 

D. Exceptions. The Secretary may authorize the operation of a scavenger or recovery plant to reclaim sulfur compounds which 

would otherwise be emitted into the air, provided the operation of the scavenger or recovery plant would reduce total emissions of 

sulfur compounds at least 95 percent with the plant in operation, compared to emissions when the plant is not operating. This 

authorization may result in emissions of sulfur compounds whose concentrations exceed those permitted by §§B and C of this 

regulation. This section does not apply to sulfuric acid manufacturing operations. 

.06 Volatile Organic Compounds. 

A. Applicability. 

(1) The provisions of this regulation do not apply to the following: 

(a) Tar heaters; 

(b) Coke ovens; 

(c) Operations subject to the provisions of COMAR 26.11.08, 26.11.09, 26.11.11, 26.11.13, and 26.11.19.02G; 

(d) Installations or sources that are subject to COMAR 26.11.19, beginning with Regulation .03; and 

(e) Installations subject to an emissions limitation which specifies the lowest achievable emission rate for VOC under 

COMAR 26.11.17.03B(2). 

(2) The requirements of §B of this regulation apply to any person that discharges or causes to be discharged VOC with a 

vapor pressure greater than 0.002 pound per square inch (0.013 kilonewton/square meter) absolute. 

B. Control of VOC from Installations. 

(1) The following requirements apply in Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, Howard, 

Montgomery, and Prince George's counties: 

(a) Installations Constructed Before May 12, 1972. A person may not cause or permit the discharge of VOC from any 

installation constructed before May 12, 1972 in excess of 200 pounds (90.7 kilograms) per day unless the discharge is reduced by 

85 percent or more overall. 
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(b) Installations Constructed On or After May 12, 1972. Except as provided in §E of this regulation, a person may not 

cause or permit the discharge of VOC from any installation constructed on or after May 12, 1972, in excess of 20 pounds (9.07 

kilograms) per day unless the discharge is reduced by 85 percent or more overall. 

(2) The following requirements apply in Calvert, Cecil, Charles, and Frederick counties: 

(a) Installations Constructed Before November 15, 1992. A person may not cause or permit the discharge of VOCs from 

any installation constructed before November 15, 1992 in excess of 200 pounds (90.7 kilograms) per day unless the discharge is 

reduced by 85 percent or more overall. 

(b) A person who owns or operates an existing installation that is not in compliance with §B(2)(a) of this regulation shall 

submit a plan for compliance for approval by the Department. The plan for compliance shall be submitted not later than April 15, 

1993 and include an expeditious schedule of compliance so that compliance is achieved not later than May 15, 1995. 

(c) Installations Constructed On or After November 15, 1992. Except as provided in §E of this regulation, a person may 

not cause or permit the discharge of VOC from any installation constructed on or after November 15, 1992 in excess of 20 pounds

(9.07 kilograms) per day unless the discharge is reduced by 85 percent or more overall. 

(3) Compliance with §B(1) and (2) of this regulation may be achieved by the following: 

(a) Use of an air pollution control system that is demonstrated to achieve 85 percent overall control, using approved test 

methods as referenced in COMAR 26.11.19; 

(b) Use of waterborne materials that have a total VOC content of less than 25 percent by volume as applied; or 

(c) Other operating or production limitations or process modifications that maintain emissions below the applicable limits 

established in §B(1) and (2) of this regulation. 

C. VOC-Water Separators. A person may not cause or permit the discharge of VOC from single or multiple compartment 

VOC-water separators that receive effluent water containing 200 gallons (757 liters) of VOC or more per day with a true vapor 

pressure of 1.5 psi (10 kilonewtons/square meter) or greater unless one or more of the following vapor control devices are 

properly installed and operated: 

(1) A floating roof resting on the surface of the liquid equipped with a closure seal, or seals, to close the space between the

roof edge and tank wall. All tank gauging and sampling devices shall be gas tight except when in use. 

(2) A vapor recovery system capable of collecting the VOC emitted from the tank and disposing of the VOC so as to 

prevent discharge to the atmosphere. All tank gauging and sampling devices shall be gas tight except when in use. 

(3) Other equally effective devices as approved by the Department. 

D. VOC Disposal. 

(1) Applicability and Exemptions. 

(a) This section applies to any person that disposes of or treats waste containing VOC in the outside atmosphere in a 

manner that may cause evaporation of greater than 20 pounds per day. 

(b) This section does not apply to: 

(i) The operation of a municipal waste water treatment plant; and 

(ii) The disposal of waste in a landfill in accordance with the requirements established by the Waste Management 

Administration. 

(2) General Requirements. A person may not treat or dispose of waste containing VOC in a manner that results in 

evaporation of greater than 20 pounds per day VOC to the atmosphere. 

E. Exceptions. 

(1) A person who proposes to construct an installation that is not subject to NSR Source requirements in COMAR 26.11.17 

and who is unable to comply with the requirements of §B(2) of this regulation, may request an exception from the Department. 

(2) A person may request an exception under this section by submitting an application to the Department in writing. A 

completed application for an exception shall include the following: 

(a) A detailed description of the proposed installation and any associated air pollution control devices; 
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(b) A description of the intended use of the installation, its maximum rated capacity, and the capacity for which a permit 

is requested, if different from the maximum rated capacity; 

(c) A description of VOC emission points and an estimate of the VOC emissions from each emission point, along with 

calculations and supporting data; 

(d) A description of the air pollution control methods or equipment that may be available to achieve compliance with 

§B(2) of this regulation, the cost of the equipment or control methods, and information showing why the control methods are not

reasonable for this installation; 

(e) A description of the operating procedures, production rate controls, or other methods that shall be used to meet an 

alternative VOC emission standard if an exception is granted; and 

(f) Other information that is requested by the Department and that relates to the Department's determination to grant or 

deny an exception to the requirements of §B(2) of this regulation. 

(3) The Department may grant an exception to §B(2) of this regulation if it determines that: 

(a) Control methods, if any, necessary to meet the requirements of §B(2) are not reasonable for the installation; 

(b) The applicant has the ability to operate and maintain the equipment and has the production controls necessary to meet 

the alternative VOC emission standard established by the Department instead of the requirements of §B(2); and 

(c) Emissions from the installation will not interfere with reasonable further progress as defined in Regulation .11A(2) of 

this regulation if the exception is granted. 

(4) Procedures to be Used to Process an Application for an Exception and to Establish an Alternative Emission Standard. 

(a) The Department will acknowledge receipt of an application for an exception within 10 working days after receiving 

the application. 

(b) Not later than 90 days after receiving a completed application for an exception, the Department will complete its 

review and either: 

(i) Deny the request for an exception because it does not meet the requirements of §E(3) of this regulation; or 

(ii) Make a determination to proceed with the exception and establish an alternative VOC emission standard in 

accordance with the procedures in §E(4)(c)—(h) of this regulation. 

(c) A determination to proceed with the exception will be proposed as a departmental order and permit to construct 

setting forth the alternative VOC emission standard, including any conditions determined by the Department to be necessary. 

(d) An applicant who is aggrieved by the Department's determination may request a contested case hearing before the 

Department. Any hearing under this paragraph will be held in accordance with the State Administrative Procedure Act. 

(e) If the applicant does not request reconsideration of the Department's determination to proceed with an exception, the 

Department will schedule a public hearing on the exception. The applicant shall publish a prominent advertisement in at least one 

newspaper of general circulation in the area concerned notifying the public of the hearing. The notice shall be made at the 

applicant's expense and in a form stipulated by the Department. 

(f) The notice shall be placed not later than 10 days after the Department makes its determination to proceed with the 

exception and at least 30 days before the scheduled hearing. 

(g) The hearing required by §E(4)(e) of this regulation satisfies the requirement for an opportunity for public comment or 

hearing on the permit to construct application under COMAR 26.11.02.09—.14. 

(h) If no information is presented at the hearing that would affect the issuance of the exception, and if the Department has 

no other basis for denying the exception, the Order and the permit will be issued not later than 10 days after the conclusion of the 

hearing. 

(5) The Department shall submit an exception to the U.S. Environmental Protection Agency for approval as a revision to the 

State Implementation Plan. 

.07 Control of Sources of Fluoride Emissions. 

A. Definitions. 
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(1) "Anode bake plant" means a facility which produces carbon anodes for use in a primary aluminum production plant. 

(2) "Potline" means a building or buildings which contain potrooms with electrolytic cells electrically in series. 

(3) "Potroom" means a group of electrolytic cells in which aluminum is produced. 

(4) "Primary aluminum production plant" means a facility manufacturing aluminum by electrolytic reduction. 

(5) "Total fluoride" means elemental fluorine and all fluoride compounds measured by the Department's procedures 

referenced in this regulation. 

B. Control of Sources of Fluoride Emissions. 

(1) General Requirements. 

(a) A person may not cause or permit the discharge of fluorides into the atmosphere that causes a violation of any 

applicable ambient air quality standards for fluorides set forth in COMAR 26.11.04. 

(b) The Department, after written notice to a person discharging fluorides to the atmosphere, may require the person to 

conduct a surveillance program to determine whether ambient air quality standards for fluorides are violated. The manner, scope, 

and duration of the surveillance program will be determined by the Department. 

(c) The procedures for measuring total fluorides shall be Method 1010 of the Department's Technical Memorandum 91-

01, "Test Methods and Equipment Specifications for Stationary Sources" (January 1991), which is incorporated by reference in 

COMAR 26.11.01.04C. 

(2) Emission Standards for Primary Aluminum Production Plants. A person may not cause or permit the operation of any 

primary aluminum production plant unless the plant is equipped with a control system to achieve the following emission 

standards: 

(a) Potline Emissions. The amount of total fluorides discharged from all potlines may not exceed a quarterly average of 

2.5 pounds per ton of aluminum produced as determined by the procedures in §C of this regulation. 

(b) Anode Bake Plant Emissions. The amount of total fluorides discharged from an anode bake plant may not exceed a 

quarterly average of 0.1 pound per ton of aluminum produced as determined by the procedures in §C of this regulation. 

C. Testing and Determination of Compliance. 

(1) Testing Requirements. 

(a) All testing shall be conducted in accordance with the procedures established in COMAR 26.11.01.04C. 

(b) Potline dry scrubber control systems shall be tested at a frequency of at least one stack per dry scrubber per month. 

Each stack on a dry scrubber control system shall be tested at least once within any 6-month period. 

(c) Emissions from the potroom roof monitors shall be tested at a frequency of at least two emission points per potroom 

per month. The emission points to be tested within each potroom shall be alternated each quarter until all emission points are 

tested and then the procedure repeated. 

(d) The anode bake oven control system stack shall be tested once per quarter. 

(2) Determination of Compliance for Primary Aluminum Production Plants. Compliance with the requirements of §B(2)(a) 

of this regulation shall be determined as follows: 

 d(af + bs) 

 TF= ---------- where: 

 C 

(a) TF = total plant potline emissions of total fluoride in pounds of fluorides per ton of aluminum produced per quarter; 

(b) d = number of days of operation per quarter; 

(c) a = the average of the dry scrubber emission rates for all potlines in pounds/day as determined using Method 14 of 

Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

(d) f = the average number of dry scrubbers in use for all potlines during the quarter; 
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(e) b = the average rate of emissions of the roof monitor emission points for all potlines in use during the quarter in 

pounds/day as determined using Method 14 of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods 

and Equipment Specifications for Stationary Sources" (January 1991), which is incorporated by reference in COMAR 

26.11.01.04C; 

(f) s = the average number of roof monitor emission points in use for all potlines during the quarter; 

(g) C = the total tons of aluminum produced by all potlines during the quarter. 

D. Maintenance of Records. 

(1) The owner or operator of a primary aluminum production plant shall submit to the Department within 60 days following 

the effective date of this regulation a procedure describing the method of determining aluminum production. 

(2) All data pertaining to the surveillance program required by §B(1) of this regulation shall be submitted to the Department 

in a manner and schedule approved by the Department. Stack testing data for total fluorides as required by §C(1) of this 

regulation shall be maintained and made available to the Department upon request. 

.08 Nuisance. 

An installation or premises may not be operated or maintained in such a manner that a nuisance or air pollution is created. 

Nothing in this regulation relating to the control of emissions may in any manner be construed as authorizing or permitting the

creation of, or maintenance of, nuisance or air pollution. 

.09 Odors. 

A person may not cause or permit the discharge into the atmosphere of gases, vapors, or odors beyond the property line in such 

a manner that a nuisance or air pollution is created. 

.10 Refuse Burning Prohibited in Certain Installations. 

A person may not burn refuse in any plant, installation, or equipment not specifically designed, constructed, or modified for 

that purpose. 

.11 Repealed. 

.12 Control of NSPS Sources. 

A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a New Source Performance 

Standard (NSPS) source as defined in COMAR 26.11.01.01B(23), which results or will result in violation of the provisions of 40 

CFR 60, as amended. 

.13 Repealed. 

.14 Control of PSD Sources. 

A. Definition. 

(1) In the following provisions, "Administrator" has the meaning set forth in §A(2) of this regulation: 

(a) 40 CFR §52.21(b)(3)(iii)(a), (17), (37)(i) and (iii), (43), (48)(ii), (50)(i), (51); 

(b) 40 CFR §52.21(g)(1),(2),(4),(5),and (6); 

(c) 40 CFR §52.21(i)(1)(x); 

(d) 40 CFR §52.21(l)(2); 

(e) 40 CFR §52.21(o)(3); 

(f) 40 CFR §52.21(p)(1) and (2); 

(g) 40 CFR §52.21(s); 

(h) 40 CFR §52.21(t); and 

(i) 40 CFR §52.21(u)(1)(3) and (4). 

(2) Term Defined. "Administrator" means the Administrator of the United States Environmental Protection Agency. 

B. General Requirements. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

(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 amended. 

(2) The reviewing authority is the Department instead of the Administrator unless otherwise specified in 40 CFR §52.1116, 

and the applicable procedures are those set forth in COMAR 26.11.02. 

.15 Nitrogen Oxides from Nitric Acid Plants. 

A person may not cause or permit the discharge into the atmosphere from any nitric acid plant, nitrogen oxides in excess of 3 

pounds per ton (1.50 kilograms per 1000 kilograms) of acid (100 percent basis) produced. 

.16 Tables. 

Table 1 

Maximum Allowable Weight of Particulate Matter 

Discharged Per Hour

Process 

Wt/hr 

(lbs) 

Maximum

Weight

Disch/hr

(lbs) 

Process

Wt/hr

(lbs)

Maximum

Weight

Disch/hr

(lbs) 

Process

Wt/hr

(lbs)

Maximum

Weight

Disch/hr

(lbs) 

50 or less 0.24 1900 4.03 4700 6.45 

100 0.46 2000 4.14 4800 6.52 

150 0.66 2100 4.24 4900 6.60 

200 0.85 2200 4.34 5000 6.67 

250 1.03 2300 4.44 5500 7.03 

300 1.20 2400 4.55 6000 7.37 

350 1.35 2500 4.64 6500 7.71 

400 1.50 2600 4.74 7000 8.05 

450 1.63 2700 4.84 7500 8.39 

500 1.77 2800 4.92 8000 8.71 

550 1.89 2900 5.02 8500 9.03 

600 2.01 3000 5.10 9000 9.36 

650 2.12 3100 5.18 9500 9.67 

700 2.24 3200 5.27 10000 10.00 

750 2.34 3300 5.36 11000 10.63 

800 2.43 3400 5.44 12000 11.28 

850 2.53 3500 5.52 13000 11.89 

900 2.62 3600 5.61 14000 12.50 

950 2.72 3700 5.69 15000 13.13 

1000 2.80 3800 5.77 16000 13.74 

1100 2.97 3900 5.85 17000 14.36 

1200 3.12 4000 5.93 18000 14.97 

1300 3.26 4100 6.01 19000 15.58 

1400 3.40 4200 6.08 20000 16.19 

1500 3.54 4300 6.15 30000 22.22 

1600 3.66 4400 6.22 40000 28.30 

1700 3.79 4500 6.30 50000 34.30 

1800 3.91 4600 6.37 60000 * 40.00 

—————— 

Relates to Regulation .03B. 

*Process weight in excess governed by equation presented in 

Regulation .03B(2). 
AIR QUALITY 

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Effective as of July 02, 2013 

Table 1 B 

Maximum Allowable Weight of Particulate Matter

Discharged Per Hour (SI Units)

Process 

Weight 

kg/hr 

Maximum 

Discharge 

Weight(kg/hr)

Process

Weight

(kg/hr)

Maximum

Discharge

Weight 

(kg/hr) 

22.7 or less .11 1500 2.43 

25.0 .12 1550 2.47 

50 .23 1600 2.51 

75 .325 1650 2.56 

100 .417 1700 2.60 

125 .505 1750 2.64 

150 .585 1800 2.68 

175 .661 1850 2.72 

200 .728 1900 2.75 

225 .798 1950 2.79 

250 .859 2000 2.82 

275 .918 2050 2.86 

300 .975 2100 2.90 

325 1.03 2150 2.94 

350 1.08 2200 2.97 

375 1.13 2250 3.01 

400 1.17 2500 3.19 

425 1.22 2750 3.36 

450 1.26 3000 3.53 

475 1.32 3250 3.70 

500 1.36 3500 3.87 

550 1.42 3750 4.03 

600 1.49 4000 4.19 

650 1.56 4250 4.35 

700 1.63 4500 4.51 

750 1.69 4750 4.67 

800 1.75 5000 4.83 

850 1.81 5500 5.15 

900 1.87 6000 5.47 

950 1.92 6500 5.76 

1000 1.97 7000 6.08 

1050 2.02 7500 6.38 

1100 2.07 8000 6.69 

1150 2.12 8500 6.99 

1200 2.17 9000 7.30 

1250 2.21 10000 7.90 

1300 2.26 15000 10.9 

1350 2.30 20000 14.0 

1400 2.34 25000 16.9 

1450 2.38 27216

* 18.14 
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Effective as of July 02, 2013 

—————— 

*Larger amounts governed by equation presented in Regulation .03B(2). 

This table relates to Regulation .03B. 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulation .01 amended effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .01B, D amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulation .02 amended effective December 3, 1984 (11:22 Md. R. 1899) 

Regulation .02C amended effective January 5, 1988 (14:24 Md. R. 2555) 

Regulations .02D amended effective October 10, 1981 (8:18 Md. R. 1480); February 10, 1984 (10:26 Md. R. 2341) 

Regulation .03B amended effective October 10, 1981 (8:18 Md. R. 1480); July 2, 1985 (12:11 Md. R. 1049) 

Regulation .03C amended effective October 10, 1981 (8:18 Md. R. 1480 

Regulation .03D amended effective January 5, 1988 (14:24 Md. R. 2555) 

Regulation .04 repealed and new Regulation .04 adopted effective January 5, 1988 (14:24 Md. R. 2555) 

Regulation .06A repealed effective June 8, 1981 (8:9 Md. R. 800) 

Regulation .06 repealed and new Regulation .06 adopted effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .06A amended effective August 19, 1984 (11:14 Md. R. 1250) 

Regulation .06B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .06E adopted effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .07 repealed and new Regulation .07 adopted effective February 10, 1984 (10:26 Md. R. 2341) 

Regulation .07C amended effective July 2, 1985 (12:11 Md. R. 1049) 

Regulation .11D amended effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .12 amended effective June 8, 1981 (8:9 Md. R. 800); August 16, 1983 (10:14 Md. R. 1263); December 3, 1984 (11:22 Md. R. 1899); October 14, 

1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492); January 5, 1988 (14:24 Md. R. 2555) 

Regulation .13 amended effective June 8, 1981 (8:9 Md. R. 800); repealed effective February 25, 1983 (10:1 Md. R. 30) 

Regulation .14 adopted effective July 10, 1981 (8:11 Md. R. 974) 

Regulation .14 amended effective January 5, 1988 (14:24 Md. R. 2555) 

Tables codified as Regulation .16 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.06 to COMAR 26.11.06 

Regulation .01 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .02A amended effective August 11, 1997 (24:16 Md. R. 1160); November 11, 2002 (29:22 Md. R. 1724); November 24, 2003 (30:23 Md. R. 1653) 

Regulation .02B amended effective July 3, 1995 (22:13 Md. R. 969) 

Regulation .02C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .03C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .05A amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .05B, C amended effective September 22, 1997 (24:19 Md. R. 1343) 

Regulation .06A amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726); June 30, 1997 (24:13 Md. R. 932) 

Regulation .06B amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726) 

Regulation .06E amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724); May 8, 1995 (22:9 Md. R. 648) 

Regulation .07B amended effective February 17, 1992 (19:3 Md. R. 306); February 15, 1993 (20:3 Md. R. 260) 

Regulation .07C amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) 

Regulation .11 amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688) 

Regulation .11 repealed effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .12 amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 

1994 (21:12 Md. R. 1064); June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); November 

24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1521); October 8, 2007 (34:20 Md. R. 1741); March 5, 2012 (39:4 Md. R. 339) 

Regulation .14 amended effective March 21, 1989 (16:3 Md. R. 347); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 1994 

(21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 

(28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); June 16, 2008 (35:12 Md. R. 1121); July 16, 2009 (36:14 Md. R. 985)

Regulation .14B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .14B amended effective March 5, 2012 (39:4 Md. R. 339); July 8, 2013 (40:13 Md. R. 1076) 
26.11.07 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 07 Open Fires 

Authority: Environment Article, Title 2, Annotated Code of Maryland 

.01 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Excessive lodging" means a condition of farmland where embedding of the previous crop causes the normal use of 

harvesting, tillage, or planting equipment to be impossible or impracticable. 

(2) "Forest resource management practices" means the technical application of scientific objectives that conserve, protect, 

and enhance the quality, quantity, productivity, and biological diversity of the forest resources of Maryland. 

(3) "Open fire" means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or 

other equipment connected to a stack or chimney. 

(4) "Public collection of refuse" means the service provided by any governmental agency or commercial enterprise for the 

pickup on a regularly scheduled basis of refuse from groups of individual homes, businesses, apartment buildings, or other 

establishments. 

(5) "Safety determinations" means the testing, training, or demonstrations with explosives, propellants, incendiaries, or 

military devices involving an open flame. 

.02 General. 

A person may not cause or permit an open fire except as provided in Regulations .03—.05 of this chapter. 

.03 Control Officer May Authorize Certain Open Fires. 

A. In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and 

Worcester counties: 

(1) Subject to review by the Department, the control officer, upon receipt of an application made on forms provided by the 

Department or local fire control agency, may issue or approve a permit in writing allowing an open fire, provided all of the 

following conditions are met: 

(a) The control officer is satisfied that there is no practical alternate method to dispose of the material to be burned or to 

conduct the desired activities; 

(b) A hazardous condition or air pollution or nuisance will not be created; 

(c) Fire control laws or regulations of other governmental agencies will not be violated; 

(d) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not 

be burned; 

(e) The material to be burned shall have originated on the premises on which it is to be burned; 

(2) The control officer may impose other conditions to minimize creation of smoke, to prevent nuisances and air pollution, 

and to protect the health, safety, comfort, and property of any persons. 

B. In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince 

George's counties and Baltimore City during the period September 1 through May 31 of the following year: 

(1) Subject to review by the Department, the control officer, upon receipt of an application made on forms provided by the 

Department or local fire control agency, may issue or approve a permit in writing allowing an open fire, provided all of the 

following conditions are met: 

(a) The control officer is satisfied that there is no practical alternate method for the disposal of the material to be burned 

or to conduct the desired activity; 

(b) A hazardous condition or air pollution or nuisance will not be created; 
DEPARTMENT OF THE ENVIRONMENT 

26.11.07.04 

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Effective as of November 12, 2010 

(c) In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore 

City, burning may not be done within 500 yards (457 meters) of one or more occupied buildings or heavily travelled public 

roadway; 

(d) Fire control laws or regulations of other governmental agencies will not be violated; 

(e) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not 

be burned, 

(f) All other conditions the control officer may impose to minimize creation of smoke, to prevent nuisances and air 

pollution, and to protect the health, safety, comfort, and property of any persons shall be satisfied; 

(g) The material to be burned shall have originated on the premises on which it is to be burned; 

(2) The following exceptions apply: 

(a) Methods of disposal by burning acceptable to the Department may be approved for use when distance limitations 

cannot be met; 

(b) A permit may be granted for fires set in the course of agricultural operations in growing crops or raising fowl or 

animals or in accepted forestry practice, when distance limitations cannot be met; this provision may not be construed as allowing 

the burning of ordinary household or barnyard trash in areas where provision is made for public collection of refuse. 

C. Prohibition on Open Burning. 

(1) In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince 

George's counties and Baltimore City, open burning is prohibited during the period from June 1 through August 31 of each year, 

beginning June 1, 1995. 

(2) Exceptions. The provisions of §C(1) of this regulation do not apply to: 

(a) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(b) Open fires for recreational purposes such as campfires; 

(c) Fires authorized under Regulation .04 of this chapter. 

.04 Public Officers May Authorize Certain Fires. 

Public officers, in the performance of their official duties, may set an open fire or give permission for an open fire, with 

concurrence of the control officer, if: 

A. All reasonable means are employed to minimize smoke; and 

B. The fire is necessary for one or more of the following reasons or purposes: 

(1) For the prevention of a fire hazard that cannot be abated by other means; 

(2) For the instruction of public fire fighters or industrial employees under supervision of the appropriate fire control 

official; 

(3) For the protection of public health or safety when other means for disposing of hazardous waste materials are not 

available including the burning of hazardous waste authorized under federal law or COMAR 26.13.02.07; 

(4) For burning pest-infested crops or products and agricultural burning that is necessary for animal disease control; 

(5) For good forest resource management practices as approved by the Department of Natural Resources-Forest Service; 

(6) For burning excessive lodging for the purpose of recropping as approved by the Department of Agriculture or local 

extension offices; 

(7) For the purpose of testing fire fighter training systems fueled by natural gas or propane provided that the: 

(a) Source maintains records of the total amount of fuel used and the date of the open fire, 

(b) Total combined fuel usage for all systems at the premises does not exceed 5,000 gallons of propane and natural gas 

combined per week, and 

(c) Open fire does not constitute a major source of VOC or NOx. 
AIR QUALITY 

26.11.07.06 

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Effective as of November 12, 2010 

.05 Open Fires Allowed Without Authorization of Control Officer or Public Officer. 

A. Except as provided in Regulation .03C of this chapter, in Allegany, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, 

Frederick, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worchester counties, open fires, in 

conformance with other governmental fire control ordinances and provided no nuisance or air pollution is created, are allowed 

without permission under Regulation .03 or .04 of this regulation as follows: 

(1) In those areas where no provision is made for public collection of leaves, burning of leaves originating on the premises, 

by householders, is permitted, provided that leaves are not burned at locations closer than 200 feet (61 meters) from any 

neighboring habitable dwelling or place where people work or congregate; 

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash 

originating on the premises, excluding commercial establishments, by householders is permitted provided that: 

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity); and 

(b) Refuse may not be burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or 

place where people work or congregate; 

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(4) Fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry 

practice; this provision may not be construed as allowing the burning of ordinary household or barnyard trash in areas where 

provision is made for public collection of refuse; 

(5) Recreational purposes, such as campfires; 

(6) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming outdoor workers, 

etc., provided no visible emissions are created; 

(7) Warming fires for outdoor workers, provided smoke emissions are not darker in shade or appearance than those 

designated as greater than 40 percent opacity, and the fires are located no closer than 200 feet (61 meters) from any neighboring 

habitable building. 

B. In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City and 

during the period from September 1 of any year through May 31 of the following year, open fires otherwise conforming to other 

governmental fire control ordinances, provided no nuisance or air pollution is created, are allowed without permission under 

Regulation .03 or .04 of this chapter as follows: 

(1) In those areas where no provision is made for public collection of leaves, the open burning of leaves originating on the 

premises, by householders, is permitted, provided that no nuisance is created and that the fires are located no closer than 300 feet 

(91.4 meters) from any neighboring habitable dwelling or place where people work or congregate; 

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash 

originating on the premises, excluding commercial establishments, by householders is permitted provided that: 

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity); 

(b) The fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where 

people work or congregate; 

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(4) Recreational purposes, such as campfires; 

(5) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming of outdoor workers, 

etc., provided no visible emissions are created. 

.06 Safety Determinations at Federal Facilities. 

A. A person who performs safety determinations at federal facilities or other facilities under contract with the federal 

government shall: 

(1) Take all responsible precautions to minimize emissions during any safety determination; 
DEPARTMENT OF THE ENVIRONMENT 

26.11.07.06 

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Effective as of November 12, 2010 

(2) Schedule safety determinations, whenever possible, during days when maximum dispersion of pollutants will be 

achieved; 

(3) Notify the control officer at least 24 hours in advance when a safety determination is to be performed that has a duration 

of 2 hours or longer; and 

(4) Submit a report of anticipated or expected safety determinations to the control officer semiannually beginning with the 

period July 1, 1997, to December 31, 1997. 

B. The report required in §A(4) of this regulation shall be submitted to the control officer by not later than 15 days before each

semiannual period. For safety determinations that are not anticipated 6 months in advance, the control officer shall be notified as 

far in advance as possible but not less than 1 week before the safety determination. 

C. The semiannual report required in §A(4) of this regulation shall include: 

(1) The time frame during which each known safety determination is to occur; 

(2) The duration of each safety determination; and 

(3) General information relating to each safety determination. 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulation .05 amended effective February 10, 1984 (10:26 Md. R. 2341) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.07 to COMAR 26.11.07 

Regulations .01—.05 amended effective May 22, 1995 (22:10 Md. R. 709) 

Regulation .01B amended effective August 11, 1997 (24:16 Md. R. 1160) 

Regulation .03B amended effective August 11, 1997 (24:16 Md. R. 1160) 

Regulation .06 adopted effective August 11, 1997 (24:16 Md. R. 1160) 
26.11.08 Page 1 

Effective as of February 15, 2016 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 08 Control of Incinerators 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-406, 10-102, and 10-103, 

Annotated Code of Maryland 

.01 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) Bag Leak Detection System. 

(a) “Bag leak detection system” means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric 

filter in order to detect bag failures. 

(b) “Bag leak detection system” includes, but is not limited to, an instrument that operates on triboelectric, light 

scattering, light-transmittance, or other effects to monitor relative PM loadings. 

(1-1) "Batch HMIWI" means an HMIWI that is designed so that neither waste charging nor ash removal can occur during 

combustion. 

(2) "Biologicals" means preparations made from living organisms and their products, including vaccines and cultures, 

intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto. 

(3) "Blood products" means any product derived from human blood, including blood plasma, platelets, red or white blood 

corpuscles, and other derived licensed products, such as interferon. 

(4) "Body fluids" means liquid emanating or derived from humans and limited to blood, dialysate, amniotic, cerebrospinal, 

synovial, pleural, peritoneal, and pericardial fluids, and semen and vaginal secretions. 

(5) "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution 

control device or other equipment. 

(6) "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for 

the purpose of stopping or reversing the growth of malignant cells. 

(7) "Co-fired combustor" is defined at 40 CFR §60.51c. 

(7-1) “Commercial HMIWI” means a HMIWI which offers incineration services for hospital/medical/infectious waste 

generated off site by firms unrelated to the firm that owns the HMIWI. 

(8) "Continuous emission monitoring (CEMS)" means a monitoring system for continuously measuring and recording the 

emissions of a pollutant from an affected facility. 

(9) "Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion. 

(9-1) "Crematory " means a furnace where a human or animal corpse is burned with: 

(a) The container or bag in which the human or animal corpse is placed or transported; and 

(b) The animal bedding, if applicable. 

(10) "Dioxin/furans" means the combined emissions of tetra through octa chlorinated dibenzo-para-dioxins and 

dibenzofurans as measured by EPA Reference Method 23. 

(11) "Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder 

material. 

(12) "Existing municipal waste combustor (existing MWC)" means a municipal waste combustor for which the Department 

issued a permit to construct or for which construction began on or before September 20, 1994. 

(13) "Fabric filter or baghouse" means an add-on air pollution control system that removes particulate matter (PM) and 

nonvaporous metal emissions by passing flue gas through filter bags. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.08.01 

26.11.08 Page 2 

Effective as of February 15, 2016 

(14) "Facilities manager" means the individual in charge of purchasing, maintaining, and operating the HMIWI or the 

owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of 

facilities or vice president of support services. 

(15) "Hazardous waste incinerator" means a hazardous waste incinerator as defined in COMAR 26.13.01.03B(33). 

(16) "High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains 

maximum operating temperatures. 

(17) "Hospital" is defined at 40 CFR §60.51c. 

(18) "Hospital, medical and infectious waste incinerator (HMIWI)" means a special medical waste incinerator that combusts 

any amount of hospital, medical, and infectious waste. 

(19) Hospital waste. 

(a) "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. 

(b) "Hospital waste" does not include human corpses, remains, and anatomical parts that are intended for interment or 

cremation. 

(20) Incinerator. 

(a) "Incinerator" means a furnace or combustion unit that uses controlled flame combustion for the thermal destruction of 

municipal solid waste, industrial waste, special medical waste, or sewage sludge. 

(b) "Incinerator" does not mean a hazardous waste incinerator. 

(c) “Incinerator” does not mean any unit owned or operated by a government agency to destroy illegal or prohibited 

goods. The exclusion does not apply to items either confiscated or incinerated by private, industrial, or commercial entities. 

(21) "Incinerator operator" means: 

(a) For a municipal waste combustor (MWC), the facility manager (chief facility operator), shift foreman (supervisor), 

and incinerator control room personnel; 

(b) For any other incinerator, the person who controls the waste feed and performs the necessary equipment adjustments 

to ensure efficient performance. 

(22) "Industrial waste" means any solid, liquid, or semiliquid waste, generated by a manufacturing industry, that does not 

contain hazardous waste. 

(23) "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion 

and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. 

(24) "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during 

combustion. 

(25) Large HMIWI. 

(a) "Large HMIWI" means: 

(i) an HMIWI that has a maximum design waste burning capacity of more than 500 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate of more than 500 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate of more than 4,000 pounds per day. 

(b) "Large HMIWI" does not mean: 

(i) A continuous or intermitent HMIWI that has a maximum charge rate of less than or equal to 500 pounds per hour; or 

(ii) A batch HMIWI that has a maximum charge rate of less than or equal to 4,000 pounds per day. 

(26) "Large MWC" means an existing municipal waste combustor that has a capacity greater than 250 tons per day. 

(27) "Low-level radioactive waste" means: 

(a) A waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in 

concentrations or quantities that exceed applicable federal or State standards for unrestricted release; or 
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(b) A low-level radioactive waste that is not high-level radioactive waste, spent nuclear fuel, or by-product material as 

defined by the Atomic Energy Act of 1954 (42 U.S.C. §2014(e)(2)). 

(28) "Malfunction" is defined at 40 CFR §60.51c. 

(29) "Maximum charge rate" means: 

(a) For a continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the 

most recent performance test demonstrating compliance with all applicable emission limits; or 

(b) For a batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test 

demonstrating compliance with all applicable emission limits. 

(30) "Maximum design waste burning capacity" means: 

(a) For an intermittent and continuous HMIWI, the waste burning capacity as determined by the following formula: 

C = PV × 15,000/8,500 where: 

(i) C = HMIWI capacity, pounds/hour 

(ii) PV = primary chamber volume, cubic feet 

(iii) 15,000 = primary chamber heat release rate factor, Btu/cubic foot/hour 

(iv) 8,500 = standard waste heating value, Btu/pound; 

(b) For a batch HMIWI, the waste burning capacity as determined by the following formula: C = PV × 4.5/8 where: 

(i) C = HMIWI capacity, pounds/hour 

(ii) PV = primary chamber volume, cubic feet 

(iii) 4.5 = waste density, pounds/cubic foot 

(iv) 8 = typical hours of operation of a batch HMIWI, hours. 

(31) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-hour average temperature at the inlet to 

the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the dioxin/furan emission limit. 

(32) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour average temperature at the outlet from the 

wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the mercury (Hg) emission limit. 

(33) "Medical, infectious waste" is defined at 40 CFR Part 60.51c, Subpart Ec. 

(34) Medium HMIWI. 

(a) "Medium HMIWI" means: 

(i) An HMIWI that has a maximum design waste burning capacity of more than 200 pounds per hour, but less than or 

equal to 500 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour, but less than 

or equal to 500 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day, but less than or equal to 4,000 

pounds per day. 

(b) "Medium HMIWI" does not mean: 

(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or 

more than 500 pounds per hour; or 

(ii) A batch HMIWI that has a maximum charge rate more than 4,000 pounds per day or less than or equal to 1,600 

pounds per day. 
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(35) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour average dioxin/furan sorbent flow 

rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the 

dioxin/furan emission limit. 

(36) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a 

minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission 

limit. 

(37) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of the highest 3-hour average HCl sorbent 

flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance 

with the HCl emission limit. 

(38) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour average horsepower or amperage to the 

wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the applicable emission limits. 

(39) "Minimum pressure drop across the wet scrubber" means 90 percent of the highest 3-hour average pressure drop across 

the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test 

demonstrating compliance with the PM emission limit. 

(40) “Minimum reagent flow rate” means 90 percent of the highest 3-hour average reagent flow rate at the inlet to the 

selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent 

performance test demonstrating compliance with the NOx emissions limit. 

(40-1) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour average liquor flow rate at the inlet to 

the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with all applicable emission limits. 

(41) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet 

scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance 

with the HCl emission limit. 

(42) "Minimum secondary chamber temperature" means 90 percent of the highest 3-hour average secondary chamber 

temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the PM, CO, and dioxin/furan emission limits. 

(43) "Modification or modified HMIWI" is defined at 40 CFR §60.51c. 

(44) Municipal Solid Waste. 

(a) "Municipal solid waste (MSW)" means municipal-type solid waste as defined in 40 CFR Part 60, Subpart Eb 

(Standards of Performance for Municipal Waste Combustors) as amended, which is incorporated by reference. 

(b) "Municipal solid waste" does not include special medical waste. 

(45) "Municipal waste combustor (MWC)" means an incinerator that burns only municipal solid waste. 

(46) "Operating day" means a 24-hour period between 12 midnight and the following midnight during which any amount of 

hospital waste or medical/infectious waste is combusted at any time in the HMIWI. 

(47) "Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or 

shutdown. 

(48) "Particulate matter (PM)" means the total particulate matter emitted from an HMIWI as measured by EPA Reference 

Method 5 or EPA Reference Method 29. 

(49) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue, the 

bags or containers used to collect and transport the waste material, and animal bedding (if applicable). 

(50) "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and 

from which ash is removed. 

(51) "Pyrolysis" means the endothermic gasification of hospital, medical, or infectious waste, or a combination of hospital, 

medical, and infectious waste using external energy. 
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(52) "Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber 

and in which the combustion process is completed. 

(53) "Sewage sludge" means a waste containing accumulated semiliquid suspension, settled solids, or dried residue of these 

solids from sewage in a waste water treatment plant. 

(54) Shutdown. 

(a) "Shutdown" means the period of time after all waste has been combusted in the primary chamber. 

(b) "Shutdown" for a continuous HMIWI commences not less than 2 hours after the last charge to the incinerator. 

(c) "Shutdown" for an intermittent HMIWI commences not less than 4 hours after the last charge to the incinerator. 

(d) "Shutdown" for a batch HMIWI commences not less than 5 hours after the high-air phase of combustion has been 

completed. 

(55) Small HMIWI. 

(a) "Small HMIWI" means: 

(i) An HMIWI that has a maximum design waste burning capacity less than or equal to 200 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate less than or equal to 200 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate less than or equal to 1,600 pounds per day. 

(b) "Small HMIWI" does not mean: 

(i) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour; or 

(ii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day. 

(56) "Small rural area HMIWI" means a small HMIWI that is located more than 50 miles from the boundary of the nearest 

standard metropolitan statistical area and which burns less than 2,000 pounds per week of hospital, medical, and infectious waste 

(excluding those wastes burned during performance tests). 

(57) Special medical waste. 

(a) "Special medical waste" means: 

(i) Any combination of organic and inorganic liquid or solid waste as defined in COMAR 26.13.11; or 

(ii) Hospital general waste, when burned in conjunction with special medical waste generated at that hospital. 

(b) "Special medical waste" includes hospital, medical, and infectious waste. 

(58) "Standard conditions" means a temperature of 20°C and a pressure of 101.3 kilopascals. 

(59) "Standard metropolitan statistical area (SMSA)" means any area listed in OMB Bulletin No. 93-17 entitled "Revised 

Statistical Definitions for Metropolitan Areas" dated June 30, 1993. 

(60) Startup. 

(a) "Startup" means the period of time between the activation of the system and the first charge to the unit. 

(b) "Startup" for a batch HMIWI means the period of time between activation of the system and ignition of the waste. 

(61) "Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect 

particulate matter (including nonvaporous metals and condensed organics) or to absorb and neutralize acid gases, or both. 

.02 Applicability. 

A. Any source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific installation which differs from the general emission standards in 

COMAR 26.11.06.01—.09, this chapter takes precedence. 

B. Regulation .07 of this chapter applies to an MWC that was constructed on or before August 30, 1999 and has a capacity of 

at least 35 tons and less than or equal to 250 tons per day. 
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C. Regulation .08 of this chapter applies to an existing MWC with a capacity greater than 250 tons per day as determined in 

accordance with 40 CFR §60.58b(j). 

D. An MWC with a capacity greater than 250 tons per day for which construction began after December 20, 1989, and on or 

before September 20, 1994, and modification or reconstruction began after December 20, 1989, and on or before June 19, 1996, is 

also subject to the requirements of 40 CFR Part 60, Subpart Ea, Standards of Performance for Municipal Waste Combustors, as 

amended, incorporated by reference at COMAR 26.11.06.12.

E. An MWC with a capacity greater than 250 tons per day for which construction began after September 20, 1994, or 

modification or reconstruction began after June 19, 1996, is also subject to the requirements of 40 CFR Part 60 Subpart Eb, 

Standards of Performance for Municipal Waste Combustors, as amended, incorporated by reference at COMAR 26.11.06.12. 

F. A person who owns an existing MWC with a total capacity greater than 250 tons per day which was not in operation on or 

after December 19, 1995, may not operate the MWC unless the applicable requirements of this chapter are met. 

G. If there is any discrepancy between the terms defined in this chapter and any federal definition in the Clean Air Act, 42 

U.S.C. §§7401—7671 (CAA), and 40 CFR Part 60 Subparts A, B, Eb, and Ec, the federal definition applies. 

H. The requirements in Regulation .08-1 of this chapter apply to a person who owns or operates an HMIWI for which 

construction was commenced on or before June 20, 1996, except as provided in 40 CFR §60.50c(b)—(i).

I. All provisions of Regulation .08-1 of this chapter and the related HMIWI 111(d)/129 plan approval, 40 CFR Part 62, 

Subpart V, are applicable, except as amended or revised under Regulation .08-2 of this chapter and approved by EPA as part of 

the Maryland HMIWI 111(d)/129 plan. 

.03 Prohibition of Certain Incinerators in Areas III and IV. 

A. A person may not cause or permit the construction or use of any flue-fed, chute-fed, or single chamber incinerator. 

B. Any incinerator, the use of which is prohibited under provisions of this regulation, shall be made inoperable in a manner 

approved by the control officer or the Department. 

C. A person may not cause or permit the construction or use of any other incinerator except as listed below: 

(1) An incinerator that has a capacity of 5 tons (4,540 kilograms) per hour or greater and that is used to burn municipal solid 

waste; 

(2) Crematory incinerators; 

(3) An incinerator that has a capacity of 500 pounds (227 kilograms) per hour or greater and that is used to burn industrial 

waste; 

(4) Special medical waste incinerators that are approved for that purpose by the Department, although municipal solid waste 

generated at the site of a permitted special medical waste incinerator may be burned in combination with a special medical waste; 

and 

(5) Sewage sludge incinerators. 

D. Householders are permitted to burn ordinary household trash originating on the premises, in incinerators, in those areas 

where public collection of municipal solid waste is not provided. 

.04 Visible Emissions. 

A. In Areas I, II, V, and VI, the following apply: 

(1) Except as provided in Regulations .08 and .08-1 of this chapter, a person may not cause or permit the discharge of 

emissions from any incinerator, other than water in an uncombined form, which is greater than 20 percent opacity; 

(2) A person may not cause or permit the discharge of emissions from any hazardous waste incinerator, other than water in 

an uncombined form, which is visible to human observers. 

B. In Areas III and IV, a person may not cause or permit the discharge of emissions from any incinerator or hazardous waste 

incinerator, other than water in an uncombined form, which is visible to human observers. 
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C. Exceptions. The requirements of §§A and B of this regulation do not apply to emissions during start-up, or adjustments or 

occasional cleaning of control equipment if: 

(1) The visible emissions are not greater than 40 percent opacity; and 

(2) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period. 

D. The owner or operator of a municipal waste combustor that is required to install and operate a COM is subject to the 

requirements in COMAR 26.11.01.10. 

.05 Particulate Matter. 

A. Requirements for Areas I, II, V, and VI. 

(1) Calculations. Except as provided in Regulations .08 and .08-1 of this chapter, incinerator or hazardous waste incinerator 

emissions shall be adjusted to 12 percent carbon dioxide. 

(2) Incinerators Constructed Before January 17, 1972. Except as provided in Regulations .08 and .08-1 of this chapter, a 

person may not cause or permit the discharge into the outdoor atmosphere from any incinerator constructed before January 17, 

1972, particulate matter to exceed the following limitations: 

(a) Incinerators burning less than 200 pounds (90.7 kilograms) of municipal solid waste per hour, 0.3 gr/SCFD (687 

mg/dscm); 

(b) Incinerators burning 200 pounds (90.7 kilograms) or more pounds of municipal solid waste per hour, 0.2 gr/SCFD 

(458 mg/dscm). 

(3) Incinerators Constructed on or After January 17, 1972. Except as provided in Regulations .07, .08, and .08-1 of this 

chapter, a person may not cause or permit the discharge of particulate matter into the outdoor atmosphere from any incinerator or 

crematory constructed on or after January 17, 1972, to exceed 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 

mg/dscm). 

(4) Hazardous Waste Incinerators. A person may not cause or permit to be discharged into the outdoor atmosphere from any 

hazardous waste incinerator, particulate matter to exceed 0.03 gr/SCFD (68.7 mg/dscm). 

B. Requirements for Areas III and IV. 

(1) Calculations. Except as provided in Regulations .08 and .08-1 of this chapter, incinerator or hazardous waste incinerator 

emissions shall be adjusted to 12 percent carbon dioxide. 

(2) Except as provided in Regulations .07, .08, and .08-1 of this chapter, a person may not cause or permit the discharge of 

particulate matter into the outdoor atmosphere from any incinerator, hazardous waste incinerator, or crematory to exceed the 

following limitations: 

(a) Special medical waste incinerators burning less than 1 ton of refuse per hour and less than 8 tons of refuse per day 

and crematories, 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 mg/dscm); 

(b) All other incinerators and hazardous waste incinerators, 0.03 gr/SCFD (68.7 mg/dscm). 

.06 Prohibition of Unapproved Hazardous Waste Incinerators. 

A person may not cause or permit the construction or use of any hazardous waste incinerator except in accordance with 

COMAR 26.13.05.15 and this chapter. 

.07 Requirements for Municipal Waste Combustors with a Capacity of 35 tons or greater per day and less than or equal 

to 250 Tons Per Day. 

A person may not operate a municipal waste combustor that has a burning capacity of 35 tons or more per day and less than or 

equal to 250 tons per day that was constructed on or before August 30, 1999 which results in violation of the provisions of 40 

CFR 62 Subpart JJJ. 

.08 Requirements for an Existing Large MWC with a Capacity Greater Than 250 Tons Per Day. 

A. Emission Standards and General Requirements. 

(1) A person who owns or operates an existing large MWC subject to this regulation may not violate any of the emission 

standards or general requirements in §A(2) of this regulation after the compliance date in §§A and D of this regulation. 
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(2) Emission Standards and General Requirements. 

Pollutant or 

Parameter

Emission

Standards for a

Large MWC

Performance and Compliance

Test Requirements

Carbon Monoxide* 100 ppmv - 4 hr block avg. CEMS. Methods and procedures as specified in 40 CFR §60.58b(b) 

and 40 CFR §60.58b(i). 

Dioxin/Furans* 

Before April 28, 2009, 60 

nanograms per dry standard cubic 

meter (total mass) for ESP-based 

control device and 30 nanograms 

per dry standard cubic meter 

(total mass) for non-ESP-based 

control device. On and after April 

28, 2009, the emission limit for 

ESP-based control device is 35 

nanograms per dry standard cubic 

meter and 30 nanograms per dry 

standard cubic meter for non 

ESP-based emission control 

system.

EPA Reference Method 23. Annual test except as provided in 40 CFR 

§60.58b(g)(5)(iii). Applicable test procedures and methods as 

specified in 40 CFR §60.58b(g). Certified continuous automated 

sampling option in lieu of a stack test as specified in 40 CFR 

60.58b(g)(10). 

Particulate Matter* 

Before April 28, 2009, 0.012 

grains per standard cubic feet 

dry, 27 milligrams per dry 

standard cubic meter. On and 

after April 28, 2009, 25 

milligrams per dry standard cubic 

meter.

EPA Reference Method 5. Annual test methods and procedures as 

specified in 40 CFR §60.58b(c). Certified CEMS option in lieu of a 

stack test for monitoring PM emissions discharged to the atmosphere 

as specified in 40 CFR §60.58b(c)(10). 

Opacity 

10 percent opacity with COMS. 

Averaging time is 6 minutes.

EPA Reference Method 9 and COMS. Applicable test procedures and 

methods as specified in 40 CFR §60.58b(c). Quality assurance and 

quality control requirements are as in COMAR 26.11.31. 

Notwithstanding the requirements in COMAR 26.11.01.10B(6)(a)—

(c), the Department may determine compliance and non-compliance 

with the visible emission limitations by performing EPA reference 

Method 9 observations based on a 6 minute block average. 

Cd (Cadmium)* 

Before April 28, 2009, 40 

micrograms per dry standard 

cubic meter. On and after April 

28, 2009, 35 micrograms per dry 

standard cubic meter.

EPA Reference Method 29. Annual test except as provided in 40 CFR 

§60.58b(d). Applicable test procedures and methods as specified in 40 

CFR §60.58b(d). Certified CEMS option in lieu of a stack test as 

specified in 40 CFR §60.58b(d)(3) and 60.58(n). 

Pb(Lead)* 

Before April 28,2009, 440 

micrograms per dry standard 

cubic meter. On and after April 

28, 2009, 400 micrograms per 

dry standard cubic meter.

EPA Reference Method 29. Annual test except as provided in 40 CFR 

§60.58b(d). Applicable test procedures and methods as specified in 40 

CFR §60.58b(d). Certified CEMS option in lieu of a stack test as 

specified in 40 CFR §60.58b(d)(3) and 60.58(n). 
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Pollutant or 

Parameter

Emission

Standards for a

Large MWC

Performance and Compliance

Test Requirements

Hg (Mercury)* 

Before April 28,2009, 80 

micrograms per dry standard 

cubic meter or 85 percent 

reduction by weight, whichever 

is less restrictive. On and after 

April 28, 2009, 50 micrograms 

per dry standard cubic meter or 

85 percent reduction by weight, 

whichever is less restrictive.

EPA Reference Method 29. Annual test except as provided in 40 CFR 

§60.58b(d) and (m). Applicable test procedures and methods as 

provided in 40 CFR §60.58b(d). Certified CEMS option in lieu of a 

stack test as specified in 40 CFR §60.58b(d)(4) and 60.58(n). 

SO2Sulfur Dioxide)* 

29 ppmv—24-hr geometric mean 

or 75 percent reduction, 

whichever is less restrictive.

CEMS. Applicable test procedures and methods as specified in 40 

CFR §60.58b(e). 

HCl (Hydrogen 

Chloride)*

29 ppmv or 95 percent reduction, 

whichever is less restrictive

EPA Reference Method 26. Annual test except as provided in 40 CFR 

§60.58b(f). Applicable test procedures and methods as provided in 40 

CFR §60.58b(f). Certified CEMS option in lieu of a stack test as 

specified in 40 CFR §60.58b(f)(8) and 60.58(n). 

NOx (Oxides of 

Nitrogen)* 

205 ppmv 24-hr arithmetic 

average. Mass burn refractory 

MWC is exempt.

CEMS (only for sources to which an emission standard applies). 

Applicable test procedures and methods as provided in 40 CFR 

§60.58b(h). 

Load 

Not to exceed 110 percent of 

maximum load during most 

recent dioxin/furan performance 

test.

Continuous monitoring.—4-hr block arithmetic average steam load. 

Applicable test procedures and methods are as provided in 40 CFR 

§60.58b(i). 

Temperature 

The maximum particulate matter 

control device inlet temperature 

must not exceed by more than 

17°C the temperature during the 

most recent dioxin/furan test 

demonstrating compliance.

Continuous monitoring. The temperature shall be calculated in 4-hr 

block arithmetic averages. Applicable test procedures and methods are 

as provided in 40 CFR §60.58b(i) and exemptions in 40 CFR 

§60.53b(c). 

Fugitive Ash 

Emissions 

Visible emissions less than 5 

percent of the observation period 

(i.e., 9 minutes per 3-hour period) 

during ash transfer.

EPA Reference Method 22 observations as specified in 40 CFR 

§60.58b(k). Annual test. The emission limit excludes visible emissions 

discharged inside buildings or enclosures of ash-conveying systems 

during maintenance and repair of ash-conveying systems as specified 

in 40 CFR §60.55b. 

* Corrected to 7 percent oxygen on dry basis. If a CO2 monitor is selected as the dilutent monitor it must meet the requirements 

of 40CFR §60.58b(b)(6). 

(3) The standards in §A(2) of this regulation apply at all times except during periods of startup, shutdown, or malfunction as 

provided in 40 CFR §60.58b(a). 
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B. Monitoring Requirements. 

(1) A person who owns or operates an existing MWC subject to this regulation shall: 

(a) Install, calibrate, operate, and maintain continuous monitors for carbon monoxide, oxygen, opacity, oxides of 

nitrogen, and sulfur dioxide; 

(b) Locate monitors downstream of the final air pollution control device to measure concentrations of oxygen, oxides of 

nitrogen, sulfur dioxide, and opacity of the exhaust gases; 

(c) Install, operate, and maintain at a minimum, one temperature monitor to measure the temperature of the flue gas as it 

enters the particulate matter air pollution control device; and 

(d) Meet the specifications in §A(2) of this regulation if an alternative monitoring or sampling method of compliance is 

selected in lieu of a stack test. 

(2) If the percent removal option is to be used to show compliance with §B(1)(b) of this regulation, sulfur dioxide and 

oxygen monitors shall also be located upstream of the pollution control device. Monitors shall be located at the combustor outlet 

exit to measure concentrations of carbon monoxide. 

(3) The monitors required by §B(1)(a) and (b) of this regulation shall meet the installation, certification, reporting, recordkeeping, and other requirements of COMAR 26.11.01.10, and 26.11.01.11, performance specifications in 40 CFR Part 60, 

Appendix B, the quality assurance procedures in 40 CFR Part 60, Appendix F, all requirements in 40 CFR §60.58b, COMAR 

26.11.31. 

(4) A person shall apply for and receive written approval from the Department before installing any of the monitors required 

in this chapter. 

C. Reporting and Record-Keeping Requirements. 

(1) A person who owns an existing MWC subject to this regulation shall report and maintain records in accordance with 40 

CFR §60.59b of Subpart Eb, as applicable, except for the siting requirements under §60.59b(a), (b)(5), and (d)(11) of 40 CFR Part 

60, Subpart Eb; 

(2) Continuous monitoring data reduction and data availability shall be as prescribed in COMAR 26.11.01.10 and 

26.11.01.11. If there is any inconsistency between COMAR 26.11.01.10 and 26.11.01.11 and 40 CFR 60, the requirements of 40 

CFR 60 govern. 

D. Compliance Schedule and Date. 

(1) A person who owns or operates an existing large MWC subject to this chapter shall comply with the standards in §A(2) 

of this regulation, according to the applicable schedule in §D(2)—(6). 

(2) A person who owns or operates an existing large MWC subject to this chapter and is not planning an extensive emission 

control system upgrade shall submit a plan by October 1, 2007, to the Department that describes the increments of progress to be 

achieved as follows: 

(a) Not later than December 1, 2007 — release purchase orders for initial testing and modifications; 

(b) Not later than April 1, 2008 — begin modification and testing of control systems; 

(c) Not later than September 1, 2008 — end modifications and debug system; 

(d) Not later than December 1, 2008 — submit stack test protocol and test schedule; and 

(e) On and after April 28, 2009 — achieve full compliance with the standards. 

(3) A person who owns or operates an existing large MWC subject to this chapter and is planning an extensive emission 

control system upgrade shall submit a plan, containing an expeditious compliance schedule, for review and approval by the 

Department, that: 

(a) Describes the control method to be used to achieve compliance with the applicable requirements; 

(b) Includes a complete application for a permit to construct the control system and compliance schedule to the 

Department not later than September 1, 2008; and 
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(c) If approved, includes in the compliance schedule a schedule which is no less stringent than the increments of progress 

in §D(4) of this regulation. 

(4) The following increments of progress shall be achieved if an extensive emission control system upgrade is planned: 

(a) Not later than April 1, 2008 — complete control system and cost analysis; 

(b) Not later than December 1, 2008 — release purchase orders for the purchase of primary components; 

(c) Not later than April 1, 2009 — begin construction of control systems; 

(d) Not later than September 1, 2010 — end construction, startup and debug system; 

(e) Not later than December 1, 2010 — submit stack test protocol and test schedule; and 

(f) Not later than March 10, 2011 — achieve full compliance. 

(5) The interim dates in §D(2) and (4) of this regulation may be delayed upon approval by the Department and the U.S. 

EPA if the compliance dates of April 28, 2009, and March 10, 2011, are met. 

(6) An affected facility subject to the provisions in §D of this regulation shall demonstrate compliance with the emission 

standards and requirements using the test methods in §A(2) of this regulation within 180 days after start up of the new or 

modified control device. 

.08-1 Emission Standards and Requirements for HMIWIs. 

A. Emission Standards. 

(1) The emission standards and requirements in §A(2)—(7) of this regulation apply to a person who owns or operates an 

HMIWI other than a small rural area HMIWI. 

(2) The emission limits of this regulation and 40 CFR §§62.5160 and 62.5161, apply to a person who owns and operates a 

small, medium, or large HMIWI for which construction was commenced on or before June 20, 1996 or for which modification 

commenced on or before March 16, 1998, and remain applicable until such HMIWI comes into full and final compliance in 

accordance with Regulation .08-2 of this chapter and its related 111(d)/129 plan revision. 

(3) Emission Standards for Small, Medium, and Large HMIWIs. 

Emission limits HMIWI size 

Pollutant Units (7 percent oxygen, dry basis) Small Medium Large 

Particulate matter Milligrams per dry standard cubic meter (grains per dry standard 

cubic foot) 115 (0.05) 69 (0.03) 34 (0.015) 

Opacity (Areas III and 

IV no visible emissions) 6 minute block average percent 10 10 10 

Carbon monoxide Parts per million by volume 40 40 40 

Emission limits HMIWI size 

Pollutant Units (7 percent oxygen, dry basis) Small Medium Large 

Dioxins/furans 

Nanograms per dry standard cubic meter total dioxins/furans 

(grains per billion dry standard cubic feet) or nanograms per dry 

standard cubic meter TEQ (grains per billion dry standard cubic 

feet) 

125 (55) 

or 2.3 

(1.0) 

125 (55) or 

2.3 (1.0) 

125 (55) 

or 2.3 

(1.0) 

Hydrogen chloride Parts per million by volume or percent reduction 100 or 

93 percent 

100 or 

93 percent 

100 or 

93 percent 

Sulfur dioxide Parts per million by volume 55 55 55 

Nitrogen oxides Parts per million by volume 250 250 250 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of February 15, 2016 

Emission limits HMIWI size 

Lead Milligrams per dry standard cubic meter (grains per thousand dry 

standard cubic feet) or percent reduction 

1.2 (0.52) 

or 

70 percent 

1.2 (0.52) 

or

70 percent 

1.2 (0.52) 

or 

70 percent 

Cadmium Milligrams per dry standard cubic meter (grains per thousand dry 

standard cubic feet) or percent reduction 

0.16 (0.07) 

or 

65 percent 

0.16 (0.07) 

or 

65 percent 

0.16 (0.07) 

or 

65 percent 

Mercury Milligrams per dry standard cubic meter (grains per thousand dry 

standard cubic feet) or percent reduction 

0.55 (0.24) 

or 

85 percent 

0.55 (0.24) 

or 

85 percent 

0.55 (0.24) 

or 

85 percent 

(4) Waste Management Plan. A person who owns or operates an HMIWI subject to this regulation shall prepare a Waste 

Management Plan that identifies the feasibility and the approach to solid waste segregation or material substitution to reduce the 

amount of toxics emissions. The Waste Management Plan shall meet the requirements of 40 CFR Part 60.55c, Subpart Ec. 

(5) Compliance and Performance Testing. A person who owns or operates an HMIWI subject to this regulation shall 

complete the initial and subsequent tests using the procedures, conditions, and test methods in 40 CFR Part 60.56c, Subpart Ec, 

excluding the fugitive emissions testing requirements under 40 CFR §60.56c(b)(12) and (c)(3). 

(6) Monitoring Requirements. A person who owns or operates an HMIWI subject to this regulation shall comply with the 

monitoring requirements in 40 CFR Part 60.57c, Subpart Ec. 

(7) Reporting and Recordkeeping Requirements. A person who owns or operates an HMIWI subject to this regulation shall 

report and maintain records in accordance with the requirements listed in 40 CFR Part 60.58c(b), (c), (d), (e), and (f) of Subpart 

Ec, excluding 40 CFR §60.58c(b)(2)(ii) (fugitive emissions) and 40 CFR §60.58c(b)(7) (siting). 

B. Emission Limits and Requirements for Small Rural Area HMIWIs. 

(1) The emission limits and requirements in §B(2)—(6) of this regulation apply to a person who owns or operates a small 

rural area HMIWI, and remain applicable until such HMIWI comes into full and final compliance in accordance with Regulation 

.08-2 of this chapter and its related 111(d)/129 plan revision. 

(2) Emission Limits. 

Pollutant Units (7 percent oxygen, dry basis) HMIWI 

Emission limits 

Particulate 

matter Milligrams per dry standard cubic meter (grains per dry standard cubic foot) 197 (0.086) 

Opacity 6 minute block average percent 10 

Carbon 

monoxide Parts per million by volume 40 

Dioxins/furans 

Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard 

cubic feet) or Nanograms per dry standard cubic meter TEQ (grains per billion dry standard 

cubic feet) 

800 (350) or 15 

(6.6) 

Hydrogen 

chloride Parts per million by volume 3,100 

Pollutant Units (7 percent oxygen, dry basis) HMIWI 

Emission limits 

Sulfur dioxide Parts per million by volume 55 

Nitrogen oxides Parts per million by volume 250 
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Pollutant Units (7 percent oxygen, dry basis) HMIWI 

Emission limits 

Lead Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 10 (4.4) 

Cadmium Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 4 (1.7) 

Mercury Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 7.5 (3.3) 

(3) Inspection Requirements. 

(a) Each small rural area HMIWI shall undergo an initial equipment inspection by March 15, 2001, that at a minimum 

includes the following: 

(i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as 

necessary; 

(ii) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary; 

(iii) Inspect hinges and door latches, and lubricate as necessary; 

(iv) Inspect dampers, fans, and blowers for proper operation; 

(v) Inspect HMIWI door and door gaskets for proper sealing; 

(vi) Inspect motors for proper operation; 

(vii) Inspect primary chamber refractory lining; clean and repair or replace lining as necessary; 

(viii) Inspect incinerator shell for corrosion or hot spots, or both; 

(ix) Inspect secondary/tertiary chamber and stack and clean as necessary; 

(x) Inspect mechanical loader, including limit switches, for proper operation, if applicable; 

(xi) Visually inspect waste bed (grates), and repair or seal, as appropriate; 

(xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any 

necessary adjustments; 

(xiii) Inspect air pollution control device or devices for proper operation, if applicable; 

(xiv) Inspect waste heat boiler systems to ensure proper operation, if applicable; 

(xv) Inspect bypass stack components; 

(xvi) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 

(xvii) Generally observe that the equipment is maintained in good operating condition. 

(b) Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the 

owner or operator obtains written approval from the Department for a different date to complete all necessary repairs. 

(c) Each small rural area HMIWI shall undergo an equipment inspection annually (no more than 12 months following the 

previous annual equipment inspection), as outlined in §B(3)(a) and (b) of this regulation. 

(4) Waste Management Plan. A person who owns or operates a small rural area HMIWI subject to this regulation shall 

prepare a Waste Management Plan that identifies the feasibility and the approach to solid waste segregation or material 

substitution to reduce the amount of toxics emissions. The Waste Management Plan shall meet the requirements of 40 CFR Part 

60.55c, Subpart Ec. 

(5) Compliance and Performance Testing. 

(a) A person who owns or operates a small rural area HMIWI shall conduct the performance test in 40 CFR Part 

60.56c(a), (b)(1)—(9), (b)(11)(Hg only), and (c)(1), Subpart Ec. The 2,000 pound per week limit does not apply during 

performance tests. 
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Effective as of February 15, 2016 

(b) During the test required in §B(5)(a) of this regulation, a maximum charge rate and minimum secondary chamber 

temperature shall be established as site-specific operating parameters to determine compliance with applicable emission limits as 

required in 40 CFR §60.37e(b)(2). 

(c) Following the date on which the initial performance test is completed, a person may not operate above the maximum 

charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as 

the average of the previous 3 operating hours) at all times except during periods of startup, shutdown, and malfunction. Operating 

parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum 

secondary chamber temperature shall constitute a violation of the established operating parameter or parameters. 

(d) Except as provided in §B(5)(e) of this regulation, operation of an HMIWI above the maximum charge rate and below 

the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a 

violation of the PM, CO, and dioxin/furan emission limits. 

(e) The owner or operator of an HMIWI may conduct a repeat performance test within 30 days of violation of applicable 

operating parameter or parameters to demonstrate that the HMIWI is not in violation of the applicable emission limit or limits. 

Repeat performance tests conducted pursuant to this regulation shall be conducted after notification to the Department using the 

identical operating parameters that indicated a violation as required in 40 CFR §60.37e(b)(5). 

(6) Monitoring Requirements. A person who owns or operates a small rural area HMIWI shall meet the following 

monitoring requirements: 

(a) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the 

temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every 

minute throughout operation. 

(b) Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures and 

records the date, time, and weight of each charge fed into the HMIWI. 

(c) Obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment 

malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours 

per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital waste or 

medical/infectious waste, or both. 

(7) Reporting and Recordkeeping. A person who owns or operates a small rural area HMIWI shall: 

(a) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed 

within 10 days of an inspection or the time frame established by the Department; and 

(b) Submit an annual report containing information recorded under §B(7)(a) of this regulation not later than 60 days 

following the year in which data were collected. Subsequent reports shall be sent not later than 12 calendar months following the 

previous report. The owner or operator of a source subject to the permitting requirements under Title V of the federal Clean Air 

Act shall submit these reports semiannually. The report shall be signed by the facility manager. 

C. Compliance Schedules. 

(1) Except as provided in §C(2) of this regulation, a person who owns or operates an HMIWI or a small rural area HMIWI 

subject to this chapter shall: 

(a) Achieve compliance with all the requirements on or before March 15, 2001; or 

(b) Submit to the Department and the EPA for approval, a compliance plan that includes the following increments of 

progress: 

(i) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device or 

devices, or modification; 

(ii) Date for obtaining design drawings of the air pollution control device or devices, or modification; 

(iii) Date for ordering the air pollution control device or devices, or modification; 

(iv) Date for obtaining the major components of the air pollution control device or devices, or modification; 

(v) Date for initiation of site preparation for installation of the air pollution control device or devices, or modification; 
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Effective as of February 15, 2016 

(vi) Date for initiation of installation of the air pollution control device or devices, or modification; 

(vii) Date for initial startup of the air pollution control device or devices, or modification; 

(viii) Date for initial compliance test or tests of the air pollution control device or devices, or modification; and 

(ix) Date for achieving compliance which is not later than March 15, 2002. 

(2) The compliance plan required in §C(1)(b) of this regulation shall be submitted to the Department on or before 

September 15, 2000, in accordance with the requirements in 40 CFR §60.39e(d)(1)(i) and (ii). 

(3) The compliance plan submitted by an affected facility that proposes to treat HMIW generated at another site shall 

identify the off-site facility in the compliance plan. When the Department approves the compliance plan, the plan shall constitute 

the compliance plan for the off-site facility. 

D. Permit Requirements. 

(1) A person who owns or operates an HMIWI or a small rural area HMIWI subject to this chapter shall, not later than July 

15, 2000, submit a complete application for a Part 70 permit in accordance with COMAR 26.11.03. 

(2) On or before September 15, 2000, the Department shall make a completeness determination of the Part 70 application in 

accordance with the requirements in Clean Air Act §503 and 40 CFR Parts 70 and 71. 

(3) If the incinerator is to be removed from service by March 1, 2001, the owner of the HMIWI or rural area HMIWI, in lieu 

of submitting a Part 70 application, shall submit a letter to the Department and the EPA committing to the discontinued use of the 

incinerator on or before March 1, 2001. 

.08-2 Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Revised October 6, 2009. 

A. Applicability and Emission Standards. Notwithstanding the requirements of Regulation .08-1 of this chapter, the emission 

standards and requirements of §B(1)—(7) and §C(1)—(6) of this regulation apply to a person who owns or operates an HMIWI 

subject to 40 CFR Part 60, Subpart Ce, as revised, October 6, 2009. 

B. Emission Limits and Requirements for Small, Medium, and Large HMIWIs. 

(1) A person who owns or operates a small, medium, or large HMIWI for which construction was commenced on or before 

June 20, 1996 or for which modification commenced on or before March 16, 1998 shall comply with the following emission 

limits. 

Pollutant Units (7 percent oxygen, 

dry basis) 

Emission limits 

Test Method Averaging

Time1

Small Medium Large 

Particulate 

matter 

Milligrams per dry 

standard cubic meter 

(grains per dry standard 

cubic foot) 

66 (0.029) 46 (0.020) 25 (0.011) 

EPA Reference 

Method 5 of Appendix 

A-3 of 40 CFR Part 60, 

or EPA reference 

Method 26A or 29 of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1hr 

minimum 

sample time 

per run) 

Opacity 6 minute block average 

percent 10 10 10 

EPA Method 9 and PM 

CEMS. Alternative use 

of PM CEMS as 

stipulated under 40 

CFR §60.56c(b)(9) in 

lieu of EPA Method 9, 

Appendix A-4 or Bag 

leak detection system 

6 minute 

block 

average 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of February 15, 2016 

Pollutant Units (7 percent oxygen, 

dry basis) 

Emission limits 

Test Method Averaging

Time1

Small Medium Large 

Carbon 

monoxide 

Parts per million by 

volume 20 5.5 11 

EPA Reference 

Method 10 of 

Appendix A-4 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Dioxins/furans 

Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(grains per billion dry 

standard cubic feet) or 

nanograms per dry 

standard cubic meter 

TEQ (grains per billion 

dry standard cubic feet) 

16 (7.0) or 

0.013 (0.0057) 

0.85 (0.37) or 

0.020 (0.0087) 

9.3 (4.1) or 

0.054 (0.024) 

EPA Reference 

Method 23 of 

Appendix A-7 of 40 

CFR Part 60 

3 run 

average (4 

hr minimum 

sample time 

per run) 

Hydrogen 

chloride 

Parts per million by 

volume 44 7.7 6.6 

EPA Reference 

Method 26 or 26A of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Sulfur dioxide Parts per million by 

volume 4.2 4.2 9.0 

EPA Reference 

Method 6 or 6C of 

Appendix A-4 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Nitrogen 

oxides 

Parts per million by 

volume 190 190 140 

EPA Reference 

Method 7 or 7E of 

Appendix A-4 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Lead 

Milligrams per dry 

standard cubic meter 

(grains per thousand dry 

standard cubic feet) 

0.31 (0.14) 0.018 (0.0079) 0.036 (0.016) 

EPA Reference 

Method 29 of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Cadmium 

Milligrams per dry 

standard cubic meter 

(grains per thousand dry 

standard cubic feet) 

0.017(0.0074) 0.013(0.0057) 0.0092(0.0040) 

EPA Reference 

Method 29 of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Mercury 

Milligrams per dry 

standard cubic meter 

(grains per thousand dry 

standard cubic feet) 

0.014(0.0061) 0.025 (0.011) 0.018(0.0079) 

EPA Reference 

Method 29 of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 
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Effective as of February 15, 2016 

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 

(2) A person who owns or operates a small, medium, or large HMIWI for which construction was commenced after June 

20, 1996 but no later than December 1, 2008, or for which modification commenced after March 16, 1998 but no later than April 

6, 2010, shall comply with the following emission limits. 

Pollutant Units (7 percent

oxygen, dry basis) 

Emission limits

HMIWI size Test Method Averaging 

Time1

Small Medium Large 

Particulate 

matter 

Milligrams per dry standard 

cubic meter (grains per dry 

standard cubic foot) 

66 

(0.029) 34 (0.015) 25 (0.011) 

EPA Reference Method 5 of 

Appendix A-3 of 40 CFR 

Part 60, or EPA reference 

Method 26A or 29 of 

Appendix A-8 of 40 CFR 

Part 60 

3 run average 

(1 hr 

minimum 

sample time 

per run) 

Opacity 6 minute block average percent 6 6 6 

EPA Method 9 and PM 

CEMS. Alternative use of 

PM CEMS as stipulated 

under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, 

Appendix A-4 or Bag leak 

detection system 

6 minute 

block average 

Carbon 

monoxide Parts per million by volume 20 5.5 11 

EPA Reference Method 10 of 

Appendix A-4 of 40 CFR 

Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Dioxins/furans 

Nanograms per dry standard 

cubic meter total dioxins/furans 

(grains per billion dry standard 

cubic feet) or nanograms per 

dry standard cubic meter TEQ 

(grains per billion dry standard 

cubic feet) 

16 (7.0) 

or0.013 

(0.0057) 

0.85 

(0.37) 

or0.020 

(0.0087) 

9.3 (4.1) 

or 0.054 

(0.024) 

EPA Reference Method 23 of 

Appendix A-7 of 40 CFR 

Part 60 

3 run 

average(4 hr 

minimum 

sample time 

per run) 

Hydrogen 

chloride 

Parts per million by volume or 

percent reduction 

15 or 

99% 7.7 6.6 

EPA Reference Method 26 or 

26A of Appendix A-8 of 40 

CFR Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Sulfur dioxide Parts per million by volume 4.2 4.2 9.0 

EPA Reference Method 6 or 

6C of Appendix A-4 of 40 

CFR Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 
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Effective as of February 15, 2016 

Pollutant Units (7 percent

oxygen, dry basis) 

Emission limits

HMIWI size Test Method Averaging 

Time1

Small Medium Large 

Nitrogen 

oxides Parts per million by volume 190 190 140 

EPA Reference Method 7 or 

7E of Appendix A-4 of 40 

CFR Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Lead 

Milligrams per dry standard 

cubic meter (grains per 

thousand dry standard cubic 

feet) 

0.31 

(0.14) 

0.018 

(0.0079) 

0.036 

(0.016) 

EPA Reference Method 29 of 

Appendix A-8 of 40 CFR 

Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Cadmium 

Milligrams per dry standard 

cubic meter (grains per 

thousand dry standard cubic 

feet) 

0.017 

(0.0074) 

0.013 

(0.0057) 

0.0092 

(0.0040) 

EPA Reference Method 29 of 

Appendix A-8 of 40 CFR 

Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Mercury 

Milligrams per dry standard 

cubic meter (grains per 

thousand dry standard cubic 

feet) 

0.014 

(0.0061) 

0.025 

(0.011) 

0.018 

(0.0079) 

EPA Reference Method 29 of 

Appendix A-8 of 40 CFR 

Part 60 

3 run average 

(1 hr 

minimum 

sample time 

per run) 

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 

(3) Waste Management Plan. 

(a) A person who owns or operates an HMIWI subject to §B of this regulation shall prepare a Waste Management Plan 

that identifies the feasibility and the approach to solid waste segregation or material substitution to reduce the amount of toxics 

emissions. 

(b) The Waste Management Plan shall meet the requirements of 40 CFR §60.55c. 

(c) A revised Waste Management Plan shall be submitted to the Department within 60 days of completion of the required 

initial compliance tests under this regulation. 

(4) Compliance and Performance Testing. 

(a) A person who owns or operates an HMIWI subject to §B of this regulation shall complete the initial and subsequent 

tests which meet the conditions and requirements using test methods and procedures listed under 40 CFR §§60.56c(b)(1) to (b)(6) 

and (b)(9) to (b)(14), except for annual fugitive and CO emissions testing requirements, which shall comply with 40 CFR 

§§60.56c(c)(3) and (4). 

(b) In addition to the specified test method, compliance with the emissions limits in §B may be demonstrated by use of 

CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 

(5) Monitoring Requirements. A person who owns or operates an HMIWI subject to §B of this regulation shall comply with 

the monitoring requirements under 40 CFR §60.57c. 

(a) Exemptions. A person may elect to use the exemptions listed under 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6), 

(c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h) for HMIWI units subject to .08-2B(1). 

(b) Alternative Compliance Option. A person may elect to use CO CEMS as specified under 40 CFR §60.56c(c)(4) or 

bag leak detection systems as specified under 40 CFR §60.57c(h). 
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(6) Reporting and Record-Keeping Requirements. A person who owns or operates an HMIWI subject to §B of this 

regulation shall report to the Department and EPA and maintain records in accordance with the requirements listed in 40 CFR 

Part 60.58c(b)through (g), excluding 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii),(b)(2)(xviii) and (b)(2)(xix). 

C. Emission Limits and Requirements for Small Rural Area HMIWIs. 

(1) A person who owns or operates a small rural area HMIWI for which construction was commenced on or before June 20, 

1996, or for which modification commenced on or before March 16, 1998, shall comply with the following emission limits. 

Pollutant Units (7 percent

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

Particulate 

matter 

Milligrams per dry standard cubic meter 

(grains per dry standard cubic foot) 

197 

(0.086)

EPA Reference Method 5 of Appendix 

A-3 of 40 CFR Part 60, or EPA 

reference Method 26A or 29 of 

Appendix A-3 of 40 CFR Part 60 

3 run average (1 

hr minimum 

sample time per 

run) 

Opacity 6 minute block average percent 10

EPA Method 9 and PM CEMS. 

Alternative use of PM CEMS as 

stipulated under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, Appendix A4 or Bag leak detection system 

6 minute block 

average 

Carbon 

monoxide Parts per million by volume 40 EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Dioxins/furans 

Nanograms per dry standard cubic meter 

total dioxins/furans (grains per billion dry 

standard cubic feet) or Nanograms per dry 

standard cubic meter TEQ (grains per 

billion dry standard cubic feet) 

800 (350) 

or 15 (6.6)

EPA Reference Method 23 of 

Appendix A-7 of 40 CFR Part 60

3 run average(4 

hr minimum 

sample time per 

run) 

Hydrogen 

chloride 

Parts per million by volume or percent 

reduction 3,100 EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Sulfur dioxide Parts per million by volume 55 EPA Reference Method 6 or 6C of 

Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Nitrogen 

oxides Parts per million by volume 250 EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Lead 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

10 (4.4) EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of February 15, 2016 

Pollutant Units (7 percent

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

Cadmium 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

4 (1.7) EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Mercury 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

7.5 (3.3) EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 

(2) A person who owns or operates a small rural area HMIWI for which construction commenced after June 20, 1996 but no 

later than December 1, 2008, or for which modification was commenced after March 16, 1998 but no later than April 6, 2010, 

shall comply with the following emission limits. 

Pollutant Units (7 percent

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

Particulate 

matter 

Milligrams per dry standard cubic meter 

(grains per dry standard cubic foot) 87 (0.038)

EPA Reference Method 5 of Appendix 

A-3 of 40 CFR Part 60, or EPA 

reference Method 26A or 29 of 

Appendix A-3 of 40 CFR Part 60 

3 run average (1 

hr minimum 

sample time per 

run) 

Opacity 6 minute block average percent 6

EPA Method 9 and PM CEMS. 

Alternative use of PM CEMS as 

stipulated under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, Appendix A4 or Bag leak detection system 

6 minute block 

average 

Carbon 

monoxide Parts per million by volume 20 EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Dioxins/furans 

Nanograms per dry standard cubic meter 

total dioxins/furans (grains per billion dry 

standard cubic feet) or Nanograms per dry 

standard cubic meter TEQ (grains per 

billion dry standard cubic feet) 

240 (100) 

or 5.1 (2.2)

EPA Reference Method 23 of 

Appendix A-7 of 40 CFR Part 60 

3 run average(4 

hr minimum 

sample time per 

run) 

Hydrogen 

chloride 

Parts per million by volume or percent 

reduction 810 EPA Reference Method 26 or 26A of Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Sulfur dioxide Parts per million by volume 55 EPA Reference Method 6 or 6C of 

Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 
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Effective as of February 15, 2016 

Pollutant Units (7 percent

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

Nitrogen 

oxides Parts per million by volume 130 EPA Reference Method 7 or 7E of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Lead 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

0.5 (0.22) EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Cadmium 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

0.114 

(0.048)

EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Mercury 

Milligrams per dry standard cubic meter 

(grains per thousand dry standard cubic 

feet) 

0.0051 

(0.0022)

EPA Reference Method 29 of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum

sample time per 

run) 

1Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. 

(3) Waste Management Plan. 

(a) A person who owns or operates a small rural area HMIWI subject to §C of this regulation shall prepare a Waste 

Management Plan that identifies the feasibility and the approach to solid waste segregation or material substitution to reduce the 

amount of toxics emissions. 

(b) The Waste Management Plan shall meet the requirements of 40 CFR Part §60.55c. 

(c) A revised Waste Management Plan shall be submitted to the Department within 60 days of completion of the required 

initial compliance tests under this regulation. 

(4) Compliance and Performance Testing. 

(a) A person who owns or operates a small rural area HMIWI shall conduct the performance test in accordance with 40 

CFR Part §60.56c, with the following requirement and exemptions: 

(i) The compliance test load and frequency shall be conducive to meeting the 2000 lbs/week limitation. 

(ii) For an HMIWI subject to §C(1) of this regulation, the test methods listed in 40 CFR §§60.56c(b)(7),(8), 

(12),(13)(Pb and Cd), and (14) and the annual PM, CO, and HCl emissions testing requirements under 40 CFR §60.56c(c)(2) and 

the fugitive emissions testing requirements under 40 CFR §60.56c(c)(3) do not apply. 

(iii) For an HMIWI subject to §C(2) of this regulation the annual fugitive emissions testing requirements under 40 

CFR §60.56c(c)(3) do not apply. 

(b) A person who owns or operates a small rural area HMIWI not equipped with an air pollution control device shall: 

(i) Establish the maximum charge rate and minimum secondary chamber temperature as site-specific operating 

parameters during the initial performance test to determine compliance with applicable emission limits as required in 40 CFR 

§60.37e(b)(2). 

(ii) Following the date on which the initial performance test is completed, an owner operator may not operate above 

the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated 

each hour as the average of the previous 3 operating hours) at any time, except during performance tests. 
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Effective as of February 15, 2016 

(iii) Except as provided in §C(5)(b)(iii) of this regulation, operation of a small rural area HMIWI above the maximum 

charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously 

shall constitute a violation of the PM, CO, and dioxin/furan emission limits. 

(iv) Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute 

a violation of the established operating parameters. 

(v) The owner or operator may conduct a repeat performance test within 30 days of violation of any applicable 

operating parameter to demonstrate that the HMIWI is not in violation of the applicable emission limit. 

(vi) Repeat performance tests conducted pursuant to §C(4)(b)(v) of this regulation shall be conducted after notification 

to the Department. 

(c) In addition to the specified test method, compliance with the emissions limits in §C may be demonstrated by use of 

CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 

(5) Monitoring Requirements. 

(a) A person who owns or operates a small rural area HMIWI shall comply with 40 CFR Part §60.57c. 

(b) A person who owns or operates a small rural area HMIWI without an air pollution control device shall comply with 

the following requirements: 

(i) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the 

temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every 

minute throughout operation; 

(ii) Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures 

and records the date, time, and weight of each charge fed into the HMIWI; and 

(iii) At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and 90 

percent of the operating hours per calendar quarter that the HMIWI is combusting hospital waste or medical/infectious waste, or 

both. 

(c) Exemptions. 

(i) For an HMIWI subject to the requirements of §C(1) of this regulation, the CO CEMS requirements under 40 CFR 

§60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5) through (7) and (d) through (k) 

do not apply. 

(ii) For an HMIWI subject to the requirements of §C(2) of this regulation, CO CEMS requirements under 40 CFR 

§60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6) through 

(10), (e)(6) through (10), (f)(7) through (10), and g(6) through (10) do not apply. 

(6) Reporting and Record-Keeping. A person who owns or operates a small rural area HMIWI shall: 

(a) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed 

within10 days of an inspection or the time frame established by the Department; and 

(b) Submit a report signed by the facility manager containing the information recorded under §B(6)(a) of this regulation 

in accordance with the following schedule: 

(i) For a source subject to the permitting requirements under Title V of the federal Clean Air Act, the report shall be 

submitted semiannually. 

(ii) For a source other than one subject to Title V of the federal Clean Air Act, the report shall be submitted annually, 

and not later than 60 days following the year in which the data was collected. 

