### CODE OF MARYLAND REGULATIONS

Title 26.11

DEPARTMENT OF THE ENVIRONMENT

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© Office of the S ecretary of State 2011ii 

### CODE OF MARYLAND REGULATIONS

A Publication of the

DIVISION OF STATE DOCUMENTS

State House Annapolis, MD 21401

With offices located at 16 Francis Street Annapolis, Maryland

OFFICE OF THE SECRETARY OF STATE

© Division of State Documents 198826.11.01 Page 1 Effective as of July 08, 2013 

### 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, A nnotated 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 representativ e 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 du ring a calendar year or othe r 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 o r 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 o f odors, solids, vapors, liquids, or gases, throughout the State and in such areas of the Stat e 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 cond itions which restrict operations and which are included in an applicable air quality permit to construct, permit to operate, secretari al order, plan for compliance, cons ent agreement, court order, or applicable federal requirement. (5) "Capture efficiency" means the weight per unit time of a po llutant 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 perce ntage. 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) CO 2 Equivalent Emissions (CO 2 e). (a) “CO 2 equivalent emissions (CO 2 e)” means the amount of GHGs emitted. (b) “CO 2 equivalent emissions (CO 2 e)”shall be computed as follows: (i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the mass am ount 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 CO 2 e; and (iii) Prior to July 21, 2014, the mass of the greenhouse ga s 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 industr ies as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquid s recovered from the decomposition of nonfossilized and biodegradable organic material).DEPARTMENT OF THE ENVIRONMENT 26.11.01.01

26.11.01 Page 2 Effective as of July 08, 2013 (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. (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 s econd 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, Char les, 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 Tes ting 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 po orly maintained equipment. (18-1) “Greenhouse gases (GHGs)”means the aggregate group of six greenhouse gases: (a) carbon dioxide (CO 2 ); (b) methane (CH 4 ); (c) nitrous oxide (N 2 O); (d) sulfur hexafluoride (SF 6 ); (e) hydrofluorocarbons (HFCs); and (f) perfluorocarbons (PFCs).AIR QUALITY

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26.11.01 Page 3 Effective as of July 08, 2013 (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 fr om the source or installation. However, this term excludes rou tine 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 an y source which is subject to 40 CFR Part 60, as amended. (24) "New Source Review source (NSR so urce)" means any major stationary sour ce or major modification subject to the requirements of COMAR 26.11.17. (24-1) "NO x Ozone Season Allowance" means a CAIR NO x 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 proper ty of an emission which stim ulates 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. (28) "Oxides of nitrogen (NO x )" means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide (NO 2 ), expressed as equivalent molecular weight of NO 2 . (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) “PM 2.5 ” means particulate matter with an aerodynamic diameter less than or e qual to a nominal 2.5 micrometers. (30-2) "PM 2.5 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) "PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.DEPARTMENT OF THE ENVIRONMENT 26.11.01.01

26.11.01 Page 4 Effective as of July 08, 2013 (32) "PM 10 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 f or 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 pol lution control equipment and restrictions on hours of operation or on the type or amount of ma terial combusted, stored, or processed, shall be treated as part of its design if the limitation or th e effect it would have on emissi ons is federally enforceable thro ugh a permit condition, compliance plan, or administrative or court order. (36) "Premises" means all the installations or other sources that are located on con tiguous or adjacent prop erties 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 mate rials introduced into any speci fic process which may cause emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion ai r 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 desi gn 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. (42) "Secretary" means the S ecretary 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 establis hments 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 ma terial 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.AIR QUALITY

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26.11.01 Page 5 Effective as of July 08, 2013 (50) "Unconfined source" means an installa tion that causes emissions which are not en closed in a stack, duct, hood, flue, or other conduit but which escape into the atmosphere through openi ngs 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 Provis ions 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 th e 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 th e 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 comprisi ng the counties of Calvert, Charles, and St. Mary's.
F. Area VI means the eastern shore area of the State comprising the counties of Ca roline, 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 th ese tests. This testing will be done at a reasonable time, an d all information gathered during a testing oper ation will be provided to both parties. (2) Compliance with this subtitle shall be determined by the te st 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 the Department to meet the requirements at certain types of so urces, 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 collect ion of samples of the effluent to the atmosphere from this installation. Upon request of the Department, the owner or operator of t his 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 th e 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 th e 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 cont rol officer, at reasonable times, shall have acce ss to and be permitted to copy any records, inspect any monitoring equipment or methods required under this section.DEPARTMENT OF THE ENVIRONMENT 26.11.01.05

26.11.01 Page 6 Effective as of July 08, 2013 (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 th e 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 Met hods 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 am ended) 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 emi ssions standard, equipment performance standard, material formulation standard, or permit condition; (3) Verify or update regi stration information; or (4) Update Maryland's air emissions inventory. B. A person who is required pursuant to §A of th is regulation to establish and maintain records shall: (1) Maintain the necessary information in a format approved by the Department; and (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 othe r 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 installa tion, source, or premises that is locate d in:AIR QUALITY

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26.11.01 Page 7 Effective as of July 08, 2013 (1) Baltimore City, or in Anne Arundel, Baltimore, Calvert, Ca rroll, Cecil, Charles, Freder ick, Harford, Howard, Kent, Montgomery, Prince George's or Queen Anne's counties, and has total actual emissions of either VOC or NO x 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, Some rset, Talbot, Washington, Wico mico, or Worcester counties, and has total actual emissions of either VOC or NO x 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 su bject to this regulation sha ll submit to the Department an emissions statement for the previous calendar year that meets the requirements of this regulation. (2) A person submitting an emi ssions statement shall certify th at the information in the emi ssions 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 acc uracy of the statement. (3) If actual emissions from a source or premises for any y ear after calendar year 1992 eq ual 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 follow ing year unless the source demonstrates, to the satisfaction of the Department, that emissions have been permanently reduced and th e source no longer has the poten tial to emit emissions that ex ceed 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 NO x , and the actual daily and annual emissions from each installation or source; (2) An explanation of the method used to determine emissions from each installa tion 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 an y increases or decreases in emissions for each installation or source if reported emissions differ fr om the emissions reported in the previous year's emiss ions statement; and (4) Other relevant information as required by the Department.

.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 wo uld otherwise constitute a violation of any applicable air pollution control regulation.
.07 Malfunctions and Other Temp orary 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, po or maintenance, careless operation, preventable upset conditions, o r 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 malf unction and whether to commence an administrative or judicial proceeding authorized by State and federal law. C. Report of Excess Emissions.DEPARTMENT OF THE ENVIRONMENT 26.11.01.08

26.11.01 Page 8 Effective as of July 08, 2013 (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 pe rmit to operate, the owner or operator shall report the onset an d 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 ex pected 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 Depart ment 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 ex cess emissions and the duration of the occurrence; (d) The actual or estimated quantity of excess emissions duri ng the occurrence, and operating data and calculations used in determining the quantity; (e) The actual or probable cause of th e occurrence and whether the owner or ope rator contends that the cause is a malfunction; (f) The method of correcting the caus e of the excess emissions and minimizing the duration and magnitude of the occurrence, including, if applicable, the use of overtime or cont ractual assistance to make repairs as expeditiously as possibl e; (g) A listing of all occurrences of excess emissions from the installation, the dura tion 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 occu rrence of excess emissions; (j) The steps taken or planned to prevent the reoccurrence of the excess emissions; and (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 exce ss 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 Con centrations — 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 th e 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" m eans any dispersion technique as defined in 40 CFR Part 51, 1985 edition, as amended, 50 FR 27906—27907 (July 8, 1985: Stack Height Regulation).AIR QUALITY

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26.11.01 Page 9 Effective as of July 08, 2013 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 disp ersion technique undergoes a ma jor 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 unaccept able 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 Stat e 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.DEPARTMENT OF THE ENVIRONMENT 26.11.01.10

26.11.01 Page 10 Effective as of July 08, 2013 .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 matt er 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. 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 EP A Reference Method 9 observational procedures. (2) The Department shall submit the plan to EPA for review and approval. (3) A COM shall comply with the applicable requirements in 40 CFR Part 51, Appendix P, Sections 3.3—3.9, as amended, which is incorporated by 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. C. Certification and Qua lity Assurance Procedures. (1) All certification testing, including cer tification 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 af fect 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; andAIR QUALITY

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26.11.01 Page 11 Effective as of July 08, 2013 (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 breakdo wn 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 du rability of acceptable monitoring systems, as provided in 40 CFR Part 51 Append ix P, and is producing data. (c) Except as otherwise approved by the Department an d the EPA, a COM shall oper ate in compliance with the requirements of §B(2) of this regulation and collect data fo r at least 95 percent of the source's operating time during any cal endar quarter. The alternative measurement plan re quired in §B(1)(b) of this regulation sha ll 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 ti me and date of the beginni ng 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 tim e 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 nece ssary to evaluate the data or to ensure that compliance is achieved. E. All information required by this regulation to be maintained or reported to the Department shall be retained and made available for review by the Department for a minimum of 5 years from the time the report is submitted. F. Fuel burning equipment subject to the COM requirements in COMAR 26.11.09.05 are subject to the COM requirements contained in COMAR 26.11.31.

.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; andDEPARTMENT OF THE ENVIRONMENT 26.11.01.11

26.11.01 Page 12 Effective as of July 08, 2013 (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. (3) The owner or operator of: (a) A municipal waste combustor (MWC) shall install CEMs to measure and record SO x , NO x , carbon monoxide emissions and either CO 2 or oxygen; (b) A Kraft pulp mill shall install a CEM to measure and record SO 2 and flow; and (c) A fluidized bed combustor of any size shall install CEMs to measure and record sulfur dioxide, nitrogen oxide and either oxygen or carbon dioxide. (4) Except as otherwise approved by the Department, if the owner or operator is unable to obtain emissions data from CEMs because of a malfunction of the CEM fo r more than 2 hours in duration, the owne r 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 co ncentration shall meet the quality assurance criteria of 40 CFR Part 60, Appendix F, as amended, which is incorporated by reference, or, if applicable, th e quality assurance criteria of 4 0 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 th e applicable emission standards esta blished in any permit or approval, administrative or court order, Certificate of Public Convenience and N ecessity, or regulation in this subtitle. (2) Data Reduction. A CEM used to monitor a gas concentrati on shall record not less than fo ur 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 du rability of acceptable monitoring systems, as provided in COMAR 26.11.31, and i s 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 Depart ment determines that the CEM data may not meet performance specifications because of component re placement or other conditions that a ffect 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:AIR QUALITY

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26.11.01 Page 13 Effective as of July 08, 2013 (i) The cause, time periods, and magnitude of all emi ssions 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 includin g 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 du ring 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 de termined to be necessary to evaluate the data, to ensure that compliance is achieved, or to determine the applicability of this regulation. (d) All information required by this regulation to be reported to the Department shall be retained and made available for review by the Department for a minimum of 2 years from the time the report is submitted.

Administrative History

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

Regulation .01A-1, F-1 adopted effectiv e October 10, 1981 (8:18 Md. R. 1480) Regulation .01H amended effectiv e 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 M d. 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 e ffective 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 amende d, 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 Februa ry 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 A ugust 16, 1983 (10:14 Md. R. 1262); recodified as Regulation .0 9 On July 18, 1980, Subtitle 18 Air Quality was reorganized and recodified from 7 chapters to 22 chapters. Citation tables listin g 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 D ecember 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 effectiv e 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 e ffective 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 Sept ember 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 199 2 (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 effectiv e July 22, 1991 (18:13 Md. R. 1484) Regulation .01P-1, P-2, P-3 adopted e ffective 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 M d. R. 306) Regulation .01U amended effectiv e May 8, 1991 (18:6 Md. R. 688) Regulation .01U-1 adopted effectiv e 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)

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26.11.01 Page 14 Effective as of July 08, 2013

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 2 2, 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); Septe mber 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 Janua ry 2, 2011 (38:4 Md. R. 263); amended permanently effective Ma y 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) 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, 2 005 (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 effec tive May 17, 2010 (37:10 Md. R. 724) Regulation .05-1 adopted effective December 7, 1992 (19:24 Md. R. 2128) Regulation .07C amended effectiv e May 8, 1995 (22:9 Md. R. 648) Regulation .08A, B amende d 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 Se ptember 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, C amended effective August 22, 2011 (38:17 Md. R. 1014) Regulation .10F amended effective August 22, 2011 (38:17 Md. R. 1014) 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; Janua ry 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 effectiv e January 2, 1980 (6:23 Md. R. 1839) Regulation .01W, DD, SS adopted effec tive June 25, 1975 (2:14 Md. R. 1015) Regulations .01P, WW, .03B amended e ffective March 30, 1977 (4:7 Md. R. 579) Regulation .01F, G, X, XX adopted eff ective June 28, 1977 (4:11 Md. R. 866) Regulation .01ZZ adopted effective September 10, 1978 (5:18 Md. R. 1387) Regulation .01AAA, BBB adopted effectiv e 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 effectiv e 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 e ffective 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 eff ective June 25, 1975 (2:14 Md. R. 1015) Regulation .11G, H, K am ended effective March 30, 1977 (4:7 Md. R. 579) Regulation .11G, J, K amended effectiv e 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 Septembe r 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 COM AR 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 effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .02E, F adopted effectiv e June 25, 1975 (2:14 Md. R. 1015)AIR QUALITY

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26.11.01 Page 15 Effective as of July 08, 2013 Regulation .02F amended effectiv e March 30, 1977 (4:7 Md. R. 579) Regulations .02 and .03 amended effec tive December 10, 1979 (6:21 Md. R. 1708) Regulation .03A—E amended effectiv e June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579) Regulation .04A—G amended effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .04B, D, G, I amended effec tive 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 effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulations .06D, .07A, B amended effective March 30, 1977 (4:7 Md. R. 579) Regulation .07 repealed and new Regulation .07 adopted effective September 10, 1978 (5 :18 Md. R. 1387); amended effective Janua ry 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; Fe bruary 12, 1974 Regulation .01B, D amended effectiv e 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 effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .02D amended effectiv e March 30, 1977 (4:7 Md. R. 579) Regulation .02B, E amended effectiv e June 28, 1977 (4:11 Md. R. 866) Regulation .03A amended effective January 2, 1979 (5:23 Md. R. 1740) Regulation .03A—D amended effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .03A—C, E amended effec tive March 30, 1977 (4:7 Md. R. 579) Regulation .03B, E amended effectiv e June 28, 1977 (4:11 Md. R. 866) Regulation .03G adopted effectiv e June 28, 1977 (4:11 Md. R. 866) Regulation .04B—G, J amended effectiv e 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 effec tive March 30, 1977 (4:7 Md. R. 579) Regulation .04D amended effectiv e 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 effectiv e 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 eff ective June 25, 1975 (2:14 Md. R. 1015) Regulation .06C, E, G amended effec tive March 30, 1977 (4:7 Md. R. 579) Regulation .06G, H amended effectiv e January 2, 1980 (6:23 Md. R. 1839) Regulation .07 adopted effective Septembe r 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 effectiv e 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 effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .02D amended effectiv e 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 effectiv e June 25, 1975 (2:14 Md. R. 1015) Regulation .03A—C, E amended effec tive March 30, 1977 (4:7 Md. R. 579) Regulation .03B, E amended effectiv e June 28, 1977 (4:11 Md. R. 866) Regulation .03G adopted effectiv e June 28, 1977 (4:11 Md. R. 866) Regulation .04B—G, J amended effectiv e 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 effec tive March 30, 1977 (4:7 Md. R. 579)DEPARTMENT OF THE ENVIRONMENT 26.11.01.11

26.11.01 Page 16 Effective as of July 08, 2013

Regulation .04D amended effectiv e 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 effectiv e 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 eff ective June 25, 1975 (2:14 Md. R. 1015) Regulation .06C, E, G amended effec tive March 30, 1977 (4:7 Md. R. 579) Regulation .06G, H amended effectiv e January 2, 1980 (6:23 Md. R. 1839) Regulation .07 adopted effective Septembe r 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 20, 2012 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 02 Permits, Approvals, and Registration

Authority: Environment Article, §§1-101, 1-404, 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 s ubject 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 in cluding 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 su bject 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 t hose provisions in a Part 70 permit that allow the permittee to make choices about how the source is operated, as pr ovided 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 Impl ementation Plan (SIP); (b) A federally enforceable term or cond ition of a preconstruction permit and perm it to construct issued pursuant to regulations approved or promulgated through rule making unde r Title I, including those concerning Prevention of Significant Deterioration under Part C or those concerning Nonattainment unde r 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 concer ning hazardous air pollutants under §112 of the Clean Air Act, including any requirement concerning accidental release prev ention 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 ce rtification 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;DEPARTMENT OF THE ENVIRONMENT 26.11.02.01

26.11.02 Page 2 Effective as of December 20, 2012 (j) A standard or other requirement of the program to contro l air pollution from outer con tinental shelf sources under §328 of the Clean Air Act; (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 requ irement 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 subm its an application for a permit. (9) "Application" means a written request for a permit re quired 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 issu ed 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" m eans 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 fi nal review of the application, may require to assure that emissions estimates are reasonabl y accurate and that all applicable requirements will be met. (14) "Contested case hearing" means a hearing that meets the requ irements 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 an d nonadjudicatory hearing in accord ance with 40 CFR §70.7(h) or affected state review under 40 CFR §70.8. (b) "Draft permit" also means a draf t 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) "Em issions 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 ai r 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 requirem ents of a permit to construct or State pe rmit 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.AIR QUALITY

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26.11.02 Page 3 Effective as of December 20, 2012 (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. (22) "General Part 70 permit" means a Part 70 permit th at meets the requirements of COMAR 26.11.03.21. (23) "General permit" means a general Part 70 permit, a general pe rmit 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 meet s 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 Implemen tation 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 issu ed, 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) Portab le 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 crushe rs and screens, and portable stills.DEPARTMENT OF THE ENVIRONMENT 26.11.02.01

26.11.02 Page 4 Effective as of December 20, 2012 (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 cap acity of a source to emit an air pollutant, including air po llution control equipment and restrictions on hours of operation or on the type or amount of ma terial combusted, stored, or processed, shall be treated as part of its design if the limitation is enfo rceable 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 concerni ng acid rain emissions in Tit le 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 requiremen ts 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 (NO x ) 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 pr evention 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 b e 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 th e 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 CO 2 Emissions from Bioenergy and Other Biogenic Sources under the Preventio n 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" m eans one of the following: (a) For a corporation: a president, secretar y, 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 oper ation of one or more manufact uring, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gros s annual sales or expenditures exceeding $25,000,000 in second quarter 1980 dollars, or (ii) The delegation of authority to the representativ e is approved in advance by the Department; (b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively;AIR QUALITY

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26.11.02 Page 5 Effective as of December 20, 2012 (c) For a municipal, State, federal, or othe r public agency: either a principal executive officer or ranking elected official; for the purposes of this chapter and COMAR 26.11.03, a prin cipal executive officer of a fede ral 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 (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 en forceable 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 in stallation 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 cha nge in operation to a source that qualifies as a: (a) Modification under §111 of Title I of the Clean Air Ac t 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 prev ention 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 pote ntial to emit, in the aggregate, 10 tons per year or more of a hazardous air pollutant which has been liste d 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 fr om 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) Fo r 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 ma jor source of fugitive emissions of the pollutant, as determined by rule by the EPA; orDEPARTMENT OF THE ENVIRONMENT 26.11.02.01

26.11.02 Page 6 Effective as of December 20, 2012 (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 NO x for sources located in Baltimore City or Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Ca lvert, Charles, Freder ick, Montgomery, or Prince George's counties; (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, Wash ington, Wicomico, or Worcester counties; (iii) 100 tons per year or more of NO x for sources located in Allegany, Caro line, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washi ngton, Wicomico, or Worcester counties; or (iv) 100 tons per year or more of carbon monoxide for sour ces 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 CO 2 Emissions from Bioenergy and Other Biogeni c Sources under the Prevention of Signifi cant 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 th e 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 capac ity exceeding 300,000 barrels; (w) Taconite ore processing plants;AIR QUALITY

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26.11.02 Page 7 Effective as of December 20, 2012 (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 (aa) All other stationary source categories regulated by a standard promulgated under §111, concerning New Source Performance Standards, or §112, concerning hazardous air pollutant s, of the Clean Air Act, but on ly 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 emittin g 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 sour ce, 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 th e 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 .1 0 of this chapter are not required to be registered. This provision does not authorize or perm it 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 Regula tion .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 t o 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 complete ness. The owner or operator of a source shall expeditiously notify the Department of an appointment of a new responsible official. Th e certification shall be in the following form: "I certify under pena lty of law that this document and all attachments were prepa red 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 d irectly responsible for gathering the inform ation, 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 info rmation, including the possibi lity of fine and imprisonment for knowing violations."
G. Confidential Information. All information submitted in an applica tion 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 tim e ofDEPARTMENT OF THE ENVIRONMENT 26.11.02.03

26.11.02 Page 8 Effective as of December 20, 2012 a request for inspection or copying, determ ines that the information is confidential, in accordance with the provisions of Stat e 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 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 failu re of the Department to act on an app lication 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 Ai r Act or authorized by the EPA, the Department may include an applicable requirement of the Clean Air Act in a permit that it issues rega rdless of whether the applicable requirement has been adopted a s a regulation by the Department.

L. Portable Emissions Units. (1) The owner or operator of a portable emissions unit shall obtai n 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 per mit 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. I f 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 tempor ary 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 o f 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 issu ed 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 ope rate the unit at any other site for which a permit to construct has been issued for the unit.

.03 Federally Enforceable Permits to Constr uct 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 applicabl e 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 p ermit 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:AIR QUALITY

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26.11.02 Page 9 Effective as of December 20, 2012 (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; (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 emi ssion 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 environme nt. 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 A ir 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 requir ements 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 Perm its 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:DEPARTMENT OF THE ENVIRONMENT 26.11.02.07

26.11.02 Page 10 Effective as of December 20, 2012 (1) Shall comply with all applicable emission standards se t forth in this subtitle, including but not limited to: (a) New Source Performance Standards (NSPS) contained in COMAR 26.11.06.12, (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 Re view (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 Departme nt 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 contai ned 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 wh ich 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 Worker s' Compensation laws, as required by Enviro nment 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 appli cation for a permit to construc t, an approval, or a State permit to operate if: (1) The applicant has not complied with all proced ural requirements of this regulation; or (2) Based on past history of the applicant or source, the Departme nt 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 Reop ening and Revising a Permit or Approval. A. Not ification of Denial; Hearings. A denial of a permit to constr uct, an approval, a State permit to operate, or the State-only enforceable provisions of a Part 70 permit shall be served as su mmonses are served or by certified mail upon the applicant, and is final unless the applicant requests a hearing before the Department within 15 days after service. When a hearing is requested b y the applicant, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, an d Environment Article, §2-605, Annotated Code of Maryland.

B. 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 p ermit shall be served as summonses are served or by certified mail upon the permittee, and is final unless the permittee requests a hearing before the Department within 15 days after service. Wh en a hearing is requested by the permittee, it shall be held purs uantAIR QUALITY

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26.11.02 Page 11 Effective as of December 20, 2012 to the contested case provisions of State Government Article, Title 10, Subtitle 2, and Environment Article, §2-605, 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 a nd COMAR 26.11.03. In determining the appropriate penalty to seek in an administrative or judi cial 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 requiremen ts 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 i s not by itself a basis for administrative or judi cial enforcement action if the source has su bmitted a timely and complete applicati on and is in compliance with the prior State permit to operate or Part 70 permit. This protection ceases to a pply if, subsequent t o a timely submission of a complete application, the applicant fails to submit by the deadline specified in writing by the Departme nt 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—ap proval required, except for electric generating stations that receive a certificate of public conven ience and necessity (CPCN) unde r Public Utilities Article, §§7-2 07 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 an d necessity (CPCN) under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland; (3) New Source Performance Standard Sour ce (NSPS source), as defined at COMA R 26.11.01.01 — permit to construct required, except for electric generating sta tions 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 el ectric generating stations that receive a certificate of publi c convenience and necessity (CPCN) under Public Utilities Ar ticle, §§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 contro l equ ipment, 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.

D. General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions units, or control equipment.DEPARTMENT OF THE ENVIRONMENT 26.11.02.10

26.11.02 Page 12 Effective as of December 20, 2012 .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 eff ect, 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 us ing gaseous fuels or No. 1 or No. 2 fu el 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 shav ing 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 up on sensitized material through the use of radiant energy; (8) Equipment for drilling, carving, cutting, routing, turning, sawi ng, 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; (1 1) 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; (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;AIR QUALITY

26.11.02.11

26.11.02 Page 13 Effective as of December 20, 2012 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 ca pacity 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 cap acity of 1,000 pound s (454 kilograms) or less each, in which no sweating or distilling is conducted, or any fluxing c onducted, using chloride, fluori de, 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 containi ng 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 exclusiv ely 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 define d in COMAR 26.13.01.03B(3 3), and for which a hazardo us 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-sp ecific 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) T he 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 (3) The pre-control potential-to-emit from the proposed installa tion, 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).DEPARTMENT OF THE ENVIRONMENT 26.11.02.11

26.11.02 Page 14 Effective as of December 20, 2012 .11 Procedures for Obtaining Permits to Co nstruct Certain Significant Sources. A. Applicability. (1) The owner or operator of a source shall comply with the pr ocedures 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 significan t deterioration requirements at 40 CFR §52.21; (c) That, after control, will discharge 25 tons per year or mo re 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 constr uct 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 existi ng 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 pr ocess to the existing source; and (c) Modification of an existing permitted source by making a phy sical or operational change to the source that will result in a significant net increase in emissions of any pollutant from that source.

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) A source that constitutes 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, fo r 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 procedur es may not alter any existing Part 70 permit procedures or tim e frames.

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 t hat 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) Dra wings that depict the layout of the equipment or operations; (b) Flow sheets that depict how the equipmen t or operations relate to each other; (c) Material balance sheets; (d) Equipment drawings and literature; and (e) Purchase specifications;AIR QUALITY

26.11.02.11

26.11.02 Page 15 Effective as of December 20, 2012 (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. The Departme nt shall require the applicant to send to a newspaper for publication a notice regarding the application that satisfies the requirements of Environment Ar ticle, §1-602(a), Annotated Cod e 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 not ice regarding the informational meeting that satisfies the require ments 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.

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. The Department shall prepare a tentative determination regarding the application. The tentative determination shall include: (1) A proposal to issue or deny the permit; (2) Any proposed permit terms and conditions; (3) A brief explanation of the Department's tentative determination; (4) Any proposed schedule of compliance; (5) If the tentative determination is to issue the permit, a draf t permit, which will be available to the public for inspection and copying.

I. Notice of Tentative Determination; Public Comment; Public He aring. The Department shall publish or require the applicant to publish a notice regarding the tentative determination that satisfies the requirements of E nvironment Article, §1-602(a), Annotated Code of Maryland. As determined by the Department, the notice shall provide the opportunity for written public comment within 30 days and either that a public, nonadjudicator y 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 with in the 20-day request period, or from th e applicant, the Department shall publish or require the applican t 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 tent ative determination, the applicant shall attend the hearing and present information concer ning the application. Written public comments will be accepted if they are r eceived by the Department at the public hearing or within 5 days af ter the public hearing. Oral public comments may be made at the public hearing. The Department shall consider all public comment s that raise issues of law or material fact regarding an application for a permit o r a ten tative determination, but only if the issues are pertinent to requirements of the Clean Air Act or State air pollution contr ol law applicable to the proposed permit to construct. Comments raising issues that relate to the location or nature of a proposed sou rce may be considered only if the commenter first demonstrates to th e satisfaction of the Department that the Department is require d by law to consider the issues.

K. Final Determination. The Department shall prepare a final determination if:DEPARTMENT OF THE ENVIRONMENT 26.11.02.12

26.11.02 Page 16 Effective as of December 20, 2012 (1) Timely and pertinent written comments ar e received during the public comment period, or not later than 5 days after the public hearing, that are adverse to the tentative determination; (2) 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 (3) The final determination is substantively different from the te ntative determination and all persons aggrieved by the final determination have not waived in writing their right to request a contested case hearing.

L. Notice of Final Determination. If the Department is required to prepare a final determination, as provided in §K of this regulation, the Department shall publish or require the appli cant to publish a notice of the final determination that satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland. If the Department is not required to prepare a fina l determination under §K of this regulation, the Department shall issue or deny the permit and the tentative determination become s the final determination.

M. Contested Case Hearing. (1) Not later than 15 days after publication of the notice required by §L of this regulation, a person may request a contested case hearing to appeal a final determination to issue or deny a permit subject to this regulation by submitting a written reque st for adjudication to the Department if the submission contains factua l allegations with sufficient particularity to demonstrate that : (a) The person is aggrieved by the final determination; and (b) The final determination is legally inconsistent with any provisions of law applicable to the final determination being challenged or based upon an incorrect determination of a relevant and material fact. (2) In deciding whether a contested case hear ing should be conducted, the Department may consider whether the allegations that are the basis for the request were raised with particularity at the public hearing or during the public comment period on the tentative determination. (3) Procedures for referral of requests for contested case hearin gs and for conducting these hear ings are set forth in State Government Article, Title 10, Subtitle 2, and Environment Artic le, §1-601 et seq., Annotated Code of Maryland, and COMAR 28.02.01 and 26.01.02. COMAR 26.01.02 applies only to the extent that it contains procedures relating to matters that are not addressed at COMAR 28.02.01. (4) As provided in Environment Article, §1-605(d), Annotated Code of Maryland, matters related to zoning and land use may not be raised in a contested case hearing except as expressl y provided in Environment Article, §1-605(d), Annotated Code of Maryland.

N. For the purposes of this regulation, a notice that satisfies th e 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 proposed source is to 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 repr esentative, 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 propo sed source. The applicant shall bear all costs related to providing the notice.

.12 Procedures for Obtaining Approvals of PSD Sources and NS R Sources, Permits to Construct, Permit to Construct MACT Determinations On a Case-by-Case Basis in Accordance with 40 CFR Part 63, Subpart B, and Certain 100- Ton Sources. A. Applicability. Except as provided in §B of this regulation, the owner or operator of a source shall comply with the procedures in this regulation when applying for the following: (1) Approval for a source that is a Prevention of Significant Deterioration (PSD) source or a New Source Review (NSR)
source; (2) Except as required in 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;AIR QUALITY

26.11.02.12

26.11.02 Page 17 Effective as of December 20, 2012 (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 permit to construct a MACT determination on a case-by-case basis in accordance with 40 CFR Part 63, Subpart B.

B. Alternative Procedures. The owner or oper ator of a PSD source or an NSR source may elect to use the procedures of Regulation .11 of this chapter to obtain the approval of the source. In this event, an application for an approval and for a pe rmit to construct shall be submitted concurrently and will be processed si multaneously. The time limits in Regulation .11 of this chapt er may be extended by the Department for sources electing to have applications processed simultaneously under that regulation. An approval issued under Regulation .11 of this chapter is not su bject to a request for a contes ted case hearing under Regulation .11M of this chapter.
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 th e 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 ap proval 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 av ailable 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 Requ est a Public Hearing. The applicant shall publish a notice in at least one newspaper of general circulation in the area c oncerned. The applicant shall file a copy of the public notice an d 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 require d by §E(2) of this regulation is available for public inspection; (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 ar ea concerned. The applicant shall file a copy of the public no tice 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) B e published at least 30 days before the scheduled hearing.

H. The Department may decide to proceed directly to a public he aring, 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 i ssues of law or material fact regarding an application for an approval or permit to construct, but only if the issues are pe rtinent to requirements applicable to PSD and NSR approvals orDEPARTMENT OF THE ENVIRONMENT 26.11.02.13

26.11.02 Page 18 Effective as of December 20, 2012 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 Departme nt that the Department is required by law to consider the comments.

J. Not later than 60 days after the conclusion of a public comm ent 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 proced ures set forth in this regulation, the Depa rtment 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 regulati on: (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 meta l holding 1 ton (907 kilograms) or mo re 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; (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 th roughput; (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;AIR QUALITY

26.11.02.13

26.11.02 Page 19 Effective as of December 20, 2012 (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 term s are defined by COMAR 26.11.13.01B; (19) Motor vehicle fuel storage tanks, except fo r 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 co ndensers, 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 premis es 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 bush els 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; (39) Petroleum-contaminated soil treatment installations; (40) Stainless steel manufacturing installa tions including electric arc furnaces, ar gon-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 ch lorination 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 th roughput 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 lo cated at commercial premises that collect or consolidate materials containing waste oil from more than one premises unless:DEPARTMENT OF THE ENVIRONMENT 26.11.02.13

26.11.02 Page 20 Effective as of December 20, 2012 (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 po llutants 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 great er 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 manuf acturing 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 to tal pre-control potential-to-emit for VOC of 33 pounds or more per day from all synthesized pharmaceutical ma nufacturing 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 capac ity 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 al kyd 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 inst allations 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; (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 sign ificant 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) Whethe r permit conditions are necessary to ensure that the source complies contin uously 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 th e Part 70 permit is revised to include the emissions unit, the Part 70 permit constitutes the State permit to operate for that emissio ns unit.AIR QUALITY

26.11.02.14

26.11.02 Page 21 Effective as of December 20, 2012 D. The Department, on a case-by-case basis, may exempt a source from the requirement for a St ate 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 poten tial to cause air pollution.

E. The Department may issue a single State pe rmit 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 availabl e to officials of the De partment upon request.
H. The Department may issue a general State perm it to operate covering similar sources.

.14 Procedures for Obtaining State Permit s to Operate and Permits to Constr uct 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 pe rmit to construct is required, as provided in Regulations .09 and .10 of this chapter, and th at 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 Depar tment to begin to determine whether the source can be operated in con tinuous 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 equipmen t 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) Fo r 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 so urce is to commence operating. A complete application for theDEPARTMENT OF THE ENVIRONMENT 26.11.02.15

26.11.02 Page 22 Effective as of December 20, 2012 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 no tice, informational meetings, public hearings, or other public participation procedures which pertain to permits to construct an d 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 de nial or the unacceptable terms a nd conditions. The Department sha ll refer the appeal to the Offi ce 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 procedur es 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 applicati on 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 pur suant 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 initia l permit to operate, the Department shall determine the appropriate permit fee covering the first and second 12-month pe riods of the permit and bill the applicant. For subsequent year s, the Department shall determine the appr opriate 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 th e 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 permi t is issued or from a subsequent anniversary of the date. (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.AIR QUALITY

26.11.02.17

26.11.02 Page 23 Effective as of December 20, 2012 (7) When assessing the permit fees under this chapter, the Depart ment 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 el ectric 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 Serv ice 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 for New or Modified Emissions Units. A. A person who submits an application for a permit to construct a new or modified emissions unit shall pay a base fee of $200 plus any applicable additional fees listed in §B of this regulation.

B. A person who submits an application for a permit to construct an emissions unit that is subject to T-BACT requirements under COMAR 26.11.15.05, permit to operate requirements under Regulation .13 of this chapter, NESHAP requirements under COMAR 26.11.15.02, NSPS requirements under COMAR 26.11.06.12, PSD requirements under COMAR 26.11.06.14, or NSR requirements under COMAR 26.11.17, shall pay the following additional fees as applicable: Category
Additional Fee (1) Dry cleaner, fuel-burning equipment burning gas or No. 2 oil with a rated heat input capacity of less than 50 million Btu per hour, ground water or on-site soil remediation installation, paint spray booth $300; (2) Any other toxic 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) Other toxic source subject to T-BACT but not required to obtain a State permit to operate $800; (4) Source required to obtain a State permit to operate but not covered by §B(5), (6), or (7) of this regulation $1,000; (5) NESHAP or NSPS source, except fuel-burning equipment burning gas or No. 2 oil with a rated heat input capacity of less than 50 million Btu per hour, but not covered by §B(6) or (7) of this regulation $1,500; (6) Source that demonstrates compliance with COMAR 26.11.15 using a dispersion model other than a screening model but not covered by §B(7) of this regulation $5,000; (7) PSD or NSR source, or a toxic source applying for a special permit under COMAR 26.11.15 $20,000.

.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. The owner or operator of a source that is required to obtain, and have in current ef fect, 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, or a State permit to operate, shall pay an annual fee consisting of a base fee of $200 plus an emission-based fee for each ton of regulated emissions from al l installations at the plant or facility.

B. M ethod of Calculating Fees.DEPARTMENT OF THE ENVIRONMENT 26.11.02.19

26.11.02 Page 24 Effective as of December 20, 2012 (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 D ecember 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 carbo n 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 weig ht 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 y ear 2008, the annual emissions shall be based on the emissions certification required under §D of this re gulation which was submitted the previous calendar year; and (b) For sources that certify emissions of 10,000 tons or great er for calendar year 2008, the annual emissions shall be based on the actual emissions of the sa me calendar year as the annual fee. (6) Consumer Price Index. (a) The annual dollar per ton amount prescribed in §B(1) of th is regulation shall be increased on January 1 of each year by the percentage, if any, by which the C onsumer Price Index for the most recent calen dar year exceeds the Consumer Price Index of the previous calendar year. (b) The Consumer Price Index for any calenda r year is the 12-month average of th e 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 th e 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) Id entification, 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 practi ce 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, theAIR QUALITY

26.11.02.19

26.11.02 Page 25 Effective as of December 20, 2012 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 pr ovided at Regulation .02F of this chapter, the actual emissions of regulated air pol lutants 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 sec tion 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 op erate is required is responsible for the timely and complete payment of all permit fees required by this chapter.

Administrative History

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

Regulations .01C and E repealed effec tive February 10, 1984 (10:26 Md. R. 2341) Regulation .03A amended effec tive 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 effectiv e July 10, 1981 (8:11 Md. R. 974) Regulation .03H amended effectiv e 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, 198 0, 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 effectiv e 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 N ovember 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 effectiv e 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 effectiv e April 26, 1993 (20:8 Md. R. 724) Regulations .17—.21 adopted effective November 28, 1989 (16:21 Md. R. 2264) Regulation .17A, B amende d 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 effectiv e March 1, 1993 (20:4 Md. R. 373) Regulation .20 repealed and new Regulation .20 adopted effective Sept ember 13, 1993 (20:18 Md. R. 1432) Regulation .21 repealed effective September 13, 1993 (20:18 Md. R. 1432)

—————— Regulations .01—.20 repealed and ne w Regulations .01—.19 adopted effe ctive 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 Janua ry 2, 2011 (38:4 Md. R. 263); amended permanently effective Ma y 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)DEPARTMENT OF THE ENVIRONMENT 26.11.02.19

26.11.02 Page 26 Effective as of December 20, 2012

Regulation .01C amended effective December 10, 2001 (28:24 Md. R. 2130) Regulation .01C amended as an emergency provision effective Janua ry 2, 2011 (38:4 Md. R. 263); amended permanently effective Ma y 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 .09A amended effective N ovember 16, 2009 (36:23 Md. R. 1818); December 24, 2012 (39:25 Md. R. 1615) Regulation .09C amended effectiv e 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 effec tive 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 .11A amended effective June 16, 1997 (24:12 Md. R. 866) Regulation .12A amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 487) Regulation .12A amended as an emergency provision effective Janu ary 2, 2011 (38:4 Md. R. 263); amended permanently effective Ma y 16, 2011 (38:10 Md. R. 617) Regulation .13 amended effective August 22, 2011 (38:17 Md. R. 1014) Regulation .13A amended effectiv e 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 .19 amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130) 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 Pa rt 70 permit solely because it is subject to regulations or re quirements 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 Pa rt 70 permit would be requi red 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 requi red solely because it is subject to 40 CFR Part 61, Subpart M, concerning National Emission Standards for Hazardous Air Pollutants fo r 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 so lid waste incineration unit for which a permit is required by §129(e) of the Clean Air Act, un til 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 operat e the source after the time that it is required to submit a tim ely and complete application unless the source is in complia nce 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 unti l the Department takes final action. This application shield ends if the applicant fails to submit by the deadline specified in w riting 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 agre es to a federally enforceable permit to construct, State permit to operate, or other federally enforceable requirement that lim its 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 26.11.03.02

26.11.03 Page 2 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 CO MAR 26.11.02 are ef fective 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 EP A 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 fo llowed consistent with the requirements of this chapter and COMAR 26.11.02 so that the public, a ffected states, and EPA are afforded any notice, comment, and participation rights provided by th is 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 co mpliance 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 th ese 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 so urce, the SIC code that represents the primary type of activity is controlling. (3) Part 70 Permit Renewal. (a) Ex cept 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 co mplete 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 ef fective date of the Part 70 permit program, shall submit a complete application to theAIR QUALITY

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26.11.03 Page 3 Effective as of November 12, 2010 Department not later than 12 months after the date that the so urce commences operations or beco mes 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 sour ce shall obtain a permit revision before commencing operation. (5) For a change to a source that is covered by a Part 70 pe rmit, the permittee shall submit an application for a permit revision, as provided in Regulations .14—.17 of this chapter, unl ess this chapter allows the change to be made without revising the permit. (6) Acid Rain Sources. The owner or operato r of a source subject to the requirement s 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 appli cation includes all information required by this regulation and Regulation .03 of this chapter pertaining to applicable requirem ents of the Clean Air Act, excep t that applications for revisio ns 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 al l 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 comp lete within 60 days of its r eceipt. If the Department determin es that the application is not complete, it shall notify the ap plicant 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 applic ant 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 th e source ends. If the time for submitting a timely application ha s expired, the Department will not determine that an application is incomplete without providing notice to the applicant and at l east 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 informati on 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 sh all 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. Us ing the format at COMAR 26 .11.02.02F, a responsible o fficial shall certify to the truth, accuracy, and completeness of: (1) Each application, report, and compliance cer tification required by this chapter; or (2) A Part 70 permit to be submitted to the Department.
G. Th e 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 De partment 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 informati on relating to applicable requirements of the Clean Air Act, including information claimed to be confidential, that is necessa ry for the Department to decide whether to issue or deny a Par t 70 permit. The information shall be submitted on pe rmit application forms provided by the Department.DEPARTMENT OF THE ENVIRONMENT 26.11.03.03

26.11.03 Page 4 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 nu mber 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 th e 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 app licable to each emission unit an d 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 n ecessary 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 equipmen t or devices at the source used to monitor, capture, control
, contain, or prevent emissions; (8) A description of all maintenance schedules, preventative m easures, 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 comp liance 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, a nd 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;AIR QUALITY

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26.11.03 Page 5 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 conditio ns 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 th e Part 70 sources that contain the following: (a) A description of the compliance status of the source with resp ect to all applicable requirem ents of the Clean Air Act, (b) For applicable requirements of the Clean Air Act for wh ich 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 detaile d 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 complia nce 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 requireme nts 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, te sting, record keeping, and repor ting protocol for each emission unit; (23) A statement certifying that a risk management plan has or w ill 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 app licable requirement fo r which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent a s that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of complianc e 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; andDEPARTMENT OF THE ENVIRONMENT 26.11.03.04

26.11.03 Page 6 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 tran sfer 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 fac ility, 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 fire places, 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 requireme nt 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 Pa rt 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.AIR QUALITY

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26.11.03 Page 7 Effective as of November 12, 2010 C. Fugitive Emissions. Fugitive emissions from a Part 70 source sh all 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 sour ce 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 el ectric generating station that is an affect ed 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 Co nditions. The Department may incl ude 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, th e 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 co nditions 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 perm it 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 lawfu lly 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 fo r 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 eac h scenario under which the source is operating and the date and time that the scena rio started and ended, (b) M ay 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 scenar io 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 Ac t 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;DEPARTMENT OF THE ENVIRONMENT 26.11.03.06

26.11.03 Page 8 Effective as of November 12, 2010 (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 c itizens under the Clean Air Act, except for any terms and conditions that are identifi ed 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 auth ority 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 a pplicable 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 perm it 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, rene wal, or significant modification process, and the Department elect s 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 o f 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 representa tive of the compliance status of the source with the permit. Th e Department may determine the record-keeping requirements, as desc ribed in §C(5) of this regulation, may be sufficient to satisf y 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, an d 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 perfor med 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) T he 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;AIR QUALITY

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26.11.03 Page 9 Effective as of November 12, 2010 (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 requireme nts, 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 per mit, by submitting a written description of the deviation to the Department, including the cause and dates and times of the onset an d 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, th e permittee shall submit the action taken or planned to reduce, eliminate, and pr event 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 noncomplian ce with another applicable requ irement of the Clean Air Act. (3) Allowances shall be accounted for accordin g 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 Cl ean 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 do es 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) Du ty 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 revi sing or revoking the permit. Upon request, the permittee shall also furnish to the Department records required to be kept under theDEPARTMENT OF THE ENVIRONMENT 26.11.03.06

26.11.03 Page 10 Effective as of November 12, 2010 permit. For information claimed by the permittee to be confiden tial and therefore potentially not disclosable to the public, th e Department may require the permittee to provide a copy of the re cords directly to the EPA along with the claim of confidentiali ty.
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 chapte r to all terms and conditions related to emissions trading; (3) Shall meet all applicable federally enfo rceable regulatory and perm it 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 wh ich the Department determines that replicable procedures have not been identified by the applicant to ensure th at 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, testi ng, monitoring, reporting, and record-keeping requirements sufficient to assure compliance with the perm it. A report or other document that a Part 70 permit requires to be submitted to t he Department shall contain a certification by a responsible offi cial that meets the requiremen ts 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 de lay 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 requiremen t in the schedule of compli ance was or will be met; and (b) An explanation of why a date in the schedule of complian ce 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) Th e 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 th is regulation, the methods for monitoring a nd 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 enfor ceable term or condition of the permit th at is the basis of the certification; (b) The compliance status;AIR QUALITY

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26.11.03 Page 11 Effective as of November 12, 2010 (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 no tification of the permit proceeding in accordan ce with the provisions of this regulation. (2) A permittee whose Part 70 permit is reopened under Regulatio n .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 thos e 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 Sta te, and EPA notification, comment, and review procedures required by this regulation. (4) Except as expressly provided otherwise, this regulation does not apply to the Stat e-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 permitt ee 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 circul ation 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;DEPARTMENT OF THE ENVIRONMENT 26.11.03.08

26.11.03 Page 12 Effective as of November 12, 2010 (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 onl y 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 th e 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 g ive 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 comme nters, 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 th e 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 fo r oral statements made at a public hearing.

.08 Review by Affected Stat es 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 provi ded. Notification of a minor permit modification sh all 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 subjec t to this regulation. Notice of a reopened permit shall also be provided to affected states for review not later than the date th at the public notification is required by Regulation .07 of this chapter.

B. An affected state shall have 30 days from the date of notifica tion provided in §A of this re gulation to provide comments to the Department.
C. The Department shall notify in writing the EPA and any affect ed state that submitted comments within the 30-day comment period of a decision by the Department not to incorporate any reco mm endation from that affected st ate 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 Re gulation .16 of this chapter, and shall include the Department's reasons for not accepting the recommendations. The Department shall refuse to accept a recomm endation 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 theAIR QUALITY

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26.11.03 Page 13 Effective as of November 12, 2010 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 revisi on 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 bas ed only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity dur ing 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 petiti on 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 pe rmit 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 objectio n to resolve the objection an d to reopen and revise or revoke the permit. If the Department fails to resolve the EPA obj ection 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 eve nt, 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 app licant 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 h as been denied or of the objectionable terms and conditions. The re quest shall include the basis for the request and refer to any objectionable terms and conditions.

B. Referral to Office of Administrative Hearings. The Departme nt 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 fo r the request, the referral is limited to the objectionable t erms 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 ha s requested notice. The applicant sh all also provide notice in a newspaper of general circulation in the area of the source for w hich th e Part 70 permit is sought. Before the notices required by this section are sent or published, the form and content of the no tices shall be submitted by the applicant to the administrative law judge for approval.

D. Rights of Other Persons to Participate. Th e 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 t he requirements of Maryland law.

E. Additional Notice and Final Decision. If the EPA did not partic ipate 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 beforeDEPARTMENT OF THE ENVIRONMENT 26.11.03.12

26.11.03 Page 14 Effective as of November 12, 2010 the Department issues its final decision in the contested case. If the EPA comments within 45 days, the Department shall provid e a copy of those comments to all parties to the contested case hearing and 10 days to respond to those comments. After the end o f this comment period, or without a comment pe riod if EPA participated in the conteste d 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 proc edures for contested cases in §§A and B of this regulation, if the determination is made after the time for submitting a timely appli cation. The requirements of §§ C—E of this regulation do not apply to a contested case hearing held under this section.
G. State-only Enforceable Cond itions. 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 Pa rt 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 th e 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 EP A, 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 an d respond in writing to a request w ithin 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 deci sion within a time limit prescribed in this chap ter. (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.AIR QUALITY

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26.11.03 Page 15 Effective as of November 12, 2010 (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 f iled 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 germ ane 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 fo r 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 regard ing a Part 70 permit in a case that is a contested case, the record for judicial review shall be compile d in accordance with COMAR 28 .02.01 and other law that pe rtains to contested cases. (2) For cases involving judicial review of th e 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 wh en 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 th e 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 re ceived 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 requir ements 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 ac hieve compliance that is acceptable to the Department; (e) The EPA has received a copy of the prop osed permit and any other information required by Regulation .09A of this chapter, and has either not object ed 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 St ate-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, o r in regu lations promulgated by EPA under Title IV and Title V of th e 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 ac tion 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 prov ided in Regulation .16F of this chapter; or (c) 9 months for a significant permit modification, as provided in Regulation .17G of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.03.14

26.11.03 Page 16 Effective as of November 12, 2010 (4) Final action on an application for a general Part 70 permit sh all 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 ba sis for the draft fe derally enforceable permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall provide this statement to the EPA, affected states, an d 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 app lications, public participation, and affected state and EPA re view. (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 pe rmit until the Department has taken final action on the permit renewal.
C. No Default Issuance. As provided in COMAR 26.11.02.02I, failu re 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 incl ude only information listed that is related to the proposed ch ange 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 ch anges 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 chan ge 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 respons ible official, in accordance with Regul ation .02F of this chapter and COMAR 26.11.02.02F, that the proposed am endment meets the criteria for an administrative permit amendment; and (3) Id entify 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 contai ning a specific date for transfer of permit responsibility, c overage, and liability between the current and new permittee has been submitted to the Department;AIR QUALITY

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26.11.03 Page 17 Effective as of November 12, 2010 (5) Incorporates into the Part 70 permit the requirements from preconstruction review permits or approvals issued by the Department in accordance with the requiremen ts of this subtitle, but only if the procedures for prec onstruction 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 enfor ceable, if the permittee has obtained all necessary permits to construct and a pprovals 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 regulation s promulgated under Title IV of the Clean Air Act.