(c) Those records required by 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii), (b)(2)(xviii), and (b)(2)(xix), and (b)(7) are 

not required under §C(6) of this regulation. 

D. Equipment Inspection Requirements. 
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Effective as of February 15, 2016 

(1) Each HMIWI shall undergo by June 15, 2012 an initial equipment inspection and subsequent annual inspections that at a 

minimum include the following: 

(a) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as 

necessary; 

(b) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary; 

(c) Inspect hinges and door latches, and lubricate as necessary; 

(d) Inspect dampers, fans, and blowers for proper operation; 

(e) Inspect HMIWI door and door gaskets for proper sealing; 

(f) Inspect motors for proper operation; 

(g) Inspect primary chamber refractory lining; clean and repair or replace lining as necessary; 

(h) Inspect incinerator shell for corrosion or hot spots, or both; 

(i) Inspect secondary/tertiary chamber and stack and clean as necessary; 

(j) Inspect mechanical loader, including limit switches, for proper operation, if applicable; 

(k) Visually inspect waste bed (grates), and repair or seal, as appropriate; 

(l) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any 

necessary adjustments; 

(m) Inspect air pollution control device or devices for proper operation, if applicable; 

(n) Inspect waste heat boiler systems to ensure proper operation, if applicable; 

(o) Inspect bypass stack components; 

(p) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 

(q) Generally observe that the equipment is maintained in good operating condition. 

(2) Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner 

or operator obtains written approval from the Department for a different date to complete all necessary repairs. 

(3) Each HMIWI shall undergo an equipment inspection annually (within 12 months following the previous annual 

equipment inspection), in accordance with the requirements of §D(1) of this regulation. 

(4) The control device of an HMIWI shall undergo by June 15, 2012, an initial inspection that at a minimum includes the 

following: 

(a) Inspect air pollution control device(s) for proper operation, if applicable; 

(b) Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; 

(c) Generally observe that the equipment is maintained in good operating condition; and 

(d) Within 10 operating days following an air pollution control device inspection, all necessary repairs shall be completed 

unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary repairs of 

the designated facility shall be completed. 

(5) The control device of HMIWI shall undergo an inspection annually (within 12 months following the previous annual 

inspection), in accordance with the requirements of §D(4) of this regulation. 

E. Compliance Schedules. 

(1) A person who owns or operates a HMIWI subject to this regulation shall: 

(a) Comply with all the requirements of §E of this regulation and related 40 CFR Part 62, Subpart V revision 

requirements by June 15, 2012 or as expeditiously as practicable; or 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of February 15, 2016 

(b) Submit to the Department and the EPA for approval, a compliance plan by December 15, 2011 that includes the 

following increments of progress: 

(i) Award contracts for control systems or process modifications or orders for purchase of components no later than 

June 15, 2012; 

(ii) Initiate on-site construction or installation of the air pollution control device(s) or process changes no later than 

December 15, 2012; 

(iii) Complete on-site construction or installation of control equipment or process changes by no later than December 

15, 2013; 

(iv) Comply with the requirements of this regulation and related 40 CFR Part 62, Subpart V revision as expeditiously 

as practicable, but no later than October 6, 2014; and 

(v) Complete the compliance testing within 180 days after the final compliance date. 

(2) A person who anticipates an inability to comply with the interim compliance dates described in §E(1)(b)(i)—(iii) of 

this regulation may submit to the Department and the EPA an alternative compliance plan designed to achieve compliance with 

§E(1)(b)(iv)—(v) of this regulation, and shall be bound by such plan upon the Department’s and the EPA's approval. 

F. Compliance Based on Previous Test Results. A person who owns or operates an HMIWI or a small rural area HMIWI 

subject to this regulation may use previous emissions tests to demonstrate compliance with the requirements of this regulation 

provided: 

(1) The test was conducted using the applicable procedures and test methods listed in 40 CFR §60.56c(b) or EPA-accepted 

voluntary consensus standards; 

(2) The HMIWI is to be operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that would be 

expected to result in the same or lower emissions than observed during the previous emissions test(s); 

(3) The HMIWI has not been modified such that emissions would be expected to exceed (notwithstanding normal test-totest variability) the results from previous emissions test(s); and 

(4) The previous emissions test(s) were conducted in 1996 or later. 

G. HMIWI Shutdown. 

(1) A person who owns or operates a HMIWI and plans to shutdown rather than comply with the requirements of this 

regulation and amended 40 CFR Part 60 Subpart Ce shall cease operations by June 15, 2012, but not later than October 6, 2014, 

as provided in §G(2) of this regulation. 

(2) A request for an extension of the June 15, 2012 cease operation deadline shall be submitted to the Department by April 

30, 2012 and contain the following information: 

(a) Documentation of the analysis undertaken to support the need for an extension, including a justification for the length 

of the period of the extension; 

(b) An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal 

facility on a temporary or permanent basis; and 

(c) A plan that documents measurable and enforceable incremental steps of progress to be taken towards permanent 

facility closure no later than October 6, 2014. 

H. Shut-Down Extension Requests for the Installation of Alternative Treatment Technologies. A person who owns or operates 

an HMIWI and requests an extension to install alternative treatment technologies shall: 

(1) Submit by April 30, 2012 a request to the Department to install alternative treatment technology; 

(2) Initiate onsite construction or installation of alternative technology by December 15, 2012; 

(3) Complete onsite construction or installation by December 15, 2013; 

(4) Shut down the existing HMIWI as expeditiously as practicable but no later than October 6, 2014; and 

(5) Render the existing HMIWI inoperative as expeditiously as practicable. 
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Effective as of February 15, 2016 

.09 Incinerator Operator Training. 

A. Applicability. This regulation applies to any person in this State who owns or operates an incinerator. 

B. Certification and Operation. A person may not operate or allow an incinerator to be operated unless the owner certifies to 

the Department on a form provided by the Department that the incinerator operator: 

(1) Has completed an initial training course approved by the Department which meets the requirements of §C or D of this 

regulation; 

(2) Annually, after initial certification, completes a review course approved by the Department; and 

(3) Is present at all times whenever the incinerator is in operation. 

C. Training Course for Operators of Special Medical Waste or Industrial Waste Incinerators. 

(1) For any incinerator operator who operates a special medical waste incinerator or an industrial waste incinerator, the 

training course shall be the "Hospital Incinerator Operator Training Course" Volumes I—III (EPA-450/3-89-003, EPA-450/3-89-

004, and EPA-450/3-89-010, respectively), Control Technology Center, March 1989, which is incorporated by reference, and 

"Operation and Maintenance of Hospital Medical Waste Incinerators" (EPA-450/3-89-002), Control Technology Center, March 

1989, which is incorporated by reference. 

(2) For the operator of any special medical waste incinerator or an industrial waste incinerator, completing a training course 

means: 

(a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and 

(b) Passing a written test approved by the Department. 

(3) The certified operator shall, after initial training, complete and pass an annual review course approved by the 

Department of at least 1 day (8 hours) duration. 

(4) For an HMIWI subject to the requirements of this chapter, a person is qualified to operate an HMIWI if the person 

passes the training course required in §C(2) and (3) of this regulation and complies with the requirements in 40 CFR §60.53(c)(d). 

(5) An owner or operator of an HMIWI shall maintain documentation of training (operator training manual) on site and 

update the documentation annually at the time of the annual review course. The documentation shall be as specified in 40 CFR 

§60.53c(h). 

(6) The requirements of §C(5) of this regulation shall be effective March 1, 2001. 

D. Training Course for Operators of Municipal Waste Combustors, Sewage Sludge Incinerators, and Hazardous Waste 

Incinerators. 

(1) For any incinerator operator who operates a municipal waste combustor (MWC), sewage sludge incinerator (SSI), or 

hazardous waste incinerator (HWI), the training course shall address the following subjects in detail: 

(a) Overall operation, maintenance, and performance of the facility; 

(b) Start-up and shut-down of the facility; 

(c) Applicable federal, State, and local environmental regulations, and sanctions for violation; 

(d) Policies and procedures for proper and safe plant operations; 

(e) Maintaining records of facility operations; 

(f) Actions to correct upsets or emergencies; 

(g) Control room operations; 

(h) Ash handling and disposal; 

(i) Combustion theory; 

(j) Air pollution control technology; and 

(k) Continuous emission monitors and their calibration, and quality assurance requirements. 
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Effective as of February 15, 2016 

(2) For the operator of any municipal waste combustor (MWC) or hazardous waste incinerator (HWI), completing a training 

course means: 

(a) Completing an initial training course approved by the Department of at least 5 days (40 hours) duration; and 

(b) Passing a written test approved by the Department. 

(3) For the operator of any sewage sludge incinerator (SSI), completing a training course means: 

(a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and 

(b) Passing a written test approved by the Department. 

(4) The certified operator shall, after initial training, complete and pass an annual review course approved by the 

Department of at least 1 day (8 hours) duration. 

E. Application for Approval of a Training Course. 

(1) A person may apply for approval of a training course for operators of a special medical waste incinerator or an industrial 

waste incinerator by submitting a written application to the Department on a form provided by the Department. 

(2) A person may apply for approval of a training course for operators of a municipal waste combustor, sewage sludge 

incinerator, or hazardous waste incinerator by submitting a written application to the Department and a copy of the training 

materials which meet the requirements of §D(1) of this regulation. 

(3) The application shall include the following: 

(a) The names and qualifications of persons who will conduct the training and evaluate test results; 

(b) A description of the training facilities and equipment to be used in conducting the training; 

(c) A copy of the test to be administered; and 

(d) A description of the curriculum satisfying the requirements of §C(1) or D(1) of this regulation. 

F. Action on an Application for a Training Course. 

(1) The Department shall acknowledge receipt of an application for approval of a training course within 10 days after 

receiving the application. 

(2) The Department shall act on an application within 60 days after the application is complete. 

(3) The Department shall approve a training course if it meets the following: 

(a) The course substantially satisfies the course contents described in §C or D of this regulation and is updated annually; 

(b) The test to be administered is adequate to show that the operator is capable of operating an incinerator safely and 

properly; 

(c) The person who conducts the training course owns or has access to a classroom facility to conduct classroom training; 

(d) The applicant owns or has access to incineration equipment that is similar in design to the equipment for which 

operators will be trained; 

(e) The applicant provides staff that is experienced in training or teaching or experienced in organizing and coordinating 

technical training courses; 

(f) The applicant has direct knowledge of the principles of combustion and incineration or a similar technical field; 

(g) The applicant is familiar with the design, operation, and maintenance of air pollution control devices and equipment 

and instruments used to monitor air pollutants; 

(h) The applicant provides staff that is capable of conducting hands-on training and a staff that is familiar with 

incinerator design features and variability in design parameters; and 

(i) The applicant has the ability to evaluate test results and hands-on training to determine whether a person is adequately 

trained to operate an incinerator. 

(4) The Department may deny or revoke approval of a training course under the following conditions: 

(a) The course does not substantially satisfy the required course contents; 
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Effective as of February 15, 2016 

(b) The Department determines that the course instructors are not qualified to conduct the training; or 

(c) The documentation or other information provided by the applicant pertaining to training or testing is fraudulent. 

G. Records and Notification. Within 10 days after training is complete, the person who conducts an approved incinerator 

operator training course shall: 

(1) Notify the Department, in writing, of the names, employee identification numbers, and employer of those incinerator 

operators who have successfully completed the training course; and 

(2) Provide a certificate to each incinerator operator who has satisfactorily completed the training course and has passed the 

required examination. 

H. Operations and Maintenance Manual. 

(1) The owner or operator of a large MWC as defined in Regulation .01B(5-1) of this chapter shall develop and maintain 

on-site an operations and maintenance manual that contains, at a minimum, all of the course content requirements in §D(1) of this 

regulation and in 40 CFR §60.54b(e). 

(2) The operations and maintenance manual shall be updated annually. 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulations .01B, .04A and B, and .05A and B amended; .01D and .06 adopted effective March 25, 1984 (11:3 Md. R. 202) 

Regulations .01C, .03A, .04C, and .05A amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .01, .03, .04, and .05 amended effective December 3, 1984 (11:22 Md. R. 1899) 

Regulation .05A amended effective January 18, 1982 (8:25 Md. R. 1995) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.08 to COMAR 26.11.08 

Regulation .01 amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); 

November 17, 1997 (24:23 Md. R. 1612) 

Regulation .01B amended effective April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); October 8, 2007 (34:20 Md. R. 1741); April 2, 

2012 (39:6 Md. R. 411); February 15, 2016 (43:3 Md. R. 273) 

Regulation .02 amended effective December 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612) 

Regulation .02B amended effective November 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .02D, E amended effective October 8, 2007 (34:20 Md. R. 1741) 

Regulation .02G amended effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .02I adopted effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .03C amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689) 

Regulation .04A amended effective November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707) 

Regulation .04C amended effective November 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653) 

Regulation .04D adopted effective February 15, 2016 (43:3 Md. R. 273) 

Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); 

September 12, 2005 (32:18 Md. R. 1522) 

Regulation .05B amended effective April 22, 1991 (18:6 Md. R. 689) 

Regulation .07 adopted effective December 2, 1988 (15:22 Md. R. 2556) 

Regulation .07 amended effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .07, Requirements for Certain Municipal Waste Combusters, renamed, Requirements for Municipal Waste Combustors with a Capacity of 35 Tons 

or Greater Per Day and Less Than or Equal To 250 Tons Per Day, effective February 15, 2016 (43:3 Md. R. 273) 

Regulation .07A amended effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .07D amended effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .07E amended effective July 16, 1990 (17:11 Md. R. 1344); July 22, 1991 (18:13 Md. R. 1484); August 19, 1991 (18:16 Md. R. 1813); November 

17, 1997 (24:23 Md. R. 1612) 

Regulation .07 repealed and new Regulation .07 adopted effective September 12, 2005 (32:18 Md. R. 1522) 

Regulation .08 adopted effective November 9, 1990 (17:19 Md. R. 2322); recodified to Regulation .09 and amended effective November 23, 1992 (19:23 Md. 

R. 2042) 
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Effective as of February 15, 2016 

Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .08 repealed and new Regulation .08 adopted effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .08 amended effective October 8, 2007 (34:20 Md. R. 1741); February 15, 2016 (43:3 Md. R. 273) 

Regulation .08C, D amended effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .08-1 adopted effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .08-1A, B amended effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .08-2E amended as an emergency provision effective July 4, 2012 (39:17 Md. R. 1146); amended permanently effective November 26, 2012 (39:23 

Md. R. 1533) 

Regulation .09B, C amended effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .09D amended effective January 1, 1996 (22:26 Md. R. 2032) 

Regulation .09F amended effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .09H amended effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .10 adopted effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .10 repealed effective November 17, 1997 (24:23 Md. R. 1612) 
26.11.09 Page 1 

Effective as of July 20, 2015 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 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. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Annual combustion analysis" means the measurement of CO and O2 in the flue gas at the normal operating load and 

calculation of minimum excess air. 

(1-1) Biomass. 

(a) “Biomass” means solid organic material that can be combusted for use as fuel including the following: 

(i) Wood residue and wood products such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, 

scraps, slabs, millings, and shavings; 

(ii) Animal manure, including litter and other bedding materials; 

(iii) Vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff 

(e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and ground; and 

(iv) Any solid organic material that has been approved by the Department, on a case-by-case basis, utilizing the 

criteria established by EPA and set forth in 40 C.F.R. 241.3, as amended. 

(b) This definition of biomass is not intended to suggest that these materials are or are not solid waste. 

(1-2) "Capacity factor" means: 

(a) The ratio between the actual heat input to fuel burning equipment from the fuels burned during a year and the 

potential heat input if it had been operating for 8,760 hours during the year at the maximum steady state design heat input 

capacity; or 

(b) The ratio of the unit's actual annual electric output, in megawatt hours, to the unit's name plate capacity multiplied by 

8,760 hours. 

(c) For the purpose of this chapter, the selected method of determining the capacity factor of a unit shall apply 

continuously and is determined on a monthly rolling basis for each consecutive 12-month period. 

(d) When either of the procedures in §B(1-1)(a) or (b) of this regulation is selected to determine the capacity factor of a 

unit, that same procedure shall apply for that unit. 

(2) "Clean wood" means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with 

any substance, including but not limited to copper chromium arsenate, creosote, or pentachlorophenol. 

(3) "Distillate fuel oil" means all American Society for Testing and Materials numbered fuel oils other than residual. 

(4) "Fuel" means: 

(a) Coal or any other fossil fuel; 

(b) Waste combustible fluid or used oil that has been approved by the Department to be burned as a fuel in accordance 

with Regulation .10 of this chapter; and 

(c) Biomass as defined in this regulation, or approved by the Department. 

(5) "Gas" means any gaseous fuel that can be used to create useful heat or mechanical energy including: 

(a) Natural gas or propane; 

(b) Gaseous fuels produced synthetically; 
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(c) Gaseous substances derived from the decomposition of organic matter; or 

(d) Gaseous substances derived as a byproduct of a manufacturing process. 

(6) "High heat release unit" means fuel burning equipment that is designed with an area heat release rate of 1,400,000 Btu 

per hour per square foot or greater. 

(7) "Interruptible gas service" means a gas service negotiated between the user and a utility company under the jurisdiction 

of the Maryland Public Service Commission in which the utility company reserves the right upon determining that gas supplies 

are inadequate for normal distribution: 

(a) To interrupt the gas supply after notification; or 

(b) To limit the gas supply by automatic interruption. 

(8) "Operating time" means, for the purpose of determining compliance or non-compliance with this chapter, the actual time 

in hours that an affected unit operates, beginning when operation of the draft fans is established and ending when feed of the 

primary fuel to the combustion chamber is discontinued. 

(9) "Manufacturer" means a person who imports, manufactures, assembles, or produces a small wood boiler. 

(10) "Off-specification used oil" means used oil that exceeds one or more of the specifications in Regulation .10B of this 

chapter. 

(11) "On-specification used oil" means used oil that meets all of the specifications in Regulation .10B of this chapter. 

(12) "Residual fuel oil" means that fuel oil that meets the specifications of the American Society for Testing and Materials 

for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 

(13) "Rotary cup burner" means a fuel oil burner which employs a rotating cup to atomize and mix fuel oil with air for 

combustion. 

(14) "Small wood boiler" means a fuel-burning device: 

(a) With a rated thermal output of less than 350,000 Btu per hour; 

(b) Designed to burn clean wood or other approved solid fuels; 

(c) That the manufacturer specifies for outdoor installation or indoor installation; and 

(d) That distributes heated fluid through pipes for the purpose of supplying heat and/or hot water to building spaces. 

(15) "Space heater" means fuel-burning equipment that consumes more than 60 percent of its annual fuel during the period 

from October 31 of one year through March 31 of the following year. For the purpose of this regulation, annual fuel use is the 

total fuel consumed during the period October 1 of one year to September 30 of the following year, beginning October 1, 1989. 

(16) "System" means all combustion equipment owned or operated by a single business entity. 

(17) "Used oil" means oil that has been refined from crude oil, or any synthetic oil, that has been used and, as result of the 

use, is contaminated by physical or chemical impurities. 

(18) "Waste combustible fluid (WCF)" means a fluid waste material that: 

(a) Is not used oil; 

(b) Has been approved by the Department in accordance with the requirements in COMAR 26.13.02 to be burned as fuel 

in any fuel-burning equipment or other installation; and 

(c) Has a heating value of 6,000 Btu or more per pound. 

.02 Applicability. 

A. Any source which is subject to the provision of this chapter is also subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific installation which differs from the general emission standards in 

COMAR 26.11.06.01—.09, this chapter takes precedence. 

B. A person who proposes to burn as fuel any used oil or WCF that contains quantifiable levels of PCB (2ppm) may also be 

subject to federal requirements under 40 CFR 761. 
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.03 General Conditions for Fuel-Burning Equipment. 

A. When two or more fuel-burning equipment units are connected to a single stack, the combined heat input of all units 

connected to the stack shall be used to determine the allowable emissions for the stack. 

B. When a single fuel-burning equipment unit is connected to two or more stacks, the allowable emissions from all the stacks 

combined may not exceed that allowable for the same unit if connected to a single stack. 

C. Calculations. 

(1) All calculations of particulate matter emissions to determine compliance with a concentration requirement expressed as 

grains per standard cubic foot or milligrams per cubic meter of dry exhaust gas, shall be corrected to 50 percent excess air. 

(2) All calculations of particulate matter emissions to determine compliance with a mass emissions requirement expressed 

as pounds particulate matter per million Btu, shall be made in accordance with the procedures for determining particulate matter 

emission rates in 40 CFR Part 60 Appendix A, Method 19.

.04 Prohibition of Certain New Fuel-Burning Equipment. 

A. Areas I, II, V, and VI. Except as provided in Regulation .11 of this chapter, the following apply in Areas I, II, V, and VI: 

(1) A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace 

has a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual oil may not be used at any time in any of 

this fuel-burning equipment having a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. 

(2) Except as provided in §C, of this regulation: 

(a) A person may not construct solid fuel-burning equipment that has a rated heat input of less than 13 million Btu (13.7 

gigajoules) per hour. 

(b) A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972, having a 

rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. 

(3) A person may not construct fuel-burning equipment fitted with a rotary cup burner or replace a burner with a rotary cup 

burner. 

B. Areas III and IV. Except as provided in Regulation .11 of this chapter, the following apply in Areas III and IV: 

(1) A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace 

has a heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual fuel oil may not be used at any time in any such 

furnace having a heat input rate of less than 13 million Btu (13.7 gigajoules) per hour. 

(2) Except as provided in §C, of this regulation: 

(a) A person may not construct solid fuel-burning equipment that has a rated heat input of less than 35 million Btu (37 

gigajoules) per hour. 

(b) A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972 having a 

rated heat input of less than 35 million Btu (37 gigajoules) per hour. 

(3) A person may not construct fuel-burning equipment designed to burn fuel oil with a rotary cup burner or replace a 

burner on fuel-burning equipment with a rotary cup burner. 

C. Exceptions. 

(1) Fuel-Burning Equipment on Ships and Biomass Fuel-Burning Equipment. 

(a) New fuel-burning equipment on ships is exempt from §§A(1) and B(1) of this regulation. 

(b) The provisions of §§A and B of this regulation do not apply to fuel-burning equipment installed after May 1, 2014 

that burns only biomass fuels. 

(2) General. The Department may grant an exception to the prohibitions in §A(2) or §B(2), of this regulation, if the 

Department determines that: 

(a) There will be no violation of ambient air quality standards or Prevention of Significant Deterioration (PSD) 

requirements; 
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(b) There will be no violation of applicable emission standards; 

(c) There is minimum potential for creation of a nuisance; and 

(d) There is reasonable assurance of fuel quality control. 

(3) Application. 

(a) A person may request exception under this section by submitting an application in writing. 

(b) The application shall include the following information: 

(i) Description of the proposed construction or modification, including the type and manufacturer of the fuel-burning 

equipment, fuel specifications, expected annual fuel consumption, type and manufacturer of any control equipment, and stack 

height. 

(ii) A contour map of the area (such as a U.S.G.S. 7.5 minute quadrangle map), a drawing of the property lines, the 

distance to the closest building not owned by the applicant, and a description of the surrounding area including major terrain 

features and building heights within 500 meters of the proposed construction. 

(iii) Any other information requested by the Department. 

(4) Action on an Application. Within 30 days after receipt of a completed application, the Department will either deny the 

request for an exception or notify the applicant of its determination to proceed. 

(5) Opportunity for Public Comment. 

(a) Within 10 days after notification by the Department of a determination to proceed with the application for an 

exception, the applicant shall notify the public by prominent advertisement in at least one newspaper of general circulation in the 

area affected. 

(b) The advertisement shall be at the expense of the applicant, in a format approved by the Department, and shall include 

a brief summary of the nature of the proposed source and a statement that an exception has been requested to allow the use of 

solid fuel, a statement that the public has 30 days to comment on the request for an exception after the advertisement publication 

date, the place where the relevant documents may be inspected, the name of a person to contact for further information, and the 

address to which the comments may be sent. 

(6) Denial or Approval of an Application. 

(a) Within 60 days after the comment period, the Department will issue its final determination in the form of an order. 

(b) The Department will deny an application for an exception if it determines that the proposed use of solid fuel will not 

satisfy the criteria in §C(2), of this regulation. The Department will specify the reasons for the denial. 

(c) If the application is approved, the order will specify any reasonable conditions or special control measures to be taken 

by the source to minimize emissions. 

.05 Visible Emissions. 

A. Fuel Burning Equipment. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person may not cause or permit the discharge of emissions from any 

fuel burning equipment, other than water in an uncombined form, which is greater than 20 percent opacity. 

(2) Areas III and IV. In Areas III and IV, a person may not cause or permit the discharge of emissions from any fuel 

burning equipment, other than water in an uncombined form, which is visible to human observers except that, for the purpose of 

demonstrating compliance using COM data, emissions that are visible to a human observer are those that are equal to or greater 

than 10 percent opacity. 

(3) Exceptions. Section A(1) and (2) of this regulation do not apply to emissions during load changing, soot blowing, 

startup, or adjustments or occasional cleaning of control equipment if: 

(a) The visible emissions are not greater than 40 percent opacity; and 

(b) The visible emissions do not occur for more than 6 consecutive minutes in any sixty minute period. 
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(4) Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is subject 

to the requirement to install and operate a COM shall demonstrate compliance with the applicable visible emissions limitation 

specified in §A(1) and (2) of this regulation as follows: 

(a) For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if visible 

emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4 percent of 

the unit's operating time in any calendar quarter, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units equipped 

with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two (2) six-minute periods; 

(b) For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if visible 

emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 2 percent of 

the unit's operating time in any calendar quarter, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) six-minute periods, except that coal-fired units equipped 

with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods; 

(c) For units with a capacity factor equal to or less than 25 percent that operate more than 300 hours per quarter, 

beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved 

if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 20.0 hours, during which time 

visible emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70 percent for more than four 6-minute periods; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods; and 

(d) For units with a capacity factor equal to or less than 25 percent that operate 300 hours or less per quarter, beginning 

July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during 

a calendar quarter, visible emissions do not exceed the applicable standard for more than 12.0 hours, during which time visible 

emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70.0 percent opacity for more than four 6-minute periods; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods. 

(5) Notwithstanding the requirements in §A(4) of this regulation, the Department may determine compliance and 

noncompliance with the visible emissions limitations specified in §A(1) and (2) of this regulation by performing EPA reference 

Method 9 observations. 
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(6) In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any ambient 

air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, or 63, as amended. 

B. Determining Violations. 

(1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a calendar 

quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as applicable, exceeds the 

emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a separate day of violation. 

(2) A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), of this 

regulation, as applicable, that occur on the same day shall constitute separate violations. 

(3) A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation. 

C. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning equipment 

subject to any federal requirement that mandates operation of a COM and as provided in §D of this regulation, the owner or 

operator of fuel burning equipment required to install and operate a COM may discontinue the operation of the COM on fuel 

burning equipment that is served by a flue gas desulfurization device: 

(1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment; 

(2) When the flue gas desulfurization device serving the equipment is in operation; 

(3) If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, as 

amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from the equipment 

and would impede the accuracy of opacity measurements; and 

(4) If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring opacity 

levels and particulate matter emissions from the stack that includes: 

(a) A schedule for monthly observations of visible emissions from the stack by a person trained to perform Method 9 

observations; and 

(b) Installation and operation of a particulate matter CEM that complies with all applicable State and federal 

requirements for particulate matter CEMs. 

D. If, for units equipped with a flue gas desulfurization device, emissions bypass the device and are discharged through a 

bypass stack, the bypass stack shall be equipped with a COM approved by the Department. 

E. Stationary Internal Combustion Engine Powered Equipment. 

(1) Definitions. For the purpose of this section: 

(a) "Idle" means the condition during which the engine is not performing the useful net work that enables the piece of 

equipment to accomplish its designated purpose. 

(b) "Internal combustion engine" (hereafter "engine") means all engines except those used for propulsion of ships or 

vehicles licensed to operate upon the public highway within the State, or engines employed solely for agricultural and recreational 

purposes unless they are an integral part of a stationary installation. 

(2) Emissions During Idle Mode. A person may not cause or permit the discharge of emissions from any engine, operating 

at idle, greater than 10 percent opacity. 

(3) Emissions During Operating Mode. A person may not cause or permit the discharge of emissions from any engine, 

operating at other than idle conditions, greater than 40 percent opacity. 

(4) Exceptions. 

(a) Section E(2) of this regulation does not apply for a period of 2 consecutive minutes after a period of idling of 15 

consecutive minutes for the purpose of clearing the exhaust system. 

(b) Section E(2) of this regulation does not apply to emissions resulting directly from cold engine start-up and warm-up 

for the following maximum periods: 

(i) Engines that are idled continuously when not in service: 30 minutes; 

(ii) All other engines: 15 minutes. 
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(c) Section E(2) and (3) of this regulation do not apply while maintenance, repair, or testing is being performed by 

qualified mechanics. 

.06 Control of Particulate Matter. 

A. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI: 

(1) Fuel Burning Equipment Constructed Before January 17, 1972. A person may not cause or permit particulate matter 

caused by the combustion of solid fuel or residual oil in the fuel burning equipment erected before January 17, 1972, to be 

discharged into the atmosphere in excess of the amounts shown in Figure 1. 

(2) New Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid 

fuel or residual oil in any fuel burning equipment erected on or after January 17, 1972, to be discharged into the atmosphere in 

excess of the amounts shown in Figure 2. 

(3) Exceptions. 

(a) The control officer may grant exceptions to §A(1) of this regulation under the following conditions: 

(i) When the application of §A(1), of this regulation, to a residential building housing two or less families creates 

undue economic hardship on individuals residing in it; or 

(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system 

such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted 

circulating heaters, fireplaces, or similar devices. 

(b) Fuel burning equipment on ships is exempt from the provisions of this regulation. 

(c) The requirements in Figure 1 and Figure 2 of this chapter do not apply to fuel-burning equipment burning gas or 

distillate oil. 

B. Areas III and IV. The following apply in Areas III and IV: 

(1) Dust-Collector Devices Required. 

(a) A person may not cause or permit the combustion of residual fuel oil in fuel burning equipment unless the equipment 

is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, 

residence time, and particle retention to satisfy the requirements of Table 1. This paragraph does not apply to fuel burning 

equipment where by-product gases or by-product gases in combination with residual fuel oil are burned and where the effluent 

gases do not contain particulate matter in excess of the requirements of Table 1, as applicable to residual oil burning. 

(b) A person may not cause or permit the combustion of solid fuel in fuel burning equipment unless the equipment is 

fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, 

residence time, and particle retention to meet the emission requirements of Table 1. 

(2) Residual Fuel-Oil-Burning Equipment. A person may not cause or permit particulate matter caused by the combustion 

of residual fuel oil to be discharged into the atmosphere in excess of the amounts shown in Table 1. 

(3) Solid Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid 

fuel to be discharged into the atmosphere in excess of the amounts shown in Table 1. 

(4) Gas or Distillate Fuel-Oil-Burning Equipment. The requirements in Table 1 do not apply to gas or distillate oil fuelburning equipment. 

(5) Rotary Cup Burners. A person may not cause or permit the operation of a rotary cup burner on fuel-oil burning 

equipment having a maximum rated heat input of 13.0 million BTU (13.7 gigajoules) per hour or less, unless the fuel burning 

equipment operates on less than 60 days per calendar year. 

(6) Exceptions. 

(a) Fuel burning equipment burning gas with an interruptible gas service is exempt from the provisions of §B(1) and (2) 

of this regulation. 

(b) Fuel oil burning equipment which has been fitted with a dust collector or for which a dust collector contract has been 

let before July 1, 1974, is exempt from the provisions of §B(5) of this regulation. 
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(c) The control officer may grant exceptions to §B(3) and (4) of this regulation under the following conditions: 

(i) When the application of either requirement to a residential building housing two or less families creates undue 

economic hardship on individual families residing there; or 

(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system 

such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted 

circulating heaters, fireplaces, or similar devices. 

(d) Fuel burning equipment on ships is exempt from the provisions of this regulation. 

C. Determination of Compliance. Compliance with the particulate matter emissions standards in this regulation shall be 

calculated as the average of 3 test runs using EPA Test Method 5 or other United States Environmental Protection Agency test 

method approved by the Department. 

D. Small Wood Boilers and Biomass Fuel-Burning Equipment. 

(1) Small wood boilers are subject to particulate matter requirements of Regulation .11 of this chapter and exempt from the 

provisions of §§A and B of this regulation. 

(2) The provisions of §§A and B of this regulation shall not apply to fuel-burning equipment installed after May 1, 2014 

that burns only biomass fuels; however, the particulate matter requirements of Regulation .12 of this chapter apply. 

.07 Control of Sulfur Oxides From Fuel Burning Equipment. 

A. Sulfur Content Limitations for Fuel. A person may not burn, sell, or make available for sale any fuel with a sulfur content 

by weight in excess of or which otherwise exceeds the following limitations: 

(1) In Areas I, II, V, and VI: 

(a) The combustion of all solid fuels on a premises where the sum total maximum rated heat input of all fuel burning 

equipment located on the premises is 100 million Btu (106 gigajoules) per hour or greater may not result in a total emission of 

oxides of sulfur in excess of 3.5 pounds per million Btu (1.50 kilograms per gigajoule) actual heat input per hour; 

(b) Residual fuel oils, 2.0 percent; 

(c) Distillate fuel oils, 0.3 percent; 

(d) Process gas used as fuel, 0.3 percent. 

(2) In Areas III and IV: 

(a) All solid fuels, 1.0 percent; 

(b) Distillate fuel oils, 0.3 percent; 

(c) Residual fuel oils, 1.0 percent. 

B. Exceptions. 

(1) Fuel containing sulfur in excess of the amounts specified in §A of this regulation may be burned, sold, or made available 

for sale provided control equipment to desulfurize stack gases has been installed or other methods or devices are employed by the 

user or purchaser such that the discharge of sulfur dioxide to the atmosphere does not exceed that which would occur if fuels 

meeting the sulfur requirements of §A of this regulation were burned. 

(2) Fuel burning installations on ships and the sale of fuel for these installations are exempt from the provisions of this 

regulation pertaining to the burning of fuel of specified sulfur content. 

(3) For any premises located in Area I, for which the Department determines that compliance with this regulation will cause 

or exacerbate a violation of the National Ambient Air Quality Standards or federal Prevention of Significant Deterioration of Air 

Quality increments, the applicable emission standard is as follows: 

(a) For solid fuel, 1.8 pounds oxides of sulfur per million Btu (0.75 kilogram per gigajoule) actual heat input per hour; 

(b) For residual oil, 1.0 percent sulfur content by weight. 
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(4) In Areas III and IV, for any existing fuel-burning equipment of the cyclone type in excess of 1000 million Btu (1055 

gigajoules) actual heat input per hour, the emission standard for solid fuel is 3.5 pounds oxides of sulfur per million Btu (1.6 

kilograms per gigajoule) actual heat input. 

(5) The provisions of §§A(1)(a) and A(2)(a) of this regulation shall not apply to fuel-burning equipment installed after May 

1, 2014 that burns only biomass fuels. 

C. Request for Analyses. Any person offering to sell or deliver fuel or any person responsible for equipment in which fuel or 

process gas is burned, upon request, shall submit to the Department or control officer such analyses of fuel or process gas as may 

be required to determine compliance with this regulation. 

.08 Control of NOx Emissions for Major Stationary Sources. 

A. Applicability. 

(1) This regulation applies to a person who owns or operates an installation that causes emissions of NOx and is located at 

premises that have total potential to emit: 

(a) 25 tons or more per year of NOx and is located in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, 

Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; or 

(b) 100 tons or more per year of NOx and is located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 

Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties. 

(2) Except as otherwise indicated, the emissions standards and requirements in this regulation apply at all times. 

B. General Requirements and Conditions. 

(1) Emission Standards and Requirements. 

(a) A person who owns or operates an installation that causes NOx emissions subject to this regulation is in compliance 

with this regulation if the person establishes compliance with the emissions standards in §B(1)(c) of this regulation. 

(b) Any other person subject to this regulation shall comply with the applicable source specific requirements in §§C—J 

of this regulation. 

(c) Emission Standards in Pounds of NOx per Million Btu of heat input. 

Fuel Tangential- Fired Wall-Fired 

Gas only 0.20 0.20 

Gas/Oil 0.25 0.25 

Coal (dry bottom) 0.38 0.38 

Coal (wet bottom) 1.00 1.00 

 (2) Demonstration of Compliance. 

(a) A person subject to a NOx emission standard in this regulation shall demonstrate compliance as follows: 

(i) For installations equipped with a CEM, compliance with the NOx emissions standards in this regulation shall be 

established using CEM data; or 

(ii) For all other installations, compliance with the NOx emissions standards in this regulation shall be established by 

stack tests using Method 07 of the test methods referenced in COMAR 26.11.01.04C(1) or other test methods approved by the 

Department and the EPA. 

(b) CEMs shall be certified in accordance with 40 CFR Part 60, Appendix B, or Part 75, Appendix A. 

(c) CEMs shall meet the quality assurance criteria in 40 CFR Part 60, Appendix F, or, for sources subject to Title IV of 

the Clean Air Act (Acid Rain), the quality assurance criteria in 40 CFR Part 75, Appendix B. 

(d) Except as otherwise established by the Department and approved by the EPA, for a person who establishes 

compliance with the NOx emissions standards in this regulation using a CEM, compliance shall be determined as 30-day rolling 

averages. 
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(e) For a person who establishes compliance using a stack test, compliance shall be determined as averages of the stack 

test duration. 

(3) Alternative Standard. 

(a) A person who is subject to a source specific NOx emission standard under this regulation may propose an alternative 

standard for approval by the Department. Approval by the EPA is also required for an alternative standard approved by the 

Department. 

(b) A person who proposes an alternative emission standard for approval shall provide the following information to the 

Department: 

(i) Uncontrolled NOx emissions for the installation established with a CEM, or stack tests obtained during steady state 

operation; 

(ii) Stack tests or other data from an existing similar installation demonstrating that the applicable standard cannot be 

met; 

(iii) Identification of all proposed combustion modifications, fuel conversions, or other equipment or process 

modifications proposed for implementation to meet the alternative standard; and 

(iv) Equipment vendor costs from other facilities and other information that demonstrates, to the satisfaction of the 

Department, that the cost of complying with the emission standard in this regulation is unreasonable as compared to the cost of 

meeting an alternative standard. 

(4) Emissions Averaging. 

(a) Instead of meeting the source specific emission standards set forth in §§C—F of this regulation, a person who owns 

or operates more than one installation subject to this regulation may achieve compliance by meeting an overall source or systemwide NOx emission reduction that is equivalent to or greater than the NOx emission reduction that would be achieved if each 

individual installation complied with applicable requirements. 

(b) A person who proposes to comply with this regulation by averaging the emissions of two or more installations 

(separate stacks) shall submit a proposal to the Department for approval. 

(c) Any proposal for emissions averaging approved by the Department is not an acceptable means of compliance until the 

proposal is also approved by the EPA as a revision to the State Implementation Plan (SIP). 

(d) A person who proposes to average emissions to comply with this regulation shall: 

(i) Have the capability to continuously monitor NOx emissions for each installation to be included in the emissions 

averaging; and 

(ii) Demonstrate to the Department that on each day of operation the total plant or system-wide NOx emissions are 

equal to or less than the NOx emissions that would be discharged if each installation met the applicable emission standard in this 

regulation. 

(5) Operator Training. 

(a) For purposes of this regulation, the equipment operator to be trained may be the person who maintains the equipment 

and makes the necessary adjustments for efficient operation. 

(b) The operator training course sponsored by the Department shall include an in-house training course that is approved 

by the Department. 

C. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 Million Btu Per Hour or Greater. 

(1) A person who owns or operates fuel-burning equipment with a rated heat input capacity of 250 Million Btu per hour or 

greater shall equip each installation with combustion modifications or other technologies to meet the NOx emission rates in §C(2) 

of this regulation. 

(2) The maximum NOx emission rates as pounds of NOx per Million Btu per hour are: 

(a) 0.45 for tangentially coal fired units located at an electric generating facility (excluding high heat release units); 

(b) 0.50 for wall coal fired units located at an electric generating facility (excluding high heat release units); 
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(c) 0.30 for oil fired or gas/oil fired units located at an electric generating facility; 

(d) 0.70 for coal fired cyclone fuel burning equipment located at an electric generating facility from May 1 through 

September 30 of each year and 1.5 during the period October 1 through April 30 of each year; 

(e) 0.70 for a tangentially coal fired high heat release unit located at an electric generating facility; 

(f) 0.80 for a wall coal fired high heat release unit located at an electric generating facility; and 

(g) 0.6 for coal fired cell burners at an electric generating facility. 

(3) A person who owns or operates fuel burning equipment with a rated heat input capacity of 250 Million Btu per hour or 

greater shall install, operate, calibrate, and maintain a certified NOx CEM or an alternative NOx monitoring method approved by 

the Department and the EPA on each installation. 

D. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of Less than 250 Million Btu Per Hour and 

Greater than 100 Million Btu Per Hour. 

(1) Equipment Specifications and Standards. 

(a) A person who owns or operates coal fired fuel-burning equipment with a rated heat input capacity of less than 250 

Million Btu per hour and greater than 100 Million Btu per hour shall install and operate in accordance with the manufacturer's 

specifications, combustion modifications, or other technologies to meet an emission rate of 0.65 pounds of NOx per Million Btu 

per hour. 

(b) All other fuel burning equipment with a rated heat input capacity of less than 250 Million Btu per hour and greater 

than 100 Million Btu per hour shall meet the NOx emission rates set forth in §B(1)(c) of this regulation. 

(2) Exceptions. The requirements in §D(1) of this regulation do not apply to a space heater as defined in Regulation .01B of 

this chapter or to fuel-burning equipment subject to §G of this regulation. 

E. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 Million Btu Per Hour or Less. A 

person who owns or operates fuel-burning equipment with a rated heat input capacity of 100 Million Btu per hour or less shall: 

(1) Submit to the Department an identification of each affected installation, the rated heat input capacity of each installation, 

and the type of fuel burned in each; 

(2) Perform a combustion analysis for each installation at least once each year and optimize combustion based on the 

analysis; 

(3) Maintain the results of the combustion analysis at the site for at least 2 years and make this data available to the 

Department and the EPA upon request; 

(4) Once every 3 years, require each operator of the installation to attend operator training programs on combustion 

optimization that are sponsored by the Department, the EPA, or equipment vendors; and 

(5) Prepare and maintain a record of training program attendance for each operator at the site, and make these records 

available to the Department upon request. 

F. Requirements for Space Heaters. 

(1) A person who owns or operates a space heater as defined in Regulation .01B of this chapter shall: 

(a) Submit to the Department a list of each affected installation on the premises and the types of fuel used in each 

installation; 

(b) Develop an operating and maintenance plan to minimize NOx emissions based on the recommendations of equipment 

vendors and other information including the source's operating and maintenance experience; 

(c) Implement the operating and maintenance plan and maintain the plan at the premises for review upon request by the 

Department; 

(d) Require installation operators to attend in-State operator training programs once every 3 years on combustion 

optimization that are sponsored by the Department, the EPA, or equipment vendors; and 
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(e) Prepare and maintain a record of training program attendance for each operator at the site and make these records 

available to the Department upon request. 

(2) A person who owns or operates an installation that no longer qualifies as a space heater shall inform the Department not 

later than 60 days after the date when the fuel-burning equipment did not qualify, and shall meet the applicable fuel-burning 

equipment RACT requirement in this regulation. 

G. Requirements for Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less, and Combustion Turbines with a 

Capacity Factor Greater than 15 Percent. 

(1) A person who owns or operates fuel-burning equipment with a capacity factor (as defined in 40 CFR Part 72.2) of 15 

percent or less shall: 

(a) Provide certification of the capacity factor of the equipment to the Department in writing; 

(b) For fuel-burning equipment that operates more than 500 hours during a calendar year, perform a combustion analysis 

and optimize combustion at least once annually; 

(c) Maintain the results of the combustion analysis at the site for at least 2 years and make these results available to the 

Department and the EPA upon request; 

(d) Require each operator of an installation, except combustion turbines, to attend operator training programs at least once 

every 3 years, on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and 

(e) Maintain a record of training program attendance for each operator at the site, and make these records available to the 

Department upon request. 

(2) A person who owns or operates a combustion turbine with a capacity factor greater than 15 percent shall meet an hourly 

average NOx emission rate of not more than 42 ppm when burning gas or 65 ppm when burning fuel oil (dry volume at 15 percent 

oxygen) or meet applicable Prevention of Significant Deterioration limits, whichever is more restrictive. 

H. Requirements for Municipal Waste Combustors, and Hospital, Medical, and Infectious Waste Incinerators. 

(1) A person who owns or operates a municipal waste combustor shall install, operate, and maintain a CEM for NOx

emissions. 

(2) NOx emissions from municipal waste combustors may not exceed the NOx emissions standards in COMAR 26.11.08.07 

and COMAR 26.11.08.08 or applicable Prevention of Significant Deterioration limits, whichever is more restrictive. 

(3) NOx emissions from hospital, medical, and infectious waste incinerators as defined in COMAR 26.11.08.01B(18) may 

not exceed the NOx emission standards in COMAR 26.11.08.08-1A(2) (250 ppm 24-hour average) as applicable. 

I. Requirements for Glass Melting Furnaces. 

(1) A person who owns or operates a glass melting furnace shall optimize combustion by performing daily oxygen tests and 

maintaining excess oxygen at 4.5 percent or less. 

(2) Records on the daily oxygen tests shall be maintained on site for at least 2 years and made available to the Department 

upon request. 

J. Requirements for Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx. A person who 

owns or operates any installation other than fuel-burning equipment that causes NOx emissions shall: 

(1) Maintain good operating practices as recommended by the equipment vendor to minimize NOx emissions; 

(2) Prepare and implement a written in-house training program for all operators of these installations that include instruction 

on good operating and maintenance practices for the particular installation; 

(3) Maintain and make available to the Department, upon request, the written in-house operator training program; 

(4) Burn only gas in each installation, where gas is available, during the period May 1 through September 30 of each year; 

and 

(5) Maintain operator training attendance records for each operator at the site for at least 2 years and make these records 

available to the Department upon request. 
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K. Reporting Requirements. 

(1) When demonstration of compliance with the NOx emission standards in this regulation is based on CEM data, quarterly 

emission reports shall be submitted to the Department on or before the thirtieth day of the month following the end of each 

calendar quarter. 

(2) When compliance with this regulation is demonstrated by a stack test, the results of the stack tests required by this 

regulation shall be submitted to the Department within 45 days after completion of the test. 

(3) A person subject to this regulation shall maintain annual fuel use records on site for not less than 3 years, and make 

these records available to the Department upon request. 

.09 Tables and Diagrams. 

Table 1 

Emission Standards and Dust Collector Performance 

Standards for Fuel-Burning Equipment

Equipment Description

Max. Rated Heat Input

in million Btu (gigajoules)

per hour per furnace

Max. Allowable Emissions

of Part. Matter—

gr/scfd(mg/dscm)

Existing and new equipment

burning residual oil 

Less than 13 (13.7)

13—50 (13.7—52.8)

50—250 (52.8—265) 

No Requirement (a)

0.03 (69)

0.020 (46) 

Existing and modified

equipment (b) burning

residual oil 

Greater than 250 (265) 0.020 (46) 

New equipment burning

residual oil 

Greater than 250 (265) 0.01 (23) 

Equipment burning

solid fuel (c):

Existing (b)

New

New and Existing 

Less than 250 (264)

Less than 250 (264)

250 (264) and Greater 

0.05 (114)

0.03 (69)

0.03 (69) 

(a) Construction of residual oil fired units of less than 13 million Btu (13.7 gigajoules) per hour prohibited (see 

Regulation .04). 

(b) Built before July 1, 1975. 

(c) Construction of new solid fuel fired units of less than 35 million Btu (37 gigajoules) per hour prohibited (see 

Regulation .04B). 

See Figures 1 & 2. 
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26.11.09.09 ENVIRONMENT 

Figure 1 

Maximum Allowed Discharge of Particulate Matter From 

Existing Fuel Burning Equipment 

(Equipment Built Before January 17,.1972) 

1.0 

.9 

.8 

.7 

.6 

.5 

.4 

.30 

.25 

.20 

./6 

.12 

.10 ~----~-------,!-:,.....----+:-----.,.,..,.! It) IOCJ I{)()() 10,000 

o.nd OUt'f' 

Total Input, (!)-Millions of BTU Per Hour 

Figure 1 
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Notes: 

1. The construction of new residual oil fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited 

under Regulation .04. 

2. The construction of new solid fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited unless an 

exception has been approved by the Department (see Regulation .04). 

3. New fuel-burning equipment over 250 MM Btu (263.8 gigajoules) per hour are regulated by NSPS source regulations 

COMAR 26.11.06.12. 
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4. Depending on load factor, fuel ash content, and control equipment, fuel-burning equipment which has a heat input greater 

than approximately 25 MM Btu (26.4 gigajoules) per hour may be subject to Prevention of Significant Deterioration Review (40 

U.S.C. Part §52.21) and consequent additional control requirement. 

.10 Requirements to Burn Used Oil and Waste Combustible Fluid as Fuel. 

A. General Requirements. 

(1) A person who proposes to burn used oil in fuel-burning equipment shall submit the following information to the 

Department: 

(a) A description of any fuel-burning equipment in which used oil is to be burned, including the unit’s location and rated 

heat input capacity; 

(b) The type and amount of fuel currently being used in any fuel-burning equipment in which used oil is to be burned and 

the gallons of used oil expected to be burned annually; 

(c) The maximum blend (percent) of used oil to be burned as fuel in any fuel-burning equipment at any time; and 

(d) An analysis by an independent laboratory of a representative sample of the used oil, which shall include the 

concentration of each of the materials listed in §B of this regulation, the sulfur content, the PCB concentration, and the flash 

point. 

(2) A person who burns fuel oil in fuel-burning equipment with a rated heat input capacity less than 50 million Btu per hour 

in accordance with a permit to construct or a registration pursuant to COMAR 26.11.02.02A may burn on-specification used oil in 

that equipment after submitting the information in §A(1) of this regulation. 

(3) A person who is burning used oil or WCF under a current written approval from the Department may continue to burn 

the approved material if: 

(a) The person demonstrates that any WCF being burned satisfies the definition of that term in Regulation .01B of this 

chapter; 

(b) The used oil or WCF is being burned in an authorized installation; 

(c) The conditions of the approval are continuously met; and 

(d) The sulfur requirement in §B(1)(g) of this regulation is not exceeded. 

(4) A person shall obtain written approval from the Department before burning: 

(a) On-specification used oil in any fuel-burning equipment that has not been registered or previously issued a permit to 

construct pursuant to COMAR 26.11.02.02 to burn fuel oil; 

(b) On-specification used oil in any fuel-burning equipment that has a rated heat input capacity of 50 million Btu per 

hour or greater; 

(c) On-specification used oil in any installation other than fuel-burning equipment; or 

(d) Waste combustible fluid or off-specification used oil as fuel in any installation. 

(5) A person who obtains written approval from the Department to burn used oil or WCF shall burn only those materials for 

which approval has been obtained. 

(6) Except as provided in §A(7) of this regulation and notwithstanding any applicable conditions in permits issued by the 

Department, a person may burn off-specification used oil only in those installations listed at 40 CFR §279.12(c). 

(7) The requirement to burn off-specification used oil only in those installations listed at 40 CFR §279.12(c) does not apply 

if the used oil is off-specification only because of the sulfur content. 

B. Specifications for Used Oil. 
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(1) Except as provided in §B(2) of this regulation, used oil specifications are as follows: 

Material Allowable Level 

(a) Lead 100 ppm 

(b) Total halogens 1,000 ppm 

(c) Arsenic 5 ppm 

(d) Cadmium 2 ppm 

(e) Chromium 10 ppm 

(f) Flash point 100°F minimum 

(g) Sulphur content 0.5 weight percent 

 (2) For used oil that satisfies the rebuttable presumption for halogens at 40 CFR §279.10(b)(1)(ii) and 40 CFR §279.63, the 

maximum allowable level for halogens is 4,000 ppm. 

C. Additional Requirements for Burning Used Oil or WCF Containing Polychlorinated Biphenyls (PCBs). 

(1) Used oil or WCF containing quantifiable levels of PCB (i.e. 2 ppm or greater, but less than 50 ppm) may be burned only 

in those installations listed at 40 CFR §279.12(c) or 40 CFR §761. 

(2) Used oil or WCF with a PCB concentration of 50 ppm or greater is hazardous waste and may only be burned in 

accordance with the requirements in COMAR 26.13.07 and 40 CFR §761.

D. Reporting Requirements. By April 1of each year, a person subject to this regulation shall submit a report, in accordance 

with COMAR 26.11.01.05C, that provides information on: 

(1) The quantity of used oil or WCF burned during the previous year; and 

(2) The equipment in which the used oil or WCF was burned. 

.11 Control of Particulate Matter from Small Wood Boilers. 

A. Applicability. 

(1) Except as provided in this regulation, the requirements of this regulation apply to a person who sells, offers for sale, 

supplies, distributes, manufactures, installs, operates, or causes to be operated a small wood boiler for use in the State. 

(2) The provisions of this regulation do not apply to a person who sells, offers for sale, installs, supplies, distributes, or 

manufactures for use a small wood boiler if the person demonstrates that the: 

(a) Small wood boiler is intended for shipment and use outside of the State; and 

(b) Person has taken reasonable prudent precautions to assure that the small wood boiler is not distributed to or within the 

State. 

B. Incorporation by Reference. 

(1) In this regulation, the following documents are incorporated by reference. 

(2) Documents Incorporated. 

(a) U.S. EPA Test Method 28 OWHH for Measurement of Particulate Emissions and Heating Efficiency of Outdoor 

Wood-Fired Hydronic Heating Appliances, revised March 16, 2007. 

(b) ASTM Designation: ASTM E 2618—08 Standard Test Method for Measurement of Particulate Emissions and 

Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances, approved July 1, 2008. 

(c) 40 CFR Part 60, Appendix A, Test Methods 1-5 and 40 CFR Part 51, Appendix M, Test Method 202. 

C. Requirements for the Sale, Supply, Distribution, and Manufacture of Small Wood Boilers for use in the State. 
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(1) Emission Standards. A person may not sell, offer for sale, supply, install, distribute, or manufacture for use in the State, 

a small wood boiler unless the following are met: 

(a) A particulate matter emissions standard of 0.6 pounds per million Btu heat input during the period commencing April 

1, 2009 through March 31, 2010; and 

(b) A particulate matter emissions standard of 0.32 pounds per million Btu heat output commencing April 1, 2010. 

(2) Labeling Requirements. 

(a) After April 1, 2009, a person may not sell, offer for sale, supply, install, distribute, or manufacture for use in the State, 

a small wood boiler unless it has a permanent label that displays the following information: 

(i) Month and year of manufacture; 

(ii) Model number or name; 

(iii) Serial number; 

(iv) Date of certification; 

(v) Thermal output rating in million Btu per hour; and 

(vi) Results of emissions standard testing for particulate matter in pounds per million Btu. 

(b) After April 1, 2009, a person may not sell, offer for sale, supply, install, distribute, or manufacture for use in the 

State, a small wood boiler that does not have a permanent label that: 

(i) Is permanently affixed in a readily visible or accessible location; 

(ii) Is at least 3 1/2 inches long and 3 inches wide; 

(iii) Is made of a material expected to last the lifetime of the unit; and 

(iv) Displays information specified in §C(2)(a)(i)—(vi) of this regulation in a manner that will remain legible for the 

lifetime of the unit. 

(3) Certification. 

(a) A person may not sell, offer for sale, supply, install, distribute, or manufacture a small wood boiler for use in the 

State, unless the Department has issued a certification to the manufacturer that the small wood boiler, or the wood boiler model 

line to which it belongs, complies with the particulate matter emissions standards specified in §C(1) of this regulation. 

(b) In order to obtain certification of a small wood boiler, the manufacturer of the wood boiler shall conduct an emissions 

test and provide the results in writing to the Department. 

(c) The test for certification shall be performed in accordance with the test methods listed under §B of this regulation or 

any alternative method approved by the Department. 

(d) Unless revoked by the Department, a certification issued remains valid for 5 years from the date of issuance. 

D. Requirements and Standards for Owners and Operators. 

(1) A person owning or operating a small wood boiler may not operate or cause to be operated in the State a small wood 

boiler that does not comply with the emission standards in §C(1) of this regulation. 

(2) A person who owns or operates a small wood boiler shall use only the following as fuel when operating a small wood 

boiler in the State: 

(a) Clean wood; 

(b) Wood pellets made from clean wood; or 

(c) Other fuels approved by the Department. 

(3) A person who owns or operates a small wood boiler may not burn or use for fuel any of the following items when 

operating a small wood boiler in the State: 

(a) Any wood that does not meet the definition of clean wood; 

(b) Garbage; 
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(c) Tires; 

(d) Lawn clippings or yard waste; 

(e) Materials containing plastic; 

(f) Materials containing rubber; 

(g) Waste petroleum products; 

(h) Paints or paint thinners; 

(i) Chemicals; 

(j) Glossy or colored paper; 

(k) Construction or demolition debris; 

(l) Plywood; 

(m) Particleboard; 

(n) Saltwater driftwood or other previously salt-water saturated materials; 

(o) Manure; 

(p) Animal carcasses; 

(q) Asphalt products; 

(r) Materials containing asbestos; and 

(s) Materials containing lead, mercury, or other heavy or toxic metals. 

(4) Home heating oil, propane, or natural gas may be used only as a starter or supplemental fuels for dual-fired small wood 

boilers. 

E. Enforcement. Persons subject to the provisions of this chapter shall comply with: 

(1) All applicable State, county and local laws; and 

(2) All operating instructions provided by the manufacturer. 

.12 Standards for Biomass Fuel-Burning Equipment Equal to or Greater Than 350,000 Btu/hr. 

A. Applicability. The requirements of this regulation apply to a person who owns or operates biomass fuel-burning equipment 

equal to or greater than 350,000 Btu/hr heat input capacity. 

B. Federal Requirements. The requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, are applicable. 

C. Requirements for Biomass Fuel-Burning Equipment Greater Than or Equal to 10 MMBtu/hr Heat Input Capacity. A person 

subject to the requirements of this regulation may not install or operate new biomass fuel-burning equipment, unless the following 

standards and requirements are met: 

(1) A particulate matter emission standard of 0.07 lb/MMBtu heat input if the total heat input capacity is less than 30 

MMBtu/hr; 

(2) A particulate matter emission standard of 0.03 lb/MMBtu heat input if the total heat input capacity is equal to or greater 

than 30 MMBtu/hr; 

(3) A NOx emission standard of 0.30 lb/MMBtu heat input, if the heat input capacity is less than or equal to 250 MMBtu/hr; 

(4) A NOx emission standard of 0.25 lb/MMBtu heat input, if the heat input capacity is greater than 250 MMBtu/hr; and 

(5) An initial and biennial tune-ups are conducted. 

D. Requirements for Biomass Fuel-Burning Equipment Greater Than 1.5 MMBtu/hr and Less Than 10 MMBtu/hr Heat Input 

Capacity. A person subject to the requirements of this regulation may not install or operate new biomass fuel-burning equipment 

unless the following standards and requirements are met: 

(1) A particulate matter emission standard of 0.23 lb/MMBtu heat input in Areas I, II, V and VI; 
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(2) A particulate matter emission standard of 0.1 lb/MMBtu heat input in Areas III and IV; 

 (3) A NOx emission standard of 0.30 lb/MMBtu heat input; and 

(4) An initial and biennial tune-ups are conducted. 

E. Requirements for Biomass Fuel-Burning Equipment Less Than or Equal to 1.5 MMBtu/hr and Greater than 350,000Btu/hr 

Heat Input Capacity. A person subject to the requirements of this regulation may not install or operate new biomass fired fuelburning equipment that is less than equal to 1.5 MMBtu/hr heat input and greater than 350,000 Btu/hr heat input unless the 

following standards are met: 

(1) A particulate matter emission standard of 0.35 lb/MMBtu heat input in Areas I, II, V and VI; 

(2) A particulate matter emission standard of 0.1 lb/MMBtu heat input in Areas III and IV; 

(3) A NOx emission standard of 0.30 lb/MMBtu heat input; and 

(4) An initial and biennial tune-ups are conducted. 

F. A person subject to the requirements of this regulation may not operate biomass fuel-burning equipment installed prior to 

May 1, 2014 unless: 

(1) An initial and biennial tune-ups are conducted; and 

(2) All the standards and requirements of Regulations .03 and .05—.09 of this chapter are met. 

G. A person subject to the requirements of this regulation shall operate the fuel-burning equipment in accordance with the 

design and maintenance specifications of the manufacturer in order to meet and maintain compliance with the applicable emission 

standards and performance requirements. 

H. Startup and Shutdown Requirements. A person subject to the requirements of §§C, D and E of this regulation shall 

minimize the boiler's startup and shutdown periods following the: 

(1) Manufacturer's recommended procedures, if available; or 

(2) Recommended procedures for a unit of similar design for which manufacturer's recommended procedures are available 

if manufacturer's recommended procedures for the actual unit are not available. 

I. Compliance. A person subject to the requirements of: 

(1) Section C of this regulation shall demonstrate compliance with the emissions standards by following 40 CFR Part 60, 

Appendix A, as amended. 

(2) Sections D and E of this regulation shall demonstrate compliance by providing certification, on a form provided by the 

Department, from the manufacturer that the fuel-burning equipment is designed and tested to meet the applicable particulate 

matter and NOx standards including a copy of test results with EPA approved test methods on fuel-burning equipment in the same 

model line as the new fuel-burning equipment. 

(3) The particulate matter emission standards of §C, D or E of this regulation who owns or operates biomass fuel-burning 

equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall: 

(a) Demonstrate continuous compliance with the work practice and management practice standards as specified in 40 

CFR 63; and 

(b) Comply with the monitoring, installation, operation, and maintenance requirements as specified in 40 CFR 63.

(4) The NOx emission standards of §C of this regulation and who owns or operates biomass fuel-burning equipment subject 

to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall meet the following requirements: 

(a) For fuel-burning equipment with a heat-input capacity greater than or equal to 100 MMBtu/hr and less than 250 

MMBtu/hr, demonstrate compliance with the NOx emission standards of §C of this regulation in accordance with Regulation 

.08B(2) of this chapter; and 

(b) For fuel-burning equipment with a heat-input capacity greater than or equal to 250 MMBtu/hr subject to the 

requirements of §C of this regulation shall demonstrate compliance with the NOx emission standards of Regulation .12C of this 

chapter in accordance with Regulation .08B(2) of this chapter by installing, operating, calibrating, and maintaining a certified 

NOx CEM in accordance with Regulation .08C(3) of this chapter. 
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J. Reporting and Record-Keeping Requirements. 

(1) A person subject to the particulate matter emission standards of §C, D or E of this regulation who owns or operates 

biomass fuel-burning equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall 

comply with the notification, reporting, and record-keeping requirements of 40 CFR 63. 

(2) A person subject to the NOx emission standards of §C of this regulation and who owns or operates biomass fuel-burning 

equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall comply with the reporting 

requirements of Regulation .08K of this chapter. 

(3) A person subject to the to the emission standards of §C, D or E of this regulation who owns or operates biomass fuelburning equipment not subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ shall: 

(a) Keep records for each boiler that identify: 

(i) The date of tune-up operations; 

(ii) The procedures followed for tune-up; 

(iii) The manufacturer's specifications to which the boiler was tuned; 

(iv) The occurrence and duration of each malfunction of the boiler, or of the associated air pollution control, or 

monitoring equipment; and 

(v) Actions taken during periods of malfunction to minimize emissions including corrective actions to restore the 

malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation; and 

(b) Maintain records on site for not less than 3 years, and make these records available to the Department upon request. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.09.12 

26.11.09 Page 22

Effective as of July 20, 2015

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulations .04A, B, .06B, and .08B, and Table 1, amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .04, .05A, .06, .07B, .08C, Table 1, and Figure 2 amended effective April 16, 1984 (11:5 Md. R. 463) 

Regulation .05A amended effective December 3, 1984 (11:22 Md. R. 1899) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01 

Tables and Diagrams codified as Regulation .09 

—————— 

Chapter recodified from COMAR 10.18.09 to COMAR 26.11.09 

Regulation .01 amended effective May 10, 1993 (20:9 Md. R. 781); June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); September 7, 1998 

(25:18 Md. R. 1438); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .01B amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .01B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. 

R. 839) 

Regulation .01B amended effective May 18, 2009 (36:10 Md. R. 718); May 17, 2010 (37:10 Md. R. 724); September 20, 2010 (37:19 Md. R. 1285); June 13, 

2011 (38:12 Md. R. 708); August 22, 2011 (38:17 Md. R. 1014); September 19, 2011 (38:19 Md. R. 1148); April 28, 2014 (41:8 Md. R. 474) 

Regulation .02 amended effective September 19, 2011 (38:19 Md. R. 1148) 

Regulation .02B, C adopted effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .03C amended effective June 21, 2004 (31:12 Md. R. 914) 

Regulation .04A, B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 

Md. R. 839) 

Regulation .04C amended effective April 28, 2014 (41:8 Md. R. 474) 

Regulation .05 amended effective November 11, 2002 (29:22 Md. R. 1724); May 17, 2010 (37:10 Md. R. 724) 

Regulation .05A amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .05A, E amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .06 amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .06C adopted effective June 21, 2004 (31:12 Md. R. 914) 

Regulation .06D adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 

839) 

Regulation .06D amended effective April 28, 2014 (41:8 Md. R. 474) 

Regulation .07B amended effective April 28, 2014 (41:8 Md. R. 474) 

Regulation .08 repealed and new Regulation .08 adopted effective May 10, 1993 (20:9 Md. R. 781) 

Regulation .08 amended effective June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); October 18, 1999 (26:21 Md. R. 1631); September 18, 

2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .08A amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .08C amended effective March 3, 2014 (41:4 Md. R. 306) 

Regulation .08H, I amended effective July 20, 2015 (42:14 Md. R. 884) 

Regulation .08-1 adopted effective May 18, 2009 (36:10 Md. R. 718) 

Regulation .08-1 amended effective September 20, 2010 (37:19 Md. R. 1285) 

Regulation .08-1 repealed effective June 13, 2011 (38:12 Md. R. 708) 

Regulation .09 amended effective November 11, 2002 (29:22 Md. R. 1724); April 28, 2014 (41:8 Md. R. 474) 

Regulation .10 adopted effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .10 amended effective September 19, 2011 (38:19 Md. R. 1148) 

Regulation .10A amended effective April 28, 2014 (41:8 Md. R. 474) 

Regulation .11 adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 

839) 

Regulation .12 adopted effective April 28, 2014 (41:8 Md. R. 474) 
26.11.13 Page 1 

Effective as of July 21, 2014 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 13 Control of Gasoline and Volatile Organic Compound Storage and Handling 

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. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Bulk gasoline plant" means a gasoline storage and distribution facility with a maximum daily throughput of 20,000 

gallons (75,500 liters) or less which receives gasoline from bulk terminals, stores it in tanks, then dispenses the gasoline via trucks 

to local farms, businesses, and gasoline dispensing facilities. 

(2) "Bulk gasoline terminal" means a gasoline storage facility with a minimum daily throughput greater than 20,000 gallons 

(75,500 liters) which receives gasoline by pipeline, ship, or barge and delivers gasoline to bulk gasoline plants or to commercial 

or retail accounts by tank truck. 

(3) "External floating roof" means a double deck or a pontoon single deck cover in an open top tank which rests upon, and 

is supported by, the liquid being contained. 

(4) "Gasoline" means a petroleum distillate or alcohol, or their mixtures, having a true vapor pressure within the range of 

1.5 to 11 pounds per square inch absolute (psia) (10.3 to 75.6 kilonewtons/square meter) that is used as fuel for internal 

combustion engines or aircraft. 

(5) "Gasoline leak" means a reading equal to or greater than 100 percent of the lower explosive limit measured as propane 

at a distance of 1 inch from any point on the perimeter of a potential leak source. 

(6) "Internal floating roof" means a double deck or a pontoon single deck cover which rests upon and is supported by the 

liquid being contained in a closed top tank.

(6-1) "Marine vessel" means any tank ship or barge that transports volatile organic compounds (VOCs) in bulk as cargo. 

(7) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency 

of any other state. 

(8) "Pipeline breakout station" means a facility that receives gasoline from a main pipeline and distributes the gasoline by 

smaller spur pipelines to bulk gasoline terminals. 

(9) "Primary seal" means a continuous seal in a storage tank that extends from a floating roof to the tank wall to prevent the 

escape of vapors into the atmosphere. 

(10) "Secondary seal" means a continuous seal in a storage tank that extends from the floating roof to the tank wall covering 

the entire primary seal. 

(11) "Tank truck" means a truck or trailer equipped with storage tanks and used for the transport of gasoline or volatile 

organic compounds (VOC) from sources of supply to stationary storage tanks. 

(12) "Vapor balance system" means coaxial or dual piping that creates a closed system between a tank truck and a 

stationary storage tank and contains the vapors during the transfer of gasoline. 

(13) "Vapor control system" means any piping, hoses, equipment, and devices that collect and process gasoline or VOC 

vapor, using a vapor processing system. 

(14) "Vapor processing system" means any equipment used for recovering or oxidizing VOC vapors. 

.02 Applicability and Exemptions. 

A. A source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific installation which differs from the general emission standard in 

COMAR 26.11.01—.09, this chapter takes precedence. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 21, 2014 

B. This chapter applies throughout the State. The NSPS requirements under 40 CFR Part 60, Subpart K (effective June 11, 

1973), Subpart Ka (effective May 18, 1978), Subpart Kb (effective July 23, 1984), and Subpart XX apply throughout the State. 

C. Exemptions for Large Storage Tanks. 

(1) A welded tank is exempt from the secondary seal requirements of Regulation .03B(2)(a) of this chapter if it contains 

gasoline or VOC with a TVP less than 4 psia (2.75 kilonewton/square meter) and has a primary seal. 

(2) The secondary seal requirements under Regulation .03A(1)(b)(i) of this chapter do not apply if the storage tank is 

equipped with a liquid mounted seal. 

D. The provisions of this chapter do not apply to the filling of a motor vehicle's fuel tank. 

E. If a source becomes subject to any requirement in this chapter because it exceeds a regulation applicability level, the source 

shall continue to be subject to all applicable requirements, regardless of whether future throughput is below the regulation 

threshold. 

.03 Large Storage Tanks. 

A. Closed Top Tanks. 

(1) Equipment Requirements. A person may not place or store gasoline or VOC having a TVP between 1.5 psia (10.3 

kilonewton/square meter) and 11 psia (75.6 kilonewton/square meter), inclusive, in any closed top tank with a capacity of 40,000 

gallons (151,400 liters) or greater unless the: 

(a) Tank's gauging and sampling devices are gas tight except when in use; and 

(b) Tank is equipped with one of the following properly installed, operating, and well maintained emission control 

systems: 

(i) An internal floating roof equipped with a primary and secondary seal; 

(ii) A pressure tank system that maintains a pressure at all times to prevent loss of vapors to the atmosphere; or 

(iii) A vapor control system capable of collecting the vapors from the tank and disposing of these vapors to prevent 

their emission to the atmosphere. 

(2) Seal Requirements. 

(a) There shall be no visible holes, tears, or other openings in a seal or seal fabric. 

(b) Each seal shall be intact and uniformly in place around the circumference of the floating roof between the floating 

roof and the tank wall. 

(c) The accumulated area of the gaps between the secondary seal and the tank wall and between the seal and other 

obstructions inside the tank (that is, ladder, roof supports) that are greater than 1/8 inch in width may not exceed 1.0 square inch 

per foot of tank diameter. 

(d) The secondary seal requirement in §A(1)(b) of this regulation is waived until completion of an internal inspection as 

required in §A(3)(b) and (c) of this regulation. However, the secondary seal shall be installed not later than 5 years after the 

effective date of this regulation. 

(3) Inspection Requirements. A person owning a gasoline or VOC storage tank subject to §A(1)(b)(i) of this regulation 

shall: 

(a) Perform an annual visual inspection of the internal floating roof and seals from the roof hatch and record the findings; 

(b) If the visual inspection shows noncompliance with the seal requirements in §A(2)(a) and (b) of this regulation, or 

liquid gasoline or VOC on the roof, perform an internal inspection of the floating roof and seals; 

(c) After installing the secondary seal as required in §A(2)(d) of this regulation, conduct an internal inspection of each 

tank and its seals within 10 years from the date of the last internal inspection; and 

(d) Notify the Department of an intended internal tank inspection at least 15 days before the proposed inspection date. 

(4) Inspection Procedures. A person owning or operating a gasoline or VOC storage tank shall determine the total seal gap 

by summing the areas of the individual gaps. The lengths and widths of the gaps are measured by passing a 1/8 inch diameter 
AIR QUALITY 

26.11.13 

26.11.13 Page 3 

Effective as of July 21, 2014 

probe between the seal and the tank wall and other obstructions in the tank. (The probe should move freely without forcing or 

binding against the seal.) 

B. Open Top Tanks. 

(1) Applicability. 

(a) The use of open top tanks is prohibited for gasoline or VOC having a TVP exceeding 11 psia (75.6 kilonewton/square 

meter). 

(b) Open top storage tanks at pipeline breakout stations are exempt from the secondary seal requirements in §B(2)(a) of 

this regulation. 

(2) Equipment Requirements. A person may not place or store gasoline or VOC having a TVP of 1.5 psia (10.3 

kilonewton/square meter) or greater in any open top tank with a capacity of 40,000 gallons (151,400 liters) or greater unless it is 

equipped with a properly installed and maintained external floating roof that meets all the following requirements: 

(a) The external floating roof shall be equipped with a primary and secondary seal. 

(b) Openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, shall be 

equipped with a projection below the liquid surface. The opening with projections shall also be equipped with a cover, seal, or lid, 

which shall be maintained in a closed position at all times, except when the device is in actual use. 

(c) Automatic bleeder vents shall be closed at all times except when the roof is resting on the roof supports. Rim vents 

shall be set to the open position when the roof is being floated off the leg supports or at the manufacturer's recommended setting. 

(d) Roof drains shall be provided with a slotted membrane fabric or equivalent cover that encapsulates at least 90 percent 

of the area of the drain opening. 

(3) Seal Requirements. 

(a) There shall be no visible holes, tears, or other openings in a seal or seal fabric. 

(b) Each seal shall be intact and uniformly in place around the circumference of the floating roof between the floating 

roof and the tank wall. 

(c) The accumulated area of the gaps between the secondary seal and the tank wall that are greater than 1/8 inch in width 

may not exceed 1.0 square inch per foot of tank diameter. 

(4) Inspection Requirements. A person who owns or operates an open top gasoline or VOC storage tank shall meet all of the 

following requirements: 

(a) Perform semiannual routine visual inspections of the primary and secondary seals. 

(b) Once a year, determine the total secondary seal gap by summing the areas of the individual gaps between the 

secondary seal and the tank wall over the entire circumference of the tank. The lengths and widths of the gaps are measured by 

passing a 1/8 inch uniform diameter probe between the seal and tank wall. (The probe shall move freely without forcing or 

binding against the seal.) 

(c) Notify the Department of an intended tank inspection at least 15 days before the proposed inspection date. 

(5) Requirements for Pipeline Breakout Stations. A person may not transfer gasoline through an open top gasoline storage 

tank at a pipeline breakout station unless the vapor space between the floating roof and the tank bottom is reduced to less than or 

equal to 20 inches (0.457 meter) in height. 

C. Record Keeping for Large Storage Tanks. The owner or operator shall: 

(1) Record the results of all inspections of floating roofs and seals; 

(2) Record all repairs or replacement of the seals, and include in the record the date and the action taken; 

(3) For each tank, record the average monthly storage temperature and throughput; and 

(4) Maintain all records for at least 2 years, and make these records available to the Department upon request. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.13.04 

26.11.13 Page 4 

Effective as of July 21, 2014 

.04 Loading Operations. 

A. Bulk Gasoline Terminals. 

(1) Standards. The owner or operator of a bulk gasoline terminal shall: 

(a) Equip the loading system with a vapor control system designed to collect all vapors and control at least 90 percent of 

all vapors from the loading racks, and emissions from the loading rack may not exceed: 

(i) 0.29 pound of VOC per 1,000 gallons (35 milligrams per liter) of gasoline or VOC loaded in Areas III and IV and 

Calvert, Cecil, Charles, and Frederick counties; or 

(ii) 0.67 pounds of VOC per 1,000 gallons (80 milligrams per liter) of gasoline or VOC loaded in Area I and Caroline, 

Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties. 

(b) Design and operate the vapor control system and the gasoline loading equipment so that during loading: 

(i) The gasoline tank truck pressure does not exceed 18 inches of water, and vacuum does not exceed 6 inches of 

water; and 

(ii) There are no gasoline leaks in the system when tested by the method referenced in §A(3)(a) of this regulation 

during loading or unloading operations. 

(c) Equip the loading rack with a top submerged or bottom loading system. 

(2) Compliance and Record Keeping. 

(a) Testing. 

(i) Vapor control systems shall be tested for compliance with §A(1)(a) of this regulation once every 5 years, during the 

period between May and September 15. 

(ii) The owner or operator shall notify the Department not less than 15 days before the scheduled test date, and 

notification shall contain a copy of the test protocol. 

(iii) A copy of the test results shall be submitted to the Department not more than 60 days after the test date. 

(b) The owner or operator shall keep a record of all maintenance and repairs performed on the vapor recovery unit for 2 

years, and make these records available upon request by the Department. 

(3) Test Procedures. 

(a) Testing for leak-tight conditions, as required in §A(1)(b)(ii) of this regulation, shall be conducted as prescribed in 

Method 1008 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary 

Sources” January 1991, as amended through Supplement 3 (October 1, 1997), which is incorporated by reference in COMAR 

26.11.01.04C. 

(b) The test procedures to determine mass emission rate compliance as required in §A(1)(a) of this regulation, shall be as 

prescribed in Method 1009 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for 

Stationary Sources” January 1991, as amended through Supplement 3 (October 1, 1997), which is incorporated by reference in 

COMAR 26.11.01.04C. 

B. Bulk Gasoline Plants. 

(1) Applicability. Section B(2) of this regulation applies to a person owning or operating a bulk gasoline plant with a daily 

throughput of 4,000 gallons (15,140 liters) or greater. 

(2) Equipment Standards. 

(a) The owner or operator of a bulk gasoline plant shall: 

(i) Equip the loading rack with a vapor balance system which shall be properly installed, maintained, and used; 

(ii) Equip the loading rack with a top submerged or bottom loading system; and 

(iii) Comply with the leak-tight requirements as specified in §A(1)(b) of this regulation. 
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Effective as of July 21, 2014 

(b) Stage I Vapor Recovery. A person who owns or operates a bulk plant may not cause or permit gasoline to be 

unloaded from a tank truck or trailer into a stationary storage tank unless the loading system is equipped with a vapor balance line 

that shall be properly installed, maintained, and used. 

C. Small Storage Tanks. 

(1) Applicability. This section applies to a person who owns or operates: 

(a) A gasoline storage tank that has a tank capacity greater than 2,000 gallons but less than 40,000 gallons; or 

(b) A gasoline tank truck used to transfer gasoline into a storage tank that is listed in §C(1)(a) of this regulation. 

(2) Stage I Vapor Recovery. An owner or operator of a gasoline tank truck or an owner or operator of a stationary storage 

tank subject to this regulation may not cause or permit gasoline to be loaded into a stationary tank unless the loading system is 

equipped with a vapor balance line that is properly installed, maintained, and used. 

D. General Standards. A person may not cause or permit gasoline or VOC having a TVP of 1.5 psia (10.3 kilonewtons/square 

meter) or greater to be loaded into any tank truck, railroad tank car, or other contrivance unless the: 

(1) Loading connections on the vapor lines are equipped with fittings that have no leaks and that automatically and 

immediately close upon disconnection to prevent release of gasoline or VOC from these fittings; and 

(2) Equipment is maintained and operated in a manner to prevent avoidable liquid leaks during loading or unloading 

operations. 

E. Alternative Compliance Procedures. In lieu of satisfying the requirements of §D(1) of this regulation, a person may 

instead utilize: 

(a) An overhead loading rack installation which transfers VOC other than gasoline having a TVP of 1.5 psia (10.3 

kilonewtons/square meter) from railroad tank car to tank trucks, or vice versa, using drip pans and other spill control equipment to 

limit the release of any product during post loading disconnections and any one of the following control practices or combination 

thereof: 

(i) Walking the hose clear of fluids; 

(ii) Running a pump to clear the line of fluids; or 

(iii) Application of inert gas to clear the line of fluids; or 

(b) An alternative equivalent vapor containment method approved by the Department and the EPA as a revision to the 

Maryland State Implementation Plan. 

.05 Gasoline Leaks from Tank Trucks. 

A. Equipment Standards. A person may not allow a gasoline tank truck to be filled or emptied unless the tank has been 

certified as capable of sustaining a pressure change of not more than 3 inches of water in 5 minutes when pressurized to a gauge 

pressure of 18 inches of water (4,479 kilonewtons/square meter), or evacuated to a gauge pressure of 6 inches of water (1,493 

kilonewtons/square meter), during a test, according to the procedure referenced in §B(2) of this regulation. 

B. Method of Compliance. A person who owns or operates a gasoline tank truck subject to this regulation shall: 

(1) Conduct a certification test annually, in accordance with the test method referenced in §B(2) of this regulation; 

(2) Use the certification test procedures as prescribed in Method 1007 of the Department’s Technical Memorandum 91-01, 

“Test Methods and Equipment Specifications for Stationary Sources” January 1991, as amended through Supplement 3 (October 

1, 1997), which is incorporated by reference in COMAR 26.11.01.04C; and 

(3) Complete any needed repairs, and retest within 15 days of the original test date. 

C. Determination of Compliance. 

(1) A person who owns or operates a gasoline tank truck shall display the certification test expiration date on the truck. This 

expiration date shall be placed near the Department of Transportation Certification plate required by 40 CFR §178.340-10B. 

(2) The Department may at any time monitor gasoline tank trucks for leak-tight conditions using the procedures described 

in Method 1008 of the Department’s Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 21, 2014 

Sources” January 1991, as amended through Supplement 3 (October 1, 1997),which is incorporated by reference in COMAR 

26.11.01.04C. 

D. Record Keeping and Reporting. 

(1) A person who owns or operates a gasoline tank truck shall: 

(a) Maintain records of all tests, repairs, and retests for at least 2 years after the respective dates of completion; 

(b) Submit to the Department, upon request, copies of certification test records from tests required in Regulation 

.04A(3)(a) of this chapter. 

(2) The records shall contain the following information: 

(a) Gasoline tank truck tank number; 

(b) Date of test; 

(c) Date and type of repair, if applicable; 

(d) Date of retest, if applicable; 

(e) The initial test pressure and the time of the reading; 

(f) The final test pressure and the time of the reading; 

(g) The initial test vacuum and the time of the reading; 

(h) The final test vacuum and the time of the reading. 

.06 Plans for Compliance. 

A person who is not in compliance with this chapter and owns or operates an installation located in Allegany, Caroline, 

Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties shall 

submit a Plan for Compliance for approval by the Department. The plan for compliance shall be submitted not later than April 15, 

1993, and include an expeditious schedule to achieve compliance not later than May 15, 1995. 

.07 Control of VOC Emissions from Portable Fuel Containers. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Distributor. 

(a) "Distributor" means a person to whom a portable fuel container or spout or both portable fuel container and spout is 

sold or supplied for the purpose of resale or distribution in commerce. 

(b) "Distributor" does not include a manufacturer, retailer, or consumer. 

(2) "Fuel" means all gasoline, gasoline-alcohol mixtures or blends, or petroleum derivatives, having a true vapor pressure 

within the range of 1.5 to 11 pounds per square inch absolute (psia) (10.3 to 75.6 kilonewtons/square meter) for use in internal 

combustion engines or aircraft. 

(3) "Kerosene" means any light petroleum distillate having a true vapor pressure within the range of 0.0041 to 0.029 pounds 

per square inch absolute (psia) (0.028 to 0.2 kilonewtons per square meter) for use in space heaters, cooking stoves, water heaters, 

or wick-fed lamps. 

(4) "Manufacturer" means a person who imports, manufactures, assembles, produces, packages, repackages, or relabels a 

portable fuel container or spout or both portable fuel container and spout. 

(5) "Nominal capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling 

level. 

(6) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the 

position to operate, houses the engine and drive unit external to the hull of the marine watercraft. 

(7) "Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly 

components of a portable fuel container directly to the outside ambient air. 

(8) Portable Fuel Container. 
AIR QUALITY 

26.11.13.07 

26.11.13 Page 7 

Effective as of July 21, 2014 

(a) "Portable fuel container" means a container or vessel with a nominal capacity of 10 gallons or less intended for reuse, 

that is designed or used primarily for receiving, transporting, storing, and dispensing fuel. 

(b) "Portable fuel container" does not include containers or vessels permanently embossed or permanently labeled, 

meeting the requirements of 49 CFR §172.407(a) and intended for use with non-fuel or non-kerosene products. 

(9) "Retail outlet" means an establishment at which portable fuel containers or spouts or both portable fuel containers and 

spouts are sold, supplied, or offered for sale. 

(10) "Spill-proof spout" means a spout that complies with all of the performance standards set forth in §C(2) of this 

regulation. 

(11) "Spill-proof system" means a configuration of portable fuel container and firmly attached spout that complies with all 

of the performance standards as set forth in §C(1) of this regulation. 

(12) Spout. 

(a) "Spout" means a device that can be firmly attached to a portable fuel container for conducting pouring through which 

the contents of a portable fuel container can be dispensed. 

(b) "Spout" does not include lengthening devices that can be used to accommodate necessary applications. 

(13) "Target fuel tank" means a receptacle that receives fuel from a portable fuel container. 

B. Applicability and Exemptions. 

(1) This regulation applies to a person who manufactures, sells, advertises, or makes available for use portable fuel 

containers or spouts or both portable fuel containers and spouts in the State. 

(2) This regulation does not apply to a person or manufacturer who sells, advertises, or makes available for use: 

(a) Portable fuel container or spouts or both portable fuel containers and spouts manufactured in the State for shipment, 

sale, and use outside of the State; 

(b) Safety cans meeting the requirements of 29 CFR Chapter 17, Part 926, Subpart F; 

(c) Portable fuel containers with a nominal capacity less than or equal to 1 quart; 

(d) Rapid refueling devices with nominal capacities greater than or equal to 4 gallons, if these devices are: 

(i) Designed for use in officially sanctioned off-highway motor sports such as car racing or motorcycle competitions; 

or

(ii) Either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a 

receiver permanently installed on the target fuel tank; 

(e) Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank 

and the outboard engine for the purpose of operating the outboard engine; or 

(f) Closed-system portable fuel containers that are used exclusively for fueling remote control model airplanes. 

(3) This regulation does not apply to a manufacturer or distributor who does not comply with the performance standards 

specified in §C of this regulation if the manufacturer or distributor demonstrates that: 

(a) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside 

of the State; and 

(b) The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or 

spout or both portable fuel container and spout is not distributed within the State. 

(4) The exemption in §B(3) of this regulation does not apply to a person who sells, supplies, or offers for sale portable fuel 

containers or spouts or both portable fuel containers and spouts to retail outlets in the State. 

(5) The performance standards specified in §C of this regulation do not apply to portable fuel containers or spouts or both 

portable fuel containers and spouts that are certified for use and sale by the manufacturer through CARB and covered by a CARB 

Executive Order before June 30, 2007. 
DEPARTMENT OF THE ENVIRONMENT 

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(6) This regulation does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal 

and State statutes and regulations such as State fire codes, safety codes, and other safety regulations, nor will the Department test 

for or determine compliance with such other statutes or regulations. 

C. Performance Standards for Portable Fuel Containers and Spill-Proof Spouts. 

(1) Except as provided in §B(2) of this regulation, a person may not manufacture, sell, or make available for use after June 

30, 2007, a portable fuel container or a portable fuel container and spout that does not meet all of the following performance 

standards: 

(a) Contains an automatic shut-off that stops the fuel flow before the target fuel tank overflows; 

(b) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not 

dispensing fuel; 

(c) Contains only one opening for both filling and pouring; 

(d) Does not exceed a permeation rate of 0.4 grams per gallon per day; and 

(e) Is warranted by the manufacturer for a period of not less than 1 year against defects in materials and workmanship. 

(2) Except as provided in §B(2) of this regulation, a person may not manufacture, sell, or make available for use after June 

30, 2007, any spout that does not meet all of the following performance standards: 

(a) Contains an automatic shut-off that stops the fuel flow before the target fuel tank overflows; 

(b) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not 

dispensing fuel; and 

(c) Is warranted by the manufacturer for a period of not less than 1 year against defects in materials and workmanship. 

(3) Notwithstanding the provisions of §C(1) and (2) of this regulation, a portable fuel container or spout or both portable 

fuel container and spout manufactured 30 days after the effective date of this regulation, may be sold, supplied, or offered for sale 

until 1 year after the time period beginning 30 days after the effective date of this regulation, if it is labeled or designated for use 

solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the 

portable fuel container or spout. 

(4) Except as provided in §B of this regulation, a portable fuel container, spout, or portable fuel container and spout 

produced on or after July 1, 2007, that is manufactured for sale, advertised for sale, sold, or offered for sale in Maryland or that is 

introduced, delivered, or imported into Maryland for commerce and that is subject to any of the standards specified in this 

regulation and documents incorporated by reference, shall be certified for use and sale by the manufacturer through CARB and 

covered by a CARB Executive Order. 

D. Innovative Products. 

(1) Portable fuel containers or spouts or both portable fuel containers and spouts which have been granted an innovative 

product exemption by the California Air Resources Board (CARB) are exempt from the requirements in §C of this regulation for 

the period of time that the CARB Innovative Products exemption remains in effect. Any manufacturer claiming such an 

exemption on this basis shall submit to the Department a copy of the CARB exemption decision (i.e., the Executive Order), 

including all conditions established by CARB applicable to the exemption. 

(2) For any portable fuel container or spout or both portable fuel container and spout for which an innovative product 

exemption has been granted under this regulation, the manufacturer shall notify the Department in writing at least 30 days before 

the manufacturer changes a product's design, delivery system, or other factors that may effect the VOC emissions during 

recommended usage. The manufacturer shall also notify the Department within 30 days after the manufacturer learns of any 

information that would alter the emissions estimates submitted to the Department in support of the exemption application. 

(3) If the performance standards specified in §C of this regulation are amended for a product category, all innovative 

product exemptions granted for products in the product category have no effect as of the effective date of the amended 

performance standards. 

E. Labeling and Notification. 
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(1) A manufacturer shall clearly display on each spill proof system: 

(a) The phrase "Spill-Proof System"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the portable fuel container or portable fuel container and spout as subject to and 

complying with §C(1) of this regulation. 

(2) A manufacturer shall clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on 

either the spill-proof spout or a label affixed thereto: 

(a) The phrase "Spill-Proof Spout"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the spout as subject to and complying with §C(2) of this regulation. 

(3) A manufacturer subject to §C(4) of this regulation shall clearly display on each portable fuel container or portable fuel 

container and spout: 

(a) The phrase "Spill-Proof Spout"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or 

portable fuel container and spout. 

(4) A manufacturer subject to §E(1) or (2) of this regulation shall file an explanation of both the date code and 

representative code with the Department not later than the later of 3 months after the effective date of this regulation or within 3 

months of production, and within 3 months after any change in coding. 

(5) A manufacturer subject to §E(2) of this regulation shall clearly display the make, model number, and size of only those 

portable fuel containers the spout is designed to accommodate and demonstrate compliance with §C(1) of this regulation on the 

accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto. 

(6) A manufacturer not subject to or not in compliance with §C of this regulation may not display the phrase "Spill-Proof 

System" or "Spill-Proof Spout" on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on 

any accompanying package. 

(7) A manufacturer subject to and complying with §C of this regulation that due to its design or other features cannot be 

used to refuel one or more on-road motor vehicles shall clearly display the phrase "Not Intended For Refueling On-Road Motor 

Vehicles" in type of 34 point or greater on each of the following: 

(a) For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system 

or on a label affixed thereto, and on the accompanying package, if any; and 

(b) For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed 

thereto, and on the accompanying package, if any. 

F. Variances. 

(1) Portable fuel containers and spouts or both portable fuel containers and spouts which have been granted a variance by 

CARB are exempt from the requirements in §C of this regulation for the period of time that the CARB variance remains in effect. 

A manufacturer claiming a variance on this basis shall submit to the Department a copy of the CARB variance decision (that is, 

the Executive Order), including all conditions established by CARB applicable to the variance. 

(2) A person or manufacturer who cannot comply with the requirements set forth in §C of this regulation, due to 

extraordinary reasons beyond the person's reasonable control, may apply in writing to the Department for a variance. The variance 

application shall set forth: 

(a) The specific grounds upon which the variance is sought; 

(b) The proposed date or dates by which compliance with the provisions of §C of this regulation will be achieved; and 

(c) A compliance report detailing the methods by which compliance will be achieved. 
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Effective as of July 21, 2014 

(3) A variance may not be granted unless: 

(a) Due to reasons beyond the reasonable control of the applicant, required compliance with §C of this regulation would 

result in extraordinary economic hardship; 

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the 

public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and 

(c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as 

expeditiously as possible. 

(4) The Department may hold a public comment hearing to receive comments on a request for a variance. 

(5) An approval of a variance shall specify a final date by which compliance with the provisions of §C of this regulation 

shall be achieved. An approved variance shall: 

(a) Specify a compliance date; 

(b) Contain conditions that the Department finds necessary to carry out the purposes of this regulation; and 

(c) Cease to be effective upon failure of the party to whom the variance is granted to comply with a term or condition of 

the variance. 

(6) Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from 

requirements of §C of this regulation after holding a public comment hearing in accordance with the provisions of §F(4) of this 

regulation. 

G. Testing Requirements and Record Keeping. 

(1) Testing Requirements. 

(a) Testing to determine compliance with §C(2) of this regulation shall be performed using the following test methods 

approved by CARB which are incorporated by reference: 

(i) "Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts", amended 

by CARB on July 26, 2006; and 

(ii) "Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts", adopted 

by CARB on July 6, 2000. 

(b) Testing to determine compliance with §C(1) of this regulation shall be performed using all test methods in §G(1)(a) 

and "Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems", adopted by CARB on July 6, 2000, which is 

incorporated by reference. 

(c) Testing to determine compliance with §C(4) of this regulation shall be performed by using the test methods in "CP501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts", adopted by CARB on July 26, 2006, which is 

incorporated by reference. 

(d) A manufacturer shall perform tests for determining compliance as set forth in this section to show that their product 

meets and complies with the performance standards before allowing the product to be offered for sale. 

(e) Alternative test methods that are shown to be accurate, precise, and appropriate may be used upon written approval of 

the Department and the Environmental Protection Agency (EPA). 

(2) Record Keeping. A manufacturer subject to this regulation shall keep all records of compliance tests for as long as the 

product is available for sale in the State, and make the records available to the Department within 60 days of a request. 

.08 Control of VOC Emissions from Marine Vessel Loading. 

A. Applicability. 

(1) In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, 

or Worchester counties, the requirements in §B of this regulation apply to the transfer of VOCs from a stationary storage tank into 

a marine vessel if the total emissions from all marine vessel loading at the premises during a calendar year are equal to or exceed 

50 tons. 
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Effective as of July 21, 2014 

(2) In Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, 

Montgomery, or Prince George's counties, the requirements in §B of this regulation apply to the transfer of VOCs from a 

stationary storage tank into a marine vessel if the total emissions from all marine vessel loading at the premises during a calendar 

year are equal to or exceed 25 tons. 

(3) The reporting requirements in §C of this regulation apply to all transfers of any amount of VOCs, except fuel oils, from 

a stationary storage tank into a marine vessel. 

B. General Requirements. 

(1) The transfer of VOCs into a marine vessel subject to this regulation is prohibited unless: 

(a) The marine vessel is equipped with a vapor return line; and 

(b) The vapor is vented into an air pollution control device that is demonstrated to recover or destroy at least 90 percent 

of the captured vapor. 

(2) The vapor control system shall be constructed, operated, and maintained so that VOC vapor leaks are minimized during 

the transfer of VOCs into a marine vessel. 

(3) VOCs may not be transferred into a marine vessel unless the vessel has been leak tested or pressure tested within the 

past 2 years using the Coast Guard requirements at 33 CFR §156.150. 

C. Record Keeping Requirements. 

(1) The owner or operator of a premises subject to this regulation shall record and maintain the following information: 

(a) The date and time when each marine vessel commenced and completed the loading of VOCs; 

(b) Identification of the product that was loaded into the marine vessel and the total volume loaded; and 

(c) The date when each marine vessel used was leak tested or pressure tested. 

(2) The records shall be maintained for a period of not less than 5 years and made available to the Department upon request 

and to members of the public subject to the provisions of the Maryland Public Information Act, State Government Article, §§10-

611—628, Annotated Code of Maryland. 

Administrative History 

Effective date: June 8, 1981 (8:9 Md. R. 800) 

Regulations .01B and .03B amended, .02C adopted, and .05F repealed effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .02C amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .04A amended effective August 10, 1987 (14:14 Md. R. 1572) 

—————— 

Chapter recodified from COMAR 10.18.13 to COMAR 26.11.13 

Regulation .01B amended effective December 3, 1989 (16:21 Md. R. 2266) 

—————— 

Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .01B amended effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894); April 26, 1993 (20:8 Md. R. 726); August 11, 1997 (24:16 

Md. R. 1161); October 8, 2007 (34:20 Md. R. 1741) 

Regulation .02 amended effective April 26, 1993 (20:8 Md. R. 726); July 19, 1993 (20:14 Md. R. 1170) 

Regulation .02C amended effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .04A amended effective February 17, 1992 (19:3 Md. R. 306); February 15, 1993 (20:3 Md. R. 260); April 26, 1993 (20:8 Md. R. 726); July 19, 

1993 (20:14 Md. R. 1170); July 21, 2014 (41:14 Md. R. 800) 

Regulation .04C amended effective April 26, 1993 (20:8 Md. R. 726); August 11, 1997 (24:16 Md. R. 1161) 

Regulation .04E adopted effective July 21, 2014 (41:14 Md. R. 800) 

Regulation .05B, C amended effective February 15, 1993 (20:3 Md. R. 260); July 21, 2014 (41:14 Md. R. 800) 

Regulation .06 adopted effective December 3, 1989 (16:21 Md. R. 2266) 

Regulation .06C amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .06 repealed effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894) 

Regulation .07 adopted effective April 26, 1993 (20:8 Md. R. 726) (Recodified as Regulation .06) 

Regulation .07 adopted effective January 21, 2002 (29:1 Md. R. 25) 

Regulation .07 amended effective June 18, 2007 (34:12 Md. R. 1068) 

Regulation .08 adopted effective October 8, 2007 (34:20 Md. R. 1741) 
26.11.15 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 15 Toxic Air Pollutants 

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. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Acceptable ambient level (AAL)" means a concentration of a toxic air pollutant in the atmosphere that the Department 

determines will provide a margin of safety to protect the public health from toxic, noncarcinogenic effects that may be caused by 

the toxic air pollutant and that is used to evaluate the air quality impacts of all premises within a 5-kilometer (3.1-mile) radius. 

AALs are listed in COMAR 26.11.16.09. 

(2) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after 

consideration of any physical or operational limitations required by this subtitle or by enforceable conditions included in an 

applicable air quality permit to construct, permit to operate, secretarial order, plan for compliance, consent agreement, or court 

order. 

(3) Best Available Control Technology for Toxics (T-BACT). 

(a) "T-BACT" means control technology that results in the maximum degree of emission reduction that the Department 

determines, on a case-by-case basis, is available for each toxic air pollutant discharged by the installation, taking into account the 

potency and toxicity of each toxic air pollutant and the technical and economic feasibility of control. 

(b) "T-BACT" includes production, operation, and maintenance procedures, emission control technology, and other 

emission reduction technologies or a combination of these technologies and procedures. 

(c) "T-BACT", as applicable to a MACT source, means: 

(i) A requirement that has been adopted by the US EPA under 40 CFR 63 and that applies to the installation, source, 

source category, or subcategory; 

(ii) A new source MACT as established by the Department in accordance with the provisions of 40 CFR §§63.40—

63.44; 

(iii) Alternative standard approved by the EPA Administrator; or 

(iv) Alternative emission limitation approved by the Department in accordance with 40 CFR Part 63, Subpart D. 

(4) "Class I toxic air pollutant (Class I TAP)" means a substance or group of substances that is listed in COMAR 

26.11.16.06. 

(5) "Class II toxic air pollutant (Class II TAP)" means any substance that is not a Class I TAP, for which there is no ambient 

air quality standard under this subtitle, that is not a simple asphyxiant or nuisance particulate, and that is: 

(a) A health hazard as that term is defined at 29 CFR §1915.1200 (July 1, 1994); or 

(b) Listed in COMAR 26.11.16.07B as an existing source Class II TAP, either individually or as a member of a group of 

substances. 

(6) "EPA's Risk Assessment Guidelines" means the U.S. Environmental Protection Agency's Guidelines for Carcinogenic 

Risk Assessment, 51 FR 33992 (September 24, 1986). 

(7) "Existing installation, existing source, or existing premises" means an installation, source, or premises, respectively, 

constructed before July 1, 1988, or for which the Department issued an air quality permit to construct before July 1, 1988. Any

existing installation that is modified but that is not reconstructed after July 1, 1988, remains an existing installation. 

(7-1) "Hazardous air pollutant (HAP)" means any of the hazardous air pollutants listed in §112(b) of the federal Clean Air 

Act of 1990, 42 U.S.C. §§7401—7671. 

(8) "Insignificant risk concentration (IRC)" means a concentration of a Class I toxic air pollutant in the atmosphere that 

would result in an excess individual lifetime cancer risk of not more than 1 in 100,000 (1 × 10 superscript -5) assuming 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

continuous exposure for 70 years and using procedures consistent with EPA's Risk Assessment Guidelines. IRCs are listed in 

COMAR 26.11.16.09. 

(9) "Installation" has the meaning given in COMAR 26.11.01.01, except that for purposes of this chapter, installation does 

not include air pollution control equipment as defined in COMAR 26.11.01.01. 

(9-1) "MACT source" means a NESHAP source that is subject to the requirements in 40 CFR 63; 

(9-2) "Maximum achievable control technology (MACT)", as applicable, means: 

(a) MACT emission limitation for existing sources as defined in 40 CFR §63.51; or 

(b) MACT emission limitation for new sources as defined in 40 CFR §63.51. 

(10) "New installation, new source, or new premises" means an installation, source, or premises, respectively, constructed 

or reconstructed on or after July 1, 1988, except as provided under §B(7) of this regulation. 

(10-1) "New source MACT" means maximum achievable control technology (MACT) emission limitation for new sources 

as defined in 40 CFR §63.41. 

(11) "Nuisance particulate" means dust that, when inhaled, causes a potentially reversible lung tissue reaction in which the 

architecture of the lung's air spaces remains intact, and collagen (scar tissue) is not formed to a significant extent. Examples of 

nuisance particulates are listed in COMAR 26.11.16.08. 

(12) "Premises" means all the installations or other sources that are located on contiguous or adjacent properties and that are 

under the control of one person or under common control of a group of persons. 

(13) "Reconstruct" means to replace components of an existing installation, or add components to an existing installation, to 

such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be 

required to construct a comparable entirely new installation. Reconstruct does not include replacement or additions that do not: 

(a) Cause the discharge of different toxic air pollutants; 

(b) Cause applicable screening levels to be exceeded; and 

(c) Increase the ambient concentration of any Class I toxic air pollutant. 

(14) "Screening analysis" means an optional procedure for demonstrating compliance with Regulation .06 of this chapter 

that compares maximum incremental ambient impacts with applicable screening levels. 

(15) "Screening level" means a concentration of a toxic air pollutant in the atmosphere used to evaluate the air quality 

impacts of a single premises. Screening level includes the following: 

(a) "Risk-based screening level" means a concentration of a Class I toxic air pollutant in the atmosphere as determined 

under COMAR 26.11.16.03; 

(b) "Special screening level (SSL)" means a concentration of a toxic air pollutant in the atmosphere that replaces a TLV 

or threshold-based screening level. Special screening levels are listed in COMAR 26.11.16.09; 

(c) "TLV-based screening level" means a concentration of a Class I or Class II toxic air pollutant in the atmosphere as 

determined under COMAR 26.11.16.03; 

(d) "Threshold-based screening level" means a concentration of a Class I or Class II toxic air pollutant in the atmosphere 

as determined under COMAR 26.11.16.03 when a TAP has neither a TLV-based nor a special screening level. 

(16) "Second tier analysis" means an optional procedure for demonstrating compliance with Regulation .06 of this chapter 

using an acceptable ambient level or an insignificant risk concentration, as provided in COMAR 26.11.16.02, instead of a 

screening level. 

(17) "Simple asphyxiant" means a physiologically inert gas or vapor that acts primarily by diluting atmospheric oxygen 

below the level required to maintain proper levels of oxygen in the blood. Examples of simple asphyxiants are listed in COMAR 

26.11.16.08. 

(18) "Threshold limit value (TLV)" means the airborne concentration of a substance that, according to the American 

Conference of Governmental Industrial Hygienists (ACGIH), represents conditions to which nearly all workers may be exposed 

without adverse effect and that is published in the chapter titled "1991—1992 Threshold Limit Values for Chemical Substances in
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Effective as of November 12, 2010 

the Work Environment" (Adopted by ACGIH with Intended Changes for 1991—1992), which is incorporated by reference. This 

chapter is found in the TLV booklet, defined in §B(19) of this regulation. TLV includes the following: 

(a) "Ceiling TLV (TLV-C)" means a concentration that ACGIH indicates should not be exceeded even instantaneously in 

a workplace; 

(b) "Short term exposure limit (TLV-STEL or STEL)" means a 15-minute time-weighted average concentration that 

ACGIH indicates should not be exceeded at any time during a workday; 

(c) "Threshold limit value—time weighted average (TLV-TWA)" means a concentration recommended by ACGIH for a 

normal 8-hour workday and 40-hour workweek. 

(19) "TLV booklet" means "1991—1992 Threshold Limit Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices" (American Conference of Governmental Industrial Hygienists, 1991). 

(20) Toxic Air Pollutant. 

(a) "Toxic air pollutant (TAP)" means any Class I or Class II toxic air pollutant, as defined in §B(4) and (5) of this 

regulation. 

(b) "Toxic air pollutant" does not include particulate matter and volatile organic compounds as generic classes of 

substances, but an individual substance or a group of substances within either of these classes is a TAP if it meets a criterion in 

§B(4) or (5) of this regulation. 

(21) "Upper bound unit risk factor" means the 95 percent upper confidence limit of an estimate of the extra risk of cancer 

associated with a continuous 70-year exposure to 1 microgram/cubic meter of a Class I toxic air pollutant. 

.02 Control of NESHAP and MACT Sources. 

A. A person may not construct, modify, operate, or cause to be constructed, modified, or operated any NESHAP source as 

defined in COMAR 26.11.01.01B(21), which results or will result in violation of any provisions of 40 CFR Part 61 (excluding 

Subparts B, H, I, K, Q, R, T, and W). 

B. A NESHAP source controlled under the requirements of §A of this regulation is not subject to the requirements of 

Regulations .05 and .06 of this chapter to the extent that emissions from the source are regulated under 40 CFR 61 (NESHAP), 

except that a source is subject to any applicable requirement under 40 CFR 63, or MACT or new source MACT established by the 

Department in accordance with the provisions of 40 CFR Part 63, Subpart B. 

C. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, a MACT source 

which results, or will result, in violation of any provisions of 40 CFR 63. 

D. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, any MACT 

source which results, or will result, in a violation of a MACT or new source MACT established by the Department in accordance 

with the provisions of 40 CFR Part 63, Subpart B. 

E. The applicability of a requirement under 40 CFR 63, a MACT, or a new source MACT to a source does not change the 

applicability of this chapter to that source. 

F. MACT sources may request from the Department a compliance extension for certain 40 CFR 63 requirements following the 

procedures set forth in 40 CFR Part 63, Subpart D. 

.03 Applicability and Exemptions. 

A. Applicability. 

(1) Sources Subject to Permit Requirements. Except as provided in this regulation and in Regulation .06 of this chapter, any 

installation or source that discharges a Class I or Class II TAP into the ambient air is subject to the requirements of this chapter if 

the installation or source: 

(a) Is required to obtain a permit to construct or approval under COMAR 26.11.02.09; or 

(b) Either has obtained, or was required to obtain, a State permit to operate on or before March 1, 1993. 

(2) Certain Electric Generating Stations. An installation that burns refuse-derived fuel that is part of a generating station 

constructed by an electric company is subject to the requirements of this chapter. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(3) Hazardous Waste Incinerators. A hazardous waste incinerator, as defined in COMAR 26.13.01.03B(33), for which a 

hazardous waste facility permit has been requested or issued is subject to the requirements of this chapter. 

(4) Sources Subject to Requirements Under 40 CFR 63. Regardless of the applicability of this chapter, a person that causes 

emissions of HAPs may be subject to the requirements of 40 CFR 63. 

(5) Other. The Department may require any installation or source not otherwise subject to this chapter to meet the 

requirements of this chapter if the Department determines that the installation or source has the potential to discharge toxic air 

pollutants in quantities that may unreasonably endanger the public health. 

B. Exempt Installations or Sources. 

(1) This section does not mean that a source is exempt from an applicable requirement under 40 CFR 63, or MACT or new 

source MACT established by the Department in accordance with the provisions of 40 CFR Part 63, Subpart B. 

(2) General Exemptions. The following installations or sources are exempt from the requirements of this chapter: 

(a) Fuel-burning equipment as defined at COMAR 26.11.09.01, other than equipment burning refuse-derived fuel; 

(b) Charbroilers and pit barbecues as defined in COMAR 26.11.18.01; and 

(c) Gasoline stations operated for the purpose of refueling motor vehicles. 

(3) Exemptions from Regulations .05 and .06 of this chapter. 

(a) Premises Discharging Small Quantities of Class II TAPs. The emissions of a Class II TAP from a premises are 

exempt from the requirements of Regulations .05 and .06 of this chapter, if: 

(i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or 

less; and 

(ii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 

micrograms/cubic meter. 

(b) Premises Discharging Small Quantities of Class I TAPs. The emissions of a Class I TAP from a premises are exempt 

from the requirements of Regulations .05 and .06 of this chapter, if: 

(i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or 

less; 

(ii) The total allowable emissions of the TAP from the premises are 350 pounds per year (159 kilograms per year) or 

less; 

(iii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 

micrograms/cubic meter; and 

(iv) The applicable risk-based screening level is greater than 1 microgram/cubic meter. 

(c) Other. The Department may, on a case-by-case basis, after providing public notice and an opportunity for a public 

hearing, exempt any other installation, source, or premises from a requirement under Regulations .05 and .06 of this chapter on

the basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the installation, source, or 

premises has a limited potential to discharge toxic air pollutants to the atmosphere and will not unreasonably endanger human 

health. 

(4) Exemption from Regulation .06. If the total allowable emissions of a Class II TAP from a premises will not create an 8-

hour concentration of the TAP in the atmosphere that exceeds 0.02 microgram/cubic meter beyond the property line, then 

emissions of that TAP from the premises are exempt from the requirements of Regulation .06 of this chapter. 

.04 Requirement to Quantify Emissions. 

A. New Installations or Sources. 

(1) The owner or operator of a new installation or source shall quantify emissions of each TAP that will be discharged and 

submit that information to the Department when applying for the permit to construct the new installation or source, or when an 

update is requested by the Department. 
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(2) Emissions shall be quantified in sufficient detail to determine whether the premises complies with the requirements of 

this chapter. 

B. Existing Installations or Sources. 

(1) The owner or operator of an existing installation or source that, on or before March 1, 1993, either has obtained or was 

required to obtain a State permit to operate shall quantify emissions of each toxic air pollutant that is discharged that is listed in 

COMAR 26.11.16.06 and .07B. 

(2) Emissions shall be quantified in sufficient detail to determine whether the premises complies with the requirements of 

this chapter. 

(3) An owner or operator of an existing installation or source shall submit emissions data not later than 1 year after 

becoming subject to this chapter or not later than the following dates, whichever is later: 

(a) January 1, 1989, for Class I toxic air pollutants listed in COMAR 26.11.16.06; 

(b) January 1, 1989, for Class II toxic air pollutants listed in COMAR 26.11.16.07B with a compliance date of July 1, 

1990; and 

(c) January 1, 1991, for any other Class II toxic air pollutants listed in COMAR 26.11.16.07B. 

C. Certain Exempt Sources. 

(1) Certain Premises Discharging Small Quantities of TAP. The owner or operator of a premises exempted from certain 

requirements under Regulation .03B(3)(a) or (b) of this chapter shall quantify emissions as required by §A or B of this regulation 

in sufficient detail to demonstrate the Department's satisfaction that emissions are less than the applicable emission rates listed in 

Regulation .03B(3)(a) or (b) of this chapter. 

(2) Other Sources Exempt from Regulations .05 or .06. The owner or operator of a NESHAP source or other installation, 

source, or premises exempted from certain requirements under Regulation .02B, .03B(3)(c), or .03B(4) of this chapter shall 

quantity emissions as required by §A or B of this regulation. 

D. Level of Detail. 

(1) An initial screening analysis under COMAR 26.11.16.02A may be based on a conservative estimate of emissions that 

represents good engineering judgment, if the Department determines that the analysis demonstrates applicable screening levels 

will not be exceeded. If compliance with Regulation .06 of this chapter cannot be demonstrated on this basis, more precise 

emission estimates shall be used. 

(2) An owner or operator of a source that discharges more than one toxic air pollutant may demonstrate compliance with 

Regulation .06 of this chapter by: 

(a) Quantifying emissions and performing modeling for each TAP individually; 

(b) Using procedures approved by the Department to quantify TAP emissions and perform modeling for a group of 

TAPs, and to evaluate concentrations on the basis of the toxicity of the most toxic component or components of the group; or 

(c) Using other procedures approved by the Department. 

(3) If several related substances are listed as Class I TAPs or are members of a group of substances listed as a Class I TAP, 

and these substances are evaluated using a common upper bound unit risk factor, then the substances shall be considered together 

as one TAP. For example, all hexavalent compounds of chromium that have been determined to be carcinogens shall be 

considered together as one TAP. Also, dioxin and furan emissions shall be considered together as one TAP and expressed as an 

equivalent emission of 2,3,7,8-tetrachlorodibenzo-p-dioxin based upon the relative potency of the isomers. 

.05 Control Technology Requirements. 

A. New or Reconstructed Installations. A person may not construct, reconstruct, operate, or cause to be constructed, 

reconstructed, or operated, any new installation or source that will discharge a toxic air pollutant to the atmosphere without 

installing and operating T-BACT. 
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B. Certain Installations Discharging Class I Toxic Air Pollutants. A person who requests a special permit as provided in 

COMAR 26.11.16.05 shall install and operate T-BACT on installations or sources discharging the Class I TAP in question 

located at the same premises. 

C. Existing Installations Using Dispersion Techniques. A person who complies with the ambient impact requirement in 

Regulation .06 of this chapter by increasing the height of a stack above good engineering practice or by using other dispersion

techniques shall use T-BACT. The following apply: 

(1) For purposes of this section, dispersion technique is defined as provided in 40 CFR §51.100(hh), 1996 edition, except 

that: 

(a) The provisions of 40 CFR §51.100(hh)(2)(v), 1996 edition, do not apply; that is, an installation's emissions of sulfur 

dioxide do not affect the definition of dispersion technique; 

(b) Good engineering practice (GEP) stack height shall be calculated as provided in 40 CFR §51.100(ii)(2)—(3), 1996 

edition; that is, a stack height 65 meters or less is not presumed to be GEP unless it meets other criteria in 40 CFR §51.100(ii). 

(2) This section applies only to stack heights increased after July 1, 1988, or dispersion techniques instituted after July 1, 

1988. 

(3) Unless an existing installation is controlled using T-BACT, the degree of emission limitation required in order to 

demonstrate compliance with Regulation .06 of this chapter may not be affected by the amount of the installation's stack height

that exceeds good engineering practice (GEP), or by any other dispersion technique. 

.06 Ambient Impact Requirement. 

A. Requirements for New Installations, Sources, or Premises. 

(1) Except as provided in §A(2) of this regulation, a person may not construct, modify, or operate, or cause to be 

constructed, modified, or operated, any new installation or source without first demonstrating to the satisfaction of the 

Department using procedures established in this chapter that total allowable emissions from the premises of each toxic air 

pollutant discharged by the new installation or source will not unreasonably endanger human health. 

(2) If a new installation or source will discharge a TAP that is not listed in COMAR 26.11.16.07 and will be part of an 

existing premises, then emissions of that TAP from existing sources or existing installations on the premises may be omitted from 

a screening analysis unless the TAP is added to COMAR 26.11.16.07. 

B. Requirements for Existing Installations, Sources, or Premises. 

(1) Except as provided in §B(3) of this regulation, a person may not cause or permit the discharge of a toxic air pollutant 

listed in COMAR 26.11.16.07 from an existing installation or source if total allowable emissions of that TAP from the premises 

will unreasonably endanger human health. 

(2) A person shall demonstrate compliance with §B(1) of this regulation using the procedures established in Regulation .07 

of this chapter and COMAR 26.11.16. 

(3) A person who owns or operates an existing premises shall meet the requirements of §B(1) and (2) of this regulation for 

each TAP listed in COMAR 26.11.16.07 by the applicable compliance dates listed in COMAR 26.11.16.07, or not later than 2 

years after becoming subject to this chapter, whichever is later. 

.07 General Requirements for Compliance Demonstrations. 

A. To demonstrate that a premises discharging a Class I TAP is in compliance with Regulation .06 of this chapter, a person 

shall demonstrate that allowable emissions will not unreasonably endanger human health both because of potential carcinogenic 

effects and because of other potential toxic effects. Demonstrations for Class II TAPs are required only for potential toxic effects 

other than cancer. 

B. To demonstrate compliance with Regulation .06 of this chapter a person may: 

(1) Use a screening analysis or second tier analysis, as explained in COMAR 26.11.16.02A and B; 

(2) Request a special permit under COMAR 26.11.16.05; or 

(3) Use other options provided by law. 
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C. A person may request approval of an interim special screening level, interim acceptable ambient level, or interim 

insignificant risk concentration as provided in COMAR 26.11.16.04 in order to use the interim level in place of a special 

screening level, AAL, or IRC to demonstrate compliance with Regulation .06 of this chapter. 

Administrative History 

Effective date: February 25, 1983 (10:1 Md. R. 30) 

Regulations .01E and .02 amended effective July 2, 1985 (12:11 Md. R. 1049); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492) 

Regulations .01 and .03 repealed effective April 6, 1987 (14:5 Md. R. 579) (Provisions transferred to COMAR 10.18.23) 

Regulation .02 amended effective January 5, 1988 (14:24 Md. R. 2555) 

—————— 

Annotation: Attorney General Opinion No. 83-015 (May 2, 1983) found that the Department of Health and Mental Hygiene has ample statutory authority to 

adopt the asbestos project cleanliness measurement found in COMAR 10.18.15.03B(1)(d)(ii). 

—————— 

Chapter recodified from COMAR 10.18.15 to COMAR 26.11.15 

Regulation .01 adopted effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .01B amended effective November 19, 1989 (16:20 Md. R. 2185); July 2, 1990 (17:10 Md. R. 1221); May 2, 1991 (18:6 Md. R. 689); November 23, 

1992 (19:23 Md. R. 2042); August 11, 1997 (24:16 Md. R. 1161) 

Regulation .02 amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 

1994 (21:12 Md. R. 1064); August 11, 1997 (24:16 Md. R. 1161) 

Regulations .03—.13 adopted effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .03A amended effective November 19, 1989 (16:20 Md. R. 2185); May 8, 1995 (22:9 Md. R. 653); August 11, 1997 (24:16 Md. R. 1161) 

Regulation .04A, B amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .07C amended effective June 20, 1989 (16:9 Md. R. 995) 

Regulation .09B amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .10D amended effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .11 amended effective November 9, 1992 (19:22 Md. R. 1990) 

Regulation .12 amended effective November 9, 1992 (19:22 Md. R. 1990) 

Regulation .13 amended effective May 2, 1991 (18:6 Md. R. 689) 

Regulation .14 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

—————— 

Regulations .01—.07A amended and Regulations .07B—.14 recodified to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533) 

Regulation .01B amended effective December 25, 2000 (27:25 Md. R. 2285) 

Regulation .02 amended effective December 25, 2000 (27:25 Md. R. 2285) 
26.11.16 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 16 Procedures Related to Requirements for Toxic Air Pollutants 

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. 

The terms defined in COMAR 26.11.15 also apply throughout this chapter. 

.02 Demonstrating Compliance with COMAR 26.11.15.06. 

A. Screening Analysis. 

(1) Carcinogenic Effects. A person may demonstrate that emissions of a Class I TAP from a premises will not unreasonably 

endanger human health because of potential carcinogenic effects by a screening analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed the risk-based screening level for the TAP. 

(2) Other Toxic Effects. 

(a) A person may demonstrate that emissions of a Class I or Class II TAP from a premises do not unreasonably endanger 

human health because of potential toxic effects other than cancer by a screening analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed applicable TLV-based, threshold-based, or special 

screening levels. 

(b) If a special screening level has been adopted, a TLV-based or threshold-based screening level may not be used for 

that TAP. A threshold-based screening level may be used only if there is no TLV, no special screening level, and no acceptable 

ambient level for a TAP. 

(3) For a screening analysis, a person may use the dispersion modeling procedures in Air Management Administration 

Technical Memorandum 86-02 (TM 86-02), "Ambient Air Quality Impact Screening Analysis for Toxic Air Pollutants", which is 

incorporated by reference, or other, more rigorous dispersion modeling procedures as provided in §C(1)(a) of this regulation. If 

concentrations predicted using TM 86-02 exceed applicable screening levels, more rigorous modeling techniques should be used 

in either a screening analysis or a more detailed analysis. 

(4) Instead of using dispersion modeling, a person may conduct a screening analysis by showing that total allowable 

emissions of a TAP will be less than the most stringent applicable emission rate listed in the tables in this section. Multiple

screening levels with different averaging periods may apply to a TAP. These tables may not be used with screening levels having

averaging periods other than those listed in the tables. Emission rates labeled "10 Meter Stacks, No Downwash" may be used only

if all emissions of the TAP are discharged from a stack or stacks at least 32.8 feet (10 meters) high under conditions preventing 

downwash. (TM 86-02 describes conditions causing downwash.) Except as provided in COMAR 26.11.15.06, these emission 

rates apply to the total allowable emissions from a premises. 

Screening Level 

Premises Emission Rate 

(10 Meter Stacks and No Downwash)

Premises Emission Rate 

(Shorter Stack, Possible Downwash, or Fugitive) 

Annual (micrograms/ cubic meter) (lb./yr.) (kg/yr.) (lb./yr.) (kg/yr.) 

0.001—0.0099 1.66 0.75 0.36 0.16 

0.01—0.099 16.64 7.53 3.65 1.65 

0.1—0.99 166.44 75.39 36.52 16.54 

1.0—10 1664.40 753.97 365.29 165.47 

Greater than 10 16644.00 7539.73 3652.92 1654.77 
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8-Hour or 1-Hour 

(micrograms/ cubic 

meter) (lb./hr.) (kg/hr.) (lb./hr.) (kg/hr.) 

1—9.9 0.01 0.007 0.003 0.001 

10—29.9 0.16 0.07 0.04 0.01 

30—59.9 0.49 0.22 0.10 0.04 

60—99.9 0.98 0.44 0.21 0.09 

100—129.9 1.60 0.70 0.36 0.16 

130—250 2.12 1.00 0.46 0.21 

Greater than 250 4.07 1.80 0.89 0.40 

B. Second Tier Analysis. 

(1) Carcinogenic Effects. A person may demonstrate that emissions of a Class I TAP from a premises will not unreasonably 

endanger human health because of potential carcinogenic effects by a second tier analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed an insignificant risk concentration (IRC) for the TAP, or 

by an approvable request for a special permit under Regulation .05 of this chapter. A second tier analysis would be appropriate if 

new information is available concerning carcinogenic dose-response relationships. A special permit should be requested if a 

person wishes to more accurately characterize exposure, to justify approval of risks greater than 1 × 10 superscript -5, or to 

otherwise modify assumptions to more accurately represent risks. 

(2) Other Toxic Effects. A person may demonstrate that emissions of a Class I or Class II TAP from a premises will not 

unreasonably endanger human health because of toxic effects other than cancer by a second tier analysis showing that total 

allowable emissions from the premises will not contribute to concentrations exceeding the applicable acceptable ambient level 

(AAL) for the TAP. 

C. General Procedures for Compliance Demonstrations. 

(1) Dispersion Modeling Procedures Required. 

(a) A person using dispersion modeling to demonstrate compliance with COMAR 26.11.15.06 shall use procedures 

approved by the Department. The Department will approve dispersion modeling procedures that are consistent with the U.S. 

Environmental Protection Agency's guidance on dispersion modeling. 

(b) For second tier analysis showing that total allowable emissions from a premises will not contribute to concentrations 

exceeding an acceptable ambient level, a person shall use available emissions data to model ambient impacts caused by other 

sources of the Class II TAP within 5 kilometers (3.1 miles) of the premises. The Department will assist persons modeling ambient 

concentrations for comparison to AALs by providing available information on emissions from other sources or on background 

levels. The Department may provide additional assistance as resources permit. 

(2) Averaging Times. To demonstrate compliance with this chapter, a person shall use the averaging time consistent with 

the applicable screening level, AAL, or IRC unless the Department requires the use of a shorter averaging time. The Department 

will require that a shorter averaging time be used if it determines that the operating procedures of the source may cause a high 

concentration of a TAP for a short period and that consideration of potential health effects due to peak exposures may be 

warranted for the TAP. 

.03 Screening Levels. 

A. Screening Levels for Toxic Effects Other than Cancer. 

(1) TLV-Based Screening Levels. TLV-based screening levels shall be determined as follows: 

(a) If a toxic air pollutant (TAP) has a threshold limit value-time weighted average (TLV-TWA), divide the TLV-TWA 

by 100 to calculate an 8-hour time-weighted average screening level; 

(b) If a TAP has a ceiling TLV (TLV-C) or a short term exposure limit (TLV-STEL), divide the TLV-C or TLV-STEL 

by 100 to calculate a 1-hour time-weighted average screening level; 
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(c) If a TAP has both a TLV-TWA and TLV-STEL, calculate both 8-hour and 1-hour time-weighted average screening 

levels as described above. 

(2) Threshold-Based Screening Levels. 

(a) If a TAP has neither a TLV, nor a special screening level, nor an acceptable ambient level, then a person may use one of 

the following formulae, given in order of preference, to develop an 8-hour threshold-based screening level in milligrams/cubic meter. 

In these formulae, a NOEL is a No Observed Effect Level, and an LC50 or LD50 is a concentration or dose, respectively, expected to 

cause the death of 50 percent of an entire defined experimental animal population. The following are formulae to be used: 

(i) Divide a 90-day inhalation NOEL in milligrams/cubic meter for rats, mice, or rabbits by 100; 

(ii) Multiply a 90-day oral NOEL in milligrams/kilograms for rats by 2.7 × 10-3rd), for mice by 9.0 × 10-4th), or for 

rabbits by 1.3 × 10-3rd); 

(iii) Divide a 7-day inhalation NOEL in milligrams/cubic meter for rats, mice, or rabbits by 700; 

(iv) Multiply a 7-day oral NOEL in milligrams/kilograms for rats by 3.8 × 10-4th), for mice by 1.3 × 10-4th), or for 

rabbits by 1.9 × 10-4th); 

(v) Divide an LC50 in milligrams/cubic meter for rats, mice, or rabbits by 10,000; or 

(vi) Multiply an oral LD50 in milligrams/kilograms for rats by 4.1 × 10-5th), for mice by 1.4 × 10-5th), or for rabbits by 

2.0 × 10-5th). 

(b) When two or more animal test data acceptable to the Department are available for use under a subparagraph in 

§A(2)(a) of this regulation, the screening level shall be calculated using the data producing the lowest screening level. 

(c) The above formulae are not the only ones appropriate for developing screening levels. These are acceptable formulae 

to the Department at this time. Other formulae may be used to calculate special screening levels. 

(3) Special Screening Level. If a special screening level for a toxic air pollutant is listed in Regulation .09 of this chapter, 

the special screening level or levels in Regulation .09 of this chapter replace applicable TLV-based or threshold-based screening 

levels for that toxic air pollutant. 

(4) General. 

(a) The Department may adopt special screening levels for TAPs that ACGIH has identified as carcinogens. A person 

should contact the Air Management Administration before using a TLV-based screening level for any of these TAPs. 

(b) The Department will provide information on TLV-based screening levels upon request. 

(c) The Department will maintain a list of AALs under consideration pending their adoption into this chapter, and will 

make a list available upon request. 

B. Screening Level for Carcinogenic Effects. 

(1) "Risk-based screening level" means the annual average concentration, in micrograms per cubic meter, that would 

increase a person's lifetime cancer risk by 1 in 100,000 (1 × 10-5th)) if the person were continuously exposed to the concentration 

for 70 years. The Department will calculate the risk-based screening level using: 

(a) If available, a unit risk factor developed by the Cancer Assessment Group of the U.S. Environmental Protection 

Agency (termed a CAG unit risk factor); or 

(b) If a CAG unit risk factor is not available, an upper bound unit risk factor developed in accordance with EPA's Risk 

Assessment Guidelines. 

(2) The Department will maintain an up-to-date list of available risk-based screening levels and will provide information on 

these levels upon request. 

.04 Scientific Review and Amendment of Various Levels and Lists. 

A. Ongoing Scientific Review. 

(1) In order to use the best available scientific information, the Department will conduct an ongoing review of information 

concerning whether to add or delete toxic air pollutants under Regulations .06 and .07 of this chapter and concerning what 
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screening levels or ambient concentrations should be used to review emissions of toxic air pollutants. In its ongoing review, the 

Department will consider scientific information developed by the U.S. Environmental Protection Agency, other states, or other 

scientific organizations. The Department will also consider scientific information provided by any person. 

(2) In reviewing information about toxic air pollutants or requests to amend lists, screening levels, or ambient 

concentrations, the Department will request advice from the Governor's Science Advisory Council. 

B. Interim Levels Set During Permit Review. 

(1) Requesting Approval. 

(a) In order to demonstrate compliance with COMAR 26.11.15.06 when scientific evidence indicates a screening level 

adopted under this chapter should be revised, a person may request Departmental approval of an interim special screening level,

interim AAL, or interim IRC for a TAP. The person shall submit written information on the health effects of the TAP, the levels

at which health effects have occurred, and other supporting information requested by the Department. 

(b) The Department may use an interim special screening level, interim AAL, or interim IRC, to establish allowable 

emissions of a TAP for a source until a special screening level, AAL, or IRC for the TAP has been adopted or amended under this

chapter. 

(2) Scientific and Public Review. 

(a) In order to evaluate information concerning a proposed interim special screening level, an interim AAL, or interim 

IRC, the Department may convene a scientific review panel consisting of scientific experts from within or outside the 

Department. 

(b) If the Department makes a determination to proceed with an interim special screening level, interim AAL, or interim 

IRC, it will notify the applicant. The applicant shall publish a notice of an opportunity for a public hearing on the interim special 

screening level, interim AAL, or interim IRC, using the procedures set forth at COMAR 26.11.02.12F, G for providing public 

notice and an opportunity for public hearing. 

(c) If the Department is required or intends to provide an opportunity for a public hearing on a permit or approval for the 

source in question, the opportunity for a public hearing on the interim special screening level, interim AAL, or interim IRC, may 

be provided concurrently. 

(3) Approval Criteria. The Department will approve an interim special screening level, interim AAL, or interim IRC, only if 

it meets the approval criteria listed under §D of this regulation. 

C. Petitions. 

(1) Filing. In accordance with COMAR 26.01.03, any interested person may file a petition asking the Department to adopt 

or amend a special screening level, acceptable ambient level, or insignificant risk concentration for a TAP. The petitioner should 

submit information on the health effects expected to be caused by the TAP, the levels at which health effects occur, other 

information that supports adopting or changing a screening level, acceptable ambient level, or insignificant risk concentration. 

(2) Scientific Review. In order to evaluate information submitted by a petitioner, the Department may convene a scientific 

review panel consisting of scientific experts from within or outside the Department. 

D. Approval Criteria. 

(1) Special Screening Level. The Department will adopt a special screening level only if it determines that the level will not 

unreasonably endanger human health and provides a scientifically appropriate basis for screening analysis. In deciding whether to 

establish a special screening level for a TAP, the Department will consider the scientific basis for both the special screening level 

and any applicable TLV as well as other available information on the health effects of the TAP. 

(2) Acceptable Ambient Level. The Department will adopt an AAL under this chapter only if the Department determines 

that concentrations at that level will provide a margin of safety to protect the public health from toxic effects of the TAP other 

than cancer. 

(3) Insignificant Risk Concentration. 

(a) The Department will adopt an IRC under this chapter only if the Department determines the IRC is calculated using 

procedures consistent with EPA's Risk Assessment Guidelines and is the annual average concentration, in micrograms per cubic 
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meter, that would increase a person's lifetime cancer risk by not more than 1 in 100,000 (1 × 10-5th)) if the person were 

continuously exposed to the concentration for 70 years. 

(b) In deciding whether to adopt an IRC, the Department will consider factors contributing to the uncertainty of the 

applicable upper bound unit risk factor, including: 

(i) Whether it is appropriate to use a most likely estimate of risk rather than a 95 percent upper confidence limit in 

developing an IRC; 

(ii) Whether the IRC should be based on the highest unit risk factor developed from the most sensitive species; and 

(iii) Other pertinent information. 

.05 Procedures for Requesting Special Permits. 

A. Applicability. 

(1) A person who cannot demonstrate that a premises discharging a Class I TAP complies with COMAR 26.11.15.06 using 

a risk-based screening level may submit a written request for the Department to establish allowable emissions for the premises in 

a special permit. 

(2) The Department will issue a special permit to specify the maximum allowable emissions of any Class I TAP discharged 

from the premises. 

(3) Except as provided by State Government Article, §10-404, Annotated Code of Maryland, a special permit expires 5 

years from the date it is issued by the Department. 

B. Approval Criteria. The Department will approve a special permit only if it determines that emission controls represent at 

least T-BACT and emissions of toxic air pollutants will not unreasonably endanger human health. In making this determination, 

the Department will consider information submitted by the applicant, public comments, and other available and relevant 

information, including: 

(1) The effectiveness, cost, feasibility, and timing of additional risk reductions, including consideration of process changes 

or relocation of the source; 

(2) Estimated public health risks; 

(3) Environmental and social consequences of granting or denying the permit; and 

(4) Uncertainty in data or analysis. 

C. Application. 

(1) Required Information. A person applying for a special permit shall submit the following information to the Department 

in addition to any other information required by COMAR 26.11.02: 

(a) A demonstration that emission controls on installations at the premises that discharge the Class I TAP in question 

represent T-BACT; 

(b) A description and assessment of the effectiveness, cost, and feasibility of potential methods for achieving additional 

risk reductions; 

(c) An assessment of the increased risk of cancer caused by allowable emissions from the premises, determined using 

procedures consistent with EPA's Risk Assessment Guidelines and approved by the Department; 

(d) A description of current or future populations that may be affected by the premises' emissions; 

(e) An assessment of other environmental health stresses borne by the affected population; and 

(f) Other information requested by the Department and pertinent to the Department's decision to grant or deny the special 

permit. 

(2) Risk Assessment. 

(a) The risk assessment submitted under §C(1)(c) of this regulation shall include: 

(i) A discussion of overall uncertainty in data and analysis; and 
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(ii) An estimate of the increase in individual risk from a continuous 70-year exposure to the highest annual average 

concentration off the property. 

(b) The risk assessment submitted under §C(1)(c) of this regulation includes one or more alternative characterizations of 

risk, such as: 

(i) The estimated increase in individual risk at the location of the most exposed individual; 

(ii) The estimated increase in individual risk from each year of exposure; 

(iii) The maximum number of cancers in the exposed population that would be expected due to operation of the 

premises; or 

(iv) Other risk estimates more accurately characterizing exposure from emissions from the premises. 

(c) The risk assessment submitted under §C(1)(c) of this regulation may use alternative unit risk factors, alternative 

dispersion modeling techniques, or other alternative risk assessment procedures approved by the Department and consistent with 

EPA's Risk Assessment Guidelines. 

D. Scientific Review and Public Hearing. 

(1) Optional Scientific Review Panel. If the Department makes a preliminary decision to consider an application for a 

special permit, it may convene a scientific review panel consisting of experts from within or outside the Department to evaluate 

information submitted as part of the application. 

(2) Public Notice and Opportunity for Public Hearing. 

(a) Except as provided in §D(2)(b) of this regulation, if the Department makes a determination to proceed with the 

application, it will follow the procedures under COMAR 26.11.02.12F and G for providing public notice and an opportunity for 

public hearing. 

(b) Unless public notice and an opportunity for public hearing are required by Environment Article, §2-204, Annotated 

Code of Maryland, or by other State or federal regulations, the Department will waive the requirement for public notice and 

opportunity for public hearing under this section if the Department determines that all of the following conditions are met: 

(i) T-BACT is being used to reduce emissions of the TAP from the premises; 

(ii) Emissions from the premises will not unreasonably endanger human health; 

(iii) Emissions from the premises will cause increases in ambient levels of the TAP that are greater than the risk-based 

screening level for the TAP only on property that is zoned and used for industrial purposes; and 

(iv) Increases in ambient levels of the TAP on property that is zoned and used for industrial purposes will increase a 

person's lifetime cancer risk by not more than 1 in 100,000 (1 X 10 superscript -5) using assumptions that are consistent with 

EPA's Risk Assessment Guidelines and that the Department concludes accurately characterize worst plausible exposure and risk 

in those areas. For areas zoned and used for industrial purposes, the Department will assume a person is continuously exposed to 

the TAP for 40 hours a week for 40 years unless the Department concludes that other exposure assumptions would more 

accurately characterize worst plausible exposures in a particular instance. 

.06 Class I Toxic Air Pollutants. 

A. Known Human Carcinogens. 

CAS 

Number Substance

(1) 92-67-1 4-Aminobiphenyl; 

(2) — Analgesic mixtures containing phenacetin; 

(3) — Arsenic and inorganic arsenic compounds; 

(4) — Asbestos; 

(5) 466-86-6 Azathioprine (purine); 

(6) 71-43-2 Benzene; 

(7) 92-87-5 Benzidine; 
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CAS 

Number Substance

(8) 55-98-1 1,4-Butanediol dimethanesulphonate; 

(9) 305-03-3 Chlorambucil; 

(10) — 1-(2 Chloroethyl)-3-(4 methylcyclohexyl)-1 nitrosourea (methyl CCNU); 

(11) 494-03-1 N,N-Bis(2-chloroethyl)-2-naphthylamine (chloronaphazine); 

(12) 542-88-1 Bis(chloromethyl) ether; 

(13) 107-30-2 Chloromethyl methyl ether; 

(14) — Chromium compounds in the oxidation state VI 

(i.e., hexavalent chromium compounds), except sodium dichromate; 

(15) — Coke oven emissions; 

(16) 50-18-0 Cyclophosphamide; 

(17) 56-53-1 Diethylstilbesterol (DES); 

(18) 12510-42-8 Erionite; 

(19) — Estrogens (conjugated); 

(20) 148-82-3 Melphalan; 

(21) 298-81-7 Methoxsalen; 

(22) 505-60-2 Mustard gas; 

(23) 91-59-8 2-Naphthylamine; 

(24) 1314-20-1 Thorium dioxide; 

(25) 299-75-2 Treosulphan; 

(26) 75-01-4 Vinyl chloride. 

B. Probable Human Carcinogens. 

CAS Number Substance

(1) 60-35-5 Acetamide; 

(2) 53-96-3 2-Acetylaminofluorene; 

(3) 79-06-1 Acrylamide; 

(4) 107-13-1 Acrylonitrile; 

(5) 50-76-0 Actinomycin D; 

(6) 23214-92-8 Adriamycin; 

(7) 3688-53-7 AF-2: (2-(2-furye)-3-(5-nitro-2-furye)acrylamide); 

(8) — Aflatoxins; 

(9) 117-79-3 2-Aminoanthraquinone; 

(10) 60-09-3 p-Aminoazobenzene; 

(11) 82-28-0 1-Amino-2-methylanthraquinone; 

(12) 26148-68-5 A-a-C (2-Amino-9H-pyrido[2,3-b]indole); 

(13) 61-82-5 Amitrole; 

(14) 90-04-0 o-Anisidine; 

(15) 134-28-2 o-Anisidine hydrochloride; 

(16) 140-57-8 Aramite; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(17) 492-80-8 Auramine; 

CAS Number Substance

(18) 56-55-3 Benz(a)anthracene; 

(19) 50-32-8 Benzo(a)pyrene; 

(20) 204-99-2 Benzo(b)fluoranthene; 

(21) 98-07-7 Benzotrichloride; 

(22) — Beryllium and compounds; 

(23) 154-93-8 Bischloroethyl nitrosourea; 

(24) 106-99-0 1,3-Butadiene; 

(25) 25013-16-5 Butylated hydroxyanisole (BHA); 

(26) — Cadmium and compounds; 

(27) 56-23-5 Carbon tetrachloride; 

(28) 9000-07-1 Carrageen: degraded; 

(29) 56-75-7 Chloramphenicol; 

(30) 13010-47-4 1-(2-Chloroethyl)-3-cyclohexyl-1-nitrosourea (CCNU); 

(31) 67-66-3 Chloroform; 

(32) — Chlorophenoxy herbicides; 

(33) 95-83-0 4-Chloro-o-phenylenediamine; 

(34) — p-Chloro-o-toluidene; 

(35) 15663-27-1 Cisplatin; 

(36) 120-71-8 p-Cresidine; 

(37) 135-20-6 Cupferron; 

(38) 14901-08-7 Cycasin; 

(39) 4342-03-4 Dacarbazine; 

(40) 50-29-3 DDT (1,1,1-trichloro-2,2-bis(p-chlorophenyl)-ethane); 

(41) 615-05-4 2,4-Diaminoanisole; 

(42) 39156-41-7 2,4-Diaminoanisole sulfate; 

(43) 95-80-7 2,4-Diaminotoluene; 

(44) 226-36-8 Dibenz(a,h)acridine; 

(45) 224-42-0 Dibenz(a,j)acridine; 

(46) 53-70-3 Dibenz(a,h)anthracene; 

(47) 194-59-2 7H-Dibenzo(c,g)carbazole; 

(48) 189-64-0 Dibenzo(a,h)pyrene; 

(49) 189-55-9 Dibenzo(a,i)pyrene; 

(50) 96-12-8 1,2-Dibromo-3-chloropropane (DBCP); 

(51) 106-46-7 p-Dichlorobenzene; 

(52) 91-94-1 3,3'-Dichlorobenzidine; 

(53) 107-06-2 1,2-Dichloroethane; 

(54) 542-75-6 1,3-Dichloropropene (technical grade); 

(55) 87-17-3 Dienoestrol; 
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(56) 1464-53-3 Diepoxybutane; 

CAS Number Substance

(57) 117-81-7 Di(2-ethylhexyl)phthalate; 

(58) 66-67-5 Diethyl sulfate; 

(59) 119-90-4 3,3'-Dimethoxybenzidine; 

(60) 60-11-7 4-Dimethylaminoazobenzene; 

(61) 119-93-7 3,3'-Dimethylbenzidine; 

(62) 79-44-7 Dimethylcarbamoyl chloride; 

(63) 57-14-7 1,1-Dimethylhydrazine; 

(64) 77-78-1 Dimethyl sulfate; 

(65) 123-91-1 1,4-Dioxane; 

(66) — Dioxins and furans; 

(67) 1937-37-7 Direct Black 38; 

(68) 2602-46-2 Direct Blue 6; 

(69) 16071-86-6 Direct Brown 95; 

(70) 106-89-8 Epichlorohydrin; 

(71) — Estrogens (unconjugated); 

(72) 8056-51-7 Ethinyloestradiol; 

(73) 140-88-5 Ethyl acrylate; 

(74) 106-93-4 Ethylene dibromide (1,2-dibromoethane) (EDB); 

(75) 75-21-8 Ethylene oxide; 

(76) 96-45-7 Ethylene thiourea; 

(77) 759-23-9 N-Ethyl-N-nitrosourea; 

(78) 50-00-0 Formaldehyde; 

(79) 67730-11-4 Glu-P-1(2-amino-6-methyldipyrido[1,2-a:3',2'-d] imidazole); 

(80) 67730-12-5 Glu-P-2(2-aminodipyrido[1,2-a:3',2'-d]imidazole); 

(81) 126-07-8 Griseofulvin; 

(82) 118-74-1 Hexachlorobenzene; 

(83) 680-31-9 Hexamethylphosphoramide; 

(84) 302-01-2 Hydrazine; 

(85) 10034-93-2 Hydrazine sulfate; 

(86) 122-66-7 Hydrazobenzene; 

(87) 193-39-5 Indeno(1,2,3-cd)pyrene; 

(88) — IQ (2-amino-3-methylimidazo[4,5-f]quinoline); 

(89) 9004-66-4 Iron dextran complex; 

(90) 143-50-0 Kepone; 

(91) 301-04-2 Lead acetate; 

(92) 7446-27-7 Lead phosphate; 

(93) 58-89-9 Lindane and other hexachlorocyclohexane isomers; 

(94) — MeA-a-C(2-amino-3-methyl-9H-pyrido[2,3-b] indole); 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(95) 72-33-3 Mestranol; 

CAS Number Substance

(96) 484-20-8 5-Methoxypsoralen; 

(97) 75-55-8 2-Methylaziridine; 

(98) 101-14-4 4,4'-Methylene bis(2-chloroaniline) (MOCA); 

(99) 101-61-1 4,4'-Methylene bis(N,N'-dimethyl) benzenamine; 

(100) 107-77-9 4,4'-Methylenedianiline; 

(101) 13552-44-8 4,4'-Methylenedianiline dihydrochloride; 

(102) 78-88-4 Methyl iodide; 

(103) 684-93-5 N-Methyl-N-nitrosourea; 

(104) 615-53-2 N-Methyl-N-nitrosourethane; 

(105) 75-09-2 Methylene chloride; 

(106) 443-48-1 Metronidazole; 

(107) 90-94-8 Michler's ketone; 

(108) 2385-85-5 Mirex; 

(109) — Nickel and compounds; 

(110) 139-13-9 Nitriloacetic acid; 

(111) 1836-75-5 Nitrofen; 

(112) 51-75-2 Nitrogen mustard; 

(113) 99-59-2 5-Nitro-o-anisidine; 

(114) 79-46-9 2-Nitropropane; 

(115) 1116-54-7 N-Nitrosodiethanolamine; 

(116) 55-18-5 N-Nitrosodiethylamine; 

(117) 62-75-9 N-Nitrosodimethylamine; 

(118) 924-16-3 N-Nitrosodi-n-butylamine; 

(119) 621-64-7 N-Nitrosodi-n-propylamine; 

(120) 156-10-5 p-Nitrosodiphenylamine; 

(121) — 3-(N-Nitrosomethylamino) propionitrile; 

(122) — 4-(N-Nitrosomethylamino)-1-(3-pyridyl)-1-butanone (NNK); 

(123) 4549-40-0 N-Nitrosomethylvinylamine; 

(124) 59-89-2 N-Nitrosomorpholine; 

(125) 759-73-9 N-Nitroso-n-ethylurea; 

(126) 684-93-5 N-Nitroso-n-methylurea; 

(127) 621-64-7 N-Nitroso-n-propylamine; 

(128) 16543-55-8 N-Nitrosonornicotine; 

(129) 100-75-4 N-Nitrosopiperidine; 

(130) 930-55-2 N-Nitrosopyrrolidine; 

(131) 13256-22-9 N-Nitrososarcosine; 

(132) 68-22-4 Norethisterone; 

(133) 50-28-2 Oestradiol-17-beta; 
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(134) 53-16-7 Oestrone; 

CAS Number Substance

(135) 434-07-1 Oxymethalone; 

(136) 62-44-2 Phenacetin; 

(137) 94-78-0 Phenazopyridine; 

(138) 136-40-3 Phenazopyridine hydrochloride; 

(139) 50-06-6 Phenobarbital; 

(140) 57-41-0 Phenytoin; 

(141) 630-93-3 Phenytoin, sodium salt; 

(142) — Polybrominated biphenyls (PBBs); 

(143) — Polychlorinated biphenyls (PCBs); 

(144) 7758-01-2 Potassium bromate; 

(145) 671-16-9 Procarbazine; 

(146) 366-70-1 Procarbazine hydrochloride; 

(147) 57-83-0 Progesterone; 

(148) 1120-71-4 1,3-Propane sultone; 

(149) 57-57-8 B-Propiolactone; 

(150) 75-56-9 Propylene oxide; 

(151) 51-52-5 Propylthiouracil; 

(152) 50-55-5 Reserpine; 

(153) 81-07-2 Saccharin; 

(154) 94-59-7 Safrole; 

(155) 7446-34-6 Selenium sulfide; 

(156) 132-27-4 Sodium orthophenylphenate; 

(157) 18883-66-4 Streptozotocin; 

(158) 95-06-7 Sulfallate; 

(159) 62-55-5 Thioacetamide; 

(160) 62-56-6 Thiourea; 

(161) 584-84-9 2,4-Toluene diisocyanate; 

(162) 95-53-4 o-Toluidine; 

(163) 636-21-5 o-Toluidine hydrochloride; 

(164) 8001-35-2 Toxaphene; 

(165) 88-06-2 2,4,6-Trichlorophenol; 

(166) 68-76-8 Tris(aziridinyl)-para-benzoquinone (triaziquone); 

(167) 52-24-4 Tris(1-aziridinyl)phosphine sulfide; 

(168) 126-72-7 Tris(2,3-dibromopropyl)phosphate; 

(169) 66-75-1 Uracil mustard; 

(170) 51-79-6 Urethane; 

(171) 593-60-2 Vinyl bromide. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

C. Potential Human Carcinogens. 

CAS Number Substance

(1) 75-07-0 Acetaldehyde; 

(2) 97-56-3 o-Aminoazotoluene; 

(3) 712-68-5 2-Amino-5-(5-nitro-2-furyl)-1,3,4-thiadiazole; 

(4) 115-02-6 Azaserine; 

(5) 205-82-3 Benzo(j)fluoranthene; 

(6) 205-08-9 Benzo(k)fluoranthene; 

(7) 1694-09-3 Benzyl violet 4b; 

(8) 3068-88-0 B-Butyrolactone; 

(9) 6358-53-8 Citrus Red No. 2; 

(10) 20830-81-3 Daunomycin; 

(11) 613-35-4 N,N-Diacetylbenzidine; 

(12) 101-80-4 4,4'-Diaminodiphenyl ether; 

(13) 192-65-4 Dibenzo(a,e)pyrene; 

(14) 191-30-0 Dibenzo(a,l)pyrene; 

(15) 28434-86-8 3,3'-Dichloro-4,4'-diaminodiphenyl ether; 

(16) 1615-80-1 1,2-Diethylhydrazine; 

(17) 101-90-6 Diglycidyl resorcinol ether; 

(18) 94-58-6 Dihydrosafrole; 

(19) 55738-54-0 trans-2((Dimethylamino) methylimino)-5-(2-(5-nitro-2-furyl)vinyl)-1,3,4-oxadiazole; 

(20) 540-73-8 1,2-Dimethylhydrazine; 

(21) 62-50-0 Ethyl methanesulphonate; 

(22) 3570-75-0 2-(2-Formylhydrazino)-4-(5-nitro-2-furyl)thiazole; 

(23) 765-34-4 Glyciadaldehyde; 

(24) 16568-02-8 Gryomitrin; 

(25) 120-62-7 Isosafrole; 

(26) 303-34-4 Lasiocarpine; 

(27) 531-76-0 Merphalan; 

(28) 590-96-5 Methylazoxymethanol; 

(29) 592-62-1 Methylazoxymethanol acetate; 

(30) 3697-24-3 5-Methylchrysene; 

(31) 838-88-0 4,4'-Methylene bis(2-methylaniline); 

(32) 66-27-3 Methyl methanesulphonate; 

(33) 129-15-7 2-Methyl-1-nitroanthraquinone; 

(34) 70-25-7 N-Methyl-N'-nitro-N-nitrosoguanidine; 

(35) 64091-91-4 4-(Methylnitrosamino)-1-(3-pyridyl)-1-butanone; 

(36) 56-04-2 Methylthiouracil; 

(37) 50-07-7 Mitromycin C; 

(38) 315-22-0 Monocrotaline; 

(39) 139-91-3 5-(Morpholinomethyl)-3-((5-nitrofurfurylidene)amino)-2-oxazolidinone; 
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(40) 3771-19-5 Nafenopin; 

(41) 61-57-4 Niridazole; 

(42) 602-87-9 5-Nitroacenaphthene; 

(43) 555-84-9 1-(5-Nitrofurfurylidene)amino)-2-imidazolidinone; 

(44) 531-82-8 N-(4-(5-Nitro-2-furyl)-2-thiazolyl)acetamide; 

(45) 126-85-2 Nitrogen mustard N-oxide; 

(46) 302-70-5 Nitrogen mustard N-oxide hydrochloride; 

(47) 10595-95-6 N-Nitrosomethylethylamine; 

(48) 615-53-2 N-Nitroso-N-methylurethane; 

(49) 2646-17-5 Oil orange SS; 

(50) 794-93-4 Panfuran S (Dihydroxymethylfuratrizine); 

(51) 59-96-1 Phenoxybenzamine; 

(52) 63-92-3 Phenoxybenzamine hydrochloride; 

(53) 3761-53-3 Ponceau MX; 

(54) 3564-09-8 Ponceau 3R; 

(55) 128-44-9 Sodium saccharin; 

(56) 10048-13-2 Sterigmatocystin; 

(57) 96-09-3 Styrene oxide; 

(58) — Testosterone and its esters; 

(59) 139-65-1 4,4'-Thiodianiline; 

(60) 68808-54-8 Trp-P-1; 

(61) 62450-07-1 Trp-P-2; 

(62) 72-57-1 Trypan blue (commercial grade). 

.07 Toxic Air Pollutants for Existing Sources. 

A. Class I Toxic Air Pollutants Requiring Ambient Impact Analysis by Existing Sources. 

CAS Number Substance Compliance Date

(1) 60-35-5 Acetamide 11-9-92;

(2) 79-06-1 Acrylamide 11-9-92;

(3) 107-13-1 Acrylonitrile 7-1-90;

(4) — Arsenic and inorganic compounds 7-1-90;

(5) 1332-21-4 Asbestos 7-1-90;

(6) 71-43-2 Benzene 7-1-90;

(7) 92-87-5 Benzidine 7-1-90;

(8) 50-32-8 Benzo(a)pyrene 7-1-90;

(9) — Beryllium and compounds 7-1-90;

(10) 542-88-1 Bis(chloromethyl)ether 7-1-90;

(11) 106-99-0 1,3-Butadiene 11-9-92;

(12) 7440-43-9 Cadmium and compounds 7-1-90;

(13) 56-23-5 Carbon tetrachloride 7-1-90;

(14) 67-66-3 Chloroform 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

CAS Number Substance Compliance Date

(15) 107-30-2 Chloromethyl methyl ether 7-1-90;

(16) — Chromium VI compounds except sodium dichromate 7-1-90;

(17) — Coke oven emissions 7-1-90;

(18) 615-05-4 2,4-Diaminoanisole 11-9-92;

(19) 106-46-7 p-Dichlorobenzene 11-9-92;

(20) 107-06-2 1,2-Dichloroethane 7-1-90;

(21) 542-75-06 1,3-Dichloropropene (technical grade) 11-9-92;

(22) — Dioxins and furans 7-1-90;

(23) 106-89-8 Epichlorohydrin 7-1-90;

(24) 140-88-5 Ethyl acrylate 11-9-92;

(25) 106-93-4 Ethylene dibromide 7-1-90;

(26) 75-21-8 Ethylene oxide 7-1-90;

(27) 50-00-0 Formaldehyde 7-1-90;

(28) 75-09-2 Methylene chloride 11-9-92;

(29) 505-60-2 Mustard gas 7-1-90;

(30) 91-59-8 2-Naphthylamine 7-1-90;

(31) — Nickel and compounds 7-1-90;

(32) 759-73-9 N-Nitroso-n-ethylurea 7-1-90;

(33) 55-18-5 N-Nitrosodiethylamine 7-1-90;

(34) 59-89-2 N-Nitrosomorpholine 7-1-90;

(35) 1336-36-3 Polychlorinated biphenyls (PCBs) 7-1-90;

(36) 1314-20-1 Thorium dioxide 7-1-90;

(37) 584-84-9 Toluene 2,4-diisocyanate 7-1-90;

(38) 593-60-2 Vinyl bromide 11-9-92;

(39) 75-01-4 Vinyl chloride 7-1-90.

B. Class II Toxic Air Pollutants Requiring Emission Estimates or Ambient Impact Analysis by Existing Sources. 

CAS Number Substance Compliance Date

(1) 53-96-3 Acetamide, N-9H-fluoren-2-yl- 1-1-92;

(2) 67-64-1 Acetone 1-1-92;

(3) 75-86-5 Acetone cyanohydrin 7-1-90;

(4) 1752-30-3 Acetone thiosemicarbazide 7-1-90;

(5) 75-05-8 Acetonitrile 1-1-92;

(6) 107-02-8 Acrolein 7-1-90;

(7) 79-10-7 Acrylic acid 1-1-92;

(8) 814-68-6 Acrylyl chloride 7-1-90;

(9) 111-69-3 Adiponitrile 7-1-90;

(10) 116-06-3 Aldicarb 7-1-90;

(11) 309-00-2 Aldrin 7-1-90;

(12) 107-18-6 Allyl alcohol 7-1-90;

(13) 107-05-1 Allyl chloride 1-1-92;
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CAS Number Substance Compliance Date

(14) 107-11-9 Allylamine 7-1-90;

(15) 20859-73-8 Aluminum phosphide 7-1-90;

(16) 60-09-3 4-Aminoazobenzene 1-1-92;

(17) 54-62-6 Aminopterin 7-1-90;

(18) 78-53-5 Amiton 7-1-90;

(19) 3734-97-2 Amiton oxalate 7-1-90;

(20) 7664-41-7 Ammonia 7-1-90;

(21) 16919-58-7 Ammonium chloroplatinate 7-1-90;

(22) 7783-20-2 Ammonium sulfate (solution) 1-1-92;

(23) 300-62-9 Amphetamine 7-1-90;

(24) 62-53-3 Aniline 7-1-90;

(25) 88-05-1 Aniline, 2,4,6-trimethyl- 7-1-90;

(26) 104-94-9 p-Anisidine 1-1-92;

(27) 120-12-7 Anthracene 1-1-92;

(28) — Antimony and compounds 1-1-92;

(29) 7783-70-2 Antimony pentafluoride 7-1-90;

(30) 1397-94-0 Antimycin A 7-1-90;

(31) 86-88-4 Antu 7-1-90;

(32) — Arsenic (organic compounds only) 1-1-92;

(33) 7784-42-1 Arsine 7-1-90;

(34) 2642-71-9 Azinphos-ethyl 7-1-90;

(35) 86-50-0 Azinphos-methyl 7-1-90;

(36) — Barium and its soluble compounds 1-1-92;

(37) 98-87-3 Benzal chloride 7-1-90;

(38) 55-21-0 Benzamide 1-1-92;

(39) 98-16-8 Benzenamine, 3-(trifluoromethyl)- 7-1-90;

(40) 94-59-7 Benzene,1,2-methylenedioxy-4-allyl- 1-1-92;

(41) 541-73-1 Benzene, 1,3-dichloro- 1-1-92;

(42) 100-14-1 Benzene, 1-(chloromethyl)-4-nitro 7-1-90;

(43) 121-14-2 Benzene, 1-methyl-2,4-dinitro- 1-1-92;

(44) 606-20-2 Benzene, 1-methyl-2,6-dinitro- 1-1-92;

(45) 98-82-8 Benzene, 1-methylethyl- 1-1-92;

(46) 110-82-7 Benzene, hexahydro- 1-1-92;

(47) 108-38-3 Benzene, m-dimethyl- 1-1-92;

(48) 95-47-6 Benzene, o-dimethyl- 1-1-92;

(49) 106-42-3 Benzene, p-dimethyl- 1-1-92;

(50) 82-68-8 Benzene, pentachloronitro- 1-1-92;

(51) 98-05-5 Benzenearsonic acid 7-1-90;

(52) 85-44-9 1,2-Benzenedicarboxylic acid anhydride 1-1-92;

(53) 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester 1-1-92;
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

CAS Number Substance Compliance Date

(54) 3615-21-2 Benzimidazole, 4,5-dichloro-2-(trifluoromethyl)- 7-1-90;

(55) 81-07-2 1,2-Benzisothiazolin-3-one, 1,1-dioxide, and salts 1-1-92;

(56) 98-88-4 Benzoyl chloride 1-1-92;

(57) 94-36-0 Benzoyl peroxide 1-1-92;

(58) 100-44-7 Benzyl chloride 7-1-90;

(59) 140-29-4 Benzyl cyanide 7-1-90;

(60) 15271-41-7 Bicyclo[2.2.1]heptane-2-carbonitrile, 5-chloro-6- 

(((methylamino)carbonym) oxy)1m 7-1-90;

(61) 92-52-4 Biphenyl 1-1-92;

(62) 108-60-1 Bis(2-chloroisopropyl) ether 1-1-92;

(63) 103-23-1 Bis(2-ethylhexyl) adipate 1-1-92;

(64) 534-07-6 Bis(chloromethyl) ketone 7-1-90;

(65) 4044-65-9 Bitoscanate 7-1-90;

(66) 10294-34-5 Boron trichloride 7-1-90;

(67) 7637-07-2 Boron trifluoride 7-1-90;

(68) 353-42-4 Boron trifluoride compound with methyl ether (1:1) 7-1-90;

(69) 28772-56-7 Bromadiolone 7-1-90;

(70) 7726-95-6 Bromine 7-1-90;

(71) 75-25-2 Bromoform 1-1-92;

(72) 141-32-2 Butyl acrylate 1-1-92;

(73) 71-36-3 n-Butyl alcohol 1-1-92;

(74) 75-65-0 tert-Butyl alcohol 1-1-92;

(75) 78-92-2 sec-Butyl alcohol 1-1-92;

(76) 85-68-7 Butyl benzyl phthalate 1-1-92;

(77) 106-88-7 1,2-Butylene oxide 1-1-92;

(78) 123-72-8 Butyraldehyde 1-1-92;

(79) 2650-18-2 C.I. Acid Blue 9, diammonium salt 1-1-92;

(80) 3844-45-9 C.I. Acid Blue 9, disodium salt 1-1-92;

(81) 4680-78-8 C.I. Acid Green 1-1-92;

(82) 569-64-2 C.I. Basic Green 4 1-1-92;

(83) 989-38-8 C.I. Basic Red 1 1-1-92;

(84) 2832-40-8 C.I. Disperse Yellow 3 1-1-92;

(85) 81-88-9 C.I. Food Red 15 1-1-92;

(86) 3118-97-6 C.I. Solvent Orange 7 1-1-92;

(87) 842-07-9 C.I. Solvent Yellow 14 1-1-92;

(88) 128-66-5 C.I. Vat Yellow 4 1-1-92;

(89) 7778-44-1 Calcium arsenate 7-1-90;

(90) 156-62-7 Calcium cyanamide 1-1-92;

(91) 56-25-7 Cantharidin 7-1-90;

(92) 133-06-2 Captan 1-1-92;
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(93) 51-83-2 Carbachol chloride 7-1-90;

(94) 26419-73-8 Carbamic acid, methyl-,0-(((2,4-dimethyl-1,3-dithiolan-2-yl) 

methylene)amino) 7-1-90;

(95) 62-56-6 Carbamide, thio- 1-1-92;

(96) 63-25-2 Carbaryl 1-1-92;

(97) 1563-66-2 Carbofuran 7-1-90;

(98) 75-15-0 Carbon disulfide 7-1-90;

(99) 463-58-1 Carbonyl sulfide 1-1-92;

(100) 786-19-6 Carbophenothion 7-1-90;

(101) 120-80-9 Catechol 1-1-92;

(102) 133-90-4 Chloramben 1-1-92;

(103) 57-74-9 Chlordane 7-1-90;

(104) 470-90-6 Chlorfenvinfos 7-1-90;

(105) 76-13-1 Chlorinated fluorocarbon (Freon 113) 1-1-92;

(106) — Chlorinated phenols 1-1-92;

(107) 7782-50-5 Chlorine 7-1-90;

(108) 10049-04-4 Chlorine dioxide 1-1-92;

(109) 24934-91-6 Chlormephos 7-1-90;

(110) 999-81-5 Chlormequat chloride 7-1-90;

(111) 107-20-0 Chloroacetaldehyde 7-1-90;

(112) 79-11-8 Chloroacetic acid 7-1-90;

(113) 532-27-4 Chloroacetophenone 1-1-92;

(114) 108-90-7 Chlorobenzene 1-1-92;

(115) 75-00-3 Chloroethane 1-1-92;

(116) 107-07-3 Chloroethanol 7-1-90;

(117) 627-11-2 Chloroethyl chloroformate 7-1-90;

(118) 3691-35-8 Chlorophacinone 7-1-90;

(119) 126-99-8 Chloroprene 1-1-92;

(120) 1897-45-6 Chlorothalonil 1-1-92;

(121) 1982-47-4 Chloroxuron 7-1-90;

(122) 21923-23-9 Chlorthiophos 7-1-90;

(123) 10025-73-7 Chromic chloride 7-1-90;

(124) — Chromium III compounds and sodium dichromate 1-1-92;

(125) — Cobalt compounds 1-1-92;

(126) 10210-68-1 Cobalt carbonyl 7-1-90;

(127) 62207-76-5 Cobalt, ((2,2'-(1,2-ethanediylbis (nitrilomethylidyne)) 

bis(6-fluorophenolatol))(2) 7-1-90;

(128) 64-86-8 Colchicine 7-1-90;

(129) — Copper and compounds 1-1-92;

(130) 56-72-4 Coumaphos 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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CAS Number Substance Compliance Date

(131) 5836-29-3 Coumatetralyl 7-1-90;

(132) 106-44-5 p-Cresol 1-1-92;

(133) 108-39-4 m-Cresol 1-1-92;

(134) 1319-77-3 Cresol(s) 1-1-92;

(135) 95-48-7 Cresylic acid 7-1-90;

(136) 535-89-7 Crimidine 7-1-90;

(137) 4170-30-3 Crotonaldehyde 7-1-90;

(138) — Cyanide and compounds 1-1-92;

(139) 57-12-5 Cyanides (soluble cyanide salts) 1-1-92;

(140) 506-68-3 Cyanogen bromide 7-1-90;

(141) 506-78-5 Cyanogen iodide 7-1-90;

(142) 2636-26-2 Cyanophos 7-1-90;

(143) 675-14-9 Cyanuric fluoride 7-1-90;

(144) 66-81-9 Cycloheximide 7-1-90;

(145) 108-91-8 Cyclohexylamine 7-1-90;

(146) 94-75-7 2,4-D acid 1-1-92;

(147) 17702-41-9 Decaborane (14) 7-1-90;

(148) 1163-19-5 Decabromodiphenyl oxide 1-1-92;

(149) 8065-48-3 Demeton 7-1-90;

(150) 919-86-8 Demeton-S-methyl 7-1-90;

(151) 621-64-7 Di-n-propylnitrosamine 1-1-92;

(152) 10311-84-9 Dialifos 7-1-90;

(153) 2303-16-4 Diallate 1-1-92;

(154) 25376-45-8 Diaminotoluene 1-1-92;

(155) 334-88-3 Diazomethane 1-1-92;

(156) 19287-45-7 Diborane 7-1-90;

(157) 84-74-2 Dibutyl phthalate 7-1-90;

(158) 95-50-1 o-Dichlorobenzene 1-1-92;

(159) 25321-22-6 Dichlorobenzene (mixed) 1-1-92;

(160) 75-27-4 Dichlorobromomethane 1-1-92;

(161) 111-44-4 Dichloroethyl ether 7-1-90;

(162) 75-35-4 1,1-Dichloroethylene 1-1-92;

(163) 540-59-0 1,2-Dichloroethylene 1-1-92;

(164) 149-74-6 Dichloromethylphenylsilane 7-1-90;

(165) 120-83-2 2,4-Dichlorophenol 1-1-92;

(166) 78-87-5 1,2-Dichloropropane 1-1-92;

(167) 62-73-7 Dichlorvos 7-1-90;

(168) 141-66-2 Dicrotophos 7-1-90;

(169) 111-42-2 Diethanolamine 1-1-92;

(170) 814-49-3 Diethyl chlorophosphate 7-1-90;
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(171) 1642-54-2 Diethylcarbamazine citrate 7-1-90;

(172) 123-91-1 1,4-Diethylene dioxide 1-1-92;

(173) 71-63-6 Digitoxin 7-1-90;

(174) 2238-07-5 Diglycidyl ether 7-1-90;

(175) 20830-75-5 Digoxin 7-1-90;

(176) 115-26-4 Dimefox 7-1-90;

(177) 60-51-5 Dimethoate 7-1-90;

(178) 121-69-7 Dimethyl aniline 1-1-92;

(179) 2524-03-0 Dimethyl phosphorochloridothioate 7-1-90;

(180) 131-11-3 Dimethyl phthalate 7-1-90;

(181) 75-18-3 Dimethyl sulfide 7-1-90;

(182) 99-98-9 Dimethyl-p-phenylenediamine 7-1-90;

(183) 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide 1-1-92;

(184) 75-78-5 Dimethyldichlorosilane 7-1-90;

(185) 105-67-9 2,4-Dimethylphenol 1-1-92;

(186) 644-64-4 Dimetilan 7-1-90;

(187) 534-52-1 4,6-Dinitro-o-cresol 7-1-90;

(188) 51-28-5 2,4-Dinitrophenol 1-1-92;

(189) 88-85-7 Dinoseb 7-1-90;

(190) 1420-07-1 Dinoterb 7-1-90;

(191) 117-84-0 Dioctyl phthalate 7-1-90;

(192) 78-34-2 Dioxathion 7-1-90;

(193) 82-66-6 Diphacinone 7-1-90;

(194) 152-16-9 Diphosphoramide, octamethyl- 7-1-90;

(195) 298-04-4 Disulfoton 7-1-90;

(196) 514-73-8 Dithiazanine iodide 7-1-90;

(197) 541-53-7 Dithiobiuret 7-1-90;

(198) 2104-64-5 EPN 7-1-90;