D. The Department shall take final action to approve or deny an ad ministrative permit amendment wi thin 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 appli cation for an administrative am endment 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 modifi cation 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 certifica tion 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 fede rally enforceable emission standard, (b) Source-specific determination for tempor ary 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 requirem en t of the Clean Air Act, but that the pe rmittee 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 pr ocessed as a significant modification to a Part 70 permit.DEPARTMENT OF THE ENVIRONMENT 26.11.03.16

26.11.03 Page 18 Effective as of November 12, 2010 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 Regula tion .03 of this chapter, and which includes the following: (1) A description of the proposed change, the emissions resultin g 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 criteri a for a minor permit modification, and (b) The permittee has obtained or applied for all required permit s 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 la ter 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 .09 A 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 obj ect 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 describe d 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 an d 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 ch ange 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.AIR QUALITY

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26.11.03 Page 19 Effective as of November 12, 2010 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, bu t 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 app licable 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 .1 5 of this chapter or as a minor permit modification under Regulation .16 of this chapter. A significant change or relaxa tion 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 o f operation of a source or of an emission unit within the source. Air pollution control equipment may not be shut down or its lev el 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 pa rticipation, and review by aff ected 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 a ny new applicable requirements of the Clean Air Act that will apply if the change occurs; (2) Public participation, and review by af fected 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 signifi cant permit modification.

E. As provided at Regulation .15B(5) of this chapter, an administ rative permit amendment may be used to make a change that would otherwise require a significant permit modification if proced ures for enhanced preconstruc tion review of the change are followed that satisfy the requirem ents 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 Pu blic 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 permitt ee may make the change only after the permit tee 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 th at 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 p ermittee 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.DEPARTMENT OF THE ENVIRONMENT 26.11.03.18

26.11.03 Page 20 Effective as of November 12, 2010 .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 fede rally 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 emiss ions 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 applic able 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 te rm or condition has been established to limit emissions allowable under the permit; (7) The change does not modify a federally enforceable provis ion 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 chapte r and COMAR 26.11.02.02F, that the proposed change meet s 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 requ ired by §B of this regulatio n 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-Permi t 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; andAIR QUALITY

26.11.03.20

26.11.03 Page 21 Effective as of November 12, 2010 (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 pe rmittee 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 applicati on, as provided in Regulation .04 of this chapter. This written noti ce shall describe the change, including the date it was made, a ny 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 applicatio n 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 sha ll reopen and revise or revo ke the federally enforceable conditions of a Part 70 permit under the following circumstances: (a) Additional requirements of the Clean Ai r 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 requirement s, become applicable to an affected source under the acid rain program; (c) The Department or the EPA determines that the permit cont ains 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 lat er than the date on which the permit is due to expire, unless the original permit or any of the original permit's terms and condit ions 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 Depa rtment. The Department may reopen an d 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

n ational ambient air quality standard or increment; or (b) The Department receives info rmation previously unavailable to the De partment that shows that the terms and conditions of the permit do not accurate ly 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).DEPARTMENT OF THE ENVIRONMENT 26.11.03.20

26.11.03 Page 22 Effective as of November 12, 2010 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 shor ter 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 simu ltaneously to the EPA. Failure to timely respond or submit releva nt 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 th is 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 Depart ment 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 Reop ening. Not later than 30 days after it receives notice of a decision to reopen a permit, unless the De partment 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 t he Department receives a complete application for the revised permit, except that if a complete a pplication is not received within 30 days after the permittee receives notice of the reopening, the perm ittee waives the right to par ticipate in the reopened permit and the date of reopening is the date 30 days after the applicant received notice of the reop ening. In this event, the Department m ay proceed to revise or revoke the permit without the participation of the permittee using, to the extent practicable, the procedu res specified under §C(4) of this regulation, including billing the permittee for any costs of public notice or other costs for whi ch an applicant is responsible under Re gulation .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 pr ocedures 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 th is 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 auth orized by law for violation of a Part 70 permit, including acti ons for penalties and injunctive relief. The Department may reopen and revi se or revoke a Part 70 perm it while administrative or judici al enforcement action is pending or after it has ended.AIR QUALITY

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26.11.03 Page 23 Effective as of November 12, 2010 F. Summary Revocation of a Permit. Notwithstanding any other provisi on of this chapter, in order to protect the public health, the Department may initiate administrative action to revoke a permit using the minimum procedur es 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 noti ce 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 thos e sources that are subject to that permit that differ from the application requirements of Regu lations .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 qualificati on 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 prov ided. 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 in tends 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 a pply for the Part 70 permit in accordance w ith 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 sour ce to an affected source under the acid rain program.

D. Part 70 permits for temporary sources shall include: (1) C onditions to assure compliance with all applicable requirements of the Clean Air Act at all authorized sites;DEPARTMENT OF THE ENVIRONMENT 26.11.03.23

26.11.03 Page 24 Effective as of November 12, 2010 (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 a ll other provisions of this regulation.

E. The owner or operator of a temporary so urce 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 requiremen ts 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 Ai r Act that are included and are speci fically identified in the permit; and (2) Any applicable requirement of the Clean Air Act specifically id entified 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 enfor ce 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 reasonab ly unforeseeable events beyond the control of the owner or operator of the source, including acts of God; (2) Requiring immediate corr ective action to restore normal operation; and (3) That causes the source to exceed a tech nology-based emission standa rd under the Part 70 permit because of unavoidable increases in emissions attributable to the emergency.

B. A n 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 cond itions of a Part 70 permit if the conditio ns 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 permitt ee identified the cause of the emergency; (2) The permitted source was being properly operated when the emergency occurred;AIR QUALITY

26.11.03.24

26.11.03 Page 25 Effective as of November 12, 2010 (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 requi rements of the federally enforceable cond itions of a Part 70 permit and the effec ts 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 we re 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 requiremen ts of Regulation .06C(7)(a)(iii) of this chapter.

F. In a proceeding to establish noncompliance with the federally en forceable conditions of a Part 70 permit, a permittee has the burden of proof to establish th e occurrence of an emergency.
G. This regulation is in addition to an emergency or upset prov ision 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 a nd 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 require ments of COMAR 26.11.02 were effective on August 2, 1996, the date the EP A 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 effectiv e 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 effectiv e December 10, 2001 (28:24 Md.2130) Regulation .19D amended effectiv e December 10, 2001 (28:24 Md.2130)

### This Page Intentionally Left Blank26.11.04 Page 1 Effective as of September 17, 2012 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 04 Ambient Air Quality Standards

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 State Ambient Air Quality Standards — Fluorides. A. "Fluorides" means any matter containing th e element fluorine in a combined form.

B. Ambient air quality standards for fluorides are those concentrations in the ambient air or in other substances which result in the following valu es being exceeded: (1) Field Crops. Field crops at any stage or growth may not exceed 35 micrograms F per gram dry tissue in washed samples. (2) Forage. (a) Running averages of 12 monthly sample s of forage or hay or silage grown in the area as feed may not exceed 35 micrograms F per gram dry tissue in unwashed samples. (b) The average of any 2 consecutive months' samples of forage or hay or silage grown in the area as feed may not exceed 60 micrograms F per gram dry tissue in unwashed samples. (c) A monthly sample of forage or hay or silage grown in th e area as feed may not exceed 80 micrograms F per gram dry tissue in unwashed samples. (3) Fruit Trees, Berries, and Other Commercial Crops. Fully e xpanded functional leaves may not exceed 50 micrograms F per gram dry tissue in washed samples. (4) Deciduous Trees and Shrubs. Fully expanded functional leaves may not exceed 100 micrograms F per gram dry tissue in washed samples. (5) Conifers and Evergreen Trees and Shrubs. Fully expanded l eaves or needles of the curre nt year may not exceed 50 micrograms F per gram dry tissue in washed samples. Leaves a nd needles of prior seasons may not exceed 75 micrograms F per gram dry tissue in washed samples. (6) Grasses and Herbs. Grasses and herbs not subject to browsing, grazing, or harvest for use in feeds or food may not exceed 150 micrograms F per gram dry tissue in washed samples. (7) Ornamental Planting. Ornamental plants, except trees, shrubs, and turf where §B(4)—(7) applies, may not exceed 40 micrograms F per gram dry tissue in fully expanded leaves in washed samples at any period during the growing season. (8) Other Values. If it considers vegetation sampling to be not practicable, the Department may assume unsatisfactory conditions exist when either: (a) Static limed filter paper samples of 28 to 32 days exposure exceed 2 micrograms F per 100 square centimeters per day for a yearly average of monthly samples; or (b) Gaseous fluorides exceed 1.2 micrograms F per cubic meter of air in any 24 hour sample or any 72 hour average exceeds 0.4 microgram F pe r cubic meter of air.
C. Monitoring and Measurement of Fluoride. The methodologies to be used for the monitoring and measurement of fluoride shall be those specified in Method 1005 of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary Sources" (January 1991), whic h is incorporated by reference in COMAR 26.11.01.04C.

.02 Ambient Air Quality Standards, Definitions, Reference Conditions, and Methods of Measurement. For the purposes of this chapter, the ambient air quality standards, definitions, reference conditions, and methods of measurement are those specified in 40 CFR Parts 50, 51, 53, and 58, as amended.DEPARTMENT OF THE ENVIRONMENT 26.11.04.02

26.11.04 Page 2 Effective as of September 17, 2012 Administrative History

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

Regulation .01 amended effective January 18, 1982 (8:25 Md. R. 1995) Regulation .01B amended effectiv e July 2, 1985 (12:11 Md. R. 1050) For the history of this subtitle before June 18, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.04 to COMAR 26.11.04 Regulation .01C amended effective February 17, 1992 (19:3 Md. R. 306)

—————— Regulation .01 amended, Regulati on .02 adopted, and Regulations .01—.07 under COMAR 26.11.03 recodi fied as Regulations .03—.09 under COMAR 26.11.04 Ambient Air Quality Standards e ffective May 8, 1995 (22:9 Md. R. 648)

—————— The following is a history of Regulations .03—.09 before May 8, 1995, as codified under COMAR 26.11.03.01—.07: Effective date: July 18, 1980 (7:12 Md. R. 1148) Regulation .01 amended effective October 14, 1985 (12:18 Md. R. 1766) Regulation .04 amended effective January 5, 1988 (14:24 Md. R. 2555) Regulation .08 repealed effective October 14, 1985 (12:18 Md. R. 1766) For the history of this subtitle before June 18, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.03 to COMAR 26.11.03 Regulation .01 amended effective March 21, 1989 (16:3 Md. R. 347) Regulation .02 amended effective March 21, 1989 (16:3 Md. R. 347) Regulation .03 amended effective Fe bruary 28, 2005 (32:4 Md. R. 411) Regulation .04 amended effective Fe bruary 28, 2005 (32:4 Md. R. 411) Regulation .05 amended effective Fe bruary 28, 2005 (32:4 Md. R. 411) Regulation .07 amended effective Fe bruary 28, 2005 (32:4 Md. R. 411) Regulation .08 amended effective Fe bruary 28, 2005 (32:4 Md. R. 411)

—————— Chapter revised effective September 17, 2012 (39:18 Md. R. 1197)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, Titl e 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 th e atmosphere to adequately dilute and disperse pollutants emitted into it, based on values of specific meteorological para meters of the microscale, mesoscale, and macroscale features, a nd which satisfies the criteria established by the National Meteor ological 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 consump tion 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 conditi on which is predicted with reasonable certaint y 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 conver ts measured air pollutant concentrations to a simple number on a scale of 0 to 500. A level of 100 on the PSI scale correspond s 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 lev els 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 Statem ent (SDS)" means a forecasted atmo spheric 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 th at 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 desig nated asDEPARTMENT OF THE ENVIRONMENT 26.11.05.03

26.11.05 Page 2 Effective as of November 12, 2010 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 accord ance with the standby emission reduction plans, standby orders as specified in Regulation .05 of this ch apter 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 adopte d 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 w ithin the State when a receptor state demonstrates, to the satisfaction of the Secretary, th at a source or sources within Ma ryland is substantially affecting established emergency episod e 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, th e Secretary, or the Secretary's designee determines that the accumulation of air pollutants in any place, locality, c ounty, or other area in the State may attain, is attaining, or has attained levels which, i f sustained or exceeded, would lead to a threat to the health of the public. In making this determination, the Secretary or his designee sh all be guided by the specified conditions in §§B, C, and D, of this regulation.

B. Episode Criteria. (1) Standby Watch Stage. The Department sh all declare a standby watch stage when ever one or more of the following conditions exists: (a) Forecasted meteorological conditions that are expected to last at least 12 hou rs 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 anno uncement of this declaration within 2 hours. (d) Measured air pollutant concen trations 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 regula tion, is attained concurrent with: (a) A judgment by the Department that the pollutant level is repr esentative 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 averageAIR QUALITY

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26.11.05 Page 3 Effective as of November 12, 2010 (4) Warning Stage. A Warning shall be declared by the Secretar y 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 repr esentative 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 regula tion, is attained concurrent with: (a) A judgment by the Department that the pollutant level is repr esentative 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 th at 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) PM 10 480 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 leve ls 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 emissio ns 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 fo r the operation of an installation specifically identified in Table I, II, or III of this chapter shall prepare in writing, st andby 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 accordan ce with the objectives set forth in Tables I, II, and III as applicable.DEPARTMENT OF THE ENVIRONMENT 26.11.05.05

26.11.05 Page 4 Effective as of November 12, 2010 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 re duction plans, consistent with good industrial practice and s afe 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 th e objectives set forth in Tabl es 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 reducti on of emissions to be achieved, the time necessary to achieve the reduction after being notified to implement the plan, and a description of the ma nner in which the reduction will be achieved during an Alert, Warning, and Emergency period in accordance w ith the objectives set forth in Tables I, II, and III. These plans shall be submit ted in the form specified by the Department.

D. During a condition of Alert, Warning, or Emergency, standby em ission 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 regulati on 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, I I, 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 da ys after the receipt of the order. When a hearing is requested by the aggrieved, it shall be held pur suant 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 fo rth in Tables I, II, and III, the Department shall promulg ate such standby emission reduction as will meet the objectives set forth in Tables I, II, and III. The plan shall thereafter be th e 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 fo r use by the Secretary or th e Governor upon the declarati on 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 Ep isode 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 c ognizant local government control officer in public announcemen ts 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 re duction 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.AIR QUALITY

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26.11.05 Page 5 Effective as of November 12, 2010 (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 reductio n plan for a Warning Stage. These persons shall pr epare to put into effect the standby emi ssion reduction plan for an air pollution Emergency.
D. Emergency Stage. (1) The Governor shall announce that an ai r pollution Emergency has been declared and specify appropri ate action to be taken. Radio and television stations shall be reques ted to repeat the declara tion 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 fo r the source of air pollution, and shall par ticularly put into effect the standby em ission 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 thei r operations by ceasing, curtailing, or po stponing operations which cause emissions, to the extent possible without causing injury to persons or damage to equipment. (6) All places of business, employment, an d education described belo w 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 ha rm, 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 s elling merchandise to those persons or companies; (d) All offices of federal, local, county, an d State government, except to the extent that the offices must continue to operate in order to carry out the requirements of this plan, an d 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 comm odities brokers, dealers, exchanges and services, offices or insurance carriers, agents, and brokers, real estate offices; (g) Wholesale and retail laundries, laundry services and cleanin g and drying establishments, photographic studios, beauty shops, barber shops, and shoe repair shops; (h) Advertising offices, consumer credit reporting, adjust ment 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) Establishm ents rendering amusement and recreatio n 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 h ealth 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 ot her than their residences and to make other trips essential to p rotect health and safety.DEPARTMENT OF THE ENVIRONMENT 26.11.05.06

26.11.05 Page 6 Effective as of November 12, 2010 (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 sh all be specified in the Govern or'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 otherw ise specified in a specific emission reduc tion 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 gase ous fuels where possible) (b) Maximum reduction of emissions by diverting electric power generation to facilities outside of Warning areaAIR QUALITY

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26.11.05 Page 7 Effective as of November 12, 2010 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 re fining 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 Warn ing stage is called for these pollutants, unless otherwise specified in a specific emissions re duction 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 mo re 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 re fining 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 stag e is called for these pollutants, unless otherwise specified in a specific emissions reduction plan.DEPARTMENT OF THE ENVIRONMENT 26.11.05.06

26.11.05 Page 8 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, 198 0, 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 effectiv e 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 08, 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, A nnotated 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 ch apter, 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 oper ates as a unit to perform a sp ecific 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 fugitiv e emissions from forming an d 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 othe r facility under contract with a federal f acility 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 occasio nal cleaning of cont rol equipment, if: (a) The visible emissions are not gr eater 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 writi ng and shall include the following: (a) A description of the installation and a ll associated air pollution control devices; (b) Process information, including operating parameters an d the substances that cause or the substances that are suspected of causing the visible emissions;DEPARTMENT OF THE ENVIRONMENT 26.11.06.02

26.11.06 Page 2 Effective as of July 08, 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 re lating 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 Departme nt 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 determ ination 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 th at the installation for which a visible emissions exception is requested meets all other app licable air pollution control requirements within this subtitle when the visible emissions occu r. (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 inco rporated 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 expe nse 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 th e exception. The order may also include an y 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:AIR QUALITY

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26.11.06 Page 3 Effective as of July 08, 2013 (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 P 0.11 —40 E = 11.79 P 0.11 —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 discharg ed 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 Am bient 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 26.11.06.04

26.11.06 Page 4 Effective as of July 08, 2013 (1) A person may not cause or permit emissions from an unconfined source without taking reasonable precautions to prevent particulate matter from becoming airb orne. 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 mak ing this determination, the Department shall consider technological feasibility, practicality, economic impact, and the environment al 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 Constructio n. 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 dem olished without taking reasonab le precautions to prevent particulat e matter from becoming airborne. Th ese reasonable precautions shall include, but not be limited to, the following when ap propriate 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 ve hicles 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 afterb urner with excess oxygen for at least 0.3 se cond at a temperature of at least 1,300 °F.AIR QUALITY

26.11.06.06

26.11.06 Page 5 Effective as of July 08, 2013 (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 diox ide. Installations constructed before January 17, 1972, are limit ed 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 befo re January 17, 1972, is limited to not more than 70 milligram s 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 di oxide. 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 befo re February 21, 1971, is limited to not more than 70 milligra ms 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 emissi ons 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 pe rson 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 b y 85 percent or more overall.DEPARTMENT OF THE ENVIRONMENT 26.11.06.06

26.11.06 Page 6 Effective as of July 08, 2013 (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 exis ting 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 pe rson 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 landf ill in accordance with the re quirements 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;AIR QUALITY

26.11.06.07

26.11.06 Page 7 Effective as of July 08, 2013 (b) A description of the intended use of the installation, its maximum rated capacity, and th e 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 requ irements of §B(2) are not r easonable 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 reas onable 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 rece ipt 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 proced ures 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 o ne 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 a ffect the issuance of the exceptio n, 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 o f the hearing. (5) The Department shall submit an exception to the U.S. Enviro nmental Protection Agency for a pproval as a revision to the State Implementation Plan.

.07 Control of Sources of Fluoride Emissions. A. Definitions.DEPARTMENT OF THE ENVIRONMENT 26.11.06.07

26.11.06 Page 8 Effective as of July 08, 2013 (1) "Anode bake plant" means a facility which produces car bon 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 fac ility 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 fo r fluorides set forth in COMAR 26.11.04. (b) The Department, after written notice to a person discharg ing 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 Produ ction 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 a ll 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;AIR QUALITY

26.11.06.14

26.11.06 Page 9 Effective as of July 08, 2013 (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 tes ting 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 nuisa nce 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), whic h 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 26.11.06.15

26.11.06 Page 10 Effective as of July 08, 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 26.1 1.01.01B(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 pro cedures are those set fo rth 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) M aximum Weight Disch/hr

(lbs) P rocess Wt/hr (lbs) M aximum Weight Disch/hr

(lbs) Process Wt/hr (lbs) M aximum 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 govern ed by equation presented in Regulation .03B(2).AIR QUALITY

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26.11.06 Page 11 Effective as of July 08, 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 * 18.14DEPARTMENT OF THE ENVIRONMENT 26.11.06.16

26.11.06 Page 12 Effective as of July 08, 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 effectiv e June 8, 1981 (8:9 Md. R. 800) Regulation .02 amended effective D ecember 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 effectiv e 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 a dopted 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 a dopted 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 Re gulation .07 adopted effective Fe bruary 10, 1984 (10:26 Md. R. 2341) Regulation .07C amended effectiv e 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 e ffective 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, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.06 to COMAR 26.11.06 Regulation .01 adopted effectiv e May 8, 1991 (18:6 Md. R. 688) Regulation .02A amended effectiv e 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 effectiv e 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 A ugust 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) Regulation .11 amended e ffective 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 effectiv e September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (1 9:3 Md. R. 306); June 20, 1994 (21:12 Md. R. 1064); June 30, 1997 (24:13 Md. R. 932); Oct ober 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); Dec ember 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 Janua ry 2, 2011 (38:4 Md. R. 263); amended permanently effective Ma y 16, 2011 (38:10 Md. R. 617) Regulation .14B amended effective March 5, 2012 (3 9 :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, Titl e 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 em bedding 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 app lication of scientific objectives that conserve, protect, and enhance the quality, quantity, productivity, and biologi cal 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 th an a furnace, incinerator, or other equipment connected to a stack or chimney. (4) "Public collection of refuse" means the se rvice provided by any gove rnmental 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, Talb ot, Washington, Wicomico, and Worcester counties: (1) Subject to review by the Department, the control officer, upon receipt of an a pplication 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 alte rnate 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, Char les, Frederick, Harford, Ho ward, 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 a pplication 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 alte rnate 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

26.11.07 Page 2 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 accepta ble to the Department may be approv ed for use when di stance 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, wh en distance limitations cannot be met; this provision may not be construed as allow ing 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, Ch arles, 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 empl oyed 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 agricultur al 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 com bined fuel usage for all systems at the premises does not exceed 5,0 00 gallons of propane and natural gas combined per week, and (c) Open fire does not constitute a major source of VOC or NO x .AIR QUALITY

26.11.07.06

26.11.07 Page 3 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 A llegany, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, Frederick, Kent, Queen Anne's, Somerset, St . Mary's, Talbot, Washington, Wicomico, an d 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 collecti on of leaves, burning of leaves originating on the premises, by householders, is permitted, provided that leaves are not bu rned 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 establis hments, by householders is permitted provided that: (a) Materials are not burned which create dense smoke (e missions of greater than 40 percent opacity); and (b) Refuse may not be burned at locations closer than 200 f eet (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 fo wl 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 simila r 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 opac ity, and the fires are located no closer than 200 feet (61 meters) from any neighbori ng habitable building.

B. In Anne Arundel, Baltimore, Carroll, Harford, Howard, Mont gomery, 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 collec tion 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 dwe lling 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 establis hments, 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 mete rs) 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 Safe ty 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

26.11.07 Page 4 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 submitte d to the control officer by not later than 15 days before each semiannual period. For safety determinations that are not anticip ated 6 months in advance, the control officer shall be notifie d 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 Fe bruary 10, 1984 (10:26 Md. R. 2341) For the history of this subtitle before June 18, 198 0, 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)

### 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” mean s 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 operat es on triboelectric, light scattering, light-transmittance, or other e ffects 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, includin g 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 incine ration 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 an imal 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 drye r) to react with and neutralize acid gases in th e 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 November 26, 2012 (14) "Facilities manager" means the individual in charge of pu rchasing, maintaining, and operating the HMIWI or the owner's or operator's representative responsible for the manage ment 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 cham ber reaches and maintains maximum operating temperatures. (17) "Hospital" is defined at 40 CFR §60.51c. (18) "Hospital, medical and infectious waste incinerator (H MIWI)" means a special medi cal 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 part s 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. (21) "Incinerator operator" means: (a) For a municipal waste combustor (MWC), the facility manage r (chief facility operator), shift foreman (supervisor), and incinerator control room personnel; (b) For any other incinerator, the person who controls the wa ste 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 caus ing 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 combusto r 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 fede ral or State standards for unrestricted release; orAIR QUALITY

26.11.08.01

26.11.08 Page 3 Effective as of November 26, 2012 (b) A low-level radioactive waste that is not high-level radio active 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 comp liance with all applicable emission limits; or (b) For a batch HMIWI, 110 percent of the lo west daily charge rate measured dur ing 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 releas e 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) m easured during the most recent pe rformance 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) measur ed 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 bat ch 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.DEPARTMENT OF THE ENVIRONMENT 26.11.08.01

26.11.08 Page 4 Effective as of November 26, 2012 (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 performan ce 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 perf ormance 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 ever y 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) measur ed 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 technol ogy (taken, at a minimum, once every mi nute) measured during the most recent performance test demonstrating comp liance with the NOx emissions limit. (40-1) "Minimum scrubber liquor flow rate" means 90 percent of th e highest 3-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) meas ured 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) measur ed during the most recent pe rformance 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 inci nerator 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 matte r 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 th e waste material, and animal bedding (if applicable). (50) "Primary chamber" means the chamber in an HMIWI that r eceives waste material, in which the waste is ignited, and from which ash is removed. (51) "Pyrolysis" means the endothermic gasifica tion of hospital, medical, or infectious waste, or a combination of hospital, medical, and infectious wast e using external energy.AIR QUALITY

26.11.08.02

26.11.08 Page 5 Effective as of November 26, 2012 (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, settle d 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 wa ste 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 th an 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 ch arge 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 was te (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 hosp ital, 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 be tween the activation of the system and the first charge to the unit. (b) "Startup" for a batch HMIWI means the period of time betw een 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 Applica bility. 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 fo r 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.DEPARTMENT OF THE ENVIRONMENT 26.11.08.03

26.11.08 Page 6 Effective as of November 26, 2012 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, 198 9, 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 Subpar ts 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 Incin erators 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 permitte d special medical waste incinerator may be burned in combination with a special medica l 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.
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:AIR QUALITY

26.11.08.08

26.11.08 Page 7 Effective as of November 26, 2012 (1) The visible emissions are not great er than 40 percent opacity; and (2) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period.

.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 ex ceed 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 st andard 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 atmosp here from any incinerator, hazardous wast e 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 Certain Mu nicipal Waste Combusters. 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 regulatio n after the compliance date in §§A and D of this regulation. (2) Emission Standards and General Requirements.

Pollutant or Parameter Emission S tandards for a

Large MWC Performance and Compliance Test RequirementsDEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 8 Effective as of November 26, 2012

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 standardcubic meter (total mass) for ESPbased control device and 30 nanograms per dry standardcubic meter (total mass) for nonESP-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 CEMS. Averaging time is 6 minutes. EPA Reference Method 9 and CEMS. Applicable test procedures and methods as specified in 40 CFR §60.58b(c). Quality assurance and quality control requirements are as in Technical Memorandum 90-01. In case of inconsistencies in data or conflicting data Method 9 results will determine compliance.

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).

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). Ce rtified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(d)(4) and 60.58(n).AIR QUALITY

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26.11.08 Page 9 Effective as of November 26, 2012 SO 2 Sulfur 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). Ce rtified CEMS option in lieu of a stack test as specified in 40 CFR §60.58b(f)(8) and 60.58(n).

NO x (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 visibleemissions discharged inside buildings or enclosures of ashconveying 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 CO 2 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).

B. Monitoring Requirements. (1) A person who owns or operates an exis ting MWC subject to this regulation shall: (a) Install, calibrate, operate, and maintain continuous emi ssion 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 mi nimum, one temperature monitor to measur e 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 complia nce 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 outl et exit to measure concentrations of carbon monoxide.DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 10 Effective as of November 26, 2012 (3) The monitors required by §B(1)(a) and (b) of this regulation sh all meet the installation, certification, reporting, recordkeeping, and other requirements of COMAR 26.11.01.10, 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, and the specification in the Department's Air and Radiation Management Administration Technical Memorandum 90-01, "Continuous Emission Monitoring (CEM) Policies and Procedures", which is incorporated by reference in COMAR 26.11.01.10E. (4) A person shall apply for and r eceive written approval from the Department before inst alling 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 Pa rt 60, Subpart Eb; (2) Continuous emissions monitoring data reduction and data av ailability shall be as prescribed in COMAR 26.11.01.10. If there is any inconsistency between COMAR 26.11.01.10 and 40 CFR 60, the requirement of 40 CFR 60 govern.

D. Compliance Schedule and Date. (1) A person who owns or operates an exis ting 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 b e 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 (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) T he 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.AIR QUALITY

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26.11.08 Page 11 Effective as of November 26, 2012 (6) An affected facility subject to the provisions in §D of th is 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 th is 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 chapte r 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

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.DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 12 Effective as of November 26, 2012 (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 requirem ents 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 requirem ents listed in 40 CFR Part 60.58c(b) , (c), (d), (e), and (f) of Subp art 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 Lead Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 10 (4.4) Cadmium Milligrams per dry standard cubic meter (grain s per thousand dry standard cubic feet) 4 (1.7) Mercury Milligrams per dry standard cubic meter (grain s 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 de vices 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 bl owers for proper operation; (v) Inspect HMIWI door and door gaskets for proper sealing;AIR QUALITY

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26.11.08 Page 13 Effective as of November 26, 2012 (vi) Inspect motors for proper operation; (vii) Inspect primary chamber refractory lining; clea n 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, incl uding limit switches, for proper operation, if applicable; (xi) Visually inspect waste bed (grates), an d repair or seal, as appropriate; (xii) For the burn cycle that follo ws the inspection, document that the incinerator is operating properly and make any necessary adjustments; (xiii) Inspect air pollution control device or devices for proper operatio n, if applicable; (xiv) Inspect waste heat boiler systems to ensu re 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 HMI WI 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. (b) During the test required in §B(5)(a) of this regulatio n, a maximum charge rate and minimum secondary chamber temperature shall be established as site-specific operating parame ters 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 secondar y 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. Operat ing 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 sh all be conducted after notification to the Department using th e id entical operating parameters th at indicated a violation as requ ired 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:DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 14 Effective as of November 26, 2012 (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), main tain, and operate a device whic h 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 ope ration except during periods of monitoring equipment malfunction, calibration, or repair. At a minimum, valid monitori ng data shall be obtained for 75 percent of the operating hour s per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital wast e 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 equi pment 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 colle cted. Subsequent reports shall be sent not later than 12 calendar months following t he previous report. The owner or operator of a source subject to the permitting requirements under Title V of the federal Clean Ai r Act shall submit these reports semiannually. The re port 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 engi neering 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; (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 pol lution 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 aff ected 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 constit ute 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 COMA R 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 requ irements in Clean Air Act §503 and 40 CFR Parts 70 and 71.AIR QUALITY

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26.11.08 Page 15 Effective as of November 26, 2012 (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 us e of the incinerator on or before March 1, 2001.

.08-2 Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Re vised October 6, 2009. A. Applicability and Emission Standards. Notwithstanding the requ irements 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 Time 1 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

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 timeDEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 16 Effective as of November 26, 2012 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)

1 Except 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 Time 1 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 averageAIR QUALITY

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26.11.08 Page 17 Effective as of November 26, 2012 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 N anograms 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)

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)

1 Except 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 to xics emissions.DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 18 Effective as of November 26, 2012 (b) The Waste Management Plan shall meet th e 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 requireme nts using test methods and procedures liste d under 40 CFR §§60.5 6c(b)(1) to (b)(6) and (b)(9) to (b)(14), except for annual fugitive and CO emi ssions 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 specifi ed under 40 CFR §60.56c(c)(4) or bag leak detection systems as sp ecified under 40 CFR §60.57c(h). (6) Reporting and Record-Keeping Requirements. A person who owns or operates an HMI WI 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 Time 1

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 minimumAIR QUALITY

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26.11.08 Page 19 Effective as of November 26, 2012 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)

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)

1 Except as allowed under 40 CFR §60.56c(c) for HMIWI equipped with CEMS. (2) A person who owns or operates a sm all rural area HMIWI for which construc tion commenced after June 20, 1996 but no later than December 1, 2008, or for which modification was co mmenced 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 Time 1

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 N anograms 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 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)DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 20 Effective as of November 26, 2012 billion dry standard cubic feet)

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)

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)

1 Except 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 ow ns or operates a small rural area HMIWI shall c onduct 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 HMI WI not equipped with an air pollution control device shall:AIR QUALITY

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26.11.08 Page 21 Effective as of November 26, 2012 (i) Establish the maximum charge rate and minimum seco ndary chamber temperature as site-specific operating parameters during the initial performance test to determine co mpliance 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 mi nimum secondary chamber temperature measur ed as 3-hour rolling av erages (calculated each hour as the average of the pr evious 3 operating hours) at any time, except during performance tests. (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 temperat ure (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), main tain, 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 equi pment 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 th e following schedule: (i) F or a source subject to the permitting requirements under Title V of the federal Clean Air Act, the report shall be submitted semiannually.DEPARTMENT OF THE ENVIRONMENT 26.11.08.08

26.11.08 Page 22 Effective as of November 26, 2012 (ii) For a source other than one subject to Title V of the fede ral 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 §§60.58 c(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. (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 de vices 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 blow ers for proper operation; (e) Inspect HMIWI door and door gaskets for proper sealing; (f) Inspect motors for proper operation; (g) Inspect primary chamber refractor y 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, incl uding limit switches, for proper operation, if applicable; (k) Visually inspect waste bed (grates), an d 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 re quirements 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) Gen erally observe that the equipment is maintained in good operating condition; and (d) Within 10 operating days following an air pollution co ntrol device inspection, all necessary repairs shall be completed unless the owner or operator obtains written approval fr om 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.AIR QUALITY

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26.11.08 Page 23 Effective as of November 26, 2012 E. Compliance Schedules. (1) A person who owns or operates a HM IWI 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 (b) Submit to the Department and the EPA for approval, a comp liance 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 instal lation 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 in terim compliance dates described in §E(1)(b)(i)—(iii) of this regulation may submit to the Department and the EPA an a lternative compliance plan design ed 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 appli cable procedures and test methods liste d in 40 CFR §60.56c(b) or EPA-accepted voluntary consensus standards; (2) The HMIWI is to be operated in a manne r (e.g., with charge rate, secondary ch amber 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 oper ations by June 15, 2012, but no t 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 operatio n 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 s ite to a commercial medical waste treatment and disposal facility on a temporary or permanent basis; and (c) A plan that documents measurable and enforceable increm ental 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;DEPARTMENT OF THE ENVIRONMENT 26.11.08.09

26.11.08 Page 24 Effective as of November 26, 2012 (2) Initiate onsite construction or installation of alternative tech nology by December 15, 2012; (3) Complete onsite construction or in stallation by December 15, 2013; (4) Shut down the existing HMIWI as expeditiously as pr acticable but no later than October 6, 2014; and (5) Render the existing HMIWI inoperative as expeditiously as practicable.

.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 De partment which meets the requirements of §C or D of this regulation; (2) Annually, after initial certification, completes a re view 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 wa ste 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 wast e incinerator or an industrial waste in cinerator, completing a training course

means: (a) Completing an initial training course approved by the De partment 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, comple te 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 re gulation and complies with the requ irements 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 revi ew course. The documentation shal l be as specified in 40 CFR §60.53c(h). (6) The requirements of §C(5) of this regul ation shall be effective March 1, 2001.

D. Training Course for Operators of M unicipal Waste Combustors, Sewage Slud ge Incinerators, and Hazardous Waste Incinerators. (1) For any incinerator operator who operates a municipal waste combustor (MWC), sewage sludge incinerator (SSI), or hazardous waste incinerato r (HWI), the training course shall addr ess the following subjects in detail: (a) Ov erall 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;AIR QUALITY

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26.11.08 Page 25 Effective as of November 26, 2012 (i) Combustion theory; (j) Air pollution control technology; and (k) Continuous emission monitors and their calibration, and quality assurance requirements. (2) For the operator of any municipal waste combustor (M WC) or hazardous waste incinerator (HWI), completing a training course means: (a) Completing an initial training course approved by the De partment 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 De partment 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, comple te 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 operat ors 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 wr itten 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 requir ements 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 traini ng course if it meets the following: (a) The course substantially satisfies the course contents descri bed 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 cla ssroom 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) T he applicant provides staff that is experienced in traini ng or teaching or experienced in organizing and coordinating technical training courses; (f) The applicant has direct know ledge 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;DEPARTMENT OF THE ENVIRONMENT 26.11.08.09

26.11.08 Page 26 Effective as of November 26, 2012 (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 sa tisfy the required course contents; (b) The Department determines that the course instruct ors 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 e ach incinerator operator who has satisfactorily completed the traini ng 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 th is 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 J une 8, 1981 (8:9 Md. R. 800) Regulations .01, .03, .04, and .05 amende d 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, 198 0, 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) Regulation .02 amended effective D ecember 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612) Regulation .02B amended effective N ovember 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522) Regulation .02D, E amended effectiv e October 8, 2007 (34:20 Md. R. 1741) Regulation .02G amended effectiv e April 17, 2000 (27:7 Md. R. 707) Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707) Regulation .02I adopted effectiv e April 2, 2012 (39:6 Md. R. 411) Regulation .03 amended effective No vember 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 N ovember 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653) Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (2 7:7 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 D ecember 2, 1988 (15:22 Md. R. 2556) Regulation .07 amended effective No vember 23, 1992 (19:23 Md. R. 2042) 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 Sept ember 12, 2005 (32:18 Md. R. 1522)AIR QUALITY

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26.11.08 Page 27 Effective as of November 26, 2012 Regulation .08 adopted effective November 9, 1990 (17:19 Md. R. 2322); recodified to Regulation . 09 and amended effective Novem ber 23, 1992 (19:23 Md. R. 2042) Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042) Regulation .08 repealed and new Re gulation .08 adopted effective Nove mber 17, 1997 (24:23 Md. R. 1612) Regulation .08 amended effective Oc tober 8, 2007 (34:20 Md. R. 1741) Regulation .08C, D amended effective Se ptember 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 effec tive 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 N ovember 26, 2012 (39:23 Md. R. 1533) Regulation .09B, C amended effectiv e 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 Se ptember 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)

### This Page Intentionally Left Blank26.11.09 Page 1 Effective as of September 16, 2011 

### 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, A nnotated 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 O 2 in the flue gas at the normal operating load and calculation of minimum excess air. (1-1) "Capacity factor" means: (a) The ratio between the actual heat input to fuel burn ing 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 Tes ting and Materials numbered fuel oils other than residual. (4) "Fuel" means: (a) Coal or any other fossil fuel and wood or wood products; and (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. (5) "Gas" means any gaseous fuel that can be used to create useful heat or mech anical energy including: (a) Natural gas or propane; (b) Gaseous fuels produced synthetically; (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 bu rning 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 negotiate d between the user and a utility company under the jurisdiction of the Maryland Public Service Commission in which the utility co mpany 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, be ginning when operation of the draft fans is established and ending when feed of the primary fuel to the combustion chamber is discontinued.DEPARTMENT OF THE ENVIRONMENT 26.11.09.02

26.11.09 Page 2 Effective as of September 16, 2011 (9) "Manufacturer" means a person who imports, manufact ures, assembles, or produ ces a small wood boiler. (10) "Off-specification used oil" means used oil that exceeds on e 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 fl uid through pipes for the pur pose of supplying heat and/or hot water to building spaces. (15) "Space heater" means fuel-b urning equipment that consumes more than 60 pe rcent 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 De partment in accordance with the requirements in CO MAR 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 standard s 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.

.03 General Conditions for Fuel-Burning Equipment. A. When two or more fuel-burning equipmen t units are connected to a single stack, the combined heat input of all units connected to the stack shall be used to de termine the allowable emissions for the stack.

B. When a single fuel-burning eq uipment unit is connected to two or more stack s, the allowable emissions from all the stacks combined may not exceed that a llowable for the same unit if connected to a single stack.
C. Calculations. (1) All calculations of particulate matter emissions to determin e compliance with a concentra tion 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 determ ine 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 matte r emission rates in 40 CFR Part 60 Appendix A, Method 19.AIR QUALITY

26.11.09.04

26.11.09 Page 3 Effective as of September 16, 2011 .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 appl y 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 mi llion Btu (13.7 gigajoul es) 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 rota ry 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 s uch 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. New fuel-burning equipment on ships is exempt from §§A(1) and B(1) of this regulation. (2) General. The Department may grant an exception to the proh ibitions in §A(2) or §B(2), of this regulation, if the Department determines that: (a) There will be no violation of ambient air quality standa rds or Prevention of Significant Deterioration (PSD) requirements; (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 assuran ce of fuel quality control. (3) Application. (a) A person may request exception under this sec tion by submitting an application in writing. (b) The application shall include the following information: (i) Des cription of the proposed construction or modification, including the type and manufacturer of the fuel-burning equipment, fuel specifications, expected an nual 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 minut e 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.DEPARTMENT OF THE ENVIRONMENT 26.11.09.05

26.11.09 Page 4 Effective as of September 16, 2011 (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 applican t 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 expens e of the applicant, in a format approv ed 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 publicat ion 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 co mments 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. Th e 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 visibl e 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. (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 demonstr ate compliance with the applicab le 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 fo r 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 fact or 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:AIR QUALITY

26.11.09.05

26.11.09 Page 5 Effective as of September 16, 2011 (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 percen t opacity for more than four (4) six-minute pe riods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity fo r 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 achi eved if, during a calendar quarter, vi sible emissions do not exceed th e applicable standard for more than 20.0 hours, during which t ime 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, d uring 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 re gulation, 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. (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 app licable requirements of 40 CFR Pa rt 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 th e calendar quarter or calendar da y, 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 (ii i), 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 quar ter 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 CO M 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;DEPARTMENT OF THE ENVIRONMENT 26.11.09.06

26.11.09 Page 6 Effective as of September 16, 2011 (3) If the owner or operator has demonstrated to the Departme nt's satisfaction, in accord ance 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 equipmen t 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 emi ssions 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 engine s employed solely for agricultural and recreati onal purposes unless they are an integral part of a stationary installation. (2) Emissions During Idle Mode. A person may not cause or perm it 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. (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 equipmen t 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 eq uipment erected on or after Ja nuary 17, 1972, to be discharged into the atmosphere i n excess of the amounts shown in Figure 2. (3) Exceptions. (a) T he 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; orAIR QUALITY

26.11.09.07

26.11.09 Page 7 Effective as of September 16, 2011 (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 mounte d 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 r easonably be expected to produce sufficient dust particle for ce, 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 requirem ents 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 r easonably 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. (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 reside ntial 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 mounte d 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 are exempt from the provisions of §§A and B of this regulation.

.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 othe rwise exceeds the following limitations:DEPARTMENT OF THE ENVIRONMENT 26.11.09.08

26.11.09 Page 8 Effective as of September 16, 2011 (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 o ils, 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 o ils, 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 fo r 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 A ir 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. (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.
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 NO x Emissions for Major Stationary Sources. A. Applicability. (1) This regulation applies to a person who owns or operates an installation that causes emissions of NO x and is located at premises that have total potential to emit: (a) 25 tons or more per year of NO x 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 NO x 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 an d 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 NO x 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.AIR QUALITY

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26.11.09 Page 9 Effective as of September 16, 2011 (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 NO x 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 NO x emission standard in this regulation shall demonstrate compliance as follows: (i) For installations equipped with a CEM, compliance with the NO x emissions standards in this regulation shall be established using CEM data; or (ii) For all other installations, compliance with the NO x 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 NO x emissions standards in this regulation using a CE M, compliance shall be determined as 30-day rolling averages. (e) For a person who establishes compliance using a stack test, co mpliance shall be determined as averages of the stack test duration. (3) Alternative Standard. (a) A person who is subject to a source specific NO x 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 fo r approval shall provide the following information to the Department: (i) Uncontrolled NO x 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 info rmation that demonstrates, to the satisfaction of the Department, that the cost of complying with the emission standard in this regulation is unreasona ble 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 system

wide NO x emission reduction that is equivalent to or greater than the NO x emission reduction that wo uld be achieved if each individual installation complied with applicable requirements.DEPARTMENT OF THE ENVIRONMENT 26.11.09.08

26.11.09 Page 10 Effective as of September 16, 2011 (b) A person who proposes to comply with this regulation by averaging the emissions of two or more installations (separate stacks) shall submit a proposa l to the Department for approval. (c) Any proposal for emissions av eraging approved by the Depa rtment is not an acceptable means of compliance until the proposal is also approved by the EPA as a revision to the State Im plementation Plan (SIP). (d) A person who proposes to average emissions to comply with this regulation shall: (i) Have the capability to continuously monitor NO x 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 NO x emissions are equal to or less than the NO x emissions that would be discharg ed if each installation met the app licable 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 adjustme nts 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 m odifications or other technologies to meet the NO x emission rates in §C(2) of this regulation. (2) The maximum NO x emission rates as pounds of NO x per Million Btu per hour are: (a) 0.45 for tangentially coal fired units located at an electri c 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); (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; (g) 0.6 for coal fired cell burners at an electric generating facility; and (h) 0.70 for fuel burning equipment stacks at a non-electric generating facility during the period May 1 through September 30 of each year and 0. 99 during the period October 1 through April 30 of each year. (3) A person who owns or operates fuel bur ning equipment with a rated heat input capacity of 250 Million Btu per hour or greater shall install, operate, calibrate, and maintain a certified NO x CEM or an alternative NO x monitoring method approved by the Department and the EP A 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 NO x 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 NO x emission rates set forth in §B(1)(c) of this regulation.AIR QUALITY

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26.11.09 Page 11 Effective as of September 16, 2011 (2) Exceptions. The requirements in §D(1) of this regulation do no t apply to a space heater as de fined 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 identifi cation 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 l east 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 attendanc e 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 installa tion on the premises and the types of fuel used in each installation; (b) Develop an operating and maintenance plan to minimize NO x 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 th e plan at the premises for review upon request by the Department; (d) Require installation operators to atte nd in-State operator training progra ms once every 3 years on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and (e) Prepare and maintain a record of training program attendance for each oper ator 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 sh all 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 operat es more than 500 hours during a calen dar 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.DEPARTMENT OF THE ENVIRONMENT 26.11.09.09

26.11.09 Page 12 Effective as of September 16, 2011 (2) A person who owns or operates a combustion turbine with a cap acity factor greater than 15 percent shall meet an hourly average NO x 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, whicheve r is more restrictive.

H. Requirements for Cement Manufacturing Facilities, Municipal Waste Combustors, and Hospital, Medical, and Infectious Waste Incinerators. (1) A person who owns or operates a cement manufacturing facility or a municipal waste combustor shall install, operate, and maintain a CEM for NO x emissions. (2) NO x emissions from cement manufacturing kilns may not exceed the follo wing total hourly NO x emissions as determined on a 30-day rolling average of the daily average: (a) 1,000 pounds for a facility with a total kiln capacity of 600,000 tons per year or less; and (b) 1,800 pounds for a facility with a total kiln capacity greater than 600,000 tons per year. (3) NO x emissions from municipal waste combustors may not exceed the NO x emissions standards in COMAR 26.11.08.08 (205 ppm 24-hour average) or applicable Prevention of Signif icant Deterioration limits, whic hever is more restrictive. (4) NO x emissions from hospital, medical, and infectious waste incinerators as defined in COMAR 26.11.08.01B(18) may not exceed the NO x emission standards in COMAR 26.11.08.08-1A(2) (250 ppm 24-hour average) as applicable.

I. Requirements for Glass Melting Furnaces and Internal Combustion Engines at Natural Gas Pipeline Stations. (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. (3) A person who owns or operates an internal combustion engine at a natural gas pipeline station with a capacity factor over 15 percent shall perform either parametric optimization or engine rebuild to meet the following emission standards: (a) Facilities with five or less engines shall meet a combined maximum hourly emission rate of 300 pounds per hour; and (b) Facilities with more than five engines shall meet a combined maximum hourly emissions rate of 566 pounds per hour. (4) Records demonstrating performance of parametric optimization shall be maintained on site for at least 2 years and made available to the Department upon request.

J. Requirements for Industri al Furnaces and Other Miscellaneous Inst allations that Cause Emissions of NO x . A person who owns or operates any installation other than fuel-burning equipment that causes NO x emissions shall: (1) Maintain good operating practices as reco mmended by the equipment vendor to minimize NO x 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 record s for each operator at the site for at least 2 years and make these records available to the Department upon request.

K. Reporting Requirements. (1) When demonstration of compliance with the NO x emission standards in this regulati on 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.AIR QUALITY

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26.11.09 Page 13 Effective as of September 16, 2011 (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 th e 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 .09A(1) and B(1)). (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.DEPARTMENT OF THE ENVIRONMENT 26.11.09.09

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26.11.09 Page 15 Effective as of September 16, 2011 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 th e Department (see Regulation .04).
3. New fuel-burning equipment ov er 250 MM Btu (263.8 gigajoules) per hour are regulated by NSPS source regulations COMAR 26.11.06.12.DEPARTMENT OF THE ENVIRONMENT 26.11.09.10

26.11.09 Page 16 Effective as of September 16, 2011 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 co ntent, the PCB concentration, and the flas h 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(23) 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 notwithst anding any applicable conditions in permits issued by the Department, a person may burn off-specification used oil on ly 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 th e sulfur content.

B. Specifications for Used Oil. (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 ppmAIR QUALITY

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26.11.09 Page 17 Effective as of September 16, 2011 (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 requir ements in COMAR 26.13. 07 and 40 CFR §761.

D. Reporting Requirements. By April 1of each year, a person subject to this regulati on 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 Matte r 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 wh o 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 precautio ns to assure that the small wood bo iler 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 In corporated. (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 Me thod for Measurement of Particulate Emissions and Heating Efficiency of Outd oor 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 Manu facture of Small Wood Boile rs for use in the State. (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:DEPARTMENT OF THE ENVIRONMENT 26.11.09.11

26.11.09 Page 18 Effective as of September 16, 2011 (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 doe s not have a permanent label that: (i) Is permanently affixed in a read ily 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 th is 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 mode l 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 perfor med 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 smal l 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; (c) Tires; (d) Lawn clippings or yard waste; (e) M aterials containing plastic; (f) Materials containing rubber; (g) Waste petroleum products; (h) Paints or paint thinners; (i) Chemicals;AIR QUALITY

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26.11.09 Page 19 Effective as of September 16, 2011 (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.

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, 198 0, 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, 199 3 (20:9 Md. R. 781); June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 64 8); 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 J une 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 M d. 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) Regulation .02 amended effective Se ptember 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 effectiv e June 15, 2009 (36:12 Md. R. 839) 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 effectiv e August 22, 2011 (38:17 Md. R. 1014) Regulation .06 amended effective No vember 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 J une 15, 2009 (36:12 Md. R. 839) Regulation .08 repealed and new Regulation .08 adopted effective May 10, 1993 (20:9 Md. R. 781) Regulation .08 amended effective Ju ne 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 .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 No vember 11, 2002 (29:22 Md. R. 1724) Regulation .10 adopted effective Se ptember 7, 1998 (25:18 Md. R. 1438)DEPARTMENT OF THE ENVIRONMENT 26.11.09.11

26.11.09 Page 20 Effective as of September 16, 2011

Regulation .10 amended effective Se ptember 19, 2011 (38:19 Md. R. 1148) Regulation .11 adopted as an emergency pr ovision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective Ju ne 15, 2009 (36:12 Md. R. 839)26.11.10 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 10 Control of Iron and Steel Production Installations

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, A nnotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "Cold rolling operation" means an installation that rolls steel that is not preheated. (2) "Continuous casting" means a method of pouring liquid steel into semifinished shapes. (3) "Good management practices" means operating and maintena nce practices for controlling processes within design conditions and minimizing air pollution to the extent practicable with existing equipment. (4) "Hot dip coating" means a molten inorganic formulation used for coating on strip steel. (5) "Hot rolling operation" means an installation that rolls preheated steel. (6) Iron and Steel Production Installations. (a) "Iron and steel production installations" means those installations and buildings used in the production of iron and steel. (b) As used in this chapter, the term "installation" means an iron and steel production installation. (c) "Iron and steel production installations" include the following: (i) Materials-handling systems, including systems for iron ore, ore pellets, coal, limestone, fluxes, sinter, coke, steelalloying ingredients, slag, and dust handling; (ii) Blast furnace iron making; (iii) Sintering plants; (iv) Basic oxygen furnace, open hearth furnace, and electric furnace steel -making equipment; (v) Coke ovens; (vi) Molten material transfer and process operations, in cluding teeming, tapping, reladling, and casting; (vii) Continuous casting equipment; (viii) Scarfing and other surface defect removal equipment; (ix) Blast furnace pig-casting equipment; (x) Scrap preparation equipment, including scrap melting and burning equipment; (xi) Molten metal desulfurization equipment; (xii) Raw material drying system; (xiii) Steel-cleaning equipment, including pickling; and (xiv) Steel-coating equipment. (7) "Opacity record" means the hi ghest average of any 6 consec utive minutes of readings m easured and calculated in the manner described in the Department's Technical Memorandum (TM) 91-01 Method 1004I. (8) "Tons of sinter produced" means the weight of sinter that is transferred to the blast furnace stockhouse during a calendar day. (9) "Venturi scrubber flow rate" means the wate r flow rate through the venturi scrubber. (10) " Venturi scrubber pressure drop" means the arithmetic differe nce between the static pressure s of the gas stream at the inlet and the outlet of the venturi scrubber.DEPARTMENT OF THE ENVIRONMENT 26.11.10.02

26.11.10 Page 2 Effective as of November 12, 2010 .02 Applicability. A. Any source which is subject to the provisions of this chapter is also subject to the appli cable provisions of any other chapter. Except as provided in §B of this regulation, if ther e is any inconsistency between the emission standards for specific installations in this chapter and those set forth elsewhere in the subtitle, the emission standards in this chapter are control ling.

B. The following emission standards set forth elsewhere in this s ubtitle supersede any less restrictive emission standard in this chapter: (1) COMAR 26.11.06.12 (New Source Performance Standards); (2) COMAR 26.11.15.02 (National Emission Standards for Hazardous Air Pollutants); (3) COMAR 26.11.17 Requirements for Major New Sources and Modifications; and (4) COMAR 26.11.06.14 (Prevention of Significant Deterioration).
C. This chapter is only applicable in Area III.

.03 Visible Emissions. A. General. (1) A person may not cause or permit the discharge of emissions from any installation, other than water in an uncombined form, which is visible to human observers. (2) Exceptions. Section A(1) of this regulation does not apply to the following: (a) Fugitive emissions from iron and steel production installations in compliance with §B of this regulation and listed in Regulation .04B(2) of this chapter; (b) Fugitive emissions from metallurgical slot-type by-product coke ovens; (c) Fugitive emissions from skull cracker oxygen lancing to the extent addressed by Regulation .04C of this chapter; (d) Fugitive emissions from batch-type hot dip galvanizin g installations in compliance with COMAR 26.11.12; (e) Confined emissions resulting from start- ups, process modifications or adjustments, or occas ional cleaning of control equipment if: (i) The visible emissions are not greater than 40 percent opacity; and (ii) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period; and (f) Visible emissions from sintering plant sc rubbers that are in compliance with the conditions in §D of this regulation.

B. Visible Emissions from Certain Installations. After complying with the requirements of Regulation .04B of this chapter, a person may not cause or permit the discharge of visible fugitive emissions into the outdoor atmosphere, other than water in an uncombined form, which is greater than the following specified visible emission standards: (1) Blast furnaces constructed before Januar y 1, 1977 (casthouse building): 50 percent opacity as averaged over any consecutive 60-minute period; (2) Blast furnaces constructed on or after January 1, 1977 (casthouse building): 5 percent opacity as averaged over any consecutive 6-minute period, except for 20 percent opacity as averaged over any consecutive 6-minute period during drilling, oxygen lancing, and pluggin g of the furnace tapholes; (3) Electric arc furnace s hop building: no vi sible emissions, except for 20 percent opacity during charging and 40 percent opacity during tapping; (4) Sinter plant building: 10 percent opacity as averaged over any consecutive 6-minute period; (5) Basic oxygen furnace shop building: 15 percent opacity from the basic oxygen furnace shop roof monitor based on a 3-observation rolling arithmetic average of the opacity records recorded on each of 3 calendar days of observation.
C. 15 Percent Standard. (1) The provision described in §B(5) of this regulation is referred to as the 15 percent standard. The first exceedance of the 15 percent standard during each calendar year, from January 1 through December 31, does not constitute a violation of theAIR QUALITY

26.11.10.04

26.11.10 Page 3 Effective as of November 12, 2010 15 percent standard. The second exceedance and all subsequent exceedances of the 15 percent standard during the calendar year are prohibited. (2) Any source subject to §B(5) of this regulation shall, at a mi nimum, schedule one observation on each of three different calendar days per calendar week, and perform the observations on the days scheduled, unless weather or other conditions on one or more of those days prevent observations to be made in accordance with Method 9. (3) If weather or other conditions prevent Method 9 observations from being made, a person shall perform the missing observation or observations during that week or in the following 2 calendar weeks in addition to the minimum three observations required for each calendar week, unless prevented by weather or other conditions.

D. Sintering Plant. (1) The owner or operator of a sintering plant equipped with a two stack wet scrubber system and subject to the particulate matter requirement in Regulation .04A of this chapter, shall assu re continuous compliance with the particulate matter requireme nt in Regulation .04A of this chapter by maintaining the hourly aver age scrubber pressure drop and water flow rate to each scrubbe r in accordance with the operating cond itions in §D(2) of this regulation. (2) Scrubber 1 Operating Conditions and Requirements. Scrubber Pressure Drop (inches of water) Water Flow Rate (gallons per minute) Operating Conditions North South North South (a) 2 scrubbers each with 2 fans 33 39 3,796 3,718 (b) 2 scrubbers each with a wind box fan 23 32 3,679 3,705 (c) N orth scrubber with 2 fans and south scrubber with a wind box fan 33 32 3,710 3,818
(d) South scrubber with 2 fans and north scrubber with a wind box fan 32 33 3,818 3,710
(e) North scrubber with 2 fans 33 — 3,488 — (f) South scrubber with 2 fans — 33 — 3,488

1 The one affected sintering plant is equipped with 2 scrubber s that are identified as north scrubber and south scrubber. (3) One or more of the scrubbers shall be in operation whenever the sintering plant is in operation. (4) Compliance with particulate matter requirements is achieved if at any time the hourly block average of the scrubber pressure drop and water flow rate are not less than the values in §D(2) of this regulation. (5) The scrubber pressure drop and water flow rate shall be monitored by a continuous monitoring system and the monitoring system data made available to the Department upon request. (6) Stack Testing Requirements. (a) The affected sintering plant shall be st ack tested for particulate matter at a frequency of not less than once each 2.5 years. During a compliance stack test, the sc rubber pressure drop and water flow rate shall be recorded as hourly block average s. (b) If the scrubber pressure drop and water flow rate determined during a compliance stack test differ from the values in §D(2) of this regulation, the owner or operator may request the De partment to change the values in §D(2) of this regulation to reflect the revised values. (c) Upon receiving a request, the Departme nt may propose amending th e regulation to include the revised values. Any amendment shall be submitted to the EPA to be included in the approved SIP.

.04 Particulate Matter. A. Confined Emissions. A person may not cause or permit the discharge of confined emissions of particulate matter in excess of 0.03 gr/scfd (68.7 mg/dscm) from any iron or steel production installation.

B. Fugitive Emissions.DEPARTMENT OF THE ENVIRONMENT 26.11.10.05

26.11.10 Page 4 Effective as of November 12, 2010 (1) A person may not cause or permit the discharge of fugitive emissions of particulate matter from an iron and steel production installation unless reasonable control methods are employed to minimize emissions. These methods include the use of hoods and control equipment to capture emissions, other control techniques, and process restrictions. (2) Reasonable Control Methods Required to Satisfy §B(1) of this Regulation. Reasonable control methods required to satisfy §B(1) of this regulation are listed below for the installation specified, grouped by major buildings or structures. No other control methods are required for those buildings, structures , or installations. The reasonable control methods are: (a) Blast furnaces constructed before January 1, 1977 (casthouse building): regular maintenance of iron notches, troughs, and slag runners; (b) Blast furnaces constructed on or after January 1, 1977 (casthous e building): iron notch, tr ough, and sl ag runners— hoods and control equipment; (c) Basic oxygen furnace shop building: (i) Hot metal reladling—hoods and control equipment on the normal hot metal pit and flame suppression on the emergency pit, (ii) Oxygen lance hole—suppression maintained on all furnace oxygen lance openings; (iii) Furnace charging, refining, and tapping—use of a prim ary hood and control equipmen t with good operating practices and regular maintenance of all system components and ductwork; (d) Top-charged electric arc furnaces: fu rnace charging, metal melting, refi ning, and tapping—hoods and control equipment; (e) Argon-oxygen decarboni zation vessels: vessel charging, refining, ta pping, and alloy additio n—hoods and control equipment; (f) Sinter plant building: breaker box, windbox, hot and cold screens, entrance and exit from the sinter cooler, and material handling transfer points—hooded and exhausted into control equipment. (3) All required reasonable control methods shall be designed to represent good engineerin g practice and constructed in accordance with the Department's permit to construct approval. The reasonable control methods em ployed shall be operated and maintained to comply with the visible emission standards set forth in Regulation .03A and B of this chapter and in accordance with any conditions imposed in the Department's permit to operate for that installation. (4) Emissions from control equipment constructed pursuant to §B (1) and (2) of this regulation, shall meet the requirements of §A of this regulation and Regulation .03A(1) of this chapter. (5) The discharge of emissions from air pollution control equipment constructed to capture coke oven pushing emissions in accordance with §B(2)(e) of this regulation may not exceed e ither 0.03 gr/scfd (68.7 mg/d scm) or 0.1 pound/ton (0.05 gram/kilometer) coke pushed, whichever is more restrictive. The pushing period is defined as commencing with the initial movement of coke and terminating with the hot car entering the quench tower.
C. Skull Cracker Oxygen Lancing. A person may not cause or permit the oxygen lancing of iron and steel scrap in excess of 400 tons each year. This oxygen lancing is limited to the months of December, January, and February.

.05 Sulfur Content Limitation s for Coke Oven Gas. Coke oven process gas used as fuel may not contain a plant-wide average of greater than 1.0 percent sulfur by weight in any 2- hour period.

.05-1 Control of Carbon Monoxide Emissions from Basic Oxygen Furnaces. A. Emission Standard. A person who owns or operates a basic oxygen furnace may not cause or allow carbon monoxide emissions in the exhaust gases to exceed 1 percent by volume of the total exhaust gases discharged into the air.

B. Test ing Requirements. (1) Stack tests shall be performed using the EPA Test Method 10 or an alternative test method approved by the Department and the EPA. (2) An initial stack test shall be performed on or before May 1, 2006.AIR QUALITY

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26.11.10 Page 5 Effective as of November 12, 2010 (3) Additional stack tests shall be performed not later than 2-1/ 2 years after the previous test. Upon request, the specific dates on which each additional test is to be performed may be ad justed by the Department so that the testing is performed consistent with the schedules for other testing at the facility.
C. Determination of Compliance. (1) In order to determine the to tal carbon monoxide being discharged from the basic oxygen furnaces, tests shall be performed simultaneously at each stac k through which the gases from the basic oxygen furnaces are exhausted. (2) Each test, with a duration of at least 1 hour, shall be considered a test run. (3) Compliance with the 1 percent standard shall be determined as the average of three test runs.

.06 Control of Volatile Organic Compounds from Iron and Steel Production Installations. A. Applicability. (1) This regulation applies to a person who owns or operates an installation that has actual VOC emissions of 20 pounds or more per day located at an iron and steel production facility that has the potential to emit total plant wide VOC emissions of 25 tons or more per year. (2) Roll coaters at hot dip coating installations located at an iron and steel production facility are subject to COMAR 26.11.19.05 and federal New Source Performance Standard s incorporated by referen ce at COMAR 26.11.06.12.

B. Control of VOC Emissions from Installations That Use Rolling Oils or Rust Preventive Oils. The following installations may not use oils or rust preventive oils that have a vapor pr essure greater than 1 millimeter of mercury at 25° Celsius: (1) Hot rolling operations; (2) Cold rolling operations; and (3) Coating operations including both hot dip coating and electrolytic plating installations.
C. Control of VOC Emissions from Sintering Plants. (1) A person who owns or operates a sintering plant subject to this regulation shall meet an emissions standard calculated on a daily average basis of 0.25 pound of VOC per ton of sinter produced. (2) Until May 1, 2002, a person who owns or operates a sint ering plant subject to this regulation shall demonstrate compliance with §C(1) of this regulation by conducting stack tests during th e months of June 2001 and December 2001 in accordance with a test protocol approved by the Department. (3) A person who owns or operates a sinteri ng plant subject to this regulation shall: (a) By August 1, 2001, install a CEM system, including flow meters, approved by the Department to continuously measure VOC emissions and gas flow rates fr om each of the sintering plant scrubber st acks in order to calcu late daily average VOC emissions; (b) By December 31, 2001, certify and opera te the CEM system in accordance with the De partment's Technical Memorandum 90-01, "Continuous Emission Monitoring (CEM) Policies and Procedures" (October, 1990), which is incorporated by reference in COMAR 26.11.01.10E; (c) Based on the certification results and other data generated by the CEM system, conduct a review of plant operations to enable compliance with the standard in §C(1) of this regulation to be achieved; (d ) By March 1, 2002, perform sufficient analyses to determine the non-VOC content of the discharge from the scrubber stacks to establish a VOC correction factor to be used with CEM data to calculate daily VOC emissions from the scrubber stacks; (e) Beginning May 1, 2002, utilize the CEM system and other n ecessary data to demonstrat e continuous compliance with §C(1) of this regulation; and (f) Beginning January 1, 2002, provide quarterly reports to the Department summarizing: (i) Daily average VOC emissions from the sinter plant stacks, and (ii) Daily sinter production.DEPARTMENT OF THE ENVIRONMENT 26.11.10.07

26.11.10 Page 6 Effective as of November 12, 2010 (4) After the CEM system has been in operation for at least 24 months, the CEM data, emission standard, compliance rate and other information relative to the operation of the sinter plan t shall be reviewed to determine if revisions are necessary.

D. Control of VOC Emissions for Continuous Casters. A person who owns or operates a continuous caster shall skim oil and grease from the cooling water at the conti nuous caster waste water treatment facility.

E. Control of VOC Emissions from Miscellaneous Production Installations. A person who owns or operates a basic oxygen furnace or a blast furnace shall: (1) Develop and maintain a good management practices plan for each installation; (2) By January 1, 2002, implement the good management practices plan to reduce VOC emissions; and (3) Make the plan available to the Department upon request.

.07 Testing and Observation Procedures. For the purpose of demonstrating compliance with these regulations, 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, shall be used. Installations causing intermittent or noncontinuous emissions shall be stack tested by a procedure which provides for sampling only during the discharge of emissions.

Administrative History

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

Regulation .04B amended effectiv e June 8, 1981 (8:9 Md. R. 800)

—————— Chapter revised effective October 10, 1981 (8:18 Md. R. 1480) Regulation .02B amended effective February 25, 1983 (10:1 Md. R. 30) Regulation .03B amended effective March 24, 1987 ( 14:4 Md. R. 419); January 5, 1988 (14:24 Md. R. 2555) Regulation .07 amended effective February 10, 1984 (10:26 Md. R. 2341); July 2, 1985 (12:11 Md. R. 1049) For the history of this subtitle before June 18, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.10 to COMAR 26.11.10 Regulation .07 amended effective Au gust 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306)

—————— Chapter revised effective November 2, 1998 (25:22 Md. R. 1653) Regulation .01 amended effective D ecember 25, 2000 (27:25 Md. R. 2285) Regulation .01B amended effective January 29, 2007 (34:2 Md. R. 138) Regulation .03A amended effective November 24, 2003 (30:23 Md. R. 1653); January 29, 2007 (34:2 Md. R. 138) Regulation .03C amended effective October 2, 2000 (27:19 Md. R. 1731) Regulation .03D adopted effective January 29, 2007 (34:2 Md. R. 138) Regulation .03D amended effective June 29, 2009 (36:13 Md. R. 901) Regulation .05-1 adopted effective September 12, 2005 (32:18 Md. R. 1522) Regulation .06 amended and recodified to Regulation .07, a nd new Regulation .06 adopted eff ective December 25, 2000 (27:25 Md. R. 2285)26.11.11 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 11 Control of Petroleum Products Installations, including Asphalt Paving and Asphalt Concrete Plants

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. 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 standard in COMAR 26.11.06.01--.09, this chapter takes precedence.

.02 Asphalt Paving. A. Definitions. (1) "Asphalt" means a black to dark brown solid or semisolid ma terial which liquefies when heated and the predominating constituents of which are bitumens which occur in the solid or semisolid form in nature or are obtained by petroleum refining. (2) "Asphalt paving" means the applying of an asphaltic material to a surface. (3) "Cutback asphalt" means an asphalt cement which has been liquefied by blending with VOC. (4) "Emulsified asphalt" means a suspension or emulsion of asphalt and water as designated in ASTM or AASHTO Specifications as amended through November 14, 1980. (5) "Penetrating prime coat" means an application of liquid asph alt to prepare an untreated base for an asphalt paving operation.

B. A person may not cause or permit the use or application of cutback asphalt for asphalt paving. Emulsified asphalt or other materials upon approval of the Department is acceptable.
C. Exemptions. The provisions of §B of this regulation do not apply to the use or application of cutback asphalt where: (1) Long-life stockpile storage is necessary; (2) The use or application from October 15 through April 15 is necessary; or (3) Cutback asphalt is used solely as a penetrating prime coat.

.03 Asphalt Concrete Plants in Areas I, II, V, and VI. A person may not cause or permit particulate matter to be disc harged from any asphalt concrete plant constructed before June 11, 1973 in excess of 0.05 gr/SCFD (92 kg/dscm).

Administrative History

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

Regulation .02 amended effective June 8, 1981 (8:9 Md. R. 800) Regulations .02A and .04C amended effective August 16, 1983 (10:14 Md. R. 1262) Regulation .04C amended effectiv e June 8, 1981 (8:9 Md. R. 800) Regulation .05 repealed effective June 8, 1981 (8:9 Md. R. 800) For the history of this subtitle before June 18, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.11 to COMAR 26.11.11 Regulation .02B, C amended effectiv e April 26, 1993 (20:8 Md. R. 726) Regulation .04C amended effective April 26, 1993 (20:8 Md. R. 726) Regulation .04 repealed effective October 5, 1998 (25:20 Md. R. 1533) Regulation .06 repealed effective September 7, 1998 (25:18 Md. R. 1438)

### This Page Intentionally Left Blank26.11.12 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 12 Control of Batch Type Hot-Dip Galvanizing Installations

Authority: Environment Article, Titl e 2, Annotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "Batch type hot-dip galvanizing installation" means an installation in which clean, oxide-free iron or steel items are coated on a non-continuous basis with a thin layer of zinc by immersion in a bath of molten zinc. (2) "Flux" means any chemical substance used in a hot-dip galvanizing installation to help metals fuse together by preventing oxidation.

.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 emissions standard for a speci fic installation which differs from the general emission standar ds in COMAR 26.11.06.01— .09, this chapter takes precedence.

B. This chapter applies to a person who owns or opera tes a batch type hot-dip galvanizing installation.
C. This chapter applies Statewide.

.03 Prohibitions and Exemptions. A. Except as provided in §B of this regulation, a person operating a batch type hot-dip galvanizing installation is prohibited from: (1) Using ammonium chloride (sal ammoniac) in prefluxes and top fluxes except where it is contained in a prepackaged flux compound of which the ammonium chloride content does not exceed 69 percent; and (2) Applying a flux to a galvanized end product (dusting).

B. A person operating a batch-type hot dip galvanizing installation using an emission control device approved by the Department is exempt from the requirements of §A of this regulation if the visible emissions requirement in Regulation .04 of t his chapter is met.

.04 Visible Emissions. A. A person may not cause or permit the discharge of emissions from any batch type hot-dip galvanizing installation or a building containing such an installation, other than water in an uncombined form, which is greater than 20 percent opacity.

B. A person operating a batch type hot-dip galvanizing installation is not eligible for a visible emission exception under COMAR 26.11.06.02B.

.05 Particulate Matter. For the purpose of these regulations, batch type hot-dip galvanizing installations are not subject to COMAR 26.11.06.03B and are exempt from COMAR 26.11.06.03C.

.06 Reporting Requirements. The owner or operator of a batch type hot-dip galvanizing installation shall provide to the Department, as part of the annual permit-to-operate application, a complete listing of all fluxes used at the galvanizing installation during the previous calend ar year. The listing shall include the type of flux, manufacturer's identification, chemical composition, and the amount consumed for that year.DEPARTMENT OF THE ENVIRONMENT 26.11.12.06

26.11.12 Page 2 Effective as of November 12, 2010 Administrative History

Effective date: June 8, 1981 (8:9 Md. R. 800)

Regulation .04B amended effectiv e July 2, 1985 (12:11 Md. R. 1050)

—————— Chapter recodified from COMAR 10.18.12 to COMAR 26.11.12 Regulation .01 amende d effective May 8, 1995 (22:9 Md. R. 648) Regulation .02 amende d effective May 8, 1995 (22:9 Md. R. 648) Regulation .03 amende d effective May 8, 1995 (22:9 Md. R. 648)26.11.13 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 13 Control of Gasoline and Volatile Or ganic 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 wh ich receives gasoline from bulk terminals, stores it in tanks, then dispenses the gasoline vi a 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 gaso line by pipeline, ship, or barg e and delivers gasoline to bulk gasoline plants or to commerc ial 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 transpor ts 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 ga soline 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 pr imary seal. (11) "Tank truck" means a truck or trailer equipped with storag e 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 26.11.13.03

26.11.13 Page 2 Effective as of November 12, 2010 B. This chapter applies throughout the Stat e. 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 Larg e 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 requir ement 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 40,00 0 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 a ll 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 unifor mly 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 s eal 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 regula tion is waived until completion of an internal inspection as required in §A(3)(b) and (c) of this regul ation. However, the secondar y seal shall be installed not later than 5 years after th e effective date of this regulation. (3) Inspection Requirements. A person owning a gasoline or VOC storage tank subject to §A(1)(a) 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 diameterAIR QUALITY

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26.11.13 Page 3 Effective as of November 12, 2010 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 ex empt 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 equi pped 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 su rface. 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 floa ted off the leg supports or at the manufacturer's recommended sett ing. (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 unifor mly 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 i ndividual 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 tha n 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 inspecti ons 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 monthl y storage temperature and throughput; and (4) Maintain all records for at least 2 years, and make th ese records available to the Department upon request.DEPARTMENT OF THE ENVIRONMENT 26.11.13.04

26.11.13 Page 4 Effective as of November 12, 2010 .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 emi ssions 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 lite r) of gasoline or VOC loaded in Area I and Caroline, Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wi comico, 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 De partment 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 availa ble 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) which is incorporated by reference in COMAR 26.11.01.04C. (b) The test procedures to determine mass emission rate complian ce 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), 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 pe rson 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) Co mply with the leak-tight requirements as specified in §A(1)(b) of this regulation. (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.AIR QUALITY

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26.11.13 Page 5 Effective as of November 12, 2010 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 stor age 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 f ittings that have no leaks and that automatically and immediately close upon disconnection to prevent re lease 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.

.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 wa ter in 5 minutes when pressurized to a gaug e 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 th e procedure referenced in §B(2) of this regulation.

B. Method of Compliance. A person who owns or operates a gasoline tank tr uck subject to this regulation shall: (1) Conduct a certification test annually, in accordance with the test method refere nced in §B(2) of this regulation; (2) Use the certification test procedures as prescribed in Me thod 1007 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; and (3) Complete any needed repairs, and retest w ithin 15 days of the original test date.
C. Determination of Compliance. (1) A person who owns or operates a gasoline tank truck shall disp lay the certification test expiration date on the truck. This expiration date shall be placed near the Department of Transportation Certificati on plate require d 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 Sources", 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 certif ication test records from tests required in Regulation .04A(3)(a) of this chapter. (2) Th e 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;DEPARTMENT OF THE ENVIRONMENT 26.11.13.06

26.11.13 Page 6 Effective as of November 12, 2010 (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 follo wing 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 ma nufacturer, 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 (p sia) (10.3 to 75.6 kilonewtons/square meter) for use in interna l 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 hea ters, or wick-fed lamps. (4) "Manufacturer" means a person who imports, manufactures, a ssembles, 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 whic h individual fuel molecules may pene trate the walls and various assembly components of a portable fuel container directly to the outside ambient air. (8) Portable Fuel Container. (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 receivi ng, 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 de vice 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 recei ves fuel from a portab le fuel container.AIR QUALITY

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26.11.13 Page 7 Effective as of November 12, 2010 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 manufactur ed 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 fu el 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 betw een 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. (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, sa fety codes, and other safety regulations, nor will the Departmen t test for or determine compliance with such other statutes or regulations.
C. Performance Standards for Portable Fu el 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 po rtable fuel container and sp out that does not meet all of the following performance standards: (a) Contains an automatic shut-off that stops the fu el flow before the target fuel tank overflows; (b) Automatically closes and seals when re moved 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 fu el flow before the target fuel tank overflows;DEPARTMENT OF THE ENVIRONMENT 26.11.13.07

26.11.13 Page 8 Effective as of November 12, 2010 (b) Automatically closes and seals when re moved 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 fo r sale until 1 year after the time period beginning 30 days after the effec tive date of this regulation, if it is labeled or designate d 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 sa le, 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 exemp tion remains in effect. Any ma nufacturer 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 fo r which an innovative product exemption has been granted under this regulation, the manufacturer shall notify the Department in writing at least 30 days befo re the manufacturer changes a product's desi gn, 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 categor y have no effect as of the effective date of the amended performance standards.

E. Labeling and Notification. (1) A manufacturer shall clearly di splay 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 pack age, 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 rep resentative code identifying the Executive Order Number issued by CARB for the po rtable fuel container or portable fuel container and spout.AIR QUALITY

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26.11.13 Page 9 Effective as of November 12, 2010 (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 wit hin 3 months of production, and within 3 months after any change in coding. (5) A manufacturer subject to §E(2) of this regulation shall clear ly 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 fo r spill-proof spouts so ld without packaging, on either the spill-pr oof spout, or a label affixed the reto. (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 sy stem, 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 fo r 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 requ irements 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 varian ce 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 pr ovisions of §C of this regulation will be achieved; and (c) A compliance report detailing the methods by which compliance will be achieved. (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 whic h compliance with the provisions of §C of this regulation shall be achieved. An approved variance shall: (a) Specify a compliance date; (b) C ontain 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 co mment hearing in accordance with th e provisions of §F(4) of this regulation.DEPARTMENT OF THE ENVIRONMENT 26.11.13.08

26.11.13 Page 10 Effective as of November 12, 2010 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 in corporated 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 regula tion shall be performed using all test methods in §G(1)(a) and "Test Method 513, Determination Of Pe rmeation 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, pr ecise, 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 sh all keep all records of compliance tests for as long as the product is available for sale in the State, and make the record s 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 lo ading at the premises during a cal endar year are equal to or ex ceed 50 tons. (2) In Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Fr ederick, 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 cal endar 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 su bject 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 constr ucted, operated, and maintained so th at VOC vapor leaks are minimized during the transfer of VOCs into a marine vessel. (3) V OCs 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;AIR QUALITY

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26.11.13 Page 11 Effective as of November 12, 2010 (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 Ma ryland 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 eff ective 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 ne w Regulations .01—.05 adopted effe ctive May 8, 1991 (18:6 Md. R. 688) Regulation .01B amended effective Octobe r 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 effectiv e 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) Regulation .04C amended effective April 26, 1993 (2 0:8 Md. R. 726); August 11, 1997 (24:16 Md. R. 1161) Regulation .05B, C amended effective February 15, 1993 (20:3 Md. R. 260) Regulation .06 adopted effective D ecember 3, 1989 (16:21 Md. R. 2266) Regulation .06C amended effectiv e 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)

### This Page Intentionally Left Blank26.11.14 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 14 Control of Emissions from Kraft Pulp Mills

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) "Brown stock washer" means an installation that removes spent cooking liquor from raw pulp to maximize chemical recovery and minimize carry over of co oking liquor into the bleaching plant. (2) "Black liquor" means a combination of spent "cooking liquor" (water solution of sodium sulfate and sodium hydroxide) and pulp wash water containing dissolved wood compounds which is the byproduct of cooking wood chips at an elevated temperature and pressure. (3) "Clean condensates" means all condensates from the pulp mill and evaporators that are not specifically identified in the definition of "foul condensates," including the condensates which have been processed through a condensate stripper to remove 90 percent or more of the VOC contaminants. (4) "Combusted" means burned in a boiler or thermal oxidizer with a minimal temperature of 1,200°F and a residence time not less than 0.5 seconds or in a flare. (5) "Condensate" means condensed process steam from the digester and evaporator areas that contain VOCs and other process chemicals, including both foul and clean condensates. (6) "Condensate steam stripper" means a multi-stage distillation unit that uses steam to remove organics and TRS compounds from process condensate streams. (7) "Digester" means an installation that us es cooking chemicals and heat to separate fiber from other organics in wood chips. (8) "Digester blow tank system" means all the process equipment, including accumulators and condensers, used to separate the cooked pulp and spent cooking liquor from non-condensable gases and condensates. (8-1) "Evaporator" means equipment that is used primarily to in crease the solids content of spent cooking liquor from the pulp washing systems. (9) "Foul condensates" means condensed process steam from the digester blow tank systems and the primary and secondary condensates generated from the evaporator effect when liquor is introduced. (10) "Knotters" means a mechanical device used to separate uncooked knots from the pulp and spent cooking liquor mixture prior to brownstock washing. (11) "Kraft pulp mill" means a group of installations which use an alkaline sulfide solution containing sodium hydroxide and sodium sulfide for a cooking liquor in its wood pulping process. (12) "Oven-dried pulp (ODP)" means oven-dried, unbleached kraft pulp. (12-1) "Recovery boiler" means an enclosed combustion device in which concentrated spent liquor is burned to: (a) Recover sodium and sulfides; (b) Dispose of unwanted dissolved wood components; and (c) Generate steam. (13) "Smelt dissolving tank" means an installation that pro cesses the fluid discharge from a recovery boiler. (14) "Total reduced sulfur (TRS)" means any compound of sulfur in a reduced state discharged from a kraft pulp mill consisting primarily of hydrogen sulfide, methyl mer captan, dimethyl sulfide, and dimethyl disulfide.DEPARTMENT OF THE ENVIRONMENT 26.11.14.02

26.11.14 Page 2 Effective as of November 12, 2010 .02 Applicability. A. The requirements of this chapter apply to a person who owns or operates a kraft pulp mill.

B. 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 emissions standard for a speci fic installation which differs from the general emission standar ds in COMAR 26.11.06.01--.09, this chapter takes precedence.

.03 Control of Total Reduced Sulfur Emissions. A person may not cause or permit the discharge of TRS from a kraft pulp mill in excess of 0.6 pound/ton of ODP. This requirement includes the combined emissions from recovery boilers, digesters, evaporators, and smelt tanks.

.04 Determination of Compliance for TRS Emission. A. General. A person who owns or operates a kraft pulp mill is in compliance with the emission standard in Regulation .03 of this chapter if the requirements in §B of this regulation are met.

B. Equipment Requirements. (1) The TRS emissions from the digesters and evaporators are burned in the recovery boilers, power boilers, or a separate incinerator; (2) The recovery boilers have a 12-hour av erage TRS emission of not more than 20 ppm by volume corrected to 8 percent oxygen; and (3) The TRS emissions from the smelt tanks are not more than 8 ppm except when the mass emission is less than 0.03 pound/ton ODP.

.05 Monitoring and Reporting Requirements for Total Reduced Sulfur. A. TRS emissions from kraft pulp mill recovery boilers shall be monitored continuously, using Method 16B 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.

B. TRS emissions from smelt tanks will be sampled once a month using grab samples collected and analyzed using Method 16B 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.
C. Quarterly reports shall be submitted to the Department summarizing the monitoring data.

.06 Control of Volatile Organic Compounds. A. Applicability. This regulation applies to a person who owns or operates an installation that has actual VOC emissions of 20 pounds or more per day that is located at a kraft pulp mill that has a potential to emit total plantwide VOC emissions of 25 to ns or more per year. B. Control of VOC Emissions from Specific Installations. (1) Condensate steam strippers. Off gases from condensate steam strippers shall be collected and combusted. (2) Digester Blow Tank Systems and Knotters. (a) Condensates from digester blow tank syst ems shall be collected and treated in a condensate steam stripper or other control system which has a VOC removal or destruction efficiency of 90 percent or greater. (b) The non-condensable exhaust from a digester blow tank system shall be collected and combusted. (3) Evaporators. (a) All non-condensable gases from evaporators shall be collected and combusted. (b) Condensates from the evaporators shall be segregated so that the foul condensates are collected and treated in a condensate steam stripper or other control system that has a VOC removal or destruction efficiency of 90 percent or greater. (4) B rown Stock Washers. Wash water for brown stock washers sh all consist of any combinati on of fresh or clean water and clean condensates.AIR QUALITY

26.11.14.07

26.11.14 Page 3 Effective as of November 12, 2010 (5) Recovery Boilers. (a) A recovery boiler that burns black liquor as fuel shall be equipped with a black liquor oxidation unit. (b) At least 50 percent of the flue gas generated annually fro m recovery boilers shall be treated with a dry bottom precipitator with a salt cake mix tank. (6) Smelt Dissolving Tanks. Only clean water or clean condensates shall be used in the scrubbing solution makeup liquids.
C. Control of VOC Emissions from Miscellaneous Sources. VOC emissions from all other miscellaneous sources at a kraft pulp mill including screen rooms, black liquor oxidizer, black liquor storage tanks, pulp storage tanks, pulp mill sewer vents, bleach rooms, and paper machines, shall be reduced by processing pulp fr om the brown stock washers in conformance with §B(4) of this regulation.

D. Testing and Recordkeeping. (1) Tests shall be performed annually using EPA Test Method 25D found in 40 CFR Part 60 to demonstrate the VOC removal efficiency of the condensate steam stripper. (2) All other VOC emissions tests shall be performed using EPA test methods 25, 25A, or 25B which are found in 40 CFR Part 60. (3) On or before March 1, 2001, a person who owns or operates a kraft pulp mill shall submit a test protocol to the Department for approval. (4) The test results of each test shall be submitted to the De partment within 60 days following completion of each test. (5) Stack test reports and other records relating to compliance with the requirements in this chapter shall be maintained for not less than 5 years and made available to the Department upon request.

.07 Control of NO x Emissions from Fuel Burning Equipment. A. Applicability and NO x Emission Standards. (1) This regulation applies to any fuel burning equipment with a maximum design heat input capacity of greater than 250 million Btu per hour located at any Kraft pulp mill. (2) The total combined NO x emissions of all fuel burning equipment at th e Luke Kraft pulp mill to which this regulation applies may not ex ceed the following: (a) Except as provided in §B(1) of this regulation, 947 tons of NO x during the period May 1 through September 30 of each year; and (b) An emission rate of 0.99 pounds of NO x per million Btu during the period October 1 through April 30 of each year. (3) Compliance with the emission limit in §A(2)(b) of this re gulation shall be demonstrated as a 30 day rolling average.

B. Demonstrating Compliance. (1) If during the period May 1 through September 30 of any year the NO x emission limit in §A(2)(a) of this regulation is exceeded, the owner or operator of a Kraft pulp mill shall acquire one NO x ozone season allowance (as that term is defined at COMAR 26.11.01.01B(4-1)) for each ton or partial ton of NO x emissions in excess of the limit in §A(2)(a) of this regulation. (2) The total number of allowances acquired pursuant to §B(1) of this regulation for any one period may not exceed 95 and shall be of the same vintage year in which the emission limit is exceeded. (3) Allowances acquired pursuant to §B(1) of this regulation shall be acquired on or before November 30 and shall be submitted to the Department for retirement by December 30 of the year in which the em ission limit is exceeded.
C. Achieving Compliance Through the Use of Allowances. The ow ner or operator of a Kraft pulp mill subject to this regulation that achieves compliance through the use of allowances pursuant to §B of this regulation shall: (1) Acquire the allowances from a source that has been allocated allowances under COMAR 26.11.28, a NO x allowance broker or other entity that has NO x allowances and agrees to transfer them; and (2) Transfer the allowances to th e Department for retirement.DEPARTMENT OF THE ENVIRONMENT 26.11.14.07

26.11.14 Page 4 Effective as of November 12, 2010 D. Monitoring and Reporting Requirements. (1) The owner or operator of a Kraft pulp mill subject to this regulation shall: (a) Continuously monitor NO x emissions with a CEM system certified in acc ordance with 40 CFR Part 75, Subpart H and 40 CFR §51.121(i)(4); and (b) Maintain records and submit reports in accordance with 40 CFR Part 75. (2) The owner or operator of a Kraft pulp mill subject to this regulation shall include emissions data obtained from a CEM pursuant to §D(1) of this regulation in the CEM quarterl y reports submitted to the Department pursuant to COMAR 26.11.01.10G(2)(d).

Administrative History

Effective date: June 8, 1981 (8:9 Md. R. 800)

Chapter recodified from COMAR 10.18.14 to COMAR 26.11.14 Regulation .05A and B amende d effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) Regulation .01 amended effective January 8, 2001 (27:26 Md. R. 2359); October 15, 2001 (28:20 Md. R. 1783) Regulation .02 amended effective January 8, 2001 (27:26 Md. R. 2359) Regulation .03 amended effective January 8, 2001 (27:26 Md. R. 2359) Regulation .04 amended effective January 8, 2001 (27:26 Md. R. 2359) Regulation .05 amended effective January 8, 2001 (27:26 Md. R. 2359) Regulation .06 adopted effective January 8, 2001 (27:26 Md. R. 2359) Regulation .06 amended effective October 15, 2001 (28:20 Md. R. 1783) Regulation .07 adopted effective July 26, 2010 (37:15 Md. R. 1000)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, A nnotated 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) ra dius. 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 cond itions included in an applicable air quality permit to construct, permit to operate, s ecretarial order, plan for complia nce, consent agreement, or co urt order. (3) Best Available Control Technology for Toxics (T-BACT). (a) "T-BACT" means control technology that results in the ma ximum degree of emission reduction that the Department determines, on a case-by-case basis, is available for each toxi c air pollutant discharged by th e installation, taking into acco unt the potency and toxicity of each toxic air pollutant an d 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 pr ovisions 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 substa nce 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 si mple 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" mean s the U.S. Environmental Protection Ag ency'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 issu ed an air quality permit to construct before July 1, 1988. Any existing installation that is modified but that is not recons tructed after July 1, 1988, remains an existing installation. (7-1) "Hazardous air pollutant (HAP)" means an y of the hazardous air pollu tants 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 life time cancer risk of not more than 1 in 100,000 (1 × 10 superscript -5) assumingDEPARTMENT OF THE ENVIRONMENT 26.11.15.01

26.11.15 Page 2 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, exce pt 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 in stallation, 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 no t formed to a significant extent. Example s 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 ad jacent 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 insta llation, 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 entirel y new installation. Reconstruct does not in clude 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 increm ental ambient impacts with applicable screening levels. (15) "Screening level" means a concentration of a toxic air pollu tant 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 Cla ss 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 dem onstrating compliance with Regulation .06 of this chapter using an acceptable ambient level or an in significant risk concentra tion, as provided in COMA R 26.11.16.02, instead of a screening level. (1 7) "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), repr esents conditions to which near ly all workers may be exposed without adverse effect and that is published in the chapter title d "1991—1992 Threshold Limit Values for Chemical Substances inAIR QUALITY

26.11.15.03

26.11.15 Page 3 Effective as of November 12, 2010 the Work Environment" (Adopted by ACGIH with Intended Change s 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 concentr ation 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 exceede d at any time during a workday; (c) "Threshold limit value—time weight ed average (TLV-TWA)" means a con centration 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" (Ameri can 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 matte r and volatile organic compounds as generic classes of substances, but an individual substance or a group of substances within either of these classe s is a TAP if it meets a criterio n 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 mete r 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 an y 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 provisi ons 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 resu lt, in a violation of a MACT or new source MA CT 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 Cl ass I or Class II TAP into the ambient air is subject to the requirements of this ch apter 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 co mpany is subject to the requirements of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.15.04

26.11.15 Page 4 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 s ource 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 provisi ons of 40 CFR Part 63, Subpart B. (2) General Exemptions. The following installations or sources are exempt from the requir ements 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 pu rpose 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 specia l 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 fro m the requirements of Regulation .06 of this chapter.

.04 Requirement to Quantify Emissions. A. New Installatio ns or Sources. (1) The owner or operator of a new installation or source shall qu antify 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.AIR QUALITY

26.11.15.05

26.11.15 Page 5 Effective as of November 12, 2010 (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 li sted 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 ow ner or operator of a premises exempted from certain requirements under Regulation .03B(3)(a) or (b) of this chapter sh all quantify emissions as required by §A or B of this regulat ion in sufficient detail to demonstrate the Department's satisfaction that emissions are less than the applicable emission rates li sted 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 cons ervative estimate of emissions that represents good engineering judgment, if the Department determin es that the analysis demonstrates applicable screening levels will not be exceeded. If compliance with Re gulation .06 of this chapter cannot be de monstrated 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 togethe r as one TAP. For example, all hexavalent compounds of chromi um 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 constr uct, 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.DEPARTMENT OF THE ENVIRONMENT 26.11.15.06

26.11.15 Page 6 Effective as of November 12, 2010 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 insta llations 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-BA CT. The following apply: (1) For purposes of this section, dispersion technique is defi ned 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 provid ed 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(i i). (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 Installa tions, 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 so urce without first demonstrating to the satisfaction of the Department using procedures established in this chapter that total allowable emi ssions 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 sour ces or existing installations on the premises may be omitted fr om 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 existi ng 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 complian ce dates listed in COMAR 26.11. 16.07, or not later than 2 years after becoming subj ect 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 ef fects 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.AIR QUALITY

26.11.15.07

26.11.15 Page 7 Effective as of November 12, 2010 C. A person may request approval of an interim special screening level, interim acceptable ambient level, or interim insignificant risk concentrati on 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 co mpliance with Regulation .06 of this chapter.