(199) 316-42-7 Emetine, dihydrochloride 7-1-90;

(200) 115-29-7 Endosulfan 7-1-90;

(201) 2778-04-3 Endothion 7-1-90;

(202) 72-20-8 Endrin 7-1-90;

(203) 50-14-6 Ergocalciferol 7-1-90;

(204) 379-79-3 Ergotamine tartrate 7-1-90;

(205) 67-72-1 Ethane, 1,1,1,2,2,2-hexachloro- 1-1-92;

(206) 72-43-5 Ethane, 1,1,1-trichloro-2,2- bis(p-methoxyphenyl)- 1-1-92;

(207) 79-34-5 Ethane, 1,1,2,2-tetrachloro- 1-1-92;

(208) 79-00-5 Ethane, 1,1,2-trichloro- 1-1-92;

(209) 1622-32-8 Ethanesulfonyl chloride, 2-chloro- 7-1-90;

(210) 10140-87-1 Ethanol, 1,2-dichloro-, acetate 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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CAS Number Substance Compliance Date

(211) 4549-40-0 Ethenamine, N-methyl-N-nitroso- 1-1-92;

(212) 563-12-2 Ethion 7-1-90;

(213) 13194-48-4 Ethoprophos 7-1-90;

(214) 110-80-5 2-Ethoxyethanol 1-1-92;

(215) 510-15-6 Ethyl 4,4'-dichlorobenzilate 1-1-92;

(216) 100-41-4 Ethyl benzene 1-1-92;

(217) 541-41-3 Ethyl chloroformate 1-1-92;

(218) 542-90-5 Ethyl thiocyanate 7-1-90;

(219) 538-07-8 Ethylbis(2-chloroethyl)amine 7-1-90;

(220) 371-62-0 Ethylene fluorohydrin 7-1-90;

(221) 107-21-1 Ethylene glycol 1-1-92;

(222) 107-15-3 Ethylenediamine 7-1-90;

(223) 151-56-4 Ethyleneimine 7-1-90;

(224) 22224-92-6 Fenamiphos 7-1-90;

(225) 122-14-5 Fenitrothion 7-1-90;

(226) 115-90-2 Fensulfothion 7-1-90;

(227) 4301-50-2 Fluenetil 7-1-90;

(228) 2164-17-2 Fluometuron 1-1-92;

(229) 7782-41-4 Fluorine 7-1-90;

(230) 640-19-7 Fluoroacetamide 7-1-90;

(231) 144-49-0 Fluoroacetic acid 7-1-90;

(232) 359-06-8 Fluoroacetyl chloride 7-1-90;

(233) 51-21-8 Fluorouracil 7-1-90;

(234) 944-22-9 Fonofos 7-1-90;

(235) 107-16-4 Formaldehyde cyanohydrin 7-1-90;

(236) 23422-53-9 Formetanate 7-1-90;

(237) 2540-82-1 Formothion 7-1-90;

(238) 17702-57-7 Formparanate 7-1-90;

(239) 21548-32-3 Fosthietan 7-1-90;

(240) 3878-19-1 Fuberidazole 7-1-90;

(241) 107-44-8 GB (Sarin) 7-1-90;

(242) 13450-90-3 Gallium trichloride 7-1-90;

(243) — Glycol ethers 1-1-92;

(244) 76-44-8 Heptachlor 1-1-92;

(245) 87-68-3 Hexachlorobutadiene 1-1-92;

(246) 77-47-4 Hexachlorocyclopentadiene 7-1-90;

(247) 1335-87-1 Hexachloronaphthalene 7-1-90;

(248) 4835-11-4 Hexamethylenediamine, N,N'-dibutyl- 7-1-90;

(249) 74-90-8 Hydrocyanic acid 7-1-90;

(250) 7647-01-0 Hydrogen chloride 7-1-90;
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(251) 7664-39-3 Hydrogen fluoride 7-1-90;

(252) 7722-84-1 Hydrogen peroxide 7-1-90;

(253) 7783-07-5 Hydrogen selenide 7-1-90;

(254) 7783-06-4 Hydrogen sulfide 7-1-90;

(255) 123-31-9 Hydroquinone 7-1-90;

(256) 13463-40-6 Iron, pentacarbonyl- 7-1-90;

(257) 297-78-9 Isobenzan 7-1-90;

(258) 78-84-2 Isobutyraldehyde 1-1-92;

(259) 78-82-0 Isobutyronitrile 7-1-90;

(260) 102-36-3 Isocyanic acid, 3,4-dichlorophenyl ester 7-1-90;

(261) 465-73-6 Isodrin 7-1-90;

(262) 55-91-4 Isofluorphate 7-1-90;

(263) 4098-71-9 Isophorone diisocyanate 7-1-90;

(264) 67-63-0 Isopropyl alcohol 1-1-92;

(265) 108-23-6 Isopropyl chloroformate 7-1-90;

(266) 625-55-8 Isopropyl formate 7-1-90;

(267) 80-05-7 4,4'-Isopropylidenediphenol 1-1-92;

(268) 119-38-0 Isopropylmethylpyrazolyl dimethylcarbamate 7-1-90;

(269) 115-32-2 Kelthane 1-1-92;

(270) 78-97-7 Lactonitrile 7-1-90;

(271) 21609-90-5 Leptophos 7-1-90;

(272) 541-25-3 Lewisite 7-1-90;

(273) 7580-67-8 Lithium hydride 7-1-90;

(274) 108-31-6 Maleic anhydride 1-1-92;

(275) 109-77-3 Malononitrile 7-1-90;

(276) 12427-38-2 Maneb 1-1-92;

(277) 7439-96-5 Manganese and compounds 1-1-92;

(278) 12108-13-3 Manganese, tricarbonyl methylcyclopentadienyl 7-1-90;

(279) 108-78-1 Melamine 1-1-92;

(280) 950-10-7 Mephosfolan 7-1-90;

(281) 1600-27-7 Mercuric acetate 7-1-90;

(282) 7487-94-7 Mercuric chloride 7-1-90;

(283) 21908-53-2 Mercuric oxide 7-1-90;

(284) — Mercury and its soluble compounds 1-1-92;

(285) 10476-95-6 Methacrolein diacetate 7-1-90;

(286) 760-93-0 Methacrylic anhydride 7-1-90;

(287) 126-98-7 Methacrylonitrile 7-1-90;

(288) 920-46-7 Methacryloyl chloride 7-1-90;

(289) 30674-80-7 Methacryloyloxyethyl isocyanate 7-1-90;

(290) 10265-92-6 Methamidophos 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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CAS Number Substance Compliance Date

(291) 74-95-3 Methane, dibromo- 1-1-92;

(292) 74-88-4 Methane, iodo- 1-1-92;

(293) 558-25-8 Methanesulfonyl fluoride 7-1-90;

(294) 67-56-1 Methanol 1-1-92;

(295) 950-37-8 Methidathion 7-1-90;

(296) 2032-65-7 Methiocarb 7-1-90;

(297) 16752-77-5 Methomyl 7-1-90;

(298) 109-86-4 2-Methoxyethanol 1-1-92;

(299) 151-38-2 Methoxyethylmercuric acetate 7-1-90;

(300) 80-63-7 Methyl 2-chloroacrylate 7-1-90;

(301) 96-33-3 Methyl acrylate 1-1-92;

(302) 74-83-9 Methyl bromide 7-1-90;

(303) 74-87-3 Methyl chloride 1-1-92;

(304) 71-55-6 Methyl chloroform 1-1-92;

(305) 79-22-1 Methyl chloroformate 7-1-90;

(306) 624-92-0 Methyl disulfide 7-1-90;

(307) 78-93-3 Methyl ethyl ketone 1-1-92;

(308) 108-10-1 Methyl isobutyl ketone 1-1-92;

(309) 624-83-9 Methyl isocyanate 7-1-90;

(310) 556-61-6 Methyl isothiocyanate 7-1-90;

(311) 74-93-1 Methyl mercaptan 7-1-90;

(312) 80-62-6 Methyl methacrylate 1-1-92;

(313) 3735-23-7 Methyl phenkapton 7-1-90;

(314) 676-97-1 Methyl phosphonic dichloride 7-1-90;

(315) 1634-04-4 Methyl tert-butyl ether 1-1-92;

(316) 556-64-9 Methyl thiocyanate 7-1-90;

(317) 78-94-4 Methyl vinyl ketone 7-1-90;

(318) 101-68-8 Methylene bis(phenylisocyanate) (MBI) 1-1-92;

(319) 502-39-6 Methylmercuric dicyanamide 7-1-90;

(320) 75-79-6 Methyltrichlorosilane 7-1-90;

(321) 1129-41-5 Metolcarb 7-1-90;

(322) 7786-34-7 Mevinphos 7-1-90;

(323) 315-18-4 Mexacarbate 7-1-90;

(324) 50-07-7 Mitomycin C 7-1-90;

(325) 1313-27-5 Molybdenum trioxide 1-1-92;

(326) 6923-22-4 Monocrotophos 7-1-90;

(327) 60-34-4 Monomethyl hydrazine 7-1-90;

(328) 2763-96-4 Muscimol 7-1-90;

(329) 91-20-3 Naphthalene 1-1-92;

(330) 134-32-7 1-Naphthylamine 1-1-92;
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CAS Number Substance Compliance Date

(331) 54-11-5 Nicotine 7-1-90;

(332) 65-30-5 Nicotine sulfate 7-1-90;

(333) 7697-37-2 Nitric acid 7-1-90;

(334) 98-95-3 Nitrobenzene 7-1-90;

(335) 92-93-3 4-Nitrobiphenyl 1-1-92;

(336) 1122-60-7 Nitrocyclohexane 7-1-90;

(337) 55-63-0 Nitroglycerin 1-1-92;

(338) 88-75-5 o-Nitrophenol 1-1-92;

(339) 100-02-7 p-Nitrophenol 1-1-92;

(340) 86-30-6 N-Nitrosodiphenylamine 1-1-92;

(341) 991-42-4 Norbormide 7-1-90;

(342) 2234-13-1 Octachloronaphthalene 1-1-92;

(343) — Organorhodium complex 7-1-90;

(344) 20816-12-0 Osmium tetroxide 7-1-90;

(345) 630-60-4 Ouabain 7-1-90;

(346) 23135-22-0 Oxamyl 7-1-90;

(347) 78-71-7 Oxetane, 3,3-bis(chloromethyl)- 7-1-90;

(348) 2497-07-6 Oxydisulfoton 7-1-90;

(349) 1910-42-5 Paraquat 7-1-90;

(350) 2074-50-2 Paraquat methosulfate 7-1-90;

(351) 56-38-2 Parathion 7-1-90;

(352) 298-00-0 Parathion-methyl 7-1-90;

(353) 12002-03-8 Paris green 7-1-90;

(354) 19624-22-7 Pentaborane 7-1-90;

(355) 87-86-5 Pentachlorophenol 7-1-90;

(356) 2570-26-5 Pentadecylamine 7-1-90;

(357) 79-21-0 Peracetic acid 7-1-90;

(358) 127-18-4 Perchloroethylene 1-1-92;

(359) 594-42-3 Perchloromethylmercaptan 7-1-90;

(360) 108-95-2 Phenol 7-1-90;

(361) 97-18-7 Phenol, 2,2'-thiobis(4,6-dichloro- 7-1-90;

(362) 4418-66-0 Phenol, 2,2'-thiobis(4-chloro- 6-methyl-(9ci) 7-1-90;

(363) 95-95-4 Phenol, 2,4,5-trichloro- 1-1-92;

(364) 64-00-6 Phenol, 3-(1-methylethyl)-, methylcarbamate 7-1-90;

(365) 58-36-6 Phenoxarsine, 10,10'-oxydi- 7-1-90;

(366) 696-28-6 Phenyl dichloroarsine 7-1-90;

(367) 106-50-3 p-Phenylenediamine 1-1-92;

(368) 59-88-1 Phenylhydrazine hydrochloride 7-1-90;

(369) 62-38-4 Phenylmercury acetate 7-1-90;

(370) 90-43-7 2-Phenylphenol 1-1-92;
DEPARTMENT OF THE ENVIRONMENT 

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CAS Number Substance Compliance Date

(371) 2097-19-0 Phenylsilatrane 7-1-90;

(372) 103-85-5 Phenylthiourea 7-1-90;

(373) 298-02-2 Phorate 7-1-90;

(374) 4104-14-7 Phosacetim 7-1-90;

(375) 947-02-4 Phosfolan 7-1-90;

(376) 75-44-5 Phosgene 7-1-90;

(377) 732-11-6 Phosmet 7-1-90;

(378) 13171-21-6 Phosphamidon 7-1-90;

(379) 7803-51-2 Phosphine 7-1-90;

(380) 2703-13-1 Phosphonothioic acid, methyl-, O-ethyl O-(4-(methylthio)phenyl) ester 7-1-90;

(381) 50782-69-9 Phosphonothioic acid, methyl-,S- (2-(bis(1-methylethyl)amino) 

ethyl) O-ethyl ester 7-1-90;

(382) 2665-30-7 Phosphonothioic acid, methyl-, O-(4-nitrophenyl) O-phenyl ester 7-1-90;

(383) 7664-38-2 Phosphoric acid 1-1-92;

(384) 3254-63-5 Phosphoric acid, dimethyl 4-(methylthio) phenyl ester 7-1-90;

(385) 2587-90-8 Phosphorothioic acid, o,o-dimethyl- 7-1-90;

(386) 7723-14-0 Phosphorous (yellow) 7-1-90;

(387) 7719-12-2 Phosphorous trichloride 7-1-90;

(388) 10025-87-3 Phosphorus oxychloride 7-1-90;

(389) 10026-13-8 Phosphorus pentachloride 7-1-90;

(390) 1314-56-3 Phosphorus pentoxide 7-1-90;

(391) 57-47-6 Physostigmine 7-1-90;

(392) 57-64-7 Physostigmine, salicylate (1:1) 7-1-90;

(393) 88-89-1 Picric acid 1-1-92;

(394) 124-87-8 Picrotoxin 7-1-90;

(395) 110-89-4 Piperidine 7-1-90;

(396) 5281-13-0 Piprotal 7-1-90;

(397) 23505-41-1 Pirimifos-ethyl 7-1-90;

(398) 10025-65-7 Platinous chloride 7-1-90;

(399) 13454-96-1 Platinum tetrachloride 7-1-90;

(400) 10124-50-2 Potassium arsenite 7-1-90;

(401) 151-50-8 Potassium cyanide 7-1-90;

(402) 506-61-6 Potassium silver cyanide 7-1-90;

(403) 2631-37-0 Promecarb 7-1-90;

(404) 106-96-7 Propargyl bromide 7-1-90;

(405) 57-57-8 Propiolactone, beta- 7-1-90;

(406) 123-38-6 Propionaldehyde 1-1-92;

(407) 107-12-0 Propionitrile 7-1-90;

(408) 542-76-7 Propionitrile, 3-chloro- 7-1-90;

(409) 70-69-9 Propiophenone, 4'-amino- 7-1-90;
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CAS Number Substance Compliance Date

(410) 114-26-1 Propoxur 1-1-92;

(411) 109-61-5 Propyl chloroformate 7-1-90;

(412) 2275-18-5 Prothoate 7-1-90;

(413) 129-00-0 Pyrene 7-1-90;

(414) 110-86-1 Pyridine 1-1-92;

(415) 140-76-1 Pyridine, 2-methyl-5-vinyl- 7-1-90;

(416) 504-24-5 Pyridine, 4-amino- 7-1-90;

(417) 1124-33-0 Pyridine, 4-nitro-, 1-oxide 7-1-90;

(418) 53558-25-1 Pyriminil 7-1-90;

(419) 91-22-5 Quinoline 1-1-92;

(420) 106-51-4 Quinone 1-1-92;

(421) 10049-07-7 Rhodium trichloride 7-1-90;

(422) 14167-18-1 Salcomine 7-1-90;

(423) — Selenium and compounds 1-1-92;

(424) 7791-23-3 Selenium oxychloride 7-1-90;

(425) 7783-00-8 Selenous acid 7-1-90;

(426) 563-41-7 Semicarbazide hydrochloride 7-1-90;

(427) 3037-72-7 Silane, (4-aminobutyl)diethoxymethyl- 7-1-90;

(428) — Silver and compounds 1-1-92;

(429) 7631-89-2 Sodium arsenate 7-1-90;

(430) 7784-46-5 Sodium arsenite 7-1-90;

(431) 26628-22-8 Sodium azide (NaN3) 7-1-90;

(432) 124-65-2 Sodium cacodylate 7-1-90;

(433) 143-33-9 Sodium cyanide (Na(CN)) 7-1-90;

(434) 62-74-8 Sodium fluoroacetate 7-1-90;

(435) 1310-73-2 Sodium hydroxide 1-1-92;

(436) 131-52-2 Sodium pentachlorophenate 7-1-90;

(437) 13410-01-0 Sodium selenate 7-1-90;

(438) 10102-18-8 Sodium selenite 7-1-90;

(439) 7757-82-6 Sodium sulfate (solution) 1-1-92;

(440) 10102-20-2 Sodium tellurite 7-1-90;

(441) 900-95-8 Stannane, acetoxytriphenyl- 7-1-90;

(442) 57-24-9 Strychnine 7-1-90;

(443) 60-41-3 Strychnine, sulfate 7-1-90;

(444) 100-42-5 Styrene 1-1-92;

(445) 3689-24-5 Sulfotep 7-1-90;

(446) 3569-57-1 Sulfoxide, 3-chloropropyl octyl 7-1-90;

(447) 7783-60-0 Sulfur tetrafluoride 7-1-90;

(448) 7446-11-9 Sulfur trioxide 7-1-90;

(449) 7664-93-9 Sulfuric acid 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

CAS Number Substance Compliance Date

(450) 77-81-6 Tabun 7-1-90;

(451) 13494-80-9 Tellurium 7-1-90;

(452) 7783-80-4 Tellurium hexafluoride 7-1-90;

(453) 107-49-3 Tepp 7-1-90;

(454) 13071-79-9 Terbufos 7-1-90;

(455) 100-21-0 Terephthalic acid 1-1-92;

(456) 961-11-5 Tetrachlorvinphos 1-1-92;

(457) 78-00-2 Tetraethyl lead 7-1-90;

(458) 597-64-8 Tetraethyltin 7-1-90;

(459) 75-74-1 Tetramethyl lead 7-1-90;

(460) 509-14-8 Tetranitromethane 7-1-90;

(461) — Thallium and compounds 1-1-92;

(462) 10031-59-1 Thallium sulfate 7-1-90;

(463) 6533-73-9 Thallous carbonate 7-1-90;

(464) 7791-12-0 Thallous chloride 7-1-90;

(465) 2757-18-8 Thallous malonate 7-1-90;

(466) 7446-18-6 Thallous sulfate 7-1-90;

(467) 2231-57-4 Thiocarbazide 7-1-90;

(468) 39196-18-4 Thiofanox 7-1-90;

(469) 297-97-2 Thionazin 7-1-90;

(470) 108-98-5 Thiophenol 7-1-90;

(471) 79-19-6 Thiosemicarbazide 7-1-90;

(472) 5344-82-1 Thiourea, (2-chlorophenyl)- 7-1-90;

(473) 614-78-8 Thiourea, (2-methylphenyl)- 7-1-90;

(474) 108-88-3 Toluene 1-1-92;

(475) 91-08-7 Toluene 2,6-diisocyanate 7-1-90;

(476) 110-57-6 Trans-1,4-dichlorobutene 7-1-90;

(477) 1031-47-6 Triamiphos 7-1-90;

(478) 24017-47-8 Triazofos 7-1-90;

(479) 1558-25-4 Trichloro(chloromethyl)silane 7-1-90;

(480) 27137-85-5 Trichloro(dichlorophenyl)silane 7-1-90;

(481) 76-02-8 Trichloroacetyl chloride 7-1-90;

(482) 120-82-1 1,2,4-Trichlorobenzene 1-1-92;

(483) 79-01-6 Trichloroethylene 1-1-92;

(484) 115-21-9 Trichloroethylsilane 7-1-90;

(485) 327-98-0 Trichloronate 7-1-90;

(486) 98-13-5 Trichlorophenylsilane 7-1-90;

(487) 52-68-6 Trichlorophon 7-1-90;

(488) 998-30-1 Triethoxysilane 7-1-90;

(489) 1582-09-8 Trifluralin 1-1-92;
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Effective as of November 12, 2010 

CAS Number Substance Compliance Date

(490) 75-77-4 Trimethylchlorosilane 7-1-90;

(491) 824-11-3 Trimethylolpropane phosphite 7-1-90;

(492) 1066-45-1 Trimethyltin chloride 7-1-90;

(493) 639-58-7 Triphenyltin chloride 7-1-90;

(494) 555-77-1 Tris (2-chloroethyl)amine 7-1-90;

(495) 50782-69-9 VX (Ethyl S-dimethylaminoethyl- methyl phosphonothiolate) 7-1-90;

(496) 2001-95-8 Valinomycin 7-1-90;

(497) 1314-62-1 Vanadium pentoxide 7-1-90;

(498) 108-05-4 Vinyl acetate monomer 7-1-90;

(499) 81-81-2 Warfarin 7-1-90;

(500) 129-06-6 Warfarin sodium 7-1-90;

(501) 1330-20-7 Xylene 1-1-92;

(502) 87-62-7 2,6-Xylidine 1-1-92;

(503) 28347-13-9 Xylylene dichloride 7-1-90;

(504) — Zinc and compounds 1-1-92;

(505) 1314-84-7 Zinc phosphide 7-1-90;

(506) 58270-08-9 Zinc, dichloro(4,4-dimethyl5((((methylamino)carbonyl)oxy)imino)pentanenitrile) 7-1-90;

(507) 12122-67-7 Zineb 1-1-92;

.08 Examples of Nuisance Particulates and Simple Asphyxiants. 

A. The substances listed in §B of this regulation are examples of nuisance particulates and simple asphyxiants. 

B. List of Substances. 

CAS Number Substance 

(1) 74-86-2 Acetylene 

(2) 1344-28-1 Aluminum oxide 

(3) 6484-52-2 Ammonium nitrate 

(4) 7440-37-1 Argon 

(5) 7727-43-7 Barium sulfate 

(6) 1317-65-3 Calcium carbonate 

(7) 1344-95-2 Calcium silicate (synthetic) 

(8) 7778-18-9 Calcium sulfate 

(9) 61790-53-2 Diatomaceous earth (uncalcined) 

(10) 1302-74-5 Emery 

(11) 74-84-0 Ethane 

(12) 74-85-1 Ethylene 

(13) 7440-59-7 Helium 

(14) 1333-74-0 Hydrogen 

(15) 546-93-0 Magnesite 

(16) 74-82-8 Methane 

(17) — Mineral wool fiber 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

CAS Number Substance 

(18) 7440-01-9 Neon 

(19) 7727-37-9 Nitrogen 

(20) 93763-70-3 Perlite 

(21) 65997-15-1 Portland cement 

(22) 74-98-6 Propane 

(23) 115-07-1 Propylene 

(24) — Rouge 

(25) 7440-21-3 Silicon 

(26) 409-21-2 Silicon carbide 

(27) 1314-13-2 Zinc oxide dust 

.09 Levels Used to Review Ambient Impacts. 

A. Special Screening Levels (SSL) and Acceptable Ambient Levels (AAL). 

CAS Number Substance 

Concentration 

(micrograms/ 

cubic meter) 

Averaging 

 Time 

Type of 

Level 

(1) 7664-41-7 Ammonia 

(a) 

(b) 

300. 

450. 

8 hours 

1 hour 

AAL 

AAL 

(2) 124-38-9 Carbon Dioxide 

(a) 

(b) 

(c) 

(d) 

288,000. 

2,088,000. 

900,000. 

2,700,000. 

8 hours 

1 hour 

8 hours 

1 hour 

SSL 

SSL 

AAL 

AAL 

(3) 10049-04-4 Chlorine Dioxide 

(a) 

(b) 

5. 

15. 

8 hours 

1 hour 

AAL 

AAL 

(4) 611-19-8 1-Chloro-2-(chloromethyl)-benzene 

(OCBC) 9.1 8 hours SSL 

(5) 81777-89-1 Dimethazone 27.4 8 hours SSL 

(6) 598-56-1 Dimethylethylamine 1.6 8 hours SSL 

(7) 75-00-3 Ethyl Chloride 

(a) 

(b) 

2.6 

13. 

8 hours 

1 hour 

SSL 

SSL 

(8) 107-44-8 GB (Sarin) 

(a) 

(b) 

0.0003 

0.04 

8 hours 

15 minutes 

SSL 

SSL 

(9) 96-64-0 GD (Soman) 

(a) 

(b) 

0.003 

0.012 

8 hours 

15 minutes 

SSL 

SSL 

(10) 7647-01-0 Hydrogen Chloride 

(a) 

(b) 

7. 

117. 

Annual 

1 hour 

AAL 

AAL 

(11) 541-25-3 L (Lewisite) 0.0004 15 minutes SSL 
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Effective as of November 12, 2010 

CAS Number Substance 

Concentration 

(micrograms/ 

cubic meter) 

Averaging 

 Time 

Type of 

Level 

(12) 74-87-3 Methyl Chloride 

(a) 

(b) 

105. 

525. 

8 hours 

1 hour 

SSL 

SSL 

(13) 50782-69-9 VX (Ethyl S-Dimethyl amino ethyl 

Methyl-phosphonothiolate) 

(a) 

(b) 

0.0003 

0.004 

8 hours 

15 minutes 

SSL 

SSL 

(14) 7733-02-0 Zinc Sulfate 18.8 8 hours SSL 

Administrative History 

Effective date: 

Chapter revised and recodified from COMAR 26.11.15.07B—.14 to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533) 
26.11.17 Page 1 

Effective as of July 02, 2013 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 17 Nonattainment Provisions for Major New Sources and Major Modifications 

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. For the purpose of this chapter, the following terms have the meanings indicated. Other applicable definitions may be found 

in COMAR 26.11.01.01. 

B. Terms Defined. 

(1) Actual Emissions. 

(a) "Actual emissions" means: 

(i) The actual rate of emissions of a regulated NSR pollutant from an emissions unit as determined in accordance with 

this subsection; 

(ii) In general, as of a particular date, the average rate in tons per year at which the unit actually emitted the pollutant 

during a consecutive 24-month period, which precedes the particular date and which is representative of normal source operation, 

although the Department may allow the use of a different time period upon a determination that it is more representative of 

normal source operation; and 

(iii) As of a particular date, for any emissions unit which has not begun normal operations on the particular date, the 

unit's potential to emit on that date. 

(b) Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of 

materials processed, stored, or combusted during the selected time period. 

(c) The Department may assume that source-specific allowable emissions for the emissions unit are equivalent to the 

actual emissions of the unit. 

(2) "Allowable emissions" means the emissions rate calculated using the maximum rated capacity of the source, unless the 

source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both, and the most 

stringent of the following: 

(a) Applicable standards as set forth in 40 CFR 60 and 61; 

(b) Any applicable Maryland State Implementation Plan (SIP) emissions limitation, including those with a future 

compliance date; or 

(c) The emissions rate specified as a federally enforceable permit condition including those with a future compliance 

date. 

(3) Baseline Actual Emissions. 

(a) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant. 

(b) For an existing electric utility steam generating unit, "baseline actual emissions" is determined by the average rate, in 

tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or

operator within the 5-year period immediately preceding the date on which a complete application was submitted. The 

Department may approve a different period upon a demonstration that it is more representative of normal source operations. 

(c) For an existing emissions unit, other than an electric utility steam generating unit, "baseline actual emissions" is 

determined by the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 

24-month period selected by the owner or operator within the 5-year period immediately preceding the date on which a complete 

application was submitted. The Department may allow a different 24-month consecutive time period, within the last 10 years, 

upon a demonstration that it is more representative of normal source operations. 

(d) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will 

result from the initial construction and operation of the unit shall equal zero, and, thereafter, for all other purposes, shall equal the 

unit's potential to emit. 
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(e) For a PAL for a major stationary source, the baseline actual emissions shall be calculated, for existing electric utility 

steam generating units, in accordance with the procedures contained in §B(3)(b) of this regulation, for other existing emissions 

units in accordance with the procedures contained in §B(3)(c) of this regulation, and for a new emissions unit, in accordance with 

the procedures contained in §B(3)(d) of this regulation. 

(f) In General. 

(i) The average rate of emissions shall include fugitive emissions to the extent quantifiable, and emissions associated 

with start-ups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the 

source was operating above any emissions limitation that was legally enforceable during the consecutive 24-month period. 

However, if an emission limitation is part of a proposed or promulgated maximum achievable control technology standard under 

40 CFR Part 63, the baseline actual emissions need only be adjusted if credit for the emissions reductions was taken in an 

attainment demonstration or maintenance plan. 

(iii) When a project involves multiple emissions units or different regulated NSR pollutants, only one consecutive 24-

month period shall be used to determine the baseline actual emissions for the emissions units being changed. 

(iv) The average rate may not be based on any consecutive 24-month period for which there is inadequate information 

for determining annual emissions and adjusting the amount if required. 

(4) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit 

which are of a permanent nature. These activities include installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operation, this definition refers 

to those on-site activities other than preparatory activities which mark the initiation of the change. 

(5) Best Available Control Technology. 

(a) "Best available control technology" means an emissions limitation, including a visible emissions standard, based on 

the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary 

source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for that source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination 

techniques for control of the pollutant. 

(b) Application of best available control technology may not result in emissions of any pollutant which would exceed the 

emissions allowed by an applicable standard under 40 CFR 60 and 61. 

(c) If the Department determines that technological or economic limitations on the application of measurement 

methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, 

work practice, operational standard, or combination of these, may be prescribed instead to satisfy the requirement for the 

application of best available control technology. This standard shall, to the degree possible, set forth the emissions reduction 

achievable by implementation of the design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

(6) Building, Structure, Facility, or Installation. 

(a) "Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same 

industrial group that are located on one or more contiguous or adjacent properties, and are under the control of the same person, 

or persons under common control. 

(b) Pollutant-emitting activities are considered as part of the same industrial group if they belong to the same "Major 

Group" (that is, have the same two-digit code as described in the Standard Industrial Classification Manual (SIC) prepared by the 

federal Office of Management and Budget (OMB) and amended in 1987). 

(7) "Commence", as applied to construction of a major stationary source or major modification, means that the owner or 

operator has all necessary preconstruction approvals or permits and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source to be completed within a 

reasonable time; or 
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(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial 

loss to the owner or operator, to undertake a program of actual on-site construction of the source to be completed within a 

reasonable time. 

(8) "Construction" means any physical change or change in the method of operation, including fabrication, erection, 

installation, demolition, or modification of an emissions unit, which would result in a change in emissions. 

(9) "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of 

supplying more than 1/3 of its potential electric output capacity and more than 25 megawatts electric output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam 

electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output

capacity of the affected facility. 

(10) Emissions Reduction Credit (ERC). 

(a) "Emissions reduction credit (ERC)" means a permanent, enforceable, quantifiable reduction in actual emissions, 

occurring on or after January 1, 2003, which is surplus to all applicable State and federally enforceable requirements to be used to 

offset emission increases. 

(b) "Emissions reduction credit (ERC)" does not constitute a security or other form of property. 

(11) "Emissions unit" means any part of a stationary source which emits, or would have the potential to emit, a regulated 

NSR pollutant. 

(12) "Existing emissions unit" means an emissions unit that does not meet the requirement in §B(20) of this regulation. 

(13) "Federally enforceable" means all limitations and conditions which are enforceable by the U.S. Environmental 

Protection Agency (EPA), including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the SIP, 

any permit requirements established pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I, including operating permits issued under a program that is approved by EPA or that is incorporated into the Maryland

SIP and expressly requires adherence to any permit issued under the program. 

(14) "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

(15) Lowest Achievable Emission Rate. 

(a) "Lowest achievable emission rate" means, for any emissions unit, the more stringent rate of emissions based on the 

following: 

(i) The most stringent emissions limitation which is contained in the implementation plan of any state for the class or 

category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that these limitations 

are not achievable; or 

(ii) The most stringent emissions limitation which is achieved in practice by the class or category of stationary sources, 

with this limitation, when applied to a modification, meaning the lowest achievable emissions rate for the new or modified 

emissions units within the stationary source. 

(b) The application of this definition does not permit a proposed new or modified emissions unit to emit any pollutant in 

excess of the amount allowable under 40 CFR 60. 

(16) Major Modification. 

(a) "Major modification" means any physical change in, or change in the method of operation of, a major stationary 

source that would result in a significant emissions increase and a significant net emissions increase of any regulated NSR 

pollutant. 

(b) Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that 

is considered significant for volatile organic compounds or NOx is considered significant for ozone. 

(c) A physical change in or a change in the method of operation does not include: 

(i) Routine maintenance, repair, and replacement; 
DEPARTMENT OF THE ENVIRONMENT 

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(ii) Use of an alternative fuel or raw material by reason of an order under §2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant

to the federal Power Act; 

(iii) Use of an alternative fuel by reason of an order or rule under §125 of the federal Clean Air Act; 

(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid 

waste; 

(v) Use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating 

before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was 

established after December 21, 1976, pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I, or 40 CFR §51.166, or the source is approved to use under any federally enforceable permit issued under this subtitle; 

(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any 

federally enforceable permit condition; or 

(vii) Any change in ownership. 

(d) This definition does not apply with respect to a particular regulated NSR pollutant when the major stationary source 

is complying with the requirements for a PAL. 

(17) Major Stationary Source. 

(a) "Major stationary source" means any stationary source of air pollution which emits or has the potential to emit 100 

tons or more of any regulated NSR pollutant, except that lower emissions thresholds apply as follows: 

(i) 25 tons or more per year of VOC or NOx for sources located in Baltimore City or Anne Arundel, Baltimore, 

Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; 

(ii) 50 tons or more per year of VOC for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 

Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; 

(iii) 50 tons or more per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where 

stationary sources contribute significantly to carbon monoxide levels in the area; and 

(iv) 70 tons or more per year of PM10 in any serious nonattainment area for PM10. 

(b) "Major stationary source" also means any physical change that would occur at a stationary source not qualifying 

under §B(17)(a) of this regulation as a major stationary source, if the change would constitute a major stationary source by itself. 

(c) A major stationary source that is major for volatile organic compounds or NOx is considered major for ozone. 

(d) In determining if a source is a major stationary source, fugitive emissions shall be included if the source belongs to 

one of the categories of stationary sources listed in 40 CFR §51.165(a)(1)(iv)(C). 

(18) "Necessary preconstruction approvals or permits" means those permits or approvals required under this subtitle. 

(19) Net Emissions Increase. 

(a) "Net emissions increase" means, with respect to a regulated NSR pollutant emitted by a major stationary source, the 

amount by which the sum of the following exceeds zero: 

(i) Any increase in emissions from a particular physical change or change in the method of operation at a stationary 

source; and 

(ii) Any other increases and decreases in actual emissions of the particular pollutant that are contemporaneous with the 

particular change and are otherwise creditable. 

(b) Baseline actual emissions for calculating increases and decreases under this definition shall be determined as 

provided in §B(3) of this regulation, except that §B(3)(c) does not apply. 

(c) An increase or decrease in actual emissions of a particular pollutant is contemporaneous with the increase from the 

particular change if it occurs within the 5-year period preceding the date on which a complete permit application for the change is 

submitted and before the date that the increase from the particular change occurs. 
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(d) An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit 

for the source and the permit is in effect when the increase in actual emissions from the particular change occurs. 

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old 

level. 

(f) A decrease in actual emissions is creditable only to the extent that: 

(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions; 

(ii) The decrease is enforceable in a practicable manner at and after the time that the actual construction on the 

particular change begins; 

(iii) The Department has not previously relied on the decrease in issuing any permit under this chapter or in 

demonstrating attainment or reasonable further progress in the SIP and it is not required by any other State requirement; and 

(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the 

increase from the particular change. 

(g) An increase that results from a physical change occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational

only after a reasonable shakedown period, not to exceed 180 days. 

(20) "New emissions unit" means an emissions unit which is or will be newly constructed and which has existed for less 

than 2 years from the date the emissions unit first operated. 

(21) Potential to Emit. 

(a) "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and 

operational design. 

(b) Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be

treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. 

(22) "Project" means a physical change in, or change in the method of operation of, an existing major stationary source. 

(23) Projected Actual Emissions. 

(a) "Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the 5 years following the date the unit resumes regular operation after 

the project, or in any one of the 10 years following that date, if: 

(i) The project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR 

pollutant; and 

(ii) Full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at 

the major stationary source. 

(b) In determining the projected actual emissions before beginning actual construction, the owner or operator of the 

major stationary source shall: 

(i) Consider all relevant information including historical operational data, the company's own representations, the 

company's expected business activity, the company's highest projections of business activity, the company's filings with the State 

or EPA, and compliance plans under the approved plan; 

(ii) Include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and 

malfunctions; and 

(iii) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the 

emissions unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month 

period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

(c) In lieu of using the method set out in §B(23)(b) of this definition, a person may elect to use the emissions unit's 

potential to emit, in tons per year. 

(24) "Regulated NSR pollutant" means any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant that is a constituent or precursor of the pollutant for which there is an ambient air quality standard, 

provided that the constituent or precursor may only be regulated under this chapter as part of regulation of the pollutant. After 

January 1, 2011, PM2.5 and PM10 emissions shall include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperature. These emissions shall be accounted for in applicability determinations and in 

establishing emission limitation in permits. Compliance with PM2.5 and PM10 emission limitations shall be as described in CFR 

51.165(a)(1)(xxxvii)(D). Precursors identified for the purpose of NSR in Maryland are: 

(a) Nitrogen oxides and volatile organic compounds are precursors of ozone in all ozone nonattainment areas. 

(b) Nitrogen oxides and sulfur dioxide are precursors of PM2.5 in all PM2.5 nonattainment areas. 

(25) "Replacement unit" means an emissions unit that meets all of the following criteria: 

(a) No creditable emission reductions are generated by shutting down the existing emissions unit that is replaced; 

(b) The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1) or the emissions unit 

completely takes the place of an existing emissions unit; 

(c) The emissions unit is identical to or functionally equivalent to the replaced emissions unit; 

(d) The replaced unit does not alter the basic design parameters of the existing emissions unit; and 

(e) The replaced emissions unit is permanently removed from the major stationary source or otherwise permanently 

disabled or barred from operation by a permit that is enforceable as a practicable matter. 

(26) "Significant" means, in reference to a net emissions increase, a significant emissions increase or the potential of a 

source to emit a regulated NSR pollutant, or a rate of emissions that would equal or exceed any of the following rates: 

(a) Volatile organic compounds or nitrogen oxides: 25 tons per year (tpy) in Baltimore City or Anne Arundel, Baltimore, 

Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties; 

(b) Volatile organic compounds or nitrogen oxides: 40 tpy in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 

Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties. 

(c) PM2.5 emissions: 10 tpy; 

(d) Sulfur dioxide: 40 tpy; 

(e) Lead: 0.6 tpy; 

(f) PM10: 15 tpy; and 

(g) Carbon monoxide: 100 tpy. 

(27) "Stationary source" means any building, structure, facility, or installation which emits or may emit any regulated NSR 

pollutant subject to this chapter. 

.02 Applicability. 

A. This chapter applies Statewide, unless specified otherwise throughout this Chapter, to: 

(1) New major stationary sources and major modifications that are major for VOC or NOx; 

(2) New major stationary sources and major modifications that are major for PM2.5 or its precursors and are located in 

Baltimore City or Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, and 

Washington counties; 

(3) Any new major stationary source or major modification at a major stationary source that is major for a pollutant for 

which the area is designated nonattainment under §107(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. §7407); and 

(4) Major stationary sources and major modifications that are major for VOC or NOx located in the Ozone Transport 

Region. 
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B. A person may apply for and obtain a permit to construct a new major stationary source or a major modification at an 

existing major stationary source after meeting the conditions of §A(1)—(4) of this regulation if all of the provisions in this 

chapter are met. 

C. Major stationary sources and major modifications, whether located in attainment or nonattainment areas, may also be 

subject to the Prevention of Significant Deterioration requirements in COMAR 26.11.06.14. 

D. A person may not circumvent the intent of this chapter through incremental construction or modification or through staged 

construction or modification. 

E. This chapter applies to any source for which: 

(1) The Department did not receive, by November 15, 1992, an application which the Department determines is complete 

for all necessary permits to construct and approvals required by this subtitle; and 

(2) A completed application, for all necessary permits to construct and approvals required by this subtitle, was received 

before November 15, 1992, but for which the applicant did not, as determined by the Department, diligently pursue those permits

and approvals after November 15, 1992. 

F. Major Modification. 

(1) A project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a 

significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If 

the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant 

net emissions increase. 

(2) Applicability Tests. 

(a) Actual-to-Projected-Actual Applicability Test for Projects That Involve Only Existing Emissions Units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual

emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant. 

(b) Actual-to-Potential Test for Projects That Involve Only Construction of a New Emissions Unit or Units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit 

from each new emissions unit following completion of the project and the baseline actual emissions of these units before the 

project, equals or exceeds the significant amount for that pollutant. 

(c) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a 

regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method 

specified in §F(2)(a) and (b) of this regulation, as applicable, with respect to each emissions unit, for each type of emissions unit, 

equals or exceeds the significant amount for that pollutant. 

G. At the time when a particular stationary source or modification becomes a major stationary source or major modification 

solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this 

chapter apply to the source or modification as though construction had not yet commenced on the source or modification. 

H. Any major stationary source with a PAL for a regulated NSR pollutant shall comply with the requirements of Regulations 

.07—.09 of this chapter. 

I. Preconstruction Permit Program In Attainment Areas. 

(1) The preconstruction permit program requirements also apply to any proposed major stationary source and to any major 

modification to the source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard 

(NAAQS) pursuant to §107 of the Clean Air Act (42 U.S.C. 7407) when it would cause or contribute to a violation of a NAAQS. 

(2) A major source or major modification is considered to cause or contribute to a violation of a NAAQS when the source 

or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard: 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

 Averaging Time (hours) 

Pollutant Annual 24 8 3 1 

SO2 1.0 μg/m3

 5.0 μg/m3 25 μg/m3 

PM10 1.0 μg/m3

 5.0 μg/m3 

NO2 1.0 μg/m3

 

CO 0.5mg/m3

 2.0 mg/m3 

(3) A proposed major source or major modification subject to §I(2) of this regulation may reduce the impact of its emissions 

upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where 

the major source or major modification would otherwise cause or contribute to a violation of any NAAQS. 

.03 General Conditions. 

A. A person who proposes to construct or modify an emissions unit subject to this chapter may not commence construction of 

the emissions unit without first obtaining all permits and approvals required under this subtitle. 

B. The Department shall deny a permit or approval to a person who proposes to construct a new major stationary source or 

major modification to a major stationary source unless the following conditions are met: 

(1) The applicant certifies that all existing major stationary sources owned or operated by the applicant, or any entity 

controlling, controlled by, or under common control with the applicant, in the State are in compliance with all applicable emission 

limitations or are in compliance with an approved federally enforceable plan for compliance; 

(2) The proposed new major stationary source or major modification will meet an emission limitation which specifies the 

lowest achievable emissions rate; 

(3) More than equivalent emission offsets from existing sources in the area impacted by the proposed new major stationary 

source or major modification (whether or not under the same ownership) are required so that there will be reasonable further 

progress toward attainment of the applicable standard; for sources locating in the Ozone Transport Region, the offset ratios for 

VOC and NOx shall equal or exceed the following: 

(a) 1.3 to 1 for sources of VOC or NOx in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, 

Frederick, Harford, Howard, Montgomery, or Prince George's counties; and 

(b) 1.15 to 1 for sources of VOC or NOx in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. 

Mary's, Talbot, Washington, Wicomico, or Worcester counties; 

(4) The emission offsets will provide a positive net air quality benefit in the affected area, although for sources of VOC or 

NOx, atmospheric simulation modeling is not necessary for VOC and NOx and fulfillment of §B(3) of this regulation is considered 

adequate to meet this condition; 

(5) The emission offsets for the major source or major modification shall be federally enforceable before construction is 

commenced; 

(6) An analysis of alternative sites, sizes, production processes, and environmental control techniques for a proposed source 

demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of 

its location, construction, or modification; and 

(7) The total tonnage of increased emissions, in tons per year, resulting from a major modification that is to be offset is the

sum of the difference between the allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. 

C. For phased construction projects, the determination of the lowest achievable emission rate shall be reviewed and modified, 

as appropriate, at the latest reasonable time which occurs not later than 18 months before commencement of construction of each

independent phase of the project. At that time, the owner or operator of the applicable stationary source may be required to 

demonstrate the adequacy of any previous determination of the lowest achievable emission rate for the source. 
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D. Approval to construct does not relieve an owner or operator of the responsibility to comply fully with any other 

requirement under local, State, or federal law. 

E. If an existing emissions unit at a major stationary source is modified and causes an increase in emissions that may be 

significant and the modification is not part of a major modification at the source: 

(1) A permit is required in accordance with COMAR 26.11.02 and the Department will establish permit conditions that 

prevent the emissions from becoming significant; and 

(2) The source is also subject to the annual reporting requirements in COMAR 26.11.01.05-1 that require a report of 

emissions for each emissions unit for each year. 

F. If the emissions from the modified emissions unit become significant, the provisions in this chapter apply retroactive to the 

date the modification occurred. 

.04 Creating Emission Reduction Credits (ERCs). 

A. An emissions unit that emits NOx or VOC is eligible to create an ERC if: 

(1) The unit was in operation any time during calendar year 2002 or later, and emissions from the unit were included in the 

current inventory for the State Implementation Plan for the pollutant; 

(2) The Department did not rely on the emission reduction in issuing a permit under an approved regulation; and 

(3) The Department has not relied on the emission reduction in demonstrating attainment or reasonable further progress. 

B. An ERC may be created by: 

(1) Controlling emissions below the emission levels required by applicable State and federal requirements and the State 

Implementation Plan through a federally enforceable permit limit; 

(2) Curtailing operations and reducing emissions through a federally enforceable permit condition; or 

(3) Permanently discontinuing the operation of one or more emissions units at a source. 

C. Quantification and use of ERCs. 

(1) ERCs shall be based on a reduction of the source's actual emissions as that term is defined in Regulation .01 of this 

chapter. 

(2) The Department shall credit an emissions unit with emission reductions achieved by shutting down an existing 

emissions unit or permanently curtailing production or operating hours if the reductions are permanent, quantifiable, and federally 

enforceable. In addition, the shutdown or curtailment is creditable only if it occurred on or after January 1, 2003, and if the

reduction is not necessary to meet any other State or federal requirement. 

(3) Creditable emission reductions that qualify as ERCs may be used to satisfy the requirement to provide offsets under this 

chapter and shall total at least 5 tons per year of VOC or NOx. 

(4) If a new regulation is adopted that applies to an emissions unit that created ERCs, the ERCs shall be reduced by an 

amount equal to the reduction that would have been required before the ERCs were created. 

(5) Emission reduction credits shall be enforceable by the Department and the EPA and shall be obtained by the date the 

new emissions unit commences construction. 

(6) The reduction of emissions from an emissions unit that provides emission reduction credits shall occur before the date 

when the new or modified emissions unit becomes operational. 

D. Location of ERCs. 

(1) Generally, ERCs are acceptable if obtained from within the same area as the new or modified emissions unit. The 

Department may allow the owner or operator to obtain VOC or NOx emission reductions from other areas if: 

(a) The other area has an equal or higher nonattainment classification than the area in which the emissions unit is located; 

and 

(b) Emissions of the particular pollutant from the other area have been demonstrated to contribute to a violation of the 

National Ambient Air Quality Standard in the area in which the new emissions unit is located. 
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(2) The Department shall give preference to ERCs from emissions units located as close to the proposed emissions unit site 

as possible. 

E. Exclusions and Limitations. 

(1) ERCs shall expire as follows: 

(a) For emissions units discontinuing operation before January 1, 2002, the ERCs expire January 1, 2012; and 

(b) For emissions units discontinuing operation on or after January 1, 2002, the ERCs expire January 1, 2012, or 10 years 

after the discontinued operation, whichever is later. 

(2) The expiration dates in §E(1) of this regulation do not apply if the ERCs are committed to a new or modified emissions 

unit through a permit to construct that has an enforceable contract to transfer the ERCs to the owner or operator of a new or 

modified emissions unit. 

(3) An ERC may not be used to meet BACT, LAER, NSPS, RACT, allowance based programs, or any other emission 

limitation under the Clean Air Act. 

.05 Information on Emission Reductions and Certification. 

A. A person who creates an emission reduction for use as an ERC shall submit the following information to the Department: 

(1) A description of the equipment or process that resulted in a reduction in actual emissions, including any air pollution 

control devices serving that equipment or process; 

(2) The actual emissions occurring when the equipment or process operated in compliance with all applicable requirements 

during the selected 24-month period; 

(3) Identification of all regulations or other requirements that apply to the equipment or process and a demonstration of 

compliance with those requirements; 

(4) Identification of the method used to reduce actual emissions and calculations showing the emission reductions achieved; 

and 

(5) The date or dates on which the reduction in emissions occurred. 

B. ERCs may not be used until they are certified. 

C. ERCs shall be certified as follows: 

(1) Information on emission reductions submitted by the person who owns or operates the emissions units creating the 

ERCs shall be verified by the Department based on review of information in the Department's files including the source's 

emission certification reports, stack tests, inspection reports, and other information relating to emissions and compliance with 

applicable requirements; 

(2) A site inspection may be made to verify the shutdown or other method used to create the ERCs. 

.06 Transferring Emission Reduction Credits. 

A. An ERC may be transferred to the control of another person after it is certified and becomes federally enforceable. 

B. A person may not use an ERC in a manner that causes a violation of any applicable federal or State emission standard or 

requirement. 

C. ERCs may not be transferred to a third party or used for any other purpose except as offsets through a federally enforceable

permit to construct. 

D. A source located in Maryland may use an ERC created by a source located in another State if: 

(1) The emission reduction is certified by the state in which it is created; 

(2) The conditions of the transfer are enforceable by the other state and the EPA; and 

(3) All of the requirements in this chapter are met. 
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.07 Plantwide Applicability Limit (PAL) — General. 

A. Applicability. 

(1) The Department may approve the use of a PAL for any existing major stationary source if the requirements in this 

regulation are met. 

(2) Any physical change or change in the method of operation of a major stationary source that maintains its total sourcewide emissions below the PAL level meets the requirements of this chapter and complies with the PAL permit if: 

(a) It is not a major modification for the PAL pollutant; 

(b) It does not have to be approved through Regulations .01—.03 of this chapter; and 

(c) It is not subject to Regulation .02G of this chapter. 

(3) Except as provided under §A(2) of this regulation, a major stationary source shall continue to comply with all applicable 

federal and State requirements, emission limitations, and work practice requirements that were established before the effective

date of the PAL. 

B. Definitions. In Regulations .07—.09 of this chapter, the following terms have the meanings indicated: 

(1) "Actual PAL" means, for a major stationary source, a PAL based on the baseline actual emissions of all emissions units 

at the source that emit or have the potential to emit the PAL pollutant. 

(2) "Allowable emissions" has the meaning stated in Regulation .01B(2) of this chapter, except that this definition is 

modified as follows: 

(a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are 

enforceable as a practicable matter on an emissions unit's potential to emit; 

(b) An emissions unit's potential to emit shall be determined using the definition in Regulation .01B(21) of this chapter, 

except that the words "or enforceable as a practicable matter" shall be added after "federally enforceable". 

(3) "Continuous emissions monitoring system (CEMs)" means all of the equipment that may be required to meet the data 

acquisition and availability requirements of this regulation, to sample, condition (if applicable), analyze, and provide a record of 

emissions on a continuous basis. 

(4) "Continuous emissions rate monitoring system (CERMs)" means the total equipment required for determining and 

recording the pollutant mass emissions rate (in terms of mass per unit of time). 

(5) "Continuous parameter monitoring system (CPMs)" means all of the equipment necessary to meet the data acquisition 

and availability requirements of this regulation to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide 

concentrations), and to record average operational parameter values on a continuous basis. 

(6) "Major emissions unit" means an emissions unit that emits or has the potential to emit: 

(a) 100 tons per year or more of the PAL pollutant in an attainment area; or 

(b) The PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant. 

(7) "PAL effective date" means the date of issuance of a PAL permit or a revised PAL permit, except that the PAL effective 

date for an increased PAL is the date an emissions unit which is part of the PAL major modification becomes operational and 

begins to emit the PAL pollutant. 

(8) "PAL effective period" means the period beginning with the PAL effective date and ending 5 years later. 

(9) "PAL major modification" means any physical change in or changes in the method of operation of the PAL source that 

causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(10) "PAL permit" means the permit issued by the Department that establishes a PAL for a major stationary source. 

(11) "PAL pollutant" means the pollutant for which the PAL is established. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

(12) "Plantwide applicability limit (PAL)" means an emissions limitation, expressed in tons per year, for a pollutant at a 

major stationary source, that is enforceable as a practicable matter and established source-wide according to Regulation .08B of 

this chapter. 

(13) "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to monitor process and 

control device operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions rate (for 

example, pounds per hour) on a continuous basis. 

(14) "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an 

amount that is equal to or greater than the significant level for the PAL pollutant, but less than the amount that would qualify the 

unit as a major emissions unit. 

(15) "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

less than the significant level for that PAL pollutant, as defined in Regulation .01B(26) of this chapter or in the Clean Air Act, 

whichever is lower. 

.08 Plantwide Applicability Limit (PAL) — Permits. 

A. Permit Application. 

(1) The owner or operator of a major stationary source may apply for a PAL permit by submitting an application to the 

Department that includes: 

(a) A list of all emissions units at the source designated as small, major, or significant based on their potential to emit; 

(b) Applicable State and federal requirements for each emissions unit; 

(c) The baseline actual emissions for each emissions unit with supporting calculations and documentation including 

emissions associated with startup, shutdown, and malfunctions; and 

(d) The method to be used to monitor each emissions unit. 

(2) The source shall include in the application calculations and procedures that are to be used to convert emissions data to 

monthly emissions to enable calculation of 12-month rolling averages. 

B. PAL Level. 

(1) The PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL 

pollutant for each emissions unit at the source plus an amount equal to the applicable significant level for the PAL pollutant under 

Regulation .01B of this chapter or under the Clean Air Act, whichever is lower. 

(2) When establishing the actual PAL levels for a PAL pollutant, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. 

(3) Emissions associated with units that were permanently shut down after the 24-month period shall be subtracted from the 

PAL level. Emissions from units on which actual construction began after the 24-month period shall be added to the PAL level in

an amount equal to the potential to emit of the units. 

(4) The Department shall specify a reduced PAL level, in tons per year, in the PAL permit to become effective on the future 

compliance date of any applicable federal or state regulatory requirement that the Department is aware of before issuance of the 

PAL permit. 

C. Issuance of a PAL Permit. 

(1) If the Department approves an application for a PAL permit, the PAL permit shall be issued for a period not to exceed 5 

years from the PAL effective date. 

(2) The PAL permit shall include: 

(a) The PAL pollutant and the applicable source-wide emissions limitation in tons per year; 

(b) The effective date and expiration date of the PAL; 
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(c) Specification that if a major stationary source owner or operator applies to renew a PAL in accordance with §G of this 

regulation before the end of the PAL effective period, then the PAL does not expire at the end of the PAL effective period but 

remains in effect until a revised PAL permit is issued by the Department; 

(d) A requirement that emissions calculations for compliance purposes include emissions from startup, shutdowns, and 

malfunctions; 

(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of §E of this 

regulation; 

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring 

system data to monthly emissions and annual emissions based on a 12-month rolling total for each month; 

(g) A requirement that the major stationary source owner or operator monitor all emissions units and retain records, in 

accordance with the provisions of Regulation .09A of this chapter, which may be retained in an electronic format; 

(h) A requirement to submit the reports required under Regulation .09A of this chapter by the required deadlines; and 

(i) Any other requirement that the Department determines is necessary to implement and enforce the PAL. 

D. General Requirements. 

(1) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the 

entire major stationary source. 

(2) The PAL shall include emissions of only one pollutant, including quantifiable fugitive emissions of that pollutant from 

all emissions units. 

(3) For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary 

source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the 

previous 12 consecutive months is less than the PAL. For each month during the first 11 months from the PAL effective date, the

major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL. 

(4) A person who receives a PAL permit from the Department is subject to: 

(a) All applicable existing State and federal requirements; and 

(b) Any future State or federal requirements that apply to an emissions unit under an approved PAL. 

(5) During the PAL effective period, emission reductions of a PAL pollutant may not be creditable for use as ERCs unless 

the level of the PAL is reduced by the amount of the reduction and the reduction would be creditable in the absence of the PAL.

(6) PALs for existing major stationary sources shall be established, renewed, or increased through a public participation 

procedure that is consistent with 40 CFR §§51.160 and 51.161. The Department shall provide the public with notice of the 

proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. All comments received by the 

Department shall be addressed before the Department takes final action on the permit. 

E. Expiration of a PAL. 

(1) Any PAL that is not renewed according to §G of this regulation shall expire at the end of the PAL effective period. 

(2) Within the time frame specified for PAL renewals, the major stationary source shall submit a proposed allowable 

emission limitation for each emissions unit (or each group of emissions units, if this distribution is more appropriate, as 

determined by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the 

emissions units that existed under the PAL. If the PAL had not yet been adjusted for any applicable requirement that became 

effective during the PAL effective period, as required under §G of this regulation, the distribution shall be made as if the PAL had 

been adjusted. 

(3) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised 

permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Department determines is 

appropriate. 
DEPARTMENT OF THE ENVIRONMENT 

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(4) Each emissions unit shall comply with the allowable emission limitation on a 12-month rolling basis. The Department 

may approve the use of monitoring systems (for example, source testing or emission factors) other than CEMs, CERMs, PEMs, or 

CPMs to demonstrate compliance with the allowable emission limitation. 

(5) Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the 

PAL emission limitation. 

(6) Any physical change or change in the method of operation at the major stationary source is subject to the nonattainment 

major NSR requirements if the change meets the definition of a major modification. 

(7) The major stationary source owner or operator shall continue to comply with any State or federal applicable 

requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or before the PAL 

effective period, except for those emission limitations that had been established pursuant to Regulation .02G of this chapter but 

were eliminated by the PAL in accordance with Regulation .07A(2)(c) of this chapter. 

F. Reopening a PAL Permit. 

(1) During the PAL effective period, the permit may be reopened to: 

(a) Correct any errors in setting the PAL or to reflect a more accurate determination of emissions used to establish the 

PAL; 

(b) Reduce the PAL if the source creates emission reduction credits; or 

(c) Reflect a necessary increase in the PAL level. 

(2) The Department may reopen the PAL to: 

(a) Reflect a new federal or State requirement that would apply to an emissions unit after the effective date or for other 

reasons determined by the Department; 

(b) Reduce the PAL consistent with any other requirement that is enforceable as a practicable matter, and that the 

Department may impose on the major stationary source; or 

(c) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to: 

(i) A NAAQS or PSD increment violation; or 

(ii) An adverse impact on an air quality related value that has been identified for a Federal Class I Area by a federal 

land manager and for which information is available to the general public. 

(3) Any adjustment to the PAL shall be made through the public participation procedures required when the PAL was first 

established. 

G. Renewal of a PAL. 

(1) A person who requests renewal of a PAL permit shall apply for the renewal not later than 6 months before the existing 

PAL permit expiration date. If a person submits a complete application to renew the PAL within that time period, the PAL shall 

continue to be effective until a renewed permit is issued. 

(2) The application to renew the PAL shall contain the following: 

(a) The information required in §A of this regulation; 

(b) A proposed PAL level; 

(c) The sum of potential to emit of all emissions units under the PAL and supporting documentation; and 

(d) Any other information the owner or operator wishes the Department to consider in determining the appropriate level 

for renewing the PAL. 

(3) Adjustments at Renewal. 

(a) If the sum of the emissions from each emissions unit within the PAL is 80 percent or less than the PAL, a renewed 

PAL permit may be issued at the same level. 
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(b) The Department may set the PAL at a level that it determines to be more representative of the source's baseline actual 

emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated 

economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as 

specifically identified by the Department in its written rationale. 

(c) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a 

level not greater than the potential to emit of the source, and the Department may not approve a renewed PAL level higher than 

the current PAL unless the major stationary source has complied with the provisions of Regulation .09A of this chapter. 

(4) If a compliance date for a State or federal requirement that applies to the PAL source occurs during the PAL effective 

period, and if the Department has not already adjusted for this requirement, that PAL shall be adjusted at the time of PAL renewal 

or Title V permit renewal, whichever occurs first. 

(5) The Department shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the 

public for review and comment. During the public review, any person may propose a PAL level for the source for consideration 

by the Department. 

H. Increasing a PAL. 

(1) Requirements for Increasing a PAL. 

(a) A PAL may be increased during the PAL effective period if the requirements of this subsection are met. 

(b) The owner or operator of the major stationary source shall submit a complete application to request an increase in the 

PAL limit for a PAL major modification. The application shall identify the emissions units contributing to the increase in 

emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. 

(c) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the 

baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major 

emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or 

modified emissions units, exceeds the PAL. The level of control that would result from BACT equivalent controls on each 

significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is 

submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established 

within the preceding 10 years. In this case, the assumed control level for that emissions unit shall be equal to the level of BACT 

or LAER with which that emissions unit shall currently comply. 

(d) The owner or operator shall obtain a major NSR permit for all emissions units identified in this subsection regardless 

of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions units shall 

comply with any emissions requirements resulting from the nonattainment major NSR program processed (for example, LAER), 

even though they have also become subject to the PAL or continue to be subject to the PAL. 

(e) The PAL permit shall require that the increased PAL level be effective on the day any emissions unit that is part of 

the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions 

unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with §H(1)(c) of this regulation), plus the sum of the baseline actual emissions of 

the small emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of §D(6) 

of this regulation. 

.09 Plantwide Applicability Limit (PAL) — Monitoring, Record Keeping, and Reporting. 

A. Monitoring and Record Keeping Requirements. 

(1) Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determine plantwide 

emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit 

shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. 

Additionally, the information generated by the system shall meet the minimum legal requirements for admissibility in a judicial

proceeding to enforce the PAL permit. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of July 02, 2013 

(2) The PAL monitoring system shall employ one or more of the four general monitoring approaches meeting the minimum 

requirements set forth in §A(5) of this regulation and shall be approved by the Department. 

(3) Notwithstanding §A(2) of this regulation, an alternative monitoring approach may be used that meets the requirements 

of §A(1) of this regulation if approved by the Department. 

(4) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid. 

(5) The following are acceptable general monitoring approaches when conducted in accordance with the minimum 

performance requirements in §A(6)—(12) of this regulation: 

(a) Mass balance calculations for activities using coatings or solvents; 

(b) CEMs; 

(c) CPMs or PEMs; and 

(d) Emission factors. 

(6) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions 

from activities using coatings or solvents shall meet the following requirements: 

(a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created 

by all materials used in or at the emissions unit; 

(b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or 

fuel used in or at the emissions unit if it cannot otherwise be accounted for in the process; and 

(c) Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content 

from that material, the owner or operator shall use the highest value of the range to calculate the PAL pollutant emissions unless 

the Department determines there is site specific data or a site specific monitoring program to support another content within the 

range. 

(7) CEMs. An owner or operator using CEMs to monitor PAL pollutant emissions shall meet the following requirements: 

(a) CEMs shall comply with the applicable performance specifications found in 40 CFR Part 60, Appendix B; and 

(b) CEMs shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. 

(8) CPMs or PEMs. An owner or operator using CPMs or PEMs to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) The CPMs or the PEMs shall be based on current site specific data demonstrating a correlation between the monitored 

parameters and PAL pollutant emissions across the range of operation of the emissions unit; and 

(b) Each CPMs or PEMs shall sample, analyze, and record data at least every 15 minutes, or at another less frequent 

interval approved by the Department, while the emissions unit is operating. 

(9) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the 

factor development; 

(b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 

(c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to 

calculate PAL pollutant emissions shall conduct validation testing to determine a site specific emission factor within 6 months of 

PAL permit issuance, unless the Department determines that testing is not required. 

(10) A source owner or operator shall record and report maximum potential emissions without considering enforceable 

emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, 

unless another method for determining emissions during this period is specified in the PAL permit. 

(11) Notwithstanding the requirements in §A(6)—(10) of this regulation, when an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points 

of the emissions unit, the Department shall, at the time of permit issuance: 
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(a) Establish default values for determining compliance with the PAL based on the highest potential emission reasonably 

estimated at the operating point; or 

(b) Determine that operation of the emissions unit during operating conditions when there is no correlation between 

monitored parameters and the PAL pollutant emissions is a violation of the PAL. 

(12) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other 

scientifically valid means approved by the Department. This testing shall occur at least once every 5 years after issuance of the 

PAL. 

(13) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance 

with any requirement of Regulations .07—.09 of this chapter and of the PAL, including a determination of each emissions unit's 

12-month rolling total emissions for 5 years from the date of that record. 

(14) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the 

PAL effective period plus 5 years: 

(a) A copy of the PAL permit application and any application for revisions to the PAL; and 

(b) Each annual certification of compliance pursuant to Title V and the data relied on in certifying the compliance. 

B. Reporting Requirements. 

(1) A semiannual report shall be submitted to the Department within 30 days of the end of each reporting period, beginning 

6 months after the PAL effective date. This report shall contain the following information: 

(a) The identification of the owner and operator and the permit number; 

(b) Total annual emissions in tons per year based on a 12-month rolling total for each month in the reporting period 

recorded pursuant to §A(13) of this regulation; 

(c) All data relied upon including any quality assurance or quality control data in calculating the monthly and annual 

PAL pollutant emissions; 

(d) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period; 

(e) The number, duration, and cause of any deviation or monitoring malfunction, other than the time associated with zero 

and span calibration checks, and any corrective actions taken; 

(f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the 

reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another 

monitoring system, and whether the emissions unit monitored by the system continued to operate and the calculation of the 

emissions of the pollutant or the number determined by methods included in the permit; and 

(g) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information 

provided in the report. 

(2) The major stationary source owner or operator shall promptly submit reports of any deviation or exceedances of the 

PAL requirements including periods when no monitoring is available. A report submitted pursuant to COMAR 

26.11.03.06C(7)(a)(i) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits

prescribed in the source's Title V permit. The report shall contain the following information: 

(a) The identification of the owner or operator and the permit number; 

(b) The PAL requirement that experienced the deviation or that was exceeded; 

(c) The emissions resulting from the deviation or the exceedances; and 

(d) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information 

provided in the report. 

(3) The owner or operator shall submit to the reviewing authority the results of any revalidation test or method within 3 

months after completion of the test method. 
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Effective as of July 02, 2013 

Administrative History 

Effective date: August 19, 1984 (11:14 Md. R. 1250) 

Chapter recodified from COMAR 10.18.17 to COMAR 26.11.17 

Chapter, Bubbles, Banking, and Offsets, repealed effective July 8, 1990 (17:11 Md. R. 1344) 

—————— 

Regulations .01—.05, Requirements for Major New Sources and Modifications, adopted effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .02D amended effective May 22, 1995 (22:10 Md. R. 708) 

—————— 

Chapter revised effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .03B amended effective November 24, 2003 (30:23 Md. R. 1653) 

—————— 

Chapter revised effective October 22, 2007 (34:21 Md. R. 1917) 

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1077) 

Regulation .02 amended effective July 8, 2013 (40:13 Md. R. 1077) 
26.11.19 Page 1 

Effective as of September 28, 2015 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 19 Volatile Organic Compounds from Specific Processes 

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. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Adhesive" means an organic, inorganic, natural, or synthetic substance that is used primarily for laminating, attaching, 

or bonding two or more components. 

(1-1) "Annual", when used in the context of emissions, production, throughput, or total weight or volume, means a 

"calendar year", unless otherwise specified. 

(2) "Coating" means a liquid, liquefiable, or mastic composition which is converted into a solid protective, decorative, or 

adherent film after application as a thin layer. This includes paints, varnishes, lacquers, stains, shellacs, film-forming polymers, 

waxes, and oils which are applied to metal, paper, fabric, wood, glass, stone, concrete, plastic, and other types of surfaces. 

(3) "Exempt solvent" means any organic compound that is not a VOC as defined under COMAR 26.11.01.01. 

(4) "Major stationary source of VOC" means any stationary source which has the potential to emit, including fugitive 

emissions: 

(a) 25 tons or more per year of VOC and is located in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, 

Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; 

(b) 50 tons or more per year of VOC and is located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, 

Somerset, St. Mary's, Talbot, Washington, Wicomico, or Worcester counties. 

(5) "Oven" means a chamber within which heat is used to bake, cure, polymerize, or dry a surface coating. 

(6) "Prime coat" means the initial layer of coating applied in a multicoat application. 

(7) "Transfer efficiency" means the ratio of the amount of coating solids deposited onto the surface of a coated part to the 

total amount of coating solids used. 

(8) "Web printing" means using lithographic, letterpress, flexographic, or rotogravure methods to deposit ink on paper or 

similar products that are fed continuously from a web. 

.02 Applicability, Determining Compliance, Reporting, and General Requirements. 

A. Applicability. 

(1) Any installation or source subject to the provisions of this chapter is also subject to all applicable provisions of all other 

chapters in this subtitle. However, when this chapter establishes an emission standard for a specific installation which differs from 

the general emission standard in COMAR 26.11.06.01—.09, this chapter takes precedence. 

(2) This chapter is applicable throughout the State. 

(3) Except as provided in §A(4) of this regulation, if a source becomes subject to any requirement in this chapter because 

either its potential to emit or actual emissions exceed an applicability threshold, the source, after that, is subject to all applicable 

requirements, regardless of whether a future emission rate is below the applicability threshold. 

(4) If a source is subject to a federally enforceable emissions limit, that limit determines whether the source is subject to the 

requirements of this chapter. 

(5) In determining the applicability of any requirements in this chapter that specify an applicability threshold in terms of 

actual emissions, the emission on any day since January 1, 1990, shall be considered. 

B. Method of Compliance. 

(1) Unless otherwise stated, compliance with the applicable emission standards established in this chapter is based on the 

VOC content of each coating or adhesive, as applied. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of September 28, 2015 

(2) A person subject to this chapter shall comply with the emission standards in this chapter by: 

(a) Applying low VOC coatings or adhesives that meet applicable standards; 

(b) Using a control device that, when tested by approved test methods: 

(i) Complies with applicable emission reduction requirements, or 

(ii) Results in an emission reduction equal to or greater than the emission reduction that would have been achieved by 

complying with §B(2)(a) of this regulation; 

(c) Complying with the operating conditions or equipment specifications established in the applicable regulation; 

(d) For sources subject to VOC limits in coatings or inks or other similar products, reducing emissions by using waterbased coatings, resins, inks, or similar products that contain less than 25 percent VOC by volume of the volatile portion of the 

product; or 

(e) Using an alternative method of assessing compliance if: 

(i) The alternative method is approved by the Department, 

(ii) The resulting emissions are equal to or less than the emissions that would have been discharged by complying with 

emission standards, 

(iii) Adequate records are maintained to ensure enforceability, and 

(iv) The alternative compliance method is approved by the U.S. EPA as a revision to the State Implementation Plan. 

C. Determination of Equivalency. If compliance is achieved by a method other than use of a low VOC coating or adhesive that 

meets the applicable emission standard established in this chapter, compliance with the standard shall be determined on the basis 

of equal volume of solids applied. 

D. Test Method. 

(1) The VOC content for any coating or adhesive used pursuant to the requirements of this chapter shall be determined 

using Method 24 of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment 

Specifications for Stationary Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

(2) If compliance with any requirement in this chapter is achieved through use of an air pollution control device, 

compliance shall be determined in accordance with COMAR 26.11.01.04C. 

(3) Alternative methods for determining compliance may be used if approved by the Department and by the US EPA. 

E. Computations. 

(1) "Kilograms per liter of coating or adhesive applied (minus water)" shall be computed by the following formula: 

Kilograms per liter of coating or adhesive applied (minus water) = A/(1 - (B/0.995) - (C/D)) when: 

A is the weight in kilograms of VOC in each liter at standard conditions, 

B is the weight in kilograms of water in each liter at standard conditions, 

C is the weight in kilograms of exempt solvent in each liter at standard conditions, and 

D is the density of the exempt solvent in kilograms per liter. 

(2) "Pounds per gallon of coating or adhesive applied (minus water)" shall be computed by the following formula: 

Pounds per gallon of coating or adhesive applied (minus water) = A/(1 - (B/8.321) - (C/D)) when: 

A is the weight in pounds of VOC in each gallon at standard conditions, 

B is the weight in pounds of water in each gallon at standard conditions, 

C is the weight in pounds of exempt solvent in each gallon at standard conditions, and 

D is the density of the exempt solvent in pounds per gallon. 
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(3) The composite vapor pressure of organic compounds for any cleaning solution, solvent, or degreasing material shall be 

determined as follows: 

(a) The composite vapor pressure of organic compounds shall be determined by quantifying the amount of each 

compound in the blend using gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-79 for water 

content, as applicable, and the following equation: 

Where: 

Ppc = VOC composite partial pressure at 200 C, in mm Hg 

Wi = Weight of the “I”th VOC compound, in grams, as determined by ASTM E 260-91

Ww = Weight of water, in grams as determined by ASTM D 3792-86

We = Weight of the “I”th exempt compound, in grams, as determined by ASTM E 260-91

Mwi = Molecular weight of the “I”th VOC compound, in grams per g-mole, as given in chemical reference literature 

Mww = Molecular weight of water, 18 grams per g-mole 

Mwe =Molecular weight of the “I”th exempt compound, in grams per g-mole, as given in chemical reference literature 

Vpi = Vapor pressure of the “I”th VOC compound at 20 C, in mm Hg, as determined by §E(4)(b) of this regulation. 

 (b) The vapor pressure of each single component compound may be determined from ASTM D2879-86, or may be 

obtained from a material safety data sheet or another source approved by the Department. 

(4) The mass VOC to mass solids applied for coatings, adhesives, or inks shall be determined as follows: 

(a) The VOC content, water content, density, volume solids, and weight solids for any coating, adhesive, or ink used 

pursuant to the requirements of this chapter shall be determined as specified in COMAR 26.11.01.04C. 

(b) The weight of coating solids shall be calculated as follows: 

Where: 

VOCS = VOC content in lb VOC/lb of coating solids or in kg VOC/kg of coating solids 

Wv = 100% - Wn

Ww = Weight percent of water 

Wex = Weight percent of exempt solvents 

Wn = Weight percent of solids of the as applied coating 

 (5) The weight of VOC in units of weight VOC per weight coating applied (in pounds VOC/pounds coating applied or in 

VOC/kg coating applied) for coatings, adhesives, or inks shall be determined as follows: 

(a) The VOC content, water content, density, volume solids, and weight solids for any coating, adhesive, or ink used 

pursuant to the requirements of this chapter shall be determined as specified in COMAR 26.11.01.04C. 

(b) The weight of coating solids shall be calculated as follows: 

VOCM = Wv - Ww - Wex 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of September 28, 2015 

Where: 

VOCM = VOC content in lb VOC/lb of coating or in kg VOC/kg of coating 

Wv = 100% - Wn

Ww = Weight percent of water 

Wex = Weight percent of exempt solvents 

Wn = Weight percent of solids of the as applied coating 

F. Reporting and Record-Keeping Requirements. 

(1) Reporting Requirements for Listed Sources. 

(a) A person who owns or operates any of the installations or sources listed below shall, unless otherwise required by a 

permit condition or administrative order, submit a quarterly report to the Department on or before the 20th of the month following 

the end of each calendar quarter: 

(i) A major stationary source of VOC, as defined in Regulation .01B(4) of this chapter; 

(ii) A source that has an approved alternative method of assessing compliance under §B(2)(d) of this regulation; 

(iii) A source for which the Department has authorized compliance through use of averaging or that has an emission 

cap or other emission or production limitation; and 

(iv) Any other source, as determined by the Department, based on the quality or quantity of materials used or 

processed. 

(b) The report shall include, at a minimum, the VOC content and the quantity of VOC bearing materials used during the 

specified time period, and operational parameters that are necessary to ensure compliance. 

(2) Reporting Requirements for Small Sources. A person who owns or operates an installation or source for which a 

standard has been established in this chapter and has VOC emissions below the applicable regulation threshold shall maintain 

records pertaining to the quality and quantity of VOC materials used that are adequate to demonstrate that emissions are below 

the applicable threshold at all times. 

(3) Record Keeping Requirements. 

(a) Data shall be recorded in a manner consistent with the time period to which a standard applies to enable the 

determination of compliance. For example, 24-hour records shall be maintained for a 24-hour time-weighted average. 

(b) Data shall be maintained for a period of at least 2 years, and made available to the Department upon request. 

(c) The reporting format and acceptable data summary shall be as prescribed by the Department. 

G. Control of Major Stationary Sources of Volatile Organic Compounds. 

(1) This section applies to a person who owns or operates any major stationary source of VOC that is not subject to any 

VOC emission standard in COMAR 26.11.10, 26.11.11, 26.11.13, 26.11.14, or Regulations .03—.33 of this chapter. 

(2) A person who owns or operates a major stationary source of VOC subject to this section shall: 

(a) Identify each installation or source to which this section applies and notify the Department in writing of this 

identification, not later than: 

(i) August 15, 1993, for all major stationary sources of VOC except major stationary sources of VOC with the 

potential to emit between 25 and 50 tons per year of VOC and located in Calvert, Charles, Frederick, Montgomery, or Prince 

George's counties, or 

(ii) January 20, 1995, for major stationary sources of VOC with the potential to emit between 25 and 50 tons per year 

of VOC and located in Calvert, Charles, Frederick, Montgomery, and Prince George's counties; 

(b) Estimate emissions for each installation or source identified in §G(2)(a) of this regulation and conduct tests as 

required by the Department to verify emissions estimates; 

(c) Submit to the Department, in writing, a proposal for RACT for each installation or source identified and an 

expeditious schedule to comply with the proposed RACT standard by not later than: 
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(i) November 15, 1993, for all major stationary sources of VOC except major stationary sources of VOC with the 

potential to emit between 25 and 50 tons per year of VOC and located in Calvert, Charles, Frederick, Montgomery, or Prince 

George's counties; or 

(ii) March 20, 1995, for major stationary sources of VOC with the potential to emit between 25 and 50 tons per year of 

VOC and located in Calvert, Charles, Frederick, Montgomery, or Prince George's counties; and 

(d) By not later than May 15, 1995, comply with RACT as determined by the Department for that major stationary 

source. 

(3) Upon its approval of a RACT standard, the Department shall: 

(a) Amend the source's permit to operate to include the RACT requirements; 

(b) If the source does not have a permit to operate, require the source to submit an application for a permit to operate 

pursuant to COMAR 26.11.02.13, and issue a permit to operate that includes the RACT requirements; 

(c) Adopt a regulation that reflects RACT; or 

(d) Issue an order that includes the RACT requirements. 

(4) A RACT standard established by the Department pursuant to this section shall be submitted to the U.S. EPA for 

approval as a revision to the State Implementation Plan. 

H. A person who owns or operates an existing installation that is not in compliance with this chapter and that is located in 

Allegany, Calvert, Caroline, Charles, Dorchester, Frederick, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, 

Washington, Wicomico, or Worcester counties shall submit a plan for compliance for approval by the Department. The plan for 

compliance shall be submitted not later than November 15, 1993, and include an expeditious schedule to achieve compliance by 

not later than May 15, 1995.

I. Good Operating Practices, Equipment Cleanup, and VOC Storage. 

(1) Applicability. The requirements in this section apply to a person who owns or operates an installation that is subject to 

any requirement in this chapter. 

(2) Good Operating Practices. 

(a) A person who is subject to this section shall implement good operating practices to minimize VOC emissions into the 

atmosphere. 

(b) Good operating practices shall, at a minimum, include the following: 

(i) Provisions for training of operators on practices, procedures, and maintenance requirements that are consistent with 

the equipment manufacturers' recommendations and the source's experience in operating the equipment, with the training to 

include proper procedures for maintenance of air pollution control equipment; 

(ii) Maintenance of covers on containers and other vessels that contain VOC and VOC-containing materials when not 

in use; 

(iii) Minimize spills of VOC-containing cleaning materials; 

(iv) Convey VOC-containing cleaning materials from one location to another in closed containers or pipelines; 

(v) Minimize VOC emissions from cleaning of storage, mixing, and conveying equipment; 

(vi) As practical, scheduling of operations to minimize color or material changes when applying VOC coatings or 

other materials by spray gun; 

(vii) For spray gun applications of coatings, use of high volume low pressure (HVLP) or other high efficiency 

application methods where practical; and 

(viii) As practical, mixing or blending materials containing VOC in closed containers and taking preventive measures 

to minimize emissions for products that contain VOC. 

(c) A person subject to this regulation shall: 

(i) Establish good operating practices in writing; 
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(ii) Make the written operating practices available to the Department upon request; and 

(iii) Display the good operating practices so that they are clearly visible to the operator or include them in operator 

training. 

(3) Equipment Cleanup. 

(a) A person subject to this section shall take all reasonable precautions to prevent or minimize the discharge of VOC 

into the atmosphere when cleaning process and coating application equipment, including containers, vessels, tanks, lines, and 

pumps. 

(b) Reasonable precautions for equipment cleanup shall, at a minimum, include the following: 

(i) Storing all wastes and waste materials, including cloth and paper that are contaminated with VOC, in closed 

containers; 

(ii) Preparing written standard operating procedures for frequently cleaned equipment, including when practical, 

provisions for the use of low-VOC or non-VOC materials and procedures to minimize the quantity of VOC materials used; 

(iii) Using enclosed spray gun cleaning, VOC-recycling systems and other spray gun cleaning methods where practical 

that reduce or eliminate VOC emissions; and 

(iv) Using, when practical, detergents, high-pressure water, or other non-VOC cleaning options to clean coating lines, 

containers, and process equipment. 

(4) VOC Storage and Transfer. 

(a) A person subject to this section who stores VOCs shall, at a minimum, install conservation vents or other vapor 

control measures on storage tanks with a capacity of 2,000 gallons or more to minimize VOC emissions. 

(b) A person subject to this section shall, at a minimum, utilize vapor balance, vapor control lines, or other vapor control 

measures when VOCs are transferred from a tank truck into a stationary storage tank with a capacity greater than 10,000 gallons 

and less than 40,000 gallons that store VOCs or materials containing VOCs, other than gasoline, that have a vapor pressure 

greater than 1.5 psia. 

.03 Automotive and Light-Duty Truck Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Automobile" means a passenger car or passenger car derivative capable of seating 12 or fewer passengers. 

(2) Automobile and Light-Duty Truck Coating. 

(a) "Automobile and light-duty truck coating" means an operation that deposits a coating on vehicle parts for eventual 

inclusion into a finished product ready for sale to vehicle dealers. 

(b) "Automobile and light-duty truck coating" does not include wheel coatings, anti-rust coatings, truck coatings, interior 

coatings, flexible coatings, sealers, and plastic parts coatings. 

(3) "Final repair" means the final coating applied to correct topcoat imperfections. 

(4) Light-Duty Truck. 

(a) "Light-duty truck" means a motor vehicle rated at 8,500 pounds (3,864 kilograms) gross weight or less which is 

designed primarily for purposes of transportation of property or is a derivative of such a vehicle. 

(b) "Light-duty truck" includes pickups, vans, and window vans. 

(5) "Primer surfacer" means the coating applied after the primer application and before the topcoat operation on an 

automotive or light-duty truck part. 

(6) "Topcoat" means the final coating applied for the purpose of establishing the color and protective surface, including the 

ground coat and paint sealer materials. 

B. Emission Standards. 

(1) Refinishers, body shops, and customizers are not subject to this regulation. 
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(2) A person may not cause or permit the discharge into the atmosphere of VOC from an automobile or light-duty truck 

coating installation in excess of the following emission standards: 

Coating Pounds Per Gallon of Coating Applied (minus water) Kilograms Per Liter of Coating Applied (minus water) 

Prime Coat 1.2 0.14 

Primer Surfacer 2.8 0.34 

Topcoat 2.8 0.34 

Final Repair 4.8 0.58 

.04 Can Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Can coating" means all operations that deposit a coating on metal intended to be made into two-piece cans or threepiece cans with cemented, soldered, or welded side seams. 

(2) "End seal compound coating" means a coating applied onto can ends which functions as a gasket when assembled on the 

can. 

(3) "Exterior base coat" means a coating applied to the exterior of a can to provide protection to the metal and to provide 

background for the lithographic or printing operation. 

(4) "Interior base coat" means a coating applied to flat sheet stock which is intended to provide a protective lining to the 

inside of the can. 

(5) "Overvarnish" means the final coating applied over decorative images on the surface intended to be the can exterior. 

(6) "Three-piece can side seam spray" means a coating applied to the can surface joint when forced from sheet stock to 

protect the exposed metal. 

(7) "Two-piece can exterior end coating" means a coating applied to the exterior end of a can to provide protection to the 

metal. 

B. Emission Standards. A person may not cause or permit the discharge into the atmosphere of any volatile organic compound 

from can coating in excess of the following emission standards: 

Emission Standard 

Coating Pounds Per Gallon of Coating 

Applied (minus water) 

Kilograms Per Liter of Coating 

Applied (minus water) 

Sheet Basecoat (Exterior & Interior), Overvarnish, or Two-Piece Can 

Exterior (Basecoat and Overvarnish) 

2.8 0.34 

Two- and Three-Piece Interior Body Spray, Two-Piece Can Exterior 

End Coating 

4.2 0.51 

Three-Piece Can Side Seam Spray 5.5 0.66 

End Seal Compound Coating 3.7 0.44 

.05 Coil Coating. 