Administrative History

Effective date: February 25, 1983 (10:1 Md. R. 30)

Regulations .01E and .02 amende d effective July 2, 1985 (12:11 Md. R. 1049); Oct ober 14, 1985 (12:18 Md. R. 1766); August 11, 1 986 (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 au thority 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 Se ptember 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 effectiv e September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (1 9:3 Md. R. 306); June 20, 1994 (21:12 Md. R. 1064); August 11, 1997 (24:16 Md. R. 1161) Regulations .03—.13 adopted effectiv e September 27, 1988 (15:18 Md. R. 2148) Regulation .03A amended effec tive 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 ame nded effective May 8, 1995 (22:9 Md. R. 653) Regulation .07C amended effective June 20, 1989 (16:9 Md. R. 995) Regulation .09B amended effectiv e May 8, 1995 (22:9 Md. R. 653) Regulation .10D amended effective August 11, 1997 (24:16 Md. R. 1161) Regulation .11 amended effective No vember 9, 1992 (19:22 Md. R. 1990) Regulation .12 amended effective No vember 9, 1992 (19:22 Md. R. 1990) Regulation .13 amende d 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 D ecember 25, 2000 (27:25 Md. R. 2285)

### This Page Intentionally Left Blank26.11.16 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 dem onstrate that emissions of a Class I TAP from a premises will not unreasonably endanger human health because of potential carcinogenic effects by a screening an alysis 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 eff ects other than cancer by a screening analys is showing that total allowable emission s from the premises will not cause increases in ambient levels that ex ceed applicable TLV-based, th reshold-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 Im pact Screening Analysis for Toxic Air Pollutants", which is incorporated by reference, or other, more rigorous dispersion m odeling procedures as provided in §C(1)(a) of this regulation. I f concentrations predicted using TM 86-02 ex ceed applicable screening levels, more rigor ous 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 applicab le 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 preventi ng 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 1654.77DEPARTMENT OF THE ENVIRONMENT 26.11.16.03

26.11.16 Page 2 Effective as of November 12, 2010 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 dem onstrate 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 emission s from the premises will not cause increases in ambient levels that exceed an insignificant risk conc entration (IRC) for the TAP, or by an approvable request for a special permit under Regulation .0 5 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 characteri ze exposure, to justify approval of risks gr eater 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 w ill not contribute to concentrations excee ding 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 disper sion 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 pers on 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 ambien t 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 complian ce with this chapter, a person shall us e 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 hig h 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 screenin g 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 ti me-weighted average screening level; (b) If a TAP has a ceiling TLV (TLV-C) or a short term ex posure limit (TLV-STEL), divi de the TLV-C or TLV-STEL by 100 to calculate a 1-hour time-weighted average screening level;AIR QUALITY

26.11.16.04

26.11.16 Page 3 Effective as of November 12, 2010 (c) If a TAP has both a TLV-TWA and TLV-STEL, calculate bot h 8-hour and 1-hour time-w eighted 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 devel op 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/c ubic 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 De partment are available for use under a subparagraph in §A(2)(a) of this regulation, the screening level shall be cal culated 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 ma y be used to calculate special screening levels. (3) Special Screening Level. If a special scr eening 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 appli cable TLV-based or threshold-based screeni ng 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 le vels upon request. (c) The Department will maintain a list of AALs under consider ation 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 micr ograms 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 availa ble, an upper bound unit risk factor de veloped in accordance with EPA's Risk Assessment Guidelines. (2) The Department will maintain an up-to-date list of availabl e 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 whatDEPARTMENT OF THE ENVIRONMENT 26.11.16.04

26.11.16 Page 4 Effective as of November 12, 2010 screening levels or ambient concentrations should be used to review emissions of toxic air pollutants. In its ongoing review, t he Department will consider scientific information developed by th e U.S. Environmental Protection Agency, other states, or other scientific organizations. The Department will also cons ider 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 26.11.15.0 6 when scientific evidence indicates a screening level adopted under this chapter should be revised, a person may reques t 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 speci al 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 in terim 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 s pecial 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 oppor tunity 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, m ay be provided concurrently. (3) Approval Criteria. The Department will approve an interim sp ecial 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 COMA R 26.01.03, any interested pe rson may file a petition aski ng the Department to adopt or amend a special screening level, acceptable ambient level, or insignificant risk concentra tion for a TAP. The petitioner sho uld submit information on the health effects e xpected to be caused by the TAP, the leve ls at which health effects occur, other information that supports adopting or cha nging a screening level, acceptable ambient level, or insignificant risk concentration

. (2) Scientific Review. In order to evaluate information submitte d 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 De partment 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 estab lish a special screening level for a TAP, the Department w ill 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 ot her 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 Asse ssment Guidelines and is the annual averag e concentration, in micrograms per cubicAIR QUALITY

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26.11.16 Page 5 Effective as of November 12, 2010 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 w ill 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 ma ximum 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 a pprove a special permit only if it determin es that emission controls represent at least T-BACT and emissions of toxic air pollutants will not unr easonably 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 me thods 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 th at 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; andDEPARTMENT OF THE ENVIRONMENT 26.11.16.06

26.11.16 Page 6 Effective as of November 12, 2010 (ii) An estimate of the increase in individual risk from a c ontinuous 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 characteriz ing exposure from emissions from the premises. (c) The risk assessment submitted under §C(1)(c) of this regul ation 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 decisi on 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 evaluat e 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 Departme nt makes a determinati on 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 charac terize 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 t o 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;AIR QUALITY

26.11.16.06

26.11.16 Page 7 Effective as of November 12, 2010 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 26.11.16.06

26.11.16 Page 8 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;AIR QUALITY

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26.11.16 Page 9 Effective as of November 12, 2010 (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 26.11.16.06

26.11.16 Page 10 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;AIR QUALITY

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26.11.16 Page 11 Effective as of November 12, 2010 (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 26.11.16.06

26.11.16 Page 12 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;AIR QUALITY

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26.11.16 Page 13 Effective as of November 12, 2010 (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 fo r 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 26.11.16.07

26.11.16 Page 14 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 thio semicarbazide 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;AIR QUALITY

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26.11.16 Page 15 Effective as of November 12, 2010 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 26.11.16.07

26.11.16 Page 16 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 com pound 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 Calciu m cyanamide 1-1-92; (91) 56-25-7 Cantharidin 7-1-90; (92) 133-06-2 Captan 1-1-92;AIR QUALITY

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26.11.16 Page 17 Effective as of November 12, 2010 CAS Number Substance Compliance Date (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 26.11.16.07

26.11.16 Page 18 Effective as of November 12, 2010 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;AIR QUALITY

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26.11.16 Page 19 Effective as of November 12, 2010 CAS Number Substance Compliance Date (171) 1642-54-2 Diethylcar bamazine 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 26.11.16.07

26.11.16 Page 20 Effective as of November 12, 2010 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 Fluo roacetamide 7-1-90; (231) 144-49-0 Fluoroacetic acid 7-1-90; (232) 359-06-8 Fluoroacetyl chlo ride 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;AIR QUALITY

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26.11.16 Page 21 Effective as of November 12, 2010 CAS Number Substance Compliance Date (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 Merc uric 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 Meth acrolein 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 26.11.16.07

26.11.16 Page 22 Effective as of November 12, 2010 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;AIR QUALITY

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26.11.16 Page 23 Effective as of November 12, 2010 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 Ph enylmercury acetate 7-1-90; (370) 90-43-7 2-Phenylphenol 1-1-92;DEPARTMENT OF THE ENVIRONMENT 26.11.16.07

26.11.16 Page 24 Effective as of November 12, 2010 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;AIR QUALITY

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26.11.16 Page 25 Effective as of November 12, 2010 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 Sodi um 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 26.11.16.07

26.11.16 Page 26 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 Trichloro acetyl 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;AIR QUALITY

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26.11.16 Page 27 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 exampl es 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 fiberDEPARTMENT OF THE ENVIRONMENT 26.11.16.09

26.11.16 Page 28 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 SSLAIR QUALITY

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26.11.16 Page 29 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)

### This Page Intentionally Left Blank26.11.17 Page 1 Effective as of July 08, 2013 

### Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY Chapter 17 Nonattainment Provisions for Ma jor 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, Annot ated Code of Maryland

.01 Definitions. A. For the purpose of this chapter, the following terms have th e 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 pe riod 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 allowabl e emissions for the emissions unit are equivalent to the actual emissions of the unit. (2) "Allowable emissions" means th e emissions rate calculated using the maximu m 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 mo st stringent of the following: (a) Applicable standards as set forth in 40 CFR 60 and 61; (b) Any applicable Maryland State Impl ementation Plan (SIP) emissions limitation, including those with a future compliance date; or (c) The emissions rate specified as a federally enforceab le permit condition including those with a future compliance date. (3) Baseline Actual Emissions. (a) "Baseline actual emissions" means the rate of emi ssions, 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 immedi ately 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 consecu tive 24-month period selected by the owner or operator within the 5-year period im mediately 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 re presentative 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 sha ll equal zero, and, thereafter, for all other purposes, shall equal the unit's potential to emit.DEPARTMENT OF THE ENVIRONMENT 26.11.17.01

26.11.17 Page 2 Effective as of July 08, 2013 (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 emission s units in accordance with the procedures cont ained in §B(3)(c) of this regulation, a nd for a new emissions unit, in accordance w ith 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 adjust ed 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 undergro und pipework, and construction of perm anent storage struct ures. With respect to a change in method of oper ation, this definition re fers 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 Depa rtment, 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 emi ssions 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 co mbination of these, may be prescribed in stead to satisfy the requirement for the application of best available control technology. This standard shall, to the degree possible, set forth the emissions reductio n achievable by implementation of the design, equipment, work practice, or operation, and shall prov ide 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 un der the control of the same perso n, 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 t he federal Office of Management and Budget (OMB) and amended in 1987). (7) "Commence", as applied to construction of a major stationa ry 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; orAIR QUALITY

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26.11.17 Page 3 Effective as of July 08, 2013 (b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertak e a program of actual on-site construction of the source to be completed within a reasonable time. (8) "Construction" means any physical ch ange or change in the method of oper ation, 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 el ectric 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 pow er distribution system for sale. Any steam supplied to a steam dist ribution system for the purpose of providing steam to a steam electric generator that would produ ce electrical energy for sale is also consider ed 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 re duction in actual emissions, occurring on or after January 1, 2003, which is surplus to all a pplicable State and federally enfo rceable requirements to be us ed to offset emission increases. (b) "Emissions reduction credit (ERC)" does not cons titute 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 doe s 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 de monstrates that these limitatio ns are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by the class or cat egory 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 em issions 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 NO x 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 26.11.17.01

26.11.17 Page 4 Effective as of July 08, 2013 (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 legisla tion, 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 or der 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 st ationary source which the sour ce was capable of accommodating before December 21, 1976, unless the change would be prohib ited under any federally enforceable permit condition which was established after December 21, 1976, pursua nt to 40 CFR §52.21 or under regulations approved pu rsuant 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 subtitl e; (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 NO x 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, Wash ington, 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 PM 10 in any serious nonattainment area for PM 10 . (b) "Major stationary source" also mean s any physical change that would occur at a stationary source not qualifying under §B(17)(a) of this regulation as a ma jor stationary source, if the change would constitute a major stationary source by it self. (c) A major stationary source that is major for volatile organic compounds or NO x 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" mean s those permits or approvals required under this subtitle. (19) Net Emissions Increase. (a) "Net emissions increase" means, with respect to a regulated NSR pollutant em itted 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 particul ar 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 chang e is submitted and before the date that the incr ease from the particular change occurs.AIR QUALITY

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26.11.17 Page 5 Effective as of July 08, 2013 (d) An increase or decrease in actual emissi ons is creditable only if the Department has not relied on it in issuing a permit for the source and the permit is in eff ect when the increase in actual emissions from the particular change occurs. (e) An increase in actual emissions is cr editable only to the extent that the ne w 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 th e actual construction on the particular change begins; (iii) The Department has not previously relied on the decrease in issuing any perm it under this chapter or in demonstrating attainment or reasonable further progress in th e SIP and it is not required by any other State requirement; and (iv) It has approximately the same qualitative significance fo r 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 maximu m 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 th e maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NS R pollutant in any one of the 5 years following the date the unit resumes regular operation aft er 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 em issions 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 activ ity, the company's highest projections of business activity, the company's filings with the St ate 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 pr oject that an existing unit could have acco mmodated during the consecutive 24-month period used to establish the baseline actual emissions and that ar e also unrelated to the particular project, including any inc reased utilization due to product demand growth.DEPARTMENT OF THE ENVIRONMENT 26.11.17.02

26.11.17 Page 6 Effective as of July 08, 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 sta ndard, provided that the constituent or precursor may only be regulated under this chapter as part of regulation of the pollutant. Aft er January 1, 2011, PM 2.5 and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperature. These emissions sh all be accounted for in applicability determinations and in establishing emission limitation in permits. Compliance with PM 2.5 and PM 10 emission limitations shall be as described in CFR 51.165(a)(1)(xxxvii)(D). Precursors identif ied 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 PM 2.5 in all PM 2.5 nonattainment areas. (25) "Replacement unit" means an emissions unit that meets a ll 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 pe r year (tpy) in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Ch arles, Frederick, Harford, Howard, Mont gomery, and Prince George's counties; (b) Volatile organic compounds or nitrogen oxides: 40 tpy in Allegany, Caroline, Dorc hester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washi ngton, Wicomico, and Worcester counties. (c) PM 2.5 emissions: 10 tpy; (d) Sulfur dioxide: 40 tpy; (e) Lead: 0.6 tpy; (f) PM 10 : 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 speci fied otherwise throughout this Chapter, to: (1) New major stationary sources and major modifications that are major for VOC or NO x ; (2) New major stationary sources and ma jor modifications that are major for PM 2.5 or its precursors and are located in Baltimore City or Anne Arundel, Baltimore, Carroll, Charles, Freder ick, Harford, Howard, Mont gomery, 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 m odifications that are major for VOC or NO x located in the Ozone Transport Region.AIR QUALITY

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26.11.17 Page 7 Effective as of July 08, 2013 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 recei ve, by November 15, 1992, an application wh ich 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 c onstruct 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 po llutant 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 increa se. If the project causes a significant em issions increase, then the project is a major modification only if it also results in a sign ificant 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, e quals or exceeds the significant amount for tha t 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 emi t from each new emissions unit following comp letion of the project and the baseline actua l 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 oc cur if the sum of the emissions increases for each emissions unit, using the method specified in §F(2)(a) and (b) of this regula tion, as applicable, with re spect to each emissions unit, for each type of emission s 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 wh ich was established after August 7, 1980, on the capacity of t he source or modification otherwise to emit a pollutant, such as a re striction on hours of operation, then the requirements of thi s 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 design ated 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 t he applicable national standard:DEPARTMENT OF THE ENVIRONMENT 26.11.17.03

26.11.17 Page 8 Effective as of July 08, 2013 Averaging Time (hours)

Pollutant Annual 24 8 3 1

SO 2 1.0 μg/m 3 5.0 μg/m 3 25 μg/m 3

PM 10 1.0 μg/m 3 5.0 μg/m 3

NO 2 1.0 μg/m 3
CO 0.5mg/m 3 2.0 mg/m 3

(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 existi ng major stationary sources owned or operated by the applicant, or any entity controlling, controlled by, or under common control with the applic ant, in the State are in compliance with all applicable emis sion limitations or are in compliance with an appr oved 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 owne rship) are required so that there will be reasonable further progress toward attainment of the applicable standard; for sour ces locating in the Ozone Transp ort Region, the offset ratios fo r VOC and NO x shall equal or exceed the following: (a) 1.3 to 1 for sources of VOC or NO x in Baltimore City, or Anne Arundel, Balti more, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; and (b) 1.15 to 1 for sources of VOC or NO x 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 NO x , atmospheric simulation modeling is not necessary for VOC and NO x 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 f or each emissions unit. C. For phased construction projects, the determination of the lo west 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 ti me, the owner or operator of the applicab le stationary source may be required to demonstrate the adequacy of any previo us determination of the lowest achiev able emission rate for the source.AIR QUALITY

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26.11.17 Page 9 Effective as of July 08, 2013 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 26.11.0 2 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 th e date the modification occurred.
.04 Creating Emission Reduction Credits (ERCs). A. An emissions unit that emits NO x 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 reduci ng 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 em issions 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 feder ally 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 an y 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 NO x . (4) If a new regulation is adopted that applies to an emissions unit that created ERCs, the E RCs 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 enfo rceable by the Department and the EPA an d 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 obta ined from within the same area as th e new or modified emissions unit. The Department may allow the owner or operator to obtain VOC or NO x emission reductions from other areas if: (a) The other area has an equal or higher nonattainment classi fication 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.DEPARTMENT OF THE ENVIRONMENT 26.11.17.05

26.11.17 Page 10 Effective as of July 08, 2013 (2) The Department shall give preference to ERCs from emissions units located as close to th e 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 ap ply 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 pro cess 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 s howing 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 wit h 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 pe rson after it is certified and b ecomes 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 enforc eable by the other state and the EPA; and (3) All of the requirements in this chapter are met.AIR QUALITY

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26.11.17 Page 11 Effective as of July 08, 2013 .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 limita tions, 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 reco rd of emissions on a continuous basis. (4) "Continuous emissions rate monitori ng 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, con trol 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 w ith the PAL effective date and ending 5 years later. (9) "PAL major modification" means any phy sical change in or changes in the meth od 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 Departme nt that establishes a PAL for a major stationary source. (11) "PAL pollutant" means the polluta nt for which the PAL is established.DEPARTMENT OF THE ENVIRONMENT 26.11.17.08

26.11.17 Page 12 Effective as of July 08, 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 enforceab le as a practicable matter and established source-wide according to Regulation .08B o f 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 informat ion (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 qualif y 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 A ct, whichever is lower.
.08 Plantwide Applicabilit y 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 sm all, 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 pr ocedures 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 polluta nt, 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 requi rement that the Department is aware of before issuance of th e PAL permit.
C. Issuance of a PAL Permit. (1) If the Department approves an applicati on for a PAL permit, the PAL permit shall be issued for a peri od 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;AIR QUALITY

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26.11.17 Page 13 Effective as of July 08, 2013 (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 effect ive 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 calcula tions for compliance purposes include emissions from startup, shutdowns, and malfunctions; (e) A requirement that, once the PAL expires, the major stationa ry source is subject to the re quirements of §E of this regulation; (f) The calculation procedures that the ma jor 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 op erator monitor all emissions units and retain records, in accordance with the provisions of Regulati on .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 determin es is necessary to implem ent and enforce the PAL. D. General Requirements. (1) The PAL shall impose an annual emission limitation in tons pe r 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 PA L 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 credita ble in the absence of the PAL. (6) PALs for existing major stationary sources shall be estab lished, 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 l east a 30-day period for subm ittal 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 emissi ons unit (or each group of emissions units, if this distribution is more appropriate, as determined by the Department) by distributing the PAL allowabl e 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 app licable requirem ent that became effective during the PAL effective period, as required under §G of this regulation, the distribution shall be made as if the PA L had been adjusted. (3) The Department shall decide whether and how the PAL a llowable 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 i s appropriate.DEPARTMENT OF THE ENVIRONMENT 26.11.17.08

26.11.17 Page 14 Effective as of July 08, 2013 (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 incorporatin g allowable limits for each emissions unit, or each group of emissions units, the source shall continue to comply with a sour ce-wide, multi-unit emissions cap equivalent to the level of th e 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 meet s 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 applie d 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 b ut were eliminated by the PAL in accordance w ith 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 creat es 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 appl y 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 re duction 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 appli cation 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 De partment 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 pe rcent or less than the PAL, a renewed PAL permit may be issued at the same level.AIR QUALITY

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26.11.17 Page 15 Effective as of July 08, 2013 (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 th at applies to the PAL source oc curs during the PAL effective period, and if the Department has not already adjusted for this re quirement, that PAL shall be adjusted at the time of PAL rene wal or Title V permit renewal, whichever occurs first. (5) The Department shall provide both the proposed PAL leve l 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 pe riod 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 sour ce owner or operator shall dem onstrate 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 ma jor 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 fr om 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 co mply 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 B ACT 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 sh all comply with any emissions requirements resulting from the nonattainment major NSR program processed (for example, LAER), even though they have also beco me 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 determin ed in accordance with §H (1)(c) of this regulation), plus the sum of the baseline actual emission s of the small emissions units. (3) The PAL permit shall be revised to refl ect the increased PAL level pursuant to the public notice requirements of §D(6) of this regulation.
.09 Plantwide Applicability Limi t (PAL) — Monitoring, Record Keeping, and Reporting. A. Monitoring and Record Keeping Requirements. (1) Each PAL permit shall contain enforceable requirements fo r 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 da ta 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 26.11.17.09

26.11.17 Page 16 Effective as of July 08, 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 m onitoring 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 th e requirements of this section renders the PAL invalid. (5) The following are accept able general monitoring appr oaches 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 cann ot 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 unl ess the Department determines there is site specific data or a s ite specific monitoring program to support another content within t he 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 sp ecifications found in 40 CFR Part 60, Appendix B; and (b) CEMs shall sample, analyze, and record data at leas t 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, an alyze, 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 with in the designated range of use for th e 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 testi ng 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 sha ll record and report maximum potential em issions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring da ta, 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:AIR QUALITY

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26.11.17 Page 17 Effective as of July 08, 2013 (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 polluta nt shall be revalidated through performance testing or other scientifically valid means approved by the Department. This tes ting shall occur at least once every 5 years after issuance of t he PAL. (13) The PAL permit shall require an owne r 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 monito ring malfunction, other than th e 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 an ticipated date that the monitoring system w ill 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 responsi ble official certifying the tr uth, accuracy, and complete ness of the information provided in the report. (2) The major stationary source owner or operator shall promp tly 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 re porting 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 responsi ble official certifying the tr uth, accuracy, and complete ness 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.DEPARTMENT OF THE ENVIRONMENT 26.11.17.09

26.11.17 Page 18 Effective as of July 08, 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, repeal ed effective July 8, 1990 (17:11 Md. R. 1344)

—————— Regulations .01—.05, Requirements for Majo r New Sources and Modificati ons, adopted effective April 26, 1993 (20:8 Md. R. 724) Regulation .02D amended effectiv e May 22, 1995 (22:10 Md. R. 708)

—————— Chapter revised effective Oct ober 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 Oct ober 22, 2007 (34:21 Md. R. 1917) Regulation .01B amended effectiv e July 8, 2013 (40:13 Md. R. 1077) Regulation .02 amended effective July 8, 2013 (40:13 Md. R. 1077)26.11.18 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 18 Control of Agriculturally Related Installations

Authority: Environment Article, Titl e 2, Annotated Code of Maryland

.01 Definitions. A. "Char-broiler" means any equipment, device, or contrivance used for the cooking of meat on a grill through radiant heating.

B. "Cooking area" means the area of a grill or pit opening, as determined by the inside dimensions bordering on the retaining framework or containment wall.
C. "Grill" means any perforated framework used to broil meat.

D. "Habitable dwelling" means a dwelling that is inhabited on a fu ll or part-time basis as a residence. Habitable dwelling does not include a dwelling located on the same property that has a char-broiler or pit barbeque.

E. "Offal" means the refuse from slaughtered or salvageable d ead animals, crustaceans, or an y other animal form, including but not limited to, heads, feet, viscera, hair, blood, feathers, bones, scales, or oils.

F. "Orchard heaters" means any installation used or capable of being used for the purpose of giving protection from frost.
G. "Pit barbecue" means any equipment, device, or contrivance for the cooking of meat on a spit using radiant heating.

H. "Preparation" means skinning, cu tting, grinding, cooking, drying , or any other operation nece ssary for the preparation of offal before the completion of sterilization.

I. "Reduction" means any heated process, including rendering, cooking, drying, dehydrating, acidulating, digesting, evaporating, and protein concentrating.

J. "Spit" means any pointed rod or similar device used to support meat over a heat source.

.02 Applicability. 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 emissions standar d in COMAR 26.11.06.01--.09, this chapter takes precedence.

.03 Grain-Drying and Grain- Handling Installations. A. Areas I, II, V, and VI. (1) A person may not cause or permit the operation of any grain dr ying installation unless all exhaust gases discharged pass through a 24 mesh screen or the installation is fitted with other equipment or incorporates design features that will accomplis h equally effective results in reducing particulate matter discharge. "Mesh" means Tyler Standard Sc reen Scale or its equivalent. (2) A person may not cause or permit the operation of any grain drying or handling operation unless the following procedures are used: (a) Proper housekeeping and equipment maintenance procedures, including, but not limited to, prompt removal of "beeswing" accumulation by a technique which prevents this material from re-e ntering the ambient air; (b) Reasonable precautions to minimize emi ssions from grain receiving , conveyance, or load-out facilities in accordance with good engineering design and operational procedures. (3) Exceptions. (a) All grain drying installations in operation before January 1, 1975, are exempt from the provisions of §A(1) of this regulation, unless otherwise ordered by the Department after th e receipt of complaints which have been substantiated by Departmental investigation. (b) Gr ain drying equipment with a total operating capacity of 1,000 bushels (35.2 cubic meters) per hour or less (manufacturer's rated capacity at 5 percen t moisture removal), located on a farm a nd more than 200 feet (61 meters) from a habitable dwelling, is exempt from the provisions of §A(1), of this regulation. (c) Loading methods dependent upon the design of an ocean going carrier used as a standard technique at international ports are exempt from the provisions of §A(1) and (2) of this regulation.DEPARTMENT OF THE ENVIRONMENT 26.11.18.03

26.11.18 Page 2 Effective as of November 12, 2010 B. Areas III and IV. (1) A person may not cause or permit the operation of any grai n-drying installation unless all exhaust gases discharged pass through a 24 mesh screen or the installation is fitted with other equipment or incorporates design features that will accomplis h equally effective results in reducing particulate matter discharge. "Mesh" means Tyler Standard Sc reen Scale or its equivalent. (2) Exemptions. (a) All grain-drying installations, except those in the City of Ba ltimore, in operation before January 1, 1975, are exempt from the provisions of §B(1), of this re gulation, unless otherwise orde red by the Department after receipt of complaints which have been substantiated by Departmental investigation. (b) Grain-drying equipment with a total operating capacity of 1,000 bushels per hour or less (manufacturer's rated capacity at 5 percent moisture removal), located on a farm and mo re than 200 feet (60.9 meters) from a habitable dwelling, is exempt from the provisions of §B(1), of this regulation. (3) A person may not cause or permit the operation of any grain-handling installation not located on a farm without taking reasonable precautions to prev ent particulate matter from becoming airborne. These reasonable precautions shall include: (a) Proper housekeeping and cleaning throughout the entire facility, including but not limited to, the prompt removal of spilled and fugitive "beeswings" and grain-dust accumulation by a technique which prevents this material from escaping into the atmosphere. (b) Covering, at all times when in motion, open-bodied vehicles transporting dusty material except for agricultural products in their natural state. (c) Proper maintenance of all aspiration systems and dust collection devices. (d) The use of good engineering de sign and operational practi ces that will minimize emissions from grain receiving, conveying, processing, mixing, and load-out facilities. For those operations listed below, located within the City of Baltimore
, good engineering design and operational practices shall include the following: (i) For grain exporting terminals only, use of aspiration system s and fabric filter dust collection devices on cleaning, separating, handling, conveying, and internal transferring equipment unless specifically exempted by the Department due to the nature, size, throughput, or location of the equipment. (ii) Use of aspiration systems and fabric filter dust collection devices on all truck and railroad car unloading (dump pit) and load-out areas. All unloading (dump pit) and load-out areas shall be enclosed in sheds or buildings and utilize means or devices (including quick-closing doors, air curtains, or wind deflectors) to minimize the effect of wind currents and drafts. A ny alternative method, technique, or system, which is equally effective in reducing emissions may be used if approved by the Department. (iii) Use of a system for the loading of grain onto a ship or barge which shall include the use of telescoping loading spouts and automatic level sensing devices. Each spout shall in clude an aspiration system exhausting to a fabric filter dustcollection device. While loading grain, each spout shall be kept at a height no greater than 2 feet (0.6 meter) above the level of the grain surface or at the full extension of th e spout except during topping- off operations or when trimming machines are being us ed. The Department may approve the use of alternative control devi ces, methods, techniques, work practices, or process changes, provided that emissions during loading are not greater than 20 percent opacity. (4) A person may not cause or permit to be discharged into the outdoor atmosphere from any emission control equipment installed in accordance with the requirements of §B(3), of this regulation, particul ate matter in excess of 0.03 gr/SCFD (68.7 mg/dscm). (5) Compliance Schedule. (a) A p erson who elects to achieve compliance with §B(3)(d)(iii) of this regulation through the use of telescoping loading spouts, level sensing devices, aspiration systems and fabric filte r dust collection devices, shall adhere to the increments of progress contained in the following schedule: (i) By June 1, 1981, submission of a permit to construct app lication for the installation necessary to achieve compliance; (ii) By January 1, 1982, beginning of construction of those installations necessary to achieve compliance;AIR QUALITY

26.11.18.06

26.11.18 Page 3 Effective as of November 12, 2010 (iii) By December 1, 1982, completion of construction and begi nning of operations of those installations necessary to achieve compliance. (b) A person who elects to achieve compliance with §B(3)(d )(iii) of this regulation through the use of approved alternative techniques shall adhere to the incremen ts of progress contained in the following schedule: (i) By July 1, 1979, submission of a detailed compliance program together with all required permit to construct applications for the installations necessary to achieve compliance; (ii) As expeditiously as practicable, but not later than July 1, 1980, complete the approv ed alternative techniques as described in the compliance program.

.04 Control of Orchard Heaters in Areas I, II, V, and VI. A person may not cause or permit to be used any type of orchard heater or other frost control device which discharges into the atmosphere more than 1 gram per minute of unconsumed carbonaceous matter.

.05 Control of Odors from the Reduction of Offal. A. A person may not cause or permit the use of any installation primarily engaged in the reduction of offal unless all gases, vapors, and gas-entrained matter from the installation are: (1) First cooled to a temperature of not greater than 160°F (71°C); and then (2) The non-condensible fraction is incinerated at a temperature of not less than 1400°F (760°C) for a period of not less than 0.4 seconds.

B. Alternate methods may be used if determined by the Department to be equally or more effective for the purpose of controlling air pollution.
C. Any person processing or incinerating gases, vapors, or gas-entrained matter as required by §A, of this regulation, when ordered by the Department, shall install, operate, and maintain in good working order and calibration continuous recording devices for indicating temperature or pressure or other operati ng conditions. These devices shall be approved by the Department and all data collected, when ordered by the Department, shall be made available to the Department or the control officer for inspection or copying. This data shall be kept on file by responsible persons for at least 60 days.

D. A person may not cause or permit any offal to be handled, transported, or stored, or to undertake the preparation of any offal without taking reasonable precautions to prevent odors from being discharged. Reasonable precautions, when approved by the Department, shall include, but not be limited to, the following: (1) Storage of all offal, before or in the process of preparation, in properly enclosed and vented equipment or areas, together with the use of effective devices and methods to prevent the discharge of odors bearing gases; (2) Use of covered vehicles or containers of watertight construction for the handling and transporting of offal; (3) Use of hoods and fans to enclose and vent the storage, handling, preparation, and conveying of any odorous materials together with effective devices or methods, or both, to prevent emissions of odors or odor bearing gases.

E. Whenever the emissions from an installation primarily engaged in the reduction of offal creat es a nuisance or air pollution beyond the property line, the Department may require that the building in which the installation is located be vented so that a ll emissions are treated by incineration or by other methods if determined by the Department to be equally or more effective for t he purpose of controlling emissions.

F. The requirements of this regulation do not apply to any installation engaged exclusively in the processing of food for human consumption.

.06 Control of Emissions from Certain Food Preparation Installations. A. Applicability. (1) This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area of 5 square feet (0.46 square meters) or less.DEPARTMENT OF THE ENVIRONMENT 26.11.18.06

26.11.18 Page 4 Effective as of November 12, 2010 (2) This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area greater than 5 square feet (0.46 square meters) and which: (a) Operates at one location less than 15 days in any 365-day period; or (b) Operates at one location 2 days or less in any 7-day period.

B. Visible Emissions. (1) A person who owns or operates a char-broiler or pit barbec ue constructed after December 17, 1974, that is located within 300 feet of the property line of any habitable dwelling may not cause or permit the discharge of emissions greater than 10 percent opacity. (2) A person who constructs, owns, or operates a char-broiler or pit barbecue not subject to §B(1), of this regulation, may not cause or permit the discharge of emissions greater than 30 percent opacity. (3) A person who owns or operates any char-broiler or pit barbecue subject to this regulation is not eligible for a visible emission exception under COMAR 26.11.06.02B. (4) Compliance with this section may not be construed as an authorization to create a nuisance or air pollution.
C. Control Device Requirements for New Sources Near Habitable Dwellings. (1) A person who constructs a char-broiler or pit barbecue and is subject to §B(1), of this regulation, shall install an approved control device unless the person demonstrates to the satisfaction of the Department that the installation, when operat ed without control equipment, will meet §B(1) of this regulation. (2) For the purpose of determining whether an installation will m eet §B(1) of this regulation without control equipment, the Department will accept a demonstration that the operation of an existing installation of identical or similar construction at maximum rated capacity will not discharge emissions that exceed 10 percent opacity.

Administrative History

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

Regulation .01 amended, and .06 adopted effective February 10, 1984 (10:26 Md. R. 2341) Regulation .06B amended effectiv e July 2, 1985 (12:11 Md. R. 1050) For the history of this subtitle before June 18, 198 0, see the Administrative History of COMAR 26.11.01.

—————— Chapter recodified from COMAR 10.18.20 to COMAR 26.11.1826.11.19 Page 1 Effective as of November 09, 2012 

### 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, A nnotated 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 wh ich is converted into a solid protective, decorative, or adherent film after application as a thin layer. This include s paints, varnishes, lacquers, stains, shellacs, film-forming poly mers, 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, Washingt on, 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 pr ovisions of this chapter is also subject to all applicable provisions of all other chapters in this subtitle. However, when this chapter establishes an emission stan dard for a specific installation which differ s 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 appli cability threshold, the source, after that, is subject to all a pplicable requirements, regardless of whether a future emission rate is below the applicability threshold. (4) If a source is subject to a federally enfo rceable emissions limit, that limit determ ines 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 si nce January 1, 1990, shall be considered.

B. Meth od of Compliance.DEPARTMENT OF THE ENVIRONMENT 26.11.19.02

26.11.19 Page 2 Effective as of November 09, 2012 (1) Unless otherwise stated, compliance with the applicable emissi on standards established in this chapter is based on the VOC content of each coating or adhesive, as applied. (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 sp ecifications 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 th e 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 bas is 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), whic h 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.AIR QUALITY

26.11.19.02

26.11.19 Page 3 Effective as of November 09, 2012 (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 gr ams 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 co mponent 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:
VOC M = Wv - Ww - WexDEPARTMENT OF THE ENVIRONMENT 26.11.19.02

26.11.19 Page 4 Effective as of November 09, 2012 Where:
VOC M = 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, un less otherwise required by a permit condition or administrative order, submit a quarterly report to the Department on or before the 20th of the month follow ing 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 complian ce 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, ba sed 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 emi ssions below the applicable regulation threshold shall maintain records pertaining to the quality and quantity of VOC materials us ed 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 year s, 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 secti on 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 lo cated in Calvert, Ch arles, Frederick, Montgomery, or Prince George's counties, or (ii) January 20, 1995, for major stationary sources of VOC w ith 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 RA CT fo r each installation or source identified and an expeditious schedule to comply with the proposed RACT standard by not later than:AIR QUALITY

26.11.19.02

26.11.19 Page 5 Effective as of November 09, 2012 (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 lo cated in Calvert, Ch arles, 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 th e 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, Equipm ent 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, procedur es, and maintenance requirements that are consistent with the equipment manufacturers' recommendations and the source's e xperience 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 (v iii) 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;DEPARTMENT OF THE ENVIRONMENT 26.11.19.03

26.11.19 Page 6 Effective as of November 09, 2012 (ii) Make the written operating practices availa ble 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 reasonabl e precautions to prevent or mi nimize the discharge of VOC into the atmosphere when clean ing process and coating application equipment, including containers, vessels, tanks, lines, and
pumps. (b) Reasonable precautions for equi pment cleanup shall, at a mi nimum, 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 freque ntly 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 e liminate 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 transferre d 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 re ady for sale to vehicle dealers. (b) "Automobile and light-duty truck coating" does not include wh eel 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 app lied after the primer application and before the topcoat operation on an automotive or light-duty truck part. (6) "Topc oat" means the final coa ting 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 customizer s are not subject to this regulation.AIR QUALITY

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26.11.19 Page 7 Effective as of November 09, 2012 (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 A pplied (minus water) Kilograms Per Lite r 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" m eans a coating applied to the exterior en d 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 th e 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 Se am 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 wate r) (0.31 kilogram/liter of coating applied (minus water)).

.06 Large Appliance Coating. A. Definition.DEPARTMENT OF THE ENVIRONMENT 26.11.19.07

26.11.19 Page 8 Effective as of November 09, 2012 (1) In this regulation, the following term has the meaning indicated. (2) Large Appliance Coating. (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 equi pment (including ranges, ov ens, 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 emissi ons 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 st ations 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) "Fab ric 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 tw o or more consecutive coating applicat ors or between a coating applicator and a drying oven. (5) Paper Coating.AIR QUALITY

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26.11.19 Page 9 Effective as of November 09, 2012 (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 typewrite r ribbons, photographic film, and magnetic tapes) and decorativ e 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 fro m paper, fabric, film, or foil surfaces or substrates manufactured for the followi ng industry sectors: (i) Pressure sensitive tape and labels, including fabric co ated 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 app lied 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 an y 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.

B. Applicability.DEPARTMENT OF THE ENVIRONMENT 26.11.19.07

26.11.19 Page 10 Effective as of November 09, 2012 (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 atmo sphere of any VOC from any installation listed in §C(2) of this regulation in excess of the stan dards 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 Labe l Surface Coating 0.20 0.06

(2) If air pollution control equipment is used to meet §D(1) of this regulation, the follo wing 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 pulv erized into particles to be used in the manufacture of decorative surfaces. (2) "Related operations" means a VOC emit ting installation located at a solid resin decorative surface manufacturing facility other than a particle plant operation, shaped goods plan t, SRDS operation, or high pr essure laminate (HPL) operation.AIR QUALITY

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26.11.19 Page 11 Effective as of November 09, 2012 (3) "Shaped goods plant" means a process in which resins are mi xed with a catalyst and other ingredients, shaped into a mold, and cured to produce a sh aped product such as a sink. (4) "Solid resin decorative surface (SRDS) operation" means a pr ocess 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 evaporativ e losses except when adding or emptying materials, (b) Operator training in procedures to minimize spills and ev aporative 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, compresso rs, valves, flanges, and othe r 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 cons isting 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 re cord-keeping requ irements for affected sources are established in the source's permit to operate.

.07-2 Plastic Parts and Busine ss 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) Pr oducts classified as typewriters under SIC Code 3572; (b) Products classified as electronic computing devices under SIC Code 3573;DEPARTMENT OF THE ENVIRONMENT 26.11.19.07

26.11.19 Page 12 Effective as of November 09, 2012 (c) Products classified as calculating and ac counting 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 coa ting applied to a business machine. (3) “Electric dissipating coating” mean s a coating that rapidly dissipate s a high voltage electric charge. (4) Extreme Performance Coating. (a)”Extreme performance coating” means a coating used on a plastic surface where the coated su rface 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 temperat ures in excess of 250°F; or (iii) Repeated heavy abrasion, including m echanical 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 h eavy 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 wh ich 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 coatin g requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before applica tion 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 fo r the addition of a thinner to reduce the viscosity. (12) “Optical coating” means a coatin g 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 frequ ency interference (EMI/R FI) 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 Classifi cation Code (SIC Code)” mean s a code for classifying types of businesses found in the Standard Industrial Classification Manual, 1987, prepared by the Execu tive Office of the President, Office of Management and Budget. (18) Texture Coat. (a) “Texture coat” means a coating which, af ter application and in its finished form , is characterized by discrete, raised spots on the exterior surface of the coated part.AIR QUALITY

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26.11.19 Page 13 Effective as of November 09, 2012 (b) “Texture coat” does not incl ude 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 achiev e 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-com ponent 15 2.8 0.34 Military specification, multi-com ponent 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 0.45DEPARTMENT OF THE ENVIRONMENT 26.11.19.08

26.11.19 Page 14 Effective as of November 09, 2012 (3) Business Machines 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)

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 Furniture Coating. A. Definition. "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, pl astic, or glass parts to form a furniture piece.

B. Emission Standards. A person may not cause or permit the discharge into the atmosphere of any VOC from a metal furniture coating installation in excess of 3 pounds per gallon of coating applied (minus water) (0.36 kilogram/liter of coatin g applied (minus water)).

.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.AIR QUALITY

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26.11.19 Page 15 Effective as of November 09, 2012 (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 oper ations, cleaning of electroni c assemblies, stripping or industrial coating removal systems used to remove propellants, paints, or other previously applied coatings other than grease f rom metal. (2) "Degreasing material" means any substan ce 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. (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 degr easing 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, cleanin g, repair, or fa brication 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 wa ter covers), lids, or other methods of minimizing evaporative losses, and reducing the time a nd frequency during which parts are cleaned. (c) Good operating practices shall be established in writing, an d 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.09

26.11.19 Page 16 Effective as of November 09, 2012 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 c ontrol 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 regulati on 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 Cleani ng Operations Other Than Co ld 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, resisto rs, capacitors, and transistors that generate, convert, transmit, or modify electrical energy. (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 elem ent 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 cleanin g 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 manufact uring 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" mean s a product that includes any drug, analge sic, 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) C leaning 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;AIR QUALITY

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26.11.19 Page 17 Effective as of November 09, 2012 (ix) Cleaning operations in research and development laboratories; (x) Cleaning operations in medical devi ce 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.

E. Compliance Procedures and Test Methods. The composite vapor pressure of solvent cleaning material shall be determined in accordance with the requ irements 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 elasto meric 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" mean s to use a cylinder or other surface of revolu tion 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 protec tive coating over the printed matter shall include emissions from the clear coating when determining complian ce with the requirements of this regulation. (2) The provisions of this regulation do not apply to printing on fa bric, 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.11

26.11.19 Page 18 Effective as of November 09, 2012 (a) "Flexible packaging" means any package or part of a pack age the shape of which can be readily changed, including but not limited to: (i) Bags, pouches, liners, and wraps utilizing paper, plastic, f ilm, aluminum foil, metalized or coated paper or film, or any combination of th ese 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.

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 th an 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 co mply 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:AIR QUALITY

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26.11.19 Page 19 Effective as of November 09, 2012 (1) "Alcohol" means an organic compound in which a hydroxyl gr oup 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 mi xture 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 imag e transfer elements fixed upon a metal backing. (7) "Lithographic printing" means printing by the transfer of pa tterns 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 wh ich a roll of paper is used as the printing substrate.

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 Pr inting Press. A person may not operat e 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 solut ion contains alcohol unless: (1) The fountain solution is refrigerated to main tain 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 lithographi c 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 Le tterpresses 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 pr ess only if the dryer associated with the press is:DEPARTMENT OF THE ENVIRONMENT 26.11.19.12

26.11.19 Page 20 Effective as of November 09, 2012 (1) Constructed, operated, and maintained at a nega tive 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 cont rol 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 so lution 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 (b) Contains less than 70 percent VOC by weight.
G. Control Device Testing. (1) A control device shall be tested in accordance w ith 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 th e cleaning of fabrics by means of one or more washes in VOC, extraction of excess VOC by spinning, and drying by tumb ling in an airstream. The installation includes all washers, dryers, filter and purification systems, wast e disposal systems, holding tanks, pumps, and attendant plumbing located at a sing le 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.AIR QUALITY

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26.11.19 Page 21 Effective as of November 09, 2012 (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 subm it semiannual reports on forms provided by th e Department on or before the 30th o f January and July of each year starting with July 30, 1990. Each report shall indicat e the gallons of petroleum solvent purchase d 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 dr y cleaning installation subject to this regulation shall: (a) Immediately repair all components found to be leaking liqui d 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. (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 solv ent flow rate. The suggested point for measuring the flow rate of recovered solvent is from the solvent-water separator. Near the e nd of the recovery cycle, the flow of recovered solvent should be diverted to a graduated cylinder. The cycle should continue un til the maximum flow of solvent is 50 milliliters per minute. The type of articles cleaned and the total lengt h of the cycle shall then be recorded. Based on the type of articles cleaned and th e 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) Co mpliance 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 26.11.01.0 4C. 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.13

26.11.19 Page 22 Effective as of November 09, 2012 .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 gallo ns (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 operati ons 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: (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 ma y 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 effici ency 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.AIR QUALITY

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26.11.19 Page 23 Effective as of November 09, 2012 .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 co ating applied to a substrate to: (a) Promote wetting; and (b) Form a chemical bond with the subsequently applied material. (3) Adhesive Bonding Primer. (a) "Adhesive bonding primer" m eans 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 antifrictio n 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) "Bondi ng maskant" means a temporary coating used to prot ect 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; andDEPARTMENT OF THE ENVIRONMENT 26.11.19.13

26.11.19 Page 24 Effective as of November 09, 2012 (ii) Used to aerodynamically smooth exterior vehicle su rfaces 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 coa ting that is applied directly to alum inum 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, lin e sealers, and critical use an d seal coat maskants; or (ii) Maskants that must be used on an individual part or su bassembly 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 an d protection to the color coat. (12) "Commercial exterior aerodynamic struct ure primer" means a primer used on ae rodynamic components and structures that protrude from the fuselage, such as wings and attached components, control su rfaces, horizontal stab ilizers, 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 exp ected 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) C ritical 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 chemi cal 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 surp assing the yield point of the su bstrate at cryogenic temperature s (-275°F and below).AIR QUALITY

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26.11.19 Page 25 Effective as of November 09, 2012 (18) "Cryoprotective coating" mean s a coating that insulates cryogenic or subc ooled 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 al so 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 engine ered to interact, through absorption or reflection, with specific regions of the el ectromagnetic energy spectrum, such as the ultraviolet, visible, infrared, or microw ave 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 be en designated as "classified" by the Department of Defense. (22) "Electrostatic discharge and electroma gnetic 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 co mmercial 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 (Skydro l 500b or equivalent) at the elevated temperature of 150(F for 1,000 hours. (24) "Epoxy polyamide topcoat" means a coatin g 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 (inter ior) 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 th e flammability requirements of MIL-STD-1630A and MIL-A-87721; and (c) For space applications, coatings used on parts that are subject to the flamma bility requirements of SE-R-0006 and SSP 30233. (26) "Flexible primer" means a primer that meets flexibility requi rements such as those needed for adhesive bond primed fastener heads or on surfaces e xpected to contain fuel that: (a) Provides a compatible, flexible substr ate over bonded sheet rubber and rubber-t ype 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 de creases 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 compon ents 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 major ity of its revenues resulting from the reconstruction, repair, maintenance, repain ting, conversion, or alteration of general aviation aerospace vehicles or components

.DEPARTMENT OF THE ENVIRONMENT 26.11.19.13

26.11.19 Page 26 Effective as of November 09, 2012 (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 th e use of less hazardous depainting methods. (33) "Lacquer" means a clear or pigmented coa ting 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 pr event the molded piece from sticking to the mold as it is removed. (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 pe rcent acids by weight and is applied directly to metal or composite surfaces to provide surface etch ing, corrosion resistance, adhesion, and ease of stripping. (40) Primer. (a) "Primer" means the first layer and any su bsequent 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 incl ude specialty coatings. (41) "Rain erosion-resistant co ating" means a coating or coating system used to protect the leading e dges 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) "R ubber-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.AIR QUALITY

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26.11.19 Page 27 Effective as of November 09, 2012 (b) " Sealant" includes the following categories: (i) Extrudable/rollable/br ushable sealants; and (ii) Sprayable sealants. (48) "Seal coat maskant" means an overcoat applied over a ma skant to improve abrasion and chemical resistance during production operations. (49) "Self-priming topcoat" means on e or more layers of topcoat that are applie d directly to an uncoated aerospace vehicle or component for purposes of corrosion prevention, environmental protection, and functional fluid resistance. The coating is no t 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 co atings in that they are not "sacrificial." (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 fa ying (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 fulf ills extremely specific engineering requirements that are limited in application and are ch aracterized by low volume usage. (b) "Specialized function coating" does not include coatin gs covered in other speci alty coating categories. (54) "Structural autoclavable adhesive" mean s an adhesive used to b ond load-carrying aerospace co mponents that is cured by heat and pressure in an aut oclave. (55) "Structural nonautoclavable adhesive" means an adhesive cu red under ambient conditions th at is used to bond loadcarrying aerospace components or other criti cal functions, such as nonstructural bo nding 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 stro ng acid or alkaline solutions.DEPARTMENT OF THE ENVIRONMENT 26.11.19.13

26.11.19 Page 28 Effective as of November 09, 2012 (c) "Temporary protective coating" does not include coatings that provide protection from chemical processing. (57) "Thermal control coating" means a coating formulated w ith specific thermal conductive or radiative properties to permit temperature control of the substrate. (58) "Tooling operation" means the fabrication and repair of a mo ld or other form used in production related to aerospace vehicle components. (59) Topcoat. (a) "Topcoat" means a coating that is ap plied over a primer on an aerospace ve hicle 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. (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 wh o 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 regulati on 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 P ounds/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 re work facilities 4.5 (540) (b) Standards for Specialty Coatings. Coating P ounds/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 A dhesive 6.34 (760) Compatible Substrate Primer 6.50 (780) Corrosion Prevention Compound 5.92 (710)AIR QUALITY

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26.11.19 Page 29 Effective as of November 09, 2012 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—Resistan t 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) Insulation Covering 6.17 (740) Intermediate Re lease Coating 6.25 (750) Lacquer 6.9 (830) Metallized Epoxy Coating 6.17 (740) Mold Release 6.50 (780) N onstructural 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/Br ushable 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 Nonautoclavabl e 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 th at exceed the standard in §C(2)(b) of this regulation do not exceed 20 pounds on an y day. (4) A person who owns or operates an aeros pace coating operation subject to this re gulation 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 co ating operation shall: (a) Store all waste materials containing VOC, including cloth or paper, in closed containers;DEPARTMENT OF THE ENVIRONMENT 26.11.19.13

26.11.19 Page 30 Effective as of November 09, 2012 (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 an d 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. (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 Applie d 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 fr om 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 spir its or other solvents, that is used in a coating operation for corrosion protection. (d) "Structural steel-coating operatio n" 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.AIR QUALITY

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26.11.19 Page 31 Effective as of November 09, 2012 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 stru ctural steel-coating operation subject to this regulation may not us e 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 (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 sh all take reasonable precautions to minimize the release of VOC into the atmosphere including: (1) Minimizing the quantity of VOC used to clean lines or equipm ent 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, centrifu ge openings, and other vessel openings for the purpose of protecting workers from excessive VOC exposure. (2) "Synthesized pharmaceutical manufacturing" means manufact ure of pharmaceutical products by chemical synthesis.

B. Emission Standards and Equipment Specifications. (1) A person who owns or operates a synthesized pharmaceutical manufacturing facility sh all control with surface condensers, or an equivalent control me thod approved by the Departme nt, 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 temperatu re 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 synt hesized 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:DEPARTMENT OF THE ENVIRONMENT 26.11.19.15

26.11.19 Page 32 Effective as of November 09, 2012 (a) Provide and use a vapor balance system or equivalent c ontrol 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 De partment, 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 synt hesized pharmaceutical manufacturing facility shall enclose each centrifuge, rotary vacuum filter, or other filter havi ng an exposed liquid surface, where the liqui d contains VOC and exerts a total VOC va por 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. (6) A person who owns or operate s 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 Manufac turing 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 co rrugated to create a cellular matrix structure used in aircraft construction and relat ed 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 stat ed in COMAR 26.11.35.03B. (3-2) "Sealant application" means the app lication 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" mean s 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 manufact ure 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 t o a temperature of le ss 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 indi cator shall be located so that it is clearly visible to the o perator 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.AIR QUALITY

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26.11.19 Page 33 Effective as of November 09, 2012 (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 oper ator 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 r easonable precautions approved by th e 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 i s used.
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 ma terials 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 adhesi ve 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 ga llon (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 s pecialty electronic systems and subs ystems for defense and homeland security. (b) Compliance with the emissions limitati on 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.16

26.11.19 Page 34 Effective as of November 09, 2012 .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 requirem ents of another regulation is subject to the requirements of this regulation.
C. General Requirements. A person subject to this regulatio n shall comply with all of the following requirements: (1) Visually inspect all components on the premises for leaks at least once each calendar month. (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 expose d. 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 repa ired within 48 hours after recei ving 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, pack ing, 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 occurren ce. D. Exceptions. Components that cannot be repaired as required in this regulation because they ar e inaccessible, or that cannot be repaired during operation of the source, shall be identified in the log and included within the source's maintenance schedul e 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 yeas t 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 an d nutrients are aerated to produce stock yeast. (6) "Tra de 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 fermentati on 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.AIR QUALITY

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26.11.19 Page 35 Effective as of November 09, 2012 (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. (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 regulati on 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 s ubject 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 D ecember 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 Or ganic 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 th at removes the surface of the product being etched.DEPARTMENT OF THE ENVIRONMENT 26.11.19.18

26.11.19 Page 36 Effective as of November 09, 2012 (2) "Anoprint ink" means a dye or compound that is screen prin ted on unsealed anodized alum inum before the process of sealing the anodic coating, thus trapping th e 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. (b) "Clear coating" does not mean overprint varnish that is us ed 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-drive n machine to transfer an elect ronically 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 conv erting 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 us ed 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 coa ting 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, anop rint, 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 sens itive 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 untreat ed 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 inst allation at a premises that causes VOC emissions of 20 pounds or more per day from all plastic card manufacturing installations at the premises; (c) C oats 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; orAIR QUALITY

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26.11.19 Page 37 Effective as of November 09, 2012 (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. (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, un less 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 app lied, may not exceed 3.3 pounds of VO C per gallon (396 grams per liter); (c) For screen printing on untreated sign pa per, 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 Sc reen Reclamation. A person may not cause or permit the discharge of VOC into the atmosphere fro m the use of any ink or haze removal and screen reclamation pr oduct 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 t han 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 396DEPARTMENT OF THE ENVIRONMENT 26.11.19.19

26.11.19 Page 38 Effective as of November 09, 2012 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 fo untain 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.

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 a t the premises.
G. Record Keeping. A person subject to this regulation shall ma intain 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 Co mpound (VOC) Emissions from Expandable Polystyrene Operations. A. Applicability. Except as required in §E(2) of this regulation, th is 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 co nsists 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 c ups and containers, protective packag ing 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 polys tyrene 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 une xpanded 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 pr oduct where the expanded bead is the final product or a cooler.
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26.11.19 Page 39 Effective as of November 09, 2012 (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: (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 can not 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. Term s Defined. (1) "Active collection system" means a gas collection system fo r a municipal solid waste landfill that uses gas mover equipment.DEPARTMENT OF THE ENVIRONMENT 26.11.19.20

26.11.19 Page 40 Effective as of November 09, 2012 (2) "Commercial solid waste" means all types of solid waste gene rated by stores, offices, restaurants, warehouses, and other similar nonmanufacturing activ ities, 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 throug h 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. (6) Municipal Solid Waste Landfill (MSW Landfill). (a) "Municipal solid waste landfill (MSW landfill)" means an en tire 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 landf ill (MSW landfill)" includes la ndfills that also receive ot her types of RCRA Subtitle D wastes such as commercial solid waste, nonhazardous sludge, c onditionally exempt small quantity generator waste, and industrial solid waste. (7) "Non-methane organic compounds (NMOC)" means the tota l 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 subj ect to this regulation but is subject to the federal New Source Performance Standards for MS W landfills at 40 CFR Part 60, Subpart WWW, if the landfill: (a) Was constructed or received its initia l 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 so lely to comply with the requirements of this chapter are not considered a modification or reconstruction and would not su bject 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 reconstructi on 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 prep are 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; andAIR QUALITY

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26.11.19 Page 41 Effective as of November 09, 2012 (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 issu ance of any permit that authorizes the increase or any other cha nge that increases the maximum design capacity of the landfill. (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 es timate 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 cap acity report required in §D(1) of this regulation showing that the design capacity i s 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 th e 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 subm itted at least every 5 years; (b) The 5-year emission estimates include the current amount of solid wast e in place and the estimated waste acceptance rate for each year of the 5 years for whic h 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 requiremen ts 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 NM OC 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 s ite-specific NMOC concentration is less than 55 tons per year, the owner or operator shall continue the emission rate re porting using the site-specific NMOC conc entration 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 regu lation 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) Th e 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;DEPARTMENT OF THE ENVIRONMENT 26.11.19.20

26.11.19 Page 42 Effective as of November 09, 2012 (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 methan e generation rate is 55 tons or more per year, the owner or operator shall comply with §G of this regulation. (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 contro l 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 calcu lated 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 follo wing 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 i n 40 CFR §60.752(b)(2). In additio n, 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 y ear following the year the pl an 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 in stalled and compliance achieved by December 1 of the year following the year the plan for compliance was re quired to be submitted or after the initial MSW landfill has bee n 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 an d 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-specifi c 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) A ny 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 accept ance 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.AIR QUALITY

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26.11.19 Page 43 Effective as of November 09, 2012 (2) After the notice of closure has been submitted to the De partment, additional MSW may not be placed in the MSW landfill. (3) A person who owns or operates an MSW landfill who insta lls the required gas collection and control system and complies with §G of this regulation for at least 15 years may c ontinue 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. (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 landf ill 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 syst em in compliance with §G(1) of this regulation shall op erate the equipment according to the requ irements 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 th e 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 mon itoring required in §H(2)(b) of this re gulation by the beginn ing 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 us ing an active collection syst em 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 sh all 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 th e record-keeping requirements in 40 CFR §60.758.