A. Definition. "Coil coating" means the coating of any flat metal sheet or strip supplied as rolls or coils. 

B. Emission Standards. A person may not cause or permit the discharge into the atmosphere of any VOC from coil coating in 

excess of 2.6 pounds per gallon of coating applied (minus water) (0.31 kilogram/liter of coating applied (minus water)). 

.06 Large Appliance Coating. 

A. Definition. 

(1) In this regulation, the following term has the meaning indicated. 

(2) Large Appliance Coating. 
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(a) "Large appliance coating" means the coating of doors, cases, lids, panels, or other interior or exterior parts or 

accessories of residential and commercial washers, dryers, cooking equipment (including ranges, ovens, and microwave ovens), 

refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products. 

(b) “Large appliance coating” does not mean the coating of toasters, counter-top grills, and similar small products. 

B. Coating Standard. 

(1) This section does not apply to the use of quick drying lacquers for repair of nicks and scratches that occur during 

assembly. 

(2) A person who uses a large appliance coating installation: 

(a) May not cause or permit the discharge into the atmosphere of any VOC from a large appliance coating installation in 

excess of 2.3 pounds per gallon of coating applied (excluding water) (0.275 kilogram/liter of coating applied (excluding water)); 

or

(b) Shall use control equipment to achieve an overall VOC emissions reduction of 90 percent or greater from the large 

appliance coating installation at the affected facility. 

(3) A person who complies with §B(2)(a) of this regulation shall use one or more of the following application methods: 

(a) Electrostatic application; 

(b) HVLP spray; 

(c) Flow coat; 

(d) Roller coat; 

(e) Dip coat including electrodeposition; 

(f) Brush coat; or 

(g) Other coating application method that has a transfer efficiency equivalent to or better than that achieved by HVLP 

spraying. 

.07 Paper, Fabric, Film, and Foil Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Coating line" means any number or combination of adhesive, release, or pre-coat coating applicators, flash-off areas, 

and ovens that: 

(a) Coat a continuous web; 

(b) Are located between one or more web unwind or feed stations and one or more rewind or cutting stations; and 

(c) Are used to apply a paper, film, or foil products coating as a continuous layer across any portion of the width of a web 

substrate, to: 

(i) Provide a covering, finish, or functional or protective layer to a substrate; 

(ii) Saturate a substrate for lamination; or 

(iii) Provide adhesion between two substrates for lamination. 

(2) "Coating solids applied" means the solids content of the coated paper, film, or foil products coating as measured by EPA 

Method 24. 

(3) "Fabric coating" means depositing a coating on a textile substrate to enhance strength, stability, water or acid repellency, 

or appearance (such as on rainwear, tents, and industrial items such as gaskets and diaphragms). 

(4) "Flash-off area" means the area between two or more consecutive coating applicators or between a coating applicator 

and a drying oven. 

(5) Paper Coating. 
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(a) "Paper coating" means depositing a coating on paper or pressure sensitive tape (regardless of substrate) and includes 

related web coating processes on plastic film (such as typewriter ribbons, photographic film, and magnetic tapes) and decorative 

coatings on metal foil (such as gift wrap and packaging). 

(b) "Paper coating" does not include sheet-fed paper coating. 

(6) Paper, Film, and Foil Product. 

(a) "Paper, film, and foil product" means any product made from paper, fabric, film, or foil surfaces or substrates 

manufactured for the following industry sectors:

(i) Pressure sensitive tape and labels, including fabric coated for use in pressure sensitive tapes and labels; 

(ii) Photographic film; 

(iii) Industrial and decorative laminates; 

(iv) Abrasive products, including fabric coated for use in abrasive products; and 

(v) Flexible packaging, including coating of non-woven polymer substrates for use in flexible packaging; and 

(b) "Paper, film, and foil product" includes the following products: 

(i) Corrugated and solid fiber boxes; 

(ii) Die-cut paper, paperboard, and cardboard; 

(iii) Converted paper and paperboard not elsewhere classified; 

(iv) Folding paperboard boxes, including sanitary boxes; 

(v) Manifold business forms and related products; 

(vi) Plastic aseptic packaging; and 

(vii) Carbon paper and inked ribbons.

(7) Paper, Film, and Foil Product Coating. 

(a) "Paper, film, and foil product coating" means any coating applied to paper or fabric for use in pressure sensitive tapes 

and labels, film, or foil surfaces or substrates during the manufacture of paper, film, and foil products; 

(b) "Paper, film, and foil product coating" includes any coating applied to a substrate used to manufacture paper, film, 

and foil products to: 

(i) Provide a covering, finish, or functional or protective layer to a substrate; 

(ii) Saturate a substrate for lamination; or 

(iii) Provide adhesion between two substrates for lamination. 

(c) "Paper, film, and foil product coating" does not include: 

(i) Any coating applied individually or in a line with any offset lithographic, screen, letterpress, flexographic, 

rotogravure, or digital printing press; or 

(ii) Any coating applied by presses and on machine coaters that function as part of an in-line papermaking system. 

(8) "Pressure sensitive tape and label surface coating" means a paper, film, foil, or fabric coating that is applied to pressure 

sensitive tapes and labels. 

(9) "Sheet-fed paper coating" means a noncontinuous method of paper coating. 

(10) "Ultraviolet curable coating" means an as-applied non-VOC coating consisting of pigments, monomers, oligomers, 

modifiers, and other additives that polymerize upon exposure to an ultraviolet light source. 

(11) "Vinyl coating" means depositing a printing, or decorative or protective topcoat, on vinyl-coated fabric or vinyl sheets. 
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B. Applicability. 

(1) This regulation does not apply to a person who is subject to the provisions of Regulation .11 of this chapter if the 

coating is applied at the same premises where the printing is done. 

(2) This regulation does not apply to any adhesive application that is subject to the provisions of Regulation .15 of this 

chapter. 

(3) A person who owns or operates a coating line with the potential to emit 25 tons or greater per year of VOC from 

coatings, prior to controls, is subject to the requirements of §D of this regulation and is exempt from the requirements in §C of 

this regulation. 

C. Emission Standards for Coating or Printing Installations. 

(1) A person may not cause or permit the discharge into the atmosphere of any VOC from any installation listed in §C(2) of 

this regulation in excess of the standards in §C(2) of this regulation. 

(2) Coating Standards. 

Coating Installation

Applicability

(Pounds of VOC

per day)

Pounds of VOC Per Gallon of Coating

As applied minus water)

Kilograms of VOC Per Liter

of Coating (As applied minus water)

Web paper 20 2.9 0.35

Fabric 20 2.9 0.35

Vinyl 20 3.8 0.45

Sheet-fed paper 20 2.9 or use ultra violet coating 0.35

D. Emission Standards for Paper, Film, and Foil Product Coating with VOC Emissions (Potential to Emit) of 25 Tons or 

Greater Per Year. 

(1) A person who meets the applicability level of §B(3) of this regulation shall: 

(a) Use add-on air pollution control equipment to reduce VOCs from the coating line by an overall capture and control 

efficiency of at least 90 percent, by weight; or 

(b) Meet the following emission standard for each coating line installation: 

Paper, Film, and Foil Coating Emission Standard (Ratio) 

lb VOC/ lb solids or kg VOC/kg 

solids 

lb VOC/lb coating or kg VOC/kg 

coating 

Paper, Film, and Foil Coating other than a Pressure Sensitive Tape and 

Label Surface Coating 

0.40 0.08 

Pressure Sensitive Tape and Label Surface Coating 0.20 0.06 

(2) If air pollution control equipment is used to meet §D(1) of this regulation, the following requirements apply: 

(a) If a thermal oxidizer is used, the combustion zone temperature shall be continuously monitored; 

(b) If a catalytic oxidizer is used, inlet and exhaust gas temperatures shall be continuously monitored; and 

(c) If a carbon adsorption system or other control device is used, the Department shall establish the operating parameters 

to be continuously monitored in the permit to construct authorizing installation of the control device. 

(3) Operational records sufficient to demonstrate compliance with the requirements of this regulation shall be maintained 

on-site as required by Regulation .02F of this chapter. 

.07-1 Control of VOC Emissions from Solid Resin Decorative Surface Manufacturing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Particle plant operation" means a SRDS operation where cured resin sheets are pulverized into particles to be used in 

the manufacture of decorative surfaces. 

(2) "Related operations" means a VOC emitting installation located at a solid resin decorative surface manufacturing facility 

other than a particle plant operation, shaped goods plant, SRDS operation, or high pressure laminate (HPL) operation. 
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(3) "Shaped goods plant" means a process in which resins are mixed with a catalyst and other ingredients, shaped into a 

mold, and cured to produce a shaped product such as a sink. 

(4) "Solid resin decorative surface (SRDS) operation" means a process where resins are mixed with a catalyst and other 

ingredients, formed into a sheet, and cured. 

B. Applicability. This regulation applies to a person who owns or operates a solid resin decorative surface manufacturing 

facility that is a major stationary source of VOC. 

C. General Requirements for SRDS Operations. A person who owns or operates an SRDS operation subject to this regulation 

shall: 

(1) Vent the curing oven exhaust at each SRDS operation into a VOC control system consisting of a condenser and carbon 

adsorber unit, or other control system that is maintained and operated to reduce VOC emissions from the curing oven exhaust by 

75 percent or more; and 

(2) Take all reasonable precautions to minimize VOC emissions from the SRDS operation mixing vessels and storage tanks 

including: 

(a) The use of covers on mixers to minimize evaporative losses except when adding or emptying materials, 

(b) Operator training in procedures to minimize spills and evaporative losses during the mixing and transferring of VOC 

containing materials, 

(c) Implementing programs to minimize the quantity of VOC-based materials used to clean lines or equipment, 

(d) Storing VOC-contaminated cloth or paper in closed containers, and 

(e) Implementing an effective leak inspection and maintenance program that includes monthly inspections of equipment 

such as storage tanks, process equipment, pumps, compressors, valves, flanges, and other pipe fittings for leaks. 

D. General Requirements for Particle Plant Operations. A person who owns or operates a particle plant operation subject to 

this regulation shall: 

(1) Vent the curing oven exhaust at each particle plant operation into a VOC control system consisting of a carbon adsorber 

unit or other control system that is maintained and operated to reduce VOC emissions from the curing oven exhaust by 75 percent 

or more; and 

(2) Take all reasonable precautions to minimize VOC emissions from the particle plant operation mixing vessels and 

storage tanks as specified in §C(2) of this regulation for SRDS operations. 

E. General Requirements for Shaped Goods Plants. A person who owns or operates a shaped goods plant subject to this 

regulation shall take all reasonable precautions to minimize VOC emissions as specified in §C(2) of this regulation for SRDS 

operations. 

F. General Requirements For Related Operations. A person who owns or operates related operations subject to this regulation 

shall reduce VOC emissions by taking all reasonable precautions as specified in §C(2) of this regulation for SRDS operations. 

G. Additional Requirements for VOC Storage Tanks. 

Raw material storage tanks containing VOC or VOC-containing materials shall be equipped with vapor balance lines or 

conservation vents to minimize working and breathing losses. 

H. Reporting and Record-Keeping Requirements. Reporting and record-keeping requirements for affected sources are 

established in the source's permit to operate. 

.07-2 Plastic Parts and Business Machines Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) “Business machine” means a device that uses electronic or mechanical methods to process information, perform 

calculations, print or copy information, or convert sound into electrical impulses for transmission, such as: 

(a) Products classified as typewriters under SIC Code 3572; 

(b) Products classified as electronic computing devices under SIC Code 3573; 
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(c) Products classified as calculating and accounting machines under SIC Code 3574; 

(d) Products classified as telephone and telegraph equipment under SIC Code 3661; 

(e) Products classified as office machines, not elsewhere classified, under SIC Code 3579; and 

(f) Photocopy machines, a subcategory of products classified as photographic equipment under SIC code 3861. 

(2) “Business machine coating” means a coating applied to a business machine. 

(3) “Electric dissipating coating” means a coating that rapidly dissipates a high voltage electric charge. 

(4) Extreme Performance Coating. 

(a)”Extreme performance coating” means a coating used on a plastic surface where the coated surface is, in its intended 

use, subject to the following: 

(i) Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or 

solutions; 

(ii) Repeated exposure to temperatures in excess of 250°F; or 

(iii) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, 

cleansers, or scouring agents. 

(b) “Extreme performance coating” includes, but is not limited to, coatings applied to locomotives, railroad cars, farm 

machinery, and heavy duty trucks. 

(5) “Fog coating”, also known as mist coating and uniforming, means a thin coating of 0.5 mils or less applied to plastic 

parts that have molded-in color or texture, or both, to improve color uniformity. 

(6) “Metallic coating” means a coating which contains more than 5 grams of metal particles per liter of coating, as applied. 

(7) “Military specification coating” means a coating which has a formulation approved by a United States Military Agency 

or Service for use on military equipment. 

(8) “Mold seal coating” means the initial coating applied to a new mold or a repaired mold to provide a smooth surface 

which, when coated with a mold release coating, prevents products from sticking to the mold. 

(9) “Multi-colored coating” means a coating which exhibits more than one color when applied, and which is packaged in a 

single container and applied in a single coat. 

(10) “Multi–component coating” means a coating requiring the addition of a separate reactive resin, commonly known as a 

catalyst or hardener, before application to form an acceptable dry film. 

(11) “One-component coating” means a coating that is ready for application as it comes out of its container to form an 

acceptable dry film, except for the addition of a thinner to reduce the viscosity. 

(12) “Optical coating” means a coating applied to an optical lens. 

(13) “Plastic part” means a product made out of a plastic substrate other than vinyl. 

(14) “Plastic part coating” means a coating applied to a plastic part. 

(15) “Prime coat” means the initial coat applied to a part when more than one coating is applied, not including conductive 

sensitizers or electromagnetic interference/radio frequency interference (EMI/RFI) shielding coatings. 

(16) “Shock-free coating” means a coating having characteristics of low capacitance, high resistance, and resistance to 

breaking down under high voltage, which are applied to electrical components to protect the user from electric shock. 

(17) “Standard Industrial Classification Code (SIC Code)” means a code for classifying types of businesses found in the 

Standard Industrial Classification Manual, 1987, prepared by the Executive Office of the President, Office of Management and 

Budget. 

(18) Texture Coat. 

(a) “Texture coat” means a coating which, after application and in its finished form, is characterized by discrete, raised 

spots on the exterior surface of the coated part. 
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(b) “Texture coat” does not include conductive sensitizers or EMI/RFI shielding coatings. 

(19) Touch-Up and Repair Coat. 

(a) “Touch-up and repair coat” means: 

(i) A coat applied to correct any imperfections in the finish after color or texture coats have been applied; or 

(ii) A coat used to re-coat portions of a previously coated product which has sustained mechanical damage to the 

coating following normal coating operations. 

(b) “Touch-up and repair coat” does not include conductive sensitizers or EMI/RFI shielding coatings. 

(20) “Vacuum-metalizing coatings” means topcoats and basecoats that are used in the vacuum-metalizing process. 

(21) “Vacuum metalizing process” means a process of evaporating metals inside a vacuum chamber which then bonds to 

the desired substrate to achieve a uniform metalized layer. 

B. Standards for Coating Installations. 

(1) A person may not cause or permit the discharge into the atmosphere of any VOC from any installation listed in §B(2), 

(3), and (4) of this regulation in excess of the standards in §B(2), (3), and (4) of this regulation. 

(2) Plastic Parts Coating Standards. 

Coating

Installation 

Applicability

(Pounds of VOC

per day) 

Pounds of VOC

Per Gallon of 

Coating

(As applied

minus water) 

Kilograms of

VOC Per Liter

of Coating

(As applied

minus water) 

Decorative coating of other plastic parts 20 5.9 0.70 

General, one-component 15 2.3 0.28 

General, multi-component 15 3.5 0.42 

Electric dissipating coatings and shock-free coatings 15 6.7 0.80 

Extreme performance 15 3.5 0.42 

Metallic 15 3.5 0.42 

Military specification, one-component 15 2.8 0.34 

Military specification, multi-component 15 3.5 0.42 

Mold seal 15 6.3 0.76 

Multi-colored coatings 15 5.7 0.68 

Optical coatings 15 6.7 0.80 

Plastic vehicle parts 20 3.0 0.36 

Vacuum-metalizing 15 6.7 0.80 

Vinyl 20 3.8 0.45 

(3) Business Machines Coating Standards. 
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Coating

Installation 

Applicability

(Pounds of VOC

per day) 

Pounds of VOC

Per Gallon of 

Coating

(As applied

minus water) 

Kilograms of

VOC Per Liter

of Coating

(As applied

minus water) 

Prime Coat 15 2.9 0.35 

Topcoat 15 2.9 0.35 

Texture coat 15 2.9 0.35 

Fog coat 15 2.2 0.26 

Touchup and repair 15 2.9 0.35 

(4) Printing Standards. 

Printing

Installation 

Applicability

(Pounds of VOC

per day) 

Pounds of VOC

Per Gallon of

Coating

(As applied

minus water) 

Kilograms of

VOC Per Liter

of Coating

(As applied

minus water) 

Plastic other than vinyl Non-major source 5.8 0.69 

Plastic other than vinyl Major source as defined in

COMAR 26.11.19.01B(4) 3.8 0.45 

Vinyl 20 3.8 0.45 

C. Application Methods. A person subject to the requirements of §B of this regulation shall use the following application 

methods: 

(1) Electrostatic application; 

(2) HVLP spray; 

(3) Flow coat; 

(4) Roller coat; 

(5) Dip coat including electrodeposition; 

(6) Brush coat; or

(7) A coating application method capable of achieving a transfer efficiency equivalent to or better than the efficiency 

achieved by HVLP spraying. 

.08 Metal Parts and Products Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Adhesion promoter" means a thin coating applied to a substrate to: 

(a) Promote wetting; and 

(b) Form a chemical bond with the subsequently applied material. 

(2) “Air-dried coating” means a coating that is cured at a temperature below 90°C (194°F). 

(3) “Baked coating” means a coating that is cured at a temperature at or above 90°C (194°F). 

(4) “Camouflage coating” means a coating used, principally by the military, to conceal equipment from detection. 
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(5) “Electric-insulating and thermal-conducting coating” means a coating that displays an electrical insulation of at least one 

thousand (1,000) volts DC per mil on a flat test plate and an average thermal conductivity of at least twenty-seven hundredths 

British thermal units (0.27 Btu) per hour-foot-degree-Fahrenheit. 

(6) “Electric-insulating varnish” means a non-convertible-type coating applied to electric motors, components of electric 

motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance. 

(7) “Etching filler” means a coating that contains less than 23 percent solids by weight and at least 1/2-percent acid by 

weight and is used instead of applying a pretreatment coating followed by a primer. 

(8) “Extreme high gloss coating” means any coating which achieves at least 95 percent reflectance on a 60o meter when 

tested by ASTM Method D 523-89.

(9) “Extreme performance coating” means a coating used on a metal surface where the coated surface is, in its intended use, 

subject to the following: 

(a) Chronic exposure to corrosive, caustic or acidic agents, chemicals, chemical fumes, chemical mixtures or solution; 

(b) Repeated exposure to temperatures in excess of 250°F; 

(c) A temperature of at least 400°F during normal use; or 

(d) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers 

or scouring agents. 

(10) “Heat-resistant coating” means a coating that must withstand a temperature of at least 400°F during normal use. 

(11) “High performance architectural coating” means a coating used to protect architectural subsections and which meets 

the requirements of the American Architectural Manufacturer’s Association publication number AAMA 2604-05 (Voluntary 

Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions 

and Panels) or 2605-05 (Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing 

Organic Coatings on Aluminum Extrusions and Panels). 

(12) “High temperature coating” means a coating that is certified to withstand a temperature of 1000°F for 24 hours. 

(13) “Magnetic data storage disk coating” means a coating used on a metal disk which stores data magnetically. 

(14) "Metal furniture coating" means coating the surface of any furniture made of metal or any metal part which will be 

assembled with other metal, wood, fabric, plastic, or glass parts to form a furniture piece. 

(15) Metal Parts and Products Coating. 

(a) "Metal parts and products coating" means coating the surface of any metal part or product which will be assembled with 

other metal, wood, fabric, plastic, or glass parts. 

(b) “Metal parts and products coating” does not include metal furniture coatings. 

(16) “Metallic coating” means a coating which contains more than 5 grams of metal particles per liter of coating, as applied. 

(17) “Military specification coating” means a coating which has a formulation approved by a United States Military Agency 

for use on military equipment. 

(18) “Mold-seal coating” means the initial coating applied to a new mold or a repaired mold to provide a smooth surface 

and prevent products from sticking to the mold. 

(19) “Multi–component coating” means a coating requiring the addition of a separate reactive resin, commonly known as a 

catalyst or hardener, before application to form an acceptable dry film. 

(20) “One-component coating” means a coating that is ready for application as it comes out of its container to form an 

acceptable dry film, except for the addition of a thinner to reduce the viscosity. 

(21) “Pan-backing coating” means a coating applied to the surface of pots, pans, or other cooking implements that are 

exposed directly to a flame or other heating elements. 

(22) “Prefabricated architectural component coating” means coatings applied to metal parts and products which are to be 

used as an architectural structure. 
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(23) “Pretreatment coating” means a coating which: 

(a) Contains no more than 12 percent solids, by weight; 

(b) Contains at least 1/2-percent acid, by weight; 

(c) Is used to provide surface etching; and 

(d) Is applied directly to metal surfaces to provide corrosion resistance, adhesion of subsequent coatings, and ease of 

stripping. 

(24) “Repair coating” means a coating used to re-coat portions of a previously coated product which has sustained 

mechanical damage to the coating following normal coating operations. 

(25) “Robotic application of heavy-duty engine coatings” means coatings applied to heavy-duty engines by a robotic spray 

system within a closed paint enclosure at a facility manufacturing heavy-duty engines. 

(26) “Safety-indicating coating” means a coating which changes physical characteristics, such as color, to indicate unsafe 

conditions. 

(27) “Silicone release coating” means any coating which contains silicone resin and is intended to prevent food from 

sticking to metal surfaces such as baking pans. 

(28) “Solar–absorbent coating” means a coating which has as its prime purpose the absorption of solar radiation. 

(29) “Stencil coating” means an ink or a coating which is rolled or brushed onto a template or stamp in order to add 

identifying letters and/or numbers to metal parts and products. 

(30) “Touch-up coating” means a coating used to cover minor coating imperfections appearing after the main coating 

operation. 

(31) “Vacuum-metalizing coating” means the undercoat applied to the substrate on which the metal is deposited or the 

overcoat applied directly to the metal film with the help of metalizing/physical vapor deposition (PVD) process whereby metal is 

vaporized and deposited on a substrate in a vacuum chamber. 

B. Incorporation by Reference. In this regulation, the following documents are incorporated by reference: 

(1) AAMA 2604-05 Voluntary Specification, Performance Requirements and Test Procedures for High Performance 

Organic Coatings on Aluminum Extrusions and Panels; and 

 (2) AAMA 2605-05 Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing 

Organic Coatings on Aluminum Extrusions and Panels. 

C. Applicability and Exemptions. 

(1) This regulation applies to a person who owns or operates: 

(a) A metal furniture coating installation; or 

(b) A metal parts and products coating operation at a premises where the total VOC emissions from all metal parts and 

products surface coating operations (including emissions from related cleaning activities), exceed 15 pounds (6.8 kilograms) per 

day. 

(2) This regulation does not apply to: 

(a) Automotive and light duty truck coating subject to COMAR 26.11.19.03; 

(b) Can coating subject to COMAR 26.11.19.04; 

(c) Coil coating subject to COMAR 26.11.19.05; 

(d) Large appliance coating subject to COMAR 26.11.19.06; 

(e) Paper, Fabric, Film, and Foil coating subject to COMAR 26.11.19.07; 

(f) Plastic Parts and Business Machines coatings subject to COMAR 26.11.19.07-2;

(g) Cold and Vapor Degreasing subject to COMAR 26.11.19.09; 

(h) Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing subject to COMAR 26.11.19.09-1;
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(i) Drum and pail coating subject to COMAR 26.11.19.13; 

(j) Aerospace coating subject to COMAR 26.11.19.13-1;

(k) Brake shoe coating subject to COMAR 26.11.19.13-2;

(l) Structural steel coating subject to COMAR 26.11.19.13-3;

(m) Refinishing of motor vehicles subject to COMAR 26.11.19.23; 

(n) Marine vessel coating subject to COMAR 26.11.19.27; and 

(o) Pleasure craft coating subject to COMAR 26.11.19.27-1.

(3) This regulation does not apply to repair or touch-up coatings when applied using a hand-held, pressurized, non-refillable 

container which expels coatings from the container in a finely divided spray when a valve on the container is depressed. 

(4) The emission standards in §D and application methods of §E of this regulation do not apply to application of the 

following coatings to the surface of any metal part or product which will be assembled with other metal, wood, fabric, plastic, or 

glass parts: 

(a) Stencil coatings; 

(b) Safety-indicating coatings; 

(c) Magnetic data storage disk coatings; and 

(d) Electric-insulating and thermal-conducting coatings. 

(5) The emission standards in §D and application methods of §E of this regulation do not apply to plastic extruded onto 

metal to form a coating on any metal part or product which will be assembled with other metal, wood, fabric, plastic, or glass 

parts. 

D. Emission Standards. 

(1) A person subject to this regulation may not exceed the applicable VOC emission standards (expressed in terms of mass 

of VOC per volume of coating excluding water and exempt compounds, as applied) of the following table when applying a metal 

furniture coating: 

Coating Type

Baked Air-Dried

Lbs/gal Kg/l Lbs/gal Kg/l

General, one-component 2.3 0.275 2.3 0.275

General, multi-component 2.3 0.275 2.8 0.340

Extreme performance 3.0 0.360 3.5 0.420

Metallic 3.5 0.420 3.5 0.420 

Pretreatment 3.5 0.420 3.5 0.420

Solar absorbent 3.0 0.360 3.5 0.420

Extreme high gloss 3.0 0.360 2.8 0.340

(2) A person subject to this regulation may not exceed the applicable VOC emission standards (expressed in terms of mass 

of VOC per volume of coating excluding water and exempt compounds, as applied) of the following table when applying a metal 

parts and products coating: 

Coating Type

Baked Air-Dried

Lbs/gal Kg/l Lbs/gal Kg/l

General, one-component 2.3 0.275 2.8 0.340

General, multi-component 2.3 0.275 2.8 0.340

Adhesion promoter 4.0 0.479 4.0 0.479

Prefabricated architectural one component and multi-component 2.3 0.280 3.5 0.420
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Coating Type

Baked Air-Dried

Lbs/gal Kg/l Lbs/gal Kg/l

Military specification 2.3 0.280 2.8 0.340

Extreme high-gloss; extreme performance; heat-resistant; high performance architectural; repair coating; solar 

absorbent; or touch up coating 3.0 0.360 3.5 0.420

Camouflage, electric-insulating varnish; etching filler; high temperature; metallic; mold-seal; pan backing; 

pretreatment; silicone release and vacuum-metalizing 3.5 0.420 2.8 0.420

E. Application Methods. 

(1) Except as provided in §E(2) of this regulation, a person subject to the requirements of this regulation shall use the 

following application methods: 

(a) Electrostatic application; 

(b) HVLP spray; 

(c) Flow coat; 

(d) Roller coat; 

(e) Dip coat including electrodeposition; 

(f) Brush coat; or 

(g) A coating application method capable of achieving a transfer efficiency equivalent to or better than the efficiency 

achieved by HVLP spraying. 

(2) The application requirements of §E(1) of this regulation do not apply to the following coating operations: 

(a) Repair coatings; 

(b) Touch-up coatings; 

(c) Coatings applied to create a textured finish; or 

(d) Robotic application of heavy-duty engine coatings. 

.09 Control of VOC Emissions from Cold and Vapor Degreasing. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) Cold Degreasing. 

(a) "Cold degreasing" means, except as provided in §B(1)(c) of this regulation, the use of degreasing material at ambient 

temperature or any temperatures below the boiling point of the degreasing material to remove grease from metal. 

(b) "Cold degreasing" includes the use of degreasing material that removes grease from metal, but also leaves a residue 

on the metal for anticorrosion or other protective purposes. 

(c) "Cold degreasing" does not include industrial wiping operations, cleaning of electronic assemblies, stripping or 

industrial coating removal systems used to remove propellants, paints, or other previously applied coatings other than grease from 

metal. 

(2) "Degreasing material" means any substance used to remove grease from metal. 

(3) "Grease" includes wax, oil, grease, and other similar substances. 

(4) Halogenated Substance. 

(a) "Halogenated substance" means, except as provided in Regulation §B(4)(b) of this regulation, a substance containing 

chlorine, fluorine, or bromine. 

(b) "Halogenated substance" does not include a substance that contains only trace quantities of chlorine, fluorine, or 

bromine that result from the degreasing of metal. 
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(5) "Vapor degreasing" means the application of heat to vaporize degreasing material in which the resulting vapors are used 

to remove grease from metal. 

(6) "VOC degreasing material" means any degreasing material, including water-based degreasing material, that contains 5 

percent or more VOC. 

C. Applicability. This regulation applies to a person who uses a VOC degreasing material for use in cold or vapor degreasing, 

including cold or vapor degreasing at: 

(1) Service stations; 

(2) Motor vehicle repair shops; 

(3) Automobile dealerships; 

(4) Machine shops; and 

(5) Any other metal refinishing, cleaning, repair, or fabrication facility. 

D. Requirements and Specifications for Cold Degreasing. 

(1) During the time periods specified in §D(2) of this regulation, a person may not use any VOC degreasing material in cold 

degreasing that does not conform to the specifications in §D(2) of this regulation. 

(2) A person may not use any VOC degreasing material that exceeds the following vapor pressure: 

(a) Before May 15, 1996: 2 mm Hg at 20°C (0.038 psia); 

(b) On and after May 15, 1996: 1 mm Hg at 20°C (0.019 psia). 

(3) Good Operating Practices. 

(a) A person subject to this regulation shall implement good operating practices to minimize spills and evaporation of 

VOC degreasing material. 

(b) Good operating practices shall include covers (including water covers), lids, or other methods of minimizing 

evaporative losses, and reducing the time and frequency during which parts are cleaned. 

(c) Good operating practices shall be established in writing, and displayed so they are clearly visible to the operator. 

(d) The written good operating practices shall be maintained at the facility and made available for review by the 

Department upon request. 

(4) A person subject to this regulation may not use a halogenated substance that is a VOC in any cold degreasing. 

E. Requirements for Vapor Degreasing. 

(1) A person may not use VOC degreasing material in vapor degreasing unless the vapor degreasing is equipped with: 

(a) A condenser; or 

(b) An air pollution control device with an overall control efficiency of not less than 90 percent. 

(2) Vapor degreasing shall include separate enclosed chambers that allow draining of the parts being cleaned, capture of the 

vapors, or other procedures or methods to minimize evaporative losses of degreasing material. 

F. Records. A person who is subject to §E(1) of this regulation shall maintain monthly records of the total VOC degreasing 

material used and make the records available to the Department upon request. 

.09-1 Control of VOC Emissions from Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Electrical and Electronic Components. 

(a) "Electrical and electronic components" means components and assemblies of components, wires, windings, stators, 

rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, 

capacitors, and transistors that generate, convert, transmit, or modify electrical energy. 
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(b) "Electrical and electronic components" does not include the cabinets in which electrical and electronic components 

are housed. 

(2) "High precision optic" means an optical element used in an electro-optical device and is designed to sense, detect, or 

transmit light energy, including specific wavelengths of light energy and changes in light energy levels. 

(3) Janitorial Cleaning. 

(a) "Janitorial cleaning" means the cleaning of building or facility components, including but not limited to floors, 

ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of office equipment. 

(b) "Janitorial cleaning" includes graffiti removal. 

(c) "Janitorial cleaning" does not include the cleaning of work areas where manufacturing or repair activity is performed. 

(4) "Numismatic die" means a metal stamping tool engraved with the negative of a design from which the positive image is 

transferred to coin blanks during minting. 

(5) "Pharmaceutical product" means a product that includes any drug, analgesic, decongestant, antihistamine, cough 

suppressant, vitamin, mineral, or herb supplement intended for human or animal consumption and used to cure, mitigate, or treat 

disease, or improve or enhance health. 

(6) Industrial Solvent Cleaning Operation. 

(a) "Industrial solvent cleaning operation" means an operation that is performed using a liquid that contains any volatile 

organic compound, or combination of volatile organic compounds, which is used to clean parts, products, tools, machinery, 

equipment, and general work areas. 

(b) "Industrial solvent cleaning operation" does not include: 

(i) The use of a VOC degreasing material for cold degreasing or vapor degreasing subject to Regulation .09 of this 

chapter; 

(ii) Cleaning operations at sources subject to any other VOC regulations in this subtitle; 

(iii) Cleaning of electrical and electronic components; 

(iv) Cleaning of high precision optics; 

(v) Cleaning of numismatic dies; 

(vi) Stripping; 

(vii) Janitorial cleaning; 

(viii) Cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment; 

(ix) Cleaning operations in research and development laboratories; 

(x) Cleaning operations in medical device or pharmaceutical manufacturing; and 

(xi) Cleaning operations related to performance or quality assurance testing of coatings, inks, or adhesives. 

(7) Stripping. 

(a) "Stripping" means the removal of cured coatings, inks, adhesives, maskants, or other previously applied coatings. 

(b) "Stripping" does not include the removal of grease from metal. 

B. Applicability. This regulation applies to a person who owns or operates an industrial solvent cleaning operation where the 

total VOC emissions from the industrial solvent cleaning operation at a premises are 15 pounds or more per day (6.8 kg/day), 

before consideration of controls. 

C. Requirements for Industrial Cleaning Operations. A person may not use any cleaning material in an industrial solvent 

cleaning operation unless the vapor pressure of the cleaning solution is less than or equal to 8 mm Hg at 20°C (` 0.152 psia). 

D. Records. A person using cleaning material in an industrial solvent cleaning operation shall maintain monthly records of the 

total solvent material used and make the records available to the Department upon request. 
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E. Compliance Procedures and Test Methods. The composite vapor pressure of solvent cleaning material shall be determined 

in accordance with the requirements under Regulation .02C of this chapter. 

.10 Flexographic and Rotogravure Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Flexography" means to use an elastomeric cylinder or an elastomeric surface of revolution with raised areas to transfer 

ink as a method of printing. 

(2) "Packaging rotogravure" means to use a cylinder or other surface of revolution with contoured recesses on the surface to 

transfer ink as a method of printing on a substrate that subsequent operations turn into a container or into labels for objects. 

(3) "Publication rotogravure" means to use a cylinder or other surface of revolution with contoured recesses on the surface 

to transfer ink as a method of printing on a substrate that subsequent operations turn into books, magazines, newsletters, and 

similar products. 

B. Applicability and Exemptions. 

(1) A person subject to this regulation who applies a clear protective coating over the printed matter shall include emissions 

from the clear coating when determining compliance with the requirements of this regulation. 

(2) The provisions of this regulation do not apply to printing on fabric, metal, plastic, or to flexible package printing subject 

to COMAR 26.11.19.10-1.

C. Requirements for Sheet-Fed or Web-Fed Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing. A 

person who owns or operates a printing press that uses flexographic, packaging rotogravure, or publication rotogravure methods 

and is a major stationary source as defined in Regulation .01B(4) of this chapter, shall: 

(1) Reduce emissions by using water-based inks that contain less than 25 percent VOC by volume of the volatile portion of 

the ink, or high solids inks that contain not less than 60 percent by weight nonvolatiles; or 

(2) If compliance with the requirements of §C(1) of this regulation cannot be achieved, reduce the VOC content of each ink, 

or reduce the average VOC content of inks used at each press, as follows: 

(a) 60 percent reduction for flexographic presses; 

(b) 65 percent reduction for packaging rotogravure presses; and 

(c) 75 percent reduction for publication rotogravure presses. 

.10-1 Flexible Packaging Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Flexible Packaging. 

(a) "Flexible packaging" means any package or part of a package the shape of which can be readily changed, including 

but not limited to: 

(i) Bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or 

any combination of these materials; and 

(ii) Shrink-wrap labels or wrappers printed on a printing press or in-line with a flexible package printing, coating, and 

laminating operation. 

(b) "Flexible packaging" does not include self-adhesive labels, folding cartons, gift wraps, wall coverings, vinyl products, 

decorative laminates, floor coverings, and tissue products. 

(2) "Flexible packaging coatings" means inks, coatings, and adhesives applied to flexible packaging using a flexible 

package printing installation. 

(3) "Flexible packaging printing" means to use a flexographic or rotogravure press to print on flexible packaging. 

(4) "Flexible packaging printing line" means a flexographic or rotogravure press and all equipment associated therewith to 

print on flexible packaging. 
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B. Applicability. A person who owns or operates a flexible packaging printing line is exempt from §D of this regulation if a 

permit issued by the Department limits the potential to emit VOC emissions from the flexible packaging printing line to less than 

25 tons per year. 

C. Emission Standards and Requirements for Major Stationary Sources that Perform Flexible Packaging Printing. A person 

who owns or operates a printing press that uses flexographic, packaging rotogravure, or publication rotogravure methods for 

flexible packaging printing and is a major stationary source as defined in Regulation .01B(4) of this chapter, shall: 

(1) Reduce emissions by using water-based inks that contain less than 25 percent VOC by volume of the volatile portion of 

the ink, or high solids inks that contain not less than 60 percent nonvolatiles; or 

(2) If compliance with the requirements of §C(1) of this regulation cannot be achieved, reduce the VOC content of each ink, 

or reduce the average VOC content of inks used at each press, as follows: 

(a) 60 percent reduction for flexographic presses; 

(b) 65 percent reduction for packaging rotogravure presses; and 

(c) 75 percent reduction for publication rotogravure presses. 

D. Additional Emission Standards and Requirements. A person who owns or operates a flexible packaging printing line with 

the potential to emit VOC of 25 tons or more per year shall comply with the additional emissions standards of this section by: 

(1) Limiting the VOC content of each flexible packaging coating or limiting the average VOC content of flexible packaging 

coatings of the line to not more than: 

(a) 0.8 lb VOC/lb or kg VOC/kg solids applied; or 

(b) 0.16 lb VOC/lb or kg VOC/kg materials applied; or 

(2) Venting the dryer exhaust of the line through a control device that is constructed, operated, and maintained to achieve an 

overall control efficiency of: 

Overall Control for Efficiency of Flexible 

Packaging Printing Line (%)

Flexible Packaging Printing Line First Installation 

Date (For Each Line)

Air Pollution Control Device First 

Installation Date

(1) 65 Prior to March 14, 1995 Prior to July 1, 2009 

(2) 70 Prior to March 14, 1995 On or After July 1, 2009 

(3) 75 On or After March 14, 1995 Prior to July 1, 2009 

(4) 80 On or After March 14, 1995 On or After July 1, 2009 

.11 Lithographic and Letterpress Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Alcohol" means an organic compound in which a hydroxyl group is bound to a carbon atom of an alkyl or substituted 

alkyl group and having the general formula CnH(2n+1)OH. 

(2) "Alcohol substitute" means a material used in a fountain solution in place of alcohol. 

(3) "Cleaning solution" means a mixture of water, chemicals, and/or additives used for cleaning blanket, roller, plate, 

metering roller, impression cylinder, rubber rejuvenators, press, press parts, or to remove dried ink from areas around a press. 

(4) "Fountain solution" means a mixture of water, chemicals, and additives which reduces the surface tension of the water 

and wets the non-image areas so that the ink is maintained within the image areas. 

(5) “Heatset" means any operation in which heat is required to evaporate ink oils from the printing ink, excluding ultraviolet 

(UV) and electron beam curing. 

(6) "Letterpress printing" means printing using raised image transfer elements fixed upon a metal backing. 

(7) "Lithographic printing" means printing by the transfer of patterns or images from a material processed to selectively 

absorb ink and water. 

(8) "Sheet-fed printing" means a printing operation in which individual sheets of substrate are fed to the press sequentially. 

(9) "Web printing" means a continuous printing operation in which a roll of paper is used as the printing substrate. 
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B. Exemptions. 

(1) Printing on fabric, metal, or plastic is exempt from this regulation. 

(2) Heatset presses used for book printing and heatset presses with a maximum web width of 22 inches are exempt from §E 

of this regulation. 

(3) VOC emissions from materials used to clean printing equipment are excluded when determining the applicability of §D 

of this regulation. 

C. Requirements for Sheet-Fed Lithographic Printing Press. A person may not operate a sheet-fed lithographic printing press 

with a cylinder width of 18 inches or greater or with a sheet size greater than 11 inches by 17 inches where the fountain solution 

contains alcohol unless: 

(1) The fountain solution is refrigerated to maintain a temperature of less than 55oF; 

(2) A temperature indicator is used to monitor the fountain solution temperature; and 

(3) The fountain solution contains less than 8.5 percent alcohol by weight. 

D. Requirements for Lithographic Web Printing. 

(1) A person who owns or operates a non-heatset lithographic web printing press shall use a fountain solution which: 

(a) Is limited to no more than 5 percent VOC content by weight as applied; and 

(b) Does not contain alcohol. 

(2) A person who owns or operates a heatset lithographic web printing press located at a premises from which the actual 

VOC emissions from all lithographic web printing presses are less than 100 pounds per day shall use a fountain solution which: 

(a) Is limited to no more than 5 percent VOC content by weight as applied; and 

(b) Does not contain alcohol. 

(3) A person who owns or operates a heatset lithographic web printing press located at a premises from which the actual 

VOC emissions from all lithographic web printing presses are 100 pounds or more per day shall: 

(a) Use a fountain solution that meets the requirements of §D(2)(a) and (b) of this regulation; and 

(b) Operate the press only if the dryer exhaust is ducted to an air pollution control device (APCD) that is constructed, 

operated, and maintained to achieve an overall VOC control efficiency of 90 percent or more. 

E. Requirements for Heatset Lithographic Presses and Heatset Letterpresses with a Potential to Emit 25 Tons or More per 

Year. A person who owns or operates a heatset lithographic press or heatset letterpress with a potential to emit VOC of 25 tons or 

more per year prior to controls shall operate the press only if the dryer associated with the press is: 

(1) Constructed, operated, and maintained at a negative pressure relative to the press room; and 

(2) Ducted to an APCD that has: 

(a) An outlet VOC concentration of 20 parts per million by volume (expressed as hexane on a dry basis) or less; or 

(b) An overall VOC control efficiency of: 

(i) 90 percent or more if the APCD was installed before January 1, 2012; or 

(ii) 95 percent or more if the APCD was installed on or after January 1, 2012. 

F. Requirements for Cleaning Materials. 

(1) A person who owns or operates a lithographic press or letterpress shall comply with this section. 

(2) A person subject to this regulation may use up to a total of 110 gallons per calendar year of cleaning solutions at a 

premises without regard to VOC content. 

(3) A person subject to this regulation that uses any cleaning solution at a premises excluding the 110 gallons per calendar 

year specified in §F(2) shall ensure that the additional cleaning solution: 

(a) Has a composite vapor pressure of less than 10 mm of mercury at 68o F (20oC); or 
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(b) Contains less than 70 percent VOC by weight. 

G. Control Device Testing. 

(1) A control device shall be tested in accordance with the requirements of COMAR 26.11.19.02; and 

(2) The negative dryer pressure and 100 percent emissions capture efficiency may be demonstrated using an air flow 

direction indicator, such as a smoke stick, aluminum ribbons, or differential pressure gauge. 

H. Record keeping. A person subject to this regulation shall maintain records on site including the following information: 

(1) The fountain solution formulations; 

(2) The VOC content, in percent VOC by weight, of the fountain solutions; 

(3) The temperature of the press fountain solutions for lithographic printing presses using alcohol in the fountain solution; 

and 

(4) The quantity of cleaning solutions used and their vapor pressure or percentage VOC concentration by weight. 

.12 Dry Cleaning Installations. 

A. Definitions. 

(1) "Dry cleaning installation" means an installation engaged in the cleaning of fabrics by means of one or more washes in 

VOC, extraction of excess VOC by spinning, and drying by tumbling in an airstream. The installation includes all washers, 

dryers, filter and purification systems, waste disposal systems, holding tanks, pumps, and attendant plumbing located at a single 

premises. 

(2) "Petroleum solvent" means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 

12 carbon atoms per organic molecule that exists as a liquid under standard conditions. 

B. Applicability and Exemptions. 

(1) An existing petroleum solvent dry cleaning installation or a petroleum solvent dry cleaning installation that receives a 

permit to construct from the Department before January 1, 1989, is exempt from the requirements of §C(1) of this regulation if the 

total petroleum solvent consumed in each calendar year is less than 6,000 gallons (22,712 liters). 

(2) A person who is exempt from the requirements of §C(1) of this regulation in accordance with the conditions in §B(1) of 

this regulation is subject to §C(2) of this regulation. 

C. Equipment Specifications and Emission Standards--Petroleum Solvent Dry Cleaning Installations. 

(1) A person may not construct or operate a petroleum solvent dry cleaning installation after January 1, 1989, unless the 

installation shows compliance by demonstrating that VOC emissions are not greater than 3.5 kilograms per 100 kilograms dry 

weight of clothing or is equipped with a recovery dryer that is capable of reducing VOC emissions by 90 percent by weight. 

(2) A person who owns or operates a petroleum solvent dry cleaning installation that consumes less than 6,000 gallons 

(22,712 liters) in a calendar year shall submit semiannual reports on forms provided by the Department on or before the 30th of 

January and July of each year starting with July 30, 1990. Each report shall indicate the gallons of petroleum solvent purchased 

during the 6-month period. The report shall also include the gallons of petroleum solvent in inventory at the beginning and end of 

each 6-month period. 

(3) A person who owns or operates a petroleum solvent dry cleaning installation subject to this regulation shall: 

(a) Immediately repair all components found to be leaking liquid or vaporous solvent. If new parts are required, order the 

parts within 3 working days of the discovery of a leak, and repair the leak within 3 working days of the arrival of the needed part 

or parts. 

(b) Treat all diatomaceous earth filters so that the filter muck contains not more than 67 percent of VOC by weight. 

(c) Reduce the VOC content of still bottoms to 35 percent or less by weight. 

(d) Drain all filtration cartridges in the filter housing for at least 12 hours before discarding the cartridges. 

D. Determination of Compliance—Petroleum Solvent Dry Cleaning Installations. 
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(1) A petroleum solvent recovery dryer shall be operated in a manner such that the dryer remains closed and the recovery 

phase continues until a final recovered solvent flow rate of 50 milliliters or less per minute is attained. To make this 

determination, a one-time test shall be conducted for a duration of not less than 2 weeks during which not less than 50 percent of 

the dryer loads shall be monitored for their final recovered solvent flow rate. The suggested point for measuring the flow rate of 

recovered solvent is from the solvent-water separator. Near the end of the recovery cycle, the flow of recovered solvent should be 

diverted to a graduated cylinder. The cycle should continue until the maximum flow of solvent is 50 milliliters per minute. The 

type of articles cleaned and the total length of the cycle shall then be recorded. Based on the type of articles cleaned and the 

results of the test, the drying time shall be maintained at a cycle which produces compliance with the 50 milliliter per minute 

standard. 

(2) Compliance with the requirements of §C(3)(a) of this regulation shall be determined by means of weekly visual 

inspection documented through record keeping for the following components: 

(a) Hose connections, unions, couplings, and valves; 

(b) Machine door gaskets and seatings; 

(c) Filter head gaskets and seatings; 

(d) Pumps; 

(e) Base tanks and storage containers; 

(f) Water separators; 

(g) Filter sludge recovery; 

(h) Distillation unit; 

(i) Diverter valves; 

(j) Saturated lint from lint basket; and 

(k) Cartridge filters. 

(3) Compliance with the requirements of §C(3)(b) and (c) of this regulation shall be determined using Method 1002 of the 

Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary Sources" (January 

1991), which is incorporated by reference in COMAR 26.11.01.04C. The number of filter cartridges and total mass of filter muck 

in those cartridges when they are discarded shall be recorded. 

(4) Compliance with the requirements of §C(1) of this regulation shall be determined by calculating, recording, and 

reporting the weight of volatile organic compounds vented from the dryer emission control device calculated using Method 25A 

of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

.13 Drum and Pail Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) “Drum” means any cylindrical metal container with a capacity of greater than 12 gallons and up to 110 gallons (45 to 

416 liters). 

(2) “Pail” means any cylindrical metal container of 5 to 12 gallons (19 to 45 liters) capacity and constructed of 29 gauge or 

heavier material. 

(3) “Reconditioned Drums or Pails” means any metal drum or pail which is reused, recycled or remanufactured. 

B. Applicability and Exemptions. 

(1) This regulation applies to any drum or pail coating operations at a premises where the total VOC emissions exceed 15 

pounds (6.8 kilograms) per day. 

(2) This regulation does not apply to coatings applied using a hand-held, pressurized, non-refillable container which expels 

coatings from the container in a finely divided spray when a valve on the container is depressed: 
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(a) To recoat portions of a previously coated product which has sustained mechanical damage to the coating following 

normal painting operation; or 

(b) To cover minor coating imperfections appearing after the main coating operation. 

C. Emission Standards. A person subject to this regulation may not exceed the applicable VOC emission standards of the 

following table: 

Coating Types

Pounds Per Gallon

of Coating Applied

(Minus Water)

Kilograms Per Liter

of Coating Applied

(Minus Water)

Drum or Pail Coating, New, Exterior 2.8 0.34

Drum or Pail Coating, New, Interior 3.5 0.42

Drum or Pail Coating, Reconditioned, Exterior 3.5 0.42

Drum or Pail Coating, Reconditioned, Interior 4.2 0.50

D. Application Methods. 

(1) Except as provided in §D(2), a person subject to the requirements of this regulation shall use the following application 

methods: 

(a) Electrostatic application; 

(b) HVLP spray; 

(c) Flow coat; 

(d) Roller coat; 

(e) Dip coat including electrodeposition; 

(f) Brush coat; or 

(g) A coating application method capable of achieving a transfer efficiency equivalent or better than that achieved by 

HVLP spraying. 

(2) The application requirements of §D(1) do not apply to the following drum or pail coating operations: 

(a) Coatings applied in order to recoat portions of a previously coated product which has sustained mechanical damage to 

the coating following normal painting operation; or 

(b) Coatings applied in order to cover minor coating imperfections appearing after the main coating operation. 

.13-1 Aerospace Coating Operations. 

A. Applicability and Exemptions. 

(1) This regulation applies to an aerospace coating operation at a premises where the total actual VOC emissions from all 

aerospace coating operations is 20 pounds or more per day. 

(2) The standards in §C(2) of this regulation do not apply to tooling and touch up and repair operations. 

(3) A person subject to the standards in §C(2) of this regulation may comply with those standards by using an air pollution 

control device (see Regulation .02B(2)(b) of this chapter). 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Ablative coating" means a coating that chars when exposed to open flame or extreme temperatures, as would occur 

during the failure of an engine casing or during aerodynamic heating, and serves as an insulative barrier, protecting adjacent 

components from the heat or open flame. 

(2) "Adhesion promoter" means a thin coating applied to a substrate to: 

(a) Promote wetting; and 

(b) Form a chemical bond with the subsequently applied material. 
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(3) Adhesive Bonding Primer. 

(a) "Adhesive bonding primer" means a primer applied in a thin film to aerospace components for the purpose of 

corrosion inhibition and increased adhesive bond strength by attachment. 

(b) "Adhesive bonding primers" include the following categories: 

(i) Primers with a design cure at 250°F or below; and 

(ii) Primers with a design cure above 250°F. 

(4) Aerospace Vehicle or Component. 

(a) "Aerospace vehicle or component" means any fabricated part, processed part, assembly of parts, or completed unit of 

any aircraft. 

(b) "Aerospace vehicle or component" includes: 

(i) Airplanes; 

(ii) Helicopters; 

(iii) Missiles; 

(iv) Rockets; and 

(v) Space vehicles. 

(c) "Aerospace vehicle or component" does not include electronic components. 

(5) "Antichafe coating" means a coating applied to areas of moving aerospace components that may rub during normal 

operations or installation. 

(6) Bearing Coating. 

(a) "Bearing coating" means a coating applied to an antifriction bearing, a bearing housing, or the area adjacent to a 

bearing in order to facilitate bearing function or to protect base material from excessive wear. 

(b) "Bearing coating" does not include a dry lubricative material or a solid film lubricant. 

(7) "Bonding maskant" means a temporary coating used to protect selected areas of aerospace parts from strong acid or 

alkaline solutions during processing for bonding. 

(8) Caulking and Smoothing Compounds. 

(a) "Caulking and smoothing compounds" means semi-solid materials which are: 

(i) Applied by hand application methods; and 

(ii) Used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses. 

(b) "Caulking and smoothing compounds" does not include compounds that can be classified as sealants. 

(9) "Chemical agent-resistant coating (CARC)" means an exterior topcoat designed to withstand exposure to chemical 

warfare agents or the decontaminants used on these agents. 

(10) Chemical Milling Maskant. 

(a) "Chemical milling maskant" means a coating that is applied directly to aluminum components to protect surface areas 

when chemically milling the component with a Type II etchant. 

(b) "Chemical milling maskant" does not include: 

(i) Maskants used with Type I etchants, bonding maskants, line sealers, and critical use and seal coat maskants; or 

(ii) Maskants that must be used on an individual part or subassembly with a combination of Type II etchants and any 

of the types of maskants listed in §B(10)(b)(i) of this regulation. 

(11) "Clear coating" means a transparent coating usually applied over a colored opaque coating, metallic substrate, or 

placard to give improved gloss and protection to the color coat. 
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(12) "Commercial exterior aerodynamic structure primer" means a primer used on aerodynamic components and structures 

that protrude from the fuselage, such as wings and attached components, control surfaces, horizontal stabilizers, vertical fins, 

wing-to-body fairings, antennae, and landing gear and doors, for the purpose of extended corrosion protection and enhanced 

adhesion. 

(13) "Commercial interior adhesive" means materials used in the bonding of passenger cabin interior components that meet 

the Federal Aviation Administration (FAA) fireworthiness requirements. 

(14) Compatible Substrate Primer. 

(a) "Compatible substrate primer" means a compatible epoxy primer that is: 

(i) Compatible with the filled elastomeric coating and is epoxy based; and 

(ii) An epoxy polyamide primer used to promote adhesion of elastomeric coatings such as impact-resistant coatings. 

(b) "Compatible substrate primer" means an adhesive primer coating that inhibits corrosion and serves as a primer 

applied to: 

(i) Bare metal surfaces or before adhesive application; or 

(ii) Surfaces that can be expected to contain fuel. 

(c) "Compatible substrate primer" does not include fuel tank coatings. 

(15) Corrosion Prevention System. 

(a) "Corrosion prevention system" means a coating system that provides corrosion protection by displacing water and 

penetrating mating surfaces, forming a protective barrier between the metal surface and moisture. 

(b) "Corrosion prevention system" does not include coatings containing oils or waxes. 

(16) Critical Use and Line Sealer Maskant. 

(a) "Critical use and line sealer maskant" means a temporary coating, not covered under other maskant categories, used to 

protect selected areas of aerospace parts from strong acid or alkaline solutions such as those used in anodizing, plating, chemical 

milling and processing of magnesium, titanium, or high-strength steel, high-precision aluminum chemical milling of deep cuts, 

and aluminum chemical milling of complex shapes. 

(b) "Critical use and line sealer maskant" includes materials used for repairs or to bridge gaps left by scribing operations 

(that is, line sealer). 

(17) "Cryogenic flexible primer" means a primer designed to provide corrosion resistance, flexibility, and adhesion of 

subsequent coating systems when exposed to loads up to and surpassing the yield point of the substrate at cryogenic temperatures 

(-275°F and below). 

(18) "Cryoprotective coating" means a coating that insulates cryogenic or subcooled surfaces to limit propellant boil-off, 

maintain structural integrity of metallic structures during ascent or re-entry, and prevent ice formation. 

(19) Cyanoacrylate Adhesive. 

(a) "Cyanoacrylate adhesive" means a fast-setting, single component adhesive that cures at room temperature. 

(b) "Cyanoacrylate adhesive" is also known as "super glue." 

(20) "Dry lubricative material" means a coating consisting of lauric acid, cetyl alcohol, waxes, or other noncross linked or 

resin-bound materials that act as a dry lubricant. 

(21) Electric or Radiation-Effect Coating. 

(a) "Electric or radiation-effect coating" means a coating or coating system engineered to interact, through absorption or 

reflection, with specific regions of the electromagnetic energy spectrum, such as the ultraviolet, visible, infrared, or microwave 

regions to be used for lightning strike protection, electromagnetic pulse (EMP) protection, and radar avoidance. 

(b) "Electric or radiation-effect coating" does not include coatings that have been designated as "classified" by the 

Department of Defense. 
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(22) "Electrostatic discharge and electromagnetic interference (EMI) coating" means a coating applied to space vehicles, 

missiles, aircraft radomes, and helicopter blades to disperse static energy or reduce electromagnetic interference. 

(23) "Elevated-temperature Skydrol-resistant commercial primer" means a primer applied primarily to commercial aircraft 

(or commercial aircraft adapted for military use) that must withstand immersion in phosphate-ester (PE) hydraulic fluid (Skydrol 

500b or equivalent) at the elevated temperature of 150(F for 1,000 hours. 

(24) "Epoxy polyamide topcoat" means a coating used where harder films are required or in some areas where engraving is 

accomplished in camouflage colors. 

(24-1) "Exterior primer" means the first layer and any subsequent layers of identically formulated coating applied to the 

exterior surface of an aerospace vehicle or component used on the exterior of the aerospace vehicle. 

(25) "Fire-resistant (interior) coating" means: 

(a) For civilian aircraft, fire-resistant interior coatings used on passenger cabin interior parts that are subject to the FAA 

fireworthiness requirements; 

(b) For military aircraft, fire-resistant interior coatings used on parts that are subject to the flammability requirements of 

MIL-STD-1630A and MIL-A-87721; and 

(c) For space applications, coatings used on parts that are subject to the flammability requirements of SE-R-0006 and 

SSP 30233. 

(26) "Flexible primer" means a primer that meets flexibility requirements such as those needed for adhesive bond primed 

fastener heads or on surfaces expected to contain fuel that: 

(a) Provides a compatible, flexible substrate over bonded sheet rubber and rubber-type coatings as well as a flexible 

bridge between the fasteners, skin, and skin-to-skin joints on outer aircraft skins; and 

(b) Allows more topcoat flexibility around fasteners and decreases the chance of the topcoat cracking around the 

fasteners. 

(27) "Flight test coating" means a coating applied to aircraft other than missiles or single-use aircraft before flight testing to 

protect the aircraft from corrosion and to provide required marking during flight test evaluation. 

(28) "Fuel tank adhesive" means an adhesive used to bond components exposed to fuel and are compatible with fuel tank 

coatings. 

(29) "Fuel tank coating" means a coating applied to fuel tank components for the purpose of corrosion or bacterial growth 

inhibition and to assure sealant adhesion in extreme environmental conditions. 

(29-1) "General aviation rework facility" means an aerospace facility with the majority of its revenues resulting from the 

reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components. 

(30) "High temperature coating " means a coating designed to withstand temperatures of more than 350°F. 

(31) "Insulation covering" means material that is applied to foam insulation to protect the insulation from mechanical or 

environmental damage. 

(32) "Intermediate release coating" means a thin coating applied under topcoats to assist in removing the topcoat in 

depainting operations and generally to allow the use of less hazardous depainting methods. 

(33) "Lacquer" means a clear or pigmented coating formulated with a nitrocellulose or synthetic resin to dry by evaporation 

without a chemical reaction that is resoluble in its original solvent. 

(33-1) "Large commercial aircraft" means an aircraft of more than 110,000 pounds maximum certified take-off weight 

manufactured for nonmilitary use. 

(34) "Metalized epoxy coating" means a coating that contains relatively large quantities of metallic pigmentation for 

appearance or added protection. 

(35) "Mold release" means a coating applied to a mold surface to prevent the molded piece from sticking to the mold as it is 

removed. 
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(36) "Nonstructural adhesive" means an adhesive that bonds non-load-bearing aerospace components in noncritical 

applications and is not covered in any other specialty adhesive categories. 

(37) "Optical antireflection coating" means a coating with a low reflectance in the infrared and visible wavelength ranges 

that is used for antireflection on or near optical and laser hardware. 

(38) "Part marking coating" means coatings or inks used to make identifying markings on materials, components, or 

assemblies, and may be either permanent or temporary. 

(39) "Pretreatment coating" means an organic coating that contains at least 0.5 percent acids by weight and is applied 

directly to metal or composite surfaces to provide surface etching, corrosion resistance, adhesion, and ease of stripping. 

(40) Primer. 

(a) "Primer" means the first layer and any subsequent layers of identically formulated coating applied to the surface of an 

aerospace vehicle or component, and typically used for: 

(i) Corrosion protection; 

(ii) Protection from the environment; 

(iii) Functional fluid resistance; and 

(iv) Adhesion of subsequent coatings. 

(b) "Primer" does not include specialty coatings. 

(41) "Rain erosion-resistant coating" means a coating or coating system used to protect the leading edges of parts such as 

flaps, stabilizers, radomes, engine inlet nacelles, and similar parts against erosion caused by rain impact during flight. 

(42) "Rocket motor bonding adhesive" means an adhesive used in rocket motor bonding applications. 

(43) "Rocket motor nozzle coating" means a catalyzed epoxy coating system used in elevated temperature applications on 

rocket motor nozzles. 

(44) "Rubber-based adhesive" means a quick setting contact cement that provides a strong, yet flexible bond between two 

mating surfaces that may be of dissimilar materials. 

(45) "Scale inhibitor" means a coating that is applied to the surface of a part before thermal processing to inhibit the 

formation of scale. 

(46) "Screen print ink" means an ink used in screen printing processes during fabrication of decorative laminates and decals. 

(47) Sealant. 

(a) " Sealant" means a material used to prevent the intrusion of water, fuel, air, or other liquids or solids from certain 

areas of aerospace vehicles or components. 

(b) " Sealant" includes the following categories: 

(i) Extrudable/rollable/brushable sealants; and 

(ii) Sprayable sealants. 

(48) "Seal coat maskant" means an overcoat applied over a maskant to improve abrasion and chemical resistance during 

production operations. 

(49) "Self-priming topcoat" means one or more layers of topcoat that are applied directly to an uncoated aerospace vehicle 

or component for purposes of corrosion prevention, environmental protection, and functional fluid resistance. The coating is not 

subsequently topcoated with any other product formulation. 

(50) "Silicone insulation material" means: 

(a) An insulating material applied to exterior metal surfaces for protection from high temperatures caused by atmospheric 

friction or engine exhaust; and 

(b) Insulating materials that differ from ablative coatings in that they are not "sacrificial." 
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(51) "Solid film lubricant" means a thin coating consisting of a binder system containing as its chief pigment material one 

or more of the following:

(a) Molybdenum; 

(b) Graphite; 

(c) Polytetrafluoroethylene (PTFE); or 

(d) Other solids that act as a dry lubricant between faying (that is, closely or tightly fitting) surfaces. 

(52) "Specialty coating" means a coating that, even though it meets the definition of a primer, topcoat, or self-priming 

topcoat, has additional performance criteria, beyond those of primers, topcoats, and self-priming topcoats for specific 

applications, including: 

(a) Temperature or fire resistance; 

(b) Substrate compatibility; 

(c) Antireflection; 

(d) Temporary protection or marking; 

(e) Sealing; 

(f) Adhesively joining substrates; or 

(g) Enhanced corrosion protection. 

(53) Specialized Function Coating. 

(a) "Specialized function coating" means a coating that fulfills extremely specific engineering requirements that are 

limited in application and are characterized by low volume usage. 

(b) "Specialized function coating" does not include coatings covered in other specialty coating categories. 

(54) "Structural autoclavable adhesive" means an adhesive used to bond load-carrying aerospace components that is cured 

by heat and pressure in an autoclave. 

(55) "Structural nonautoclavable adhesive" means an adhesive cured under ambient conditions that is used to bond loadcarrying aerospace components or other critical functions, such as nonstructural bonding in the proximity of engines. 

(56) Temporary Protective Coating. 

(a) "Temporary protective coating" means a coating applied to provide scratch or corrosion protection during 

manufacturing, storage, or transportation. 

(b) "Temporary protective coating" includes peelable protective coatings and alkaline removable coatings, which are not 

intended to protect against strong acid or alkaline solutions. 

(c) "Temporary protective coating" does not include coatings that provide protection from chemical processing. 

(57) "Thermal control coating" means a coating formulated with specific thermal conductive or radiative properties to 

permit temperature control of the substrate. 

(58) "Tooling operation" means the fabrication and repair of a mold or other form used in production related to aerospace 

vehicle components. 

(59) Topcoat. 

(a) "Topcoat" means a coating that is applied over a primer on an aerospace vehicle or component for appearance, 

identification, camouflage, or protection. 

(b) "Topcoat" does not include coatings that are defined as specialty coatings. 

(60) Touch-Up and Repair Operation. 

(a) "Touch-up and repair operation" means that portion of the coating operation that is the incidental application of 

coatings used to cover minor imperfections in the coating finish or to achieve complete coverage. 
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(b) "Touch-up and repair operation" includes out-of-sequence or out-of-cycle coating. 

(61) "Wet fastener installation coating" means a primer or sealant applied by dipping, brushing, or daubing to fasteners that 

are installed before the coating is cured. 

(62) "Wing coating" means a corrosion-resistant topcoat that is resilient enough to withstand the flexing of the wings. 

C. General Requirements for Aerospace Coating Operations. 

(1) Except as provided in §C(3) of this regulation, a person who owns or operates an aerospace coating operation subject to 

this regulation may not cause or permit the discharge of VOC into the atmosphere unless the standards in §C(2) of this regulation 

are met. 

(2) Aerospace Coating Operation Standards. 

(a) Coating Standards at Maximum Allowable VOC in Pounds Per Gallon (Grams Per Liter) of Coating Applied (Minus 

Water) 

Coating Types Pounds/Gallon (Grams/Liter) 

Topcoats 3.5 (420) 

Self-priming topcoat 3.5 (420) 

Primers 2.9 (350) 

Chemical Milling Maskants 1.3 (160) 

Exterior primer for large commercial aircrafts 5.4 (650) 

Primer for general aviation rework facilities 4.5 (540) 

(b) Standards for Specialty Coatings. 

Coating Pounds/Gallon

(Grams/Liter)

Ablative Coating 5.0 (600) 

Adhesion Promoter 7.42 (890) 

Adhesive Bonding Primers: Cured at 250°F or below 7.09 (850) 

Adhesive Bonding Primers: Cured above 250°F 8.59 (1030) 

Antichafe Coating 5.50(660) 

Bearing Coating 5.17 (620) 

Bonding Maskant 10.26 (1,230) 

Caulking and Smoothing Compounds 7.09 (850) 

Chemical Agent-Resistant Coating 4.58 (550) 

Clear Coating 6.00 (720) 

Commercial Exterior Aerodynamic Structure Primer 5.42 (650) 

Commercial Interior Adhesive 6.34 (760) 

Compatible Substrate Primer 6.50 (780) 

Corrosion Prevention Compound 5.92 (710) 

Critical Use and Line Sealer Maskant 8.51 (1,020) 

Cryogenic Flexible Primer 5.38 (645) 

Cryoprotective Coating 5.00 (600) 

Cyanoacrylate Adhesive 8.51 (1,020) 

Dry Lubricative Material 7.34 (880) 

Electric or Radiation-Effect Coating 6.67 (800) 

Electrostatic Discharge and Electromagnetic Interference (EMI) Coating 6.67 (800) 

Elevated-Temperature Skydrol—Resistant Commercial Primer 6.17 (740) 

Epoxy Polyamide Topcoat 5.50 (660) 

Fire-Resistant (interior) Coating 6.67 (800) 

Flexible Primer 5.34 (640) 

Flight-Test Coatings Missile or Single Use Aircraft 3.50 (420) 

Flight-Test Coatings All Other 7.0 (840) 

Fuel Tank Adhesive 5.17 (620) 

Fuel-Tank Coating 6.00 (720) 

High-Temperature Coating 7.09 (850) 
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Coating Types Pounds/Gallon (Grams/Liter) 

Insulation Covering 6.17 (740) 

Intermediate Release Coating 6.25 (750) 

Lacquer 6.9 (830) 

Metallized Epoxy Coating 6.17 (740) 

Mold Release 6.50 (780) 

Nonstructural Adhesive 3.00 (360) 

Optical Antireflective Coating 6.25 (750) 

Part Marking Coating 7.09 (850) 

Pretreatment Coating 6.50 

Rain Erosion-Resistant Coating 7.09 (850) 

Rocket Motor Bonding Adhesive 7.42 (890) 

Rocket Motor Nozzle Coating 5.50 (660) 

Rubber-Based Adhesive 7.09 (850) 

Scale Inhibitor 7.34 (880) 

Screen Print Ink 7.00 (840) 

Sealants: Extrudable/Rollable/Brushable Sealant 2.33 (280) 

Sprayable Sealant 5.0 (600) 

Seal Coat Maskant 10.26 (1,230) 

Silicone Insulation Material 7.09 (850) 

Solid Film Lubricant 7.34 (880) 

Specialized Function Coating 7.42 (890) 

Structural Autoclavable Adhesive 0.50 (60) 

Structural Nonautoclavable Adhesive 7.09 (850) 

Temporary Protective Coating 2.67 (320) 

Thermal Control Coating 6.67 (800) 

Wet fastener installation coating 5.63 (675) 

Wing coating 7.09 (850) 

(3) A person subject to this regulation may exceed the specialty coating standards in §C(2)(b) of this regulation if the total 

VOC emissions from all specialty coatings that exceed the standard in §C(2)(b) of this regulation do not exceed 20 pounds on any 

day. 

(4) A person who owns or operates an aerospace coating operation subject to this regulation shall comply with the primer 

and topcoat applications operations, chemical milling maskant operations, and the test methods and coating averaging procedures 

specified in 40 CFR §§63.745(a)—(e), 63.747(a)—(e), and 63.750 as applicable, which are incorporated by reference. 

(5) Cleanup Requirements. A person who owns or operates an aerospace coating operation shall: 

(a) Store all waste materials containing VOC, including cloth or paper, in closed containers; 

(b) Maintain lids on surface preparation and cleanup materials when not in use; and 

(c) Use enclosed containers or VOC recycling equipment to clean spray gun equipment. 

(6) Record Keeping. 

(a) A person subject to this regulation shall maintain the following records: 

(i) A description and the volume of each coating used; and 

(ii) The total weight and VOC content of each coating used on a monthly basis. 

(b) Records shall be retained for not less than 3 years and be made available to the Department upon request. 

.13-2 Brake Shoe Coating Operations. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 

B. Terms Defined. 
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(1) "Brake caliper rust preventive coating (brake caliper coating)" means a brake shoe coating that is applied to the 

unpainted cast iron brake caliper to provide rust resistance. 

(2) "Brake shoe coating operation" means a process in which coating is applied to a portion of a brake shoe to provide 

bonding between the metal and the lining of the brake shoe. 

C. Applicability. This regulation applies to a person who owns or operates a brake shoe coating operation at a premises where 

the total actual VOC emissions from all brake shoe coating operations is 20 pounds or more per day. 

D. General Coating Requirements. 

(1) A person who owns or operates a brake shoe coating operation subject to this regulation may not cause or permit the 

discharge of VOC into the atmosphere unless the standards in §D(2) of this regulation are met. 

(2) Maximum Allowable VOC Content (as applied minus water). 

Coating Pounds Per Gallon of Coating Applied Kilograms per Liter of Coating Applied 

Brake shoe coating 6.3 0.76 

Brake caliper coating 4.8 0.58 

(3) Application Methods. A person subject to this regulation shall apply coatings by dipping, by spraying with high volume 

low pressure or electrostatic spray systems, or by other comparable high transfer efficiency methods. 

E. Equipment Cleanup. A person who owns or operates a brake shoe coating operation shall: 

(1) Store all waste materials containing VOC, including cloth or paper, in closed containers; and 

(2) Maintain lids or covers on all containers or vessels containing VOC when not in use. 

.13-3 Control of Volatile Organic Compounds from Structural Steel-Coating Operations. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Controlled air spray system" means a method of spraying a coating that has an enhanced transfer efficiency such as a 

high-volume, low-pressure (HVLP) or low-volume, low-pressure (LVLP) spray system that utilizes an air pressure between 0.1 

and 10.0 psig in the spray gun. 

(b) "Dip-coating operation" means a process in which structural steel is coated by dipping into stationary tanks filled with 

liquid coatings. 

(c) "Protective coating" means a primer mixed with mineral spirits or other solvents, that is used in a coating operation 

for corrosion protection. 

(d) "Structural steel-coating operation" means a facility that applies a coating to fabricated steel components such as 

welded steel joists, steel beams, and columns used to assemble buildings and other large structures. 

B. Applicability. This regulation applies to a person who owns or operates a structural steel-coating operation that has a total 

potential to emit VOCs of 25 tons or more per year or actual emissions of 20 pounds or more in any 1 day. 

C. Coating Requirements. 

(1) Except as provided in §C(2) of this regulation, a person who owns or operates a structural steel-coating operation 

subject to this regulation may not use any protective coating that exceeds: 

(a) 3.9 pounds of VOC per gallon, as applied in a dip-coating operation; or 

(b) 3.5 pounds of VOC per gallon, as applied by means other than a dip-coating operation. 

(2) A person subject to this regulation may apply a coating that exceeds the VOC content established in §C(1) of this 

regulation if: 

(a) The VOC content of the coating does not exceed a standard in §C(1) of this regulation by more than 20 percent; and 
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(b) The coatings exceeding a standard in §C(1) of this regulation are used only during the period from November 1 of 

any year through March 31 of the following year. 

(3) Except for dip-coating operations, a person subject to this regulation shall apply coatings under a controlled air spray 

system or other system approved by the Department. 

D. Cleanup Requirements. A person subject to this regulation shall take reasonable precautions to minimize the release of 

VOC into the atmosphere including: 

(1) Minimizing the quantity of VOC used to clean lines or equipment by using detergents, high-pressure water, or low VOC 

cleaning materials; 

(2) Using enclosed containers or VOC recycling equipment to clean spray gun equipment; 

(3) Storing all waste materials containing VOC, including cloth and paper, in closed containers; and 

(4) Maintaining lids on any VOC-bearing materials when not in use. 

.14 Manufacture of Synthesized Pharmaceutical Products. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Production equipment exhaust system" means a device for collecting and directing out of the work area VOC fugitive 

emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from 

excessive VOC exposure. 

(2) "Synthesized pharmaceutical manufacturing" means manufacture of pharmaceutical products by chemical synthesis. 

B. Emission Standards and Equipment Specifications. 

(1) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall control with surface 

condensers, or an equivalent control method approved by the Department, VOC emissions from any reactor, distillation operation, 

crystallizer, centrifuge, or vacuum dryer that has the potential to emit 15 pounds/day or more of VOC. The outlet gas temperature 

of a surface condenser may not exceed: 

(a) Minus 13°F when condensing VOC of vapor pressure greater than 5.8 psia at standard conditions; 

(b) 5°F when condensing VOC of vapor pressure greater than 2.9 psia at standard conditions; 

(c) 32°F when condensing VOC of vapor pressure greater than 1.5 psia at standard conditions; 

(d) 50°F when condensing VOC of vapor pressure greater than 1.0 psia at standard conditions; 

(e) 77°F when condensing VOC of vapor pressure greater than 0.5 psia at standard conditions. 

(2) A person who owns or operates a synthesized pharmaceutical manufacturing facility may not cause or permit the 

discharge to the atmosphere of more than 33 pounds/day of VOC from all air dryer and production equipment exhaust systems 

unless the discharge is reduced by 90 percent overall. 

(3) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall: 

(a) Provide and use a vapor balance system or equivalent control that is at least 90 percent effective in reducing 

emissions from truck or railcar deliveries to any storage tank with a capacity greater than 2,000 gallons that stores VOC with 

vapor pressure greater than 1.5 psia at standard conditions; and 

(b) Install and use pressure- or vacuum-conservation vents set at 0.05 psia (0.35 kilonewton/square meter), or an 

equivalent control method approved by the Department, on each storage tank that stores VOC with vapor pressure greater than 1.5 

psia at standard conditions. 

(4) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall enclose each centrifuge, 

rotary vacuum filter, or other filter having an exposed liquid surface, where the liquid contains VOC and exerts a total VOC vapor 

pressure of 0.5 psia at standard conditions. 

(5) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall install covers on each inprocess tank containing VOC at any time. These covers shall remain closed, except when production, sampling, maintenance, or 

inspection procedures require operator access. 
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(6) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall repair as expeditiously as 

possible all leaks from which a liquid can be seen running or dripping. 

.15 Paint, Resin, and Adhesive Manufacturing and Adhesive Application. 

A. Definitions. 

(1) "Adhesive application" means the application of adhesives to a product and the assembly and curing of that product. 

(2) "Honeycomb core installation" means an operation that applies an adhesive to a metal foil or other substrate which is 

stacked, cured, and either expanded or corrugated to create a cellular matrix structure used in aircraft construction and related 

industries. 

(3) "Resin thin down tank" means a vessel in which VOC is added to reduce the viscosity of resin. 

(3-1) "Sealant" has the meaning stated in COMAR 26.11.35.03B. 

(3-2) "Sealant application" means the application and curing of a sealant. 

(3-3) "Specialty electronic systems and subsystems for defense and homeland security" has the meaning stated in COMAR 

26.11.35.03B. 

(4) "Specialty footwear manufacturing" means the manufacturing of special cold weather shoes or boots in accordance with 

military specifications. 

(5) "Specialty spiral tube winding" means a process that is used to manufacture a plastic spirally wound tube for high 

temperature insulation application in the electric motor manufacturing industry. 

(6) "Spiral tube winding" means a process that is used to manufacture spirally wound plastic tubes that are used to insulate 

electric wire and electronic components. 

(7) "Spiral wound tube impregnating and curing" means a batch-fed process that is used to impregnate spirally wound tubes 

with resin under pressure and cure them at elevated temperatures. 

B. Standards for Paint, Resin, and Adhesive Manufacturing. 

(1) Resin Reactor. A person may not quench a resin with VOC in a resin reactor unless the reactor is equipped with a 

condenser that cools the discharged vapors to a temperature of less than 120°F (49°C). 

(2) Resin Thin Down Tank. A person may not use a resin thin down tank unless the tank is equipped with a condenser that 

cools the discharged vapor to a temperature of less than 120°F. 

(3) Monitoring Requirements. A person subject to §B(1) or (2), of this regulation, shall install and maintain a temperature 

indicator on the vapor discharge line from the condenser. The indicator shall be located so that it is clearly visible to the operator 

of the equipment. 

(4) Paint Manufacturing. A person who manufactures paint may not use any open top vessel or tank to mix paint, disperse 

pigment, or adjust the viscosity or color of a paint unless the vessel or tank opening is covered. 

(5) Adhesives Manufacturing. A person may not use any open top vessel or tank to manufacture an adhesive unless the 

vessel or tank opening is covered. 

(6) The covers required by §B(4) and (5) of this regulation shall be VOC impermeable and may be equipped with an 

opening not larger than necessary for safe clearance of the mixer shaft. A person shall keep the vessel or tank opening covered at 

all times except when operator access is necessary. 

(7) A person who uses a vessel or tank to manufacture paint, resin, or adhesives shall clean the vessel or tank with 

detergent, hot alkali, high pressure water, or use other reasonable precautions approved by the Department that minimize 

emissions of VOC. 

(8) A person who uses a vessel or tank to manufacture paint may not transfer VOC into the tank or vessel unless submerged 

filling or a side diversion method (referred to as cascade filling) that forces the VOC to the sidewalls to prevent splashing is used. 
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C. Standards for Adhesive and Sealant Application. 

(1) Honeycomb Core Installation. A person may not: 

(a) Use an adhesive that contains more than 5.8 pounds of VOC per gallon (0.70 kilogram/liter) of adhesive applied 

(minus water) in any honeycomb core installation that discharges more than 50 pounds per day of VOC; 

(b) Cause or permit the discharge of VOC emissions from any honeycomb core printing or corrugating installation in 

excess of 200 pounds (90.7 kilograms) per day. 

(2) Footwear Manufacturing. 

(a) A person who manufactures specialty footwear may not cause or permit the discharge of VOC into the atmosphere 

unless the average VOC content of all VOC materials used at the premises is 0.5 pound of VOC per pair of boots manufactured, 

or less. 

(b) Compliance with the emissions standard in §C(2)(a) of this regulation shall be determined on the basis of monthly 

material consumption. 

(c) A person subject to the requirements of this subsection shall submit a monthly report to the Department on or before 

the 15th of the following month. Each report shall include the: 

(i) VOC content of each adhesive used at the source; 

(ii) Total daily production of footwear; 

(iii) Total amount of each adhesive used each day; and 

(iv) Total VOC emissions for each day. 

(3) Spiral Tube Winding and Impregnating. A person may not: 

(a) Use an adhesive to manufacture any specialty spiral tube that exceeds 5 pounds of VOC per gallon (0.60 

kilogram/liter) of adhesive as applied, minus water; 

(b) Use an adhesive to manufacture any spiral tube that exceeds 2.9 pounds of VOC per gallon (0.35 kilogram/liter) of 

adhesive as applied, minus water; 

(c) Cause or permit the discharge into the atmosphere of more than 200 pounds (91 kilograms) per day of VOC from any 

specialty spiral tube winding; and 

(d) Use any resin that exceeds 4 pounds of VOC per gallon (0.48 kilogram/liter) of resin as applied, minus water, in any 

spiral wound tube impregnating and curing. 

(4) Specialty Electronic Systems and Subsystems for Defense and Homeland Security. 

(a) A person may not cause or permit the discharge into the atmosphere of more than 25 pounds per day of VOC from the 

application of adhesives or sealants to specialty electronic systems and subsystems for defense and homeland security. 

(b) Compliance with the emissions limitation in §C(4)(a) of this regulation shall be determined each month, by 

calculating the average of the total daily amounts of VOC discharged to the atmosphere from all applications of adhesive and 

sealant to specialty electronic systems and subsystems for defense and homeland security at the premises for the prior month. 

.16 Control of VOC Equipment Leaks. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Component" means equipment which has the potential to leak VOC, including process equipment, storage tanks, 

pumps, compressors, valves, flanges and other pipeline fittings, pressure relief valves, process drains, and open-ended pipes. 

(2) "Leak" means an unintended liquid or vapor release of VOC from a component into the ambient air or into a building. 

B. Applicability. A person subject to any VOC emission standard or limitation established in this chapter and not otherwise 

subject to more specific VOC leak requirements of another regulation is subject to the requirements of this regulation. 

C. General Requirements. A person subject to this regulation shall comply with all of the following requirements: 

(1) Visually inspect all components on the premises for leaks at least once each calendar month. 
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(2) Tag any leak immediately so that the tag is clearly visible. The tag shall be made of a material that will withstand any 

weather or corrosive conditions to which it may be normally exposed. The tag shall bear an identification number, the date the 

leak was discovered, and the name of the person who discovered the leak. The tag shall remain in place until the leak has been 

repaired. 

(3) Take immediate action to repair all observed VOC leaks that can be repaired within 48 hours. 

(4) Repair all other leaking components not later than 15 days after the leak is discovered. If a replacement part is needed, 

the part shall be ordered within 3 days after discovery of the leak, and the leak shall be repaired within 48 hours after receiving 

the part. 

(5) Maintain a supply of components or component parts that are recognized by the source to wear or corrode, or that 

otherwise need to be routinely replaced, such as seals, gaskets, packing, and pipe fittings. 

(6) Maintain a log that includes the name of the person conducting the inspection and the date on which leak inspections are 

made, the findings of the inspection, and a list of leaks by tag identification number. The log shall be made available to the 

Department upon request. Leak records shall be maintained for a period of not less than 2 years from the date of their occurrence. 

D. Exceptions. Components that cannot be repaired as required in this regulation because they are inaccessible, or that cannot 

be repaired during operation of the source, shall be identified in the log and included within the source's maintenance schedule for 

repair during the next source shutdown. 

.17 Control of Volatile Organic Compound (VOC) Emissions from Yeast Manufacturing. 

A. Definitions. 

(1) "Fermentation batch" means a fermentation cycle that normally ranges from 7 to 20 hours duration occurring in a 

fermenter. 

(2) "First generation fermenter" means a vessel in which yeast and nutrients are aerated to produce yeast for a trade 

fermenter. 

(3) "Nutritional yeast" means yeast that becomes: 

(a) An ingredient in dough for bread or any other yeast-raised baked product; or 

(b) A nutritional food additive intended for consumption by humans. 

(4) "Specialty yeast" means yeast that is used in the production of beer, wine, or alcoholic beverages or in the production of 

ethanol. 

(5) "Stock fermenter" means a vessel in which yeast and nutrients are aerated to produce stock yeast. 

(6) "Trade fermenter" means a vessel in which yeast and nutrients are aerated to produce liquid yeast to be processed for 

sale. 

(7) "Yeast manufacturing installation" means a fermentation reactor or vessel used to manufacture yeast. 

B. Applicability, Exemptions, and Compliance Date. 

(1) This regulation applies to a person who owns or operates a yeast manufacturing installation at a premises that has a 

potential to emit from all yeast manufacturing installations on the premises 25 tons or more per year of VOC. 

(2) The production of specialty yeast is limited to less than 1 percent by weight of the total annual yeast production 

excluding specialty yeast batches that meet the emission limits for nutritional yeast in §C(2) of this regulation. 

(3) Compliance with this regulation shall be achieved beginning July 1, 2004. 