.21 Control of Volatile Organi c Compound (VOC) Emissions fr om 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.21

26.11.19 Page 44 Effective as of November 09, 2012 (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 y east 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 percenta ge (Y) by the fermentation time (t).
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 ov en 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 comp ly 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 regulatio n, 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 th e innovative control method fails to achieve compliance. (c) Determination by Department. (i) U pon 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.AIR QUALITY

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26.11.19 Page 45 Effective as of November 09, 2012 (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 retest ed 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 Departme nt 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 innovative control method shall be retested not later than 30 days after the modifications are completed, and retested within 2 4 months. (iv) Upon failure to achieve an acceptable emission reduction, th e 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 viol ation if the owner or operator acts exped itiously to replace the control method with a n 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, sh all notify the Department, and comply with the requirements of §D(2) of this regulation within 1 calendar year afte r 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 whic h 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 ma y 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.23

26.11.19 Page 46 Effective as of November 09, 2012 (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 pr escribed in the source's permit to operate issued by the Department. (3) Water flow data shall be recorded and maintained for at l east 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 coatin g 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 th e 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, mainte nance, 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 fo r 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 appli cation 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.AIR QUALITY

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26.11.19 Page 47 Effective as of November 09, 2012 (g) Automotive Refinishing Facility. (i) "Automotive refinishing facility" means a shop, business, lo cation, 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 or iginal equipment manufacturing plant where the new motor vehicle or new mobile equipment is completely assembled. (h) "CARB" means the Californ ia Air Resources Board. (i) Cleaning Solvent. (i) "Cleaning solvent" means a fluid c ontaining 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 at omized paint droplets that ar e 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 app lication 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 cle aners; (x) Golf carts; (xi) Ground support vehicles, used in suppor t of aircraft activities at airports; (xii) Implements of husbandry or agriculture and farming equipment; andDEPARTMENT OF THE ENVIRONMENT 26.11.19.23

26.11.19 Page 48 Effective as of November 09, 2012 (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 with out a subsequent clear coat. (ii) "Single-staged coating” includes singl e-stage metallic/iridescent coatings. (q) "Spot repair" means repair of an area of less than one panel in size on a motor vehicle, pi ece 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 th e 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 Referenc e 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) Me thod 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 com pounds 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 meta llic 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. Th e spray equipment transfer efficiency shall be determined by SCAQMD Test Procedure, "Spray Equipment Transfer E fficiency Test Procedure for Equipm ent User", (Approved May 24, 1989).AIR QUALITY

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26.11.19 Page 49 Effective as of November 09, 2012 (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). (10) Emission Control System – Capture Efficiency. The measur ement of capture efficiency shall be conducted and reported in accordance with on e or both of the following: (a) U.S. EPA Technical Document, "Guidelines for Determin ing Capture Efficiency" (issued January 9, 1995); or (b) 40 CFR 51, Appendix M, Methods 204-204f. (11) Emission Control System – Control Efficiency. The contro l efficiency shall be determin ed 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 inco rporated 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: “Determina tion 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, Co atings, Resins, and Raw materials by Direct Injection Into a Gas Chromatograph”. (4) CARB Method 432: "Determination of Dich loromethane 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, La cquer, and Related Products”. (8) SCAQMD Method 318-95: “Determination of Weight Percen t Elemental Metal in Coatings by X-Ray Diffraction” (approved July 1996). (9) SCAQMD Test Procedure: Spray Equipment Transfer Effici ency Test Procedure for Eq uipment 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). (1 2) U.S. EPA Technical Document: “Guidelines for Determining Capture Efficiency” (January 9, 1995). (13) 40 CFR 51, Appendix M: Methods 204-204f.DEPARTMENT OF THE ENVIRONMENT 26.11.19.23

26.11.19 Page 50 Effective as of November 09, 2012 (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. (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 automo tive coating or cleaning solvent for use within the State; (b) Manufactures an automotive co ating 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 sa le 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 wit h 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, mob ile equipment, or associated parts and components, an automotive coating or cleaning solv ent 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 Refinishing and Recoating.AIR QUALITY

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26.11.19 Page 51 Effective as of November 09, 2012 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 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, includ ing 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, includi ng 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 literatu re supplied by a manufacturer or anyone acting on behalf of aDEPARTMENT OF THE ENVIRONMENT 26.11.19.23

26.11.19 Page 52 Effective as of November 09, 2012 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. (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 standard s 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 St ate an automotive coating with a VOC content in excess of the lim its 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 ef ficiency is equivalent to or higher than HVLP or electrostatic spray application methods usi ng 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.AIR QUALITY

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26.11.19 Page 53 Effective as of November 09, 2012 (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.

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 contai ner 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 prac tice 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 proced ures to minimize spills during the transf er of automotive coating components, automotive coatings, solvents , and cleaning solvents; and (d) Ensure that a person who uses or app lies 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 acco rdance 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 repackag er'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).DEPARTMENT OF THE ENVIRONMENT 26.11.19.23

26.11.19 Page 54 Effective as of November 09, 2012 (c) The manufacturer and repackager of cleaning solvents subject to this regul ation 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. (2) Container Labeling Requirements. The manufacturer and repa ckager 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 co mponent as supplied, calculat ed in accordance with the requirements of §E(2)(a)(i) of this regu lation 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, calculate d 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 comp onents, 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 clea ning 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 docume nting how the as applied values were determined; (b) The VOC actual content and VOC regulato ry content as supplied and copies of current manufacturer specification sheets, product data sheets, material safety data sheets, tec hnical 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

e mission 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.AIR QUALITY

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26.11.19 Page 55 Effective as of November 09, 2012 (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. (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 regulatio n 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 disp layed 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 automotiv e 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 y ear of manufacture for an au tomotive 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 authori zation 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, coati ng 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 spra y gun cleaning system or equi valent cleaning system shall be determined in accordance w ith the test methods listed in §B(9) of this regulation. (b) The test solvent for this determination shall be a lacque r thinner with a minimum vapor pressure of 105 mm of mercury at 20oC. (c) The minimum test temperature shall be 15oC.DEPARTMENT OF THE ENVIRONMENT 26.11.19.24

26.11.19 Page 56 Effective as of November 09, 2012 (2) Alternative Test Methods. The use of other test methods whic h are determined to be equivalent or better and which are approved in writing by the De partment and the Administrator of the U.S. EPA ma y be used in place of the test methods specified in this regulation.

.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 re gulation, 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 ap plied minus water and exempt solvents. (2) Alternative Method of Compliance. A person subject to th is 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 co mpliance 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 complia nce with §C(2) of this regulation. (2) Reporting Requirements. (a) If complying coatings are used to achieve compliance, mont hly 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 repo rt 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 th an 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 ex isting 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 opera tion 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 nitr amine-based propellants such as low vulnerability ammunition.
C. General Requirements.AIR QUALITY

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26.11.19 Page 57 Effective as of November 09, 2012 (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 manufactur ing equipment at the premises, and (b) A complete permit to construct application for the co ntrol 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 Reinfo rced 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 poly ester resins used for tooling or touch-up and repair.

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 mate rial 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 po lyester 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. (9) "Touc h-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 th e total quarterly polyester resin used as reported in §D(1) of this regulation.
C. Requirements.DEPARTMENT OF THE ENVIRONMENT 26.11.19.27

26.11.19 Page 58 Effective as of November 09, 2012 (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-assis ted 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 year s and made available to the Department upon request.

.27 Control of Volatile Organic Compounds from Marine Vessel Coating Operations. A. Applicability. This regulation applies to marine vessel coating op erations at a premises where the total potential to emit VOC emissions equals or exceeds 25 tons (2 2.75 metric tons) per year or actual emis sions of 20 pounds (9 kilograms) per day from all marine vessel coating operations at the premises.

B. Definitions. In this regulation, the following terms have the meanings indicated: (1) "Air flask coating" means a special composition coating applied to in terior surfaces of high pres sure 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 Fe deral 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, biologi cal, and radiological washdown requirements. (5) "Heat resistant coating" means a coating th at during normal use must withstand a temperature of at least 204°C (400°F). (6) "High-gloss coating" means a coating that achieves at leas t 85 percent reflectance on a 60 degree meter when tested by ASTM Method D-523. (7) "High-temperature coating" means a coating that during norm al use must withstand a temp erature 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 inorga nic silicate binder that is applied to steel to provide galvanic corrosion resistance. (9) "Marine vessel coating operation" means th e 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.AIR QUALITY

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26.11.19 Page 59 Effective as of November 09, 2012 (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 a pplied over thermal spray aluminum surfaces. (18) Ship. (a) "Ship" means a marine vessel used for military or comme rcial 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 passe nger (cruise) ships; (iii) Ferries; (iv) Barges; (v) Tankers; (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 inte rior surfaces aboard U.S. military vessels pursuant to a coating specification that requires that th e 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 coat ing that exceeds the standards in §C(2 ), (3), and (4) of this regulation. (2) C oating Standards.
Coating Maximum VOC content Pounds per Gallon as applied (Grams per Liter)

Air flask 2.83 (340)DEPARTMENT OF THE ENVIRONMENT 26.11.19.27

26.11.19 Page 60 Effective as of November 09, 2012 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)

(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 app licable category. (4) Any other coating used in a marine vesse l 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 otherwis e 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 re lease 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 eac h cleanup solvent used that contains VOCs. (2) Records shall be retained for 3 years and be made available to the Department on request.AIR QUALITY

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26.11.19 Page 61 Effective as of November 09, 2012 (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 fr om 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 coati ng 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, pre ssurized, nonrefillable container which ex pels 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. (a) “Antifouling sealer/tiecoat” mean s 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 coatin g and other antifouling coatings. (b) “Extreme high gloss coating” means any coating which ach ieves at least 95 percent reflectance on a 60o meter when tested by ASTM Method D 523-89. (c) “Fiberglass boat” means any type of vess el, other than a seaplane, that can be us ed 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 m atrix reinforced with fiberglass (glass fibers), inert filler, or othe r reinforcing materials such as fibers of carbon, aramid, or ot her material. (d) “Finish primer/surfacer” means a coa ting 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 coa ting 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 ar e 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 coa ting which contains no more than 25 percent solids by weight and at least 0.1 percent acids by weight, is used to pr ovide surface etching, and is applied direc tly to fiberglass and metal surfaces to pr ovide 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.28

26.11.19 Page 62 Effective as of November 09, 2012 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

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.AIR QUALITY

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26.11.19 Page 63 Effective as of November 09, 2012 (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 e fficiency 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 conti nuously measure and record the water flow to the scrubber system; (b) Measure and record the water flow rate when performing a compliance stack test conducte d 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 ba sed on future stack test re sults performed in accordance with §E of this regulation. (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 conditio ns 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 with in 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) Th e types and input rates for all materials processed; and (b) The estimated monthly VOC emissions. (3) All records required under this regulation shall be maintain ed for at least 5 years and be made available to the Department upon request.DEPARTMENT OF THE ENVIRONMENT 26.11.19.29

26.11.19 Page 64 Effective as of November 09, 2012 .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 f illing system that minimizes fugitive VOC emissions by rapidly filling individual containers with the assistance of gr avity and creating a vacuum or pressure during the bottling oper ation. (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 spir its are received in bulk, adjusted to a designated proof, pumped into barrels, stored in an aging warehouse, bottled, and packaged.
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 eff ective device that minimizes VOC evaporative losses when emptying barrels; (b) Drain distilled spirits from filter plates that are located be tween 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 co mparably 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 subj ect to this regulation shall submit to the Department for approval a good operating practices manual to minimize fugitiv e 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 es timate 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.AIR QUALITY

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26.11.19 Page 65 Effective as of November 09, 2012 B. Terms Defined. (1) "Back-up control device" means a control de vice that is used when the primary c ontrol 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 weath er 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. (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, stripper s and other similar ch emical processing equipment to produce a single chemical intermediate or final product. (10) Product Condenser. (a) "Product condenser" means chemical pr ocessing equipment that is used to condense process vapors and return the condensate to the process for the primary purpose of mainta ining 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 emi ssions" 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 o r more per day. (2) A person who owns or operates an installa tion 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) T he 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.31

26.11.19 Page 66 Effective as of November 09, 2012 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 emi ssions 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 th at 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 y ear unless a longer period is approved by the Department.

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 ch amber 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 syst em that alerts the operator when the oxidi zer 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 we t 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 equippe d with a control device that meets the requirements in §E(2), (3), and (4) of this regulation.

F. Dem onstration of Compliance. Compliance with this regulatio n 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 Orga nic Compounds from Medica l Device Manufacturing. A. Definitions. In this regulation, the following terms have the meanings indicated.AIR QUALITY

26.11.19.32

26.11.19 Page 67 Effective as of November 09, 2012 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, treatme nt, or prevention of disease. (5) "Medical device manufacturin g 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. (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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.32

26.11.19 Page 68 Effective as of November 09, 2012 (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 tran s-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 vola tile organic compound (VOC) under COMAR 26.11.01.01B. (6) "Filler" means a preparation used to f ill in cracks, grains, and imperfections of wood before applying a coating. (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 ma rkedly affecting the substrate. (8) Pigmented Coating. (a) "Pigmented coating" means opaque coatings that contain binders and colored pigments. (b) "Pigmented coating" includes opaque coa tings 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 bind ers that seal a wood surface prior to application of subsequent coatings. (11) "Stain" means a clear, semi-transparent, or opaque coating la beled 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 po und 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 pe rson 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.AIR QUALITY

26.11.19.33

26.11.19 Page 69 Effective as of November 09, 2012 (2) Alternative Compliance Method. A person subject to this re gulation 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 perc ent 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

(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 c ontent 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 an d 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.DEPARTMENT OF THE ENVIRONMENT 26.11.19.33

26.11.19 Page 70 Effective as of November 09, 2012 (a) "Class II finishes on hardboard panels" means finishes on panels that: (i) Are manufactured primarily from inter-felted lignocellulosic fibe rs that are consolidated u nder heat and pressure in hot-press; and (ii) Meet the specifications of the American National Standa rd, 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 pl ywood 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 natura l 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.

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 installati on 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 speci fied 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%AIR QUALITY

26.11.19.33

26.11.19 Page 71 Effective as of November 09, 2012 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 effect ive June 8, 1981 (8:9 Md. R. 800) Regulations .01—.14 repealed effec tive August 16, 1983 (10:14 Md. R. 1262)

—————— Regulations .01—.14 adopted effectiv e 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 effectiv e August 10, 1987 (14:14 Md. R. 1572) Regulation .03 repealed and new Regulation .03 a dopted 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, 198 0, 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 e ffective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726) Regulation .02A amended effectiv e May 8, 1995 (22:9 Md. R. 653) Regulation .02B amended effectiv e May 4, 1998 (25:9 Md. R. 680) Regulation .02D amended effectiv e 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 effectiv e 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 Sept ember 22, 1997 (24:19 Md. R. 1344) Regulation .06 amended effective No vember 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 eff ective 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 effectiv e June 15, 1998 (25:12 Md. R. 949) Regulation .09B amended effective February 17, 1992 (19:3 Md. R. 306) Regulation .09 repealed and new Regulation .09 a dopted 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, 20 10 (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 effectiv e 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 e ffective 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 A ugust 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 effectiv e 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 effectiv e June 29, 1998 (25:13 Md. R. 997) Regulation .14B amended effectiv e M ay 8, 1991 (18:6 Md. R. 688) Regulation .15 amende d effective May 8, 1991 (18:6 Md. R. 688) Regulation .15A amended effective Marc h 22, 1999 (26:6 Md. R. 488); adopted effective April 19, 2010 (37:8 Md. R. 623) Regulation .15C amended effectiv e February 15, 1993 (20:3 Md. R. 260); May 4, 1998 (25:9 Md. R. 680); adopted effective April 1 9, 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 effectiv e June 5, 1995 (22:11 Md. R. 823) Regulation .18 adopted effective November 7, 1994 (21:22 Md. R. 1879) Regulation .18 amended effective Au gust 24, 1998 (25:17 Md. R. 1362); June 10, 2002 (29:11 Md. R. 890)DEPARTMENT OF THE ENVIRONMENT 26.11.19.33

26.11.19 Page 72 Effective as of November 09, 2012

Regulation .18A, C, E, I amended eff ective 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 a dopted 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 a dopted 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 .27 adopted effective Oc tober 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 Dece mber 10, 2001 (28:24 Md. R. 2131); November 11, 2002 (29:22 Md. R. 1724) Regulation .30 amended as an em ergency provision effective January 11, 2008 (35: 3 Md. R. 287); amended permanently effective Ap ril 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 unle ss 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 wit h existing State or federal standards for emissions from motor vehicles.

.03 Motor Vehicle Fuel Specifications. A. Definitions. For the purposes of this regulation, the defi nitions 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.DEPARTMENT OF THE ENVIRONMENT 26.11.20.04

26.11.20 Page 2 Effective as of November 12, 2010 C. Volatility. Unless the gasoline is segregated and clearly docume nted as noncomplying and not for sale or supply to an ultimate consumer in an applicable contro l 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 specifie d 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 se gregated and clearly documented as nonc omplying 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, transf er or otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the oxygen content requirements specifie d 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 follo wing 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 complia nce 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 mode l 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 o fAIR QUALITY

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26.11.20 Page 3 Effective as of November 12, 2010 6,001 to 14,000 pounds gross ve hicle weight, if designed to operate on gasoline, will pro ceed 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 ad opted 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 cite d 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 inap propriate 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 federa l certificate of conformity under the Cl ean Air Act (42 U.S.C. §7401 et seq.) and which was originally registered in anothe r 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 reason able 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. Defin itions. 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 Californi a 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.DEPARTMENT OF THE ENVIRONMENT 26.11.20.06

26.11.20 Page 4 Effective as of November 12, 2010 (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 mo re 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 moto r 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 require ments 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. Fo r 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 Californi a executive order for that engine: (1) Sell, lease, rent, import, deliver, purc hase, 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 Califor nia Orders and Voluntary Recalls. (1) Any order or enforcement action taken by the California Air Resources Board to corr ect noncompliance with the requirements under Title 13, CCR, §1956.8, sh all be applicable to all such engines a nd motor vehicles subject to this regulatio n, unl ess the manufacturer demonstrates to the Department's satisfaction, within 21 days of issuance of the California Air Resourc es Board action, that this action is not applicable to such engines or vehicles in Maryland. (2) Any voluntary or influenced emission-related recall campa ign initiated by any manufacturer under Title 13, CCR, §§2113—2121, shall extend to all applicable engines and motor vehicles subject to this regu lation, unless the manufacturerAIR QUALITY

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26.11.20 Page 5 Effective as of November 12, 2010 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 po licies established under this regulation shall be terminated at the end of the model year during which the U.S. Environmental Protecti on 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, 198 0, see the Administrative History of COMAR 26.11.01. Regulation .01 recodified as Regulation . 06 and new Regulations .01 a nd .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 amende d as an emergency provision effectiv e January 25, 1989 (16:3 Md. R. 338) Regulations .01 and .03—.05 repealed and Regulations .02 and .06 recodified to Regul ations .01 and .02 effective June 26, 1989 (16:10 Md. R. 1110) Regulation .03 adopted effec tive 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 D ecember 10, 2001 (28:24 Md. R. 2132) Regulation .06D amended effectiv e May 9, 2005 (32:9 Md. R. 850)

### This Page Intentionally Left Blank26.11.21 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 21 Control of Asbestos

Authority: Environment Article, T itle 2, and Title 6, Subtitle 4, Annotated Code of Maryland

.01 Definitions. A. "Asbestos project" means any activity involving the demolition, renovation, or encapsulation of friable asbestos materials.

B. "Business entity" means a partnership, firm, association, corp oration, sole proprietorship, or other business concern.
C. "Demolition" means the wrecking or taking out of any load-s upporting structural member and any related removing or stripping of friable asbestos materials.

D. "Encapsulate" means to coat, bind, or resu rface walls, ceilings, pipes, or other struct ures to prevent friable asbestos from becoming airborne.

E. "Friable asbestos material" means any material that contains more than 1 percent asbestos by weight and that can be crumbled, pulverized, or reduced to powder, when dry, by hand pressure.

F. "License" means any authorization issued by the Department to encapsulate or remove asbestos.
G. "Maryland Air Management Administration" means that unit of the Department of the Environment responsible for the implementation and enforcement of the State air quality control regulations.

H. "Negative pressure system" means equipment that ensures that the static pressure in an enclosed work area is lower than that of the environment outside the containment barriers.

I. "Operations and maintenance (O and M)" means the removal, encapsulation, or disturbance of friable asbestos-containing materials when the amount of material is less than 10 square feet or 20 linear feet and is associated with small repairs or maintenance.

J. "Person", as defined in Environment Article, §1-101 and 2- 101, Annotated Code of Maryland, includes any business entity or public unit.

K. "Public unit" means: (1) Any agency, bureau, department, or instrumentality of State government that is not subject to Executive Order 01.01.1987.22; (2) Any agency, bureau, department, or instrumentality of federal or local government; (3) Educational institutions that are not subject to Executive Order 01.01.1987.22; and (4) Any public, quasi-public, or municipal corporation.

L. "Renovation" means the removal or strippi ng of friable asbestos materials used on any pipe, duct, boiler, tank, reactor, turbine, furnace, or structural member. Operations in which load-supporting structural members are wrecked or taken out are excluded.

M. "Structural member" means any load-supporting member, such as beams and load-supporting walls, or any nonsupporting member, such as ceilings and nonload-supporting walls.

N. "Supervisor" means an individual responsible for: (1) Asbestos abatement project planning, oversight, or contracting; or (2) Directing the work of others involved in asbestos abatement work.
O. "Three stage decontamination station" means a se ries of three enclosures consisting of a: (1) Clean room; (2) Shower room; and (3) Contaminated room for removal of disposable clothing and storage of contaminated equipment.DEPARTMENT OF THE ENVIRONMENT 26.11.21.02

26.11.21 Page 2 Effective as of November 12, 2010 P. "Worker" means an individual actually involved in the removal or encapsulation of friable asbestos material and who will come into contact with friable asbestos.

.02 Applicability. A. Regulations .03, .06, .07, and .08 of this chapter apply to any person who performs or intends to perform an asbestos project within Maryland.

B. Regulations .04, .05, and .09—.12 of this chapter apply only to any business entity or public unit which performs or intends to perform an asbestos project within Maryland.
C. Regulation .13 of this chapter applies to any person applying for approval of a course on the health and safety aspects of asbestos demolition, renovation, and encapsulation.

D. If a provision of Regulation .06 of this chapter conflicts with a requirement under a National Emission Standard for a Hazardous Air Pollutant (NESHAP) in COMAR 26.11.15.02, the NESHAP requirement takes precedence.

E. Request for Determination of Applicability. (1) A person may request that the Department determine whether a pr oject is an asbestos project subject to this chapter. The Department will make the determination in writing not later than 30 days after it ha s received a written request describing the asbestos-containing materials, the proposed project, and the person. (2) An erroneous determination by the Department that a project is not subject to this chapter relieves a person from the requirements of this chapter only to the extent that the Depa rtment was provided with the appropriate information to make a correct determination.

.03 Notification. A. NESHAP Sources. A person who intends to engage in an asbestos project which is a NESHAP source shall notify the Maryland Air and Radiation Management Administration (ARMA) in writing in accordance with the requirements of 40 CFR Part 61. Notifying ARMA does not relieve a person of the obligation to also notify the U.S. Environmental Protection Agency, Region III office.

B. Encapsulation. A person who intends to engage in an asbest os project which will include encapsulation of more than 160 square feet or 260 linear feet of asbestos shall notify the Ma ryland Air and Radiation Management Administration in writing as soon as possible before the project begins.
C. All Other Asbestos Projects. (1) Any business entity or public unit licensed under this chapter, performing an asbestos project which is not subject to §A, B, or D, of this regulation, shall notify the Maryland Air Ma nagement Administration in writing before beginning the project. (2) The notification in §C(1) of this regulation shall consist of: (a) The location of the removal or encapsulation work; (b) The approximate amount of asbestos or asbestos-containing materials to be removed or encapsulated; and (c) The scheduled start and completion date of the asbestos project.

D. Asbestos projects which meet the definition of operations and maintenance (O and M) are not required to notify the Maryland Air Management Administration.

.04 License Requirement. A business entity or public unit may not engage in any asbestos project unless it is licensed by the Department under this chapter.

.05 Worker Protection Requirements. A. Respiratory Protection Program. A business entity or public unit, before it engages in any asbestos project, shall prepare a written respiratory protection program as defined in MOSH regula tions at 29 CFR Part 1910.134 and make the program available to the Department and workers at the job site.AIR QUALITY

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26.11.21 Page 3 Effective as of November 12, 2010 B. Physical Examination. The business entity or public unit shall ensure that each worker and superv isor who will be involved in an asbestos project has been examined wi thin the preceding year and has been declar ed by a physician to be physically capabl e of working while wearing a respirator.
C. Training. (1) The business entity or public unit shall en sure that each worker or supervisor of the business entity or public unit who will come in contact with friable asbestos or will be responsibl e for an asbestos project, except operations and maintenance (O and M), receives the following training: (a) An initial course approved by the Department, consisting of 24 hours of instruction for workers or 32 hours of instruction for supervisors, completed before engaging in any asbestos projects; and (b) An annual review course approved by the Department. (2) The business entity or public unit shall ensure that workers and supervisors responsible for operations and maintenance (O and M) complete: (a) A training course of at least 6 hours duration; and (b) An annual review course of at least 4 hours duration.

D. Protective Clothing and Equipment. The business entity or public unit shall provide workers and supervisors exposed to an asbestos environment with protective clothing and equipment including the items listed below and ensure that workers and supervisors involved in any as bestos project use the items: (1) Disposable clothing, including hair cove r and foot covers, which reasonably preven ts asbestos fibers from reaching the body; and (2) Respirators approved by the National Institute of Occupationa l Safety and Health (NIOSH) and, at a minimum, capable of being qualitatively fit tested us ing positive and negative methods.

E. No Smoking, Eating, or Drinking. The business entity or public unit shall ensure that there is no smoking, eating, or drinking in the work area.

F. A business entity or public unit shall ensure that a su pervisor is present at any project subject to NESHAP.
G. Alternative Procedures. The Department may, on a case-by-case basis, approve an alternative to a worker protection requirement in §§A—E of this regulation for an asbestos project provided that the business entity or public unit submits the alternative procedure to the Department in writing and demonstrat es to the satisfaction of the Department that the proposed alternative procedure provides equivalent worker protection and is in compliance with EPA, NESHAP, and OSHA worker protection rules.

.06 Control of Emissions from an Asbe stos Project Subject to NESHAP. A. Signs. (1) Danger Signs. A person engaged in an asbestos project that is a NESHAP source shall display 20-inch by 14-inch danger signs wherever airborne asbestos fibers may be present, in accordance with Regulation 29 CFR Part 1926.58. (2) Project Notification Signs. A business entity or public unit planning an asbestos project that is a NESHAP source shall also comply with the following: (a) Except in emergency situations and except as provided in §A(3 ), of this regulation, at least 3 days before removing or encapsulating asbestos, post the signs required by §A(4) of this regulation immediately outside all entrances to and exits from the work site or asbestos project to inform the public in the imme diate vicinity that asbestos ab atement will be performed; and (b) Keep the signs required by §A(4) of this regulation posted until the Maryland Air and Radiation Management Administration receives the writte n notice of final air monitoring results re quired under §B(3)(f) of this regulation. (3) Utility companies are not required to post signs 3 days before removing or encapsulating asbestos at a work site or asbestos project, but shall comply with any fede ral requirements regarding the posting of signs.DEPARTMENT OF THE ENVIRONMENT 26.11.21.06

26.11.21 Page 4 Effective as of November 12, 2010 (4) Notice of Asbestos Project signs required by §A(2)(a) of th is regulation shall display the following language with letter sizes and styles of type at least equal to those specified in this subsection: (a) The following is an example of the Notice of Asbestos Project sign:
NOTICE OF ASBESTOS PROJECT Pursuant to Environment Article, §6-414.1, Annotated Code of Maryland, and COMAR 26.11.21.06A(4), notice is hereby given that an asbestos project is planned for this area. Th e work will commence on ______________ and is expected to be completed on ____________. Contractor: _____________________________ Owner: _______________________________

_____________________________ _______________________________

_____________________________ _______________________________ This notice is required to be posted 3 days in advance on all asbestos projects which exceed 160 square feet or 260 linear feet of friable asbestos material. Date of Posting: _________________________ Problems or complaints concerning this work may be referred to Maryland Air and Radiation Management Administration, (410)631-3200. (b) Printing Requirements—Type Sizes and Fonts. (i) The heading "Notice of Asbestos Project" shall be printed in 1 inch sans serif type, gothic or block. (ii) Lines two through ten of the "Notice of Asbestos Project" sign shall be printed in 24 point sans serif type, gothic or block. (iii) The "Date of Posting" shall be printed in 24 point sans serif type, gothic or block. (iv) The sentence beginning "Problems or complaints" shall be printed in 18 point sans serif type, gothic or block.

B. Any Asbestos Project That Is a NESHAP Source. A person engaged in an asbestos project in which 260 feet (80 meters) or more of pipe covered or coated with asbestos materials are stripped or removed, or 160 square feet (15 square meters) or more o f asbestos materials used to cover or coat any duct, boiler, tank, reactor, turbine, or structural member are stripped or removed
, shall comply with the following: (1) Use plastic sheeting 6 mils thick or equivalent. Use either duct tape or equivalent waterproof tape. (2) Wet asbestos materials to be removed with a solution containing a surfactant which significantly reduces interfacial surface tension of water or penetrates friable asbestos materials such that the material is wet thoroughly and remains wet duri ng the removal process to minimize dust. (3) Use the following cleaning and air monitoring procedures: (a) If a building or structure is to be co mpletely demolished, after removing any asbestos materials, clean the work area until no residue or asbestos material is visible. (b) During any other asbestos project subject to this section, after removing any asbestos materials, and before removing any plastic barriers separating the site from the rest of the building or any plastic barriers covering vents, windows, doors, or entries to the work site: (i) Clean all surfaces in the work area using the water and su rfactant solution prescribed in §B(2) of this regulation; (ii) When the surface has dried, vacuum any remaining dry re sidue on all surfaces using a vacuum equipped with a high efficiency particulate air (HEPA) filter; and (iii) Repeat the sequence of wet mopping and vacuuming until no residue is visible and the measured airborne concentration of asbestos fibers longer than 5 microns is less than 0.01 fibers per cubic centimeter (8-hour time-weighted aver age) using the procedures specified in §B(3)(c)—(e), of this regulation. (c) Conduct air monitoring required by §B(3)(b)(iii), of this re gulation, using procedures specified in NIOSH Analytical Method #P&CAM 239, Asbestos Fibers in Air (February, 1979) which is incorporated by reference, or equivalent. WhenAIR QUALITY

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26.11.21 Page 5 Effective as of November 12, 2010 clearance monitoring by transmi ssion electron microscopy is elect ed, the protocol outlined in th e U.S. EPA Asbestos Hazard and Emergency Response Act (AHERA) rules in 40 CFR Part 763 shall apply, including the application of the "Z" test. (d) Also, for air monitoring required by §B(3)(b)(iii), of this regulation, take sufficient samples to represent asbestos concentrations in the entire work area. Re presentative sampling shall require at least: (i) One sample in every room; and (ii) At least one sample for every 50,000 cubic feet or 5,000 square feet of floor area, whichever requires more samples. (e) Within 24 hours after receiving final written monitoring results, submit to the Department a record of the air monitoring required by §B(3)(b)( iii) of this regulation. The record shall indicate the asbestos concentration monitored in the work area after it is cleaned and before barriers are removed. (4) To minimize airborne asbestos dust in side enclosures, use negative pressure systems which meet the following: (a) The exhaust air passes through a High Effi ciency Particulate Air (HEPA) filter; (b) The air flow is such that a complete change of air occu rs in the enclosed area at least once every 15 minutes; and (c) When practical, the negative pressure sy stems are vented to the outside air.
C. Demolition. A person subject to §§A and B of this regulation, and engaged in demolition shall also comply with the following: (1) Before beginning any demolition project, cover all windows, doors, and other openings with plastic sheeting and seal with tape; (2) Use a negative pressure system described in §B(4), of this regulation; (3) If a structure or building is to be partially demolished, constr uct a barrier of plastic sheeting sealed with tape to prevent asbestos from entering any portion of the structure or building not to be demolished, and seal ducts, including air conditionin g and heat ducts, before wetting and removal; (4) Wet all components that contain or may contain asbestos before stripping the asbestos; (5) Wet the structure and components as necessa ry to assure that the asbestos materi al to be stripped remains wet during removal, loading, an d transportation; and (6) For structural members and com ponents from which asbestos will not be stripped, wet the asbestos at the cut points and remove this wet asbestos before cutting and removing the structural member or component.

D. Renovation. A person subject to §§A and B of this regulation, and engaged in renovation shall also comply with the following: (1) Before beginning any renovation project, remove all movable objects from the work area and cover the nonmovable objects with plastic sheeting taped securely in place. Cover floor s, other large areas such as walls, and all windows in the wo rk area with plastic sheeting sealed with tape. Shut down all for ced-air ventilation to the work area and seal exhaust and intake ducts. (2) Construct double barriers of plastic sheeting at all entrances and exits to the work area. Construct double barriers at entrances to a separate three-stage decontamination station with the work area to be used for removal of contaminated protectiv e clothing and for storage of contaminated items and tools. Al so provide a separate clean ro om where worker s obtain clean protective clothing and respirators before entering the decontamination area. (3 ) Wet all areas or surfaces that contain or may contain friable asbestos before removal. Ensure that the asbestoscontaining materials remain wet during the removal process. (4) Not use the glove bag technique on projects subject to NESHAP. (5) Ensure that all persons not involved in the asbestos project are out of the area before beginning abatement.

E. Exemptions. (1) The Department may, on a case-by-case basis, approve an alternative procedure for control of emissions from an asbestos project provided that the person submits a written de scription of the alternative procedure to the Department andDEPARTMENT OF THE ENVIRONMENT 26.11.21.07

26.11.21 Page 6 Effective as of November 12, 2010 demonstrates to the satisfaction of the Department that complian ce with the prescribed procedures is not practical or not feasi ble, or that the proposed alternative procedure provides equivalent control of asbestos. The Department, following its review, may approve an alternative procedure if it determines that it will mi nimize the emissions of asbestos into the air. The Department shall respond to a written request within 10 working days of receipt of the request. (2) A person may not be exempt from the requirements of 40 CFR Part 61, except as provided there.

.07 Control of Emissions from Any Other Asbestos Project. A. Any Asbestos Project That Is Not a NESHAP Source. A person engaged in any other asbestos project not subject to Regulation .06 shall take reasonable precautions to prevent asbestos from becoming airborne, including: (1) Removing all friable asbestos before any demolition project; (2) Wetting any asbestos (except asbestos to be encap sulated) as described in Regulation .06B(2); (3) Isolating and containing asbestos that is to be removed or encapsulated; (4) Using other appropriate work practices to minimize the dispersal of particulate asbestos; (5) Leaving no visible residue of asbest os after completing the project; and (6) Posting "Danger" signs at entrances where asbestos is to be removed.

B. Exemptions. The Department may, on a case-by-case basis, appr ove an alternative procedure fo r control of emissions from an asbestos project provided that the person submits a written de scription of the alternative procedure to the Department and demonstrates to the satisfaction of the Department that complian ce with the prescribed procedures is not practical or not feasi ble, or that the proposed alternative procedure provides equivalent control of asbestos. The Department, following its review, may approve an alternative procedure if it determines that it will mi nimize the emissions of asbestos into the air. The Department shall respond to a written request within 10 working days of receipt of the request.

.08 Waste Disposal. A. Containing Asbestos Waste. A person who engages in or has engaged in an asbestos project shall comply with the following: (1) Deposit all asbestos waste, including sealing tape, plastic sh eeting, mop heads, sponges, filters, and disposable clothing, in plastic bags of at least 6 mils thickness and seal the bags. (2) Clearly label the bags and any structural components wrapped in plastic as requir ed in §A(3), of this regulation, as asbestos waste. In addition to any label required by 29 CFR Part 1910 or 40 CFR Part 61, affix a label including the following information: (a) The number of the person's license to remove or encapsulate asbestos; and (b) The date the bag was sealed. (3) If large structural members containing as bestos cannot be bagged or placed in containers, wrap them in 6 mil plastic, and tape the plastic closed and label them as required in §A(2), of this regulation, before transporting them to the disposal s ite. (4) Ensure that asbestos waste is segregated from other waste and kept in a secure area or securely locked containers.

B. Removing Asbestos Waste from the Project Site. A person who engages in or has engaged in an asbestos project shall comply with the following: (1) Remove asbestos waste from the site of an asbestos project that is not subject to 40 CFR Part 61 not later than 24 hours after completing the asbestos renovation, demolition, or encapsulation project; (2 ) Remove asbestos waste from the site of an asbestos project that is subject to 40 CFR Part 61 not later than 7 days after completing the asbestos renovation, demolition, or encapsulation project; (3) After removing asbestos waste from the site of an asbestos project, dispose of the asbestos waste as provided in §D, of this regulation, or comply with interim storag e requirements under §C, of this regulation.AIR QUALITY

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26.11.21 Page 7 Effective as of November 12, 2010 C. Interim Storage. (1) A person may not store asbestos waste unless: (a) The person is licensed by the Department under this chapter; (b) Less than 20 cubic yards of asbestos waste is stored; (c) The asbestos waste is enclosed in rigid cont ainers which are kept in a secure area; and (d) The person has submitted a written application for and r eceived Departmental approval under §C(2), of this regulation. (2) The Department will incorporate any approval for interim storage of asbestos waste in the license granted under this chapter and may include reasonable conditions to ensure that the stored asbestos does not become a threat to the public health.

D. Transport and Disposal. A person who engages in or has engaged in an asbestos project shall comply with the following: (1) Transport and dispose of asbestos waste in a manner to prevent asbestos from becoming airborne. A person may not transport asbestos waste in an open vehicle. (2) If disposing of asbestos waste within the State, use a dispos al facility authorized by the Department for that purpose. (3) Within 10 days after disposal of asbestos waste, submit to the Department a copy of the di sposal receipt or record of appropriate disposal showing the disposal facility and date.

.09 Records. A. Each licensed business entity or public unit shall maintain reco rds of all asbestos projects which it performs, and shall make these records available to the Department upon request. The business entity or public unit shall retain the records for at leas t 6 years. B. The business entity or public unit shall record the following information for each project: (1) Name and address of supervisor responsible for the project; (2) The location and description of the project, and the estimated amount of asbestos removed or estimated area encapsulated at each project; (3) Starting and completion dates; (4) Summary of the procedures used to comply with applicable requirements; and (5) Name and address of the waste disposal s ite where the asbestos waste was deposited.

.10 License Application. A. To apply for or to renew a license, a business entity or public unit shall: (1) Submit a completed application to the Department on forms provided by the Department; and (2) Except for public units, pay the fee in §B, of this regulation, by certified check made payable to the Department of the Environment Clean Air Fund.

B. Application Fee. Number Of Employees to be Engaged in Asbestos Projects License Fee

2 or less $125 3 or more 750

.11 Action on an Application. A. Within 30 days after receiving an applic atio n, the Department will acknowledge receipt of the application and, within 15 working days after acknowledgment, will notify the applicant of an y deficiency in the application. Within 60 calendar days afte r receiving a completed application, including all additional information requested by the Department, the Department will issue a license or deny the application.DEPARTMENT OF THE ENVIRONMENT 26.11.21.12

26.11.21 Page 8 Effective as of November 12, 2010 B. Denial. (1) The Department will deny an application if it determines that the applicant has not demonstrated the ability to comply fully with applicable requirements, procedures, and standards established by the: (a) Department in this chapter; (b) U.S. Environmental Protection Agency in 40 CFR 61; and (c) Maryland Occupational Safety and Health Program in 29 CFR §§1910.134 and 1926.58. (2) If the Department denies a license, the Department will return to the applicant the application fee, less $25. (3) The Department will send the denial of an application by certified mail. The applicant may request a hearing within 10 days after receipt of the certified mail. If it receives a timely request, the Depart ment will hold a hearing in accordance wit h State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
C. Conditions and Generic Alternative. (1) In granting a license, the Department may impose reasonable terms and conditions to ensure continuous compliance with the requirements of this chapter. (2) In granting a license, the Department may approve an altern ative procedure for controlling emissions from a specified type of asbestos project provided that the following conditions are satisfied: (a) The business entity or public unit submits in writing a specific, detailed description of the type of asbestos project and the alternative procedure; (b) The business entity or public unit demonstrates to the satisf action of the Department that compliance with a procedure prescribed in Regulation .06, .07, or .08 of this regulation is not practical or not feasible or that the proposed alternative procedure provides equivalent control of asbestos; and (c) The Department determines that compliance with the pro posed alternative procedure will minimize the emission of asbestos into the air.

.12 Duration, Renewal, and Transferral of a License. A. Unless the Department revokes or suspends a license, the license shall remain in effect for 1 y ear from the date of issuance. Subject to the hearing provisions of Environment Article, §6-415 et seq., Annotated Code of Maryland, the Department may suspend or revoke any license if it determines that a licensee: (1) Fraudulently or deceptively obtains or attempts to obtain a license; or (2) Fails at any time to meet the qualifications for a license or any requirement, procedure, or standard established by the Department in this chapter.

B. The Department may renew a license annually if the business entity or public unit: (1) Submits a completed application for a renewal on forms provided by the Department not sooner than 90 days and not later than 30 days before the license expires; (2) Except for public units, pays to the Department by certifie d check a renewal application f ee as specified in Regulation .10B; and (3) Has complied fully with all applicable requirements.
C. A license to remove or encapsulate asbestos is not transferrable.

.13 Health and Safety Training. A. A pplication for Approval of a Training Course. A person may apply for approval of a course on the health and safety aspects of asbestos demolition, renovation, and encapsulation fo r purposes of Regulation .05C of this regulation by submitting a written application on forms provided by the Department.AIR QUALITY

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26.11.21 Page 9 Effective as of November 12, 2010 B. Criteria for Initial Course. In order to obtain or retain Depart ment approval, a person sponsoring a course shall substantially satisfy the following criteria: (1) Provide a core of 24 hours of instruction reflecting state-of-the-art information on the following topics for supervisors and workers: (a) Recognition of asbestos, including its characteristics and uses; (b) Health hazards, including the relationships between asbestos exposure, smoking, and diseases; (c) Worker protection, including respiratory protection, protective clothing, safety equipment, air monitoring, medical surveillance, and personal hygiene; (d) Work practices, including ar ea preparation, decontamination, and waste disposal; (e) A detailed description of respirators and their use and care, including the degree of protection afforded, fitting and testing procedures, and maintenance and cleaning, and including the following: (i) Airline respirators, (ii) Powered air purifying respirators, (iii) Negative pressure respirators, and (iv) Adjunct equipment for these respirators; (f) Requirements, procedures, and standards established by the: (i) U.S. Environmental Protection Agency at 40 CFR Part 61, Subparts A and M, and (ii) U.S. Occupational Safety and Health Administration at 29 CFR Parts 1910.134 and 1926.58. (2) Divide training classes into work groups consisting of not more than 6 trainees and provide at least 2 hours of hands-on work practices including respirator care and qualitative fit testing, glove bag techniques, state-of-the-art techniques in asbe stos abatement, site preparation, an d construction of barriers and decontamination enclosure systems. (3) Provide an additional 8 hours of training beyond the 24 hours core course for those individuals seeking certification as supervisors. The additional 8 hours shall include: (a) A discussion of work site safety including: (i) Working conditions--heat, cold, and rest periods, (ii) Emergency procedures, and (iii) Hazards associated with heating, ventilating, air conditioning (HVAC) systems, water, and electricity; (b) A discussion of site considera tions and preparations including: (i) Confining and minimizing airborne fibers, (ii) Site access, and (iii) Clean-up and disposal, including landfill and transport requirements; and (c) Liability, including owners, contractors, consultants, workers' compensation, bonding, omissions, and errors. (4) Ensure that instruction is given or supervised by: (a) An industrial hygienist who is at least designated an industrial hygienist in training (IHIT) by the American Board of Industrial Hygiene; or (b) An individual with equivalent education and experience as determined by the Department. (5 ) Maintain lists of students trained, the dates on which training occurred, and students' test scores, and make this information available to the Department within 10 days of completion of the training session. (6) Provide an opportunity for students to complete written course evaluations. (7) Administer to each student an exam ination approved by the Department.DEPARTMENT OF THE ENVIRONMENT 26.11.21.13

26.11.21 Page 10 Effective as of November 12, 2010 (8) Issue to each student who completes th e course and successfully passes the exam ination with a score of at least 70 percent a certificate of completion containing information required by the Department. (9) Provide to the Department a schedule of dates on which training will be conducte d. Ensure that the Department receives this notice at least 5 days before the first course date.
C. Criteria for operations and maintenance (O and M) traini ng courses shall substantially satisfy the following: (1) Provide at least 6 hours of instruction reflecting state-of-the-art information on the following topics: (a) Recognition of asbestos, including its characteristics and uses; (b) Health hazards, including the relationships between asbestos exposure, smoking, and diseases; (c) Worker protection, including respiratory protection, protective clothing, safety equipment, air monitoring, medical surveillance, and personal hygiene; (d) Work practices, including ar ea preparation, decontamination, and waste disposal; (e) A detailed description of respirators and their use and care, including the degree of protection afforded, fitting and testing procedures, and maintenance and cleaning, and including the following: (i) Air respirators, (ii) Powered air purifying respirators, (iii) Negative pressure respirators, and (iv) Adjunct equipment for these respirators; (f) Requirements, procedures, and standards established by the: (i) U.S. Environmental Protection Agency at 40 CFR Part 61, Subparts A and M, (ii) Maryland Occupational Safety and Health Program at 29 CFR Part 1910.1001 and 1910.134, and (iii) Department in this chapter; (2) Provide each student at least 15 minutes of practical instruction in the use of respirators consisting of individual qualitative fit tests, a demonstration of the proper donning an d removal procedure, positive and negative fit checks, and an opportunity to use respirators; (3) Ensure that instruction is given or supervised by an: (a) Industrial hygienist who is at least designated an industrial hygienist in training (IHIT) by the American Board of Industrial Hygiene, or (b) Individual with equivalent education and experience as determined by the Department; (4) Maintain lists of students trained and the dates on which trai ning occurred, and make this information available to the Department upon request; (5) Provide an opportunity for students to complete written course evaluations; (6) Issue to each student who completes the course a certification of attendance containing information required by the Department.
D. Criteria for Review Course. In order to obtain or retain Departmental approval, a person sponsoring a review course shall provide at least 4 hours of instruction adequately addressing the topics in §C(1) of this regulation and shall substantially sa tisfy the criteria in §B(2)—(6) of this regulation.

E. Action on an Application for Course Approval. (1) The Department will acknowledge receipt of an application within 10 working da ys after receiving the application. (2) Th e Department will act on an application within 90 days after it is complete. (3) The Department will approve a course if the Department determines the course substantially satisfies or will substantially satisfy the criteria in §B or C of this regulation.AIR QUALITY

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26.11.21 Page 11 Effective as of November 12, 2010 (4) The Department may deny or revoke approval of a course if the Department determines the course does not or will not substantially satisfy the criteria in §B or C of this regulation. (5) Courses to be presented by the private sector which ar e accredited by the U.S. EPA under AHERA for supervisors or workers may be approved provided the trai ning entity provides proof of U.S. EPA accre ditation to the Department and receives prior written approval from the Department. (6) Training courses presented by one of the U.S. EPA region al training centers and accredited by the U.S. EPA under AHERA for supervisors or workers are approved as meeting the requirements for training programs under this section.

Administrative History

Effective date: April 1, 1983 (10:1 Md. R. 30)

Regulation .09A amended effectiv e July 2, 1985 (12:11 Md. R. 1050) Chapter revised effective April 6, 1987 (14:5 Md. R. 579)

—————— Chapter recodified from COMAR 10.18.23 to COMAR 26.11.21 Regulation .01 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .02B amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .03 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .05 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .06 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .07 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .08C amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .10 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .10B amended effective August 24, 1998 (25:17 Md. R. 1362) Regulation .11A amended effective August 24, 1998 (25:17 Md. R. 1362) Regulation .11B amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .12 amended effective July 16, 1990 (17:11 Md. R. 1345) Regulation .13 amended effective July 16, 1990 (17:11 Md. R. 1345)

### This Page Intentionally Left Blank26.11.22 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 22 Vehicle Emissions Inspection

These regulations have been jointly adopted by the Motor Vehicle Administration and the Depart ment of the Environment. The regulations are found in COMAR 11.14.08 a nd will not be duplicated in Title 26. These regulations should be cited under COMAR 11.14.08.