C. Requirements for Yeast Manufacturing Installations. 

(1) General Requirements. A person who owns or operates a yeast manufacturing installation subject to this regulation may 

not cause or permit VOC emissions to be discharged into the atmosphere in excess of the concentrations in §C(2) of this 

regulation. 
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(2) VOC Concentration Limits for Nutritional Yeast. 

Type of Fermenter

Maximum Allowable VOC 

Concentration

(a) Trade fermenter 100 ppm

(b) First generation fermenter 150 ppm

(c) Stock fermenter 300 ppm 

(3) Any other yeast manufacturing installation not subject to the requirements of §C(2) of this regulation shall monitor 

temperature, pH, and sugar content of the batch to minimize the formation and emission of VOC. The temperature shall be 

controlled so that it is not less than 75°F and not more than 100°F. The pH shall be controlled so that it is not less than 3.5 and not 

more than 7.5. 

(4) Averaging Time. Compliance with the emission limits in §C(2) of this regulation shall be based on the average 

(arithmetic) undiluted VOC concentration during the time of a fermentation batch. 

D. Determination of Compliance. 

(1) Compliance with §C(2) of this regulation shall be determined with the use of continuous emission monitors. 

(2) The monitors specified in §D(1) of this regulation shall be used to generate fermentation batch average concentrations 

for each installation. 

(3) The standards in §C(2) of this regulation shall be met for at least 98 percent of all nutritional yeast batches in each 

rolling 12-month period beginning July 1, 2004. 

E. Continuous Emission Monitor Calibration Procedures. A person subject to this regulation shall perform daily zero and span 

checks for the continuous emission monitor required in §D(1) of this regulation unless an alternative procedure is approved by the 

Department. 

F. Reporting Requirements. 

(1) Semiannual reports shall be submitted to the Department by the end of the month following each 6-month period 

beginning with the period July 1, 2004 through December 31, 2004. 

(2) The semiannual report shall include: 

(a) A summary of the number of batches for each month and calculations showing the percent of batches that met the 

VOC standards for each month; 

(b) Calculations showing the percent of batches that met the VOC standards during the previous six 12-month rolling 

average periods; and 

(c) Calculations showing the percent of batches, by fermenter, that were not monitored during the 6-month period. 

.18 Control of Volatile Organic Compound Emissions from Screen Printing and Digital Imaging. 

A. In this regulation, the following terms have the meanings indicated: 

(1) "Acid/etch resist ink" means a material or compound applied to portions of a product, usually in a pattern, before 

etching, to protect the covered portions from the action of the chemical solution that removes the surface of the product being 

etched. 

(2) "Anoprint ink" means a dye or compound that is screen printed on unsealed anodized aluminum before the process of 

sealing the anodic coating, thus trapping the dye or compound in the anodic coating. 

(3) "Back-up coating" means a coating applied to the nondecorated side of a plywood sign. 

(4) Clear Coating. 

(a) "Clear coating" means a transparent coating usually applied over a pigmented or colored coat to give improved gloss 

or protection to the colored coat. 
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(b) "Clear coating" does not mean overprint varnish that is used in the cosmetic industry and that is subject to FDA 

formulation requirements. 

(5) "Conductive ink" means an ink for the screen printing of electronic circuits or other conductive patterns that permit 

electric current to flow through the printed line or pattern. 

(5-1) "Digital imaging" means a printer that uses a computer-driven machine to transfer an electronically stored image onto 

the substrate through the use of inks, toners, or other similar color graphic materials. Application methods include ink jet, 

electrostatic, and spray jet technologies. 

(6) "Electroluminescent ink" means a transparent conductive coating, phosphor, opaque conductive, or similar compound 

that is screen printed with the purpose of converting an electrical current directly into light. 

(7) "Exterior illuminated sign" means a plastic sign that can be illuminated for its visibility at night. 

(8) "Haze removal" means the final cleaning stage or process to remove ink residue from a used screen. 

(9) "Ink removal" means removal of excess ink from a used screen. 

(10) "Maximum VOC content" means the maximum content of volatile organic compounds less exempt solvents and water. 

(10-1) "Overprint varnish" means a FDA-regulated coating that is used to prevent lipstick from adhering to the plastic film 

on a sample card sold to retail stores. 

(11) "Plastic card manufacturing installation" means screen printing, lithographic printing, drying ovens, adhesive 

application, and laminating equipment used to produce a credit card or similar plastic card product. 

(12) "Plywood sign coating" means a coating applied to plywood sheeting in the preparation of exterior signs. 

(13) "Screen printing" means a printing method in which ink, clear coating, or adhesive is distributed through a tightly 

stretched fabric to which a refined form of stencil has been applied. The stencil and mesh openings determine the form and 

dimensions of the imprint. 

(14) "Screen printing installation" means equipment including printing application equipment, flash-off areas, and dryers 

used to perform screen printing. 

(15) "Screen reclamation" means removal of stencil or ghost image from a used screen. 

(16) "Specialty inks" means acid/etch resist, anoprint, conductive, and electroluminescent inks. 

(17) "Untreated sign paper" means a paper used in screen printing to prepare a temporary, light-weight sign or poster such 

as grocery store signs that are sensitive to water and water-based inks. 

B. Applicability. 

(1) This regulation applies to a person, owner, or operator who: 

(a) Performs screen printing on substrates other than untreated sign paper and causes VOC emissions from all screen 

printing at the premises of 20 pounds or more per day excluding VOC emissions from printing on untreated sign paper; 

(b) Operates a plastic card manufacturing installation at a premises that causes VOC emissions of 20 pounds or more per 

day from all plastic card manufacturing installations at the premises; 

(c) Coats plywood used for signs at a premises that causes VOC emission of 20 pounds or more per day from all 

plywood sign coating at the premises; 

(d) Performs screen printing on untreated sign paper at a premises that causes VOC emissions of 20 pounds or more per 

day from all printing on untreated sign paper at the premises; or 

(e) Performs digital imaging at a premises that causes VOC emissions of 20 pounds or more per day from all digital 

imaging at the premises. 

(2) Adhesives associated with screen printing operations are subject to the requirements in Regulation .15 of this chapter. 

C. General Requirements for Screen Printing. 
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(1) A person who owns or operates a screen printing installation subject to this regulation may not cause or permit the 

discharge of VOC into the atmosphere, unless the following requirements are met: 

(a) For overprint varnish on any substrate, the maximum VOC content, as applied, may not exceed 6.03 pounds of VOC 

per gallon; 

(b) For screen printing or clear coating on any substrate other than untreated sign paper, the maximum VOC content of 

any ink or clear coating, as applied, may not exceed 3.3 pounds of VOC per gallon (396 grams per liter); 

(c) For screen printing on untreated sign paper, the maximum VOC content of any ink, as applied, may not exceed 5.6 

pounds of VOC per gallon; and 

(d) For screen printing using specialty inks, the maximum VOC content of any ink may not exceed the following: 

Ink Pounds Per Gallon Grams Per Liter 

(i) Acid/etch resist 3.3 396 

(ii) Anoprint 3.1 372 

(iii) Conductive 8.0 960 

(iv) Electroluminescent 8.0 960 

(2) Control of VOC Emissions from Ink and Haze Removal and Screen Reclamation. A person may not cause or permit the 

discharge of VOC into the atmosphere from the use of any ink or haze removal and screen reclamation product unless the VOC 

content of the ink removal or reclamation product is less than or equal to the following: 

Product Pounds Per Gallon Grams Per Liter 

(a) Screen reclamation 1.0 120 

(b) Ink removal 3.3 390 

(c) Haze removal 4.0 480 

(3) Use of Control Devices. A person subject to this regulation is in compliance with the requirements of §C(1) of this 

regulation if the person installs and uses a control device that reduces emissions from the screen printing dryer by not less than 90 

percent overall. 

D. General Requirements for Plywood Sign Coating. A person who owns or operates a plywood sign coating operation subject 

to this regulation may not cause or permit the discharge of VOC into the atmosphere from any plywood sign coating unless the 

VOC content of the coating, as applied, is less than or equal to the following: 

Coating Pounds Per Gallon Grams per Liter 

(1) Back-up 1.0 120 

(2) Prime 1.5 180 

(3) Main 2.5 300 

(4) Clear 3.3 396 

E. General Requirements for Plastic Card Manufacturing Installations. A person who owns or operates a plastic card 

manufacturing installation subject to this regulation shall meet the following: 

(1) The VOC content of any ink as applied may not exceed 4.0 pounds per gallon (479 grams per liter); 

(2) The isopropyl alcohol content of the fountain solution used in any lithographic printing on a plastic card may not exceed 

8.5 percent; and 

(3) If isopropyl alcohol is used in the fountain solution, the fountain solution shall be refrigerated to 55°F or less and shall 

be monitored by a temperature indicator mounted on the tray holding the fountain solution. 
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F. General Requirements for Digital Imaging. A person who owns or operates digital imaging that is subject to this regulation 

may not cause the discharge of VOC emissions into the atmosphere in excess of 100 pounds on any day from all digital printing at 

the premises. 

G. Record Keeping. A person subject to this regulation shall maintain the following records for not less than 3 years, and make 

the records available to the Department upon request: 

(1) The total monthly consumption of inks, coatings, cleanup materials, and any other materials containing VOC used in 

conjunction with screen printing substrates other than untreated sign paper; 

(2) The total monthly consumption of inks, coatings, cleanup materials, and any other materials containing VOC used in 

conjunction with screen printing on untreated sign paper; 

(3) The VOC content of each ink, coating, cleanup material, or any other material containing VOC that is used at the 

premises; and 

(4) For plastic card manufacturing installations, the amount of isopropyl alcohol used each month. 

.19 Control of Volatile Organic Compound (VOC) Emissions from Expandable Polystyrene Operations. 

A. Applicability. Except as required in §E(2) of this regulation, this regulation applies to a person who owns or operates an 

EPO at a premises where the total actual VOC emissions from all EPOs at the premises is 20 pounds or more per day. 

B. Definitions. 

(1) In this regulation, the following terms have the meaning indicated. 

(2) Terms Defined. 

(a) "Blowing agent" means a liquid, gaseous, or solid material that facilitates the formation of a cellular final product 

from polystyrene beads. 

(b) "Cooler" means an EPO product that consists of a leakproof container and a cover that is used primarily for the 

temporary storage of beverages and food products. 

(c) Expandable Polystyrene Operation (EPO). 

(i) "Expandable polystyrene operation" means a process that expands polystyrene beads containing a VOC blowing 

agent in a preexpander and at times molds the expanded beads, with or without scrap material, into a cellular product such as cups 

and containers, protective packaging material, and insulation. 

(ii) "Expandable polystyrene operation" includes, as applicable, expanding the beads, expanded bead aging, and 

molding of expanded beads into a final product. 

(d) "Preexpander" means a part of an EPO that processes polystyrene beads from a high-density state to a lower bulk 

density required to manufacture an end product. 

(e) "Recycled expanded polystyrene" means a polystyrene end product which has served its initially intended use or an 

expanded polystyrene product diverted from the EPO waste material system. 

(f) "Reduced VOC content beads" means unexpanded polystyrene beads that have been reformulated so that the VOC 

content of the beads is less than 7 percent by weight. 

(g) "Specialty product" means an EPO product where the expanded bead is the final product or a cooler. 

C. General Requirements. 

(1) A person who owns or operates an EPO subject to this regulation may not cause or permit the discharge of VOC into the 

atmosphere unless one of the following control measures is implemented: 

(a) A VOC collection and destruction system to control emissions from the preexpander by 85 percent or more overall; or 

(b) A VOC collection system that ducts emissions from the preexpander into the fire box of fuel burning equipment. 

(2) As an alternative to meeting the requirements in §C(1) of this regulation, the following manufacturing requirements may 

be implemented: 
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(a) Manufacturers of block products using reduced VOC content beads that have a bead VOC content greater than 6.5 

percent shall use 10 percent or more recycled expanded polystyrene; 

(b) Manufacturers of block products that cannot use recycled expanded polystyrene shall use beads with a VOC content 

of 6.5 percent or less; 

(c) Manufacturers of shape molded products, including cups, shall use beads with a VOC content of 6 percent or less; and 

(d) Manufacturers of specialty products shall use reduced VOC content beads. 

(3) Compliance with the bead VOC content for each product in §C(2) of this regulation shall be determined as a daily 

average. 

(4) Spills of unexpanded polystyrene beads shall be collected and any spilled material shall be placed in a closed container 

to prevent and suppress emissions. 

D. Testing Requirements. 

(1) If a control device is used, a stack test shall be performed to measure the VOC concentration at the inlet and outlet of the 

control device. 

(2) The initial stack test shall be performed not later than 90 days after the start up of the control device. 

(3) Additional stack tests shall be performed at a frequency of not less than once each 3 years, beginning 3 years after the 

date of the initial test. 

(4) A stack test report shall be submitted to the Department within 60 days of completing each test. 

E. Record Keeping. 

(1) A person who owns or operates an EPO subject to this regulation shall maintain the following records, as applicable, for 

a period of not less than 3 years: 

(a) The daily total weight of beads used; 

(b) The VOC content of the beads; 

(c) The monthly total weight of recycled expanded polystyrene used; and 

(d) The monthly production of each product. 

(2) A person who operates an EPO that is not subject to the requirements in §C of this regulation shall maintain records of 

the total daily and annual weight of beads used and the VOC content of the beads and make these records available to the 

Department upon request. 

.20 Control of Landfill Gas Emissions from Municipal Solid Waste Landfills. 

A. Definitions. The following terms have the meanings indicated. Any other term that is used in this regulation or in a 

referenced portion of the federal requirements and not defined in this regulation is as defined in the Clean Air Act and 40 CFR 

Part 60, Subparts A, B, and WWW. 

B. Terms Defined. 

(1) "Active collection system" means a gas collection system for a municipal solid waste landfill that uses gas mover 

equipment. 

(2) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other 

similar nonmanufacturing activities, excluding residential and industrial wastes. 

(3) "Landfill gas" means the gases generated by a municipal solid waste landfill through the natural process of decomposing 

organic material or through the chemical reaction of other substances in the municipal solid waste. 

(4) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. "Lateral 

expansion" is not a modification unless it results in an increase in the design capacity of the landfill. 

(5) "Municipal solid waste (MSW)" means household waste, commercial waste, and industrial waste as defined in 40 CFR 

§60.751. 
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(6) Municipal Solid Waste Landfill (MSW Landfill). 

(a) "Municipal solid waste landfill (MSW landfill)" means an entire disposal facility in a contiguous geographical space 

where municipal solid waste is placed in or on land, portions of which may be separated by access roads. 

(b) "Municipal solid waste landfill (MSW landfill)" includes landfills that also receive other types of RCRA Subtitle D 

wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial 

solid waste. 

(7) "Non-methane organic compounds (NMOC)" means the total organic compound content of landfill gas, excluding 

methane measured in accordance with the procedures in 40 CFR §60.754. 

C. Applicability and Exemptions. 

(1) Except for the reporting requirements in §D(1) and (2) of this regulation, this regulation applies to a person who owns or 

operates an MSW landfill: 

(a) That has a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW; 

(b) That was constructed before May 30, 1991; 

(c) That received MSW on or after November 8, 1987; and 

(d) For which reconstruction or modification began before May 30, 1991. 

(2) A person who owns or operates an MSW landfill is not subject to this regulation but is subject to the federal New 

Source Performance Standards for MSW landfills at 40 CFR Part 60, Subpart WWW, if the landfill: 

(a) Was constructed or received its initial MSW on or after May 30, 1991; or 

(b) Was reconstructed or modified to increase the design capacity on or after May 30, 1991. 

(3) Physical or operational changes to an existing MSW landfill solely to comply with the requirements of this chapter are 

not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR 

Part 60, Subpart WWW. 

(4) Except as provided in §C(2) of this regulation, a person who owns or operates an MSW landfill that is initially subject to 

this regulation and later receives a permit for reconstruction or modification will become subject to the federal New Source 

Performance Standards for MSW landfills at 40 CFR Part 60, Subpart WWW. 

(5) For the purpose of this chapter, the applicability threshold in this regulation is an MSW landfill that has a design 

capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW. 

D. General Requirements. 

(1) A person who owns or operates an MSW landfill shall prepare and submit a design capacity report to the Department 

not later than November 1, 1997. The report shall contain the following information: 

(a) A map or a plot of the landfill providing the size and the location of the landfill and the area in which MSW is or will 

be landfilled; 

(b) The date the MSW landfill began accepting MSW; 

(c) The date the MSW landfill ceased or is estimated to cease accepting MSW; 

(d) The maximum design capacity of the MSW landfill in tons or cubic yards; and 

(e) The amount of MSW accepted in tons or cubic yards for each operating year. 

(2) Notwithstanding the permit to construct requirements in COMAR 26.11.02, a person who increases the maximum 

design capacity of an existing MSW landfill after November 1, 1997, shall amend and resubmit the design capacity report 

required in §D(1) of this regulation within 90 days of the issuance of any permit that authorizes the increase or any other change 

that increases the maximum design capacity of the landfill. 
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(3) A person who owns or operates an MSW landfill subject to this regulation that has a design capacity equal to or greater 

than 2,750,000 tons and 3,260,000 cubic yards shall: 

(a) Estimate the annual NMOC emission rate calculated using the formula and procedures as described in 40 CFR 

§60.754(a) or (b); and 

(b) Submit an initial NMOC emission rate report to the Department by November 1, 1997. 

(4) The NMOC emission rate report under §D(3) of this regulation shall include all the data, calculations, sample reports, 

and measurements used to estimate the annual emissions. 

(5) A person who owns or operates an MSW landfill that has a design capacity less than 2,750,000 tons or 3,260,000 cubic 

yards, and resubmits the initial design capacity report required in §D(1) of this regulation showing that the design capacity is 

equal to or greater than 2,750,000 tons and 3,260,000 cubic yards, shall submit an NMOC emission rate report by November 1 of 

the year following the year in which the design capacity report was resubmitted. 

(6) Following the initial submittal or resubmittal of an emission rate report, a person subject to this regulation shall prepare 

and submit an updated NMOC emission rate report by November 1 of each year thereafter. A less frequent emission rate report 

may be approved by the Department if: 

(a) Revised emission estimates are submitted at least every 5 years; 

(b) The 5-year emission estimates include the current amount of solid waste in place and the estimated waste acceptance 

rate for each year of the 5 years for which an NMOC emission rate is estimated; 

(c) A revised emissions estimate is submitted if the actual waste acceptance rate exceeds the estimated waste acceptance 

rate in any year reported in the 5-year estimate; and 

(d) The emissions estimates are demonstrated to remain below 55 tons per year for the 5-year period. 

(7) A person who is subject to the NMOC reporting requirements and also to the emissions certification requirements in 

COMAR 26.11.01.05-1, may, upon approval by the Department, submit a combined report. 

(8) If the NMOC emission rate determined in §D(3) or (5) of this regulation is 55 tons or more per year, the MSW landfill 

owner shall comply with §G of this regulation except as follows: 

(a) The owner or operator may elect to recalculate the NMOC emission rate based on a site-specific NMOC 

concentration according to the procedures provided in 40 CFR §60.754(a)(3); 

(b) The revised NMOC emission rate based on the site-specific NMOC concentration shall be submitted to the 

Department by December 31 of the year in which the first NMOC emission rate report was submitted showing that the NMOC 

emission rate exceeded 55 tons per year; 

(c) If the NMOC emission rate based on the site-specific NMOC concentration is less than 55 tons per year, the owner or 

operator shall continue the emission rate reporting using the site-specific NMOC concentration according to the schedule in §D(6) 

of this regulation; 

(d) If the NMOC emission rate based on the site-specific NMOC concentration is 55 tons or more per year, the owner or 

operator shall comply with §G of this regulation or may recalculate the NMOC emission rate based on the site-specific methane 

generation according to the procedures provided in 40 CFR §60.754(a)(4); 

(e) The revised NMOC emission rate based on site-specific methane generation shall be submitted to the Department by 

November 1 of the year following the year in which the first NMOC emission rate report was submitted showing that the NMOC 

emission rate exceeded 55 tons per year; 

(f) If the NMOC emission rate based on the site-specific methane generation rate is less than 55 tons per year, the owner 

or operator shall resume the emission rate reporting using the site-specific methane generation rate according to the schedule in 

§D(6) of this regulation; 

(g) If the NMOC emission rate based on the site-specific methane generation rate is 55 tons or more per year, the owner 

or operator shall comply with §G of this regulation. 
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(9) The NMOC emission rate reporting requirements in §D(3) of this regulation do not apply after the installation of the 

required collection and control system in compliance with §E of this regulation, during the time when the collection and control 

system is in operation and in compliance with 40 CFR §§60.753 and 60.755. 

E. Compliance Plans. 

(1) A person who owns or operates an MSW landfill that has a calculated NMOC emission rate that is 55 tons or more per 

year shall submit to the Department a plan for compliance by June 1 of the year following the year in which an NMOC emission 

rate was first calculated to be 55 tons or more per year. The plan for compliance shall contain all of the elements contained in 40 

CFR §60.752(b)(2). In addition, the plan shall contain the following schedule: 

(a) The release of purchase orders or contracts within 5 months from the date the plan for compliance is required; 

(b) Beginning of construction of the gas collection and control system within 8 months after the plan for compliance is 

required; and 

(c) Completion of construction of the gas collection and control system within 16 months from the date the plan for 

compliance is required. 

(2) The plan for compliance required in §E(1) of this regulation shall include the following compliance dates for start-up of 

the gas collection and control system and performance of a compliance test: 

(a) For areas that are closed or at final grade, a landfill gas collection and control system shall be installed and 

compliance achieved by December 1 of the year following the year the plan for compliance was required to be submitted or after 

the initial MSW landfill has been in place for a period of 2 years, whichever date is later; 

(b) For active areas, a landfill gas collection and control system shall be installed and compliance achieved by December 

1 of the year following the year the plan for compliance was required to be submitted or after the initial MSW landfill has been in 

place for a period of 5 years, whichever date is later; 

(c) Upon written request to the Department, an extended schedule, not to exceed 30 months from the date the NMOC 

emission rate was first calculated to be 55 tons or more per year, may be granted for installing the landfill gas collection and 

control system; 

(d) The schedule to achieve compliance shall be met regardless of whether the owner or operator of the MSW landfill 

determines emissions based on site-specific NMOC and methane generation rates as provided in §D(8) of this regulation. 

(3) In its determination for an extension, the Department will consider: 

(a) The past and future rate at which MSW has been or will be accepted; 

(b) The expected life of the area; 

(c) Costs of control; 

(d) Physical constraints for installing controls; and 

(e) Other information regarding the safety and technical aspects of control. 

(4) Any extension granted by the Department pursuant to §E(2)(c) of this regulation shall be submitted to EPA for approval 

as a revision to the Department's plan for control of landfill gas emissions from MSW landfills. 

F. Closure Report and Equipment Removal. 

(1) A person who owns or operates an MSW landfill subject to §G of this regulation shall submit a closure report to the 

Department within 30 days of MSW acceptance cessation. The Department may request additional information, as necessary, to 

verify that permanent closure has taken place in accordance with the requirements in 40 CFR §258.60. 

(2) After the notice of closure has been submitted to the Department, additional MSW may not be placed in the MSW 

landfill. 

(3) A person who owns or operates an MSW landfill who installs the required gas collection and control system and 

complies with §G of this regulation for at least 15 years may continue to operate the control system or, if the control system is to 

be taken out of service, an equipment removal request shall be submitted to the Department for approval 30 days before the 

removal or cessation of operation of the control equipment. 
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(4) The equipment removal request shall contain all of the information in 40 CFR §60.757(e)(1) and (2), including: 

(a) A copy of the closure report submitted in accordance with §F(1) of this regulation; 

(b) A copy of the initial performance test report demonstrating that the 

15-year minimum control period has expired; and 

(c) Dated copies of three successive NMOC emission rate calculations, performed in accordance with 40 CFR 

§60.754(b), demonstrating that the annual uncontrolled NMOC emissions from the MSW landfill are currently below and will 

remain below 25 tons per year. 

G. Compliance and Operating Conditions. 

(1) Compliance Conditions. A person who owns or operates an MSW landfill that has a calculated NMOC emission rate of 

55 tons per year or more shall comply with the landfill gas collection and control requirements in 40 CFR §§60.752(b)(2) and 

60.755. 

(2) Specifications for Active Collection Systems. A person who complies with §G(1) of this regulation by using an active 

collection system shall comply with the specifications included in 40 CFR §60.759. 

(3) Operating Conditions. A person who is required to install a gas collection and control system in compliance with §G(1) 

of this regulation shall operate the equipment according to the requirements included in 40 CFR §60.753. 

H. Testing, Monitoring, Reporting, and Record-Keeping Requirements. 

(1) Performance Testing. A person who is required to install a gas collection and control system in compliance with §G(1) 

of this regulation shall demonstrate adequate control efficiency by complying with the conditions in 40 CFR §§60.754(d) and 

60.8. 

(2) Monitoring Requirements. A person who is required to install a gas collection and control system in compliance with 

§G(1) of this regulation shall: 

(a) Monitor the equipment in accordance with the provisions in 40 CFR §60.756(a)—(e); 

(b) Monitor the methane surface emissions in accordance with the provisions in 40 CFR §60.756(f); and 

(c) Commence the methane surface monitoring required in §H(2)(b) of this regulation by the beginning of the calendar 

quarter following the quarter during which the system required in §G(1) of this regulation is installed. 

(3) Reporting Requirements. 

(a) A person who complies with §G(1) of this regulation by using an active collection system shall comply with the 

reporting provisions in 40 CFR §§60.757 and 60.758. 

(b) A person who complies with §G(1) of this regulation shall comply with the initial performance test reporting 

requirements in 40 CFR §60.757(g). 

(4) Record-Keeping Requirements. A person who is required to install a gas collection and control system in compliance 

with §G(1) of this regulation shall comply with the record-keeping requirements in 40 CFR §60.758. 

.21 Control of Volatile Organic Compound (VOC) Emissions from Commercial Bakery Ovens. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Commercial bakery oven (bakery oven)" means an oven with a rated heat input capacity of two MM Btu per hour or 

greater, that is used to bake bread, rolls, or other yeast-raised products. 

(2) "Fermentation time" means the time elapsed between adding the yeast to the dough or sponge and placing the product 

into the bakery oven, expressed in hours. 

(3) "Yeast percentage" means the pounds of yeast per hundred pounds of total recipe flour, expressed as a percentage. 

(4) "Yt value" means a factor used to predict VOC emission rates from individual bakery ovens that is determined by 

multiplying the weighted yeast percentage (Y) by the fermentation time (t). 
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C. Applicability and Exemptions. 

(1) This regulation applies to a person who owns or operates a bakery oven located at a premises that has a total potential to 

emit 25 tons or more of VOC per year. 

(2) Except as provided in §C(4) of this regulation, the provisions of §D of this regulation apply only to the largest bakery 

oven at the premises. 

(3) A person who owns or operates a bakery oven that is not subject to §D of this regulation is subject to §F(2) and (3) of 

this regulation. 

(4) A person who owns or operates a bakery oven at a premises that was constructed before 1942 is exempt from the 

requirements of §D of this regulation until the bakery oven is replaced or modified. 

(5) A person who owns or operates a bakery oven constructed on or after January 1, 1994, and that satisfies the conditions 

in §D(1) of this regulation shall comply with §D(2) of this regulation. 

D. General Requirements. 

(1) Except as provided in §C(2) and (4) of this regulation, a person who owns or operates a bakery oven that exceeds the 

average annual production tonnage of finished bread, rolls, or other yeast-raised products and the Yt value below is subject to 

§D(2) and (3) of this regulation: 

(a) 10,000 tons with a Yt value of greater than 11.0; 

(b) 15,000 tons with a Yt value between 8.1 and 11.0; 

(c) 22,500 tons with a Yt value less than 5.0 and 8.0; 

(d) 28,000 tons with a Yt value less than 5.0. 

(2) A person who owns or operates a bakery oven that satisfies the conditions in §D(1) of this regulation may not cause or 

permit the discharge of VOC into the atmosphere unless emissions from the bakery oven are exhausted directly into a control 

device which is installed, operated, and maintained to reduce VOC emissions from the bakery oven by 80 percent or more overall. 

(3) Except for a control device that is required to be installed by this regulation after July 15, 1995, a control device 

required by this regulation shall be installed and operated as expeditiously as practicable, but not later than July 15, 1995. 

E. Use of Innovative Control Methods. 

(1) Innovative Control Methods. If the owner or operator of a bakery oven subject to this regulation demonstrates to the 

satisfaction of the Department that an innovative control method has the capability of achieving compliance with this regulation, 

the Department shall allow its use if the conditions in §E(2) of this regulation are met. 

(2) Conditions. 

(a) Upon approval by the Department, the innovative control method shall be installed and stack-tested not later than July 

15, 1995. 

(b) The owner or operator of the bakery oven on which the innovative control method is installed shall complete basic 

engineering and design of a conventional control system, such as a thermal or catalytic oxidizer, not later than July 15, 1995, and 

be prepared to submit an expeditious schedule to construct the system if the innovative control method fails to achieve 

compliance. 

(c) Determination by Department. 

(i) Upon completing review of the stack test for the innovative control method as required in §E(2)(a) of this 

regulation, the Department shall make a determination as set forth in §E(2)(c)(ii)—(iv) of this regulation. 

(ii) If compliance is achieved, the Department shall allow continued use of the innovative control method. The bakery 

oven equipped with the innovative control method shall be retested within 24 months after initial approval by the Department. 

(iii) If compliance is not achieved, but an overall emission reduction of 70 percent or greater is achieved, the 

Department shall make a determination to allow modifications to be made to improve performance, to amend this regulation, or a 

combination of both. If a determination is made by the Department to amend this regulation, the amendment shall be submitted to 

the U.S. EPA for approval. If a determination is made to allow modification to the innovative control method, the modified 
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innovative control method shall be retested not later than 30 days after the modifications are completed, and retested within 24 

months. 

(iv) Upon failure to achieve an acceptable emission reduction, the Department shall notify the owner or operator of the 

bakery oven, and the owner or operator shall immediately begin installation of a conventional control system for which 

preliminary design and engineering were completed. 

(3) Upon failure of the innovative control method at the time of the initial or 24-month retest, the owner or operator of the 

bakery oven may not be considered in violation if the owner or operator acts expeditiously to replace the control method with an 

approved conventional control system. 

F. Reporting and Testing Requirements. 

(1) A person subject to this regulation who installs a control device shall: 

(a) Perform a stack test within 90 days after start-up of the control device using Method 25A under 40 CFR Part 60, 

Appendix A, or other test methods approved by the Department; and 

(b) Submit test reports to the Department within 60 days after completing the required stack tests. 

(2) A person who owns or operates a bakery oven that does not satisfy the conditions in §D(1) of this regulation shall 

maintain production records for that bakery oven and make these records available to the Department on request, and maintain 

these records for a period of not less than 3 years. 

(3) Except as otherwise provided in this regulation, a person who owns or operates a bakery oven that satisfies the 

conditions in §D(1) of this regulation after January 1, 1994, shall notify the Department, and comply with the requirements of 

§D(2) of this regulation within 1 calendar year after the year in which the conditions were satisfied. 

.22 Control of Volatile Organic Compounds from Vinegar Generators. 

A. Applicability. This regulation applies to a person who owns or operates a vinegar generator at a premises that has total 

actual VOC emissions of 20 pounds or more per day from all vinegar generators at the premises. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Scrubber-absorber system" means equipment used to strip VOC from the exhaust gases of a vinegar generator by 

means of direct contact between the effluent gases and the scrubbing medium. 

(2) Vinegar Generator. 

(a) "Vinegar generator" means a fermenting reactor in which a solution of ethanol, wood chips, and nutrients are 

fermented aerobically under controlled conditions to produce vinegar. 

(b) "Vinegar generator" includes an acetator. 

C. General Requirements. A person subject to this regulation may not operate a vinegar generator unless the unit is equipped 

with a scrubber-absorber system or other emission reduction system that has an overall VOC control efficiency of 85 percent or 

greater. 

D. Testing Requirements. A person who owns or operates a vinegar generator subject to this regulation shall: 

(1) Demonstrate compliance by performing an initial stack test by not later than September 15, 1997; 

(2) Perform additional compliance demonstration stack tests at a frequency of not less than once each 5 years beginning 5 

years from the date of the initial compliance test, or at the Department's request; and 

(3) Submit stack test reports to the Department within 60 days after completing each test. 

E. Monitoring and Records. 

(1) A person who owns or operates a vinegar generator subject to this regulation shall: 

(a) Install and operate a water flow meter on each scrubber-absorber system; and 

(b) Continuously monitor the water flow. 

(2) The water flow rate to the scrubber-absorber system is as prescribed in the source's permit to operate issued by the 

Department. 
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(3) Water flow data shall be recorded and maintained for at least 3 years and made available to the Department on request. 

.23 Control of VOC Emissions from Vehicle Refinishing. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Airless spray" means a spray coating method in which the coating is: 

(i) Atomized by forcing it through a small nozzle at high pressure; and 

(ii) Not mixed with air before exiting from the nozzle opening. 

(b) Associated Parts and Components. 

(i) "Associated parts and components" means a structure, device, piece, module, section, assembly, subassembly, or 

element of a motor vehicle or mobile equipment that is designed to be a part of the motor vehicle or mobile equipment but which 

is not attached to the motor vehicle or mobile equipment at the time of coating the structure, device, piece, module, section, 

assembly, subassembly, or element. 

(ii) "Associated parts and components" does not include circuit boards. 

(c) Automotive Coating. 

(i) "Automotive coating" means a coating or coating component used or recommended for use in motor vehicle or 

mobile equipment refinishing, service, maintenance, repair, restoration, or modification. 

(ii) "Automotive coating" includes any reference to automotive refinishing or automotive coating recommended for 

use in motor vehicle or mobile equipment refinishing on the container or in product literature. 

(iii) “Automotive coating” does not include metal plating activities. 

(d) Automotive Coating Component. 

(i) "Automotive coating component" means a portion of a coating, including a reducer or thinner, toner, hardener, or 

additive that is recommended by a person to distributors or end-users for use in an automotive coating, or which is supplied for 

use in an automotive coating. 

(ii) "Automotive coating component" does not include raw materials used to produce the components. 

(e) "Automotive pretreatment coating" means a coating that: 

(i) Contains a minimum of 0.5 percent acid by weight and not more than 16 percent solids by weight necessary to 

provide surface etching; and 

(ii) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and 

adhesion. 

(f) "Automotive primer" means a coating labeled and formulated for application to a substrate to provide one or more of 

the following: 

(i) A bond between the substrate and subsequent coats; 

(ii) Corrosion resistance; 

(iii) A smooth substrate surface; and 

(iv) Resistance to penetration of subsequent coats, and on which a subsequent coating is applied. 

(g) Automotive Refinishing Facility. 

(i) "Automotive refinishing facility" means a shop, business, location, or parcel of land where motor vehicles or 

mobile equipment or their associated parts and components are coated, including auto body collision repair shops. 

(ii) "Automotive refinishing facility" does not include the original equipment manufacturing plant where the new 

motor vehicle or new mobile equipment is completely assembled. 

(h) "CARB" means the California Air Resources Board. 
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(i) Cleaning Solvent. 

(i) "Cleaning solvent" means a fluid containing VOC used to perform surface preparation, or cleaning of surface 

coating equipment. 

(ii) "Cleaning solvent" does not include thinners, reducers or other solvents that may be used to adjust the solvent 

content of coatings. 

(j) Color Coating. 

(i) "Color coating" means a pigmented coating, excluding promoters, primers, and multicolor coatings that requires a 

subsequent clear coating and which is applied over a primer, adhesion promoter, or color coating. 

(ii) "Color coating" includes metallic/iridescent color coatings. 

(k) "Electrostatic spray" means the application of charged atomized paint droplets that are deposited by electrostatic 

attraction. 

(l) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound 

(VOC) under COMAR 26.11.01.01B(53). 

(m) "Graphic arts operation" means the application of logos, letters, numbers, or graphics to a painted surface by brush, 

roller, or airbrush. 

(n) "Metallic/iridescent color coating" means a coating that: 

(i) Exhibits more than one color in the dried film after a single application; 

(ii) Is packaged in a single container; 

(iii) Hides surface defects on areas of heavy use; and 

(iv) Is applied over a primer or adhesion promoter. 

(o) "Mobile equipment" means any equipment which may be drawn or is capable of being drawn or driven on a roadway 

or rails including but not limited to: 

(i) Automobiles; 

(ii) Trucks, truck cabs, truck bodies, and truck trailers; 

(iii) Buses; 

(iv) Motorcycles; 

(v) Utility bodies; 

(vi) Camper shells; 

(vii) Mobile cranes; 

(viii) Bulldozers; 

(ix) Street cleaners; 

(x) Golf carts; 

(xi) Ground support vehicles, used in support of aircraft activities at airports; 

(xii) Implements of husbandry or agriculture and farming equipment; and 

(xiii) Trains and railcars. 

(p) Single-Stage Coating. 

(i) "Single-stage coating" means a pigmented coating, excluding primers and multicolor coatings, labeled and 

formulated for application without a subsequent clear coat. 

(ii) "Single-staged coating” includes single-stage metallic/iridescent coatings. 
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(q) "Spot repair" means repair of an area of less than one panel in size on a motor vehicle, piece of mobile equipment, or 

associated parts or components. 

(r) "Temporary protective coating" means a coating labeled and formulated for the purpose of temporarily protecting 

areas from overspray or mechanical damage. 

(s) "Truck bed liner coating" means a coating, excluding clear, color, multicolor, and single-stage coatings, labeled and 

formulated for application to a truck bed to protect it from surface abrasion. 

(t) "Underbody coating" means a coating labeled and formulated for: 

(i) Application to wheel wells; 

(ii) The inside of door panels or fenders; 

(iii) The underside of a truck or hood; or 

(iv) The underside of a motor vehicle. 

(u) "Vehicle refinishing" means the activity of recoating a motor vehicle, mobile equipment or parts of a motor vehicle or 

mobile equipment. 

B. Test Methods. The following test methods shall be used for the purpose of demonstrating compliance with the provisions of 

this regulation. 

(1) VOC Content of Coatings and Solvents. The VOC content of automotive components, automotive coatings, and 

solvents shall be determined by either U.S. EPA Reference Method 24 as it exists in Appendix A of 40 CFR Part 60, 

"Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings or 

South Coast Air Quality Management District (SCAQMD) Method 304-91 "Determination of Volatile Organic Compounds 

(VOC) in Various Materials". 

(2) Exempt Organic Compounds – Methyl Acetate, Acetone, t-Butyl Acetate, and p-Chlorobenzotrifluoride (PCBTF). The 

concentration of the exempt organic compounds methyl acetate, acetone, t-butyl acetate, and PCBTF shall be determined by 

ASTM Designation: D 6133-02, "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl 

Acetate Content of Solventborne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a Gas 

Chromatograph". 

(3) Exempt Organic Compounds – Dichloromethane and 1,1,1,-Trichloroethane. The concentration of the exempt organic 

compounds dichloromethane and 1,1,1-trichloroethane shall be determined by California Air Resources Board (CARB) Method 

432, "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings", adopted September 12, 1989. 

(4) Exempt Organic Compounds. The concentration of exempt compounds shall be determined by either CARB Method 

422, "Determination of Volatile Organic Compounds in Emissions from Stationary Sources" (adopted January 22, 1987) or 

SCAQMD Method 303-91, "Determination of Exempt Compounds (Approved February 1993). 

(5) Acid Content of Coatings. The acid content of pretreatment coatings shall be determined by ASTM Designation: D 

1613-03, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, 

and Related Products" (October 2003). 

(6) Metallic Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality 

Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction", (Approved July 1996). 

(7) Spray Equipment Transfer Efficiency. The spray equipment transfer efficiency shall be determined by SCAQMD Test 

Procedure, "Spray Equipment Transfer Efficiency Test Procedure for Equipment User", (Approved May 24, 1989). 

(8) Spray Equipment HVLP Equivalency. The spray equipment HVLP equivalency shall be determined by SCAQMD 

Guidelines, "Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns", (September 26, 

2002). 

(9) Spray Gun Cleaning System. The active and passive solvent losses from the use of an enclosed spray gun cleaning 

system or equivalent cleaning system shall be determined by SCAQMD Method, "General Test Method for Determining Solvent 

Losses from Spray Gun Cleaning Systems", (October 3, 1989). 
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(10) Emission Control System – Capture Efficiency. The measurement of capture efficiency shall be conducted and 

reported in accordance with one or both of the following: 

(a) U.S. EPA Technical Document, "Guidelines for Determining Capture Efficiency" (issued January 9, 1995); or 

(b) 40 CFR 51, Appendix M, Methods 204-204f. 

(11) Emission Control System – Control Efficiency. The control efficiency shall be determined in accordance with one or 

more of the following: 

(a) U.S EPA Reference Method 25, "Determination of Total Gaseous Nonmethane Organic Emissions as Carbon" as it 

exists in Subpart D, Appendix A of 40 CFR 60; 

(b) U.S EPA Reference Method 25A, "Determination of Total Gaseous Organic Concentration Using a Flame Ionization 

Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60; and 

(c) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive 

Infrared Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60. 

C. Incorporation by Reference. In this regulation, the following documents are incorporated by reference. 

(1) U.S. EPA Reference Method 24: Determination of Volatile Matter Content, Water Content, Density, Volume Solids, 

and Weight Solids of Surface Coatings (40 CFR Part 60 Appendix A). 

(2) SCAQMD Method 304-91: “Determination of Volatile Organic Compounds (VOC) in Various Materials". 

(3) ASTM Designation D 6133-02: "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or tButyl Acetate Content of Solvent borne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a 

Gas Chromatograph”. 

(4) CARB Method 432: "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings"(adopted 

September 12, 1989). 

(5) CARB Method 422: “Determination of Volatile Organic Compounds in Emissions from Stationary Sources” (adopted 

January 22, 1987). 

(6) SCAQMD Method 303-91: “Determination of Exempt Compounds” (approved February 1993). 

(7) ASTM Designation D 1613-03: “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates 

Used in Paint, Varnish, Lacquer, and Related Products”. 

(8) SCAQMD Method 318-95: “Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction” 

(approved July 1996). 

(9) SCAQMD Test Procedure: Spray Equipment Transfer Efficiency Test Procedure for Equipment User, approved May 

24, 1989. 

(10) SCAQMD Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, 

September 26, 2002. 

(11) SCAQMD “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems” (dated October 

3, 1989). 

(12) U.S. EPA Technical Document: “Guidelines for Determining Capture Efficiency” (January 9, 1995). 

(13) 40 CFR 51, Appendix M: Methods 204-204f. 

(14) U.S EPA Reference Method 25: “Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, (40 CFR 

60 Subpart D, Appendix A). 

(15) U.S EPA Reference Method 25A: “Determination of Total Gaseous Organic Concentration Using a Flame Ionization 

Analyzer” (40 CFR 60 Subpart D, Appendix A). 

(16) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive 

Infrared Analyzer” (40 CFR 60 Subpart D, Appendix A). 

D. Applicability and Exemptions. 
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(1) Except as provided in §D(2) of this regulation, the provisions of this regulation apply to a person who, on or after July 1, 

2013:

(a) Supplies, sells, offers for sale, or distributes an automotive coating or cleaning solvent for use within the State; 

(b) Manufactures an automotive coating or cleaning solvent for use within the State; or 

(c) Uses or applies an automotive coating or cleaning solvent within the State. 

(2) This regulation does not apply to the following products: 

(a) An automotive coating or cleaning solvent that is offered for sale, sold, or manufactured for: 

(i) Use outside of the State; or 

(ii) Shipment to other manufacturers for reformulation or repackaging; 

(b) An aerosol coating product; 

(c) An automotive coating that is sold, supplied, or offered for sale in 0.5 fluid ounce or smaller containers intended to be 

used by the general public to repair minor surface imperfections; 

(d) A coating applied to motor vehicles or mobile equipment or their associated parts and components during original 

equipment manufacture on an assembly line; 

(e) An automotive coating used in a surface coating process that is subject to Regulation .03 of this chapter; or 

(f) An automotive coating applied to motor vehicles or mobile equipment or their associated parts and components by a 

person who does not receive compensation for the application of the coating. 

(3) The application requirements specified in §G of this regulation do not apply to: 

(a) Graphics arts operations; 

(b) Use of less than one fluid ounce of a coating; or 

(c) The application of: 

(i) Underbody coatings; and 

(ii) Truck bed liner coatings. 

E. General Requirements and Standards. 

(1) VOC Content Limits. 

(a) Except as provided in this regulation, effective July 1, 2013, a person who is subject to this regulation may not 

supply, sell, offer for sale, distribute, or manufacture for use within the State an automotive coating or cleaning solvent with a 

VOC content in excess of the corresponding limit specified in Table 1 of §E(1) or in §E(5) of this regulation. 

(b) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, an 

automotive coating or cleaning solvent for vehicle refinishing that exceeds the VOC content specified in Table 1 of §E(1) or in 

§E(5) of this regulation. 

Table 1. VOC Content Limits for Automotive Coatings for <MLF>Motor Vehicle and Mobile Equipment Non-assembly Line 

<MLF>Refinishing and Recoating. 

VOC Content

Limit of

Coatings as

Applied* 

Coating Category Pounds per gallon Grams per liter 

Adhesion promoter 4.5 540 

Automotive pretreatment coating 5.5 660 

Automotive primer 2.1 250 
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VOC Content

Limit of

Coatings as

Applied* 

Clear coating 2.1 250 

Color coating, including metallic/iridescent color coating 3.5 420 

Multicolor coating 5.7 680 

Other automotive coating type 2.1 250 

Single-stage coating, including single-stage metallic/iridescent coating 2.8 340 

Temporary protective coating 0.5 60 

Truck bed liner coating 1.7 200 

Underbody coating 3.6 430 

* The VOC content is determined as the weight of volatile compounds (prepared to manufacturer's maximum VOC content), 

less water and exempt compounds, as specified in §E(2) of this regulation. 

(2) Calculation of VOC Content. For the purpose of determining compliance with the VOC content limits in §E(1) of this 

regulation, the VOC content of an automotive coating shall be determined by using the following procedures, as applicable: 

(a) For the VOC regulatory content for coatings, determine the VOC content in units of grams of VOC per liter of 

coating less water and exempt compounds using the following equation: 

VOC regulatory content = (Wv - Ww - Wec) / (Vm - Vw - Vec)

(b) For the VOC actual content for coatings, determine the VOC content in units of grams of VOC per liter of coating 

including the volume of any water, exempt compounds and VOC solvent using the following equation: 

VOC actual content = (Wv - Ww - Wec) / (Vm) 

(c) For the VOC content for cleaning solvents, other than for bug and tar removal, determine the VOC content in units of 

grams of VOC per liter of solvent using the following equation: 

VOC content = (Wv - Ww - Wec) / (Vm) 

Where: 

VOC content (or actual) = grams of VOC per liter of coating; 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of material (coating or cleaning solvent, including water, exempt compounds, and added solvent) in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

(3) Most Restrictive VOC Limit. If anywhere on the container of an automotive coating, label or sticker affixed to the 

container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a 

manufacturer, any representation is made that indicates that the coating meets the definition of or is recommended for use for 

more than one of the coating categories listed in §E(1) of this regulation, then the most restrictive VOC content limit applies. 

(4) Alternative Compliance. 

(a) A person subject to this regulation may achieve compliance with the requirements of this regulation through use of an 

emission control device that has been approved in writing by the Department which achieves an overall emission control 

efficiency of 85 percent or greater, as determined in accordance with §B(10) and (11) of this regulation. 
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(b) The approved emission control device shall be maintained and used in proper working condition at all times. 

(c) A source is in violation if the measured VOC emissions, as measured by any of the test methods specified in 

§B(11)(a)—(c) of this regulation, exceed the standards specified in §E(4)(a)—(b) of this regulation. 

(d) A person subject to this regulation shall not manufacture, blend, repackage for sale, supply, sell, offer for sale, or 

distribute for use within the State an automotive coating with a VOC content in excess of the limits specified in Table 1 of §E(1) 

of this regulation unless the automotive coating is used exclusively within an emission control system approved under §E(4)(a)—

(b) of this regulation. 

(5) VOC Content Limits for Cleaning Solvents. 

(a) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, a cleaning 

solvent other than for bug and tar removal with a VOC content greater than 25 grams per liter. 

(b) For cleaning solvents used for bug and tar removal, a person may not use or apply to a motor vehicle, mobile 

equipment, or associated part a bug and tar remover greater than 40 percent VOC by weight as set forth in COMAR 

26.11.32.04B. 

F. Prohibitions. A person may not possess the following at a non-assembly line motor vehicle or mobile equipment coating 

operation: 

(1) An automotive coating that is not in compliance with the VOC content limits specified in §E(1) of this regulation; 

(2) An automotive coating not for use with an approved emission control device; or 

(3) A cleaning solvent that does not meet the limits specified in §E(5) of this regulation. 

G. Coating Application Methods. 

(1) Beginning July 1, 2013, a person may not apply an automotive coating subject to this regulation to a motor vehicle, 

mobile equipment, or associated parts and components unless one or more of the following application methods is used: 

(a) Flow or curtain coating; 

(b) Dip coating; 

(c) Roller coating; 

(d) Brush coating; 

(e) Cotton-tipped swab application; 

(f) Electrodeposition coating; 

(g) High volume-low pressure (HVLP) spraying; 

(h) Electrostatic spray; 

(i) Airless spray; or 

(j) An alternative spray equipment coating application method.

(2) A person who uses an alternative spray equipment coating application method must demonstrate to the satisfaction of 

the Department that the transfer efficiency is equivalent to or higher than HVLP or electrostatic spray application methods using 

the spray equipment transfer efficiency methods under §B(7) and (8) of this regulation based on the following: 

(a) The manufacturer's published technical material on the design of the spray equipment; and 

(b) The operation of the spray equipment using an air pressure tip gauge from the manufacturer of the spray equipment. 

(3) The report of the demonstration shall be submitted in writing to the Department for approval. 

(4) An alternative spray coating application method, or an alternative coating application method other than spray 

application methods, that has been approved by CARB or a California air district for use in applying non-assembly line 

automotive coatings may also be approved to comply with this regulation, as applicable. 
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H. Work Practice Standards. 

(1) Spray guns used to apply automotive coating components or automotive coatings shall be cleaned by one or a 

combination of the following: 

(a) A fully enclosed spray gun cleaning system that is kept closed when not in use and is maintained in accordance with 

the requirements of §L(1)(a)—(c) of this regulation; 

(b) Unatomized discharge of solvent into a paint waste container that is kept closed when not in use; 

(c) Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use; or 

(d) Atomized spray into a paint waste container that is filled with a device designed to capture atomized mist or spray 

solvent emissions. 

(2) The owner or operator of an automotive refinishing facility or non-assembly line operation subject to this regulation 

shall implement the following work practice standards and training measures: 

(a) Fresh and used automotive coating components, automotive coatings, solvents, and cleaning solvents shall be stored 

in vaportight, nonabsorbent, nonleaking containers that shall be kept closed at all times except when filling or emptying; 

(b) Cloth or paper, or absorbent applicators, moistened with automotive coatings components, automotive coatings, 

solvents, or cleaning solvents shall be stored in closed, vaportight, nonabsorbent, nonleaking containers; 

(c) Handling and transfer procedures to minimize spills during the transfer of automotive coating components, 

automotive coatings, solvents, and cleaning solvents; and 

(d) Ensure that a person who uses or applies automotive coating components, automotive coatings, solvents, or cleaning 

solvents has completed training in the proper use and handling of the automotive coating components, automotive coatings, 

solvents, and waste products in order to minimize the emission of air contaminants and to comply with the provisions of this 

regulation. 

I. Compliance Procedures and Monitoring Requirements. 

(1) Compliance Statement Requirements. 

(a) For each automotive coating product or automotive coating component product, a manufacturer and repackager who 

is subject to the provisions of this regulation shall include the following information on product data sheets or an equivalent 

documentation: 

(i) The VOC actual content and VOC regulatory content, as supplied, for the coating product or coating component 

product, expressed in grams per liter, calculated in accordance with §E(2)(a)(i) and (ii) of this regulation; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 

(b) For each ready to spray mixture (based on the manufacturer's and repackager's stated mix ratio) product, the 

manufacturer and repackager shall include the following information on product data sheets or an equivalent documentation: 

(i) The VOC actual content and the VOC regulatory content, as applied, for the coating product or coating component 

product, expressed in grams per liter; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 

(c) The manufacturer and repackager of cleaning solvents subject to this regulation shall include the VOC content of the 

cleaning solvents as supplied, calculated in accordance with the requirements of §E(2)(a)(iii) of this regulation, expressed in 

grams per liter, on product data sheets or an equivalent documentation. 
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(2) Container Labeling Requirements. The manufacturer and repackager of automotive coatings or automotive coating 

components shall include the following information on all containers or on a label affixed to the container: 

(a) The applicable use category or categories; 

(b) The VOC actual content of the coating or coating component, as supplied, calculated in accordance with the 

requirements of §E(2)(a)(ii of this regulation) and expressed in grams per liter; 

(c) The VOC regulatory content of the coating or coating component as supplied, calculated in accordance with the 

requirements of §E(2)(a)(i) of this regulation and expressed in grams per liter; and 

(d) The manufacturer and repackager of cleaning solvents subject to this rule shall include on all containers, or on a label 

affixed to the container, the VOC content for cleaning solvents, as supplied, calculated in accordance with the requirements of 

§E(2)(a)(iii of this regulation) and expressed in grams per liter. 

J. Record Keeping. 

(1) Record-Keeping Requirements for Coatings, Coating Components and Solvents. A person who uses automotive 

coatings, automotive coating components, ready-to-spray coatings (based on the manufacturer's stated mix ratio), or cleaning 

solvents subject to this regulation shall maintain and have available at all times, the following: 

(a) A current list of all coatings, coating components and cleaning solvents used that are subject to this regulation which 

includes the following information for each coating, coating component and cleaning solvent: 

(i) Whether the material is a coating, coating component, or cleaning solvent; 

(ii) Coating, coating component or cleaning solvent name and manufacturer; 

(iii) Application method; 

(iv) Coating type; 

(v) The mix ratio specific to the coating, coating component or cleaning solvent; and 

(vi) The VOC actual content and VOC regulatory content as applied, for each ready to spray or ready to apply coating 

or cleaning solvent and copies of data sheets documenting how the as applied values were determined; 

(b) The VOC actual content and VOC regulatory content as supplied and copies of current manufacturer specification 

sheets, product data sheets, material safety data sheets, technical data sheets, or air quality data sheets documenting the as 

supplied value; and 

(c) Purchase records identifying the following; 

(i) The coating type; 

(ii) Coating, coating component, or cleaning solvent name; and 

(iii) Volume purchased of the coating, coating component or cleaning solvent. 

(2) Record-Keeping Requirements for Emission Control Systems. A person using an emission control system shall maintain 

daily records of the following key system operating parameters which demonstrate continuous operation and compliance of the 

emission control system during periods of VOC emission producing activities: 

(a) Temperatures; 

(b) Pressure drops; and 

(c) Air flow rates. 

(3) The records under this regulation shall be maintained for not less than 3 years and made available to the Department 

upon request. 

K. Administrative Requirements. 

(1) Product Dating. 

(a) A manufacturer of an automotive coating subject to this regulation shall clearly display on each automotive coating 

container, on a label affixed to the container or on the package, the month and year on which the automotive coating was 

manufactured or code indicating that date. 
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(b) A manufacturer who uses the following code to indicate the date of manufacture will not be subject to the 

requirements of §K(2)(b) of this regulation if the code is represented separately from other codes on the automotive coating 

container, label or package so that it is easily recognizable: 

YY DDD 

Where: 

"YY" = two digits representing the year in which the product was manufactured; and 

"DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing 

the first day of the year, "002" representing the second day of the year, and so forth (that is, the "Julian date"). 

(c) The product date or date-code specified in this regulation shall be displayed on each automotive coating container, 

label or package no later than 30 days before the automotive coating is supplied, sold, offered for sale or distributed in the State. 

(d) The date or date-code information shall be located on the automotive coating container, label or package so that it is 

readily observable without irreversibly disassembling a part of the container or packaging. 

(e) For the purposes of this section, information may be displayed on the bottom of a container if it is clearly legible 

without removing any product packaging. 

(f) The requirements of this section do not apply to automotive coatings containing no VOCs. 

(2) Additional Product Dating Requirements. 

(a) If a manufacturer uses a code indicating the month and year of manufacture for an automotive coating subject to this 

regulation, an explanation of the code must be filed with the Department no later than 30 days before the automotive coating is 

supplied, sold, offered for sale or distributed in the State. 

(b) If a manufacturer changes a code indicating the month and year of manufacture for an automotive coating subject to 

§K(2)(a) of this regulation, an explanation of the modified code must be submitted to the Department before products displaying 

the modified code are supplied, sold, offered for sale or distributed in the State. 

(c) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating the month and 

year of manufacture from a regulated product container without the express authorization of the manufacturer. 

(d) Date code explanations for codes indicating the month and year of manufacture are public information and may not 

be claimed as confidential. 

(3) Sell-Through of Products. An automotive coating, coating component or cleaning solvent subject to this regulation 

manufactured before July 1, 2013 may be supplied, sold, offered for sale, or distributed in the State if the product meets the 

following: 

(a) The automotive coating, coating component or cleaning solvent complied with the standards in effect at the time the 

product was manufactured; and 

(b) The automotive coating, coating component or cleaning solvent meets the product dating requirements of §K(1) of 

this regulation. 

L. Testing Requirements. 

(1) Testing Requirements for Spray Gun Cleaning Systems. 

(a) Active and passive losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system shall 

be determined in accordance with the test methods listed in §B(9) of this regulation. 

(b) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of 105 mm of 

mercury at 20oC. 

(c) The minimum test temperature shall be 15oC. 

(2) Alternative Test Methods. The use of other test methods which are determined to be equivalent or better and which are 

approved in writing by the Department and the Administrator of the U.S. EPA may be used in place of the test methods specified 

in this regulation. 
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.24 Control of VOC Emissions from Leather Coating. 

A. Applicability. This regulation applies to a person who owns or operates a leather coating operation at a premises with actual 

VOC emissions of 20 pounds or more per day from all leather coating operations at the premises. 

B. Definition. In this regulation, "leather coating" means the application of a coating to leather or the impregnation of a 

coating into leather to beautify, protect, or give a finished appearance or quality to the leather. 

C. VOC Emission Requirements. 

(1) Coating Standards. Except as provided in §C(2) of this regulation, a person subject to this regulation may not use any 

coating in leather coating that exceeds 3.5 pounds of VOC per gallon of coating applied minus water and exempt solvents. 

(2) Alternative Method of Compliance. A person subject to this regulation may achieve compliance with the requirements 

in §C(1) of this regulation by installing a control device that reduces total VOC emissions by 85 percent or more, overall. 

D. Testing and Record Keeping. 

(1) Compliance Demonstration. A person subject to this regulation shall demonstrate compliance by one of the following 

methods: 

(a) If complying coatings are used to achieve compliance, submit to the Department by not later than September 1, 1997, 

a list of all coatings used, demonstrating compliance with §C(1) of this regulation; or 

(b) If a control device is used to achieve compliance, perform a stack test by not later than September 1, 1997, and every 

3 years thereafter, demonstrating compliance with §C(2) of this regulation. 

(2) Reporting Requirements. 

(a) If complying coatings are used to achieve compliance, monthly records shall be maintained showing the total volume 

of each coating used and the total premises VOC emissions. 

(b) If a control device is used to achieve compliance, a report of the compliance test required by §D(1)(b) of this 

regulation shall be submitted to the Department not later than 60 days after the date that the test is completed. 

(c) Required records shall be maintained at the premises for a period of not less than 3 years and made available to the 

Department upon request. 

.25 Control of Volatile Organic Compounds From Explosives and Propellant Manufacturing. 

A. Applicability. 

(1) This regulation applies to a person who owns or operates existing equipment at a premises that has a potential to emit 25 

tons or more of VOC per year from all explosives and propellant manufacturing equipment at the premises. 

(2) Section C(2) of this regulation applies to a person who constructs, owns, or operates new equipment that has or will 

have total actual VOC emissions of 50 pounds or more per day. 

B. Definitions. In this regulation, the following terms have the meaning indicated: 

(1) "Existing equipment" means explosives and propellant manufacturing equipment placed in operation before January 1, 

1991.

(2) "Explosives and propellant manufacturing equipment" means process equipment used to preheat, grind, mix, blend, 

cure, dry, cut, press, extrude, or cast materials to produce energetic materials such as rocket fuels and gun propellants. 

(3) "New equipment" means explosives and propellant manufacturing equipment placed in operation on or after January 1, 

1991.

(4) "Nitramine propellant manufacturing equipment" means explosives and propellant manufacturing equipment used to 

mix, blend, dry, cut, press, or otherwise manufacture nitramine-based propellants such as low vulnerability ammunition. 
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C. General Requirements. 

(1) A person who owns or operates existing explosives and propellant manufacturing equipment subject to this regulation 

shall: 

(a) Install a VOC control device, having a VOC destruction or removal efficiency of 85 percent or more overall, on all 

active nitramine propellant mixing equipment that has a capacity of 150 gallons or more; 

(b) Prepare and submit for approval by the Department by not later than September 1, 1997, a good operating practices 

manual that when implemented will minimize VOC emissions from all other existing explosive, propellant, and nitramine 

propellant manufacturing equipment; and 

(c) Implement the good operating practices within 30 days after approval by the Department. 

(2) A person who constructs, owns, or operates new equipment subject to this regulation shall reduce emissions from the 

new equipment by 85 percent or more, overall. 

D. Reporting and Testing Requirements. A person subject to this regulation shall: 

(1) By not later than October 1, 1997, submit to the Department: 

(a) A VOC emissions inventory for calendar year 1990 and for each subsequent year through calendar year 1996 for all 

explosives and propellant manufacturing equipment at the premises, and 

(b) A complete permit to construct application for the control device required in §C(1)(a) of this regulation; 

(2) Not later than 90 days after the control device required in §C(1)(a) of this regulation has been installed, perform a stack 

test to demonstrate compliance with the requirements of §C of this regulation; and 

(3) Submit to the Department a stack test report within 60 days after completing the test. 

.26 Control of Volatile Organic Compound Emissions from Reinforced Plastic Manufacturing. 

A. Applicability. 

(1) This regulation applies to reinforced plastic manufacturing at a premises where the total actual VOC emissions from all 

reinforced plastic manufacturing including tooling, touch-up, and repair is 20 pounds or more per day. 

(2) The requirements in this regulation do not apply to polyester resins used for tooling or touch-up and repair. 

(3) The requirements in this regulation do not apply to any fiberglass boat manufacturing facility as defined in Regulation 

.26-1B(5) of this chapter. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Clean-up material" means any material used in reinforced plastic manufacturing to clean parts, tools, equipment, and 

work areas. 

(2) "Low styrene resin" means a polyester resin that has a monomer content of 35 percent or less by weight as applied. 

(3) "Monomer" means a low molecular weight organic compound that reacts with itself or other similar compounds to 

produce a polyester resin. 

(4) "Non-VOC cleanup material" means a material that is used to clean products, tools, process equipment, and other 

equipment used in the manufacture of reinforced plastic products and contains less than 5 percent VOC by weight or a material 

that has a VOC partial pressure not exceeding 0.74 pound per square inch. 

(5) "Polyester resin (resin)" means a mixture of true esters dissolved in a polymerizable monomer such as styrene. 

(6) "Reinforced plastic manufacturing" means the curing of polyester resins with fiberglass, inert fillers, or other 

reinforcement materials. 

(7) "Specialty resin" means a polyester resin used in special applications involving high strength, corrosion resistance, fire 

resistance, or gel coat. 

(8) "Tooling" means the production of molding tools such as shapes, matrixes, molds, or other instruments and utensils that 

are used during reinforced plastic manufacturing. 
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(9) "Touch-up and repair" means small quantity use of polyester resin to repair minor surface damage or imperfections, 

where the total polyester resin used is less than 1 percent of the total quarterly polyester resin used as reported in §D(1) of this 

regulation. 

C. Requirements. 

(1) Except as provided in §C(3) of this regulation, a person subject to this regulation with actual VOC emissions of 20 

pounds or more per day shall use low styrene resins. 

(2) A person subject to this regulation with actual VOC emissions of 100 pounds or more per day shall also use an 

improved application method such as: 

(a) An airless or air-assisted airless spray gun; 

(b) A low pressure nozzle; 

(c) A pressure-fed roller or flow coater; or 

(d) Some other nonatomized resin application technique. 

(3) A person subject to this regulation who uses a specialty resin may not use a specialty resin with a monomer content 

exceeding 50 percent by weight as applied. 

(4) A person subject to this regulation shall use non-VOC cleanup materials. 

D. Record Keeping. 

(1) A person subject to this regulation shall maintain records that provide the following information: 

(a) A description of each polyester resin material used; and 

(b) The total weight and VOC content of each polyester resin material used quarterly. 

(2) Records shall be maintained for not less than 3 years and made available to the Department upon request. 

.26-1 Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing. 

A. Applicability. 

(1) This regulation applies to any fiberglass boat manufacturing facility where the total actual VOC emissions, before addon controls, from all fiberglass boat manufacturing is 15 pounds or more per day as determined on a monthly average. 

(2) VOC emissions from polyester resins, tooling resins and gel coats, ancillary parts production, touch-up, clean-up, and 

repair are to be included in determining VOC emissions pursuant to §(A)(1) of this regulation. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Atomized Resin Application. 

(a) “Atomized resin application” means a resin application technology in which the resin leaves the application 

equipment and breaks into droplets or an aerosol as it travels from the application equipment to the surface of the part. 

(b) “Atomized resin application” includes, but is not limited to, resin spray guns and resin chopper spray guns. 

(2) Clear Gel Coat. 

(a) “Clear gel coat” means a gel coat that is clear or translucent such that underlying colors are visible. 

(b) “Clear gel coat” does not include tooling gel coats used to build or repair molds. 

(3) Closed Molding. 

(a) “Closed molding” means any molding process that has the following characteristics: 

(i) Pressure is used to distribute the resin through the reinforcing fabric placed between two mold surfaces to either 

saturate the fabric or fill the mold cavity; and 

(ii) Clamping pressure, fluid pressure, atmospheric pressure, or vacuum pressure are applied either alone or in 

combination. 
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(b) “Closed molding” includes, but is not limited to, compression molding with sheet molding compound, infusion 

molding, resin injection molding (RIM), vacuum assisted resin transfer molding (VARTM), resin transfer molding (RTM), and 

vacuum assisted compression molding. 

(c) “Closed molding” does not include: 

(i) Processes in which a closed mold is used only to compact saturated fabric or remove air or excess resin from the 

fabric (such as in vacuum bagging); or 

(ii) Open molding steps such as application of a gel coat or skin coat layer by conventional open molding prior to a 

closed molding process. 

(4) “Fiberglass boat” means any type of vessel, other than a seaplane, that can be used for transportation on the water, in 

which either the hull or deck is built from a composite material consisting of a polyester resin or other thermosetting resin matrix 

reinforced with fiberglass (glass fibers), inert filler or other reinforcing materials such as fibers of carbon or aramid. 

(5) Fiberglass Boat Manufacturing Facility. 

(a) “Fiberglass boat manufacturing facility” means a facility that manufactures hulls or decks of fiberglass boats, 

assembles fiberglass boats from premanufactured hulls and decks, or builds molds to make hulls or decks of fiberglass boats. 

(b) “Fiberglass boat manufacturing facility” does not include a facility which: 

(i) Manufactures ancillary parts for fiberglass boats (such as hatches, seats, or lockers) or boat trailers; and 

(ii) Does not manufacture hulls or decks of fiberglass boats, assemble fiberglass boats from premanufactured hulls and 

decks, or build molds for fiberglass boat hulls or decks. 

(6) “Filled resin” means a resin to which an inert material has been added to change viscosity, density, shrinkage, or other 

physical properties. 

(7) “Gel coat” means a thermosetting resin surface coating containing styrene (Chemical Abstract Service (CAS No. 100–

42–5) or methyl methacrylate (CAS No. 80–62–6) that: 

(a) Provides a cosmetic enhancement or improves resistance to degradation from exposure to the elements; 

(b) Does not contain any reinforcing fibers; and 

(c) Is applied directly to mold surfaces or to a finished laminate. 

(8) “Mold” means the cavity or surface into or on which gel coat, resin, and fibers are placed and from which finished 

fiberglass parts take their form. 

(9) “Monomer” means a low molecular weight organic compound that reacts with itself or other similar compounds to 

produce a polymer such as a polyester or vinylester resin. 

(10) Nonatomized Resin Application. 

(a) “Nonatomized resin application” means any application technology in which the resin is not broken into droplets or 

an aerosol as it travels from the application equipment to the surface of the part. 

(b) “Nonatomized resin application” includes, but is not limited to, flowcoaters, chopper flowcoaters, pressure fed resin 

rollers, resin impregnators, and hand application by paint brush or paint roller. 

(11) “Non-monomer” means any low molecular weight organic compound that does not react with itself or other similar 

compounds to produce a polymer and is assumed to be emitted fully as a VOC into the atmosphere. 

(12) “Non-VOC cleanup material” means a material that: 

(a) Is used to clean products, tools, process equipment, and other equipment used in the manufacture of fiberglass boats; 

and 

(b) Either contains less than 5 percent VOC by weight or has a VOC composite vapor pressure of no more than 0.5 

millimeters of mercury at 68 degrees Fahrenheit. 

(13) Open Molding and Gel Coat Operations. 
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(a) “Open molding and gel coat operation” means any process in which the reinforcing fibers and resin are placed in the 

mold and are open to the surrounding air while the reinforcing fibers are saturated with resin. 

(b) “Open molding and gel coat operation” includes operations in which a vacuum bag or similar cover is used to 

compress an uncured laminate to remove air bubbles or excess resin, or to achieve a bond between a core material and a laminate. 

(14) Pigmented Gel Coat. 

(a) “Pigmented gel coat” means an opaque gel coat. 

(b) “Pigmented gel coat” does not include tooling gel coats used to build or repair molds. 

(15) Production Resin. 

(a) “Production resin” means any resin used to manufacture parts for sale. 

(b) “Production resin” does not include tooling resins used to build or repair molds, or assembly adhesives. 

(16) “Pure, 100-percent, vinylester resin used for skin coats” means resins containing only vinylester resin and does not 

include any resin containing blends of vinylester and polyester resins. 

(17) “Resin and gel coat mixing operation” means any operation in which a resin or gel coat is combined with additives that 

include, but are not limited to, fillers, promoters, or catalysts, and includes operations making putties or polyputties used to 

assemble parts of fiberglass boats and to fill gaps between parts. 

(18) “Skin coat” means a layer of resin and fibers applied over a gel coat to protect the gel coat from being deformed by an 

additional laminate layer or layers. 

(19) “Tooling” means the production of molding tools such as shapes, matrixes, molds, or other instruments and utensils 

that are used during manufacturing of fiberglass boats. 

(20) “Tooling resin” means, for the purposes of §C(1) of this regulation, the resin used to build or repair molds (also known 

as tools) or prototypes (also known as plugs) from which molds will be made. 

(21) “Tooling gel coat” means, for the purposes of §C(1) of this regulation, the gel coat used to build or repair molds (also 

known as tools) or prototypes (also known as plugs) from which molds will be made. 

(22) “Total VOC Content (percent by weight)” means the sum of the monomer content (percent by weight) determined 

according to §D(1) of this regulation and of the weight percent of the non-monomer VOC determined by §D(3) of this regulation. 

(23) Vacuum Bagging. 

(a) “Vacuum bagging” means any molding technique in which the reinforcing fabric is saturated with resin and then 

covered with a flexible sheet that is sealed to the edge of the mold and where a vacuum is applied under the sheet to compress the 

laminate, remove excess resin, or remove trapped air from the laminate during curing. 

(b) “Vacuum bagging” does not include closed molding. 

(24) “Vinylester resin” means a thermosetting resin containing esters of acrylic or methacrylic acids and having doublebond and ester linkage sites only at the ends of the resin molecules. 

C. Requirements. 

(1) A person who owns or operates a fiberglass boat manufacturing facility subject to this regulation shall: 

(a) Not cause or permit the discharge into the atmosphere of any VOC from resin and gel coat operations in excess of the 

following standards, except as provided in §C(3) of this regulation: 

Operation Application

Method

Total Monomer

Content

(percent by weight)

Total VOC

Content

(percent by weight)

Production resin Atomized resin application (spray) 28 33

Production resin Nonatomized resin application 35 40

Pigmented gel coat Atomized or nonatomized resin application 33 38

Clear gel coat Atomized or nonatomized resin application 48 53
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Operation Application

Method

Total Monomer

Content

(percent by weight)

Total VOC

Content

(percent by weight)

Tooling resin Atomized resin application (spray) 30 35

Tooling resin Nonatomized resin application 39 44

Tooling gel coat Atomized or nonatomized resin application 40 45

(b) Notwithstanding §C(3)(a) and (b) of this regulation, use nonatomizing resin application equipment when applying 

production resins (including skin coat resins) pursuant to §C(3)(a) of this regulation, and pure, 100-percent vinylester resins 

pursuant to §C(3)(b) of this regulation. 

(c) Not cause or permit the discharge into the atmosphere of any VOC from any resin and gel coat mixing operation 

unless all mixing containers with a capacity equal to or greater than 208 liters (55 gallons), including those used for on-site 

mixing of putties and polyputties, have a cover with no visible gaps in place at all times except when material is being manually 

added to or removed from the container, or when mixing or pumping equipment is being placed in or removed from the container. 

(d) Only use non-VOC cleanup materials. 

(2) Alternative Compliance Option. 

In lieu of meeting the standards of §C(1)(a) of this regulation, a person who owns or operates a fiberglass boat 

manufacturing facility subject to this regulation may cause or permit the discharge into the atmosphere of any VOC from filled 

resins provided that such emissions do not exceed the following non-monomer VOC content and as-applied monomer VOC 

emission rates calculated using the equation in §D(3) of this regulation: 

Type of Filled Resin Monomer Rate in kg 

Monomer VOC per

Megagram of Filled

Resin as Applied

Non-monomer VOC

Content Limit of 

Unfilled Resin

Production 46 5%

Tooling 54 5%

(3) Exemptions. The standards in §C(1)(a) of this regulation do not apply to: 

(a) Production resins (including skin coat resins) that meet specifications for use in military vessels or must be approved 

by the U.S. Coast Guard for use in the construction of lifeboats, rescue boats, and other life-saving appliances approved under 46 

CFR Chapter I, Subchapter Q, or the construction of small passenger vessels as regulated by 46 CFR Chapter I, Subchapter T; 

(b) Pure, 100-percent vinylester resins used for skin coats where the total quantity of such resins used is less than or equal 

to 5 percent by weight of all resin used at a fiberglass boat manufacturing facility on a 12-month rolling average basis, as reported 

in §E(5)—(7) of this regulation; 

(c) Production and tooling resins, and pigmented, clear, and tooling gel coats, which are used for touch up and repair of 

parts or molds and which are used in quantities less than or equal to 1 percent by weight of all resin used at a fiberglass boat 

manufacturing facility on a 12-month rolling average basis, as reported in §E(1) of this regulation; 

(d) Resins used in closed molding; 

(e) Polyester resins used for tooling or touch-up and repair during a manufacturing process that is not fiberglass boat 

manufacturing; 

(f) Coatings applied to fiberglass boats; and 

(g) Adhesives used in the assembly of fiberglass boats. 
DEPARTMENT OF THE ENVIRONMENT 

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D. Test Methods and Compliance Procedures. 

(1) A person who owns or operates a fiberglass boat manufacturing facility subject to this regulation shall determine the 

monomer VOC content of any resin or gel coat applied at the facility using: 

(a) South Coast Air Quality Management District (SCAQMD) Method 312-91, Determination of Percent Monomer in 

Polyester Resins, revised April 1996; or 

(b) Manufacturer’s formulation data. 

(2) In the event of a conflict between the monomer VOC content of any resin or gel coat indicated by the manufacturer’s 

formulation data and the results of a test using the method referenced in §D(1)(a) of this regulation, the test results shall be used 

for the purpose of determining compliance with this regulation. 

(3) A person meeting the alternative emission rates in §C(2) of this regulation shall compute the as-applied monomer VOC 

emission rate for the filled production resin or tooling resin, in kilograms monomer VOC per megagram of filled material, using 

the following equation: 

Where 

PVF is the as-applied monomer VOC emission rate for the filled production resin or tooling resin, kilograms monomer VOC 

per megagram of filled material. 

PVu is the monomer VOC emission rate for the neat (unfilled) resin, before filler is added, as calculated using the formulas 

in the table in §D(4) of this regulation. 

Filler pct is the weight-percent of filler in the as-applied filled resin system. 

(4) The monomer VOC emission rate for the neat (unfilled) resin, before filler is added, PVu, shall be calculated using the 

formulas in the following table: 

Monomer VOC Emission Rate Formulas for Open Molding and Gel Coat Operations

Material Application Method Formula to Calculate the Monomer VOC 

Emission Rate1

Production resin or tooling resin Atomized resin application 0.014 x (Resin VOC%)2.425

Atomized resin application, plus vacuum bagging with 

roll-out 0.01185 x (Resin VOC%)2.425

Atomized resin application, plus vacuum bagging 

without roll-out 0.00945 x (Resin VOC%)2.425

Nonatomized resin application 0.014 x (Resin VOC%)2.425

Nonatomized resin application plus vacuum bagging 

with roll-out 0.0110 x (Resin VOC%)2.275

Nonatomized resin application plus vacuum bagging 

without roll-out 0.0076 x (Resin VOC%)2.275

Pigmented gel coat, clear gel coat, 

tooling gel coat All methods 0.445 x (Gel coat VOC%)1.675

1

 Where the resin VOC% is the monomer VOC content as supplied, expressed as a weight-percent value between 0 and 100 

percent. 
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(5) A person meeting the alternative emission rates in §C(2) of this regulation shall demonstrate the as-applied nonmonomer VOC content of resins and gel coats using the test method prescribed in COMAR 26.11.19.02D(1), and for this 

purpose, resins and gel coats shall be considered coatings . 

(6) For the purpose of demonstrating that a cleanup material is a non-VOC cleanup material, a person shall: 

(a) Perform a test using the method prescribed in COMAR 26.11.19.02D(1), where the cleanup material shall be 

considered a coating; and 

(b) Determine the composite vapor pressure of organic-compounds in a cleanup material using the calculation prescribed 

in COMAR 26.11.19.02E(3). 

E. Record Keeping. A person who owns or operates a fiberglass boat manufacturing facility subject to this regulation shall 

maintain for not less than 3 years, and shall make available to the Department upon request, records that provide the following 

information: 

(1) A description of each polyester or vinylester resin material used including: 

(a) The manufacturer’s name; 

(b) The type (e.g. production resin, production gel coat, tooling resin, tooling gel coat); 

(c) The amount of each of the polyester or vinylester resin materials used; 

(d) The weight (in percent) of monomer for each polyester resin materials and filler or fillers used; 

(e) The weight percent of VOC that is not monomer or the total weight percent of the VOC content; and 

(f) The type of application method used with each resin; 

(2) On a quarterly basis, the total weight and the monomer content and VOC content of each polyester and vinylester resin 

material; 

(3) On a quarterly basis, the total weight and the monomer content and VOC content of each polyester and vinylester resin 

material used under the exemption of §C(3)(a), of this regulation, including a description or identification (military specifications, 

46 CFR Subchapter Q, or 46 CFR subchapter T) of the exemption; 

(4) On a monthly basis, the total weight, monomer content, and VOC content of each polyester and vinylester resin material 

used for closed molding under the exemption of §C(3)(d) of this regulation; 

(5) On a monthly basis, the total weight, monomer content, and VOC content of each pure,100-percent vinylester resin used 

under the exemption of §C(3)(b) of this regulation; 

(6) On a monthly basis, the total weight of all resins used; 

(7) On a monthly basis, the total weight of pure, 100-percent vinylester resins used under the exemption of §C(3)(b) of this 

regulation over the preceding 12 months divided by total weight of all resins used over the preceding 12 months; 

(8) On a daily basis, the total weight, monomer content, and VOC content of each resin used for touch up and repair of parts 

or molds under the exemption of §C(3)(c) of this regulation; 

(9) For filled resins for which compliance is demonstrated under alternative compliance option of §C(2) of this regulation: 

(a) The total weight and non-monomer VOC content of each polyester and vinylester resin material used; and 

(b) The monomer emission rate computed in accordance with §D(3) of this regulation in kg monomer VOC per 

megagram of filled resin as applied. 

(10) On a monthly basis, the total clean-up materials used. 

.27 Control of Volatile Organic Compounds from Marine Vessel Coating Operations. 

A. Applicability. This regulation applies to marine vessel coating operations at a premises where the total potential to emit 

VOC emissions equals or exceeds 25 tons (22.75 metric tons) per year or actual emissions of 20 pounds (9 kilograms) per day 

from all marine vessel coating operations at the premises. 
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B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Air flask coating" means a special composition coating applied to interior surfaces of high pressure breathing air flasks 

to provide corrosion resistance. 

(2) "Antenna coating" means a coating applied to equipment on a vessel through which electromagnetic signals must pass 

for reception or transmission. 

(3) "Antifoulant coating" means a coating that is: 

(a) Applied to the underwater portion of a vessel to prevent or reduce the attachment of biological organisms; and 

(b) Registered with the EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act. 

(4) "Chemical agent resistant coatings (CARC)" means an exterior topcoat applied to military or U.S. Coast Guard ships 

that are subject to specific chemical, biological, and radiological washdown requirements. 

(5) "Heat resistant coating" means a coating that during normal use must withstand a temperature of at least 204°C (400°F). 

(6) "High-gloss coating" means a coating that achieves at least 85 percent reflectance on a 60 degree meter when tested by 

ASTM Method D-523.

(7) "High-temperature coating" means a coating that during normal use must withstand a temperature of at least 426°C 

(800°F). 

(8) "Inorganic zinc (high-build) coating" means a coating that contains 8 pounds (3.6 kilograms) or more elemental zinc 

incorporated into an inorganic silicate binder that is applied to steel to provide galvanic corrosion resistance. 

(9) "Marine vessel coating operation" means the application of coatings to a ship. 

(10) "Mist/tack coating" means a low viscosity, thin film, epoxy coating applied to but not limited to an inorganic zinc 

primer. 

(11) "Navigational aids coating" means a coating applied to Coast Guard buoys or other Coast Guard waterway markers. 

(12) "Nonskid coating" means a coating applied to the surfaces of a ship for the purpose of providing slip resistance. 

(13) "Nuclear coating" means a protective coating used to seal porous surfaces such as steel or concrete that otherwise 

would be subject to intrusion by radioactive materials. 

(14) "Organic zinc coating" means a coating derived from zinc dust incorporated into an organic binder, that: 

(a) Contains more than 8 pounds (3.6 kilograms) of elemental zinc per gallon of coating, as applied; and 

(b) Is used for the express purpose of corrosion protection. 

(15) "Pretreatment wash primer coating" means a coating that contains a minimum of 0.5 percent acid, by weight, and is 

applied only to bare metal to etch the surface and enhance adhesion of subsequent coatings. 

(16) "Rubber camouflage coating" means a specially formulated epoxy coating used as a camouflage topcoat for exterior 

submarine hulls and sonar domes. 

(17) "Sealant coating" means an epoxy coating applied over thermal spray aluminum surfaces. 

(18) Ship. 

(a) "Ship" means a marine vessel used for military or commercial operations, including self-propelled vessels, those 

propelled by other craft (barges), and navigational aids (buoys and markers). 

(b) "Ship" includes: 

(i) All military and Coast Guard vessels; 

(ii) Commercial cargo and passenger (cruise) ships; 

(iii) Ferries; 

(iv) Barges; 

(v) Tankers; 
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(vi) Container ships; 

(vii) Patrol and pilot boats; and 

(viii) Dredges. 

(c) "Ship" does not include offshore oil and gas drilling platforms unless they are moved to an on-shore marine vessel 

coating operation. 

(19) "Special marking coating" means a coating that is used for safety or identification applications. 

(20) "Specialty interior coating" means a coating used on interior surfaces aboard U.S. military vessels pursuant to a coating 

specification that requires that the coating have specified fire retardant properties and a toxicity index of less than 0.03, in 

addition to the otherwise applicable military physical and performance requirements. 

(21) "Thermoplastic coating" means a vinyl, chlorinated rubber, acrylic, or bituminous resin coating that is used to recoat a 

vessel with the same type of coating as its existing coating. 

(22) "Undersea weapons systems coating" means a coating applied to any component of a weapons system intended to be 

launched or fired from under the sea. 

(23) "Weld-through (shop) preconstruction primer" means a coating which provides temporary corrosion protection for 

steel while it remains in inventory. 

C. Coating Requirements. 

(1) Except as provided in §C(5) of this regulation, a person who owns or operates a marine vessel coating operation subject 

to this regulation may not apply a coating that exceeds the standards in §C(2), (3), and (4) of this regulation. 

(2) Coating Standards. 

Coating Maximum VOC content Pounds per Gallon as applied (Grams per Liter) 

Air flask 2.83 (340) 

Antenna 4.42 (530) 

Antifoulant 3.42 (400) 

CARC 2.83 (340) 

Heat resistant 3.50 (420) 

High gloss 3.50 (420) 

High temperature 4.17 (500) 

Inorganic zinc high build primer 2.83 (340) 

Mist/Tack 5.08 (610) 

Navigational aids 4.58 (550) 

Nonskid 2.83 (340) 

Nuclear 3.50 (420) 

Organic Zinc 3.00 (360) 

Pre-treatment wash primer 6.50 (780) 

Rubber camouflage 2.83 (340) 

Sealant coat for thermal spray aluminum 5.08 (610) 

Special marking 4.08 (490) 

Specialty interior 2.83 (340) 

Thermoplastic coating 4.58 (550) 

Undersea weapons systems 2.83 (340) 

Weld-through (shop) primer 5.42 (650) 
DEPARTMENT OF THE ENVIRONMENT 

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(3) If a coating satisfies the definition of more than one category of coating listed in §C(2) of this regulation, then the 

coating is subject to the maximum VOC content for any applicable category. 