### This Page Intentionally Left Blank26.11.23 Page 1 Effective as of May 16, 2011 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 23 Asbestos Accreditation of Individuals, and Approval of Training Courses

Authority: Environment Article, §§6-401, 6-406, 6-410, 6-411, and 6-417, Annotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "ACBM" means asbestos-containing building material and incl udes surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on internal structural members or other parts of a: (a) School building; or (b) Public and commercial building. (2) "Accreditation" means approval by the Department to engage in an asbestos occupation pursuant to Regulation .03 of this chapter. (3) "ACM" means asbestos-containing material and includes any material or product which contains more than 1 percent asbestos. (4) "Asbestos" means the asbestiform varieties of: (a) Chrysotile (serpentine); (b) Crocidolite (riebeckite); (c) Amosite (cummingtonitegrunerite); (d) Anthophyllite; (e) Tremolite; and (f) Actinolite. (5) "Asbestos abatement" means any activity involving job set-up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration, or main tenance of asbestos-containing material. (6) "Asbestos occupation" means any job as asbestos abatem ent worker, asbestos abatem ent contractor/supervisor, inspector, management planner, or abatement project designer. (7) "Demolition" means the wrecking or taking out of any load-supporting structural member and any related removing or stripping of asbestos materials. (8) "Encapsulate" means to coat, bind, or re surface walls, ceilings, pipes, or other stru ctures to prevent friable asbestos from becoming airborne. (9) "Enclosure" means the construction or installation over or around the ACM of any solid or flexible coverings, which will not deteriorate or decompose for an exte nded period of time, so as to conceal th e ACM, contain ACM fibers, and render the ACM inaccessible. (10) "Inspector" means an individual performing on-site investigatio ns to locate, identify, classify, record, sample, test, and assess the condition of all friable and nonfriable asbestos-con taining materials located within a structure that is a: (a) School building; or (b) Public and commercial building. (11) Interior Space. (a) "Interior space" means an area inside a school building or public and commercial building. (b) "Interior space" includes: (i) An exterior hallway connecting buildings;DEPARTMENT OF THE ENVIRONMENT 26.11.23.01

26.11.23 Page 2 Effective as of May 16, 2011 (ii) A portico; and (iii) A mechanical system used to condition interior space. (12) "Management planner" means an individual using an in spector's data to assess the ACM's hazard, determine appropriate response actions, develop a schedule for implementing the response actions, and prepare management plans for a school building. (13) "Maryland school" means any elementary or secondary school as defined in §198 of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §2854, and that is in Maryland. (14) "Project designer" means an individual who determines how an asbestos abatement project is conducted in a: (a) School building; or (b) Public and commercial building. (15) Public and Commercial Building. (a) "Public and commercial building" means the interior sp ace of any building that is not a school building. (b) "Public and commercial building" includes, but is not limited to: (i) Industrial and office building; (ii) Residential apartment building of 10 or more dwelling units; (iii) Condominium of 10 or more dwelling units; (iv) Government-owned building; (v) College; (vi) Museum; (vii) Airport; (viii) Hospital; (ix) Church; (x) Store; (xi) Warehouse; and (xii) Factory. (c) "Public and commercial building" does not include a residential apartment building of fewer than 10 dwelling units, a condominium of fewer than 10 dwelling units, or a detached single-family home. (16) "Public and commercial building asbestos project" means an activity involving the inspection of, project design for, or asbestos abatement in, a public and commercial building. (17) "Removal" means the physical removal of ACM from a build ing and disposal of the ACM according to all applicable regulations. (18) "Repair" means returning damaged ACM to an undamaged condition or to an intact state to prevent fiber release. (19) "School asbestos project" means any activity involving the inspection of, management plan development for, project design for, or asbestos abatement in a Maryland school. (20) "Structural member" means any: (a) Load-supporting member such as beams and load-supporting walls; or (b ) Nonsupporting member such as ceilings and nonload supporting walls. (21) Supervisor. (a) "Supervisor", for a school asbestos abatement project, means an indivi dual responsible for: (i) Oversight or contracting; orAIR QUALITY

26.11.23.03

26.11.23 Page 3 Effective as of May 16, 2011 (ii) Directing the work of others involved in school asbestos abatement projects. (b) "Supervisor", for a public and commercial asbestos abatement project, means an individual responsible for: (i) Oversight or contracting; or (ii) Directing the work of others involved in public and commercial building asbestos abatement projects. (22) "Worker" means an individual who engages in an asbestos abatement project in a: (a) School building; or (b) Public and commercial building.

.02 Applicability. A. Regulations .03—.09 and .15 of this chapter apply to individuals intending to engage in asbestos occupations in Maryland schools.

B. Regulations .03—.07, .09, and .15 of this chapter apply to individuals engaging in asbestos occupations in public and commercial buildings.
C. Regulations .10—.14 of this chapter apply to a person applying for approval of training courses for asbestos occupations.

D. This chapter does not apply to an individual engaged in these inspection activities: (1) Periodic surveillance of the type described in 40 CFR §763.92( b) (1997) solely for the purpose of recording or reporting a change in the condition of known or assumed ACBM; (2) Inspections performed by employees or agents of federal, State, or local governments solely for the purpose of determining compliance with applicable statutes or regulations; or (3) Visual inspections of the type described in 40 CFR §763.90(i) (1997) solely for the purpose of determining completion of response actions.

E. This chapter does not apply to an individual engaged in: (1) Operations, maintenance, and repair as described in 40 CFR Part 763 (1997), Appendix B to Subpart E—Work Practices and Engineering Controls for Small-Scale, Short- Duration Operations Maintenance and Repair (O&M) Activities involving ACM; or (2) Small-Scale, short-duration activities as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan.

F. If a requirement of COMAR 26.11.21 conflicts with a provisio n of this chapter, the requirement in this chapter takes precedence.

.03 Accreditation. A. An individual may not engage in an asbestos occupation involving any school project or public and commercial building asbestos project without accreditation from the Department.

B. The Department shall accredit an individual in an asbestos occupation upon submittal of proo f that the individual has: (1) Successfully completed an y one of the following: (a) An initial training course and any required review course approved by the Department as specified in Regulations .04—.09 of this chapter, (b) An initial training course and any required review course as specified in Regulation .04A—B of this chapter, approved by the U.S. EPA for asbestos occupation accreditation, (c) Acquire d and maintained cu rrent accreditation from an EPA-approved accreditation plan of another state; and (2) Complied with all other requirements in this chapter.
C. Photo Identification Card. (1) Each individual accredited to engage in an asbestos occupatio n shall carry, while engaged in the asbestos occupation, a photo identification card issued by the training provider or by a state with an EPA-appr oved Model Accreditation Plan.DEPARTMENT OF THE ENVIRONMENT 26.11.23.04

26.11.23 Page 4 Effective as of May 16, 2011 (2) For applicants who were not issued a photo identification card, the Department will provide the photo identification card if the applicant: (a) Has a certificate issued by a training provider, as described in §B(1)(b) and (c) of this regulation; and (b) Pays by cash, money order, certified check, or cashier's check a processing fee of $25 made payable to the Maryland Clean Air Fund.

D. Accreditation is valid only for the asbestos occupations for which the candidate qualifies.

.04 General Training Requirements for Accreditation Applicants. A. Course Instruction Time. (1) An applicant for initial accreditation shall have completed the following mi nimum hours of course instruction time, not including lunch and breaks: (a) Worker—28 hours (4 days); (b) Contractor/supervisor—35 hours (5 days); (c) Inspector—21 hours (3 days); (d) Management planner—35 hours (5 days), including 21 hours for inspector; (e) Project designer—21 hours (3 days). (2) An applicant for renewal of accreditation shall have comp leted the following hours of course instruction time: (a) Worker, contractor/supervisor, and project designer—7 hours, ex cluding breaks and meal; (b) Inspector—4 hours excluding breaks and meal; and (c) Management planner—4 hours plus successful completion of an inspector's review course.

B. An applicant for accreditation or renewal of accreditation shall have passed an examination administered by the training course provider with a scor e of at least 70 percent.

.05 Worker Training Course Requirements. A. The worker's training course shall include lectures, demonstrations, individual respirator fit testing, course review, an examination, and at least 14 hours of hands-on training which allows a worker the experience of performing actual tasks associated with asbestos abatement.

B. The worker's training course shall adequately address the trai ning topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 1. Workers.(a) Physical characteristics of asbestos through (k) Course review, which is incorporated by reference.
C. The training course shall also comply with the requirements of 29 CFR §§1926.1101 and 1910.134, which are incorporated by reference.

.06 Contractor/Supervisor Trai ning Course Requirements. A. The contractor/supervisor's training course shall include lecture, demonstrations, individual respirator fit testing, course review, written examination, and at least 14 hours of hands-on training which allows contractors and supervisors the experience of performing actual tasks associat ed with asbestos abatement.

B. The contractor/supervisor's training course shall adequately a ddress the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Mode l Accreditation Plan, I. B. Initial Training: 2. Contractor/Supervisors.(a) The physical characteristics of asbestos and asbestos-containing materials through (o) Course review, which is incorporated by reference.
C. The training course shall also comply with the requirements of 29 CFR §§1926.1101 and 1910.134, which are incorporated by reference.

.07 Inspector Training Course Requirements. A. The inspector's training course shall include lectures, demonstrations, 4 hours of hands-on training, individual respirator fit testing, course review, and a written examination.AIR QUALITY

26.11.23.10

26.11.23 Page 5 Effective as of May 16, 2011 B. The inspector's training course shall adequately address the tr aining topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation Plan, I. B. Initial Training: 3. Inspector.(a) Background information on asbestos through (n) Course review, which is incorporated by reference.

.08 Management Planner Training Course Requirements. A. Management planners seeking accreditati on shall successfully complete an inspection training course as outlined in Regulation .07 of this chapter, and the 2-day management planner training course. The training program shall include lectures, demonstrations, course review, and a written examination.

B. The management planner's training course shall adequately a ddress the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbe stos Model Accreditation Plan, I. B. Initial Training: 4. Management Planner.(a) Course overview through (l) Course review, which is incorporated by reference.

.09 Project Designer Training Course Requirements. A. The project designer's training course shall include lectur es, demonstration, a field trip , course review, and a written examination.

B. The abatement project designer's training cour se shall adequately address the training topics as described in 40 CFR Part 763 (1997), Appendix C to Subpart E—Asbestos Model Accred itation Plan, I. B. Initial Training: 5. Project Designer.(a) Background information on asbestos through (t) Course Review, which is incorporated by reference.

.10 Training Course Application. A. A person shall apply for approval of a training course, on forms provided by the Department, by providing the following information: (1) For an initial course: (a) Training provider's name, address, and phone number; (b) A list of states that curre ntly approve the course; (c) A narrative explanation that clearly in dicates how the course meets the requi rements for approval in the following

areas: (i) Length of training in hours, (ii) Amount and type of hands-on training, (iii) Examinations (length, format, and passing score), (iv) Topics covered in the course and approximate time allotted to each topic, (v) A detailed statement describing development of the final examination, assurances about examination security, and how examinations are administered, (vi) A copy of course materials (student manuals, instructor notebooks, examinations, handouts, etc.), (vii) Teacher-student ratio, (viii) Names and qualifications of course instructors, (ix) List of topics each instructor will teach, (x) List of audiovisual materials, (xi) A detailed description of the amount and type of hands-on training, and (xii) A description and example of the numbered certificate issued to students who attend and pass the course; (2) For a review course: (a) Training provider's name, address, and phone number; (b) A list of states that curre ntly approve the course; (c) The course information:DEPARTMENT OF THE ENVIRONMENT 26.11.23.11

26.11.23 Page 6 Effective as of May 16, 2011 (i) Length of training in hours, (ii) Topics covered in the course and approximate time allotted to each topic, (iii) A copy of all course materials, including examinations, (iv) Names and qualifications of course instructors, (v) Examinations (length, format, and passing score), (vi) A detailed statement describing development of the final examination, assurances abou t examination security, and how examinations are administered, and (vii) A description and an example of the numbered certificate issued to stude nts who attend and pass the course; (3) A detailed statement describing procedures for keeping blank photo identification cards secure, issuing the cards, and procedures for returning voided and unused cards.

B. Except for training providers in §C of this regulation, an ap plicant shall pay by certified chec k, cashier’s check, or money order an annual fee of $200 fo r each day of a training course, or portion of a training course, for each initial and review tra ining course for which an applicant s eeks approval, including renewals.
C. The following need not pay the fee in §B of this regulation: (1) Public schools; (2) Maryland School for the Deaf; (3) Department of Health and Mental Hygiene schools; (4) Department of Juvenile Services schools; and (5) Department of the Environment.

D. A person shall apply for approval of an initial worker or work er review course to be conducted in a foreign language by: (1) Following the requirements of §§A and B of this regulation; (2) Providing a copy of all course materials (such as student manuals, instructor notebooks, and handouts) and examinations which have been translated into the language for which approval is sought; and (3) Providing written assurance that the translation of the cour se materials and the examination have been checked for accuracy.

.11 Training Course Provider Requirements. A. The training course provider shall satisfy all applicable requirements of Regulations .04—.10 of this chapter.

B. The training provider shall administer a closed-book written examination approved by the Department for each asbestos occupation, which: (1) Contains the following number of multiple-choice questions: (a) Initial course requirements: (i) 50 questions for the worker, inspector, and management planner; and (ii) 100 questions for contractor/supervisor and project designer; (b) Review course requirement: At least 25 multiple-choice questions adequately covering the review topics; (2 ) Adequately covers the topics required for the asbestos occupa tion for which training has been provided, as referenced in Regulations .05B, .06B, .07B, .08B, and .09B of this chapter; and (3) Requires a passing score of at least 70 percent for all asbestos occupations.
C. The training provider shall issue to each student successfully completing the training course a photo identification card, provided by the Department, with the following information: (1) Type of training course; (2) The student's color photo, name, and signature;AIR QUALITY

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26.11.23 Page 7 Effective as of May 16, 2011 (3) Identification number unique to that student; (4) Name, address, and phone number of the training provider; (5) Date of training and expiration date of training; (6) Date of exam; (7) Maryland course approval number; and (8) Name and original signature of training course director.

D. Except for signatures, all information on the photo identif ication cards is to be typed or printed by machine.

E. The training provider shall provide students with an opportunity to complete course evaluations on forms provided or approved by the Department.

F. A training provider shall provide to the Department a schedule of dates on and locations at which training will be conducted and: (1) Ensure that the Department receives this schedule at least 10 days before the course is offered; and (2) Provide as promptly as possible to the Department, any changes to the schedule.
G. A training provider shall display the training provider approval and course approval certificates in a conspicuous place readily accessible to the public.

H. Before making any changes in topics covered, course materials, or instructors, a training provider shall submit the proposed changes to the Department for approval.

I. A training provider shall permit the Department representatives to attend, evaluate, and monitor any training course. Department representatives may or may not provide notice of attendance.

J. A training provider shall: (1) Maintain lists of students trained, the dates on which training occurred, instructor names, proctor names, training locations, and students' test scores, and copies of completed photo identification cards; and (2) Send the information in §J(1) of this regulation, on a form provided by the Department, along with a color photo of each trainee, to the Department within 10 working days of completion of the course.

K. A training provider shall comply with the record-keeping requirements as enumerated in 40 CFR Part 763 (1997) Appendix C to Subpart E—Asbestos Model Accreditation Plan, which is incorporated by reference.

L. Retain records in §J of this regulation, for 3 years, and provide access to these records to the Department.

.12 Action on an Applicatio n for Course Approval. A. The Department will acknowledge receipt of an application within 10 working days after receiving the application.

B. The Department will act on an application within 90 days after the training provider has met all requirements and paid any required fee.
C. Approval. (1) The Department will approve a training course if the training provider: (a) Demonstrates the ability to satisfy the requirements in Regulations .04—.11 of this chapter by: (i) Submitting course materials as described in Regulation .10 of this chapter on forms provided by the Department, (ii) Employing instructors having academic credentials or field experience in th e topic or topics they teach, and (iii) Em ploying instructors who are fluent in the foreign language they are teachin g in addition to the requirements in §C(1)(a)(ii) of this regulation; (b) Pays the appropriate fee or fees as direct ed in Regulation .10B of this chapter. (2) The Department will issue a training provider approval certif icate for each course for which approval is sought after written submittals are approved.DEPARTMENT OF THE ENVIRONMENT 26.11.23.13

26.11.23 Page 8 Effective as of May 16, 2011 (3) The Department will issue a course approv al certificate after a successful on-site audit for all or part of the training course. Videotapes may substitute for the on-site audit at the discretion of the Department.

D. Denial. (1) The Department will deny an application if it determines that the applicant has not demonstrated an ability to comply fully with the applicable requirements, procedures, and standards established by the: (a) Department in this chapter; (b) U.S. Environmental Protection Agency in 40 CFR 763, which is incorporated by reference; and (c) Maryland Occupational Safety and Health in 29 CFR §§1926.1101 and 1910.134 (1997), 63 FR 1152 (January 8, 1998), which are incorporated by reference. (2) The Department will send the denial of an application by certified mail. The applicant ma y request a hearing within 10 days after receipt of the certified mail. If it receives a timely request, the Depart ment will hold a hearing in accordance wit h State Government Article, § 10-201 et seq., Annotated Code of Maryland. (3) The Department may not refund the application fee if an application is denied.

.13 Duration, Renewal, and Transfer of Training Approval. A. Unless the Department revokes or suspends training course approval, a training course shall remain approved for 1 year from the date of approval.

B. The Department may renew training approval annually if a training provider: (1) Submits a completed application for renewal on forms provided by the Department not sooner than 90 days and not later than 30 days before approval expires; and (2) Pays to the Department, by certified check, cashier's check, or money order, made payable to the Maryland Clean Air Fund, the appropriate application fee as described in Regulation .10B of this chapter.
C. Training provider approval certifi cates are valid for 1 year from the date of approval for a training course, and may be renewed.

D. Training course approval certificates are valid for 1 year from the date of the successful on-site or videotape audit, and may be renewed.

E. The Department may not process an application unless it is accomp anied by the appropriate fee.

F. Fees are nonrefundable.
G. Receipt and deposit of fees submitted with applications do not in any way i ndicate approval of a training course application.

H. Training provider and training cour se approvals are not transferable.

.14 Suspension or Revocation of A pproval of a Training Course. A. The Secretary may suspend or revoke approval of any approved training course if the training provider, instructors, or courses no longer meet the standards esta blished by the Secretary and found in this chapter, and for any of the following: (1) Misrepresentation of a training course's approval by another state or the EPA; (2) Failure to submit any notifications required by this chapter in a timely manner; (3) Failure to maintain records as required by this chapter; or (4) Falsification of acc reditation reco rds, instructor qualifications, or other accreditation information.

B. The Department will send notice of the revocation or suspension of an approved training course to the training provider by certified mail. The training prov ider may request a hearing within 10 days af ter receipt of the certified mail. If the Departme nt receives a timely request, the Department will hold a hearing in accordance with Stat e Government Article, §10-201 et seq., Annotated Code of Maryland.AIR QUALITY

26.11.23.15

26.11.23 Page 9 Effective as of May 16, 2011 .15 Decertification Procedures for Accredited Individuals. A. The Secretary may revoke or suspend the accreditation of an individual accredited as an in spector, management planner, project designer, worker, or abatement contractor/supervisor if the accredited individual: (1) Fraudulently or deceptively obtains, uses, or attempts to obtain accreditation for the person or another; (2) Fails at any time to meet the qualifications for accreditation, or any requirement, procedure, or standard established by the Department in this chapter; (3) Fails to perform an activity which the ac credited individual represented was done; (4) Performs an activity for which the individual is not accredited; (5) Fails to exercise the standard of care ex pected of an accredited indi vidual in the conduct of a school asbestos project or public and commercial building asbestos project; (6) Violates any rule, regulatory order, permit, or certificate issued or adopted by the Department; (7) Is guilty of incompetence or misconduct; (8) Performs an activity at a jobsite, requiring accreditation, without being in physical possession of current and initial accreditation certificates; or (9) Obtains accreditation for an asbestos occupation from a training provider not approved by either the EPA or a state with an EPA-approved MAP to provide training in that particular asbestos occupation.

B. The Department will send notice of the revo cation or suspension of a person's accred itation to the person by certified mail. The person may request a hearing within 10 days after receipt of the certified mail. If the Department receives a timely reques t, the Department will hold a hearing in acco rdance with Environment Article, §10-201 et seq., Annotated Code of Maryland.

Administrative History

Effective date: September 16, 1991 (18:18 Md. R. 2009)

Chapter revised effective August 24, 1998 (25:17 Md. R. 1363) Regulation .05C amended effectiv e May 16, 2011 (38:10 Md. R. 617) Regulation .06C amended effectiv e May 16, 2011 (38:10 Md. R. 617) Regulation .10B amended effectiv e May 16, 2011 (38:10 Md. R. 617) Regulation .11E amended effective May 16, 2011 (38:10 Md. R. 617)

### This Page Intentionally Left Blank26.11.24 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 24 Stage II Vapor Recovery at Gasoline Dispensing Facilities

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, A nnotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "Approved Stage II vapor recovery system (approved system)" means: (a) A properly installed Stage II vapor recovery system for which CARB issued an Executive Order certifying the system using procedures in effect in California before April 1, 2001; or (b) A system approved by the Department that involves certifica tion procedures comparable to or similar to the certification procedures used by CARB and in effect in California before April 1, 2001. (2) "CARB" means the California Air Resources Board. (2-1) "Certified Inspector" means an inspector that has been trained and certified in the Department's requirements for gasoline storage tanks and vapor recovery sy stems in accordance with COMAR 26.10.06.04. (3) "Defective equipment" means the absence, disconnection, or malfunctioning of an approved system or part of an approved system, including: (a) A vapor return line that is crimped, flattened, blocked, or that has any hole or slit from which vapors may leak; (b) A nozzle bellows that has any hole through which a 1/4 inch diameter cylindrical rod will pass, or any slit 1 inch or more in length; (c) A nozzle faceplate or facecone that has 25 perc ent or more of its surface torn or missing; (d) A nozzle without an automatic overfill control mechanism or with an inoperable overfill control mechanism; (e) A nozzle without a vapor check valve or wi th a malfunctioning vapor check valve; (f) Any underground equipment that is not vapor tight or any equipment that has obstructions prohibiting the flow of vapor; and (g) A missing, inoperable, or malfunctioning vapor processing unit, vacuum generating device, pressure or vacuum relief valve, vapor check valve, or any other component of an approved system. (4) "Existing gasoline dispensing facility" means any gasoline dispensing facility that is not a "new gasoline dispensing facility" as defined in this regulation. (5) "Facecone" means a component of a nozzle, located at the end of the flexible cone, that allows gasoline vapors to be collected. (6) "Faceplate" means a component of a nozzle, located at the end of the nozzle bello ws, that provides the vapor seal when gasoline is dispensed into a motor vehicle. (7) "Gasoline dispensing facility" means a site with equipment that is used to transfer gasoline from one or more stationary storage tanks into motor vehicle fuel tanks. (8) "Independent small business gasoline marketer" means an independent small business marketer of gasoline, as defined in §324 (Vapor Recovery for Small Business Marketers of Petroleum Products) of the Federal Clean Air Act. (9) "Monthly gasoline throughput" means the average monthly amount of gasoline dispensed at a gasoline dispensing facility excluding any time period when the facility was shut down. (9-1) "Motor vehicle" means a vehicle regist ered with the Maryland Motor Vehicle Administration or the equivalent agency of another state.DEPARTMENT OF THE ENVIRONMENT 26.11.24.01

26.11.24 Page 2 Effective as of November 12, 2010 (10) "New gasoline dispensing facility" means a gasoline dispensing facility for which the Department issued or issues a permit to construct after November 15, 1990, except for a gaso line dispensing facility at which only the gasoline storage tanks were or are replaced. (11) "Nozzle" means the spout at the end of the gasoline hose used to dispense and control the flow of gasoline from a stationary gasoline storage tank into motor vehicle fuel tanks. (12) "Nozzle bellows" means a flexible component of a nozzle that is compressed to establish a seal between the nozzle faceplate and filler neck of the motor vehicle fuel tank. (13) "Operator" means a dealer or other person who is responsible for the daily operation and maintenance of a gasoline dispensing facility and who is subject to the inspection, training, and reporting requirements of this chapter. (14) "Owner" means the person who owns a gasoline dispensing facility and who is responsible for the installation requirements, initial compliance, and periodic testing of an approved system. (15) "Stage II vapor recovery system" means a system at a gasoline dispensing facility that is designed, installed, and used to collect, recover, or destroy gasoline vapors displaced when gasoline is dispensed from a stationary gasoline storage tank in to motor vehicle fuel tanks. (16) "Tag out of service" means to place out of service by use of a conspicuously located tag or sign on a nozzle that prohibits the use of any nozzle asso ciated with defective equipment. (17) "Vapor assist system—Type 1" means a Stag e II vapor recovery system that uses: (a) A mechanical device and the flow of gasoline to generate a vacuum, the magnitude of which is related to the volume of gasoline; or (b) An electromechanical device which coll ects gasoline vapors displaced when gaso line is dispensed from a stationary storage tank into motor vehicle fuel tanks. (18) "Vapor assist system—Type 2" means a Stage II vapor recovery system that pr ovides vacuum from a centrally located pump for all gasoline dispensers at the facility and is initiated by a trigger in the nozzle. This system is referred to as the "Healy System". (19) "Vapor balance system" means a Stage II va por recovery system that uses the pressure generated in a vehicle tank by incoming fuel and the negative pressure in the gasoline storage tank to recover vapors displaced when gasoline is dispensed fro m a stationary storage tank into motor vehicle fuel tanks. (20) "Vapor recovery system" means a Stage II vapor recovery system at a gasoline dispensing facility and a Stage I vapor recovery system on a gasoline storage tank.

.01-1 Incorporation by Reference. A. In this chapter, the following CARB approved test methods are incorporated by reference.

B. Test Methods Incorporated. (1) Vapor Recovery Test Procedure TP-201.3 Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, amended March 17, 1999. (2) Vapor Recovery Test Procedure TP-201.5 Determination (By Volume Meter) of Air to Liquid Volume Ratio of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996. (3) Vapor Recovery Test Procedures TP-201.4 Determination of Dynamic Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, amended April 28, 2000. (4) Executive Order G-70-186, Exhibit 4, Vapor Return Line Vacuum Integrity Test for the Healy Model 400 ORVR System. (5) Exec utive Order G-70-165, Exhibit 4, Vapor Return Line Vacuum Integrity Test for the Healy Model 600 System.

.02 Applicability, Exemption s, and Effective Date. A. This chapter applies in Baltimore City and Anne Arundel, Baltimo re, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties.AIR QUALITY

26.11.24.03

26.11.24 Page 3 Effective as of November 12, 2010 B. A gasoline dispensing facility exempted under §C of this regu lation is subject only to the record-keeping and reporting requirements of Regulation .07D of this chapter.
C. The provisions of this chapter do not apply to: (1) The owner or operator of an existing gasoline dispensi ng facility whose average monthly gasoline throughput during calendar years 1990 and 1991 was less than 10,000 gallons; (2) The owner or operator of any new gasoline dispensing facility that has a total gasoline storage tank capacity of less than 2,000 gallons; or (3) An existing independent small business gasoline marketer whose average monthly gasoline throughput during calendar years 1990 and 1991 was less than 50,000 gallons.

D. If a person purchases a gasoline dispensing facility equipped w ith an approved system, the new owner or operator shall continue to operate the approved system unless the average monthly gasoline through put during any calendar year after the purchase is less than 10,000 gallons.

E. If a person purchases a gasoline dispensing facility that excee ded the 1990—1991 applicability thresholds in §C of this regulation but was not equipped with an approved system, the ne w owner or operator shall install an approved system if the average monthly gasoline throughpu t for the calendar year before the purchase exceeded 10,000 gallons or 50,000 gallons per month as applicable.

F. An owner or operator of a gasoline dispensing facility shall in stall and operate an approved system within 1 year after any calendar year in which the average monthly gasoline throughput at the facility during the calendar year exceeds 50,000 gallons per month for existing independent small business gasoline marketers, or 10,000 gallons per month for other existing gasoline dispensing facilities. The owner and operator of these facilities are subject to all ap plicable requirements of this chapter.

.03 General Requirements. A. New Gasoline Dispensing Facilities. After May 15, 1993, an ow ner or operator of a new gasoline dispensing facility may not operate the gasoline dispensing facility unless it is equipped and operated with an approved system.

B. Existing Gasoline Dispensing Facilities. Except as provided in §C of this regulation, an owner or operator of an existing gasoline dispensing facility may not operate that gasoline dispen sing facility after the following dates, unless it is equipped and operated with an approved system: (1) November 15, 1993, if the monthly gasoline throughput during calendar years 1990 and 1991 was 100,000 gallons or
more; or (2) November 15, 1994, if the monthly gasoline throughput during calendar years 1990 and 1991 was less than 100,000 gallons.
C. Existing Independent Small Business Gasoline Marketers. After the dates listed below, an existing independent small business gasoline marketer may not operate a gasoline dispensing facility unless it is equipped and operated with an approved system: (1) November 15, 1994, for an independent small busines s gasoline marketer with one or two facilities; or (2) November 15, 1995, for an independent small business gasoline ma rketer with three or more facilities, if at least 1/3 of the facilities are equipped and operated with an approved system by November 15, 1993 and at least 2/3 of the facilities are equipped and operated with an approved system by November 15, 1994.

D. If an owner of an existing gasoline dispensing facility subject to this chapte r replaces a gasoline storage tank after November 15, 1990, the owner shall install all underground piping required by this chapter and perform a leak and liquid blockage test.

E. After the applicable dates established in §§A—C of this regula tio n, an operator may not use or allow the use of defective equipment associated with the transfer of gasoline from a stationary gasoline storage tank to motor vehicle fuel tanks.

F. The operator may not install or use a replacement part in an approved system unless that part has been certified by CARB or approved by the Department for the approved system.DEPARTMENT OF THE ENVIRONMENT 26.11.24.04

26.11.24 Page 4 Effective as of November 12, 2010 G. The owner shall ensure that all underground piping is installed in accordance with the Department's requirements related to underground storage tanks, which are set forth in COMAR 26.10.03.

H. Gasoline storage tanks serving a gasoline dispensing facility that is subject to this chapter shall be equipped with a properly designed and installed pressure and vacuum valve with mini mum pressure and vacuum settings as specified in the CARB Executive Order for that system.

I. If an approved system is certified under more than one Ex ecutive Order, the most recent Executive Order shall apply.

.04 Testing Requirements. A. Except as provided in §§E and F of this regulation, an owner subject to this chapter shall perform the following CARBapproved tests. (1) A leak test in accordance with the Vapor Recovery Test Procedure TP -201.3 referenced in Regulation .01-1B(1) of this chapter; (2) An air to liquid volume ratio test in accordance with the Vapor Recovery Test Procedure TP-201.5 referenced in Regulation .01-1B(2) of this chapter. (3) A dynamic pressure performance test in accordance with the Vapor Recovery Test Procedure TP-201.4 referenced in Regulation .01-1B(3) of this chapter; (4) A vapor return line vacuum in tegrity test for the Healy Model 400 ORVR System in accordance with Executive Order G-70-186, Exhibit 4 referenced in Regulation .01-1B(4) of this chapter; and (5) A vapor return line vacuum integrity te st for the Healy Model 600 System in accordance with Exec utive Order G-70- 165 Exhibit 4 referenced in Regulation .01-1B(5) of this chapter.

B. The leak and liquid blockage tests required in §A of this regulation shall be performed on each approved system before the gasoline dispensing facility is initially used to refuel motor ve hicles, or by the applicable dates in Regulation .03 of this c hapter, whichever occurs later.
C. Stage II Vapor Recovery System. (1) An owner of a Stage II vapor recovery system subject to this chapter shall repeat the required tests: (a) In accordance with the test schedule in §C(2) of this regulation; and (b) Upon replacement of 75 percent or more of an approved system. (2) Test Schedule. Type of Stage II Vapor Recovery System Initial Test Frequency of Retest

(a) Vapor Balance System Dynamic Back Pressure 12 months Leak Test 12 months Liquid Blockage Test 5 years

(b) Vapor Assist System—Type 1 Air to Liquid Ratio Test 12 months Leak Test 12 months Liquid Blockage Test 5 years (c) Vapor Assist System—Type 2 Model 400 Nozzle Regulation Test 12 months Vapor Return Leak Tightness Test 12 months (d) Vapor Assist System—Type 2 Model 600 Air to Liquid Ratio Test 12 months Vapor Return Line Vacuum Integrity Test 12 months

D. If a gasoline dispensing facility fails any test required by this ch apter, the owner shall notify the Department of the failure in writing within 5 working days after the test and before retesting.

E. Alternative test methods approved by CARB ma y be used in place of the test methods sp ecified in §A of this regulation, if the alternative test methods are approved by the U.S. Environmental Protection Agency (EPA) as a revision to the State Implementation Plan, which is Maryland's plan for meeting the National Ambient Air Quality Standards.AIR QUALITY

26.11.24.06

26.11.24 Page 5 Effective as of November 12, 2010 F. Test methods and the frequency of testing required by this regulation may be modified for vapor assist systems, if the test methods and testing frequency are approved by the Department and the EPA.

.05 Inspection Requirements. A. An operator subject to this chapter shall ensure that each approved system is insp ected at least once each day of operation to verify that it is working properly.

B. Except as provided in §C of this regulation, the Department sh all consider an operator of a gasoline dispensing facility to be in violation of Regulation .03E of this chapter during any period of time that the facility is operated while there is defectiv e equipment at the facility.
C. The operator is not in violation of Regulation .03E of this chapter during any period of time for which the operator establishes, to the satisfaction of the Department, that nozzles associated with defective equipment were tagged out of service and that no nozzle associated with the defective equipment was actually used.

D. For defective equipment that was identified by the Department, the operator shall inform the Department by telephone within 72 hours af ter the repair or replacement of the defective equipment.

.05-1 Inspections by a Certified Inspector. A. Operator Requirements. (1) A person that operates a gasoline dispensing facility or a ga soline storage tank with a vapor recovery system shall ensure that a certified inspector pe rforms an inspection of each vapor recovery system. (2) Each vapor recovery system shall be inspected by a certif ied inspector in accordance with the schedules set forth in COMAR 26.10.03.10.

B. Inspection Requirements. (1) The certified inspector shall inspect each vapor recovery system to confirm that: (a) All the necessary equipment has been installed; (b) The equipment is functioning properly; and (c) There is no defective equipment in use. (2) The certified inspector shall review the facility files to confirm that: (a) All testing required by this chapter has been completed; (b) The operator has performed daily inspections of the Stage II equipment; (c) The records required by this chapter are complete and maintained onsite; and (d) All other requirements of this chapter are being met. (3) The certified inspector shall complete an inspection form provided by the Department and submit the completed form to the Department within 30 days after completing the inspection.

.06 Training Requirements for Operation a nd Maintenance of Approved Systems. A. General. An operator shall ensure that: (1) At least one employee at each facility subject to this regulatio n is trained in accordance with the requirements of §B of this regulation; and (2) Th e trained employee assists in the training of each of the other employees at that facility who are involved in the operation or maintenance of the approved system.

B. Approved Training Course Contents and Duration. (1) An approved training course shall contain, at a minimum, a discussion of the following: (a) Purposes and effects of Stage II vapor recovery; (b) Stage II vapor recovery equipment design, function, operation, and maintenance;DEPARTMENT OF THE ENVIRONMENT 26.11.24.07

26.11.24 Page 6 Effective as of November 12, 2010 (c) Daily inspection requirements and development and maintenance of records and files; and (d) Equipment warranties and spare parts. (2) The approved training co urse shall be of a duration sufficient to properly train persons in the requirements of this chapter.

.07 Record-Keeping and Reporting Requirements. A. An operator subject to this chapter shall creat e and maintain a record file at the facility.

B. The record file shall contain copies of all test reports, permits, violation notices, correspondence with the Department, equipment maintenance records, training records, and other inform ation pertinent to the requirements of this chapter. Verificat ion of training shall be maintained in the facility file. Equipment maintenance records required under this chapter shall be mainta ined for at least 2 years. All other records sh all be maintained for at least 5 years.
C. The equipment maintenance records shall include: (1) The date on which defective equipment was found, a descrip tion of each defect, a descri ption of the corrective action and the date on which the defect was correct ed, and the probable cause of the defect; (2) If parts are replaced, the location within the approved system of the part, the part number, and assurance that the replacement part does not degrade th e efficiency of the system; and (3) Inspection reports and any other information relating to maintenance or care of the approved system.

D. An owner or operator of a gasoline dispen sing facility exempted according to Regula tion .02C of this chapter shall create and maintain records on gasoline throughput and tank sizes and make the records av ailable to the Department on request.

E. The following reporting requirements apply to any test required under this chapter: (1) The Department shall be notified 5 days before a test is to be conducted; (2) A test protocol shall be available at the test site during testing; (3) Copies of all test results shall be forwarded to the Department within 45 days of the test; and (4) Test failures shall be reported to the Department in writing within 5 days following the date of the failure.

.08 Instructional Signs. A. An operator who is subj ect to this chapter shall place instructional signs in conspicuous locations at each gasoline dispenser.

B. The instructional signs shall include: (1) Instructions, with illustrations, on how to insert the no zzle, dispense gasoline, and how to remove the nozzle; (2) A warning against attempts to continue refueling after automatic shut-off of the gasoline (that is, topping off); and (3) The Department's toll-free telephone number which may be us ed for complaints or comments concerning the use of Stage II vapor recovery systems.

.09 Sanctions. A. A person who violates any provision of this chapter is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each day of violation constitutes a separate v iolation. These sanctions in the Annotated Code of Maryland include: (1) Injunctive relief under Environment Article, §2-609; (2) Judicial penalties up to $25,000 per violation under Environment Article, §2-610; (3) Administrative penalties up to $2,500 per violation, limited to $50,000 per administrative action, under Environment Article, §2-610.1; and (4) Criminal penalties for knowing violations under Environment Article, §2-609.1.

B. After this chapter is approved by EPA as an amendment to the State Implemen tation Plan, a person who violates any provision of this chapter may be subject to federal enforcement action.AIR QUALITY

26.11.24.09

26.11.24 Page 7 Effective as of November 12, 2010 Administrative History

Effective date: February 15, 1993 (20:3 Md. R. 260)

Regulation .01B amended effective June 20, 1994 (21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); April 15, 2002 (29:7 Md. R. 623); January 29, 2007 (34:2 Md. R. 139) Regulation .01-1 adopted effective April 15, 2002 (29:7 Md. R. 623) Regulation .02 amended effective April 15, 2002 (29:7 Md. R. 623) Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 623) Regulation .04 amended effective April 15, 2002 (29:7 Md. R. 623); February 28, 2005 (32:4 Md. R. 411) Regulation .05-1 adopted effective January 29, 2007 (34:2 Md. R. 139) Regulation .07 amended effective April 15, 2002 (29:7 Md. R. 623) Regulation .07E amended effective February 28, 2005 (32:4 Md. R. 411)

### This Page Intentionally Left Blank26.11.25 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 25 Control of Glass Melting Furnaces

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. "All-electric melter" means a glass melting furnace in which all the heat required for melting is provided by electric current from electrodes submerged in the molten glass, although some fossil fuel may be charged to the furnace as raw material.

B. "Glass melting furnace" means a unit compri sing a refractory vessel in which raw ma terials are charged, melted at high temperature, refined, and conditioned to produce molten glass. The unit includes raw material charger systems, heat exchangers, melter cooling systems, exhaust system, fuel supply and electrical boosting equipment, integral control systems, and instrumentation and appendages for conditioning and distributing molten glass to forming apparatuses.
C. "Opal recipe" means raw material formulati on of the following approximate proportions: (1) 72 percent silica; (2) 15 percent soda; (3) 10 percent lime and magnesia; (4) 2 percent alumina; and (5) 1 percent miscellaneous materials.

.02 Applicability and Exemptions. A. The requirements of this chapter do no t apply to frit manufacturing furnaces, flat glass furnaces, and all-electric melters.

B. Any installation or 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 a general emission standard in COMAR 26.11.06.01—.09, this chapter takes precedence.
C. This regulation applies only in Areas III and IV.

.03 Visible Emissions from Glass Melting Furnaces. A. General Requirements. (1) A person may not cause or permit the discharge of emissions of greater than 20 percent opacity from a glass melting furnace. (2) A person may not cause or permit the discharge of fugitive emissions of greater than 20 percent opacity from a building containing forming and post-forming equipment.

B. Exceptions. (1) The provisions of §A(1) and (2) of this regulation do not apply to emissions that occur during process modifications or adjustments and that are not greater than 40 percent opacity for a period of not more than 6 consecutive minutes in any 60 minutes. (2) A person who owns or operates a gas-fired installation subject to this chapter other than an opal recipe glass melting furnace is not eligible for a visible emission exceptio n under COMAR 26.11.06.02B for that installation.DEPARTMENT OF THE ENVIRONMENT 26.11.25.04

26.11.25 Page 2 Effective as of November 12, 2010 .04 Particulate Matter Emissions from Glass Melting Furnaces. A. General Requirements. A person may not cause or permit the discharge of particulate matter into the outdoor atmosphere from a glass melting furnace in excess of the amount determined using the following equation: (1) E = 5 + 0.48 (P)
where: E = maximum weight discharged per hour (pounds) P = process weight in tons per hour; or (2) E = 2.27 + 0.24 (P)
where: E = maximum weight discharged per hour (kilograms) P = process weight in megagrams per hour.

B. Exception. A person who owns or operates an opal recipe glass melting furnace with an interruptible gas service, as defined in COMAR 26.11.0 9.01C, may exceed the re quirements in Regulation .03A of this chapter and §A of this regulation when gas service is interrupted by the utility if maximum available elect ric boosting is used in conjunction with an alternative fuel.

Administrative History

Effective date: September 24, 1984 (11:17 Md. R. 1492)

Regulation .03B amended effectiv e July 2, 1985 (12:11 Md. R. 1050)

—————— Chapter recodified from COMAR 10.18.16 to COMAR 26.11.16

—————— Chapter recodified from COMAR 26.11.16 to COMAR 26.11.25 effective October 5, 1998 (25:20 Md. R. 1533)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 th e Clean Air Act (CAA), as amende d (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 projec ts which are developed, funded, or approved by the United States Department of Transportation (DOT), and by metropolitan planning organizations (MPOs) or other reci pients of funds under Title 23 U.S.C. or th e Federal Transit Laws (49 U.S.C. Chapter 53). This chapter sets forth policy, crite ria, 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 designat ed by the U.S. Environmental Protection Agen cy 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 signi ficant 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 administrativ e 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 organiza tion (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)," th e MPO for the Baltimore region, which includes Anne Arundel, Baltimore, Carroll, Harford, and Howard co unties and the cities of Baltimore and Annapolis;DEPARTMENT OF THE ENVIRONMENT 26.11.26.03

26.11.26 Page 2 Effective as of November 12, 2010 (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 offi cials 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 intermoda l Statewide transportation plan that is developed through the Statewide planning process fo r 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 changi ng 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 Fe deral 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 reso lution, and public consultation with each other and with divisional or regional offices of the EPA, Federal Highway Administration (FHWA), and Federal T ransit 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;AIR QUALITY

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26.11.26 Page 3 Effective as of November 12, 2010 (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 — Inte ragency Consultation Requirements. A. Consultation Process. (1) Representatives of the MPOs, RPOs, th e 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, an y 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 respec t 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 ot her 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 af ter 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 a t 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 re gulation 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, befor e taking any action, considering the views of each agency and resp onding to those views in a timel y, 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 fo r SIP tracking and conformity of transportation plans, TIPs, a nd projects; (2) Pr oviding transportation demand forecasting for development of on-road mobile source emissions inventories by the Department and MDOT;DEPARTMENT OF THE ENVIRONMENT 26.11.26.05

26.11.26 Page 4 Effective as of November 12, 2010 (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 polic y 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 pr ojects 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 project s 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-bui ld options are still being considered), including all plans by recipi ents of funds designated under 23 U.S.C or the Federal Transi t 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, evaluati ng whether projects otherwise exempted from meeting the requirements of 40 CFR §93.127 should be treated as nonexemp t 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 whethe r State and local agencies with influen ce 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 Depa rtment, determining what forecast of ve hicle 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 accordin g to the requirements of 40 CFR §93.122, as amended; (16) In cooperation with MDOT and the Department, consu lting with the FHWA and FT A 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) C onvening air quality technical review meetings on specific projects as needed or when requested by other agencies;AIR QUALITY

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26.11.26 Page 5 Effective as of November 12, 2010 (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 ar ea 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 mode l or models and associated methods and assumptions to be used in hot-spot analysis; (6) In cooperation with MDOT and MPOs, co nsulting 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 — Conf lict Resolution Associated wi th 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 matte r 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 conflic t cannot be resolved by the affected agency heads: (a) The Secretary of the Environment may el evate 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 provid ed 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 affect ed agency heads, the conflict ma y be resolved in a manner mutually agreed to by the parties involved.DEPARTMENT OF THE ENVIRONMENT 26.11.26.07

26.11.26 Page 6 Effective as of November 12, 2010 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 fo llowing procedures: (1) The Secretary of the Environment has 14 calendar days to appeal to the Govern or 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 confir med 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 determina tion 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 pro cess, but not to the agency he ad or staff of the MDE or MDOT.

D. This regulation does not prevent the State agencies and MPOs fr om 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 §9 3.105(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 transp ortation plans and TIPs, consistent with the requirements of 2 3 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 fo r 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 agreem ents 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, whic h is incorporated by reference. This regulation addresses and replaces the requirements at 40 CFR §93.151 for a revision to the Ma ryland State Implementation Plan.AIR QUALITY

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26.11.26 Page 7 Effective as of November 12, 2010 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)

### This Page Intentionally Left Blank26.11.27 Page 1 Effective as of July 08, 2013 

### Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY Chapter 27 Emission Limitations for Power Plants

Authority: Environmental Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-1003, 10-102, 10-103, and 10-1002, Annotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined. (1) "Affected facility" means any one of the following electric generating stations: (a) Brandon Shores; (b) C. P. Crane; (c) Chalk Point; (d) Dickerson; (e) H. A. Wagner; (f) Morgantown; and (g) R. P. Smith. (2) "Ozone season" means the period beginning May 1 of any given year and ending September 30 of the same year. (3) "System" means two or more electric ge nerating units subject to this chapter that are owned, operated, or controlled by the same person. (4) "12-month rolling average emission rate" means an average emission rate determined at the conclusion of each month by calculating: (a) For each hour that the unit is operatin g, the arithmetic average of all hourly emission rates for each operating day of a given calendar month to obtain a monthly average; and (b) The arithmetic monthly average, as determined in §B(4)(a) of this regulation, of the previous 12 calendar months.
.02 Applicability and Exemptions. A. This chapter applies to the following fossil-fuel fired electric generating units: (1) Brandon Shores Units 1 and 2; (2) C.P. Crane Units 1 and 2; (3) Chalk Point Units 1 and 2; (4) Dickerson Units 1, 2, and 3; (5) H.A. Wagner Units 2 and 3; (6) Morgantown Units 1 and 2; and (7) R. Paul Smith Units 3 and 4. B. Except as provided in Regulation .03B(7) of this chapter, compliance with this chapter may not be achieved by applying sulfur dioxide (SO 2 ), oxides of nitrogen (NO x ), or mercury allowances acquired under any state or federal emissions trading program. .03 General Requirements. A. An electric generating unit subject to this chapter shall comply with the emission limitations for NO x , SO 2 , and mercury as provided in this regulation.
B. NO x Emission Limitations.DEPARTMENT OF THE ENVIRONMENT 26.11.27.03

26.11.27 Page 2 Effective as of July 08, 2013 (1) Except as provided in §E of this regulation, annual NO x emissions from each affected electric generating unit may not exceed the number of tons in §B(2) of this regulation. (2) Annual Tonnage Limitations.

Affected Unit Annual NO x Tonnage Limitations Beginning January 1, 2009 January 1, 2012 Brandon Shores Unit 1 2,927 tons 2,414 tons Brandon Shores Unit 2 3,055 tons 2,519 tons
C.P. Crane Unit 1 832 tons 686 tons
C.P. Crane Unit 2 894 tons 737 tons Chalk Point Unit 1 1,415 tons 1,166 tons Chalk Point Unit 2 1,484 tons 1,223 tons
Dickerson Unit 1 672 tons 554 tons
Dickerson Unit 2 736 tons 607 tons
Dickerson Unit 3 698 tons 575 tons H.A. Wagner Unit 2 673 tons 555 tons H.A. Wagner Unit 3 1, 352 tons 1,115 tons Morgantown Unit 1 2,540 tons 2,094 tons Morgantown Unit 2 2,522 tons 2,079 tons
R. Paul Smith Unit 3 55 tons, effective September 1, 2012
R. Paul Smith Unit 4 288 t ons, effective September 1, 2012
Total 19,800 tons 16,667 tons

(3) Except as provided in §E of this regulation, ozone season NO x emissions from each affected electric generating unit may not exceed the number of tons in §B(4) of this regulation. (4) Ozone Season Tonnage Limitations.

Affected Unit Ozone Season NO x Tonnage Limitations Beginning May 1, 2009
Brandon Shores Unit 1 1,363 tons
Brandon Shores Unit 2 1,449 tons
C.P. Crane Unit 1 345 tons
C.P. Crane Unit 2 385 tons
Chalk Point Unit 1 611 tons
Chalk Point Unit 2 657 tons
Dickerson Unit 1 311 tons
Dickerson Unit 2 333 tons
Dickerson Unit 3 314 tons H.A. Wagner Unit 2 278 tons H.A. Wagner Unit 3 583 tons Morgantown Unit 1 1,053 tons Morgantown Unit 2 1,048 tons
Total 8,730 tonsAIR QUALITY

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26.11.27 Page 3 Effective as of July 08, 2013 (5) Except as provided in §§B(7) and E of this regulation, if after reviewing 2009 ozone season measured ozone levels at air monitoring stations located in Maryland, the Department determines that ozone levels in Maryland exceed the levels required to meet the National Ambient Air Quality Standard for ozone, commencing on May 1, 2012, ozone season NO x emissions from each affected electric generating unit may not exceed the number of tons in §B(6) of this regulation. (6) Ozone Season Tonnage Limitations.

Affected Unit Ozone Season NO x Tonnage Limitations Beginning May 1, 2012
Brandon Shores Unit 1 1,124 tons
Brandon Shores Unit 2 1,195 tons
C.P. Crane Unit 1 284 tons
C.P. Crane Unit 2 317 tons
Chalk Point Unit 1 503 tons
Chalk Point Unit 2 542 tons
Dickerson Unit 1 257 tons
Dickerson Unit 2 274 tons
Dickerson Unit 3 259 tons H.A. Wagner Unit 2 229 tons H.A. Wagner Unit 3 481 tons Morgantown Unit 1 868 tons Morgantown Unit 2 864 tons R. Paul Smith Unit 3 22 tons, effective September 1, 2012
R. Paul Smith Unit 4 118 tons , effective September 1, 2012
Total 7,337 tons (7) Electric System Reliability During Ozone Seasons. (a) An exceedance of the NO x limitations in §B(4) or (6) of this regulation which occurs because PJM Interconnection, LLC or a successor independent system operator, acts to invoke "Maximum Emergency Generation" , "Load Reduction", "Voltage Reduction", "Curtailment of Non-essential Building Load", or "Manual Load Dump" pr ocedures in accordance with the current PJM Manual, or a PJM alert preceding such action as to a generating unit that has temporarily shut down in order to avoid potential interruption in electric service and maintain electric sy stem reliability is not a violation of this chapter provided that: (i) Within 36 hours following the action, the owner or operat or of the affected electric generating unit or units notifies the Manager of the Air Quality Compliance Program of the action taken by PJM Interconnection and provides the Department with documentation of the action which is satisfactory to the Department; (ii) Within 48 hours after completion of the action, the owner or operator of th e affected unit or units provides the Department with the estimated NO x emissions in excess of the emission limitation; and (iii) Not later than December 31 of the y ear in which the emission limitation is exceeded, the owner or operator of the affected generating unit or units transfers to the Maryland Environmental Surrender Account, ozone season NO x allowances equivalent in number to the tons of NO x emitted in excess of the emission limitation in §B(4) or (6), as applicable. (b) The owner or operator of an electric generating unit or system, as applicable, shall send written notice to the Manager of the Air Quality Compliance Program not later than 5 business days following the day when the cumulative ozone season NO x emissions of an electric generating un it or system, as applicable, are: (i) Equal to approximately 80 percent of the applicable ozone season emission limitation; and (ii) Equal to the applicable ozone season emission limitation.
C. SO 2 Emission Limitations.DEPARTMENT OF THE ENVIRONMENT 26.11.27.04

26.11.27 Page 4 Effective as of July 08, 2013 (1) Except as provided in §E of this regulation, annual SO 2 emissions from each affected electric generating unit may not exceed the number of tons in §C(2) of this regulation. (2) Annual Tonnage Limitations.

Affected Unit Annual SO 2 Tonnage Limitations Beginning January 1, 2010 January 1, 2013 Brandon Shores Unit 1 7,041 tons 5,392 tons Brandon Shores Unit 2 7,347 tons 5,627 tons C.P. Crane Unit 1 2,000 tons 1,532 tons C.P. Crane Unit 2 2,149 tons 1,646 tons Chalk Point Unit 1 3,403 tons 2,606 tons Chalk Point Unit 2 3,568 tons 2,733 tons Dickerson Unit 1 1,616 tons 1,238 tons Dickerson Unit 2 1,770 tons 1,355 tons Dickerson Unit 3 1,678 tons 1,285 tons H.A. Wagner Unit 2 1,618 tons 1,239 tons H.A. Wagner Unit 3 3,252 tons 2,490 tons Morgantown Unit 1 6,108 tons 4,678 tons Morgantown Unit 2 6,066 tons 4,646 tons
R. Paul Smith Unit 3 124 t ons, effective September 1, 2012
R. Paul Smith Unit 4 644 t ons, effective September 1, 2012
Total 47,616 tons 37,235 tons

D. Mercury Emission Limitations. (1) For the 12-month period from Janua ry 1, 2010 through December 31, 2010 and endi ng with the 12-month period beginning December 1, 2012 through Novemb er 30, 2013, each affected facility shall meet a 12-month rolling average removal efficiency for mercury of at least 80 percent. (2) For the 12 months beginning January 1, 2013 and thereafter, each affected facility shall meet a 12-month rolling average removal efficiency for mercury of at least 90 percent. (3) The mercury removal efficiency required in §D(1) and (2) of th is regulation shall be determined in accordance with Regulation .04 of this chapter. E. System-Wide Compliance Determinations. (1) Compliance with the emission limitations in §§B and C of this regulation may be achieved by demonstrating that the total number of tons emitted from all electric generating units in a system does not exceed the sum of the tonnage limitations for all electric generating units in that system. (2) A system-wide compliance determination shall be based only upon emissions from units in Maryland that are subject to the emission limitations in §§B and C of this regulation. (3) If a unit that is part of a system is transferred to a diffe rent person that does not own, operate, lease, or control an affected unit subject to this chapter, the transferred unit sha ll meet the limitations in §§B and C of this regulation applicab le to that electric generating unit.
.04 Determining the Mercury Removal E fficiency for Affected Facilities. A. The procedures of §§B—F of this regulation shall be us ed to demonstrate compliance with the 12-month rolling average removal efficiency required for mercury by Regulation .03D of this chapter. The owner or operator of an affected facility shall notify the Department of the compliance demonstration method it has elected from §§D—F of this regulation on or beforeAIR QUALITY

26.11.27.04

26.11.27 Page 5 Effective as of July 08, 2013 January 1, 2010, for the compliance period that commences on that date and on or before January 1, 2013, for the compliance period that commences on that date. The owner or operator of an electric generating unit that elects to demonstrate compliance with the required mercury removal efficiency by meeting the mass emissions limitation in §F of this regulation shall utilize th at same method for all other electric generating units in the syst em. Once elected for each affected facility or system, as applic able, the option may not be changed during the designated compliance period, but may be changed for the next compliance period. B. Determining Mercury Content in Coal and Mercury Flue Ga s Emission Rates for Each Aff ected Electric Generating Unit. (1) The owner or operator of an electric generating unit subject to this regula tion shall, at least once each quarter during a consecutive 18-month period beginning not later than July 1, 2007: (a) Determine the mercury content of th e coal utilized by each a ffected unit using a test method approved by the Department; and (b) Conduct a combustion gas test to determine the mercury emission rate in the flue gas upstream of any pollution control measure, including fu el mercury beneficiation. (2) Combustion gas testing and collection of coal samples to de termine the mercury content in coal shall be performed on the same day or days. (3) The mercury emission rate in the flue gas shall be reported as ounces of mercury per trillion Btu heat input. (4) Combustion gas testing shall be performed using a test protocol approved by the Department. The test protocol shall be submitted to the Department at least 45 days prior to commencement of testing. (5) The owner or operator of an affected electr ic generating unit shall submit to the Department: (a) The results of tests to determine the mercury content of coal and mercury emission rate in the flue gas upon receipt; and (b) A demonstration that the combustion gas tests were perf ormed utilizing a coal with a mercury content within the same or lower range as the mercury content of the coal utilized by the electric generating unit during the previous 10 years. C. Determining the Uncontrolled Mercury Flue Gas Baseline for an Affected Facility. (1) The uncontrolled mercury emission rate in the flue gas of each electric generating unit subject to this chapter shall be determined as the arithmetic average of the quarterly combustion gas tests required by §B of this regulation expressed as ounce s per trillion Btu heat input. (2) The uncontrolled mercury baseline emission rate for an affected facility shall be determined as the heat input weighted average of the emission rates for the coal-fired electric genera ting units at the affected facility determined in accordance wi th §C(1) of this regulation. (3) The uncontrolled mercury baseline emission rate in §C(1) and (2) of this regulation shall be measured upstream of all pollution control measures, including fuel mercury beneficiation. D. Demonstrating Compliance By Measuring Mercury Removal Efficiency. Compliance with the required mercury removal efficiency is demonstrated at an affected facility when the heat input weighted average of the mercury emission rate of all coa lfired electric generating units at the affected f acility, calculated as a 12-month rolling average, is: (1) For the 12-month period commencing on January 1, 2010, not more than 20 percent of the uncontrolled mercury emission rate established pursuant to §C of this regulation; and (2) For the 12-month period commencing January 1, 2013 and thereafter, not more than 10 percent of the uncontrolled mercury emission rate established pursuant to §C of this regulation. E. Demonstrating Compliance by Meeting a Mercury Emission Rate. (1) Compliance with the required mercury removal efficiency is achieved for an affected facility when the heat input weighted average of the mercury emission rates of all coal-fire d electric generating units at the affected facility, measured a s a 12- month rolling average, does not exceed the applicable emission rate in §E(2) of this regulation.DEPARTMENT OF THE ENVIRONMENT 26.11.27.05

26.11.27 Page 6 Effective as of July 08, 2013 (2) Emission Rates.

Affected Facility Emission Limits Ounces per Tr illion Btu Heat Input Beginning January 1, 2010 January 1, 2013
Brandon Shores 21 10
C.P. Crane 37 18
Chalk Point 40 20
Dickerson 38 19 H.A. Wagner 25 12 Morgantown 27 14
R. Paul Smith 35 18

F. Demonstrating Compliance by Meeting a Mercury Mass Emission Cap. (1) Compliance with the required mercury removal efficiency is demonstrated at an affected facility when the mass emissions, measured in pounds for a 12-month rolling period, do not exceed the applicable emission limits in §F(2) of this regulation. (2) Mercury Emission Limits.

Affected Facility Emission Limits Pounds per Year Beginning January 1, 2010 January 1, 2013
Brandon Shores 94 46
C.P. Crane 26 13
Chalk Point 108 54
Dickerson 74 37 H.A. Wagner 68 33 Morgantown 127 66
R. Paul Smith 14 7

(3) In the event that an electric generatin g unit at an affected facility subject to this chapter permanently ceases operation, the mass emission limitation in §F(2) of this regulation which is a pplicable to that affected facility shall be reduced proport ionally based on the relative capacity, in megawatts, of all the electri c generating units at the affected facility which are subject t o this regulation. (4) In the event that an en tire affected facility within a system perman ently ceases operation, the total mass emission limitation in §F(2) of this regulation shall be reduced by th e mass emission limitation applicable to the affected facility. (5) Except during periods of startup, shutdown, malfunction, or maintenance, the owner or operator of an electric generating unit shall ensure that mercury control meas ures are continuously employ ed on each unit and properly adjusted for optimal contro l taking into consideration the operating conditions.
.05 Monitoring and Reporting Requirements. A. Compliance with the emission limitations in this chapter shall be demonstrated with a continuous emission monitoring system that is installed, operated, and ce rtified in accordance w ith 40 CFR Part 75. B. Beginning with calendar year 2007 and each year thereafter, the owner or operat or of each electric generating unit subject to this chapter shall submit an annual report to the Department, the Department of Natural Resources, and the Public Service Commission. The report for each calendar year shall be submitted not later th an March 1 of the following year. C. Each report shall include: (1) Emissions performance results related to compliance with the emission requirements under this chapter;AIR QUALITY

26.11.27.06

26.11.27 Page 7 Effective as of July 08, 2013 (2) Emissions of NO x and SO 2 , and beginning with calendar year 2010, mercury, emitted during the previous calendar year from each affected unit; (3) A current compliance plan; and (4) Any other information requested by the Department.
.06 Judicial Review of Penalty Waivers. A. Applicability. The provisions of this regulation govern judici al review of determinations by the Department to reduce or waive penalties for failure to achieve timel y compliance with this chap ter in accordance with Envi ronment Article, §2-1002(i)(3 ), Annotated Code of Maryland. B. Public Notice Requirements. (1) The Department shall provide public notice of a tentative determination to grant a request for reduction or waiver of penalties made in accordance with Environment Artic le, §2-1002(i)(2), Annotated Code of Maryland. (2) The public notice shall: (a) Be posted on the Department's website; (b) Published in a newspaper of general circulation in the ar ea in which the affected unit is located at least once a week for 2 consecutive weeks; and (c) Be sent by first class mail, postage prepaid, or electronic mail to all persons who have requested to be notified about any request for reduction or waiver of penalties submitted to the Department. (3) The public notice required by this regulation shall include the following information: (a) The Department's address and the name and telephon e number of a contact person for more information; (b) The name and address of the person re questing a waiver or reduction of penalties; (c) Identification and address of the affected unit for which the reduction or waiver is requested; (d) The name, address, and phone number of a person representing the applicant from whom an interested person may obtain additional information; (e) The location where the following information is available for public inspection: (i) The complete application for the reduction or waiver of penalties, except for information qualifying as confidential; (ii) The tentative determination; and (iii) Other supporting information cons idered relevant by the Department; (f) Notice of an opportunity for public comment on the Department's tentative determination for a period of at least 30 calendar days; and (g) Notice of the public participation procedures and ri ght to judicial review provided by this regulation.
C. Public Comment Period. (1) The Department shall provide at least 30 days for public comment on a tentative determination to grant a reduction or waiver of penalties during which time any person may submit written comments on the tentative determination. (2) The Department shall consider all comments that raise issues of law or material fact that are germane to the tentative determination.
D. Final Determination. (1) The Department shall prepare a final determination if: (a) The Department has received timely and germane written comme nts that are adverse to the tentative determination; or (b) The final determination is substantively different from the tentative determination. (2) If the Department is not required to prepare a final determination under §D(1) of this regulation, the tentative determination becomes the final determination when the request for reduction or waiver of penalties is granted.DEPARTMENT OF THE ENVIRONMENT 26.11.27.06

26.11.27 Page 8 Effective as of July 08, 2013 (3) Notice of the final determination shall be mailed to each pe rson that submitted comments on the tentative determination.
E. Petition for Judicial Review. (1) Final determinations to reduce or waive penalties are subject to judicial review by any person who: (a) Meets standing requirements under federal law; and (b) Participated in the public comment process th rough the timely submission of written comments. (2) Judicial review shall be on the administrative record before the Department and limited to objections raised in written comments received during the public comment period, unless the petitioner demonstrates: (a) That the objections were not reasonably ascertainable during the comment period; or (b) That grounds for the objections arose after the comment period.
F. Record for Judicial Review. The record for judicial review of a final determination to grant a request to reduce or waive penalties shall consist of all written comments submitted to the Department during the public comment period, all information considered by the Department in making its final determination, and, in the case of a petition based upon new grounds under §E(2) of this regulation, any information that is relevant and material to the new grounds.

Administrative History

Effective date:

Regulations .01—.06 adopted as an emerge ncy provision effective January 18, 2007 (34:3 Md. R. 291); adopted permanently effecti ve July 16, 2007 (34:14 Md. R. 1246) Regulation .02C adopted as an emergency provision effective April 11, 2009 (36:10 Md. R. 715); adopted permanently effective Se ptember 7, 2009 (36:18 Md. R. 1382) Regulation .02C repealed effective July 8, 2013 (40:13 Md. R. 1077) Regulation .03 amended as an em ergency provision effective April 11, 2009 (36:10 Md. R. 715); amended permanently effective Sep tember 7, 2009 (36:18 Md. R. 1382) Regulation .03 amended effective July 8, 2013 (40:13 Md. R. 1077)26.11.28 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 28 Clean Air Interstate Rule

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2- 301—2-303, 10-102 and 10-103, Annot ated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "Affected trading unit" means fuel burning equipment that meets the applicability provisions in 40 CFR §§96.104 and 96.304. (2) "Consumer of electric power" means an entity located in Maryland that has agreed to purchase part or all of its electric power from a renewable energy project in accordance with this chapter. (3) "New affected trading unit" means an a ffected trading unit that is not included in the allocation of allowances in Regulation .08 of this chapter. (4) "Renewable energy project" means a proj ect that generates electrici ty by solar energy, wind, tidal energy, geothermal energy, or a hydroelectric facility, and, except as otherwis e provided, commenced operation on or after January 1, 2007. (5) "Set aside pool" means a reserve of NO x allowances to be used to provide the ozone season and annual NO x allowances to new affected trading units, renewable ener gy projects, and consum ers of electric power.

.02 Incorporation by Reference. A. In this chapter, except for the provisions in §C of this regul ation, the following documents are incorporated by reference.

B. Documents Incorporated. (1) 40 CFR §§96.101—96.188, CAIR NO x Annual Trading Program. (2) 40 CFR §§96.201—96.288, CAIR Sulfur Dioxide Trading Program. (3) 40 CFR §§96.301—96.388, CAIR NO x Ozone Season Trading Program.
C. The requirements in 40 CFR §§96.142(d) and 96.342(d) pertaining to the distribution of allowances from the set aside pool shall be replaced with the requirements in Regula tion .01 and Regulations .03—.07 of this chapter.

.03 Affected Units and General Requirements. A. The requirements of this chapter apply to any existing or new affected trading unit as that term is defined in Regulation .01B of this chapter.

B. A person who owns, operates, leases, or ha s control of an affected trading unit subject to this chapter shall not violate any of the provisions in 40 CFR §§96.101—96.188, §§96.201—96.288, and §§96.301—96.388.
C. If allowances in the set aside pool are insufficient to provid e the necessary allowances to those eligible for allowances under Regulation .01B(5) of this chapter, new affected trading un its have first priority and allowances will be distributed in accordance with the prov isions in 40 CFR §§96.142(c) an d 96.342(c). Allowances will be distributed to renewable energy projects and consumers of electric power only to the exte nt that they are available from the set aside pool.

.04 Requirements for New Affected Trading Units and NO x Set Aside Pool. A. Obtaining NO x Allowances. (1) The owner or operator of a new affected trading unit may request allowances from the set aside pool by March 15 of the year following the year the unit began commercial operation and by March 15 for each year thereafter until the control period f or which the unit is first allocated allowances under 40 CFR §§96.142(b) and 96.342(b). (2) The application for allowances shall include: (a) The name and address of the owner and location of the new unit; (b) A brief description of the total facility constructed at that site and the date on which the new affected trading unit commenced commercial operation; andEPARTMENT OF THE ENVIRONMENT 26.11.28.05

26.11.28 Page 2 Effective as of November 12, 2010 (c) The permitted annual and ozone season NO x emissions for the new unit and the actual ozone season and annual emissions for the previous year. (3) The new unit priority for allowances as stated in Regulation .03C of this chapter shall continue each year until the new unit is allocated allowances.

B. General Requirements for New Affected Trading Units. (1) Allowances from the set aside pool allocated to a new unit shall be in an amount equal to the number of tons of NO x emissions from the previous control period. (2) If the EPA determines that an existing unit was not included in the allowance allocation in Regulation .08 of this chapter but should be subject to this chapter as an affected trading un it, the unit shall be considered a new affected trading unit and allowances shall be distributed to the unit from the set aside pool until the control period for which the unit is first alloca ted allowances under 40 CFR §§96.142(b) and 96.342(b).

.05 NO x Allowances for Renewable Energy Proj ects and Consumers of Electric Power. A. Following any distribution of NO x allowances from the set aside pool for new units, the remaining portion of the set aside pool may be available for distribution to renewable energy projects and consumers of electric power.

B. Renewable Energy Project s Located in Maryland. (1) The owner or operator of a renewable energy project in Maryland may submit an application for allowances from the set aside pool after it commences construction. (2) The application for allowances shall include: (a) The name and address of the ow ner and location of the project; (b) A description of the project and, as applicable, the design capacity in megawatts; and (c) The date on which the project is expected to comm ence operation. (3) If allowances are available in the set aside pool and af ter reviewing the application and securing any additional information, if the Department decides to distribute allowances to the project, the Department will determine the number of allowances to be distributed by applying a factor of 1.5 pounds per megawatt hour to: (a) The design capacity in megawatt hours of the proposed project for the first year; and (b) The actual annual generation for each of the next 3 years.
C. Renewable Energy Projects Located Out of State. (1) The owner or operator of a renewable energy project located in Delaware, th e District of Columbia, Pennsylvania, Virginia, or West Virginia that provides electric power to a consumer of electric power as defined in Regulation .01B(2) of thi s chapter may request allowances from the se t aside pool after it commences operation by submitting an application as required in §B(2) of this regulation. (2) After reviewing the application and securing any additional inform ation, if allowances are ava ilable in the set aside pool, the Department will determine the number of allowances to be dist ributed to the renewable energy project by applying a factor o f 1.5 pounds per megawatt hour to the actual annual megawatt hours of electric provided to the consumer of electric power for eac h of the next 4 years.

D. A renewable energy project that provides electric power to a consumer of electric power is not subject to the January 1, 2007 date in Regulation .01B(4) of this chapter.

E. Priority for Distributing Allowa nces from the Set Aside Pool. (1) Following any distribution of allowances to new units, unless the Department determines that the set aside pool contains an insufficient number of allowances, the Department will di stribute allowances on a firs t-come, first-served basis. (2) If the Department determines that the set aside pool contains an insufficient number of allowances, the Department shall distribute allowances as follows: (a) Renewable energy projects located in Maryland have first priority;AIR QUALITY

26.11.28.08

26.11.28 Page 3 Effective as of November 12, 2010 (b) Consumers of electric power have second priority; and (c) Renewable energy projects located out-of-State have third priority.

F. Applications for allowances from the set aside pool for rene wable energy projects and consumers of electric power shall be submitted to the Department by March 15 following the year in which the electric power was generated or consumed.
G. By July 1 of each year, NO x allowances for renewable energy projects shall be transferred to a general account established by the EPA in the allowance tracking system for the owner or operator of the renewable energy project in accordance with the provisions in 40 CFR §§96.151 and 96.152 for NO x annual allowances and 40 CFR §§96.351 and 96.352 for NO x ozone season allowances.

.06 NO x Allowances to be Distributed to Consumers of Electric Power. A. At the request of a consumer of electric power, the Department shall determine the number of allowances to be distributed based on the total megawatt hours of electric power purchased by the consumer of electric power.

B. In its request for allowances, the consumer of electric power shall provide the Department with: (1) A copy of the agreement with the owner of the renewable energy project that shows the amount of power to be purchased and the duration of the contract; (2) The total amount of electric power purchased by the consumer of electric power for the previous 3 years and the name of the supplier of the electric power; and (3) Any seasonal variation in the power to be purchased from the renewable energy project.
C. Allowances for a consumer of electric power shall be transf erred to a retirement account es tablished by the EPA in the allowance tracking system. Allowances for a consumer of electric power shall be consid ered only if the total electric power tha t the consumer purchased during the ozone season or calendar year is equivalent to the allocation of at least one allowance.

D. For the purpose of this regulation, a consumer of electric power may purchase electric power from any renewable energy project in Maryland or a project that is lo cated in Delaware, the District of Columbia , Pennsylvania, Virginia, or West Virgini a. E. Allowances for consumers of electric power shall be based on a factor of 1.5 pounds of NO x per megawatt hour of electricity purchased. That factor shall apply for both ozone season and annual allowances.

.07 Distribution of Unused NO x Allowances in the Set Aside Pool. A. Following the end of each control period, but before March 15, 20 percent of the unused ozone season and 20 percent of the unused annual allowances from the previous control period shall be transferred to a retirement account established by the EPA i n the allowance tracking system. The remaining portion of unused allowances shall be dist ributed to the affected trading units li sted in Regulation .08 of this chapter in acco rdance with the propor tions in the initial allowance a llocations. The unused ozone sea son and annual allowances shall be distributed to the affected trading units by March 15 of the year following the end of each cont rol period.

B. Unused allowances established under the COMAR 26.11.29 (NO x SIP Call) set aside pool shall remain in the Department's account until a determination for use of the a llowances is made by the Department. Th e Department shall notify the EPA of the disposition of these allowances.

.08 Allocation of NO x Allowances.

Unit Ozone Season Allocation 2009—2014 Annual Allocation 2009—2014 (1) Allegany County Warrior Run (AES) 519 1,177 (2) Anne Arundel County Constellation Wagner Unit 1 43 83 Unit 2 325 761 Unit 3 681 1,530 Unit 4 178 305EPARTMENT OF THE ENVIRONMENT 26.11.28.08

26.11.28 Page 4 Effective as of November 12, 2010 Unit Ozone Season Allocation 2009—2014 Annual Allocation 2009—2014 Constellation Brandon Shores Unit 1 1,592 3,313 Unit 2 1,693 3,455 (3) Baltimore City Constellation Westport
CT5 4 4 (4) Baltimore County Constellation Riverside Unit 4 13 13
CT6 5 7 Constellation Crane Unit 1 403 941 Unit 2 449 1,011 (5) Cecil County Rock Springs Unit 1 21 22 Unit 2 20 21 Unit 3 15 21 Unit 4 17 24 (6) Charles County Mirant Morgantown Unit 1 1,230 2,874 Unit 2 1,224 2,854
CT3 2 6
CT4 4 5
CT5 4 6
CT6 4 5 (7) Dorchester County NRG Energy Vienna Unit 8 73 126 (8) Harford County Constellation Perryman
GT1 5 11
GT2 5 12
GT3 5 12
GT4 6 12
CT51 20 50 (9) Montgomery County Mirant Dickerson Unit 1 364 761 Unit 2 389 833 Unit 3 367 790 Station H-GT2 24 38 Station H-GT3 29 38AIR QUALITY

26.11.28.08

26.11.28 Page 5 Effective as of November 12, 2010 Unit Ozone Season Allocation 2009—2014 Annual Allocation 2009—2014 (10) Prince George's County Mirant Chalk Point Unit 1 714 1,601 Unit 2 768 1,679 Unit 3 358 620 Unit 4 268 547
CT2 2 2
CT3 15 25
CT4 15 26
CT5 17 29
CT6 22 35
SGT1 10 20 Panda Brandywine 31 73 Unit 2 41 87 (11) Washington County Allegheny Energy R.P. Smith Unit 9 31 76 Unit 11 167 396

Administrative History

Effective date: October 22, 2007 (34:21 Md. R. 1918)

Regulation .01B amended effective June 16, 2008 (35:12 Md. R. 1121) Regulation .02C amended effective June 16, 2008 (35:12 Md. R. 1121) Regulation .03A, C ame nded effective June 16, 2008 (35:12 Md. R. 1121) Regulation .04 amended effective June 16, 2008 (35:12 Md. R. 1121) Regulation .05 amended effective June 16, 2008 (35:12 Md. R. 1121) Regulation .06C, D amended effectiv e June 16, 2008 (35:12 Md. R. 1121) Regulation .07A amended effective June 16, 2008 (35:12 Md. R. 1121)

### This Page Intentionally Left Blank26.11.29 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 29 NO x 

### Reduction Requirements for Non-Electric Generating Units

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303, Annotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) "Electric generating unit" means a fossil fu el fired stationary boiler, combustion tu rbine, or combined cycle system that sells any amount of electricity. (2) "Non-electric generating unit" means a foss il fuel fired stationary boiler, combustion turbine, or combined cycle system that is not an electric generating unit.

.02 Applicability. This chapter applies to non-electric generating units that are not subject to COMAR 26.11.27 or COMAR 26.11.28, and that are located at:
A. Portland cement manufacturing plants; and

B. Natural gas pipeline compression stations.

.03 Emission Reduction Requirements for Po rtland Cement Manufacturing Plants. A. A person who owns or operates a cement kiln at a Portland cem ent manufacturing plant subject to this chapter shall, on or before May 1, 2003 until April 1, 2011, either meet the applicable NO x emission standards in §B of this regulation or implement one of the following control measures: (1) Install low NO x burners on each kiln; or (2) Modify each kiln to implement mid-kiln firing.

B. Emission Standards for Cement Kilns. The emissions standards for cement kilns are as follows: (1) For long wet kilns, maximum emissions of 6.0 pounds of NO x per ton of clinker produced; (2) For long dry kilns, maximum emissions of 5.1 pounds of NO x per ton of clinker produced; and (3) For pre-heater/pre-calciner or pre-calciner kilns, maximum emissions of 2.8 pounds of NO x per ton of clinker produced.
C. Compliance with the emission standards in §B of this regul ation shall be demonstrated as a 30-day rolling average.

D. On and after April 1, 2011, the requirements in §A(1) of this regulation no longer apply an d cement kilns shall meet the applicable NO x emission standards in §B of this regulation.

.04 Monitoring Requirements. A. A person who owns or operates a nonelectric generating unit subject to this chapter shall: (1) Continuously monitor NO x emissions with a continuous emissions monitor ("CEM") certified in accordance with 40 CFR Part 60 or use an alternative method approved by the Department and the EPA; (2) On or before May 1, 2002, collect NO x emissions data that was obtained pursuant to §A(1) of this regulation; and (3) Submit emissions data collected pursuant to §A(2) of this regulation to the Department for each control period by November 30 of each year, beginnin g with the 2002 control period.

B. The NO x emissions data collected pursuant to §A(2) of this regulation shall be used to demonstrate compliance with the emission reduction requirements in Regulation .03B of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.29.05

26.11.29 Page 2 Effective as of November 12, 2010 .05 Emission Reduction Requirements for Stat ionary Internal Combustion Engines at Natural Gas Pipeline Compression Stations. A. This regulation applies to a stationary internal combustion e ngine located at a natural gas pipeline compression station if the engine is one of the types and corresponding sizes identified in §C of this regulation, and had average daily emissions of 1 ton or more per day for the 1995 or 1996 control periods.

B. The owner or operator of a stationary internal combustion engine to which this regulation applies shall: (1) On or before May 1, 2003, meet the applicable NO x emission standard in §C of this regulation; or (2) On or before May 1, 2001, submit to the Department, for approval, a proposal to reduce NO x emissions by not less than 90 percent from the 1995 base year emissions.
C. Emission Standards. Type Engine Size (brake HP) Standard (15 percent oxygen) Spark ignited rich burn 2400 HP or greater 110 ppmv Spark ignited lean burn 2400 HP or greater 125 ppmv Diesel engines 3100 HP or greater 175 ppmv Dual fuel engines 4400 HP or greater 125 ppmv

Administrative History

Effective date: May 1, 2000 (27:8 Md. R. 799)

Regulation .09 amended effective No vember 24, 2003 (30:23 Md. R. 1654)

—————— Regulations .01—.15 repealed and new Regula tions .01—.05 adopted as an emergency provi sion effective January 1, 2010 (37:4 Md. R. 336); adopted permanently effective May 31, 2010 (37:11 Md. R. 766)26.11.30 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 30 Policies and Procedures Relating to Maryland's NO x 

### Reduction and Trading Program — Repealed

Administrative History

Effective date: May 1, 2000 (27:8 Md. R. 799)

Regulation .09 amended effective April 28, 2003 ( 30:8 Md. R. 543); June 19, 2006 (33:12 Md. R. 999)

—————— Chapter repealed as an emergency provisi on effective January 1, 2010 (37:4 Md. R. 336) ; repealed permanently effective May 31, 2010 (37:11 Md. R. 766)

### This Page Intentionally Left Blank26.11.31 Page 1 Effective as of June 13, 2011 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs)

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, A nnotated Code of Maryland

.01 Scope. This chapter codifies the quality assurance (QA) and quality c ontrol (QC) procedures prev iously established by the Department’s Technical Memorandum 90-01 for continuous opacity monitors (COMs). The procedures are transferred into this chapter in regulatory format. In addition, the general provisi ons and quality control requirements found in COMAR 26.11.01.10 are also applicable to COMs.

.02 Applicability. A. The procedures specified by this chapter shall be used to ev aluate the effectiveness of a facility’s quality assurance (QA) and quality control (QC) procedures for COMs. The procedures specify the minimum quality assurance requirements for the assessment and control of COM data.

B. Source owners and operators using COMs shall meet these minimum requirements and are encouraged to develop and implement a more extensive QA and QC program or to continue the programs wh ere they already exist.
C. Data collected as a result of QA and QC measures required in this chapter shall be submitted to the Department. These data shall be used by both the Department and the owner or operator in assessing the effectiveness of the procedures in maintaining acceptable operation and valid emission data.

D. All sources using COMs shall develop and implement the required QC plan upon successful completion of the initial performance specification test and shall cond uct the required QA procedures beginning with the first calendar quarter following the successful performance specification test.

E. These procedures explicitly specify the qua lity assessment methods to be used for ca libration drift and qu ality audits but do not address the evaluation of monitor installation location or the design specification verification procedures which are addre ssed in Appendix B of 40 CFR Part 60.

.03 Incorporation by Reference. A. In this chapter, the following docume nts are incorporated by reference.

B. Documents Incorporated. (1) Performance Specification 1 (PS1) under 40 CFR Part 60, Appendix B. (2) Performance Audit Procedures for Opacity Monitors, EPA 450/4-92-010 March 1992, Atmospheric Research and Exposure Assessment Laboratory, Research Triangle Park, North Carolina 27711.

.04 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined. (1) “Calibration drift (CD)”means the difference in the COM ou tput reading from a reference value after a period of operation during which no unscheduled maintenance, repair, or adjustment took place. The reference value may be the simulated zero (or low-level) check or the upscale calibration value. (2) “Calibration error” means the differen ce between the opacity values indicated by the COM and the known values of a series of calibration attenuator s (neutral density filters). (3) “Simulated zero check” means the use of a method or device to provide a simulated zero-opacity (or low-level value between zero and 20 percent of span value) and that provides a system check of the analy zer internal optical surfaces and all electronic circuitry incl uding the lamp and photodetector assembly. (4) “S pan value” means the opacity value at which the COM is set to produce the maximum data display output.DEPARTMENT OF THE ENVIRONMENT 26.11.31.05

26.11.31 Page 2 Effective as of June 13, 2011 (5) “Upscale calibration value” means the opacity value at wh ich a calibration check of the COM is performed by simulating an upscale opacity condition using a neutral density filter or other related technique to produce a known obscuratio n of the light beam as viewed by the receiver.

.05 Principle. A. The QA procedures are a control loop composed of two functions: (1) Assessment of data quality by measurement of COM performance; and (2) Control and improvement of data quality by implementing QC policies and corrective actions.

B. When the assessment function indicates that data quality is inadequate, the control effort shall be increased until data quality is acceptable.
C. COM Accuracy Determination. (1) Quarterly performance audits involving a series of checks of monitoring system components and operation shall be performed to assess the accuracy of the COM data. Calibrated audit materials shall be required fo r certain checks as specified by this chapter. (2) The opacity monitoring data shall be considered accurate if the required audits do not identify problems that detract from the accuracy of the COM data.

D. Quality control and corrective actions encompass a variety of policies, specifications, standards, and corrective measures. To accommodate these site-specific variable s, this chapter treats QC re quirements in general terms to allow each source owner o r operator to develop a QC system that is more effective and e fficient for the circumstances. However, the final data output devi ce used to report emissions to the Department in the quarterly excess emissions report shall be used for all required QA and QC
measurements.

.06 Quality Control Requirements. A. Development and Implementation. (1) Each source owner or operator using a COM shall devel op a written quality control (QC) program and submit that program to the Department for approval. (2) A source owner or operator may periodically revise its QC program to make it more effective and efficient. Each revised QC program shall be resubmitted to the Department for approval, along with the prior approved program. (3) A source owner or operator shall implement an appr oved QC program as expeditiously as possible. (4) The owner or operator shall maintain a current copy of the approved QC program on site for inspection.

B. Contents. At a minimum, each QC program shall include writte n procedures which describe in detail complete, step-bystep procedures and operations fo r each of the following activities: (1) Opacity calibration; (2) Calibration drift determination and adjustment; (3) Daily, monthly, and quarterly checks of component or system performance; (4) Preventive maintenance, including spare parts inventory; (5) Data recording, calculations, and reporting; (6) Performance audits and zero alignment procedures; (7) Corrective actions for malfunctioning COMs; and (8 ) Notification to the Department for the di scovery of any out-of-control monitor.

.07 Opacity Calibration Drift Assessment. A. Calibration Drift (CD) Requirement. (1) Source owners and operators using COMs shall check, record, and quantify the CD at two op acity values at least once daily in accordance with the method prescribed by the manufacturer.AIR QUALITY

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26.11.31 Page 3 Effective as of June 13, 2011 (2) The COM calibration shall, at a minimum, be adjusted whenever the daily zero (or low-level) CD or the daily high-level CD exceeds the limits specified in Performance Specification 1 (PS1) in Appendix B of 40 CFR Part 60.

B. Recording Requirements for Automatic CD Adjusting Monitors. (1) Monitors that adjust the data to the corrected calibration values automatically (for exam ple, microprocessor control) shall be programmed to record th e unadjusted opacity before rese tting the calibration, or record the amount of adjustment that is applied to the effluent opacity measurements. (2) The data recorded in accordance with §B(1) of this regulation is to be maintained on site for review by the Department for a period of 2 years.
C. Criteria for Excessive Calibration Drift. (1) If either the zero (or low-level) or high-level CD result exceeds the appli cable drift specification in Performance Specification 1 for five consecutive daily periods, the COM shall be considered out of control. (2) If either the zero (or low-level) or high-level CD re sult exceeds two times the applicable drift specification in Performance Specification 1 during any CD check, the COM shall be considered out of control. (3) If the COM is out of control, the source owner or operator shall take necessary corrective ac tion to correct the deviation. (4) The owner or operator shall repeat the CD checks no later than 24 hours following corrective action to repair an out-ofcontrol COM.

D. Out-of-Control Period. (1) The beginning of the out-of-control period is the time corresponding to the completion of the fifth consecutive daily CD check with a CD in excess of the allowabl e limit or the time corresp onding to the completion of the daily CD check preceding th e daily CD check that results in a CD in excess of two times the allowable limit. (2) The end of the out-of-control period is the time corresponding to the completion of the CD check following corrective action that result in the CD at both the zero (or low-level) an d the high-level measurement points being within the correspondi ng allowable CD limit.

.08 Audit Frequency. A. Each COM shall undergo a performance a udit at least once each calendar quarter. Su ccessive quarterly performance audits shall not occur within 2 months.

B. A zero alignment audit shall be conduct ed at least annually, w ith each coming before a corresponding quarterly performance audit. Successive zero alignment aud its shall not occur within consecutive quarters.
C. When conducting a performance or zero alignment audit, the owner or operator shall use the same output device as used to report emissions to the Department in the quarterly excess emissions report.

.09 Performance Audit. A. Each performance audit shall include a series of checks of individual monitoring system components and factors affecting the accuracy of the monitoring data.

B. Calcu lations for COM data shall be in accordance with mon itor specific calculations in the EPA document Performance Audit Procedures for Opacity Monitors, which is incorporated by reference in Regulation .03B(2) of this chapter. Examples of detailed audit procedures are also found in that referenced document.
C. A performance audit shall include checks for each procedure in an approved QC pr ogram, including, at a minimum, the following checks: (1) Stack Exit Correlation Error. (a) The value of the pathlength correction factor used by the monitor is measured according to procedures specified by the manufacturer. (b) The correct value of the pathlength correction factor is computed from the monitor pathlength and stack exit diameter.DEPARTMENT OF THE ENVIRONMENT 26.11.31.10

26.11.31 Page 4 Effective as of June 13, 2011 (c) The stack exit correlation error is determined as the ratio of the measur ed value to the correct value and is expressed as a percent. (2) Fault Indicators. Fault lamp indicators, data acquisition system error messages, and other system self-diagnostic indicators are examined to determine if th e COM is operating within preset limits. (3) Zero and Upscale Responses. (a) The COM responses to the simulated zero condition (or low- level) and upscale calibration value are determined from the permanent data recording device accord ing to the routine CD check procedure. (b) The zero and upscale response errors are determined from the permanent data recording device to the routine CD check procedure. (c) The zero upscale response errors are determined as the difference between the corrected values and the observed response for the zero and upscale calibration check. (4) Zero Compensation. The value of the zero compensation applied at the time of the audit is determined as equivalent percent opacity. The value is corrected to stack exit conditions , according to the procedures specified by the manufacturer, wh ere the applicable monitor includes an automatic correction to compensate for drift in the monitor’s response to the simulated zero opacity condition or dust accumulation on the optical surfaces of the transceiver. (5) Optical Alignment. The status of the optical alignment of the transmissometer components shall be determined using an alignment sight that indicates that the monitor is misaligned wh en a measurement error of 2 percent opacity or greater is cause d by misalignment, in accordance with Performance Specification 1 incorporated by reference under Regulation .03B(1) of this chapter. (6) Optical Surface Dust Accumulation. (a) An estimate of the amount of dust (o r other particulate matter) deposited on the exposed optical surfaces of the transmissometer is obtained by recording the apparent effluent opacity before and after cleaning of each of the exposed optical surfaces. (b) The total optical surface dust accumulation is the sum of the apparent reduction in opacity for all of the optical surfaces that are cleaned. (7) Calibration Error. The COM responses are compared using one of the following methods to the known values of three reference neutral density filters corrected to stack exit conditions: (a) The preferred method requires the installation of an audit device, adjusted to provide the same zero response as the monitor’s simulated zero check, that simulates the clear path co ndition and allows insertion of the filters into the light path ; or (b) In those cases where an audit device is not available, an alternate method may be used by conducting an incremental calibration (that is, superimposing the audit filters and effluent opacity) and comparing the monitor response to the expected value calculated from the filter and effluent opac ity values. This method is sensitive to fluctuations in the effluent opacity during the test.

.10 Calibration Error Methods. A. Test Methods. (1) For both calibration error methods in Regul ation .09C(7) of this chapter, three f ilters shall each be placed in the light path five times and the monitor responses shall be determined from the permanent data recorder. (2) T he low-, mid-, and high-range calibration error results are computed as the main difference and the 95 percent confidence interval for the difference between the expected and actual responses of th e monitor difference as corrected to the stack exit conditions. (3) An owner or operator shall use neutral density filters with values that have been determined according to 7.1.3 Attenuator Calibration of Performance Specification 1, which is incorporated by reference under Regulation .03B(1) of this chapter.

B. Attenuator Values.AIR QUALITY

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26.11.31 Page 5 Effective as of June 13, 2011 (1) The stability of the attenuator values shall be checked at l east once per year according to the procedure specified in Performance Specification 1, which is incorporated by reference under Regulation .03B(1) of this chapter. (2) The attenuator shall be recalibrated if the stability checks indicate a change of 2 percent opacity or greater. (3) Calibration attenuators that produce simulated opacities (as corr ected to stack exit conditions) in the ranges listed in §C of this regulation shall be used. (4) Where the use of the specified audit filter values is not pr actical, alternate filter ranges may be used subject to the approval of the Department.
C. Filter Ranges for Opacity Performance Audits. (1) The filter ranges for opacity performance audits are as provided in §C(2) of this regulation or, as applicable, as provided in Performance Specification 1 (PS1) in Appendix B of 40 CFR Part 60. (2) Audit Points and Filter Range are as follows: (a) 8—15% Opacity (low) (b) 20—30% Opacity (mid) (c) 40—50% Opacity (high)

.11 Zero Alignment Audit. A. General Requirements. (1) A zero alignment audit conducted in accordance with Regulation .08B of this chapter shall co mpare the monitor responses to the simulated zero check and the actual clear path condition. Primary and alternate methods for performing the zer o alignment audit are described in §A(2) and (3) of this regulation. (2) Primary Zero Alignment Method. (a) The primary zero alignment method shall be performed under clear path cond itions. This is accomplished for the installed transmissometer where the process is not operating and the monitor pathlength is free of particulate matter or the mo nitor may be removed from its installation and set up under clear path conditions. (b) No adjustment to the monitor should be made other than the establishment of the proper monitor pathlength and correct optical alignment of th e transmissometer components. For some monitors it may also be necessary to disable the zero compensation mechanism or to reco rd the amount of correction applied to the simulated zero condition. (c) The monitor response to the clear path condition and to th e simulated zero condition shall be recorded as percent opacity. (d) The response difference in percent opacity to the clear path and simulated zero conditions shall be recorded as the zero alignment error. The simulated zero devi ce shall then be adjusted to provide the same response as a clear path condition. (e) The monitor shall then be restored to its operating mode at the facility. (3) Alternate Zero Alignment Method. (a) An external, removable zero-jig may be used to facilita te periodic checks of the simulated zero condition as an alternate zero alignment audit method if: (i) The zero-jig setting is established for the specific monitor by comparison of the monitor responses to the zero-jig and to clear path condition; and (ii) The zero-jig is capable of producing a consistent zero response when it is repeatedly installed on the monitor. (b) The zero-jig shall be protected when not in use to ensure that the setting equivalent to zero opacity does not change. (c) Source owners who use a zero-jig shall perform a primary zero alignment audit and check of the zero-jig setting at least once every 3 years.

B. Criteria for a Successful Audit. (1) Performance Audit. Performan ce of the COM shall be considered accept able if it meets the following criteria:DEPARTMENT OF THE ENVIRONMENT 26.11.31.12

26.11.31 Page 6 Effective as of June 13, 2011 (a) Stack Exit Correlation Error: < 2 percent opacity; (b) Fault Indicators: Inactive/no error messages present; (c) Zero and Upscale Responses: < 2 percent opacity; (d) Zero compensation: < 4 percent opacity; (e) Optical Alignment: misalignment error < 2 percent opacity; (f) Optical Surface Dust Accumulati on: < 4 percent opacity; and (g) Calibration Error: < 3 percent opacity. (2) Zero Alignment. (a) Calculations for a zero alignment audit shall be in accordance with the EPA doc ument incorporated by reference in Regulation .03B(2) of this chapter. (b) The zero alignment is acceptable if the error of the simu lated zero check is less than 2 percent opacity before adjustment. (c) The simulated zero check should be adju sted to provide the corr ect response each time the zero alignment audit is performed. (3) Out-of-Control Periods. The beginning of the out-of-control period is the time corresponding to the completion of the performance audit indicating unaccep table performance. The end of the out-of-control period is the time corresponding to the completion of the subsequent successful audit.

.12 Corrective Actions. A. Unacceptable Audit Results — Single Performance Audit. (1) If the COM is out-of-control, the owner or operator shall take necessary corrective action to eliminate the problem. (2) Following corrective action, the owner or operator, at a minimum, shall co nduct a COM performa nce audit on the portion of the criteria that failed to indicate the COM is operating properly. (3) The COM operator shall include both the audit results showing the COM to be out of control and the results following corrective action showing the COM to be operating within specification in the quarterly report.

B. Unacceptable Audit Results — Mu ltiple Performance Audits. (1) If an audit conducted in a ccordance with Regulation .09 of this chapter identifies unacceptable pe rformance (that is, outof-control conditions) for two consecutive quarters, the source ow ner or operator shall revise the current written QC procedure s or modify or replace the COM to correct the deficiency causing the unacceptable performance. (2) If the owner or operator chooses to revise the written QC procedures in accordance with §B(1) of this regulation and Regulation .06 of this chapter, the revised procedures shall be submitted to the Depart ment for approval, along with a copy of the current approved procedures.
C. Unaccepta ble Zero Alignment. (1) The performance of the monitoring system is unacceptable if the error of the si mulated zero check before adjustment: (a) Exceeds 5 percent opacity for any zero alignment audit; or (b) Exceeds the 2 percent opacity acceptance criterion for three consecutive zero alignment audits. (2) If the performance of the monitoring system is unacceptable, the owne r or operator shall: (a) Take corrective action to resolve the problem and improve the stability of the simulated zero check method or device;

or (b) Replace the COM. (3) If corrective action is taken under §C(2)(a) of this regulation, the owner or oper ator shall conduct zer o alignment audits at least twice each year during no nconsecutive calendar quarters.AIR QUALITY

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26.11.31 Page 7 Effective as of June 13, 2011 (4) If the results of the semi-annual zero alignment audits exceed the limits of §C(1) of this regulation, the owner or operator shall replace the COM.

Administrative History

Effective date: December 27, 1999 (26:26 Md. R. 1961)

——————

Regulations .01—.15 under Small Business Po llution Compliance Loan Program repealed, and new Regulations .01—.12 under new chap ter, Quality Assurance Requirements for Continuous Opacity Monitors (COM s) adopted effective June 13, 2011 (38:12 Md. R. 708)

### This Page Intentionally Left Blank26.11.32 Page 1 Effective as of November 12, 2010 

### Title 26 DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY Chapter 32 Control of Emissions of Volatile Organ ic Compounds from Consumer Products

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, A nnotated Code of Maryland

.01 Applicability and Exemptions. A. Applicability. This chapter applies to a person that sells, supplie s, offers for sale, or manufactures consumer products on or after the effective date in Regulation .04B of this chapter, for use in the State.

B. Use Outside of the State. (1) The provisions of this chapter do not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State a consumer product that does not comp ly with the VOC standards specified in Regulation .04B of this chapter if the manufacturer or distributor demonstrates that the: (a) Consumer product is intended for shipment and use outside of the State; and (b) Manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to or within the State. (2) The exemption in §B(1) of this regulation does not apply to a person who sells, supplies, or offers for sale a consumer product to a retail outlet in the State.
C. Antiperspirants and Deodorants. (1) The medium volatility organic compound (MVOC) content standards specified in Regulation .04B of this chapter for antiperspirants or deodorants do not apply to ethanol. (2) The requirements of Regulation .04 of this chapter for antip erspirants or deodorants do not apply to VOCs that: (a) Contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown; or (b) Have a vapor pressure of 2 millimeters of mercury or less at 20°C. (3) The VOC limits specified in Regulation .0 4B of this chapter do not apply to colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant.

D. The VOC limits specified in Regulation .04B of this chapter do not apply to the following: (1) Fragrances up to a combined level of 2 percent by weight contained in a consumer product; (2) An LVP-VOC, except those contained in a charcoal lighter material subject to the requirements of Regulations .04B and .05 of this chapter; (3) Air fresheners comprised entirely of fragrance, excluding co mpounds not defined as VOCs or exempted under §D(2) of this regulation; (4) Insecticides containing at least 98 percent paradichlorobenzene; (5) Until January 1, 2009, solid air fresheners contai ning at least 98 percent paradichlorobenzene; (6) Adhesives sold in containers of 1 fluid ounce or less; (7) Units of product that are not aerosol adhesives and that, less packaging: (a) Consist of more than 1 gallon of contact adhesive; or (b) Weigh more than 1 pound and consist of more than 16 fluid ounces of the following: (i) Sealants and caulking compound; (ii) Construction, panel, and floor covering adhesive; or (iii) General purpose adhesive; (8) Bait station insecticides; andDEPARTMENT OF THE ENVIRONMENT 26.11.32.02

26.11.32 Page 2 Effective as of November 12, 2010 (9) Fabric protectants that are: (a) Designed for use solely on fabrics that are labeled "for dry cleaning only"; and (b) Sold in containers of 10 fluid ounces or less.
D-1. On or after January 1, 2009, the provisions of Regulation .10 of this chapter apply to solid air fresheners containing paradichlorobenzene.

E. The requirements in Regulation .13A of this chapter do not apply to consumer products that: (1) Are registered under the Federal Insec ticide, Fungicide, and Rodenticide Ac t (FIFRA), 7 U.S.C. §§136—136y; or (2) Contain VOCs at concentrations of 0.10 percent by weight or less.

F. Retail Sales. (1) A retailer who makes a consumer product 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 Departme nt that the purchase was made with reasonable good faith efforts to assure that the product me t applicable State requirements; and (b) The retailer, upon determining that a noncomplying product was purchased, immediately discontinues sale of the product in the State. (2) Good faith efforts may include the following: (a) Written communication with manufacturers an d distributors that only complying products will be accepted for sale in the State; (b) Written agreements between the retailer and the manufactur ers and distributors, in which the manufacturer and distributor commit to supply only complying products; (c) The implementation of a self-audit program that periodically evaluates the purchase and sale of consumer products regulated under this chapter; and (d) The use of invoices, purchase orders, and other contractual and billing documents, which specify that only complying products are acceptable.

.02 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated. (1) South Coast Air Quality Management District—Protocol—Rule 1174 Ign ition Method Compliance Certification Protocol, dated February 28, 1991. (2) ASTM Designation: D4359-90 (Reapproved 2000)e1 Standard Test Method for Determining Whether a Material is a Liquid or a Solid. (3) ASTM Designation: E260-96 (Reapproved 2001) Standard Practice for Packed Column Gas Chromatography. (4) CARB Method 310, Determination of Volatile Organic Com pounds (VOC) in Consumer Pr oducts, adopted September 25, 1997, and as last amended on September 3, 1999. (5) ASTM Designation: D86-04b Standard Test Method for Di stillation of Petroleum Products at Atmospheric Pressure.

.03 Definitions. A. In this chapter, the following terms have the meanings indicated.