(4) Any other coating used in a marine vessel coating operation not listed in §C(2) of this regulation may not exceed a VOC 

content of 2.83 pounds per gallon (340 grams per liter), as applied. 

(5) A person who owns or operates a marine vessel coating operation subject to this regulation may apply a coating that 

exceeds the VOC content established in this regulation if: 

(a) The VOC content of the coating does not exceed the otherwise applicable standard in §C(2), (3), or (4) of this 

regulation by more than 20 percent; and 

(b) The coating exceeding the standards in §C(2), (3), or (4) of this regulation is used only during the period from 

November 1 of a year through March 31 of the following year. 

D. Cleanup requirements. A person who owns or operates a marine vessel coating operation subject to this regulation shall 

take reasonable precautions to minimize the release of VOC into the atmosphere including: 

(1) Storing all waste materials containing VOC, including cloth and paper, in closed containers; 

(2) Maintaining lids on any VOC-bearing materials when not in use; and 

(3) Using enclosed containers or VOC recycling equipment to clean spray gun equipment. 

E. Compliance with the requirements of this regulation shall be achieved using the test methods and procedures in Regulation 

.02 of this chapter. 

F. Record Keeping. 

(1) A person who owns or operates a marine vessel coating operation subject to this regulation shall maintain the following 

records: 

(a) The monthly total volume and VOC content of each coating and coating solvent used that contain VOCs; and 

(b) The monthly total volume and VOC content of each cleanup solvent used that contains VOCs. 

(2) Records shall be retained for 3 years and be made available to the Department on request. 

(3) Compliance with the record-keeping requirements in §F(1) and (2) of this regulation constitutes compliance with 

Regulation .02F of this chapter. 

.27-1 Control of Volatile Organic Compounds from Pleasure Craft Coating Operations. 

A. Applicability and Exemptions. 

(1) The requirements of this regulation apply to pleasure craft and fiberglass boat coating operations at a premises with 

actual VOC emissions of 15 pounds or more per day from coating operations as determined on a monthly average, on or after 

January 1, 2013. 

(2) The requirements of this regulation do not apply to: 

(a) Coatings applied using a hand-held, pressurized, nonrefillable container which expels coatings from the container in a 

finely divided spray when a valve on the container is depressed; 

(b) Coatings that are applied to: 

(i) Recoat portions of a product which has sustained mechanical damage to the coating following normal painting 

operation; or 

(ii) Cover minor coating imperfections appearing after the main coating operation; or 

(c) Coatings or resins applied during the manufacturing process. 

B. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Define. 
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(a) “Antifouling sealer/tiecoat” means a coating applied over a biocidal antifouling coating for the purpose of preventing 

the release of biocides into the environment or to promote adhesion between an existing antifouling coating and a primer or 

between an existing antifouling coating and other antifouling coatings. 

(b) “Extreme high gloss coating” means any coating which achieves at least 95 percent reflectance on a 60o meter when 

tested by ASTM Method D 523-89.

(c) “Fiberglass boat” means any type of vessel, other than a seaplane, that can be used for transportation on the water, in 

which either the hull or deck is built from a composite material consisting of a polyester resin or other thermosetting resin matrix 

reinforced with fiberglass (glass fibers), inert filler, or other reinforcing materials such as fibers of carbon, aramid, or other 

material. 

(d) “Finish primer/surfacer” means a coating applied with a wet film thickness of less than 10 mils prior to the 

application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or 

promoting a uniform surface necessary for filling in surface imperfections. 

(e) “High build primer/surfacer” means a coating applied with a wet film thickness of 10 mils or more prior to the 

application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or 

promoting a uniform surface necessary for filling in surface imperfections. 

(f) “Pleasure craft” means vessels which are manufactured or operated primarily for recreational purposes, or leased, 

rented, or chartered to a person or business for recreational purposes. 

(g) “Pleasure craft coating” means any parts and products coating, except unsaturated polyester resin (fiberglass) 

coatings, applied by brush, spray, roller, or other means to a pleasure craft. 

(h) “Pretreatment wash primer” means a coating which contains no more than 25 percent solids by weight and at least 0.1 

percent acids by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide 

corrosion resistance and adhesion of subsequent coatings. 

(3) All definitions provided in COMAR 26.11.19.27B also apply in this regulation except for those definitions specifically 

provided in §B(2) of this regulation. 

C. Incorporation by Reference. The document ASTM Designation: ASTM Method D 523-89, Standard Test Method for 

Specular Gloss, which is incorporated by reference in COMAR 26.11.33.02B, shall be followed when complying with this 

regulation. 

D. Pleasure Craft Coating Standards (Expressed in Terms of Mass of VOC per Volume of Coating Excluding Water and 

Exempt Compounds, as Applied). 

Coating Types lbs VOC/gal kg VOC/liter 

Extreme high gloss topcoat 5.0 0.60 

High gloss topcoat 3.5 0.42 

Pretreatment wash primers 6.5 0.78 

Finish primer/surfacer 

Applicable through March 31, 2014 5.0 0.60 

Applicable after March 31, 2014 3.5 0.42 

High build primer/surfacer 2.8 0.34 

Aluminum substrate antifoulant coating 4.7 0.56 

Antifouling sealer/tiecoat 3.5 0.42 

Other substrate antifoulant coating 3.3 0.40 

All other pleasure craft surface coatings 3.5 0.42 
DEPARTMENT OF THE ENVIRONMENT 

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E. If more than one emission limitation in §D of this regulation applies to a specific coating, the least stringent emission 

limitation is applicable. 

F. Application Methods. A person subject to the requirements of this regulation shall use the following application methods, 

except for the application of Extreme high gloss coating: 

(1) Electrostatic application; 

(2) HVLP spray; 

(3) Flow coat; 

(4) Roller coat; 

(5) Dip coat including electrodeposition; 

(6) Brush coat; 

(7) Airless spray; 

(8) Air-assisted airless spray; or 

(9) Other coating application method capable of achieving a transfer efficiency equivalent or better than that achieved by 

HVLP spraying. 

.28 Control of Volatile Organic Compounds from Bread and Snack Food Drying Operations. 

A. Applicability. This regulation applies to a person who owns or operates a bread drying operation. 

B. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Bread and snack food drying operation (bread drying operation)" means a drying process that reduces the moisture 

content of bakery and confectionary waste in preparation for its further use. 

(b) "Scrubber system" means a control device that strips VOC from the exhaust gases of a bread drying operation by 

means of direct contact between the effluent gases and the scrubbing medium. 

C. General Requirements. 

(1) A person who owns or operates a bread drying operation that has a potential to emit VOC emissions of 25 tons or more 

per year may not cause or allow VOC emissions into the atmosphere unless the bread drying operation is equipped with: 

(a) A scrubber system that has an overall VOC reduction efficiency of 85 percent or greater; or 

(b) An alternative control device approved by the Department that will reduce VOC emissions overall by 85 percent or 

greater. 

(2) A person who installs a scrubber system shall: 

(a) Equip the scrubber system with a water flow meter to continuously measure and record the water flow to the scrubber 

system; 

(b) Measure and record the water flow rate when performing a compliance stack test conducted in accordance with §E of 

this regulation; 

(c) Submit the water flow rate information to the Department for approval as part of the stack test report; and 

(d) Maintain the water flow rate approved by the Department at all times when the bread drying operation is in use. 

(3) A variation of 10 percent or more of the approved water flow rate constitutes a violation of §C(1) of this regulation 

unless a different water flow rate is approved by the Department. 

(4) The Department may adjust the approved water flow rate based on future stack test results performed in accordance with 

§E of this regulation. 
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(5) The Department will approve a different water flow rate if it is demonstrated to the satisfaction of the Department that 

the different water flow rate will reduce VOC emissions by at least 85 percent overall. 

D. Alternative Control Devices. 

(1) A person who installs an alternative control device shall measure and record the process conditions when performing a 

compliance stack test and submit that information to the Department as part of the stack test report. 

(2) If an alternative control device is used, the process conditions reported during a compliance stack test shall be included 

as conditions to the source's permit to operate. 

E. Testing Requirements. A person who owns or operates a bread drying operation subject to the requirements in §C(1) of this 

regulation shall: 

(1) Demonstrate compliance by performing an initial stack test within 120 days of installing an emission control system 

unless the Department approves a different date; 

(2) Perform additional compliance demonstration stack tests at least once every 5 years after the initial compliance test 

unless the Department approves a different frequency; and 

(3) Submit stack test reports to the Department within 60 days following completion of each test. 

F. Monitoring and Records. 

(1) A person who installs a scrubber system or an alternative control device on a bread drying operation shall continuously 

monitor and record the water flow rate to the scrubber system or the process conditions approved by the Department and included 

in the source's permit to operate. 

(2) A person who owns or operates a bread drying operation shall maintain the following monthly records: 

(a) The types and input rates for all materials processed; and 

(b) The estimated monthly VOC emissions. 

(3) All records required under this regulation shall be maintained for at least 5 years and be made available to the 

Department upon request. 

.29 Control of Volatile Organic Compounds From Distilled Spirits Facilities. 

A. Applicability. This regulation applies to a person who owns or operates a distilled spirits facility that has a total potential to 

emit VOCs of 25 tons or more per year. 

B. Definitions. 

(1) In this regulation, the following terms have the meaning indicated. 

(2) Terms Defined. 

(a) "Aging warehouse" means a building in which distilled spirits are aged in barrels before being bottled and packaged 

for distribution. 

(b) "Automated filling system" means an automated bottle filling system that minimizes fugitive VOC emissions by 

rapidly filling individual containers with the assistance of gravity and creating a vacuum or pressure during the bottling operation. 

(c) "Bottling operation" means an automated process by which empty bottles are filled with distilled spirits and sealed. 

(d) Distilled Spirits. 

(i) "Distilled spirits" means an alcoholic beverage such as rum, gin, vodka, bourbon, or whiskey. 

(ii) "Distilled spirits" does not include beer or ale. 

(e) "Distilled spirits facility" means a process where unaged distilled spirits are received in bulk, adjusted to a designated 

proof, pumped into barrels, stored in an aging warehouse, bottled, and packaged. 
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C. General Requirements. 

(1) A person who owns or operates a distilled spirits facility subject to this regulation shall: 

(a) Empty barrels using a pump-operated, bayonet-type suction device, or comparably effective device that minimizes 

VOC evaporative losses when emptying barrels; 

(b) Drain distilled spirits from filter plates that are located between the barrel unloading and storage tanks to either a 

recycling tank or to an enclosed collection system; and 

(c) Use a gravity and vacuum or pressure filling system or comparably effective system to minimize fugitive emissions 

from the bottling operations. 

(2) During the warmer weather, used barrels that are stored in the outdoors awaiting disposal shall be periodically (at least 

weekly) wetted down to reduce potential leakage and fugitive emissions. 

D. Control of Other Fugitive Emission Sources. 

(1) A person who owns or operates a distilled spirits facility subject to this regulation shall submit to the Department for 

approval a good operating practices manual to minimize fugitive VOC emissions from the aging warehouse and other operations 

that are not subject to §D of this regulation. 

(2) The good operating practices manual shall be submitted to the Department not later than April 30, 2001, and shall be 

implemented not later than 60 days after approval by the Department. 

(3) Following implementation of the approved good operating practices, a report shall be submitted to the Department 

which includes the following information: 

(a) An identification of the sources of fugitive emissions at which good operating practices will be implemented; 

(b) A description of a method used to estimate emissions and estimated annual emissions for each source of fugitive 

emissions identified; and 

(c) A description of the method used to estimate the emission reduction resulting from implementing good operating 

practices and an estimate of the annual reductions achieved. 

(4) The report required in §D(3) of this regulation shall include emissions and emission reduction estimates for calendar 

year 2001 and shall be submitted to the Department by April 1, 2002. 

.30 Control of Volatile Organic Compounds from Chemical Production and Fluoropolymer Material Installations. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Back-up control device" means a control device that is used when the primary control device is not available for use. 

(2) "Chemical intermediate" means a synthesized chemical that is further processed to produce a final chemical product. 

(3) "Control device" means equipment that is used primarily to destroy or reduce VOC emissions before they are discharged 

into the atmosphere. 

(4) "Dipping trough" means a component of an FPM shaping and forming process consisting of a shallow pan containing 

VOC that is used to maintain flexibility of the FPM product. 

(5) "Fluoropolymer material (FPM)" means an inert fluorinated chemical that includes polytetrafluoroethylene or similar 

materials and is processed with other materials to produce products that are temperature resistant, chemically inert, and weather 

durable. 

(6) "FPM coating installation" means an installation that applies a coating to FPM or an FPM product. 

(7) FPM Process Installation. 

(a) "FPM process installation" means an installation that treats FPM so that its shape or form is permanently changed and 

that results in VOC emissions into the air. 

(b) "FPM process installation" does not include an FPM coating installation. 

(8) Inorganic Chemical Production Installation. 
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(a) "Inorganic chemical production installation" means process equipment used for the production of inorganic chemicals 

when associated with drying or product treatment equipment that involves the use of VOCs. 

(b) "Inorganic chemical production installation" does not include an FPM installation. 

(9) "Organic chemical production installation" means process equipment that operates independently or in combination with 

other equipment including reactors, distillation columns, evaporators, strippers and other similar chemical processing equipment 

to produce a single chemical intermediate or final product. 

(10) Product Condenser. 

(a) "Product condenser" means chemical processing equipment that is used to condense process vapors and return the 

condensate to the process for the primary purpose of maintaining process conditions, product quality, safe operations, or 

economic benefit. 

(b) A "product condenser" that is part of an organic chemical production installation or inorganic chemical production 

installation is not considered a control device. 

(11) "Total actual uncontrolled VOC emissions" means the actual VOC emissions from an installation or the VOC 

emissions from an installation without considering controls. 

C. Applicability. 

(1) Section D of this regulation applies to a person who owns or operates an organic chemical production installation or an 

inorganic chemical production installation at a premises that, on any day, has actual uncontrolled VOC emissions of 20 pounds or 

more per day. 

(2) A person who owns or operates an installation subject to the requirements in this regulation is not, for that installation, 

subject to any other regulation included under: 

(a) This chapter, except Regulations .01, .02, and .16 of this chapter; 

(b) COMAR 26.11.35, if monthly records are maintained to demonstrate that VOC emissions from: 

(i) The application of all adhesives, sealants, adhesive primers, and sealant primers do not exceed 400 pounds per year; 

and 

(ii) Adhesive manufacturing do not exceed 200 pounds per year. 

(3) Section E of this regulation applies to a person who owns or operates an FPM process installation or FPM coating 

installation that, on any day, has total actual uncontrolled VOC emissions of 20 pounds or more. 

D. General Requirements for Organic Chemical Production Installations and Inorganic Chemical Production Installations. 

(1) A person who owns or operates an organic chemical production installation or an inorganic chemical production 

installation at a premises that has total uncontrolled VOC emissions of 100 pounds or more per day shall duct each process vent 

and exhaust line from any installation with actual emissions of 20 pounds or more per day into a control device that has a VOC 

destruction or removal efficiency of at least 90 percent, overall. 

(2) A person who owns or operates an organic chemical production installation or an inorganic chemical production 

installation at a premises that has total uncontrolled VOC emissions of 20 pounds or more per day, but less than 100 pounds per 

day, shall prepare a manual that identifies good operating practices and procedures that are designed to minimize emissions of 

VOC from the premises. 

(3) The good operating practices and procedures required in §D(2) of this regulation shall be implemented by March 30, 

2002, and made available to the Department upon request. 

(4) A person who owns or operates an organic chemical production installation and complies with §D(1) of this regulation 

and later cannot achieve compliance because of an unavoidable outage or malfunction of the primary control device shall either: 

(a) Discontinue operation until the primary control device is returned to proper service; or 

(b) Use a back-up control device that is approved by the Department. 

(5) The back-up control device under §D(4)(b) of this regulation may not be used more than 10 percent of the annual 

operating time of the affected installation during any calendar year unless a longer period is approved by the Department. 
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E. General Requirements for FPM Process Installations. 

(1) A person who owns or operates an FPM process installation that has actual uncontrolled VOC emissions of 50 pounds 

or more per day shall vent the emissions into a thermal oxidizer system or other control method approved by the Department to 

destroy or reduce VOC emissions by 85 percent or more, overall. 

(2) If a thermal oxidizer is installed, the oxidizer combustion chamber shall be: 

(a) Operated at a minimum combustion chamber temperature of 1400°F or other temperature approved by the 

Department that is demonstrated to achieve compliance with this regulation; 

(b) Equipped with a continuous temperature monitor to record the oxidizer temperature; and 

(c) Equipped with an alarm system that alerts the operator when the oxidizer combustion chamber temperature is less 

than the approved temperature; and 

(d) Equipped with an interlock system that prevents operation of the FPM installation unless the approved control system 

is operating. 

(3) If a source uses an alternative control method approved by the Department, the alternative control method shall be 

monitored as required by the Department. 

(4) Equipment that is installed for the purpose of treating emissions or monitoring shall be operated, maintained, and as 

applicable, calibrated in accordance with the equipment vendor's specifications. 

(5) A person who owns or operates an FPM compounding and tape or shape-forming installation shall minimize fugitive 

emissions of VOC by: 

(a) Immediately enclosing all wet FPM during storage; and 

(b) Covering dipping troughs when not in operation. 

(6) A person who owns or operates an FPM coating installation that has actual uncontrolled VOC emissions of 20 pounds or 

more per day may not use a coating that has a VOC content exceeding 2.9 pounds per gallon unless the installation is equipped 

with a control device that meets the requirements in §E(2), (3), and (4) of this regulation. 

F. Demonstration of Compliance. Compliance with this regulation shall be demonstrated using the applicable VOC test 

methods specified in COMAR 26.11.01.04C or other test method approved by the Department. 

.31 Control of Volatile Organic Compounds from Medical Device Manufacturing. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Biopassive coating" means a coating applied to a product to reduce blood coagulation. 

(2) "Fixed needle syringe process" means insulin syringe assembly process with silicone and glue application, barrel 

printing, and drying. 

(3) "Hypodermic needle process" means a standard syringe assembly process with silicone and glue application, barrel 

printing, and drying. 

(4) "Medical device" means a device intended for use: 

(a) In the diagnosis of disease or other conditions; or 

(b) In the cure, mitigation, treatment, or prevention of disease. 

(5) "Medical device manufacturing installation" means a process or operation that causes VOC emissions during the 

manufacture of medical devices. 

C. Applicability. 

(1) This regulation applies to a person who owns or operates a medical device manufacturing installation at a premises that 

emits, or has the potential to emit, 100 pounds or more per day of VOC emissions from all medical device manufacturing 

installations. 
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(2) Except as provided in §C(3) of this regulation, a person that owns or operates an installation subject to the requirements 

of this regulation is not, for that installation, subject to any other provisions of this chapter. 

(3) A person subject to the requirements of this regulation also is subject to Regulations .01, .02, and .16 of this chapter. 

D. VOC Control Requirements. A person who is subject to this regulation shall: 

(1) Do all of the following: 

(a) Provide and maintain appropriately designed VOC impermeable covers on dip pots used for manual bonding 

operations when not in use; 

(b) Upon request of the Department, participate in the evaluation of new or innovative designs or VOC material 

substitutions to minimize the use of solvent bonds for medical device manufacturing; 

(c) Use an enclosed system to apply biopassive coating to fully assembled medical devices; 

(d) Apply biopassive coating to individual medical device components only when it is not feasible to coat medical 

devices in assembled form; and 

(e) Use a solvent chiller system to chill solvent to 50<deg>F or less prior to use in steel cannula coating to minimize 

VOC emissions on the following: 

(i) Fixed needle syringe processes; and 

(ii) Hypodermic needle processes; or 

(2) Use a Department approved alternative method of compliance or alternative control technology that achieves an 

equivalent or better level of VOC control. 

E. Before coating individual components under §D(1)(d) of this regulation, a person subject to this regulation shall submit to 

the Department for review and approval, a report documenting the technical and economic justification for coating components 

individually. 

F. Before using an alternative method of compliance or control technology, a person subject to this regulation shall submit a 

proposal to use such alternative method of compliance or control technology to the Department for review and approval. 

.32 Control of Volatile Organic Compounds (VOCs) from Wood Coating Operations. 

A. Definitions. In this regulation the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Basecoat" means a coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other 

opaque finishing materials, and is usually top-coated for protection. 

(2) Clear Topcoat. 

(a) "Clear topcoat" means the final coating which contains binders but not opaque pigments and which is specifically 

formulated to form a transparent solid protective film on wood substrates. 

(b) "Clear topcoat" includes clear brushing lacquers, clear lacquers, sanding sealers, and varnishes. 

(3) "Conversion varnish" means a clear acid curing coating with an alkyd or other resin blended with amino resins, which: 

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring 

to produce a hard, durable, clear finish; and 

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a trans-etherification at the 

reactive ethers of the amino resins. 

(4) "Daily weighted average" means the volume-weighted VOC content, expressed in grams VOC per liter (or pounds VOC 

per gallon) of all coatings, less water and exempt compounds, as applied on a given day. 

(5) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound (VOC) 

under COMAR 26.11.01.01B. 

(6) "Filler" means a preparation used to fill in cracks, grains, and imperfections of wood before applying a coating. 
DEPARTMENT OF THE ENVIRONMENT 

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(7) "Paint remover or stripper" means a product designed to strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the substrate. 

(8) Pigmented Coating. 

(a) "Pigmented coating" means opaque coatings that contain binders and colored pigments. 

(b) "Pigmented coating" includes opaque coatings that are formulated to conceal the wood surface either as an undercoat 

or a topcoat. 

(9) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm bind between the 

substrate and subsequent coats. 

(10) "Sealer" means coatings containing binders that seal a wood surface prior to application of subsequent coatings. 

(11) "Stain" means a clear, semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but 

not conceal the grain pattern or texture. 

(12) "Topcoat" means the last film-building finishing material that is applied in a finishing system. 

(13) "Washcoat" means a coating containing not more than 1 pound of solids per gallon designed to seal wood surfaces, 

prevent undesired staining, and control penetration. 

(14) Wood Coating Operation. 

(a) "Wood coating operation" means an operation used to coat any product made of wood, a wood product such as rattan 

or wicker, or an engineered wood product such as particleboard. 

(b) "Wood coating operation" does not include residential noncommercial operations and flat wood paneling coating 

subject to Regulation .33 of this chapter. 

C. Applicability. The requirements of this regulation apply to a person that owns or operates a wood coating operation with 

actual VOC emissions of 20 pounds or more per operating day from all wood coating operations at the premises determined on a 

monthly average. 

D. General Requirements. 

(1) Spray Gun Application. A person subject to this regulation that applies a coating with a spray gun shall use a high 

volume-low pressure (HVLP) spray gun or other high efficiency application method approved by the Department. 

(2) Alternative Compliance Method. A person subject to this regulation may achieve compliance with the requirements of 

this regulation through use of a control device that reduces emissions from the wood coating operation by not less than 90 percent 

overall. 

E. VOC Content Limits. 

(1) A person subject to this regulation shall meet the VOC content limits for coatings described in Table 1: 

Table 1 

VOC Content Limits of Coatings as Applied, Less Water and Exempt Compounds 

Coating Category Grams per Liter Pounds per Gallon 

Stains 250 2.1 

Washcoats, topcoats, and basecoats 420 3.5 

Primers and sealers 200 1.7 

Pigmented coatings 550 4.6 

Clear topcoats 680 5.7 

Conversion varnishes 725 6.1 
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(2) Daily Weighted Average Option. A person may demonstrate compliance by showing that the daily weighted average 

VOC of all compliant and noncompliant coatings used is equal to or less than 398 grams per liter (3.3 pounds per gallon). 

(3) A person subject to this regulation shall meet the VOC content limits for non-coating materials described in Table 2: 

Table 2 

VOC Content Limits of Non-Coating Materials as Applied, Less Water and Exempt Compounds 

Non-Coating Materials Grams per Liter Pounds per Gallon 

Fillers 500 4.2 

Paint removers and strippers 350 2.9 

Adhesives 120 1.0 

F. Record Keeping Requirements. 

(1) A person subject to this regulation shall maintain a monthly record of: 

(a) The quantity of all coatings and materials used (liters); and 

(b) Material data sheets, material lists, container labeling or records sufficient to show the VOC content of all coatings 

and materials used. 

(2) A person demonstrating compliance using the daily weighted average of coatings as provided in §E(2) of this regulation 

shall maintain records sufficient to show daily compliance. 

(3) Records shall be maintained for at least 2 years and made available to the Department upon request. 

.33 Control of Volatile Organic Compounds (VOCs) Emissions from Flat Wood Paneling Coatings. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Class II finishes on hardboard panels" means finishes on panels that: 

(i) Are manufactured primarily from inter-felted lignocellulosic fibers that are consolidated under heat and pressure in 

hot-press; and 

(ii) Meet the specifications of the American National Standard, ANSI A135.5-2004, Prefinished Hardboard Paneling, 

as approved by the American National Standards Institute (ANSI). 

(b) "Exterior siding" means flat wood paneling intended for use in commercial or residential construction, generally as a 

covering for an outside wall. 

(c) "Flat wood paneling" means any interior or exterior siding or paneling manufactured with wood, plywood, 

particleboard, tileboard, or waferboard that is used in residential and commercial construction. 

(d) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood. 

(e) "Natural finish hardwood plywood panels" means hardwood plywood panels whose original grain pattern is enhanced 

by essentially transparent finishes frequently supplemented by fillers and toners. 

(f) "Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats, upon which 

a simulated grain or decorative pattern is printed. 

(g) "Thin particleboard" means a manufactured board that has a thickness of 1/4 inch (0.64 cm) or less made of 

individual wood particles that have been coated with a binder and formed into flat sheets by pressure. 

(h) "Tileboard" means paneling that meets the specifications for Class I hardboard established by American National 

Standard, ANSI A135.4-2004, Basic Hardboard, as approved by the ANSI. 
DEPARTMENT OF THE ENVIRONMENT 

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B. Incorporation by Reference. In this regulation the following documents are incorporated by reference: 

(1) ANSI A135.5-2004, Prefinished Hardwood Paneling (approved March 11, 2004). 

(2) ANSI A135.4-2004, Basic Hardboard (approved March 11, 2004). 

C. Applicability. Coatings applied to stationary structures or their appurtenances or portable buildings at the site of installation 

are exempt from this regulation. 

D. Requirements for Flat Wood Paneling Coating. A person who applies flat wood paneling coatings, including inks and 

adhesives, where total precontrol VOC emissions from all flat wood paneling coating operations at a premises is 15 pounds or 

more per day (6.8 kg/day) shall meet the coating standards or overall control efficiency specified in the following table: 

Surface Coatings, Inks or Adhesives 

Applied to the Following Flat Wood 

Paneling Categories 

Emission Limits 

Pound VOC per Gallon 

(grams VOC/ Liter of 

Material) 

Pound VOC per Gallon 

Solids (grams VOC/ Liter 

Solids) 

Overall Control Efficiency 

Using an Add-On Control 

Device 

(1) Printed interior panels made of 

hardwood plywood or thin particleboard 2.1 (250) 2.9 (350) 90% 

(2) Natural finish hardwood plywood 

panels 2.1 (250) 2.9 (350) 90% 

(3) Class II finishes on hardboard panels 2.1 (250) 2.9 (350) 90% 

(4) Tileboard 2.1 (250) 2.9 (350) 90% 

(5) Exterior siding 2.1 (250) 2.9 (350) 90% 
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Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

Regulations .01C and .10 amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .12—.14 adopted effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .01—.14 repealed effective August 16, 1983 (10:14 Md. R. 1262) 

—————— 

Regulations .01—.14 adopted effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .01B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .02B amended effective August 19, 1984 (11:14 Md. R. 1250) 

Regulation .02B—F amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .03 repealed and new Regulation .03 adopted effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .10B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .13 amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .15 adopted effective August 10, 1987 (14:14 Md. R. 1572) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.21 to COMAR 26.11.19 

Regulation .01B amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726); May 8, 1995 (22:9 Md. R. 653); June 5, 1995 (22:11 

Md. R. 823) 

Regulation .02 amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726) 

Regulation .02A amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .02B amended effective May 4, 1998 (25:9 Md. R. 680) 

Regulation .02D amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306); March 5, 2012 (39:4 Md. R. 339) 

Regulation .02E amended effective March 5, 2012 (39:4 Md. R. 339) 

Regulation .02G amended effective May 8, 1995 (22:9 Md. R. 653); ; March 5, 2012 (39:4 Md. R. 339) 

Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2131) 

Regulation .03 repealed and new Regulation .03 adopted effective September 22, 1997 (24:19 Md. R. 1344) 

Regulation .06 amended effective November 1, 2010 (37:22 Md. R. 1555) 

Regulation .07 amended effective May 8, 1991 (18:6 Md. R. 688); June 5, 1995 (22:11 Md. R. 823); August 24, 1998 (25:17 Md. R. 1362); effective April 19, 

2010 (37:8 Md. R. 622) 

Regulation .07A amended adopted effective August 19, 1991 (18:16 Md. R. 1813); February 15, 1993 (20:3 Md. R. 260) 

Regulation .07D adopted effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .07F adopted effective September 8, 1997 (24:18 Md. R. 1288) 

Regulation .07-1 adopted effective June 15, 1998 (25:12 Md. R. 949) 

Regulation .08 amended effective May 26, 2014 (41:10 Md. R. 566) 

Regulation .09B amended effective February 17, 1992 (19:3 Md. R. 306) 

Regulation .09 repealed and new Regulation .09 adopted effective June 5, 1995 (22:11 Md. R. 823) 

Regulation .09-1 adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .10 amended effective May 8, 1991 (18:6 Md. R. 688); June 5, 1995 (22:11 Md. R. 823); adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .10C amended effective April 26, 1993 (20:8 Md. R. 726) 

Regulation .10-1 adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .11 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .11 amended effective June 5, 1995 (22:11 Md. R. 823); October 31, 2011 (38:22 Md R. 1347) 

Regulation .11B and C amended effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .12 amended effective June 20, 1989 (16:9 Md. R. 995); July 16, 1990 (17:11 Md. R. 1344); September 22, 1997 (24:19 Md. R. 1344) 

Regulation .12F amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) 

Regulation .13 amended effective May 16, 2011 (38:10 Md. R. 617) 

Regulation .13B amended effective May 8, 1991 (18:6 Md. R. 688); September 22, 1997 (24:19 Md. R. 1344); August 24, 1998 (25:17 Md. R. 1362) 

Regulation .13B amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .13-1 adopted effective September 22, 1997 (24:19 Md. R. 1344) 

Regulation .13-1 repealed and new Regulation .13-1 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .13-1 amended effective October 15, 2001 (28:20 Md. R. 1783) 

Regulation .13-2 adopted effective August 24, 1998 (25:17 Md. R. 1362) 

Regulation .13-3 adopted effective June 29, 1998 (25:13 Md. R. 997) 

Regulation .14B amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .15 amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .15A amended effective March 22, 1999 (26:6 Md. R. 488); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .15C amended effective February 15, 1993 (20:3 Md. R. 260); May 4, 1998 (25:9 Md. R. 680); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .16 adopted effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .17 adopted effective November 7, 1994 (21:22 Md. R. 1879) 

Regulation .17 amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .17C, D amended effective June 5, 1995 (22:11 Md. R. 823) 

Regulation .18 adopted effective November 7, 1994 (21:22 Md. R. 1879) 
DEPARTMENT OF THE ENVIRONMENT 

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Regulation .18 amended effective August 24, 1998 (25:17 Md. R. 1362); June 10, 2002 (29:11 Md. R. 890) 

Regulation .18A, C, E, I amended effective June 5, 1995 (22:11 Md. R. 824) 

Regulation .19 adopted effective July 3, 1995 (22:13 Md. R. 970) 

Regulation .19 repealed and new Regulation .19 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .20 adopted effective March 9, 1998 (25:5 Md. R. 371) 

Regulation .20 amended effective March 22, 1999 (26:6 Md. R. 488) 

Regulation .21 adopted effective July 3, 1995 (22:13 Md. R. 970) 

Regulation .22 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .23 adopted effective May 22, 1995 (22:10 Md. R. 709) 

Regulation .23 repealed and new Regulation .23 adopted effective April 16, 2012 (39:7 Md. R. 496) 

Regulation .24 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .25 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .26 adopted effective August 11, 1997 (24:16 Md. R. 1162) 

Regulation .26A amended effective September 28, 2015 (42:19 Md. R. 1229) 

Regulation .26-1 adopted effective September 28, 2015 (42:19 Md. R. 1229) 

Regulation .27 adopted effective October 20, 1997 (24:21 Md. R. 1453) 

Regulation .27-1 adopted effective November 12, 2012 (39:22 Md. R. 1430) 

Regulation .28 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .29 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .29 amended effective October 15, 2001 (28:20 Md. R. 1783) 

Regulation .30 adopted effective January 8, 2001 (27:26 Md. R. 2359) 

Regulation .30 amended effective December 10, 2001 (28:24 Md. R. 2131); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .30 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); amended permanently effective April 21, 2008 (35:8 Md. R. 

809) 

Regulation .31 adopted effective June 5, 2006 (33:11 Md. R. 951) 

Regulation .32 adopted effective April 21, 2008 (35:8 Md. R. 809); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .33 adopted effective April 19, 2010 (37:8 Md. R. 623) 
26.11.20 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 20 Mobile Sources 

Authority: Environment Article, §§2-102, 2-103, and 2-301, Annotated Code of Maryland 

.01 Visible Emissions from Ships. 

A person or agent may not cause or permit the discharge of emissions from any ship in excess of the following limits: 

Operating Mode 

Maximum Opacity or 

Ringelmann Chart Number Allowable Time 

A. Underway, at berth, or at anchor 20%—1 No limit. 

B. Soot blowing: 

(1) Underway within 1 mile (1.6 

kilometer) of any shore 

— No soot blowing allowed. 

(2) At berth or anchor: 

(a) Within first or last 24 hours of 

arrival or departure 

— No soot blowing allowed. 

(b) Any other 24-hour period No limit 15 minutes for each boiler in operation provided 

that no nuisance is created. 

C. Cleaning and adjusting of 

combustion equipment while at berth or 

anchor 

40%—2 Not to aggregate more than 4 minutes in any 60-

minute period. 

D. Start-up of cold boiler or engine No limit 5 consecutive minutes. 

60%—3 10 consecutive minutes additional. 

E. Anchoring, berthing, or other 

maneuvering requiring rapid changes in 

power 

80%—4 No limit. 

F. Upset/breakdown/emergency 

casualty or Coast Guard safety tests 

No limit No limit. The control officer shall be notified as 

to the reason for the excessive emissions. 

G. Docktrials of new or rebuilt boilers 

or engines 

No limit No limit provided a nuisance is not created and 

the control officer has been notified before 3 p.m. 

the day before the docktrials are to be conducted. 

.02 Motor Vehicle Emission Control Devices. 

A. Removal of Control Devices. A person may not remove, alter, or otherwise render inoperative, exhaust emission control, 

crankcase ventilation, or any other air pollution control device which has been installed as a requirement of federal law or 

regulation. 

B. Operation of Motor Vehicles. A person may not operate a motor vehicle originally equipped with air pollution control 

devices as required by federal law or regulation unless these devices are in place and in operating condition. 

C. Exceptions. The requirements of §§A and B of this regulation do not apply to an alteration or modification to use a fuel 

other than gasoline if it has been shown that the emissions from the modified or altered vehicle are at levels which comply with 

existing State or federal standards for emissions from motor vehicles. 

.03 Motor Vehicle Fuel Specifications. 

A. Definitions. For the purposes of this regulation, the definitions specified in COMAR 03.03.05.01 and COMAR 03.03.06 

apply. 

B. Applicability. Unless otherwise indicated in COMAR 03.03.05 and COMAR 03.03.06, this regulation applies Statewide. 
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C. Volatility. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to an 

ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or 

otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the vapor pressure requirements specified in 

COMAR 03.03.05.01-1D, as applicable during the period May 1 through September 15 inclusive, and the requirements of 

COMAR 03.03.06. 

D. Oxygen Content. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to 

an ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or 

otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the oxygen content requirements specified in 

COMAR 03.03.05.01-1N and COMAR 03.03.06. 

E. Record Keeping and Transfer Documentation. A person who handles, transports, or otherwise transfers gasoline shall 

comply with the record-keeping and transfer documentation requirements of COMAR 03.03.06. 

F. Inspections. The Department and its representatives have the right to enter at reasonable times and inspect any site, 

building, or equipment to determine compliance with the requirements of this regulation. 

.04 National Low Emission Vehicle Program. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Heavy-duty vehicle" means a motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000 

pounds, except passenger cars. 

(2) "Light-duty truck" means a motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is: 

(a) Designed primarily for purposes of transportation of property or is a derivative of such a vehicle; or 

(b) Available with special features enabling off-street or off-highway operation and use. 

(3) "Medium-duty vehicle" means any: 

(a) Pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,500 pounds or less; 

(b) 1992 and subsequent model year heavy-duty low-emission vehicle or ultra-low-emission vehicle, or zero-emission 

vehicle, having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; or 

(c) 1995 and subsequent model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 14,000 

pounds or less. 

(4) "National LEV" means the Voluntary National Low Emission Vehicle Program whose provisions appear at 40 CFR Part 

86, Subpart R. 

(5) "Passenger car" means a motor vehicle designed primarily for transportation of individuals and having a design capacity 

of 12 individuals or less. 

B. All other terms have the meanings specified in 40 CFR Part 86, Subpart R. 

C. Applicability. This regulation applies Statewide. 

D. General. 

(1) For the duration of Maryland's participation in the National LEV, manufacturers may comply with the National LEV or 

equally stringent mandatory federal standards in lieu of compliance with any program, including any mandates for sales of zero 

emission vehicles, adopted by Maryland pursuant to the authority provided in §177 of the Clean Air Act applicable to passenger 

cars, light-duty trucks of 6,000 pounds gross vehicle weight rating or less, or medium-duty vehicles of 6,001 to 14,000 pounds 

gross vehicle weight, if designed to operate on gasoline. 

(2) Maryland's participation in the National LEV extends until model year 2006, except as provided in 40 CFR §86.1707. If, 

not later than December 15, 2000, the U.S. EPA does not adopt emissions standards at least as stringent as the National LEV 

standards provided in 40 CFR Part 86, Subpart R, that apply to new motor vehicles in model year 2004, 2005, or 2006, 

Maryland's participation in the National LEV extends only until model year 2004, except as provided in 40 CFR §86.1707. 

(3) If a covered manufacturer, as defined at 40 CFR §86.1702, opts out of the National LEV program pursuant to the EPA 

National LEV regulations at 40 CFR §86.1707, the transition from the National LEV requirements to any Maryland §177 

program applicable to passenger cars, light-duty trucks of 6,000 pounds gross vehicle weight or less, or medium-duty vehicles of 
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6,001 to 14,000 pounds gross vehicle weight, if designed to operate on gasoline, will proceed in accordance with the EPA 

National LEV regulations at 40 CFR §86.1707. 

.05 Diesel Vehicle Emissions Control Program. 

The regulations found in COMAR 11.21.02 have been jointly adopted by the Department of the Environment, the Department 

of State Police, and the Department of Transportation, and will not be duplicated in Title 26. These regulations should be cited 

under COMAR 11.21.02. 

.06 Heavy Duty Diesel Engines. 

A. This regulation applies to: 

(1) Heavy-duty diesel engines produced for the 2005 and subsequent model years; and 

(2) New motor vehicles containing heavy-duty diesel engines produced for the 2005 and subsequent model years. 

B. Exemptions. This regulation does not apply to: 

(1) 2005 or subsequent model year heavy-duty diesel engines manufactured: 

(a) By an ultra-small volume manufacturer; or 

(b) For use in an urban bus; 

(2) Heavy-duty diesel engines for which the California Air Resources Board, following a technology review in 2003, 

determines that compliance is inappropriate for engines of a particular model year and engine family; 

(3) Vehicles: 

(a) Exempted from the provisions of Title 13, CCR, §1956.8 by the California Health and Safety Code, §43656; 

(b) For which there has been issued a federal certificate of conformity under the Clean Air Act (42 U.S.C. §7401 et seq.) 

and which was originally registered in another state by a resident of that state who: 

(i) Subsequently establishes residency in Maryland; and 

(ii) Upon registration of the vehicle in Maryland, provides satisfactory evidence to the Motor Vehicle Administration 

of the previous residence and vehicle registration; or 

(c) Acquired out-of-State by a resident of Maryland at the time of and for the purpose of replacing a vehicle registered to 

the resident which was: 

(i) Damaged or became inoperative beyond reasonable repair while out-of-State; or 

(ii) Stolen while outside of Maryland; 

(4) Emergency vehicles; 

(5) Military tactical vehicles and equipment; or 

(6) Vehicles transferred by: 

(a) Inheritance; or 

(b) Any of the following actions entered by a court of competent jurisdiction; 

(i) Divorce; 

(ii) Dissolution; or 

(iii) Legal separation. 

C. Definitions. In this regulation, the following terms have the meanings indicated. 

(1) "CCR" means California Code of Regulations. 

(2) "Department" means the Department of the Environment. 

(3) "Executive order" means a document issued by the California Air Resources Board certifying that a specified engine 

family or model year vehicle has met all applicable Title 13 CCR requirements for certification and sale in California. 
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(4) "Heavy-duty diesel engine" means a diesel engine that is used to propel a heavy-duty motor vehicle. 

(5) "Heavy-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating of 14,001 pounds or greater. 

(6) "Model year" means: 

(a) The manufacturer's annual production period, which includes January 1 of a calendar year; 

(b) The calendar year, if the manufacturer has no annual production period; or 

(c) In the case of a vehicle manufactured in two or more stages, the date of completion of the chassis. 

(7) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred to an 

ultimate purchaser. 

(8) "New motor vehicle engine" means a new engine in a motor vehicle. 

(9) "Title 13, CCR, §1956.8" means the California Code of Regulations section pertaining to exhaust emission standards 

and test procedures for 1985 and subsequent model year heavy-duty engines and vehicles, which is incorporated by reference in 

§D of this regulation. 

(10) "Ultimate purchaser" means, with respect to a new motor vehicle or new motor vehicle engine, the first person who in 

good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale. 

(11) "Ultra-small volume manufacturer" means a manufacturer with California sales, based on the average number of 

vehicles and engines sold by the manufacturer in the previous three consecutive model years, of 300 or fewer of the following 

vehicles per model year: 

(a) Passenger cars; 

(b) Light-duty trucks; 

(c) Medium-duty vehicles; 

(d) Heavy-duty vehicles; and 

(e) Heavy-duty engines. 

(12) "Urban bus" has the meaning stated in Title 13, CCR, Division 3, Chapter 1, Article 2, §1956.2. 

D. Incorporation by Reference. The provisions of Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, 

Article 2, §1956.8 Exhaust Emission Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and 

Vehicles, as amended December 12, 2002, and the definition for urban bus under Title 13, California Code of Regulations (CCR), 

Division 3, Chapter 1, Article 2, §1956.2, are incorporated by reference, but only those provisions that pertain to the requirements 

for Model Year 2005 and subsequent heavy-duty diesel engines and heavy-duty diesel vehicles with a gross vehicle weight rating 

of 14,001 pounds or greater. 

E. Requirements for Vehicle Registration, Transaction, and Use. For 2005 or later model year heavy-duty diesel engines, or 

motor vehicles containing these engines, which are primarily intended for use or registration within Maryland, a resident of 

Maryland or a person who operates a business within Maryland may not commit the following acts, unless the engine 

manufacturer has received a California executive order for that engine: 

(1) Sell, lease, rent, import, deliver, purchase, acquire, or receive in Maryland; 

(2) Offer for sale, lease, or rental in Maryland; or 

(3) Attempt or assist in the actions listed in §E(1) and (2) of this regulation. 

F. Manufacturer Compliance with California Orders and Voluntary Recalls. 

(1) Any order or enforcement action taken by the California Air Resources Board to correct noncompliance with the 

requirements under Title 13, CCR, §1956.8, shall be applicable to all such engines and motor vehicles subject to this regulation, 

unless the manufacturer demonstrates to the Department's satisfaction, within 21 days of issuance of the California Air Resources 

Board action, that this action is not applicable to such engines or vehicles in Maryland. 

(2) Any voluntary or influenced emission-related recall campaign initiated by any manufacturer under Title 13, CCR, 

§§2113—2121, shall extend to all applicable engines and motor vehicles subject to this regulation, unless the manufacturer 
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demonstrates to the Department's satisfaction, within 21 days of the approval of the campaign by the California Air Resources 

Board action, that this campaign is not applicable to such engines or vehicles in Maryland. 

G. Termination of this Regulation. If the U.S. Environmental Protection Agency establishes heavy-duty diesel engine 

standards that are at least as stringent as the standards adopted under this regulation, this regulation and any programs or policies 

established under this regulation shall be terminated at the end of the model year during which the U.S. Environmental Protection 

Agency standards are effective. 

Administrative History 

Effective date: July 18, 1980 (7:12 Md. R. 1148) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

Regulation .01 recodified as Regulation .06 and new Regulations .01 and .03—.05 adopted effective November 19, 1983 (10:20 Md. R. 1786) 

—————— 

Chapter recodified from COMAR 10.18.22 to COMAR 26.11.20 

Regulations .01, .03, and .04 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 338) 

Regulations .01 and .03—.05 repealed and Regulations .02 and .06 recodified to Regulations .01 and .02 effective June 26, 1989 (16:10 Md. R. 1110) 

Regulation .03 adopted effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894) 

Regulation .04 adopted effective March 22, 1999 (26:6 Md. R. 488) 

Regulation .05 adopted effective July 10, 2000 (27:13 Md. R. 1212) 

Regulation .06 adopted effective December 10, 2001 (28:24 Md. R. 2132) 

Regulation .06D amended effective May 9, 2005 (32:9 Md. R. 850) 
26.11.26 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 26 Conformity 

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 Purpose and Scope. 

The purpose of this chapter is to implement §176(c)(4)(E) of the Clean Air Act (CAA), as amended (42 U.S.C. §7401 et seq.), 

and the related requirements of 23 U.S.C. §109(j), with respect to the conformity of transportation plans, programs, and projects 

which are developed, funded, or approved by the United States Department of Transportation (DOT), and by metropolitan 

planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter

53). This chapter sets forth policy, criteria, and procedures for demonstrating and assuring conformity of these activities to an 

applicable implementation plan developed pursuant to §110 and Part D of the CAA. The requirements in this chapter are 

applicable in areas of the State designated by the U.S. Environmental Protection Agency as nonattainment or maintenance areas 

for any relevant National Ambient Air Quality Standards (NAAQS). 

.02 Definitions. 

A. In this chapter, all terms not defined in this regulation have the meanings stated in 40 CFR §§93.101 and 93.152, as 

amended, which is incorporated by reference. 

B. Terms Defined. 

(1) "Adopt or approve of" a regionally significant project means the first time any of the following actions are necessary to 

authorize a project to occur: 

(a) Any policy board action necessary for the project to proceed; 

(b) The issuance of administrative permits for the project; 

(c) The execution of a contract to construct the project; 

(d) Any final action of a board, commission, or administrator authorizing or directing employees to proceed with 

construction of the project; or 

(e) Any written decision or authorization from the metropolitan planning organization (MPO) that the project may be 

adopted or approved. 

(2) "Applicable implementation plan", "applicable SIP", and "State implementation plan" mean the Maryland State 

Implementation Plan (SIP), including revisions approved by the United States Environmental Protection Agency (EPA) and any 

Federal Implementation Plan adopted by EPA that applies to Maryland. 

(3) "Cooperation" means that the parties involved in carrying out the planning, programming, and management systems 

processes work together to achieve a common goal or objective. 

(4) "Department" means the Department of the Environment. 

(5) "Governor" means the Governor of Maryland. 

(6) "MDOT" means the Maryland Department of Transportation. 

(7) Metropolitan Planning Organization (MPO). 

(a) "Metropolitan planning organization (MPO)" means the: 

(i) Organization responsible, together with the State, for conducting the continuing, cooperative, and comprehensive 

planning process under 23 U.S.C. §134 and 49 U.S.C. §5303; and 

(ii) Forum for cooperative transportation decision making. 

(b) "Metropolitan planning organization (MPO)" includes: 

(i) The "Baltimore Regional Transportation Board (BRTB)," the MPO for the Baltimore region, which includes Anne 

Arundel, Baltimore, Carroll, Harford, and Howard counties and the cities of Baltimore and Annapolis; 
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(ii) The "Hagerstown/Eastern Panhandle (HEP)" MPO for the Hagerstown area, which includes Washington County, 

Maryland and the counties of Berkeley and Jefferson in West Virginia; 

(iii) The "National Capital Transportation Planning Board (TPB) ", the MPO for the Washington region, which 

includes Frederick, Montgomery, and Prince George's counties in Maryland, the District of Columbia, and Northern Virginia; and 

(iv) The "Wilmington Area Planning Council (WILMAPCO)", the MPO for New Castle County, Delaware and Cecil 

County, Maryland. 

(8) Regional Planning Organization (RPO). 

(a) "Regional planning organization" means an organization certified by the Governor as being responsible for the 

preparation of air quality plans for a nonattainment area under §174 of the federal Clean Air Act. 

(b) "Regional planning organization" may include elected officials of State and local governments in the affected 

nonattainment area, or representatives of the MDE, MDOT, and MPOs for the affected area. 

(c) "Regional planning organization" is the forum for a cooperative decision-making process for air quality planning in 

the RPO's specific nonattainment area. 

(9) "State" means the State of Maryland. 

(10) "State air agency" means the Maryland Department of the Environment, Air and Radiation Management 

Administration. 

(11) "Statewide transportation improvement program (STIP)" means a staged, multiyear, intermodal program of 

transportation projects covering the State, which is consistent with the Statewide transportation plan and metropolitan 

transportation plans, and developed under 23 CFR 450. 

(12) "Statewide transportation plan" means the official intermodal Statewide transportation plan that is developed through 

the Statewide planning process for the State, under 23 CFR 450. 

(13) Transportation Control Measure (TCM). 

(a) "Transportation Control Measure" means: 

(i) A measure that is specifically identified and committed to in the applicable implementation plan that is either one 

of the types listed in §108 of the Clean Air Act; or 

(ii) Any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation 

sources by reducing vehicle use or changing traffic flow or congestion conditions. 

(b) "Transportation control measure" does not include vehicle technology-based, fuel-based, and maintenance-based 

measures which control the emissions from vehicles under fixed traffic conditions. 

.03 Transportation Conformity. 

A. Applicability to Transportation-Related Projects Subject to Federal Regulations. All transportation plans, programs, and 

projects developed, funded, or approved in Maryland, under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. §1601 et seq.)

shall conform to the Maryland State Implementation Plan. 

B. Requirement for Conformity. Each agency and organization charged with the responsibility to make transportation 

conformity determinations shall do so pursuant to this chapter and the provisions of 40 CFR Part 93, Subpart A, as amended, 

which is incorporated by reference. 

.04 Transportation Conformity — Consultation in General. 

A. The MPOs, RPOs, the Department, and MDOT shall comply with the procedures in this chapter governing interagency 

consultation, conflict resolution, and public consultation with each other and with divisional or regional offices of the EPA, 

Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) on the development of: 

(1) Control strategy implementation and maintenance plan revisions; 

(2) The list of TCMs in applicable implementation plans; 

(3) The Unified Planning Work Program (UPWP) under 23 CFR §450.314; 

(4) Transportation plans; 
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(5) Transportation improvement programs (TIPs); and 

(6) Associated conformity determinations required by this chapter. 

B. An agency may not participate in the consultation process unless it is identified as a participating agency in this chapter. 

.05 Transportation Conformity — Interagency Consultation Requirements. 

A. Consultation Process. 

(1) Representatives of the MPOs, RPOs, the Department, and MDOT shall undertake an interagency consultation process 

with the FHWA, FTA, and EPA, in accordance with this regulation and Regulations .06—.08 of this chapter on the development 

of: 

(a) UPWP, transportation plans, TIPs, any revisions to them, and associated conformity determinations; and 

(b) The SIP and revisions to the SIP. 

(2) The MPOs are the lead agencies responsible for preparing an amendment or revision of the UPWP, the transportation 

plan, or the TIP and for making conformity determinations. 

(3) In nonmetropolitan, or rural nonattainment and maintenance areas, the MDOT is the lead agency responsible for 

preparing amendments or revisions to the Statewide transportation plan, or the Statewide TIP, and making conformity 

determinations. 

(4) The Department is the lead agency responsible for preparing revisions to the SIP and incorporating TCMs recommended 

by the MPOs and MDOT. 

(5) In the case of metropolitan nonattainment and maintenance areas that have a certified RPO, the RPO is the agency 

responsible for preparing an air quality plan and for assuring the adequacy of the interagency consultation process with respect to 

the development of the proposed air quality plan, and any amendments or revisions to the plan. 

B. When serving as lead agency, the MPOs, RPOs, MDOT, and MDE have the following responsibilities: 

(1) Initiating the applicable consultation process by notifying other participants, convening meetings, preparing summaries, 

assuring that all relevant documents and information are supplied to all participants in the consultation process in a timely 

manner, maintaining a written record of the consultation process, and providing final documents and supporting information to 

each participating agency after approval or adoption; 

(2) Enabling regular consultation on major activities (such as the development of a transportation plan, the development of 

a TIP, any determination of conformity on transportation plans or TIPs, or the development of a SIP) including meetings 

beginning on a date determined by the lead agency to be adequate to meet the date a final decision is required and continuing at a 

frequency mutually agreed upon by the affected agencies; 

(3) Convening meetings of technical staff as necessary; 

(4) Conferring with all other agencies identified in §A of this regulation with an interest in the planning process, providing 

all information to those agencies needed for meaningful input, soliciting early and continuing input from those agencies, before 

taking any action, considering the views of each agency and responding to those views in a timely, substantive written manner, 

and making the views and written response part of the record of any decision or action; 

(5) When not fulfilling the responsibilities of a lead agency, reviewing and commenting as appropriate (including comments 

in writing) on all proposed decisions and actions in a timely manner, attending consultation and decision meetings, providing 

input on any area of substantive expertise or responsibility, and providing technical assistance to the lead agency or to the 

consultation process when requested. 

C. In addition to serving as lead agency pursuant to §A(2) of this regulation, the MPOs are responsible for: 

(1) Developing or approving transportation and related socioeconomic data and local planning assumptions, or both, and 

providing data and assumptions for use in air quality analysis for SIP tracking and conformity of transportation plans, TIPs, and 

projects; 

(2) Providing transportation demand forecasting for development of on-road mobile source emissions inventories by the 

Department and MDOT; 
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(3) In cooperation with MDOT, evaluating potential TCM projects and impacts; 

(4) In cooperation with MDOT, monitor regionally significant projects to determine a need for emissions modeling; 

(5) In cooperation with MDOT, providing technical and policy input into the development of emissions budgets; 

(6) In cooperation with MDOT, consulting with other MPOs on emissions analysis for transportation activities which cross 

the borders of the MPOs or nonattainment areas; 

(7) In cooperation with MDOT, determining which transportation projects should be considered "regionally significant" for 

the purpose of regional emission analysis (in addition to those functionally classified as principal arterial roadway or higher

classifications, fixed guideway systems, or extensions that offer an alternative to regional highway travel), and which projects 

should be considered to have a significant change in design concept and scope from the transportation plan or TIP; 

(8) In cooperation with MDOT, assuring that plans for construction of regionally significant projects which are not FHWA 

or FTA funded or approved projects (including projects for which alternative locations, design concept and scope, or the no-build 

options are still being considered), including all plans by recipients of funds designated under 23 U.S.C or the Federal Transit 

Act, are disclosed by the MPO members on a regular basis, and assuring that any changes to those plans are immediately 

disclosed and the interagency consultation process undertaken involving the MPO and MDOT and the recipients of funds 

designated under 23 U.S.C. or the Federal Transit Act; 

(9) In cooperation with MDOT, designing, scheduling, and funding research and data collection efforts and model 

developments in regional transportation, such as household or travel transportation surveys; 

(10) In cooperation with MDOT and the Department, evaluating and choosing each model or models and associated 

methods and assumptions to be used in regional transportation demand analysis, including vehicle miles traveled (VMT) 

forecasting; 

(11) In cooperation with the Department and MDOT, evaluating whether projects otherwise exempted from meeting the 

requirements of 40 CFR §93.127 should be treated as nonexempt in cases where potential adverse emissions impacts may exist 

for any reason; 

(12) In cooperation with MDOT and the Department, making a determination as required by 40 CFR §93.113, whether past 

obstacles to implementation of TCMs that are behind the schedule established in the applicable implementation plan have been 

identified and are being overcome, and whether State and local agencies with influence over approvals or funding for TCMs are 

giving maximum priority to approvals or funding for TCMs, and as part of this consultation, considering whether delays in TCM 

implementation necessitate revisions to the applicable implementation plan to remove TCM or substitute TCMs or other emission 

reduction measures; 

(13) In cooperation with MDOT and the Department, determining what forecast of vehicle miles traveled (VMT) to use in 

establishing or tracking emissions budgets, developing transportation plans, TIPs, or control strategy implementation plan 

revisions, or making conformity determinations; 

(14) In cooperation with MDOT and the Department, evaluating events which may trigger new conformity determinations 

in addition to those triggering events established by 40 CFR §93.104; 

(15) In cooperation with MDOT and the Department, developing assumptions regarding the location and design concept 

and scope of projects which are disclosed to the MPO as required by this regulation, but whose sponsors have not yet decided 

these features in sufficient detail to perform the regional emissions analysis according to the requirements of 40 CFR §93.122, as 

amended; 

(16) In cooperation with MDOT and the Department, consulting with the FHWA and FTA on timely action on final 

findings of conformity; and 

(17) In cooperation with MDOT and the Department, obtaining guidance on conformity and the transportation planning 

process for agencies involved in the interagency consultation process. 

D. In addition to serving as lead agency pursuant to §A(3) of this regulation, MDOT is responsible for: 

(1) Circulating draft and final environmental impact or assessment documents to appropriate agencies; 

(2) Convening air quality technical review meetings on specific projects as needed or when requested by other agencies; 
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(3) In rural nonattainment areas and areas not included in an MPO, assuring the proper completion of transportation 

modeling and regional emissions analyses and the documentation of timely implementation of TCMs needed for conformity 

assessments; and 

(4) Representing jurisdictions outside the metropolitan planning area within the nonattainment or maintenance area on the 

MPO when determining conformity on all projects in those areas. 

E. In addition to serving as lead agency pursuant to §A(4) of this regulation, the Department is responsible for: 

(1) Developing emissions inventories and budgets; 

(2) Tracking attainment of air quality standards and emission factor model updates; 

(3) Gaining final approval at the State level for control strategy implementation plan revisions and maintenance plans; 

(4) In cooperation with MDOT, choosing conformity tests and methodologies for isolated rural nonattainment and 

maintenance areas; 

(5) In cooperation with MDOT, evaluating and choosing each model or models and associated methods and assumptions to 

be used in hot-spot analysis; 

(6) In cooperation with MDOT and MPOs, consulting with the EPA on review and approval of updated motor vehicle 

emissions factors, emission inventories, and budgets; 

(7) In cooperation with MDOT and MPOs, obtaining guidance on conformity criteria and procedures for the agencies 

involved in the interagency consultation process; and 

(8) In nonattainment areas where an RPO has been certified, cooperating with the RPO in the development of emissions 

inventories and budgets, and in the development of regional air quality plans. 

.06 Transportation Conformity — Conflict Resolution Associated with Conformity Determinations. 

A. Unresolved conflicts among State agencies, or between State agencies and the MPOs, or among the MPO member 

jurisdictions, shall be identified by an MPO or agency in writing to the other MPO, the Department, or MDOT, with copies to the

FHWA, FTA, and EPA. The MPOs or agency's written notice shall: 

(1) Explain the nature of the conflict; 

(2) Review options for resolving the conflict; 

(3) Describe the MPO's or agency's proposal to resolve the conflict; 

(4) Explain the consequences of not reaching a resolution; and 

(5) Request that comments on the matter be received within 2 weeks. 

B. If the action in §A of this regulation does not result in a resolution of the conflict, one of the following applies: 

(1) If the conflict is between the MPOs or between the MPOs and MDOT then the parties shall follow the coordination 

procedures of 23 CFR §450.210; 

(2) If the conflict is between the MPOs or MDOT and the Department and the conflict cannot be resolved by the affected 

agency heads: 

(a) The Secretary of the Environment may elevate the conflict to the Governor in accordance with the procedures of §C 

of this regulation, or 

(b) If the MDE Secretary does not appeal to the Governor within 14 days as provided in §C of this regulation, the MPO 

or MDOT may proceed with its final conformity determination; 

(3) In the case of interstate nonattainment areas, if the conflict involves agencies outside of Maryland, and the conflict 

cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties 

involved. 
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C. Appeals to the Governor by the Secretary of the Environment under the provisions of §B(2) of this regulation shall be in 

accordance with the following procedures: 

(1) The Secretary of the Environment has 14 calendar days to appeal to the Governor after the MPO or MDOT has notified 

the Secretary of the MPO's or MDOT's resolution of the Department's comments; 

(2) The notification to the Secretary shall be in writing and shall be hand-delivered; 

(3) The 14-day appeal commences when MDOT or MPO has confirmed receipt by the Secretary of the agency's or MPO's 

resolution of the Department's comments; 

(4) The appeal to the Governor shall contain: 

(a) The conformity determination and any supporting documentation, 

(b) The Department's comments on the determination, and 

(c) Any response by the MPOs or MDOT to the MDE; 

(5) The Department shall provide a complete appeal package to the MPO and MDOT within 24 hours following the date on 

which the appeal is filed with the Governor's Office; 

(6) If the Governor does not concur with the conformity determination, the Governor may direct revision of the applicable 

implementation plan, revision of the planned program of projects, revision of the conformity analysis, or any combination of 

these; 

(7) If the Governor concurs with the conformity determination made by the MPO and MDOT, the MPO and MDOT may 

proceed with the final conformity determination; and 

(8) The Governor may delegate the Governor's role in this process, but not to the agency head or staff of the MDE or 

MDOT. 

D. This regulation does not prevent the State agencies and MPOs from making efforts on their own initiative to obtain mutual 

conflict resolution through conferences or other appropriate means. 

.07 Transportation Conformity — Public Consultation Procedures. 

A. In accordance with 40 CFR §93.105(e), the MPOs shall: 

(1) Establish a proactive public involvement process which provides reasonable opportunity for review and comment before 

taking formal action on a conformity determination for all transportation plans and TIPs, consistent with the requirements of 23 

CFR §450.316(b); 

(2) Release information supporting conformity determinations at the beginning of the public comment period; and 

(3) Assess and impose reasonable charges for public inspection and copying of such information, consistent with the fee 

schedule contained in 49 CFR §7.43. 

B. If the public disagrees with the MPO's decision about whether a project is regionally significant and whether it was 

modeled properly in the emission analysis supporting a proposed conformity finding for a transportation plan or TIP, a written 

explanation shall be provided by the MPO upon request by the public. 

C. The MPOs shall also provide an opportunity for public involvement in conformity determinations for projects when 

otherwise required by law. 

.08 Transportation Conformity — Interagency Consultation Procedures. 

The MPOs, RPOs, MDOT, and the Department may enter into agreements to set forth specific consultation procedures in more 

detail that are not in conflict with this chapter. 

.09 General Conformity. 

Each department, agency, and instrumentality of the federal government shall comply with the general conformity 

requirements of 40 CFR Part 93, Subpart B, as amended, which is incorporated by reference. This regulation addresses and 

replaces the requirements at 40 CFR §93.151 for a revision to the Maryland State Implementation Plan. 
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Administrative History 

Effective date: June 5, 1995 (22:11 Md. R. 825) 

Chapter revised effective April 6, 1998 (25:7 Md. R. 530) 

—————— 

Chapter revised effective August 9, 1999 (26:16 Md. R. 1246) 

Regulation .01 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .02 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .03B amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .04 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .05C amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .05E amended effective January 29, 2007 (34:2 Md. R. 139); June 30, 2008 (35:13 Md. R. 1182) 

Regulation .07A amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .08 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .09 amended effective January 29, 2007 (34:2 Md. R. 139) 
26.11.33 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 33 Architectural Coatings 

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 Applicability and Exemptions. 

A. Except as provided in §§B—E of this regulation, this chapter applies to a person who, on or after January 1, 2005: 

(1) Supplies, sells, offers for sale, or manufactures an architectural coating for use within the State; or 

(2) Applies or solicits the application of an architectural coating within the State. 

B. Exemptions. This chapter does not apply to the following products: 

(1) An architectural coating that is sold or manufactured for: 

(a) Use outside of the State; 

(b) Shipment to other manufacturers for reformulation or repackaging; 

(2) An aerosol coating product; or 

(3) An architectural coating that is sold in a container with a volume of 1 liter (1.057 quart) or less. 

C. Sell-Through of Coatings. 

(1) A coating manufactured before the effective date of January 1, 2005, may be sold, supplied, or offered for sale after the 

effective date. 

(2) A coating that complies with the standards in effect at the time of manufacture may be applied at any time. 

(3) The provisions of this section do not apply to a coating that does not display the date or date code required under 

Regulation .12 of this chapter. 

D. Good Faith Effort; Discontinuance of Sale. 

(1) A retailer who makes an architectural coating available for sale that violates the standards in this chapter is not in 

violation of this chapter if: 

(a) The retailer demonstrates to the satisfaction of the Department that the purchase was made with reasonable good faith 

efforts to assure that the coating met applicable State requirements; and 

(b) The retailer, upon determining that a noncomplying coating was purchased, immediately discontinues sale of the 

coating in the State. 

(2) Good faith efforts include the following: 

(a) Written communication with manufacturers and distributors that only complying coatings will be acceptable for sale 

in the State; 

(b) Written agreements between the retailer and the manufacturers and distributors, in which the manufacturers and 

distributors commit to supply only complying coatings; 

(c) The implementation of a self-audit program that periodically evaluates the purchase and sale of architectural coatings 

regulated under this chapter; and 

(d) The use of invoices, purchase orders, and other contractual and billing documents, which specify that only complying 

coatings are acceptable. 

E. Alternative Standards. 

(1) A person subject to this chapter may request an alternative standard in accordance with this section. 

(2) A person who requests an alternative standard with a higher VOC content than the standards in Regulation .05 of this 

chapter shall demonstrate to the Department's satisfaction that implementation of an alternative standard will not result in a 

decrease in the total emission reduction that would result from implementing the standards in Regulation .05 of this chapter. 

(3) If a request is approved by the Department, the alternative standard shall be adopted as a regulation. 
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Effective as of November 12, 2010 

(4) The standards in Regulation .05 of this chapter apply on January 1, 2005, unless an alternative standard is adopted by 

the Department as a regulation. 

.02 Test Methods — Incorporation by Reference. 

A. In this chapter, the following documents are incorporated by reference. 

B. Documents Incorporated. 

(1) Flame Spread Index. The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation: 

E 84-01, "Standard Test Method for Surface Burning Characteristics of Building Materials". 

(2) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Designation: 

E 119-00a, "Standard Test Methods for Fire Tests of Building Construction Materials". 

(3) Gloss Determination. The gloss of a coating shall be determined by ASTM Designation: D 523-89 (Reapproved 1999), 

"Standard Test Method for Specular Gloss". 

(4) Metal Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality 

Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction", (Approved July 1996) SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(5) Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Designation: D 1613-96 

(Reapproved 1999), "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, 

Lacquer, and Related Products". 

(6) Drying Times. 

(a) The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating shall be determined by ASTM 

Designation: D 1640-95 (Reapproved 1999), "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings 

at Room Temperature". 

(b) The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM 

Designation: D 1640-95 (Reapproved 1999), "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at 

Room Temperature". 

(7) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM Designation: D 4214-98, "Standard 

Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films". 

(8) Exempt Compounds—Siloxanes. Exempt compounds that are cyclic, branched, or linear, completely methylated 

siloxanes, shall be analyzed as exempt compounds by Bay Area Air Quality Management District (BAAQMD) Method 43, 

"Determination of Volatile Methylsiloxanes in Solvent Based Coatings, Inks and Related Materials," BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996. 

(9) Exempt Compounds—Parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride, shall be 

analyzed using BAAQMD Method 41 "Determination of Volatile Organic Compounds in Solvent Based Coatings and Related 

Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995. 

(10) Exempt Compounds. The content of compounds exempt under U.S. EPA Method 24 shall be analyzed using South 

Coast Air Quality Management District (SCAQMD) Method 303-91 "Determination of Exempt Compounds (Revised 1993)", 

SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(11) VOC Content of Coatings. The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in 

Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings". 

(12) Alternative VOC Content of Coatings. The VOC content of coatings may be analyzed by either U.S. EPA Method 24 

as it exists in Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume 

Solids, and Weight Solids of Surface Coatings" or SCAQMD Method 304-91 "Determination of Volatile Organic Compounds 

(VOC) in Various Materials (Revised 1996)", SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(13) Methacrylate Traffic Marking Coatings. The VOC content of methacrylate multicomponent coatings used as traffic 

marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, "Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings" (September 11, 1998). 
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(14) ASTM Designation: D 4082-02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in LightWater Nuclear Power Plants". 

(15) ASTM Designation: D 3912-95 (Reapproved 2001), "Standard Test Method for Chemical Resistance of Coatings Used 

in Light-Water Nuclear Power Plants". 

.03 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Adhesive" means a chemical substance that is applied for the purpose of bonding two surfaces together other than by 

mechanical means. 

(2) "Aerosol coating product" means a pressurized coating product that: 

(a) Contains pigments or resins that dispenses product ingredients by means of a propellant; and 

(b) Is packaged in a disposable can for handheld application, or for use in specialized equipment for ground 

traffic/marking applications. 

(3) "Antenna coating" means a coating labeled and formulated exclusively for application to equipment and associated 

structural appurtenances that are used to receive or transmit electromagnetic signals. 

(4) "Antifouling coating" means a coating that is: 

(a) Labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or 

reduce the attachment of marine or freshwater biological organisms; and 

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et 

seq.) and with the State. 

(5) Appurtenance. 

(a) "Appurtenance" means an accessory to a stationary structure that is coated at the site of installation, whether installed 

or detached. 

(b) "Appurtenance" includes the following: 

(i) Bathroom and kitchen fixtures; 

(ii) Cabinets; 

(iii) Concrete forms; 

(iv) Doors; 

(v) Elevators; 

(vi) Fences; 

(vii) Hand railings; 

(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; 

(ix) Lampposts; 

(x) Partitions; 

(xi) Pipes and piping systems; 

(xii) Rain gutters and downspouts; 

(xiii) Stairways; 

(xiv) Fixed ladders; 

(xv) Catwalks and fire escapes; and 

(xvi) Window screens. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(6) Architectural Coating. 

(a) "Architectural coating" means a coating to be applied to: 

(i) Stationary structures or their appurtenances at the site of installation; 

(ii) Portable buildings at the site of installation; 

(iii) Pavements; or 

(iv) Curbs. 

(b) "Architectural coating" does not include: 

(i) Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, or 

automobiles; or 

(ii) Adhesives. 

(7) "Bitumens" means a black or brown material such as asphalt, tar, pitch, and asphaltite that: 

(a) Is soluble in carbon disulfide; 

(b) Consists mainly of hydrocarbons; and 

(c) Is obtained from natural deposits or as residues from the distillation of crude petroleum or coal. 

(8) "Bituminous roof coating" means a coating which incorporates bitumens that is labeled and formulated exclusively for 

roofing. 

(9) "Bituminous roof primer" means a primer that incorporates bitumens and is labeled and formulated exclusively for 

roofing. 

(10) "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly 

poured top layer of concrete from bonding to the layer over which it is poured. 

(11) "Calcimine recoater" means a flat solvent borne coating formulated and recommended specifically for recoating 

calcimine-painted ceilings and other calcimine-painted substrates. 

(12) "Clear brushing lacquer" means a clear wood finish, excluding clear lacquer sanding sealers, formulated with 

nitrocellulose or synthetic resins: 

(a) To dry by solvent evaporation without chemical reaction; 

(b) To provide a solid, protective film, which is intended exclusively for application by brush; and 

(c) Which are labeled as specified in Regulation .12 of this chapter. 

(13) "Clear wood coatings" means a clear and semitransparent coating, including lacquers and varnishes, applied to wood 

substrates to provide a transparent or translucent solid film. 

(14) Coating. 

(a) "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional 

purposes. 

(b) "Coating" includes, paints, varnishes, sealers, and stains. 

(15) "Colorant" means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural 

coating after packaging in sale units to produce a desired color. 

(16) "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to 

retard the evaporation of water. 

(17) "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, 

resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, 

allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish. 
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Effective as of November 12, 2010 

(18) "Conversion varnish" means a clear acid curing coating with an alkyd, or other resin blended with amino resins, which: 

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring 

to produce a hard, durable, clear finish; and 

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a transetherification of the 

reactive ethers of the amino resins. 

(19) "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry 

before subsequent contact with incidental surfaces in the vicinity of the surface coating activity. 

(20) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound 

(VOC) under COMAR 26.11.01.01B(53). 

(21) "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create artistic effects such as 

the simulated appearance of dirt, old age, smoke damage, or marble and wood grain. 

(22) "Fire-resistive coating" means an opaque coating that has been: 

(a) Labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and 

other structural materials; and 

(b) Fire tested and rated by a testing agency in accordance with ASTM Designation E 119-98, "Standard Test Methods 

for Fire Tests of Building Construction Materials", and approved by building code officials for use in bringing building and 

construction materials into compliance with federal, State, and local building code requirements. 

(23) "Fire-retardant coating" means a coating that has been: 

(a) Labeled and formulated to retard ignition and flame spread; and 

(b) Fire tested and rated by a testing agency in accordance with ASTM Designation E 84-99, "Standard Test Methods for 

Fire Tests of Building Construction Materials", and approved by building code officials for use in bringing building and 

construction materials into compliance with federal, State, and local building code requirements. 

(24) "Flat coating" means a coating that is not defined under any other definition in this regulation and that registers gloss 

less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-89 (1999) 

"Standard Test Method for Specular Gloss". 

(25) "Floor coating" means an opaque coating that is labeled and formulated for application to flooring such as decks, 

porches, steps, and other horizontal surfaces that may be subjected to foot traffic. 

(26) "Flow coating" means a coating labeled and formulated exclusively for use by electric power companies or their 

subcontractors to maintain the protective coating systems present on utility transformer units. 

(27) "Form-Release Compound" means a coating labeled and formulated for application to a concrete form to prevent the 

freshly poured concrete from bonding to the form. The form may also consist of wood, metal, or some material other than 

concrete. 

(28) "Graphic arts coating or sign paint" means a coating labeled and formulated for hand-application using brush or roller 

techniques to indoor and outdoor signs, excluding structural components, and murals including letter enamels, poster colors, copy 

blockers, and bulletin enamels. 

(29) "High-temperature coating" means a high performance coating labeled and formulated for application to substrates 

exposed continuously or intermittently to temperatures above 204°C (400°F). 

(30) "Impacted immersion coating" means a high performance maintenance coating that is: 

(a) Formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water; 

and 

(b) Resistant to high-energy impact damage caused by floating ice or debris. 
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(31) "Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, 

undercoaters, intermediate coats, and topcoats, that is labeled as specified in Regulation .12 of this chapter and formulated for 

application to substrates exposed to one or more of the following extreme environmental conditions: 

(a) Immersion in water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of 

interior surfaces to moisture condensation; 

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical 

mixtures or solutions; 

(c) Repeated exposure to temperatures above 121°C (250°F); 

(d) Frequent and heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers, or 

scouring agents; or 

(e) Exterior exposure of metal structures and structural components. 

(32) "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or 

synthetic resins to dry by evaporation without chemical reaction to provide a solid, protective film. 

(33) "Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per 

gallon) of coating material. 

(34) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to 

protect the magnesite cement substrate from erosion by water. 

(35) "Mastic texture coating" means a coating: 

(a) Labeled and formulated to cover holes and minor cracks and to conceal surface irregularities; and 

(b) Applied in a single coat of at least 10 mils (0.010 inch) dry film thickness. 

(36) "Metallic pigmented coating" means a coating containing at least 48 grams of elemental metallic pigment per liter of 

coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95 "Determination of Weight 

Percent Elemental Metal in Coatings by X-Ray Diffraction". 

(37) "Multi-color coating" means a coating that: 

(a) Is packaged in a single container; and 

(b) Exhibits more than one color when applied in a single coat. 

(38) "Non-flat coating" means a coating that is: 

(a) Not defined under any other definition in this regulation; and 

(b) Registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM 

Designation D 523-89 (1999) "Standard Test Method for Specular Gloss". 

(39) "Non-flat—high gloss coating" means a non-flat coating that registers a gloss of 70 or above on a 60-degree meter 

according to ASTM Designation D 523-89 (1999) "Standard Test Method for Specular Gloss". 

(40) "Nonindustrial use" means use of an architectural coating except in the construction or maintenance of the following: 

(a) Facilities used in the manufacturing of goods and commodities; 

(b) Transportation infrastructure, including highways, bridges, airports, and railroads; 

(c) Facilities used in mining activities, including petroleum extraction; or 

(d) Utilities infrastructure, including power generation and distribution, and water treatment and distribution systems. 

(41) "Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel or 

concrete that: 

(a) Otherwise would be subject to intrusion by radioactive materials; 

(b) Are resistant to long-term (service life) cumulative radiation exposure as determined under ASTM Method D 4082-

89, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants"; 
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(c) Are relatively easy to decontaminate; and 

(d) Are resistant to various chemicals to which the coatings are likely to be exposed as determined under ASTM Method 

D 3912-80 (Reapproved 1989), "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power 

Plants". 

(42) Post-Consumer Coating. 

(a) "Post-consumer coating" means a finished coating that would have been disposed of in a landfill, having completed 

its usefulness to a consumer. 

(b) "Post-consumer coating" does not include manufacturing wastes. 

(43) "Pre-treatment wash primer" means a primer that: 

(a) Contains a minimum of 0.5 acid, by weight, when tested in accordance with ASTM Designation D 1613-96, 

"Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products"; and 

(b) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and promote 

adhesion of subsequent topcoats. 

(44) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm bind between the 

substrate and subsequent coats. 

(45) "Quick-dry enamel" means a non-flat coating that is: 

(a) Labeled as specified in Regulation .12 of this chapter; and 

(b) Formulated to have the following characteristics: 

(i) Can be applied directly from the container under normal conditions with ambient temperatures between 16 and 

27°C (60 and 80°F); 

(ii) When tested in accordance with ASTM Designation D 1640-95, "Standard Method for Drying, Curing, or Film 

Forming of Organic Coatings at Room Temperature" sets to touch in 2 hours or less, is tack free in 4 hours or less, and dries hard 

in 8 hours or less by the mechanical test method; and 

(iii) Has a dried film gloss of 70 or above on a 60-degree meter. 

(46) "Quick-dry primer sealer and undercoater" means a primer, sealer, or undercoater that is dry to the touch in 30 minutes 

and can be re-coated in 2 hours when tested in accordance with ASTM Designation D 1640-95 "Standard Methods for Drying, 

Curing, or Film Formation of Organic Coatings at Room Temperature". 

(47) "Recycled coating" means an architectural coating formulated so that: 

(a) Not less than 50 percent of the total weight consists of secondary and post-consumer coating; and 

(b) Not less than 10 percent of the total weight consists of post-consumer coating. 

(48) "Residence" means areas where people reside or lodge, such as single and multiple family dwellings, condominiums, 

mobile homes, apartment complexes, motels, and hotels. 

(49) Roof Coating. 

(a) "Roof coating" means a non-bituminous coating labeled and formulated exclusively for application to roofs for the 

primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation. 

(b) "Roof coating" does not include metallic pigmented roof coatings, which are classified under the metallic pigmented 

coatings category. 

(50) "Rust preventive coating" means a coating formulated exclusively for nonindustrial use to prevent the corrosion of 

metal surfaces and labeled as specified in Regulation .12 of this chapter. 
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(51) Sanding Sealer. 

(a) "Sanding sealer" means a clear or semi-transparent wood coating labeled and formulated for application to bare wood 

to: 

(i) Seal the wood; and 

(ii) Provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. 

(b) "Sanding sealer" that also meets the definition of a lacquer is included in the lacquer category but not the sanding 

sealer category. 

(52) "Sealer" means a coating labeled and formulated for application to a substrate to: 

(a) Prevent subsequent coatings from being absorbed by the substrate; or 

(b) Prevent harm to subsequent coatings by materials in the substrate. 

(53) Secondary Coating. 

(a) "Secondary coating" means a fragment of a finished coating or a finished coating from a manufacturing process that 

has converted resources into a commodity of real economic value. 

(b) "Secondary coating" does not include excess virgin resources of the manufacturing process. 

(54) "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the Lac beetle (Lacier 

lace), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction. 

(55) "Shop application" means application of a coating to a product or a component of a product in or on the premises of a 

factory or a shop as part of a manufacturing, production, or repairing process. 

(56) "Solicit" means require for use or to specify by written or oral contract. 

(57) "Specialty primer, sealer, and undercoater" means a coating that is labeled as required by Regulation .12 of this chapter 

and formulated for application to a substrate in order to: 

(a) Seal fire, smoke, or water damage; 

(b) Block stains; or 

(c) Condition a surface that has a chalk rating of four or less as determined by ASTM Designation D 4214-98, "Standard 

Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films". 

(58) "Stain" means a clear, semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but 

not conceal the grain pattern or texture. 

(59) "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist 

swimming pool chemicals. 

(60) "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and formulated to be used 

over existing rubber-based coatings for the repair and maintenance of swimming pools. 

(61) "Temperature-indicator safety coating" means a coating labeled and formulated as a color-changing indicator coating 

for: 

(a) Monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment; and 

(b) Application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F). 

(62) "Thermoplastic rubber coating and mastic" means a coating or mastic: 

(a) Formulated and recommended for application to roofing or other structural surfaces; 

(b) That incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids; and 

(c) That may also contain other ingredients including fillers, pigments, and modifying resins. 

(63) "Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired 

color. 
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(64) "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other 

traffic surfaces such as curbs, bergs, driveways, parking lots, sidewalks, and airport runways. 

(65) "Undercoater" means a coating labeled and formulated to provide a smooth surface for subsequent coatings. 

(66) Varnish. 

(a) "Varnish" means a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by 

chemical reaction on exposure to air. 

(b) "Varnish" may contain small amounts of pigment to color a surface or to control the final sheen or gloss of a finish. 

(c) "Varnish" does not include a conversion varnish. 

(67) "VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in 

Regulation .14 of this chapter. 

(68) "Waterproofing sealer" means a coating labeled and formulated for application to a porous substrate for the primary 

purpose of preventing the penetration of water. 

(69) "Waterproofing concrete/masonry sealer" means a clear or pigmented film-forming coating that is labeled and 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining. 

(70) "Wood preservative" means a coating that is: 

(a) Labeled and formulated to protect exposed wood from decay or insect attack; and 

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et 

seq.) and with the State. 

.04 General Standard — VOC Content Limits. 

Except as provided in this regulation, effective January 1, 2005, a person may not manufacture, blend, repackage for sale, 

supply, sell, offer for sale, solicit for application, or apply within the State an architectural coating with a VOC content in excess 

of the corresponding limit specified in Regulation .05 of this chapter. 

.05 VOC Content Limits. 

VOC content limits, expressed as grams per liter, are as follows: 

A. Flat coatings ... 100; 

B. Non-flat coatings ... 150; 

C. Non-flat—high gloss coatings ... 250; 

D. Specialty coatings: 

(1) Antenna coatings ... 530; 

(2) Anti-fouling coatings ... 400; 

(3) Bituminous roof coatings ... 300; 

(4) Bituminous roof primers ... 350; 

(5) Bond breakers ... 350; 

(6) Calcimine recoater ... 475; 

(7) Clear wood coatings: 

(a) Clear brushing lacquers ... 680; 

(b) Lacquers, including clear lacquer sanding sealers ... 550; 

(c) Sanding sealers, excluding clear lacquer sanding sealers ... 350; 

(d) Varnishes other than conversion varnishes ... 350; 

(8) Concrete curing compounds ... 350; 
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(9) Concrete surface retarder ... 780; 

(10) Conversion varnishes ... 725; 

(11) Dry fog coatings ... 400; 

(12) Faux finishing coatings ... 350; 

(13) Fire-resistive coatings ... 350; 

(14) Fire-retardant coatings: 

(a) Clear ... 650; 

(b) Opaque ... 350; 

(15) Floor coatings ... 250; 

(16) Flow coatings ... 420; 

(17) Form-release compounds ... 250; 

(18) Graphic arts coatings (sign paints) ... 500; 

(19) High-temperature coatings ... 420; 

(20) Impacted immersion coating ... 780; 

(21) Industrial maintenance coatings ... 340; 

(22) Low-solids coatings ... 120; 

(23) Magnesite cement coatings ... 450; 

(24) Mastic texture coatings ... 300; 

(25) Metallic pigmented coatings ... 500; 

(26) Multi-color coatings ... 250; 

(27) Nuclear coatings ... 450; 

(28) Pre-treatment wash primers ... 420; 

(29) Primers, sealers, and undercoaters ... 200; 

(30) Quick-dry enamels ... 250; 

(31) Quick-dry primers, sealers and undercoaters ... 200; 

(32) Recycled coatings ... 250; 

(33) Roof coatings ... 250; 

(34) Rust preventive coatings ... 400; 

(35) Shellacs: 

(a) Clear ... 730; 

(b) Opaque ... 550; 

(36) Specialty primers, sealers, and undercoaters ... 350; 

(37) Stains ... 250; 

(38) Swimming pool coatings ... 340; 

(39) Swimming pool repair and maintenance coatings ... 340; 

(40) Temperature-indicator safety coatings ... 550; 

(41) Thermoplastic rubber coating and mastic ... 550; 

(42) Traffic marking coatings ... 150; 

(43) Waterproofing sealers ... 250; 
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(44) Waterproofing concrete/masonry sealers ... 400; 

(45) Wood preservatives ... 350. 

.06 Most Restrictive VOC Limit. 

A. Most Restrictive Limit. If anywhere on the container of an architectural coating, label or sticker affixed to the container, or

in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, any

representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the 

coating categories listed in Regulation .05 of this chapter, then the most restrictive VOC content limit applies. 

B. Section A of this regulation does not apply to the following coating categories: 

(1) Lacquer coatings (including lacquer sanding sealers); 

(2) Metallic pigmented coatings; 

(3) Shellacs; 

(4) Fire-retardant coatings; 

(5) Pretreatment wash primers; 

(6) Industrial maintenance coatings; 

(7) Low-solids coatings; 

(8) Wood preservatives; 

(9) High-temperature coatings; 

(10) Temperature-indicator safety coatings; 

(11) Antenna coatings; 

(12) Antifouling coatings; 

(13) Flow coatings; 

(14) Bituminous roof primers; 

(15) Specialty primers, sealers, and undercoaters; 

(16) Calcimine recoaters; 

(17) Impacted immersion coatings; 

(18) Nuclear coatings; and 

(19) Thermoplastic rubber coating and mastic. 

.07 Painting Practices. 

A. An architectural coating container, the contents of which are applied to a surface by pouring, siphoning, brushing, rolling, 

padding, ragging, or other means, shall be closed when not in use. 

B. Architectural coatings containers include drums, buckets, cans, pails, trays, or other application containers. 

C. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use. 

.08 Thinning. 

A person may not add thinner to an architectural coating if the addition of thinner will result in violation of a standard in 

Regulation .05 of this chapter. 

.09 Rust Preventive Coatings. 

A person may not apply or solicit the application of any rust preventive coating for industrial use, unless the rust preventive

coating complies with the industrial maintenance coating VOC limit specified in Regulation .05 of this chapter. 
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.10 Coatings Not Listed in Regulation .05. 

A coating that does not meet the definitions for the specialty coatings categories listed in Regulation .05 of this chapter is 

subject to the VOC content limit for either a flat coating or a non-flat coating, based on its gloss as determined in Regulation .02 

of this chapter. 

.11 Lacquers. 

If a lacquer coating contains acetone and not more than 550 grams of VOC per liter of coating, less water and exempt 

compounds, before the addition of VOC, then a person may add up to 10 percent by volume of VOC to the lacquer to avoid 

blushing of the finish during days with relative humidity greater than 70 percent and temperature below 65°F, at the time of 

application. 

.12 Container Labeling Requirements. 

A. A person who manufactures an architectural coating subject to this chapter shall display the information listed in this 

regulation on the coating container or container label in which the coating is sold or distributed. 

B. Date Code. The date the coating was manufactured, or a date code representing the date of manufacture, shall be indicated 

on the label, lid, or bottom of the container. If the manufacturer uses a date code for a coating, the manufacturer shall file an 

explanation of each code with the Department. 

C. Thinning Recommendations. 

(1) A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or 

lid of the container. 

(2) This requirement does not apply to the thinning of architectural coatings with water. 

(3) If thinning of the coating before use is not necessary, the recommendation shall specify that the coating is to be applied 

without thinning. 

D. VOC Content. 

(1) A container of a coating subject to this chapter shall display either the maximum or the actual VOC content of the 

coating, as supplied, including the maximum thinning as recommended by the manufacturer. 

(2) The VOC content shall be displayed in grams of VOC per liter of coating. The VOC content shall be calculated using 

product formulation data, or determined using the test methods in Regulation .14B of this chapter. The equations in Regulation 

.14A of this chapter shall be used to calculate the VOC content. 

E. Industrial Maintenance Coatings. A manufacturer of an industrial maintenance coating shall display on the label or the lid 

of the container in which the coating is sold or distributed one or more of the following descriptions: 

(1) "For industrial use only"; 

(2) "For professional use only"; 

(3) "Not for residential use"; or 

(4) "Not intended for residential use". 

F. Clear Brushing Lacquers. The labels of a clear brushing lacquer shall prominently display both of the following statements: 

(1) "For brush application only"; and 

(2) "This product may not be thinned or sprayed". 

G. Rust Preventive Coatings. The labels of a rust preventive coating shall prominently display the statement "For Metal 

Substrates Only". 

H. Specialty Primers, Sealers, and Undercoaters. The label of a specialty primer, sealer, or undercoater shall, as applicable, 

prominently display one or more of the following descriptions: 

(1) "For blocking stains"; 

(2) "For fire-damaged substrates"; 

(3) "For smoke-damaged substrates"; 
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(4) "For water-damaged substrates"; or 

(5) "For excessively chalky substrates". 

I. Quick Dry Enamels. The label of a quick dry enamel shall prominently display: 

(1) The words "Quick Dry"; and 

(2) The dry hard time. 

J. Non-Flat—High-Gloss Coatings. The label of a non-flat—high-gloss coating shall prominently display the words "High 

Gloss". 

.13 Record Keeping Requirements. 

A. A person who manufactures a coating subject to this chapter shall, for each year beginning in 2005, maintain the following 

records: 

(1) Identification of each regulated product manufactured, the number of gallons of each coating sold in Maryland, and the 

VOC content of each coating; 

(2) For coatings that contain perchlororethylene or methylene chloride: 

(a) Identification for each regulated product that contains percholoroethylene or methylene chloride; 

(b) The total volume of each coating sold in Maryland; and 

(c) The volume percent, to the nearest 0.10 percent, of perchlororethylene or methylene chloride in the coating; and 

(3) The total volume of coatings manufactured that is sold in containers with a capacity of 1 liter or less. 

B. A coating manufacturer that is required to maintain records on the volume of coatings sold or distributed in Maryland shall 

show the method used to calculate the total sales or distribution. 

C. The records under this regulation shall be maintained for not less than 5 years and made available to the Department upon 

request. 

.14 Compliance Provisions and Test Methods. 

A. Calculation of VOC Content. 

(1) For the purpose of determining compliance with the VOC content limits in Regulation .05 of this chapter, the VOC 

content of a coating shall be determined by using the following procedures, as applicable: 

(a) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to 

the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds using the following 

equation: 

VOC content = (Ws - Ww - Wec) / (Vm - Vw - Vec) 

Where: 

VOC content = grams of VOC per liter of coating; 

Ws = weight of volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of coating, in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

(b) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the 

manufacturer's maximum recommendation, including the volume of any water and exempt compounds using the following 

equation: 

VOC content (ls) = (Ws - Ww - Wec) / (Vm) 
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Effective as of November 12, 2010 

Where: 

VOC content (ls) = the VOC content of a low solids coating, in grams per liter of coating; 

Ws = weight of volatile, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; and 

Vm = volume of coating, in liters. 

(2) The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured. 

B. VOC Content of Coatings. 

(1) Except as provided in §C of this regulation, a person shall determine the VOC content of a coating using U.S. EPA 

Method 24, SCAQMD Method 304-91 (Revised February 1996), or an alternative method approved by the Department and the 

U.S. EPA. 

(2) The exempt compounds content shall be determined by SCAQMD Method 303-91 (Revised August 1996). 

C. Methacrylate Traffic Coating Markings. Analysis of methacrylate multi-component coatings used as traffic marking 

coatings shall be performed in accordance with U.S. EPA Method 24 as modified in 40 CFR 59, Subpart D, Appendix A. This 

method is not approved for methacrylate multicomponent coatings used for purposes other than as traffic marking coatings or for

other classes of multicomponent coatings. 

Administrative History 

Effective date: March 29, 2004 (31:6 Md. R. 510) 

Regulation .06B amended effective February 28, 2005 (32:4 Md. R. 412) 

Regulation .10 amended effective February 28, 2005 (32:4 Md. R. 412) 

Regulation .12K repealed effective February 28, 2005 (32:4 Md. R. 412) 

Regulation .13 repealed and new Regulation .13 adopted effective February 28, 2005 (32:4 Md. R. 412) 
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Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 35 Volatile Organic Compounds from Adhesives and Sealants 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-203, Annotated Code of Maryland 

.01 Applicability and Exemptions. 

A. This chapter applies to a person who, on or after January 1, 2009: 

(1) Sells, supplies, offers for sale, or manufactures for sale in the State an adhesive, sealant, adhesive primer, or sealant 

primer for use in the State; or 

(2) Uses or applies, for compensation or facilities maintenance, an adhesive, sealant, adhesive primer, or sealant primer 

within the State. 

B. The requirements of this chapter do not apply to the use or sale of the following compounds: 

(1) Adhesives, sealants, adhesive primers, or sealant primers being tested or evaluated in a research and development, 

quality assurance, or analytical laboratory, if records are maintained as required in Regulation .05A of this chapter; 

(2) Adhesives, sealants, adhesive primers, or sealant primers that are subject to COMAR 26.11.19.15C(1)—(3), COMAR 

26.11.19.30 in accordance with the conditions in the regulation, or COMAR 26.11.32; 

(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less 

exempt compounds, as applied; 

(4) Cyanoacrylate adhesives; 

(5) Adhesives, sealants, adhesive primers, or sealant primers, except plastic cement welding, ABS, CPVC, and PVC 

adhesives, and contact bond adhesives that are sold or supplied by the manufacturer or supplier in containers with: 

(a) A net volume of 16 fluid ounces or less; or 

(b) A net weight of 1 pound or less; or 

(6) Contact bond adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 

gallon or less. 

C. The requirements of this chapter do not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface 

preparation solvents, or cleanup solvents in the following operations: 

(1) Tire repair operations, if the label of the adhesive states, "For Tire Repair Only"; 

(2) Research and development, testing, manufacture, assembly, and repair of: 

(a) Aerospace components; 

(b) Undersea-based ship and weapons systems components; and 

(c) Specialty electronic systems and subsystems for defense and homeland security; 

(3) The manufacture of medical equipment, including medical devices subject to COMAR 26.11.19.31; and 

(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with 

lamination equipment installed before July 1, 1992. 

D. The provisions of this chapter do not apply if: 

(1) The total VOC emissions from all noncomplying adhesives, sealants, adhesive primers, and sealant primers used at the 

source are less than 200 pounds per calendar year, or an equivalent volume; and 

(2) The person claiming the usage exemption under §D(1) of this regulation maintains monthly operational records 

sufficient to demonstrate compliance as required by Regulation .05B of this chapter. 
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E. The provisions of Regulation .04A and D of this chapter do not apply to the use of adhesives, sealants, adhesive primers, 

sealant primers, cleanup solvents, and surface preparation solvents if: 

(1) The total volume of noncomplying adhesives, sealants, primers, cleanup solvents, and surface preparation solvents 

applied facility-wide does not exceed 55 gallons per calendar year; and 

(2) The person claiming the usage exemption under §E(1) of this regulation maintains monthly operational records 

sufficient to demonstrate compliance as required by Regulation .05A of this chapter. 

F. This chapter does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State an adhesive, 

sealant, adhesive primer, or sealant primer that does not comply with Regulation .04A of this chapter, if the manufacturer or 

distributor makes and keeps records demonstrating that: 

(1) The adhesive, sealant, adhesive primer, or sealant primer is intended for shipment and use outside the State; and 

(2) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer, or 

sealant primer is not distributed to or within the State. 

G. Notwithstanding §F of this regulation, this chapter does apply to an adhesive, sealant, adhesive primer, or sealant primer 

that is sold, supplied, or offered for sale by a person to a retail outlet in the State. 

H. Regulation .04A of this chapter does not apply to the sale of an adhesive, sealant, adhesive primer, or sealant primer to a 

person using State permitted add-on air pollution control equipment, pursuant to Regulation .04E of this chapter, to comply with 

the requirements of this chapter. 

I. The VOC limitations in Regulation .04 of this chapter shall be applicable to single-ply roof membrane installation and repair 

adhesives, single-ply roof membrane sealants, and single-ply roof membrane adhesive primers according to the following 

schedule: 

(1) For the year 2009, from May 15 through September 15; 

(2) For the years 2010 and 2011, from May 1 through September 30; and 

(3) On and after January 1, 2012. 

.02 Incorporation by Reference. 

A. In this chapter, the following documents are incorporated by reference. 

B. Documents Incorporated. 

(1) SCAQMD Method 304-91 Determination of Volatile Organic Compounds in Various Materials (Revised February 

1996). 

(2) ASTM Designation: ASTM D 4457-85 (Reapproved 1996) Standard Test Method for Determination of 

Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph. 

(3) ASTM Designation: ASTM E 260-91 Standard Practice for Gas Column Chromatography. 

(4) ASTM Designation: ASTM E 260-96 (Reapproved 2006) Standard Practice for Gas Column Chromatography. 

(5) ASTM Designation: ASTM D 3792-79 Standard Test Method for Water Content of Coatings by Direct Injection Into a 

Gas Chromatograph. 

(6) ASTM Designation: ASTM D 3792-86 Standard Test Method for Water Content of Coatings by Direct Injection Into a 

Gas Chromatograph. 

(7) ASTM Designation: ASTM D 2879-86 Standard Test Method for Vapor Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope. 

(8) EPA Technical Document "Guidelines for Determining Capture Efficiency", issued January 9, 1995 (40 CFR Part 51 

Appendix M). 

(9) CARB Method 100 Procedures for Continuous Gaseous Emission Stack Sampling (Amended July 28, 1997). 

(10) SCAQMD "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems", dated October 

3, 1989. 
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(11) SCAQMD Method 316A-92 Determination of Volatile Organic Compounds in Materials Used for Pipes and Fittings 

(Revised October 1996). 

.03 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "ABS welding adhesive" means acrylonitrile-butadiene-styrene adhesive. 

(2) "Acrylonitrile-butadiene-styrene adhesive" means an adhesive intended by the manufacturer to weld acrylonitrilebutadiene-styrene pipe, which is made by reacting monomers of acrylonitrile, butadiene, and styrene. 

(3) "Adhesive" means a chemical substance that is applied for the purpose of bonding two surfaces together other than by 

mechanical means. 

(4) "Adhesive primer" means a product intended by the manufacturer for application to a substrate, before the application of 

an adhesive, to provide a bonding surface. 

(5) "Aerosol adhesive" means an adhesive packaged as an aerosol product in which the spray mechanism is permanently 

housed in a nonrefillable can designed for handheld application without the need for ancillary hoses or spray equipment. 

(6) "Aerospace component" means the fabricated part, assembly of parts, or completed unit of an aircraft, helicopter, 

missile, or space vehicle, including passenger safety equipment. 

(7) "Architectural sealant or primer" means a sealant or sealant primer intended by the manufacturer to be applied to 

stationary structures, including mobile homes, and their appurtenances such as hand railings, cabinets, bathroom and kitchen 

fixtures, fences, rain gutters and downspouts, and windows. 

(8) "Automotive glass adhesive primer" means an adhesive primer: 

(a) Labeled by the manufacturer to be applied to automotive glass before installation of the glass using an 

adhesive/sealant; and 

(b) That improves adhesion to pinch weld and blocks ultraviolet light. 

(9) "CARB" means the California Air Resources Board. 

(10) "Ceramic tile installation adhesive" means an adhesive intended by the manufacturer for use in the installation of 

ceramic tiles. 

(11) "Chlorinated polyvinyl chloride plastic" means a polymer of the vinyl chloride monomer that contains 67 percent 

chlorine and is normally marked with the identifier "CPVC". 

(12) "Chlorinated polyvinyl chloride welding adhesive" means an adhesive labeled for welding of chlorinated polyvinyl 

chloride plastic. 

(13) "Computer diskette jacket manufacturing adhesive" means an adhesive intended by the manufacturer to glue the foldover flaps to the body of a vinyl computer diskette jacket. 

(14) Contact Bond Adhesive. 

(a) "Contact bond adhesive" means an adhesive that: 

(i) Is designed for application to both surfaces to be bonded together; 

(ii) Is allowed to dry before the two surfaces are placed in contact with each other; 

(iii) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are 

placed in contact with each other; and 

(iv) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought 

together using sufficient momentary pressure to establish full contact between both surfaces. 

(b) "Contact bond adhesive" does not include rubber cements that are primarily intended for use on paper substrates or 

vulcanizing fluids that are designed and labeled for tire repair only. 
DEPARTMENT OF THE ENVIRONMENT 

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(15) "Cove base" means a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a 

convex radius on the opposite edge, that is used in forming a junction between the bottom wall course and the floor or to form an 

inside corner. 

(16) "Cove base installation adhesive" means an adhesive intended by the manufacturer to be used for the installation of 

cove base or wall base on a wall or vertical surface at floor level. 

(17) "CPVC welding adhesive" means chlorinated polyvinyl chloride welding adhesive. 

(18) "Cyanoacrylate adhesive" means an adhesive with a cyanoacrylate content of at least 95 percent by weight. 

(19) "Dry wall installation" means the installation of gypsum dry wall to studs or solid surfaces using an adhesive 

formulated for that purpose. 

(20) "Exempt compound" means a compound that does not contain VOCs. 

(21) "Fiberglass" means a material consisting of extremely fine glass fibers. 

(22) "Flexible vinyl" means nonrigid polyvinyl chloride plastic with at least 5 percent by weight plasticizer content. 

(23) Indoor Floor Covering Installation Adhesive. 

(a) "Indoor floor covering installation adhesive" means an adhesive intended by the manufacturer for use in the 

installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll, or artificial grass. 

(b) "Indoor floor covering installation adhesive" does not include adhesives used to install ceramic tile and perimeter 

bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl. 

(24) "Laminate" means a product made by bonding together two or more layers of material. 

(25) "Low-solids adhesive, sealant, or primer" means a product that contains 120 grams or less of solids per liter of 

material. 

(26) "Marine deck sealant" or "marine deck sealant primer" means a sealant or sealant primer labeled for application to 

wooden marine decks. 

(27) "Medical equipment manufacturing" means the manufacture of medical devices, including catheters, heart valves, 

blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs. 

(28) "Metal to urethane/rubber molding or casting adhesive" means an adhesive intended by the manufacturer to bond metal 

to high density or elastomeric urethane or molded rubber materials, in heated molding or casting processes, to fabricate products 

such as rollers for computer printers or other paper handling equipment. 

(29) "Multipurpose construction adhesive" means an adhesive intended by the manufacturer for use in the installation or 

repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), 

ceiling tile, and acoustical tile. 

(30) "Nonmembrane roof installation/repair adhesive" means an adhesive intended by the manufacturer for use in the 

installation or repair of nonmembrane roofs but is not intended for the installation of prefabricated single-ply flexible roofing 

membrane, such as plastic or asphalt roof cement, asphalt roof coating, and cold application cement. 

(31) "Operator" means the person or persons that are legally responsible for the operation of a source of air pollution. 

(32) "Outdoor floor covering installation adhesive" means an adhesive intended by the manufacturer for use in the 

installation of floor covering that is not in an enclosure but is exposed to ambient weather conditions during normal use. 

(33) "Panel installation" means the installation of plywood, predecorated hardboard or tileboard, fiberglass-reinforced 

plastic, and similar predecorated or nondecorated panels to studs or solid surfaces using an adhesive formulated for that purpose. 

(34) "Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a 

nonporous substrate using an adhesive designed to be applied only to a strip of up to 4 inches wide around the perimeter of the

sheet flooring. 

(35) "Plastic cement welding adhesive" means an adhesive intended by the manufacturer for use to dissolve the surface of 

plastic, except ABS, CPVC, and PVC plastic, to form a bond between mating surfaces. 
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(36) "Plastic cement welding adhesive primer" means a primer intended by the manufacturer for use to prepare plastic 

substrates before bonding or welding. 

(37) "Plastic foam" means foam constructed of plastics. 

(38) "Plasticizer" means a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase 

its flexibility, workability, or distensibility, as determined by ASTM Method E-260-96. 

(39) "Plastics" means synthetic materials chemically formed by the polymerization of organic (carbon-based) substances 

that are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into 

various shapes, or films, or drawn into filaments. 

(40) "Polyvinyl chloride plastic" means a polymer of the chlorinated vinyl monomer that contains 57 percent chlorine. 

(41) "Polyvinyl chloride (PVC) welding adhesive" means an adhesive intended by the manufacturer for use in the welding 

of polyvinyl chloride plastic pipe. 

(42) "Porous material" means a substance that has tiny openings, often microscopic, in which fluids may be absorbed or 

discharged, including, but not limited to, wood, paper, and corrugated paperboard. 

(43) "Propellant" means a fluid under pressure that expels the contents of a container when a valve is opened. 

(44) "PVC welding adhesive" means polyvinyl chloride welding adhesive. 

(45) Radar System. 

(a) "Radar system" means a system that uses electromagnetic waves to identify the range, altitude, direction, or speed of 

both moving and fixed objects such as aircraft, ships, motor vehicles, weather formations, and terrain. 

(b) "Radar system" includes a transmitter that emits radio waves, which are reflected by the target and detected by a 

receiver, typically in the same location as the transmitter. 

(46) "Reactive diluent" means a liquid that is a reactive organic compound during application and through chemical and 

physical reactions, such as polymerization, 20 percent or more of the reactive organic compound becomes an integral part of a 

finished material. 

(47) "Roadway sealant" means a sealant intended by the manufacturer for application to public streets, highways, and other 

surfaces, including curbs, berms, driveways, and parking lots. 

(48) "Rubber" means a natural or manmade rubber substrate, including, but not limited to, styrene-butadiene rubber, 

polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer. 

(49) "SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board, 

which is responsible for the regulation of air quality in the State of California. 

(50) Sealant. 

(a) "Sealant" means a material with adhesive properties that is formulated primarily to fill, seal, waterproof, or 

weatherproof gaps or joints between two surfaces. 

(b) "Sealant" includes sealant primers and caulks. 

(51) "Sealant primer" means a product intended by the manufacturer for application to a substrate, before the application of 

a sealant, to enhance the bonding surface. 

(52) Sheet-Applied Rubber Installation. 

(a) "Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to metal or plastic 

substrates to protect the underlying substrate from corrosion or abrasion. 

(b) "Sheet-applied rubber installation" includes laminating sheet rubber to fabric by hand. 

(53) "Single-ply roof membrane" means a prefabricated single sheet of rubber, normally ethylene-propylenediene 

terpolymer, that is field applied to a building roof using one layer of membrane material. 

(54) "Single-ply roof membrane adhesive primer" means a primer labeled for use to clean and promote adhesion of the 

single-ply roof membrane seams or splices before bonding. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.04 

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Effective as of November 12, 2010 

(55) "Single-ply roof membrane installation and repair adhesive" means an adhesive labeled for use in: 

(a) Single-ply roof membrane installation, which includes, as a minimum, attaching the edge of the membrane to the 

edge of the roof and applying flashings to vents, pipes, and ducts that protrude through the membrane; or 

(b) Single-ply roof membrane repair, which includes gluing the edges of torn membrane together, attaching a patch over 

a hole, and reapplying flashings to vents, pipes, or ducts installed through the membrane. 

(56) "Single-ply roof membrane sealant" means a sealant labeled for application to single-ply roof membrane. 

(57) "Solvent" means an organic compound that is used as a diluent, thinner, dissolver, viscosity reducer, cleaning agent, or 

other related use. 

(58) "Specialty electronic systems and subsystems for defense and homeland security" means electronic systems and 

subsystems used in defense and homeland security applications for: 

(a) Air traffic control; 

(b) Ground-based, sea-based, and air-based command and control; 

(c) Radar systems; 

(d) Space; 

(e) Detection of chemical, biological, or explosive materials; or 

(f) Sensing, jamming, deciphering, scrambling, unscrambling, intercepting, and modifying electronic signals and 

functions. 

(59) "Structural glazing adhesive" means an adhesive intended by the manufacturer to apply glass, ceramic, metal, stone, or 

composite panels to exterior building frames. 

(60) Subflooring Installation. 

(a) "Subflooring installation" means the installation of subflooring material over floor joists, including the construction of 

any load bearing joists. 

(b) "Subflooring" includes being covered by a finish surface material. 

(61) "Surface preparation solvent" means a solvent used to remove dirt, oil, and other contaminants from a substrate before 

the application of a primer, adhesive, or sealant. 

(62) "Thin metal laminating adhesive" means an adhesive intended by the manufacturer for use in bonding multiple layers 

of metal to metal or metal to plastic, in the production of electronic or magnetic components in which the thickness of the bond 

line or lines is less than 0.25 mils. 

(63) Tire Retread Adhesive. 

(a) "Tire retread adhesive" means an adhesive intended by the manufacturer for application to the back of precure tread 

rubber and to the casing and cushion rubber. 

(b) "Tire retread adhesive" includes sealing buffed tire casings to prevent oxidation while the tire is being prepared for a 

new tread. 

(64) "Tire repair" means a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or 

gouging, applying adhesive, and filling the hole or crevice with rubber. 

(65) "Traffic marking tape" means preformed reflective film intended by the manufacturer for application to public streets, 

highways, and other surfaces, including curbs, berms, driveways, and parking lots. 

(66) "Traffic marking tape adhesive primer" means a primer intended by the manufacturer for application to surfaces before

installation of traffic marking tape. 

(67) "Undersea-based ship and weapons systems components" means parts, an assembly of parts, or completed units of 

defense-related manned or unmanned submersible vehicles, and missile launching systems used on undersea ships. 

(68) "Waterproof resorcinol glue" means a two-part resorcinol-resin-based adhesive designed for applications where the 

bond line must be resistant to conditions of continuous immersion in fresh or salt water. 
AIR QUALITY 

26.11.35.04 

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Effective as of November 12, 2010 

.04 Standards. 

A. Except as provided in §E of this regulation and Regulation .01 of this chapter, on and after January 1, 2009, a person may 

not: 

(1) Supply or offer for sale in the State an adhesive, sealant, adhesive primer, or sealant primer manufactured on or after 

January 1, 2009; 

(2) Manufacture for sale in the State an adhesive, sealant, adhesive primer, or sealant primer in excess of the applicable 

VOC content limits specified in Table 1; or 

(3) Use or apply an adhesive, sealant, adhesive primer, or sealant primer within the State that exceeds the applicable VOC 

content limits specified in Table 1. 

B. The VOC content limits in Table 1 for adhesives applied to the listed substrates are as follows: 

(1) If an operator uses an adhesive or sealant subject to a specific VOC content limit in Table 1, the specific limit, rather 

than an adhesive-to-substrate limit, is applicable; and 

(2) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC 

content applies. 

C. Surface Preparation or Cleanup Solvent. 

(1) This section applies to a person subject to this chapter using a surface preparation or cleanup solvent. 

(2) Except as provided in §C(3) of this regulation for single-ply roofing, a person may not use materials for surface 

preparation containing VOCs unless the VOC content of the surface preparation solvent is less than 70 grams per liter. 

(3) If a surface preparation solvent is used in applying single-ply roofing, a person may not use materials for surface 

preparation containing VOCs unless the composite vapor pressure, excluding water and exempt compounds, of the surface 

preparation solvent does not exceed 45 millimeters of mercury at 20°C. 

(4) Except as provided in §C(5) of this regulation, a person may not use materials containing VOCs for the removal of 

adhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite

vapor pressure of the solvent used is less than 45 millimeters of mercury at 20°C. 

(5) Removal of an adhesive, sealant, adhesive primer, or sealant primer from the parts of spray application equipment shall 

be performed as follows: 

(a) In an enclosed cleaning system or equivalent cleaning system as determined by the test method identified in 

Regulation .06H of this chapter; 

(b) Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material; or 

(c) Parts containing dried adhesive may be soaked in a solvent if the composite vapor pressure of the solvent, excluding 

water and exempt compounds, is less than or equal to 9.5 millimeters of mercury at 20°C and the parts and solvent are in a closed 

container that remains closed except when adding parts to or removing parts from the container. 

D. A person using an adhesive, sealant, adhesive primer, or sealant primer subject to this chapter may comply with §§A(3) and 

C of this regulation using add-on air pollution control equipment if the equipment meets the following requirements: 

(1) The VOC emissions from the use of all adhesives, sealants, adhesive primers, or sealant primers are reduced by an 

overall capture and control efficiency of at least 85 percent, by weight; 

(2) The combustion temperature is monitored continuously if a thermal incinerator is operated; 

(3) Inlet and exhaust gas temperatures are monitored continuously if a catalytic incinerator is operated; 

(4) Control device efficiency is monitored continuously if a carbon absorber or control device other than a thermal or 

catalytic incinerator is operated; 

(5) Operational records sufficient to demonstrate compliance with the requirements of this regulation are maintained as 

required by Regulation .05 of this chapter; and 

(6) The control equipment is included in a permit to construct and operate. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

E. A person using adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents, or cleanup solvents 

subject to this chapter shall store or dispose of all absorbent materials, such as cloth or paper, that are moistened with adhesives, 

sealants, primers, or solvents subject to this chapter in nonabsorbent containers that are closed except when placing materials in or 

removing materials from the container. 

F. A person may not solicit, require the use, or specify the application of an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent, or cleanup solvent if the use or application results in a violation of this chapter. This requirement 

applies to all written or oral contracts under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation

solvent, or cleanup solvent subject to this chapter is to be used at a location in the State. 

G. Table 1. 

VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers, and Adhesives 

Applied to Particular Substrates 

Adhesive, sealant, adhesive primer, or sealant primer VOC content limit 

Category VOC (grams

per liter*) 

VOC (pounds 

per gallon*) 

Adhesives 

 ABS welding 400 3.33 

 Ceramic tile installation 130 1.08 

 Computer diskette jacket manufacturing 850 7.08 

 Contact bond 250 2.08 

 Cove base installation 150 1.25 

 CPVC welding 490 4.08 

 Indoor floor covering installation 150 1.25 

 Metal to urethane/rubber molding or casting 850 7.08 

 Multipurpose construction 200 1.67 

 Nonmembrane roof installation/repair 300 2.50 

 Other plastic cement welding 510 4.25 

 Outdoor floor covering installation 250 2.08 

 Perimeter bonded sheet vinyl flooring installation 660 5.50 

 PVC welding 510 4.25 

 Sheet-applied rubber installation 850 7.08 

 Single-ply roof membrane installation or repair 250 2.08 

 Structural glazing 100 0.83 

 Thin metal laminating 780 6.50 

 Tire retread 100 0.83 

 Waterproof resorcinol glue 170 1.42 

Sealants 

 Architectural 250 2.08 

 Marine deck 760 6.33 

 Nonmembrane roof installation/repair 300 2.50 

 Roadway 250 2.08 
AIR QUALITY 

26.11.35.05 

26.11.35 Page 9 

Effective as of November 12, 2010 

Adhesive, sealant, adhesive primer, or sealant primer VOC content limit 

Category VOC (grams

per liter*) 

VOC (pounds 

per gallon*) 

 Single-ply roof membrane 450 3.75 

 Other 420 3.50 

Adhesive Primers 

 Automotive glass 700 5.83 

 Plastic cement welding 650 5.42 

 Single-ply roof membrane 250 2.08 

 Traffic marking tape 150 1.25 

 Other 250 2.08 

Sealant Primers 

 Marine deck 760 6.33 

 Non-porous architectural 250 2.08 

 Porous architectural 775 6.46 

 Other 750 6.25 

Adhesives Applied to the Listed Substrate 

 Flexible vinyl 250 2.08 

 Fiberglass 200 1.67 

 Metal 30 0.25 

 Porous material 120 1.00 

 

 Rubber 250 2.08 

 Other substrates 250 2.08 

* The VOC content is determined as the weight of volatile compounds, less water and exempt compounds, as specified in 

Regulation .06 of this chapter. 

.05 Administrative Requirements. 

A. A person who uses compliant products for compensation or facilities maintenance, or is subject to record-keeping 

requirements under Regulation .01B(1) or E(1) of this chapter, shall maintain records of purchase information that includes 

product name, product volume, and VOC content of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, and 

surface preparation solvent. 

B. Each person subject to Regulation .01D(1) of this chapter shall maintain records demonstrating compliance with this 

chapter, including the following information: 

(1) A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, and surface preparation solvent in use 

and in storage; 

(2) A data sheet or material list which provides the material name, manufacturer identification, and material application; 

(3) Catalysts, reducers, or other components used and the mix ratio; 

(4) The VOC content of each product as supplied; 

(5) The final VOC content or vapor pressure, as applied; and 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.06 

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Effective as of November 12, 2010 

(6) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, or surface preparation 

solvent used. 

C. A person who complies with Regulation .04B of this chapter through the use of add-on air pollution control equipment shall 

record the key operating parameters for the control equipment, including the following information: 

(1) The volume used per day of each adhesive, sealant, adhesive primer, sealant primer, or solvent that is subject to a VOC 

content limit in Table 1 and that exceeds the limit; 

(2) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures, and control device efficiency, as 

appropriate, pursuant to Regulation .04E of this chapter; 

(3) Daily hours of operation; and 

(4) All maintenance performed, including the date and type of maintenance. 

D. All records made to determine compliance with this chapter shall be maintained for 5 years from the date the record is 

created and shall be made available to the Department within 90 days of a request. 

.06 Compliance Procedures and Test Methods. 

A. Except as provided in §§C, D, and E of this regulation, the VOC and solids content of all nonaerosol adhesives, adhesive 

primers, and cleanup solvents shall be determined using U.S. EPA Reference Method 24, as identified in 40 CFR 60, Appendix 

A, or SCAQMD Method 304. 

B. The organic content of exempt organic compounds shall be determined using ASTM D4457-85, as applicable. 

C. The VOC content of a plastic welding cement adhesive or primer shall be determined using SCAQMD Method 316A. 

D. To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of 

the finished materials shall be determined using SCAQMD Method 316A. 

E. The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount 

of each compound in the blend using gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-79 for 

water content, as applicable, and the following equation: 

 (INSERT IMAGE HERE) 

Where: 

Ppc = VOC composite partial pressure at 20°C, in millimeters of mercury; 

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91; 

Ww = Weight of water, in grams as determined by ASTM D 3792-86; 

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91; 

Mwi = Molecular weight of the "i"th VOC compound, in grams per mole, as given in chemical reference literature; 

Mww = Molecular weight of water, 18 grams per mole; 

Mwe = Molecular weight of the "i"th exempt compound, in grams per mole, as given in chemical reference literature; 

Vpi = Vapor pressure of the "i"th VOC compound at 20°C, in millimeters of mercury, as determined by §F of this regulation. 

F. The vapor pressure of each single component compound may be determined from ASTM D2879-86 or may be obtained 

from a source approved by SCAQMD, other California air districts, or the Department. 
AIR QUALITY 

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Effective as of November 12, 2010 

G. If air pollution control equipment is used to meet the requirements of this chapter, the owner or operator shall make the 

following determinations: 

(1) The measurement of capture efficiency shall be conducted and reported in accordance with the EPA Technical 

Document "Guidelines for Determining Capture Efficiency," issued January 9, 1995; and 

(2) The control efficiency shall be determined in accordance with U.S. EPA Methods 25, 25A, or 25B or CARB Method 

100. 

H. The active and passive solvent losses from spray gun cleaning systems shall be determined using SCAQMD's "General 

Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," dated October 3, 1989. The test solvent for this 

determination shall be a lacquer thinner with a minimum vapor pressure of 105 millimeters of mercury at 20°C, and the minimum 

test temperature shall be 15°C. 

I. For adhesives that do not contain reactive diluents, grams of VOC per liter of adhesive, less water and exempt compounds, 

shall be calculated according to the following equation: 

Grams of VOC per liter of adhesive = (Ws-Ww-We) / (Vm-Vw-Ve) 

Where: 

Ws = weight of volatile compounds, in grams; 

Ww = weight of water, in grams; 

We = weight of exempt compounds, in grams; 

Vm = volume of material, in liters; 

Vw = volume of water, in liters; 

Ve = volume of exempt compounds, in liters. 

J. For adhesives that contain reactive diluents, the VOC content of the adhesive is determined after curing. The grams of VOC 

per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation: 

Grams of VOC per liter of adhesive = (Wrs-Wrw-Wre) / (Vrm-Vrw-Vre) 

Where: 

Wrs = weight of volatile compounds not consumed during curing, in grams; 

Wrw = weight of water not consumed during curing, in grams; 

Wre = weight of exempt compounds not consumed during curing, in grams; 

Vrm = volume of material not consumed during curing, in liters; 

Vrw = volume of water not consumed during curing, in liters; 

Vre = volume of exempt compounds not consumed during curing, in liters. 

K. Grams of VOC per liter of material shall be calculated according to the following equation: 

Grams of VOC per liter of materials = (Ws-Ww-We) / Vm

Where: 

Ws = weight of volatile compounds, in grams; 

Ww = weight of water, in grams; 

We = weight of exempt compounds, in grams; 

Vm = volume of material, in liters. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.07 

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Effective as of November 12, 2010 

L. Percent of VOC by weight shall be calculated according to the following equation: 

Percent of VOC by weight = [(Wv / W)] × 100 

Where: 

Wv = weight of VOCs in grams; 

W = weight of material in grams. 

.07 Container Labeling. 

Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject to this chapter shall display the following 

information on the product container or label: 

A. A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that: 

(1) This requirement does not apply to the thinning of a product with water; and 

(2) If thinning of the product before use is not necessary, the recommendation must specify that the product is to be applied 

without thinning; 

B. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter as supplied, 

displayed in grams of VOC per liter of product; and 

C. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter, which includes 

the manufacturer's maximum recommendation for thinning, as applied, displayed in grams of VOC per liter of product. 

Administrative History 

Effective date: 

Regulations .01—.07 adopted as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); adopted permanently effective April 21, 2008 (35:8 

Md. R. 809) 

Regulation .01I adopted as an emergency provision effective January 1, 2009 (36:5 Md. R. 420); adopted permanently effective June 1, 2009 (36:11 Md. R. 

787) 
26.11.36 Page 1 

Effective as of June 13, 2011 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 36 Distributed Generation 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-203, Annotated Code of Maryland 

.01 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) “Curtail” means to decrease on-site electric power consumption from the grid by: 

(a) Changing or shifting on-site electricity usage; 

(b) Operating an on-site participating engine; or 

(c) A combination of §B(1)(a) and (b) of this regulation. 

(2) “Curtailment service provider (CSP)” means any person, as defined in Environment Article, §1-101(h), Annotated Code 

of Maryland, that enters a contract with the facility to administer a demand response program. 

(3) “Demand response program” means a program that provides incentives to electricity consumers at a facility that curtails 

electricity usage, particularly during peak periods or emergencies, and that affects pricing, system stability, and overall planning 

in the electricity market. 

(4) “Economic response program” means a demand response program where a facility is economically incentivized to 

curtail on-site electricity demand from the grid when prices are high, which primarily occurs during peak electricity demand 

periods. 

(5) Emergency. 

(a) “Emergency” means a condition where the primary energy or power source is disrupted or discontinued due to 

conditions beyond the control of the owner or operator of a facility, including: 

(i) A failure of the electrical grid; 

(ii) On-site disaster or equipment failure; or 

(iii) Public service emergencies such as flood, fire, natural disaster, or severe weather conditions. 

(b) “Emergency” includes a PJM declared emergency. 

(6) “Emergency generator” means: 

(a) An engine used only during an emergency or for testing and engine maintenance purposes; and 

(b) An engine that operates during an emergency according to the procedures in the PJM Emergency Operations Manual 

for a PJM declared emergency. 

(7) “Emergency response program” means a demand response program where a facility curtails on-site electricity demand 

only during an emergency declared by the PJM in accordance with Manual 13, Emergency Operations, Revision 40, Effective 

Date August 13, 2010, as amended. 

(8) “Engine” means a stationary internal combustion engine. 

(9) “Facility” means a commercial, institutional, or industrial establishment that has on-site capability to generate electric 

power to be used internally to reduce on-site electric power consumption, to reduce the overall electric system demand, or for 

other purposes. 

(10) Load Shaving Unit. 

(a) “Load shaving unit” means an engine that operates for other than an emergency to generate electricity for use on-site 

or for sale. 

(b) “Load shaving unit” does not include an engine: 
DEPARTMENT OF THE ENVIRONMENT 

26.11.36.02 

26.11.36 Page 2 

Effective as of June 13, 2011 

(i) Whose primary function is to generate electricity for use by the public; or 

(ii) That serves as the primary source of power for agricultural equipment or industrial equipment, including the 

period when equipment or a facility is being maintained and the engine is used in place of the primary power source. 

(11) “Participating engine” means an internal combustion engine located at a participating facility that is operated as part of 

a demand response program. 

(12) “Participating facility” means a facility that has entered into a valid contract with a CSP to participate in a demand 

response program. 

(13) “PJM declared emergency” means a condition that exists where the PJM Interconnection, LLC notifies electric 

distributors that an emergency exists or may occur and it is necessary to implement the procedures in the PJM Manual 13 

Emergency Operations, as revised. 

.02 Applicability. 

This chapter applies to a person who owns or operates an emergency generator, load shaving unit, or curtailment service 

provider. 

.03 Emergency Generators and Load Shaving Units NOx Requirements. 

A. Applicability and General Requirements for Emergency Generators and Load Shaving Units. 

(1) The owner or operator of an emergency generator may not operate the generator except for emergencies, testing, and 

maintenance purposes. 

(2) Except as provided in §A(5) of this regulation, this regulation does not apply to any engine that is fueled with natural 

gas or propane. 

(3) This regulation does not apply to any engine that operates as a redundant system for power without direct or indirect 

compensation that is: 

(a) Located at a nuclear power plant; or 

(b) Located at a facility where operation of the engine is necessary to support critical national activities relating to 

security, aerospace research, or communications. 

(4) The owner or operator of an emergency generator or load shaving unit may be subject to the federal standards for 

stationary internal combustion engines under 40 CFR Parts 60 and 63. 

(5) The owner or operator of an emergency generator or load shaving unit may not operate the engine for testing and engine 

maintenance purposes between 12:01 a.m. and 2:00 p.m. on any day on which the Department forecasts that the air quality will be

a code orange, code red, or code purple unless the engine fails a test and engine maintenance and a re-test are necessary. 

(6) The owner or operator of an engine that is used for any purpose other than for emergency purposes shall install and 

operate a non-resettable hourly time meter on the engine for the purpose of maintaining the operating log required in §E of this 

regulation. 

B. Requirements for Existing Load Shaving Units Installed on or Before January 1, 2009. 

(1) The owner or operator of an existing load shaving unit that was installed on or before January 1, 2009, shall: 

(a) Install a NOx control system to meet an emissions standard of 1.4 grams per brake horsepower or less; 

(b) Replace the engine with a new engine that meets federal new source performance standards and was manufactured 

after January 1, 2009; or 

(c) Not operate the engine for more than a total of 10 hours during the period of May 1 to September 30 of any year. 

(2) The 10-hour limit in §B(1)(c) of this regulation is exclusive of the time that the unit operates for emergency purposes 

and the time for testing and engine maintenance. 

(3) Upon request and on a case-by-case basis, the Department may, for the purpose of engine registration and compliance, 

treat a group of small engines, under the same or different ownership and performing the same function, as a single entity and 

establish alternative requirements for the engines. 
AIR QUALITY 

26.11.36.03 

26.11.36 Page 3 

Effective as of June 13, 2011 

(4) For engines to be equipped with NOx controls or replaced with a new engine that meets federal standards, compliance 

shall be achieved by July 1, 2010, or a later date approved by the Department. 

(5) If an owner or operator purchases and installs a used engine, that engine, for the purpose of this regulation, is considered 

an existing engine unless the used engine was manufactured after January 1, 2009. 

C. Requirements for New Load Shaving Units Installed After January 1, 2009. 

(1) Except as provided in §§B(1)(b) and C(3) of this regulation, a load shaving unit that is installed after January 1, 2009: 

(a) Shall be equipped with a NOx control system that meets a NOx emissions rate of not more than 1.4 grams per brake 

horsepower; or 

(b) May not operate the engine for more than a total of 10-hours during the period of May 1 to September 30 of any year. 

(2) The-10 hour limit in §C(1)(b) of this regulation is exclusive of the time that the unit operates for emergency purposes 

and the time for testing and engine maintenance. 

(3) An engine with a capacity of 1,000 horsepower or less manufactured and installed after January 1, 2009, that meets 

applicable federal new source performance standards is exempt from the requirements in §C(1) of this regulation. 

D. Alternative Method of Achieving Compliance. 

(1) The owner or operator of a load shaving unit may, in lieu of meeting the requirements of §B or C of this regulation, 

achieve compliance by securing ozone season NOx allowances for the NOx emitted for load shaving purposes during the period 

of May 1 to September 30 of each year. 

(2) The owner or operator of a load shaving unit who chooses to secure ozone season NOx allowances in lieu of complying 

with §B or C of this regulation shall: 

(a) Secure not less than one ozone season NOx allowance; 

(b) Round up to the next whole number if the number of allowances to be secured under §D(3)(c) or (4)(d) results in a 

fractional number; 

(c) When calculating the amount of NOx emitted for load shaving purposes during the period May 1 to September 30 

under §D(3)(a) or (4)(a) and (b) of this regulation, exclude from those calculations the amount of NOx emitted during the initial 

10 hours of operation during that period; and 

(d) Secure the ozone season NOx allowances by December 31 of each year and submit those allowances to the 

Department for retirement by February 1 of the following year. 

(3) The owner or operator of an existing load shaving unit installed on or before January 1, 2009, who chooses to secure 

ozone season NOx allowances in lieu of compliance with §B of this regulation shall: 

(a) Calculate, in tons, the total amount of NOx emitted during the period May 1 to September 30; 

(b) Multiply the total tons of NOx emitted, as calculated in §D(3)(a) of this regulation, by three; and 

(c) Secure at least the same number of ozone season NOx allowances as the number resulting from the calculation 

performed in §D(3)(b) of this regulation. 

(4) The owner or operator of a new load shaving unit installed after January 1, 2009, who chooses to secure ozone season 

NOx allowances in lieu of compliance with §C of this regulation shall: 

(a) Calculate, in tons, the total amount of NOx emitted during the period May 1 to September 30; 

(b) Calculate, in tons, the total amount of NOx that would have been emitted during the period May 1 to September 30 if 

the engine had met the NOx emission rate of 1.4 grams per brake horsepower; 

(c) Subtract the number calculated in §D(4)(b) from the number calculated in §D(4)(a), then multiply the result by five; 

and 

(d) Secure at least the same number of ozone season NOx allowances as the number resulting from the calculations 

performed in §D(4)(c) of this regulation. 

E. Record Keeping. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.36.04 

26.11.36 Page 4 

Effective as of June 13, 2011 

(1) The owner or operator of a load shaving unit shall maintain an operating log that includes the date the unit operated and 

the total operating time for each day that the unit operated. 

(2) The operating log shall be maintained for 5 years and made available to the Department upon request. 

F. Determining a Violation. A load shaving unit required to meet the NOx emissions standards or the operational limitations in 

this regulation may be subject to a penalty for each day the unit operates in violation of the requirements. 

.04 Annual Report Requirement for Curtailment Service Providers (CSPs). 

A. A CSP that administers a demand response program for a participating facility in the State shall provide the following 

information to the Department in an annual report: 

(1) The name and address of each participating facility and the telephone number and name of a contact person; 

(2) The identification of each participating engine at the facility, including: 

(a) The registration number assigned by the Department for each engine and its rated capacity in horsepower and 

kilowatts; 

(b) The manufacturer and model; 

(c) The installation date; 

(d) The type of fuel used in each engine; 

(e) A copy of or the mail log number associated with The Public Service Commission of Maryland Certificate of Public 

Convenience and Necessity (CPCN) Exemption, pursuant to Public Utility Companies Article, §7-207.1, Annotated Code of 

Maryland, as applicable, including unit type of generator, for example, Type I Generator, Type II Generator; and 

(f) The PJM Interconnection, LLC utility zone for the participating facility; 

(3) A description of the demand response program for each participating engine, that is, whether it is an economic response 

program or an emergency response program; 

(4) As called for by the CSP, the dates on which each engine was requested to operate during the year and the hours of 

operation on each date, including: 

(a) The reason for operating the engine under a demand response program, that is, whether it is an economic response 

program or an emergency response program; 

(b) The starting and ending times when each engine was requested to operate as called for by the CSP; and 

(c) The total kilowatt hours of generation during each demand response operation; 

(5) A list of curtailment activities at each participating facility, the total hours and the total kilowatt hours of generation 

curtailment as called for by the CSP; 

(6) A brief description of any significant increase or decrease in the total hours of demand response operation compared to 

total operation during the previous year; and 

(7) An attestation from the CSP that the CSP has: 

(a) Attempted to collect the required information from each participating facility or other appropriate source; and 

(b) Provided information that is true and correct to the best of their knowledge and is not misleading. 

B. Each CSP may mark the annual report and its contents as confidential at the time of submission to indicate to the 

Department that the information is confidential commercial information, confidential financial information, a trade secret, or 

otherwise subject to mandatory non-disclosure requirements under State Government Article, Title 10, Subtitle 6, Annotated 

Code of Maryland. 

C. The annual report, including one hard copy and one electronic copy, shall be submitted to the Department and the Public 

Service Commission of Maryland by no later than April 1 of the following year, beginning April 1, 2012, for calendar year 2011. 

Administrative History 

Effective date: June 13, 2011 (38:12 Md. R. 708) 
26.11.39 Page 1 Effective as of April 25, 2016 

Title 26 DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 39 Architectural and Industrial Maintenance (AIM) Coatings 

Authority: Environmental Article, §§1-404, 2-103 and 2-301—2-303, Annotated Code of Maryland 

.01 Applicability and Exemptions. 

A. Except as provided in §B of this regulation, this chapter applies to a person who: 

(1) Supplies, sells, offers for sale, or manufactures an architectural coating for use within the State; or 

(2) Uses or applies an architectural coating within the State. 

B. This chapter does not apply to the following products: 

(1) Any architectural coating that is supplied, sold, offered for sale or manufactured for: 

(a) Use outside of the State; or 

(b) Shipment to other manufacturers for reformulation or repackaging. 

(2) Any aerosol coating product; or 

(3) An architectural coating that is sold in a container with a volume of 1 liter (1.057 quart) or less, including kits of containers of 

different colors, types, or categories of coatings and two component products. 

C. The exemption in §B(3) of this regulation does not include: 

(1) Bundling of containers 1 liter or less, which are sold together as a unit; or 

(2) Coatings with packaging or marketing which implies that multiple containers 1 liter or less be combined into one container.

D. The exemption in §B(3) of this regulation includes multiple containers of 1 liter or less that are packaged and shipped together, but 

are sold individually. 

E. Except as provided in Regulation .04H of this chapter, this chapter is effective on January 1, 2017. 

.02 Test Methods—Incorporation by Reference. 

A. In this chapter, the following documents are incorporated by reference. 

B. Documents Incorporated. 

(1) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Test Method E119-

08, "Standard Test Methods for Fire Tests of Building Construction and Materials". 

(2) Gloss Determination. The gloss of a coating shall be determined by ASTM Test Method D523-89(1999), "Standard Test 

Method for Specular Gloss". 

(3) Metal Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality Management 

District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction", (Approved 

July 1996) SCAQMD “Laboratory Methods of Analysis for Enforcement Samples”. 

(4) Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Test Method D1613-06, "Standard Test 

Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products". 

(5) Exempt Compounds—Siloxanes. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, 

shall be analyzed as exempt compounds by methods referenced in ASTM D3960-05 “Standard Practice for Determining Volatile 

Organic Compound (VOC) Content of Paints and Related Coatings” or Bay Area Air Quality Management District (BAAQMD) Method 

43, "Determination of Volatile Methylsiloxanes in Solvent Based Coatings, Inks and Related Materials," BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996. 

(6) Exempt Compounds—Parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride, shall be 

analyzed by methods referenced in ASTM D3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of 

Paints and Related Coatings” or BAAQMD Method 41 "Determination of Volatile Organic Compounds in Solvent Based Coatings and 

Related Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995. 

(7) Exempt Compounds. The content of compounds exempt under U.S. EPA Method 24 shall be analyzed by methods referenced 

in ASTM D3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or 

South Coast Air Quality Management District (SCAQMD) Method 303-91 "Determination of Exempt Compounds (Revised 1993)", 

SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(8) VOC Content of Coatings. The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix 

A-7 of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of 

Surface Coatings". 

(9) Alternative VOC Content of Coatings. The VOC content of coatings may be analyzed by either U.S. EPA Method 24 as it 

exists in Appendix A-7 of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and

Weight Solids of Surface Coatings" or SCAQMD Method 304-91 "Determination of Volatile Organic Compounds (VOC) in Various 

Materials (Revised 1996)", SCAQMD “Laboratory Methods of Analysis for Enforcement Samples”. 

(10) Methacrylate Traffic Marking Coatings. The VOC content of methacrylate multicomponent coatings used as traffic marking 

coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, "Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings". 
26.11.39 Page 2 Effective as of April 25, 2016 

(11) Radiation Resistance - Nuclear Coatings. The radiation resistance of a nuclear coating shall be determined by ASTM D4082-

02 “Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants” 

(12) Chemical Resistance - Nuclear Coatings. The chemical resistance of nuclear coatings shall be determined by ASTM D3912-

95(2001) “Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants”. 

(13) Hydrostatic Pressure for Basement Specialty Coatings. The hydrostatic pressure resistance for basement specialty coatings 

shall be analyzed using ASTM D7088-04, “Standard Practice for Resistance to Hydrostatic Pressure for Coatings Used in Below Grade 

Applications Applied to Masonry”. 

(14) Tub and Tile refinishing Coating Adhesion. The adhesion of tub and tile coating shall be determined by ASTM D4585-99, 

“Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D3359-02, “Standard Test 

Methods for Measuring Adhesion by Tape Test”. 

(15) Tub and Tile Refinish Coating Hardness. The hardness of tub and tile refinish coating shall be determined by ASTM D3363-

05, “Standard Test Method for Film Hardness by Pencil Test”. 

(16) Tub and Tile Refinish Coating Abrasion Resistance. Abrasion resistance of tub and tile refinish coating shall be analyzed by 

ASTM D4060-07, “Standard Test Methods for Abrasion Resistance of Organic Coatings by the Taber Abraser”. 

(17) Tub and Tile Refinish Coating Water Resistance. Water resistance of tub and tile refinish coatings shall be determined by 

ASTM D4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D714-02e1, 

“Standard Test Method for Evaluating Degree of Blistering of Paints”. 

(18) Waterproofing Membrane. Waterproofing membrane shall be tested by ASTM C836-06, “Standard Specification for High 

Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course”. 

(19) Mold and Mildew Growth for Basement Specialty Coatings. Mold and mildew growth resistance for basement specialty 

coatings shall be determined by ASTM D3273-00, “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior 

Coatings in an Environmental Chamber” and ASTM D3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement 

of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation”. 

(20) Reactive Penetrating Sealer Water Repellency. Reactive penetrating sealer water repellency shall be analyzed by ASTM C67-

07, “Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile”; or ASTM C97-02, “Standard Test Methods for

Absorption and Bulk Specific Gravity of Dimension Stone”; or ASTM C140-06, “Standard Test Methods for Sampling and Testing 

Concrete Masonry Units and Related Units”. 

(21) Reactive Penetrating Sealer Water Vapor Transmission. Reactive penetrating sealer water vapor transmission shall be 

analyzed ASTM E96/E96M-05, “Standard Test Method for Water Vapor Transmission of Materials”. 

(22) Reactive Penetrating Sealer - Chloride Screening Applications. Reactive penetrating sealers shall be analyzed by National 

Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the Protection of Bridge Structures”. 

(23) Stone Consolidants. Stone consolidants shall be tested using ASTM E2167-01, “Standard Guide for Selection and Use of 

Stone Consolidants”. 

.03 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) "Adhesive" means a chemical substance that is applied for the purpose of bonding two surfaces together other than by 

mechanical means. 

(2)"Aerosol coating product" means a pressurized coating product containing pigments or resins that: 

(a) Dispenses product ingredients by means of a propellant; and 

(b) Is packaged in a disposable can for handheld application, or for use in specialized equipment for ground traffic/marking 

applications. 

(3) "Aluminum roof coating" means a coating labeled and formulated exclusively for application to roofs and containing at least 84 

grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon). 

(4) Appurtenance. 

(a) "Appurtenance" means an accessory to a stationary structure that is coated at the site of installation, whether installed or 

detached. 

(b) "Appurtenance" includes: 

(i) Bathroom and kitchen fixtures; 

(ii) Cabinets; 

(iii) Concrete forms; 

(iv) Doors; 

(v) Elevators; 

(vi) Fences; 

(vii) Hand railings; 

(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; 

(ix) Lampposts; 

(x) Partitions; 

(xi) Pipes and piping systems; 

(xii) Rain gutters and downspouts; 

(xiii) Stairways; 
26.11.39 Page 3 Effective as of April 25, 2016 

(xiv) Fixed ladders; 

(xv) Catwalks and fire escapes; and 

(xvi) Window screens. 

(5) Architectural Coating. 

(a) "Architectural coating" means a coating to be applied to: 

(i) Stationary structures or their appurtenances at the site of installation; 

(ii) Portable buildings at the site of installation; 

(iii) Pavements; or 

(iv) Curbs. 

(b) "Architectural coating" does not include: 

(i) Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, or 

automobiles; or 

(ii) Adhesives. 

(6) “Basement specialty coating" means a clear or opaque coating that: 

(a) Is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and 

other below-grade surfaces; 

(b) Is capable of withstanding at least 10 psi of hydrostatic pressure; 

(c) Is resistant to mold and mildew growth; and 

(d) Achieves a microbial growth rating of 8 or more. 

(7) "Bituminous roof coating" means a coating that: 

(a) Incorporates bitumens; 

(b) Is labeled and formulated exclusively for roofing; and 

(c) Is intended for the primary purpose of preventing water penetration. 

(8) "Bituminous roof primer" means a primer that: 

(a) Incorporates bitumens; 

(b) Is labeled and formulated exclusively for roofing; and 

(c) Is intended for one of the following purposes: 

(i) Preparing a weathered or aged surface; or 

(ii) Improving the adhesion of subsequent surfacing components. 

(9) "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured 

top layer of concrete from bonding to the layer over which it is poured. 

(10) "Calcimine recoater" means a flat solvent borne coating formulated and recommended specifically for recoating calciminepainted ceilings and other calcimine-painted substrates. 

(11) Coating. 

(a) "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes.

(b) "Coating" includes paints, varnishes, sealers, and stains. 

(12) "Colorant" means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating to 

produce a desired color. 

(13) "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to perform 

one or more of the following functions: 

(a) Retard the evaporation of water; or 

(b) Harden or dustproof the surface of freshly poured concrete. 

(14) "Concrete/masonry sealer" means a clear or opaque coating that is labeled and formulated primarily for application to 

concrete and masonry surfaces to perform one or more of the following functions: 

(a) Prevent penetration of water; 

(b) Provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light; or 

(c) Harden or dustproof the surface of aged or cured concrete. 

(15) "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and 

solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded 

mix of cement and sand at the surface to be washed away to create an exposed aggregate finish. 

(16) Conjugated oil varnish. 

(a) “Conjugated oil varnish” means a clear or semi-transparent wood coating that: 

(i) Is labeled as such; 

(ii) Is based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins, 

with a minimum of 50 percent of the resins solids consisting of conjugated oil; 

(iii) Is supplied as a single component that penetrates and seals the wood; 

(iv) Results in film formation due to polymerization of the oil; and 

(v) Contains small amounts of pigment to control the final gloss or sheen. 

(b) “Conjugated oil varnish” does not include lacquers or shellacs. 

(17) "Conversion varnish" means a clear acid curing coating with an alkyd, or other resin blended with amino resins that: 

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring to 

produce a hard, durable, clear finish; and 
26.11.39 Page 4 Effective as of April 25, 2016 

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a transetherification of the reactive 

ethers of the amino resins. 

(18) "Driveway sealer" means a coating labeled and formulated for application to worn asphalt driveway surfaces to perform one 

or more of the following functions: 

(a) Fill cracks; 

(b) Seal the surface to provide protection; or 

(c) Restore or preserve the appearance. 

(19) "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry before 

subsequent contact with incidental surfaces in the vicinity of the surface coating activity. 

(20) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound (VOC) under 

COMAR 26.11.01.01B(53). 

(21) "Faux finishing coating" means a coating labeled and formulated to meet one or more of the following criteria: 

(a) A glaze or textured coating used to create artistic effects, including: 

(i) Dirt; 

(ii) Suede; 

(iii) Old age; 

(iv) Smoke damage; 

(v) Simulated marble; and 

(vi) Wood grain; 

(b) A decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of 

pearlescent mica pigment or other iridescent pigment per liter of coating as applied (at least 0.4 pounds per gallon); 

(c) A decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pigment per 

liter of coating as applied (less than 0.4 pounds per gallon); 

(d) A decorative coating used to create a metallic appearance that: 

(i) Contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per 

gallon); or 

(ii) Requires a clear topcoat to prevent the degradation of the finish under normal use conditions. 

(e) A clear topcoat sold and used solely as part of a faux finishing coating system to seal and protect a faux finishing coating 

that meets one or more of the requirements in §B(21)(a)—(d) of this regulation. 

(22) Fire-Resistive Coating. 

(a) "Fire-resistive coating" means a coating that has been labeled and formulated to protect structural integrity by increasing the 

fire endurance of interior or exterior structural materials. 

(b) "Fire-resistive coating" includes sprayed fire resistive materials and intumescent fire coatings that are used to bring 

structural materials into compliance with federal, state, and local building code requirements. 

(23) "Flat coating" means a coating that is not defined under any other definition in this regulation and that registers a gloss of less 

than 15 on an 85-degree meter or less than 5 on a 60-degree meter. 

(24) "Floor coating" means an opaque coating that is labeled and formulated for application to flooring such as decks, porches,

steps, garage floors and other horizontal surfaces that may be subjected to foot traffic. 

(25) "Form-release coating" means a coating labeled and formulated for application to a form to prevent freshly poured concrete

from bonding to the form. 

(26) Graphic Arts Coating (Sign Paint). 

(a) "Graphic arts coating (sign paint)" means a coating labeled and formulated for hand-application, using brush, airbrush, or 

roller techniques to one or more of the following: 

(i) Indoor and outdoor signs; and 

(ii)Murals. 

(b) "Graphic arts coating (sign paint)" includes letter enamels, poster colors, copy blockers, and bulletin enamels. 

(c) "Graphic arts coating (sign paint)" does not include coatings applied to structural components. 

(27) "High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed 

continuously or intermittently to temperatures above 204°C (400°F). 

(28) "Impacted immersion coating" means a high performance maintenance coating that is: 

(a) Formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water; and 

(b) Specifically resistant to high-energy impact damage caused by floating ice or debris. 

(29) Industrial maintenance coating. 

(a) "Industrial maintenance coating" means a high performance architectural coating formulated for application to substrates 

exposed to one or more of the following extreme environmental conditions: 

(i) Immersion in water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of 

interior surfaces to moisture condensation; 

(ii) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures 

or solutions; 

(iii) Frequent exposure to temperatures above 121°C (250°F) 

(iv) Frequent and heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers, or scouring 

agents; or 
26.11.39 Page 5 Effective as of April 25, 2016 

(v) Exterior exposure of metal structures and structural components. 

(b)”Industrial maintenance coating includes primers, sealers, undercoaters, intermediate coats, and topcoats. 

(30) "Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) 

of coating material as recommended for application by the manufacturer. 

(31) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect 

the magnesite cement substrate from erosion by water. 

(32) "Mastic texture coating" means a coating: 

(a) Labeled and formulated to cover holes and minor cracks and to conceal surface irregularities; and 

(b) Applied in a single coat of at least 10 mils (0.010 inch) dry film thickness. 

(33) "Metallic pigmented coating" means a coating labeled and formulated to provide a metallic appearance that contains at least 

48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (0.4 pounds per gallon). 

(34) "Multi-color coating" means a coating that is: 

(a) Packaged in a single container; and 

(b) Labeled and formulated to exhibit more than one color when applied in a single coat. 

(35) "Non-flat coating" means a coating that: 

(a) Is not defined under any other definition in this regulation; and 

(b) Registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter. 

(36) "Non-flat—high gloss coating" means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter. 

(37) "Nuclear coating" means a protective coating that: 

(a) Is formulated and recommended to seal porous surfaces that otherwise would be subject to intrusion by radioactive 

materials; 

(b) Is resistant to long-term (service life) cumulative radiation exposure; 

(c) Is relatively easy to decontaminate; and 

(d) Is resistant to various chemicals to which the coatings are likely to be exposed. 

(38) "Post-consumer coating" means finished coatings generated by a business or consumer that have served their intended end 

uses, and are recovered from or otherwise diverted from the waste stream for the purpose of recycling. 

(39) "Pre-treatment wash primer" means a primer that: 

(a) Contains a minimum of 0.5 percent acid, by weight; and 

(b) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and promote 

adhesion of subsequent topcoats. 

(40) "Primer, sealer and undercoater" means a coating labeled and formulated for one or more of the following purposes: 

(a) To provide a firm bond between the substrate and subsequent coatings; 

(b) To prevent subsequent coatings from being absorbed by the substrate; 

(c) To prevent harm to subsequent coatings by materials in the substrate; 

(d) To provide a smooth surface for the subsequent application of coatings; 

(e) To provide a clear finish coat to seal the substrate; or 

(f) To block materials from penetrating into or leaching out of a substrate. 

(41) Reactive penetrating sealer. 

(a) “Reactive penetrating sealer” means a clear or pigmented coating that is labeled and formulated for application to abovegrade concrete and masonry substrates to provide protection from water and waterborne contaminants, including: 

(i) Alkalis; 

(ii) Acids; and 

(iii) Salts. 

(b) “Reactive penetrating sealers” meet the following criteria: 

(i) Penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring 

minerals in the substrate; 

(ii) Line the pores of concrete and masonry substrates with a hydrophobic coating, but do not form a surface film; 

(iii) Improve water repellency at least 80 percent after application on a concrete or masonry substrate as verified on 

standardized test specimens; and 

(iv) Do not reduce the water vapor transmission rate by more than 2 percent after application on a concrete or masonry 

substrate. 

(c) “Reactive penetrating sealers” labeled and formulated for vehicular traffic surface chloride screening applications shall meet 

the performance criteria listed in the National Cooperative Highway Research Report 244 (1981). 

(42) Reactive Penetrating Carbonate Stone Sealer. 

(a) “Reactive penetrating carbonate stone sealer” means a clear or pigmented coating that is labeled and formulated for 

application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including: 

(i) Alkalis; 

(ii) Acids; and 

(iii) Salts. 

(b) “Reactive penetrating sealers” meet the following criteria: 

(i) Penetrate into carbonate stone substrates and chemically reacts to form covalent bonds with naturally occurring minerals 

in the substrate; 
26.11.39 Page 6 Effective as of April 25, 2016 

(ii) Line the pores of carbonate stone substrates with a hydrophobic coating, but do not form a surface film; 

(iii) Improve water repellency at least 80 percent after application on a carbonate stone substrate; and 

(iv) Do not reduce the water vapor transmission rate by more than 10 percent after application on a carbonate stone substrate. 

(43) "Recycled coating" means an architectural coating formulated so that it contains a minimum of 50 percent by volume postconsumer coating, with a maximum of 50 percent secondary industrial materials or virgin materials. 

(44)"Roof coating" means a non-bituminous coating labeled and formulated for application to roofs for the primary purpose of 

preventing water penetration, reflecting ultraviolet light, or reflecting solar radiation. 

(45) Rust Preventive Coating. 

(a) "Rust preventive coating" means a coating formulated to prevent the corrosion of metal surfaces for one or more of the 

following applications: 

(i) Direct-to-metal coating; or 

(ii) Coating intended for application over rusty, previously coated surfaces. 

(b) "Rust preventive coating" does not include: 

(i) Coatings that are required to be applied as a topcoat over a primer; or 

(ii) Coatings that are intended for use on wood or any other nonmetallic surface. 

(46) "Secondary industrial materials" means products or by-products of the paint manufacturing process that are of known 

composition and have economic value but can no longer be used for their intended purpose. 

(47) "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the Lac beetle (Laciffer lacca), 

and formulated to dry by evaporation without a chemical reaction. 

(48) "Shop application" means application of a coating to a product or a component of a product in or on the premises of a factory 

or a shop as part of a manufacturing, production, or repairing process (e.g. original equipment manufacturing coatings). 

(49) "Specialty primer, sealer, and undercoater" means a coating that is formulated for application to a substrate to block watersoluble stains resulting from: 

(a) Fire damage; 

(b) Smoke damage; or 

(c) Water damage. 

(50) "Stain" means a semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but not conceal 

the grain pattern or texture. 

(51) "Stone consolidant" means a coating that: 

(a) Is labeled and formulated for application to stone substrates to repair structures that have been damaged by weathering or 

other decay mechanisms; and 

(b) Penetrates into stone substrates to create bonds between particles and consolidate deteriorated material. 

(52) Swimming Pool Coating. 

(a) “Swimming pool coating” means a coating labeled and formulated to coat the interior of swimming pools and to resist 

swimming pool chemicals. 

(b) “Swimming pool coating” includes coatings used for swimming pool repair and maintenance. 

(53) "Thermoplastic rubber coating and mastic" means a coating or mastic that: 

(a) Is formulated and recommended for application to roofing or other structural surfaces; and 

(b) Incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids. 

(54) "Tint base" means colorant which is added to an architectural coating. 

(55) "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic 

surfaces such as curbs, berms, driveways, parking lots, sidewalks, and airport runways. 

(56) "Tub and tile refinish coating" means a clear or opaque coating that: 

(a) Is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop; 

(b) Has a scratch hardness of 3H or harder and a gouge hardness of 4H or harder that is determined on bonderite 1000; 

(c) Has a weight loss of 20 milligrams or less after 1000 cycles determined with CD-17 wheels on bonderite 1000; 

(d) Withstands 1000 hours or more of exposure with few or no #8 blisters that is determined on unscribed borderite; and 

(e) Has an adhesion rating of 4B or better after 24 hours of recovery that is determined on inscribed bonderite. 

(57) “VOC actual” means the weight of VOC per volume of coating, including water and exempt compounds. 

(58) VOC Content. 

(a) “VOC content” means the weight of VOC per volume of coating and is VOC regulatory for all coatings except those in the 

low solids category. 

(b) “VOC content” includes the following: 

(i) The VOCs emitted during curing if the coating contains silanes, siloxanes, or other ingredients that generate ethanol or 

other VOCs during the curing process; and 

(ii) The maximum amount of thinning solvent recommended by the manufacturer. 

(59) “VOC regulatory” means the weight of VOC per volume of coating, less the volume of water and exempt compounds. 

(60) Waterproofing Membrane. 

(a) "Waterproofing membrane" means a clear or opaque coating that is labeled and formulated for application to concrete and 

masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate.

(b) "Waterproofing membrane" is intended for one or more of the following waterproofing applications: 

(i) Below-grade surfaces; 
26.11.39 Page 7 Effective as of April 25, 2016 

(ii) Between concrete slabs; 

(iii) Inside tunnels; 

(iv) Inside concrete planners; or 

(v) Under flooring materials. 

(c) "Waterproofing membrane" is applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness. 

(d) "Waterproofing membrane" does not include topcoats that are included in the concrete masonry sealer category. 

(61) Wood Coatings. 

(a) “Wood coatings” means coatings labeled and formulated for application to wood substrates only. 

(b) “Wood coatings” includes the following clear and semitransparent coatings: 

(i) Lacquers; 

(ii) Varnishes; 

(iii) Sanding sealers; 

(iv) Penetrating oils; 

(v) Clear stains; 

(vi) Wood conditioners used as undercoats; and 

(vii) Wood sealers used as topcoats. 

(c) “Wood coatings” also includes the following opaque wood coatings: 

(i) Opaque lacquers; 

(ii) Opaque sanding sealers; and 

(iii) Opaque lacquer undercoaters. 

(d) “Wood coatings” does not include the following: 

(i) Clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or 

(ii) Coatings intended for substrates other than wood. 

(62) "Wood preservative" means a coating that: 

(a) Is labeled and formulated to protect exposed wood from decay or insect attack; and 

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et seq.) 

and with the State. 

(63) Wood Substrate. 

(a) "Wood substrate" means a substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, 

bamboo, or composite products with exposed wood grain. 

(b) “Wood substrate” does not include items comprised of simulated wood. 

(64) "Zinc-rich primer" means a coating that: 

(a) Contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids; and 

(b) Is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of 

coatings. 

.04 General Requirements and Standards. 

A. VOC Content Limits. 

(1) Except as provided in this regulation, a person may not manufacture, blend, repackage for sale, supply, sell, offer for sale, or 

apply within the State an architectural coating with a VOC content in excess of the corresponding limit specified in Regulation .05 of 

this chapter. 

(2) Limits are expressed as VOC content, thinned to the manufacturer’s maximum thinning recommendation, excluding any 

colorant added to tint bases. 

B. Most Restrictive VOC Limit. If anywhere on the container of an architectural coating, label or sticker affixed to the container, or in 

any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, any representation 

is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories 

listed in Regulation .05 of this chapter, then the most restrictive VOC content limit applies. 

C. The provisions of §B of this regulation do not apply to the following coating categories: 

(1) Aluminum roof coatings; 

(2) Bituminous roof primers; 

(3) High-temperature coatings; 

(4) Industrial maintenance coatings; 

(5) Low-solids coatings; 

(6) Metallic pigmented coatings; 

(7) Pretreatment wash primers; 

(8) Shellacs; 

(9) Specialty primers, sealers, and undercoaters; 

(10) Wood coatings; 

(11) Wood preservatives; 

(12) Zinc-rich primers 

(13) Calcimine recoaters; 

(14) Impacted immersion coatings; 
26.11.39 Page 8 Effective as of April 25, 2016 

(15) Nuclear coatings; 

(16) Thermoplastic rubber coatings and mastic; and 

(17) Concrete surface retarders. 

D. Sell-Through of Coatings. 

(1) A coating manufactured before the effective date of January 1, 2017, that complied with the standards in effect at the time the 

coating was manufactured may be sold, supplied, or offered for sale until January 1, 2020. 

(2) A coating that complies with the standards in effect in this State at the time of manufacture may be applied at any time. 

(3) The provisions of this section do not apply to a coating that does not display a date or date code representing the date of

manufacture. 

(4) Notwithstanding §D(2), a person may not apply any rust preventative coating manufactured before January 1, 2017 for 

industrial use, unless such a rust preventative coating complies with the industrial maintenance coating limit specified in Regulation .05 

of this chapter. 

E. Painting Practices. 

(1) All architectural coating containers used to apply the contents therein to a surface by pouring, siphoning, brushing, rolling, 

padding, ragging, or other means, shall be closed when not in use. 

(2) Architectural coatings containers include, but are not limited to drums, buckets, cans, pails, trays, or other application 

containers. 

(3) Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use. 

F. Thinning. A person may not apply any architectural coating if the coating is thinned to exceed the applicable VOC limit specified 

in Table 1 of Regulation .05 of this chapter. 

G. Coatings Not Listed in Regulation .05. A coating that does not meet the definitions for the specialty coatings categories listed in 

Regulation .05 of this chapter is subject to the VOC content limit for either a flat, non-flat, or non-flat high gloss coating based on its 

gloss as determined in Regulation .02B(2) of this chapter. 

H. New Coatings Categories. Beginning May 1, 2016, the following new coatings categories shall be considered in compliance if the 

coating meets the applicable VOC limit specified in Table 1 of Regulation .05 of this chapter and the other provisions of this chapter: 

(1)Aluminum roof coatings; 

(2) Basement specialty coatings; 

(3) Concrete/masonry sealers; 

(4) Conjugated oil varnish; 

(5) Driveway sealers; 

(6) Reactive penetrating sealer; 

(7)) Reactive penetrating carbonate stone sealers; 

(8) Stone consolidant; 

(9) Tub and tile refinishing coating; 

(10) Waterproofing membranes; 

(11) Wood coatings; and 

(12) Zinc-rich primers. 

.05 VOC Content Limits. 

Table 1. VOC Content Limits for Architectural and Industrial Maintenance Coatings. 

Coating Category VOC Content Limit (grams per liter)

Flat coatings 50

Non-flat coatings 100

Non-flat-high gloss coatings 150

Specialty coatings:

Aluminum roof coatings 450

Basement specialty coatings 400

Bituminous roof coatings 270

Bituminous roof primers 350

Bond breakers 350

Calcimine recoater 475

Concrete curing compounds 350

Concrete/masonry sealers 100
26.11.39 Page 9 Effective as of April 25, 2016 

Concrete surface retarders 780

Conjugated oil varnish 450

Conversion varnish 725

Driveway sealers 50

Dry fog coatings 150

Faux finishing coatings 350

Fire-resistive coatings 350

Floor coatings 100

Form-release coatings 250

Graphic arts coatings (Sign paints) 500

High-temperature coatings 420

Impacted immersion coatings 780

Industrial maintenance coatings 250

Low-solids coatings 120

Magnesite cement coatings 450

Mastic texture coatings 100

Metallic pigmented coatings 500

Multi-color coatings 250

Nuclear coatings 450

Pre-treatment wash primers 420

Primers, sealers, and undercoaters 100

Reactive penetrating sealers 350

Reactive penetrating carbonate stone sealers 500

Recycled coatings 250

Roof coatings 250

Rust preventative coatings 250

Shellacs:

Clear 730

Opaque 550

Specialty primers, sealers, and undercoaters 100

Stains 250

Stone consolidant 450

Swimming pool coatings 340

Thermoplastic rubber coatings and mastic 550

Traffic marking coatings 100

Tub and tile refinish coatings 420

Waterproofing membranes 250

Wood coatings 275

Wood preservatives 350

Zinc-rich primers 340

.06 Container Labeling Requirements. 

A. A person who manufactures an architectural coating subject to this chapter shall display the information listed in this regulation on 

the coating container or container label in which the coating is sold or distributed. 
26.11.39 Page 10 Effective as of April 25, 2016 

B. Date Code. 

(1) The date the coating was manufactured, or a date code representing the date of manufacture, shall be indicated on the label, lid, 

or bottom of the container. 

(2) If the manufacturer uses a date code for a coating, the manufacturer shall file an explanation of each code with the Department. 

C. Thinning Recommendations. 

(1) A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the 

container. 

(2) This requirement does not apply to the thinning of architectural coatings with water. 

(3) If thinning of the coating before use is not necessary, the recommendation shall specify that the coating is to be applied without 

thinning. 

D. VOC Content. 

(1) A container of a coating subject to this chapter shall display one of the following values in grams of VOC per liter of coating: 

(a) Maximum VOC content as determined from all potential product formulations; 

(b) VOC content as determined from actual formulation data; or 

(c) VOC content as determined using the procedures specified in Regulation .08 of this chapter. 

(2) If the manufacturer does not recommend thinning, the container shall display the VOC content, as supplied. 

(3) If the manufacturer recommends thinning, the container shall display the VOC content including the maximum amount of 

thinning solvent recommended by the manufacturer. 

(4) If the coating is a multi-component product, the container shall display the VOC content as mixed or catalyzed. 

(5) If the coating contains silanes, siloxanes, or other ingredient that generate ethanol or other VOCs during the curing process, the 

VOC content shall include the VOCs emitted during curing. 

(6) The VOC content shall be determined using the procedures in Regulation .08 of this chapter. 

E. Faux Finishing Coatings. The labels of all clear topcoat faux finishing coatings shall prominently display the statement “This 

product can only be sold or used as part of a Faux Finishing coating system.” 

F. Industrial Maintenance Coatings. A manufacturer of an industrial maintenance coating shall prominently display at least one of the 

following statements: 

(1) "For industrial use only"; 

(2) "For professional use only"; 

(3) "Not for residential use"; or 

(4) "Not intended for residential use". 

G. Rust Preventive Coatings. The labels of a rust preventive coating shall prominently display the statement "For Metal Substrates 

Only". 

H. Specialty Primers, Sealers, and Undercoaters. The label of a specialty primer, sealer, or undercoater shall, as applicable, 

prominently display one or more of the following descriptions: 

(1) "For blocking stains"; 

(2) "For fire-damaged substrates"; 

(3) "For smoke-damaged substrates"; or 

(4) "For water-damaged substrates"; 

I. Non-Flat—High-Gloss Coatings. The label of a non-flat—high-gloss coating shall prominently display the words "High Gloss". 

J. Reactive Penetrating Sealers. The labels of all reactive penetrating sealers shall prominently display the statement "Reactive 

Penetrating Sealer". 

K. Reactive Penetrating Carbonate Stone Sealers. The labels of all reactive penetrating carbonate stone sealers shall prominently 

display the statement “Reactive Penetrating Carbonate Stone Sealers”. 

L. Stone Consolidants. The labels of all stone consolidants shall prominently display the statement "Stone Consolidants – For 

Professional Use Only". 

M. Wood Coatings. The labels of all wood coatings shall prominently display the statement "For Wood Substrates Only". 

N. Zinc Rich Primers. The labels of all zinc rich primers shall prominently display one or more of the following statements: 

(1) "For professional use only"; 

(2) "For industrial use only"; 

(3) "Not for residential use"; or 

(4) "Not intended for residential use". 

07. Reporting Requirements. A person who manufactures a coating subject to this chapter shall provide within 180 days of written 

request, data concerning the distribution and sales of architectural coatings, including:

A. The name and mailing address of the manufacturer; 

B. The name, address, and telephone number of a contact person; 

C. The name of the coating product as it appears on the label; 

D. The application coating category; 

E. A description whether the product is marketed for interior or exterior use or both; 

F. The number of gallons sold in the State in containers greater than 1 liter and equal to or less than 1 liter; 

G. The VOC actual content and VOC regulatory content in grams per liter. 

(1) If thinning is recommended, list the VOC actual content and VOC regulatory content after maximum recommended thinning. 
26.11.39 Page 11 Effective as of April 25, 2016 

(2) If containers less than 1 liter have a different VOC content than containers greater than 1 liter, list separately. 

(3) If the coating is a multi-component product, provide the VOC content as mixed or catalyzed. 

H. The names and CAS numbers of the VOC constituents in the product; 

I. The names and CAS numbers of any compounds in the product specifically exempted from the VOC definition under COMAR 

26.11.01.01B(53); 

J. A description whether the product is marketed as solventborne, waterborne, or 100 percent solids; 

K. A description of resin or binder in the product; 

L. A description whether the coating is a single-component or multi-component product; 

M. The density of the product in pounds per gallon; 

N. The percent by weight of solids, all volatile materials, water, and any compounds in the product specifically exempted from the 

VOC definition under COMAR 26.11.01.01B(53); and 

O. The percent by volume of solids, water, and any compounds in the product specifically exempted from the VOC definition under

COMAR 26.11.01.01B(53). 

08. Compliance Procedures. 

A. Calculation of VOC Content. 

(1) For the purpose of determining compliance with the VOC content limits in Table 1 of Regulation .05 of this chapter, the VOC

content of a coating shall be determined using the following procedures, as applicable: 

(a) With the exception of low solids coatings, determine the VOC content (regulatory) in grams of VOC per liter of coating 

thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds using the 

following equation: 

VOC Regulatory = (Ws - Ww - Wec) / (Vm - Vw - Vec) 

Where: 

VOC Regulatory = grams of VOC per liter of coating; 

Ws = weight of volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of coating, in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters. 

(b) For low solids coatings, determine the VOC content (actual) in units of grams of VOC per liter of coating thinned to the 

manufacturer's maximum recommendation, including the volume of any water and exempt compounds using the following equation: 

VOC Actual = (Ws - Ww - Wec) / (Vm) 

Where: 

VOC Actual = the VOC content of a low solids coating, in grams per liter of coating; 

Ws = weight of volatile, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; and 

Vm = volume of coating, in liters. 

(2) The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured. 

(3) If the manufacturer does not recommend thinning, the VOC content shall be calculated for the product as supplied. 

(4) If the manufacturer recommends thinning, the VOC content shall be calculated including the maximum amount of thinning 

solvent recommended by manufacturer. 

(5) If the coating is a multi-component product, the VOC content shall be calculated as mixed or catalyzed. 

(6) If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, 

the VOC content shall include the VOCs emitted during curing. 

B. VOC Content of Coatings. 

(1) Except as provided in §C of this regulation, a person shall determine the VOC content of a coating using one of the test 

methods listed in Regulation .02 of this chapter, or an alternative method approved by the Department. 

(2) If there are any inconsistencies between the results of EPA Method 24 test and any other means for determining VOC content,

the EPA Method 24 test results will govern. 

(3) The exempt compounds content shall be determined by one of the test methods listed in Regulation .02 of the chapter, as 

applicable. 

C. Methacrylate Traffic Coating Markings. Analysis of methacrylate multicomponent coatings used as traffic marking coatings shall 

be conducted according to a modification of U.S. EPA Method 24 (40 CFR 59, subpart D, Appendix A). This method has not been 

approved for methacrylate multicomponent coatings used for other purposes than as traffic marking coatings or for other classes of 

multicomponent coatings.