B. Te rms Defined. (1) "ACP" means alternative control plan as defined in this section. (2) "ACP agreement" means a document signed by the Department that: (a) Includes the conditions and requirements of the ACP; andAIR QUALITY

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26.11.32 Page 3 Effective as of November 12, 2010 (b) Allows manufacturers to sell ACP products in the State under the requirements of this chapter. (3) "ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP agreement during the compliance period specified in the ACP agreement, expresse d to the nearest pound of VOC and calcula ted according to the following equation: ACP Emissions = (Emissions) 1 + (Emissions) 2 + . . . + (Emissions) N where: (a) Emissions = (VOC Content) × (Enforceable Sales) / 100; (b) For all products, except for charco al lighter material products: VOC Content = (B - C) × 100 / A where: (i) A = net weight of unit (excluding container and packaging); (ii) B = total weight of all VOCs per unit; and (iii) C = total weight of all exempted VOCs per unit, as specified in Regulation .01 of this chapter; (c) For charcoal lighter material products only: VOC Content = (Certified Emissions × 100) / Certified Use Rate where: (i) Certified Emissions = the emissions level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start; and (ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. (4) "ACP limit" means the maximum allowable ACP emissions during the compliance period specified in an ACP agreement, expressed to the neares t pound of VOC and calculated according to the following equation: ACP Limit = (Limit) 1 + (Limit) 2 + . . . + (Limit) N where: (a) Limit = (ACP Standard) × (Enforceable Sales) / 100; (b) Enforceable Sales = the total amount of an ACP product sold for use in the State during the applicable compliance period specified in the ACP agreement, as determined throug h enforceable sales records (expressed to the nearest pound, excluding container and packaging); (c) ACP Standard = either the ACP product 's Pre-ACP VOC content, or the app licable VOC standard specified in Regulation .04B of this chapter, whichever is less; (d) Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the De partment, based on either the data on the product obtained from the March 12, 1991, California Air Resources Board (CARB) Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product; (e) 1,2,...N = each product in an ACP up to the maximum N. (5) "ACP product" means a consumer product subject to the VOC standards in Regulation.04B of this chapter, except those products that have been exempted under Regulations .01, .11, or .12 of this chapter. (6) "ACP reformulation" means the process of reducing the VOC content of an ACP pr oduct, within the period that an ACP is in effect, to a level that is less than the current VOC content of the product. (7) "ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 4 Effective as of November 12, 2010 (8) "ACP VOC standard" means the maximum allowable VOC content for an ACP product, determined as follows: (a) The applicable VOC standard specified in Regulation .04B of this chapter for all ACP products except charcoal lighter material; or (b) For charcoal lighter material products only, the VOC standard for the purposes of this chapter shall be calculated according to the following equation: VOC Standard = (0.020 pound CH 2 per start × 100) / Certified Use Rate where: (i) 0.020 = the certification emissions level for the Department-approved product, as specified in Regulation .05 of this chapter; and (ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. (9) Adhesive. (a) "Adhesive" means a product that is used to bond one surface to another surface by attachment. (b) "Adhesive" does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or other products with an adhesive incorporated onto or in an inert substrate. (10) Adhesive Remover. (a) "Adhesive remover" means a product designed to remove adhesives, including caulks, sealants, glues, or similar substances used for the purpose of forming a bond, from either a specific substrate or a variety of substrates. (b) "Adhesive remover" does not include products that rem ove adhesives intended exclusively for use on humans or animals. (11) Aerosol Adhesive. (a) "Aerosol adhesive" means an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. (b) "Aerosol adhesive" includes special purpose spray adhesives, mist spray adhesives, and web spray adhesives. (12) "Aerosol cooking spray" means an aerosol product that is designed to reduce s ticking on cooking and baking surfaces or be applied on food. (13) Aerosol Product. (a) "Aerosol product" means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container or by means of mechanically induced force. (b) "Aerosol product" does not include pump spray. (14) Agricultural Use. (a) "Agricultural use" means the use of a pesticide or method or device for the control of pests in connection with the commercial production, storage, or processing of an animal or plant crop. (b) "Agricultural use" does not include the sale or use of pesticides in properly labeled packages or containers that are intended for: (i) Use in a household or its immediate environment; (ii) Use requiring a license under COMAR 15.05.01.03; (iii) Use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites; or (iv) Institutional use.AIR QUALITY

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26.11.32 Page 5 Effective as of November 12, 2010 (15) Air Freshener. (a) "Air freshener" means a consumer product designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air, including sprays, wicks, powders, and crystals. (b) "Air freshener" does not include: (i) A product that is used on the human body; (ii) A product that functions primarily as a cleaning product, as indicated on a product label, or toilet and urinal care products; (iii) A disinfectant product claiming to de odorize by killing germs on surfaces; or (iv) An institutional and industrial disinfectant offered for sale solely through institutional or industrial channels of distribution. (c) "Air freshener" includes spray disinfectants and other product s that are expressly represented for use as air fresheners, unless offered for sale through institutional and industrial channels of distribution. (d) To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertis ing may be considered. The presence of, and representations abou t, a product's fragrance and ability to deodor ize resulting from surface application is not a claim of air freshening. (16) "All other carbon-containing compounds" means all compounds which contain at least 1 carbon atom and are not a "Table B" compound or a "LVP-VOC". (17) All Other Forms. (a) "All other forms" means all consumer product forms fo r which no form-specific VOC standard is specified. (b) "All other forms" includes, unless specified otherwise by the applicable VOC standard, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes). (18) "Alternative control plan (ACP)" means an emissions averaging program approved by the Department under the provisions of this chapter. (19) Antimicrobial Hand or Body Cleaner or Soap. (a) "Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. (b) "Antimicrobial hand or body cleaner or soap" includes antimicrobial hand or body washes or cleaners, foodhandler hand washes, healthcare personnel hand washes, preo perative skin preparations, and surgical scrubs. (c) "Antimicrobial hand or body cleaner or soap" does not include prescription drug products, antiperspirants, astringent/toner, deodorants, facial cleaner or soap, general-use hand or body clean er or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. (20) Antiperspirant. (a) "Antiperspirant" means a product that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population. (b) "Antiperspirant" includes aerosols, roll-ons, s ticks, pumps, pads, creams, and squeeze-bottles. (21) Anti-Static Product. (a) "Anti-static product" means a product that is labeled to el iminate, prevent, or inhibit the accumulation of static. (b) "Anti-static product" does not include electronic cleaner, floor polish or wax, or floor coating. (22) "Arch itectural coating" means a coating applied to stationary structures and their appurtena nces, to mobile homes, to pavements, or to curbs. (23) "ASTM" means the American Soci ety for Testing and Materials.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 6 Effective as of November 12, 2010 (24) Astringent/Toner. (a) "Astringent/toner" means a product not regulated as a drug by the U.S. Food and Drug Administration (FDA) and which is applied to the skin for the purpose of cleaning or tightening pores. (b) "Astringent/toner" includes clarifiers and substrate-impregnated products. (c) "Astringent/toner" does not include a ha nd, face, or body cleaner or soap pr oduct, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant. (25) "Automobile headliner adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners. (26) "Automotive brake cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material, or dirt from motor ve hicle brake mechanisms. (27) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-thehood applications which require oil and pl asticizer resistance, as well as high shear strength, at temperatures of 200—275°F. (28) "Automotive hard paste wax" means an automotive wax or polish that is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains no water by formulation. (29) "Automotive instant detailer" means a produ ct designed for use in a pump spray th at is applied to the painted surface of automobiles and wiped off before the product is allowed to dry. (30) "Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks", and other defects from the painted surfaces of motor vehicles without leaving a protective barrier. (31) Automotive Wax, Polish, Sealant, or Glaze. (a) "Automotive wax, polish, sealant, or glaze" means a prod uct designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. (b) "Automotive wax, polish, sealant, or gl aze" includes products designed for us e in autobody repair shops and drivethrough car washes, and by the general public. (c) "Automotive wax, polish, sealant, or glaze" does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant- containing car wash products, or products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic. (32) Automotive Windshield Washer Fluid. (a) "Automotive windshield washer fluid" means a liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. (b) "Automotive windshield washer fluid" does not include fluids placed by the manufacturer in a new vehicle. (33) "Bait station insecticide" means a container enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is com posed of solid material feeding stimulants with less than 5 perc ent active ingredients. (34) Bathroom and Tile Cleaner. (a) "Bathroom and tile cleaner" means a product labeled to clean tile or surfaces in bathrooms. (b) "Bat hroom and tile cleaner" does not include products specifically designed primarily to clean toilet bowls, toilet tanks, or urinals. (35) "Bug and tar remover" means a product labeled to remove from painted motor vehicle surfaces, without causing damage to the finish, either or both of the following: (a) Biological-type residues such as insect carcasses and tree sap; or (b) Road grime such as road tar, roadway paint markings, and asphalt. (36) "CARB" means the Californ ia Air Resources Board.AIR QUALITY

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26.11.32 Page 7 Effective as of November 12, 2010 (37) Carburetor or Fuel-Injec tion Air Intake Cleaner. (a) "Carburetor or fuel-injection air intake cleaner" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. (b) "Carburetor or fuel-injection air intake cleaner" does not include a product de signed exclusively to be introduced directly into the fuel lines or fuel storage tank before introduction into the carburetor or fuel injectors. (38) Carpet and Upholstery Cleaner. (a) "Carpet and upholstery cleaner" means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, the interior of motor vehicles, household furniture, or objects upholstered or covered with fabrics such as wo ol, cotton, nylon, or other synthetic fabrics. (b) "Carpet and upholstery cleaner" includes pr oducts that make fabric protectant claims. (c) "Carpet and upholstery cleaner" does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufactu ring. (39) Charcoal Lighter Material. (a) "Charcoal lighter material" means a combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. (b) "Charcoal lighter material" does not include electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, and fat wood. (40) "Clear, paintable, water resistant caulki ng compound" means a compound which: (a) Contains no appreciable level of opaque fillers or pigments; (b) Transmits most or all visible light through the caulk when cured; (c) Is paintable; and (d) Is immediately resistant to precipitation upon application. (41) "Colorant" means a pigment or coloring ma terial used in a consumer product for an aesthetic effect, or to dramatize an ingredient. (42) "Compliance period" means the period of time, not to exceed 1 year, for whic h the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP agreement. (43) Construction, Panel, and Floor Covering Adhesive. (a) "Construction, panel, and floor covering adhesive" means a one-component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of: (i) Structural and building components incl uding beams, trusses, studs, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, flooring or subflooring, and paneling such as drywall or drywall laminates, fiberglass reinforced plastic, plywood, particle boa rd, insulation board, predecorated hardboard or tileboard; or (ii) Floor or wall coverings including wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring mate rial, mirror tiles and other types of tiles, and artificial grass

. (b) "Construction, panel, and floor covering adhesive" does not include floor seam sealer. (4 4) Consumer. (a) "Consumer" means a person who purchases or acquires a consumer product for personal, family, household, or institutional use. (b) "Consumer" does not include a person who acquires a consumer product for resale. (45) Consumer Product. (a) "Consumer product" means a chemically formulated product used by household or institutional consumers.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 8 Effective as of November 12, 2010 (b) "Consumer product" includes detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, home, lawn, and garden products, disinfectants, sanitizers, aerosol paints, automotive specialty products, and aeroso l adhesives for consumer, industrial, or commercial uses. (c) "Consumer product" does not include paint products other than those listed under §B(45)(b) of this regulation, furniture coatings, or architectural coatings. (46) Contact Adhesive. (a) "Contact adhesive" means an adhesive that: (i) Is designed for application to two 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 impo ssible or difficult to reposition afte r both adhesive-coated surfaces are placed in contact with each other; and (iv) Does not need sustaine d pressure or clamping of surfaces after the adhesive-coa ted surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. (b) "Contact adhesive" does not include rubber cements intended primarily for use on paper substrates and vulcanizing fluids that are designed and labeled for tire repair only. (47) "Contact adhesive—general purpose" m eans any contact adhesive that is not a contact adhesive—special purpose. (48) "Contact adhesive—special purpose" means a contact adhesive that: (a) Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, polytetrafluoroethylene or closely related fluoropolymer (for example, Teflon(r)), ultra-high molecular weight polyethylene, rubber, high pressure laminate, or wo od veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contain more than 8 fluid ounces; (b) Is used in automotive applications that are: (i) Automotive under-the-hood applications requiring heat, oil, or gasoline resistance; and (ii) Body-side molding, automotive weather stripping, or decorative trim. (49) "Contact person" means a representative that has been designated by the res ponsible ACP party for the purpose of reporting or maintaining information specified in the ACP agreement. (50) Container or Packaging. (a) "Container or packaging" means the part or parts of the consumer or institutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap , or store the chemically formulated subs tance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. (b) "Container or packaging" includes an article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed, or attached. (51) Crawling Bug Insecticide. (a) "Crawling bug insecticide" means an insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, includin g, mites, silverfish, and spiders. (b) "Crawling bug insecticide" does not include: (i) A product designed to be used exclusively on humans or animals; or (ii) A product whose label, packaging, or accompanying literature states that th e product is suitable for use against house dust mites, but does not indicate that the product is suita ble for use against ants, cockro aches, or other household craw ling arthropods. (52) "Date-code" means the day, month, and year on which the c onsumer product was manufactured, filled, or packaged, or a code indicating that date.AIR QUALITY

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26.11.32 Page 9 Effective as of November 12, 2010 (53) Deodorant. (a) "Deodorant" means: (i) For products manufactured before January 1, 2009, a product that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration; and (ii) For products manufactured on or after January 1, 2009, a product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product can be used on or applied to the human axilla to provid e a scent or minimize odor. (b) "Deodorant" includes aerosols, roll-ons, sticks , pumps, pads, creams, and squeeze-bottles. (54) "Deodorant body spray" means: (a) For products manufactured before January 1, 2009, a personal fragrance product with 20 percent or less fragrance; and (b) For products manufactured on or after January 1, 2009, a personal fragrance product with 20 percent or less fragrance, that is designed for application all over the human body to provide a scent. (55) Device. (a) "Device" means an instrument or contrivance other than a firearm that is designed for trapping, destroying, repelling, or mitigating pests, or other forms of plant or animal life other than man and other than bacteria, virus, or other microorgani sms on or in living man or other living animals. (b) "Device" does not include equipment used for the application of pesticides when sold separately from the pesticide. (56) Disinfectant. (a) "Disinfectant" means a product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viru ses on surfaces or inanimate object s and for which the label is regi stered under the Federal Insectici de, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136. (b) "Disinfectant" does not include products: (i) Designed solely for use on humans or animals; (ii) Designed for agricultural use; (iii) Designed solely for use in swimming pools, therapeutic tubs, or hot tubs; and (iv) Which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, genera l purpose cleaners, toilet bowl cleaners, or metal polishes. (57) Distributor. (a) "Distributor" means a person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce. (b) "Distributor" does not include manuf acturers, retailers, or consumers. (58) "Double phase air freshener" means an aerosol air freshener wi th liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion. (59) Dry Cleaning Fluid. (a) "Dry cleaning fluid" means a non-aqueous liquid product designed and labeled exclusively for use on: (i) Fabrics which are labeled "for dry clean only", such as clothing or drapery; or (ii) Upho lstery fabric designed to be cleaned only with wate r-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee. (b) "Dry cleaning fluid" includes products used by commercial dry cleaners and co mmercial businesses that clean fabrics such as draperies at a custom er's residence or work place. (c) "Dry cleaning fluid" does not include spot remover or carpet and upholstery cleaner.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 10 Effective as of November 12, 2010 (60) Dusting Aid. (a) "Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone-based coating. (b) "Dusting aid" does not include pressurized gas duster. (61) Electrical Cleaner. (a) "Electrical cleaner" means a product labe led to remove heavy soils such as grease, grime, or oil from electrical equipment, including electric motors, armatures, relays, electric panels, or generators. (b) "Electrical cleaner" does no t include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressuri zed gas duster, engine degreaser, anti-static product, or products designed to c lean the casings or housings of electrical equipment. (62) Electronic Cleaner. (a) "Electronic cleaner" means a product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic precision equipment such as circuit boards, and the internal components of electronic devices, includi ng but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. (b) "Electronic cleaner" does not include general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products designed to clean the casings or housings of electronic equipment. (63) Energized Electrical Cleaner. (a) "Energized electrical cl eaner" means a product: (i) That is labeled to clean or degrease electrical equipm ent, where cleaning or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component, such as a capacitor; and (ii) Whose label clearly displays the statements: "Energized eq uipment use only. Not to be used for motorized vehicle maintenance, or their parts." (b) "Energized electrical cleaner" does not include el ectronic cleaner. (64) "Enforceable sales" means the total amount of an ACP product, as determined through enforceable sales records expressed to the nearest pound, but excluding product container and packaging sold for use in the State during the applicable compliance period specified in the ACP agreement. (65) Enforceable Sales Record. (a) "Enforceable sales record" means a written, point-of-sale record or other Department-approved system of documentation from which the mass, in pounds less product container and packaging, of an ACP product sold to the end user in the State during the applicab le compliance period can be accurately documented. (b) "Enforceable sales record" includes: (i) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period; (ii) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period if a detailed met hod to verify data comprising th ese summaries is submitted by t he responsible ACP party and approved by the Department; and (iii) Other accurate product sales r ecords approved by the Depart ment as meeting the criteria specified in §B(65)(a) of this regulation. (6 6) "Engine degreaser" means a cleaning product designed to remove grease, grime, oil, and other contaminants from the external surfaces of engines and other mechanical parts. (67) Fabric Protectant. (a) "Fabric protectant" means a product designed to be applied to fabric substrates to: (i) Protect the surface from soiling from dirt and other impurities; orAIR QUALITY

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26.11.32 Page 11 Effective as of November 12, 2010 (ii) Reduce absorption of liquid into the fabric's fibers. (b) "Fabric protectant" does not include waterproofers or products designed for use solely on leather. (68) Fabric Refresher. (a) "Fabric refresher" means a product labeled to neutralize or eliminate odors on nonlaundered fabric, including soft household surfaces, rugs, carpeting, draperies, bedding, automotiv e interiors, footwear, athletic equipment, clothing, or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. (b) "Fabric refresher" does not include anti-static product, carpet and upholstery cleaner, soft household surface sanitizers, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin. (c) For the purposes of this definition on ly, soft household surface sanitizer mean s a product labeled to neutralize or eliminate odors on surfaces listed in §B(68)(a) of this regulatio n whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. 136 et seq.). (69) Facial Cleaner or Soap. (a) "Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face. (b) "Facial cleaner or soap" includes faci al cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. (c) "Facial cleaner or soap" does not includ e prescription drug products, antimicrobi al hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. (70) Fatwood. (a) "Fatwood" means pieces of wood kindling with high, naturally -occurring levels of sap or resin that enhance ignition of the kindling. (b) "Fatwood" does not include kindling with substances added to enhance flammability, such as wax-covered or waximpregnated wood-based products. (71) Flea and Tick Insecticide. (a) "Flea and tick insecticide" means an insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. (b) "Flea and tick insecticide" does not incl ude products that are designed to be used exclusively on humans or animals and their bedding. (72) "Flexible flooring material" means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring. (73) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond to substrates a nonrigid polyvinyl chloride plastic with at least 5 percent by weight of plasticizer content. (74) "Floor and wall covering adhesive remover" means a produc t designed or labeled to remove floor or wall coverings and associated adhesives from the underlying substrate. (75) "Floor coating" means a coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and othe r horizontal surfaces that may be subject to foot traffic. (76) Floor Polish or Wax. (a) "Floor polish or wax" means a wax, polish, or other produc t desi gned to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. (b) "Floor polish or wax" does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, or coatings subject to architectural coatings regulations.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 12 Effective as of November 12, 2010 (77) "Floor seam sealer" means a product designed and labeled exclusively for bonding, fusi ng, or sealing seams between adjoining rolls of installed flexible sheet flooring. (78) Floor Wax Stripper. (a) "Floor wax stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. (b) "Floor wax stripper" does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion. (79) Flying Bug Insecticide. (a) "Flying bug insecticide" means an insecticide product that is designed for use against flying insects or other flying arthropods, such as flies, mosquitoes, moths, or gnats. (b) "Flying bug insecticide" does not include: (i) Wasp and hornet insecticide; (ii) A product designed to be used exclusively on humans or animals; or (iii) A product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths but not from flying insects or other flying arthropods. (80) Footwear or Leather Care Product. (a) "Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other leather articles and components, to maintain, enha nce, clean, protect, or modify the appear ance, durability, or fit including both leat her and nonleather foot apparel. (b) "Footwear or leather care product" does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create extern al protective layers greater than 2 millimeters thick. (81) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C, intended solely to impart an odor or scent or counteract a malodor. (82) Furniture Maintenance Product. (a) "Furniture maintenance product" means a wax, polish, conditioner, or other product designed for the purpose of polishing, protecting, or enhancing fini shed wood surfaces other than floors. (b) "Furniture maintenance product" does not include dusting aids, wood cleaners, and products designed solely for the purpose of cleaning, or products designed to leave a perman ent finish such as stains, sanding sealers, and lacquers. (83) "Furniture coating" means a paint designed for application to room furnishings including cabinets, tables, chairs, beds, and sofas. (84) Gasket or Thread Lock ing Adhesive Remover. (a) "Gasket or thread locking adhesive remover" means a product designed or labeled to remove gaskets or thread locking adhesives. (b) "Gasket or thread locking adhesive remover" includes a product labeled for dual use as: (i) A paint stripper and gasket remover; or (ii) A paint stripper and thread locking adhesive remover. (85) "Gel" means a colloid in which the di sperse phase has combined with the continuous phas e to produce a semisolid material, such as jelly. (8 6) General Purpose Adhesive. (a) "General purpose adhesive" means a nonaerosol adhesive designed for use on a variety of substrates.AIR QUALITY

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26.11.32 Page 13 Effective as of November 12, 2010 (b) "General purpose adhesive" does not include the following: (i) Contact adhesives; (ii) Construction, panel, and floor covering adhesives; (iii) Adhesives designed exclusively for application on one speci fic category of substrates (that is, substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or (iv) Adhesives designed exclusively for use on one specific functio nal category of articles (that is, articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim , weather-stripping, or carpet s). (87) General Purpose Adhesive Remover. (a) "General purpose adhesive remover" means a product designed or labeled to remove cyanoacrylate adhesives as well as nonreactive adhesives or residue from a variety of substrates. (b) "General purpose adhesive remover" includes a product that removes: (i) Thermoplastic adhesives; (ii) Pressure sensitive adhesives; (iii) Dextrine or starch-based adhesives; (iv) Casein glues; (v) Rubber or latex-based adhesives; or (vi) Products that remove stickers, decal s, stencils, or similar materials. (c) "General purpose adhesive remover" does not include floor or wall covering adhesive remover. (88) General Purpose Cleaner. (a) "General purpose cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. (b) "General purpose cleaner" includes: (i) Products designed for general floor cleaning and kitchen or countertop cleaning; and (ii) Cleaners designed to be used on a variety of hard surfaces. (c) "General purpose cleaner" does not include gene ral purpose degreasers or electronic cleaners. (89) General Purpose Degreaser. (a) "General purpose degreaser" means a product labeled to remove or dissolve grease, grime, oil, and other oil-based contaminants from a variety of substrates, includi ng automotive or miscellaneous metallic parts. (b) "General purpose degreaser" does not include: (i) Engine degreaser, general purpose cleaner, adhesive re mover, electronic cleaner, el ectrical cleaner, energized electrical cleaner, or metal polish or cleanser; (ii) Products used exclusively in solvent cleaning tanks or re lated equipment such as cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning mach ines, or products designed to clean miscellaneous metallic parts by immersion in a container; or (iii) Produ cts that are labeled "not for retail sale" and sold exclusively to establishments that manufacture or construct goods or commodities. (90) General-Use Hand or Body Cleaner or Soap. (a) "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. (b) "General-use hand or body cleaner or soap" includes hand or body washes, dual-purpose shampoo body cleaners, shower or bath gels, and moisturizing cleaners or soaps.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 14 Effective as of November 12, 2010 (c) "General-use hand or body cleaner or soap" does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty han d cleaner or soap, medicated astringent/m edicated toner, or rubbing alcohol. (91) Glass Cleaner. (a) "Glass cleaner" means a cleaning pr oduct designed primarily for clea ning surfaces made of glass. (b) "Glass cleaner" does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientif ic equipment, or photocopying machines. (92) Graffiti Remover. (a) "Graffiti remover" means a product labeled to remove spray pa int, ink, marker, crayon, lip stick, nail polish, or shoe polish, from a variety of noncloth or nonfabric substrates. (b) "Graffiti remover" includes products labeled for dual use as both a paint stripper and graffiti remover. (c) "Graffiti remover" does not include paint remover or stripper, nail polish remover, or spot remover. (93) "Gross State sales" means the estimated total State sales, ex pressed to the nearest pound, of an ACP product during a specific compliance period based on either of the following met hods the responsible ACP party demonstrates to the satisfaction of the Department provides an accurate State sales estimate: (a) Apportionment of national or regional sales of the ACP product to State sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represe nted by the State's current population; or (b) Another documented method that provide s an accurate estimate of the total cu rrent State sales of the ACP product. (94) "Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power. (95) Hair Shine. (a) "Hair shine" means a product designed for the primary purpose of creating a shine when applied to the hair. (b) "Hair shine" includes dual-use products designed primarily to impart a sheen to the hair. (c) "Hair shine" does not include hair spray, hair mousse, hair st yling product, hair styling gel, or products of which the primary purpose is to condition or hold the hair. (96) Hair Spray. (a) "Hair spray", for products manufactured before January 1, 2009, means a consumer product designed primarily for dispensing droplets of a resin on and into a hair coiffure to im part sufficient rigidity to the coiffure to establish or retain the style for a period of time; and (b) "Hair spray", for products manufactured on or after January 1, 2009, means a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient ri gidity, to hold, retain, or finish the style of the hair for a period of time and includes aerosol hair sprays, pump hair sprays, spray wa xes, color, glitter, or sparkle hair sprays that make finishin g claims and products that are both a styling and finishing product. (c) "Hair spray" does not include spray products that are intended to aid in styling but do not provide finishing of a hairstyle. (d) Fo r the purposes of this definition: (i) "Finish" or "finishing" means the maintaining and holding of previously styled hair for a period of time; and (ii) "Styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape. (97) "Hair styling gel" means a consumer product manufactured before January 1, 2009, that is a high viscosity product that contains a resin and is designed for the application to hair to aid in styling and sculpting of a hair coiffure. (98) Hair Styling Product. (a) "Hair styling product" means a consumer product manufactured on or after January 1, 2009 that is designed or labeled for the application to wet, damp, or dry hair to aid in defining, shaping, lifting, styling, and sculpting of the hair.AIR QUALITY

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26.11.32 Page 15 Effective as of November 12, 2010 (b) "Hair styling product" includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stic k, temporary hair straightener, wax, spray products that aid i n styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers, and conditioners that make styling claims. (c) "Hair styling product" does not include hair mousse, hair shine, hair spray, or shampoos and conditioners that are rinsed from the hair prior to styling. (d) For the purposes of this definition: (i) "Finish" or "finishing" means the maintaining and holding of previously styled hair for a period of time; and (ii) "Styling" means forming, sculpting, or manipulating the hair to temporarily alter the hair's shape. (99) Heavy-Duty Hand Cleaner or Soap. (a) "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer' s ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. (b) "Heavy-duty hand cleaner or soap" does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicat ed astringent/medicated toner, or rubbing alcohol. (100) Herbicide. (a) "Herbicide" means a pesticide product designed to kill or retard a plant's growth. (b) "Herbicide" does not include products that are for agricultural use, or restricted materials that require a permit for use and possession. (101) "High pressure laminate" means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 pounds per square inch. (102) "High volatility organic compound" means a volatile organic co mpound that exerts a vapor pressure greater than 80 millimeters of mercury when measured at 20°C. (103) "House dust mite" means a mite that feeds primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae. (104) "Household product" means a consumer product that is primarily designed to be used inside or outside of living quarters or residences, including the immediate surroundings that are occupied or intended for occupation by individuals. (105) "HVOC" means a high volatility organic compound, as defined in this chapter. (106) Insecticide. (a) "Insecticide" means a pesticide product that is designed for use against insects or other arthropods. (b) "Insecticide" does not include: (i) Products for agricultural use; (ii) Products for a use which requires a structural pest control license under applicable State laws or regulations; or (iii) Restricted materials that requir e a permit for use and possession. (107) "Insecticide fogger" means an insecticide product designed to re lease all or most of its content, as a fog or mist, into indoor areas during a single application. (108) Institutional Product. (a) "In stitutional product" means a consumer product that is designed for use in the maintenance or operation of an establishment that: (i) Manufactures, transports, or sells goods or co mmodities, or provides services for profit; and (ii) Is engaged in the nonprofit promotion of a par ticular public, educational, or charitable cause.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 16 Effective as of November 12, 2010 (b) "Institutional product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment, which includes government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and p arts centers, health clubs, theaters, and transportation companies. (109) "Institutional use" means use within the lines of or on property necessary fo r the operation of buildings such as hospitals, schools, libraries, aud itoriums, and office complexes. (110) "Label" means a written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon a consumer product or consumer product package, for purposes of branding, identifying, or giving information about the product or the contents of the package. (111) "Laminate repair or edgebanding adhesive" means an aerosol adhesive designed for: (a) The touch-up or repair of items laminated with high pressure laminates such as lifted edges or delaminates; or (b) The touch-up, repair, or attachment of edgebanding materials, including other laminates, synthetic marble, veneers, wood molding, and decorative metals. (112) "Laundry prewash" means a product that: (a) Is designed for application to a fabric before laundering; and (b) Supplements and contributes to the effectiveness of laundry detergents. (113) Laundry Starch Product. (a) "Laundry starch product" means a prod uct that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look. (b) "Laundry starch product" includes fabric finish, sizing, and starch. (114) "Lawn and garden insecticide" means an insecticide produc t labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. (115) Liquid. (a) "Liquid" means a substance or mixture of substances that is capable of a visually detectab le flow as determined under ASTM D4359-90(2000)el. (b) "Liquid" does not include powders or other ma terials composed entirely of solid particles. (116) Lubricant. (a) "Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. (b) "Lubricant" does not include: (i) Automotive power steering fluids; (ii) Products for use inside power generating motors, engines, and turbines and their associated power-transfer gearboxes; (iii) Two-cycle oils or other products designed to be added to fuels; (iv) Products for use on the human body or animals; or (v) Products that are labeled "not for retail sale" and sold ex clusively to establishments that manufacture or construct goods or commodities. (117) "LVP content" means the total weight in pounds of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest tenth of a percent. ( 118) "Low Vapor Pressure-VOC" means: (a) A chemical compound or mixture that contains at least one carbon atom with a vapor pressure less than 0.1 millimeters of mercury at 20°C, as determined by CARB Method 310;AIR QUALITY

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26.11.32 Page 17 Effective as of November 12, 2010 (b) A chemical compound with more than 12 carbon atoms or a chemical mixture comprised solely of compounds with more than 12 carbon atoms as verified by formulation data, and with unknown vapor pressure and boiling point; (c) A chemical compound that contains at least one carbon atom with a boiling point greater than 216°C, as determined by CARB Method 310; or (d) A weight percent of a chemical mixtur e that contains at least one carbon at om and that boils above 216°C, as determined by CARB Method 310. (119) "Manufacturer" means a person who imports, manufactures, a ssembles, produces, packages, repackages, or relabels a consumer product. (120) Medicated Astringent/Medicated Toner. (a) "Medicated astringent/medicated toner" means a product regulated as a drug by the U.S. Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores. (b) "Medicated astringent/medicated toner" includes clarifiers and substrate-impregnated products. (c) "Medicated astringent/medicated toner" does not includ e: hand, face, or body cl eaner or soap products, astringent/toner, cold creams, lotions, antiperspirants, or pro ducts that must be purchased with a doctor's prescription. (121) "Medium volatility organic compound (MVOC)" means a vola tile organic compound that exerts a vapor pressure greater than 2 millimeters of mercury, and less than or equa l to 80 millimeters of mercury, when measured at 20°C. (122) Metal Polish or Cleanser. (a) "Metal polish or cleanser" means a product designed primaril y to improve the appearance of finished metal, metallic, or metallized surfaces, by physical or chemical action, for the pu rpose of removing or reducing stains, impurities, or oxidatio n from surfaces or making su rfaces smooth and shiny. (b) "Metal polish or cleanser" includes metal polishes used on brass, silver, chrome, copp er, stainless steel, and other ornamental metals. (c) "Metal polish or cleanser" does not include: (i) Automotive wax, polish, sealant or glaze; (ii) Wheel cleaner; (iii) Paint remover or stripper; (iv) Products designed and labeled exclusively for automotive and marine detailing; or (v) Products designed for use in degreasing tanks. (123) "Missing data days" means the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP agreement. (124) Mist Spray Adhesive. (a) "Mist spray adhesive" means an aerosol that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate. (b) "Mist spray adhesive" does not include a special purpose spray adhesive. (125) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, or other dra wn or printed medium onto a backing (paper, board, cloth, or similar items) without causing discoloration to the medium.

(126) "Multi-purpose dry lubricant" means a lubricant that is: (a) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), polytetrafluoroethylene, or closely related fluoropolymer (teflon) on surfaces; and (b) Designed for general purpose lubrication, or for use in a wide variety of applications.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 18 Effective as of November 12, 2010 (127) Multi-Purpose Lubricant. (a) "Multi-purpose lubricant" means a lubricant designed for general purpose lubrication, or for use in a wide variety of applications. (b) "Multi-purpose lubricant" does not include multi-purpose dr y lubricants, penetrants, or silicone-based multi-purpose lubricants. (128) Multi-Purpose Solvent. (a) "Multi-purpose solvent" means an organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing, or dissolving other organic materials. (b) "Multi-purpose solvent" includes solvents used in institu tional facilities, except for laboratory reagents used in analytical, educational, research, scientific, or other laboratories. (c) "Multi-purpose solvent" does not include solvents: (i) Used in cold cleaners, vapor degreasers, conveyor ized degreasers, or film cleaning machines; or (ii) That are incorporated into, or used exclusively in the manufacture or construction of , the goods or commodities at the site of the establishment. (129) "MVOC" means a medium volatility organic compound, as defined in this section. (130) "Nail polish" means a clear or colored coating such as lac quers, enamels, acrylics, base coats, and top coats designed for application to the fingernails or toenails. (131) "Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails. (132) "Nonaerosol product" means a consum er product that is not dispensed by a pressurized spray system. (133) "Noncarbon containing compound " means a compound that does not contain carbon atoms. (134) Nonresilient Flooring (a) "Nonresilient flooring" means flooring of a mineral content that is not flexible. (b) "Nonresilient flooring" includes terrazzo, marble, slat e, granite, brick, stone, ceramic tile, and concrete. (135) "Nonselective terrestrial herbicide" means a terrestrial herb icide product that is toxic to plants without regard to species. (136) "One-product business" means a responsible ACP party that se lls, supplies, offers for sale, or manufactures for use in the State only one distinct: (a) ACP product that is sold under one product brand name and subject to the requirements of Regulations .04 —.10 of this chapter; or (b) ACP product line subject to the requirements of Regulations .04—.10 of this chapter, in which all the ACP products belong to the same product category or categories and the VOC co ntents in the products are within 98 percent and 102 percent of the arithmetic mean of the VOC cont ents over the entire product line. (137) "Oven cleaner" means a cleaning product designed to clean and remove dried food deposits from oven walls. (138) "Paint" means a pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is: (a) Converted to an opaque solid film after application; and (b ) Used for protection, decoration, or identification, or to se rve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics. (139) Paint Remover or Stripper. (a) "Paint remover or stripper" means a product designed to stri p or remove paints or other related coatings, by chemical action, from a substrate without ma rkedly affecting the substrate.AIR QUALITY

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26.11.32 Page 19 Effective as of November 12, 2010 (b) "Paint remover or stripper" does not include multi-purpose solvents, paintbrush cleaners, products designed and labeled as graffiti removers, or hand cleaner products that cl aim to remove paints and other related coatings from skin. (140) Penetrant. (a) "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. (b) "Penetrant" does not include multi-purpose lubricants that claim to have penetrating qualities but are not labeled primarily to loosen bonded parts. (141) Personal Fragrance Product. (a) "Personal fragrance product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water. (b) "Personal fragrance product" does not include: (i) Deodorant; (ii) Medicated products designed primarily to alleviate fungal or bacter ial growth on feet or other areas of the body; (iii) Mouthwashes, breath fresheners, and deodorizers; (iv) Lotions, moisturizers, powders, or other skin care produc ts used primarily to alleviate skin conditions such as dryness and irritations; (v) Products designed exclusively for use on human genitalia; (vi) Soaps, shampoos, and products primarily used to clean the human body; and (vii) Fragrance products designed to be used exclusively on nonhuman animals. (142) Pesticide. (a) "Pesticide" means a substance or mixture of substances labeled, designed, or intended for use: (i) In preventing, destroying, repelling, or mitigating pests; or (ii) As a defoliant, desiccant, or plant regulator. (b) "Pesticide" does not include a substance, mixture of substances, or device that the U.S. Environmental Protection Agency does not consider a pesticide. (143) "Plasticizer" means a material, such as a high boiling point organic solvent, that: (a) Is incorporated into a plastic to increase its flexibility, workability, or distensibility; and (b) May be determined using ASTM Method E260-96 or from product formulation data. (144) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates. (145) "Polystyrene foam adhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates. (146) "Pre-ACP VOC content" means the lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accu rate records available to the Department, whichever yields the lowest VOC conten t for the product. (147) Pressurized Gas Duster. (a) "Pressurized gas duster" means a pressuri zed product labeled to remove dust fr om a surface solely by means of mass air or gas flow, including surfaces such as photographs, photogra phic film negatives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents. (b) "Pressurized gas duster" does not include dusting aid. (148) "Principal display panel or panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display or purchase.DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 20 Effective as of November 12, 2010 (149) "Product brand name" means the name of the product exactly as it appears on the principal display panel of the product. (150) "Product category" means the applicable category that best describes the product as listed in Regulations .03 and .04B of this chapter. (151) "Product form" means the applicable fo rm that most accurately describes the product's dispensing form, such as aerosol product, solid, pump spray, liquid, or gel as follows: (a) A = Aerosol Product: (i) S = Solid; (ii) P = Pump Spray; (iii) L = Liquid; and (iv) SS = Semisolid; and (b) O = Other. (152) "Product line" means a group of products of identical form and function belonging to the same product category or categories. (153) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container. (154) "Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping ac tion is applied to a button, trigger, or other actuator. (155) "Reconcile or reconciliation" means to provide sufficient VOC emission reductions to completely offset shortfalls generated under the ACP during an applicable compliance period. (156) "Reconciliation of shortfalls plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department under Regulation .23 of this chapter. (157) "Removable caulking compound" means a compound that temporarily seals windows or doors for 3 to 6 month time intervals. (158) "Responsible party" means: (a) The company, firm, or establishment that is listed on the product's label; or (b) If the label lists two companies, the firms or establishments which the product was "manufactured for" or "distributed by", as noted on the label. (159) "Responsible ACP party" means: (a) The company, firm, or establishment listed on the ACP product's label; or (b) If the label lists two or more companies, firms, or establishments, the party which the ACP product was "manufactured for" or "distributed by", as noted on the label. (160) "Restricted materials" means pesticides established as restri cted use pesticides as classified by Agriculture Article, Title 5, Annotated Code of Maryland, the federal government, or the Maryland Secretary of Agriculture. (161) "Retailer" means a person who sells, supplies, or offers consumer products for sale directly to consumers. (162) "Retail outlet" means an establishment at which consumer prod ucts are sold, supplied, or o ffered for sale directly to

consumers. (163) "Roll-on product" means an antiperspirant or deodorant th at dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area. (164) Rubber and Vinyl Protectant. (a) "Rubber and vinyl protectant" means a product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, or household products such as vi nyl covers, clothing, and accessories.AIR QUALITY

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26.11.32 Page 21 Effective as of November 12, 2010 (b) "Rubber and vinyl protectant" does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, or tire cleaners that do not leav e an appearance-enhancing or protective substance on the tire. (165) "Rubbing alcohol" means a product containing isopropyl alcohol or denatured ethanol and labeled for topical use: (a) To decrease germs in minor cuts and scrapes; (b) To relieve minor muscle aches, as a rubefacient; and (c) For massage. (166) Sealant and Caulking Compound. (a) "Sealant and caulking compound" means a pr oduct with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. (b) "Sealant and caulking compound" does not include roof cements and roof sealants, insulating foams, removable caulking compounds, cl ear, paintable, water resistant caulk ing compounds, floor seam sealers, products designed exclusively for automotive uses, or sealers that ar e applied as continuous coatings. (167) "Semisolid" means a product that at room temperature will not pour but will spread or deform easily, such as gels, pastes, and greases. (168) Shaving Cream. (a) "Shaving cream" means an aerosol product th at dispenses foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system in the removal of facial or other bodily hair. (b) "Shaving cream" does not include shaving gel. (169) Shaving Gel. (a) "Shaving gel" means an aerosol product, which dispenses a post-foaming semisolid designed for use with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. (b) "Shaving gel" does not include shaving cream. (170) Shortfall. (a) "Shortfall" means the ACP emissions minus the ACP limit wh en the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC. (b) "Shortfall" does not include emissions o ccurring before the date that the ACP agreement is signed by the Department. (171) Silicone-Based Multi-Purpose Lubricant. (a) "Silicone-based multi-purpose lubricant" means a lubricant which is designed and labeled: (i) To provide lubricity primarily through the use of silicone compounds such as polydimethylsiloxane; and (ii) For general purpose lubrication, or for use in a wide variety of applications. (b) "Silicone-based multi-purpose lubricant" does not include products designed and labeled exclusively to release manufactured products from molds. (172) "Single phase aerosol air freshener" mean s an aerosol air freshener with its liquid contents in a single homogeneous phase and does not require that the product container be shaken before use. (173) "S olid" means a substance or mixture of substances that, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D4359-90 (2000)e1. (174) "Special purpose spray adhesive" means one or more of the following aerosol adhesives: (a) Mounting adhesive; (b) Flexible vinyl adhesive; (c) Polystyrene foam adhesive; (d) Automobile headliner adhesive;DEPARTMENT OF THE ENVIRONMENT 26.11.32.03

26.11.32 Page 22 Effective as of November 12, 2010 (e) Polyolefin adhesive; (f) Laminate repair or edgebanding adhesive; or (g) Automotive engine compartment adhesive. (175) Specialty Adhesive Remover. (a) "Specialty adhesive remover" means a product designed to remove from a variety of substrates reactive adhesives including epoxies, urethanes, and silicones that require a hardener or catalyst in order for the bond to occur. (b) "Specialty adhesive remover" does not include gasket or thread locking adhesive remover. (176) Spot Remover. (a) "Spot remover" means a product labeled to clean localized areas or remove localized spots or stains on cloth or fabric, such as drapes and clothing, that does not require subsequent laundering to achieve stain removal. (b) "Spot remover" does not include dry cleaning fl uid, laundry prewash, or multi-purpose solvent. (177) "Spray buff product" means a product designed to restore a worn floor finish with a floor buffing machine and special pad. (178) "State sales" means the sales in the State, if available, or sales estimated by incorporating national or regional sales data by population, expressed as net pounds of product, less packaging and container: (a) For the calendar year immediately before th e year that the registration is due; or (b) If the data in §B(178)(a) of this regulation is not availa ble, for a consecutive 12-month period beginning not earlier than 2 years before the due date of the registration. (179) "Stick product" means an antiper spirant or deodorant that contains active ingredients in a solid matrix form and dispenses the active ingredients by fr ictional action on the affected area. (180) "Structural waterproof adhesive" means an adhesive: (a) Whose bond lines are resistant to conditions of continuous immersion in fresh or salt water; and (b) That conforms with Federal Specification MMM-A-181D (Type 1, Grade A) of the Federal Consumer Products Regulation 40 CFR Part 59, Subpart C. (181) Surplus Reduction. (a) "Surplus reduction" means the ACP limit minus the ACP emissions expressed to the nearest pound of VOC when the ACP limit was greater than the ACP emissions during a given compliance period. (b) Except as provided in this chapter, "surplus reduction" does not include emissions occurring before the date that the ACP agreement is signed by the Department. (182) "Surplus trading" means the buying, selling, or transfer of surplus reductions between responsible ACP parties. (183) "Table B compound" means a carbon-conta ining compound that is an exception to the definition of VOC in COMAR 26.11.01.01B(53). (184) "Terrestrial" means living on or growing from land. (185) "Tire sealant and inflation" means a pre ssurized product that is designed to tem porarily inflate and s eal a leaking tire. (186) Toilet and Urinal Care Product. (a) "Toilet and urinal care product" means any product designed or labeled to clean or to deodorize toilet bowls, toilet tanks, or urinals. (b) For purposes of this definition, toilet bowls, toilet tanks, or urinals include: (i) Toilets or urinals connected to permanent plumbing in buildings and other structures; (ii) Portable toilets or urinals placed at temporary or remote locations; and (iii) Toilets or urinals in vehicles such as buses, recr eational motor homes, boats, ships, and aircraft.AIR QUALITY

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26.11.32 Page 23 Effective as of November 12, 2010 (c) "Toilet and urinal care product" does not include bathroom and tile cleaner or general purpose cleaner. (187) "Total maximum historical emissions (TMHE)" means the total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records and that are: (a) Determined by calculating emissions of each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the require d VOC content or enforceable sales records; (b) Expressed to the nearest pound and calcula ted according to the following calculation: TMHE = (MHE) 1 + (MHE) 2 +

. . . + (MHE) N where: (i) MHE = (Highest VOC Content × Highest Sales) × Missing Data Days / 100 × 365; (ii) Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party fails to report all the required VOC content data (for any portion of the compliance period), as specified in the ACP agreement approving th e ACP, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire complia nce period), as specified in the ACP agreement; (iii) Highest Sales = the maximum 1 year gross State sales of the ACP product in the previous 5 years, if the responsible ACP party fails to report all required enforceable sa les records (for any portion of the compliance period), as spe cified in the ACP agreement approving the ACP, or the current actual 1-year en forceable sales for the produc t, if the responsible ACP party has provided all required enforceabl e sales records (for the entir e compliance period), as speci fied in the ACP agreement approving the ACP; (iv) Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sa les records or VOC content data as specified in the ACP agreement; (v) 1, 2, . . . , N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required enforceable sale s records or VOC content data as specified in the ACP agreement. (188) "Type A propellant" means a compressed gas such as carbon dioxide (CO 2 ), nitrogen (N 2 ), nitrogen oxide (N 2 O), or compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber wit hin the product's packaging. (189) "Type B propellant" means a halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). (190) "Type C propellant" means a propellant that is not a Type A or Type B propellant, including propane, isobutane, nbutane, and dimethyl ether. (191) Undercoating. (a) "Undercoating" means an aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to deaden sound. (b) "Undercoating" includes rubberized, mastic, or asphaltic products. (192) "Usage directions" means the text or graphics on the pr oduct's principal display panel, label, or accompanying literature that describes to the end user how an d in what quantity the product is to be used. (193) "Vinyl/fabric/leather/polycarbonate coati ng" means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates. (194) VOC Content. (a) "VOC content" means, except for charco al lighter products, the total weight of VOC in a product expressed as a percentage of the product weight, excluding the container or packaging, as determined under Regulation .16A and B of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.32.04

26.11.32 Page 24 Effective as of November 12, 2010 (b) "VOC content" means, for charcoal lighter material products only, VOC Content = (Certified Emissions × 100) / Certified Use Rate where: (i) Certified Emissions = the emissions level for products approved by the Department under Regulation .05 of this chapter, as determined under South Coast Air Quality Manageme nt District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH 2 per start; (ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. (195) "Wasp and hornet insecticide" means an insecticide product that is designed for use agains t wasps, hornets, yellow jackets, or bees by allowing the user to spray from a distance a directed stream or burst at the insects or their hiding place. (196) Waterproofer. (a) "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. (b) "Waterproofer" does not include fabric protectants. (197) Wax. (a) "Wax" means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers. (b) "Wax" includes substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene. (198) "Web spray adhesive" means an aerosol adhesive that is not a mist spray or special purpose spray adhesive. (199) Wood Cleaner. (a) "Wood cleaner" means a product labeled to clean wooden materials including decking, fences, flooring, logs, cabinetry, and furniture. (b) "Wood cleaner" does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and labeled exclusively to preserve or color wood. (200) "Wood floor wax" means wax-based products for use solely on wood floors. (201) "Working day" means a day between Monday and Friday, inclusive, except days that are federal holidays.

.04 Standards — General. A. Except as provided in Regulations .01, .04D, .08, .09, .10, .11, .12, .15, and .17—.26 of this chapter, a person may not sell, supply, offer for sale, or manufacture for sale in the State a c onsumer product manufactured on or after the effective date in §B of this regulation that contains volatile organic compounds (VOC) in excess of the limits specified in §B of this regulation.

B. VOC limits, expressed as percent volatile organic compounds by weight, except as otherwise indicated are as follows:

Table 1. VOC Standards.
Product Category VOC Limits Effective 1/1/2005 VOC Limits Effective 1/1/2009 Adhesive Removers: Floor or Wall Covering 5 Gasket or Thread Locking 50 General Purpose 20 Specialty 70AIR QUALITY

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26.11.32 Page 25 Effective as of November 12, 2010 Product Category VOC Limits Effective 1/1/2005 VOC Limits Effective 1/1/2009 Adhesives: Aerosol Mist Spray 65 Aerosol Web Spray 55 Special Purpose Spray Adhesives: Mounting, Automotive Engine Compartment, and Flexible Vinyl 70
Polystyrene Foam and Auto motive Headliner 65 Polylolefin and Laminate Repair/Edge Banding 60 Construction, Panel, and Floor 15
Contact 80 NA Contact General Purpose 55 Contact Special Purpose 80 General Purpose 10 Structural Waterproof` 15 Air Fresheners: Single-Phase Aerosols 30 Double-Phase Aerosols 25 Liquids/Pump Sprays 18 Solids/Semisolids 3 Antiperspirants: Aerosol 40 HVOC
10 MVOC Non-Aerosol 0 HVOC
0 MVOC Anti-Static Product, Non-Aerosol 11 Automotive Brake Cleaners 45 Automotive Rubbing or Polishing Compound 17 Automotive Wax, Polish, Sealant or Glaze: Hard Paste Waxes 45 Instant Detailers 3 All Other Forms 15 Automotive Windshield Washer Fluids 35 Bathroom and Tile Cleaners: Aerosols 7 All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-Injection Air Intake Cleaners 45 Carpet and Upholstery Cleaners:DEPARTMENT OF THE ENVIRONMENT 26.11.32.04

26.11.32 Page 26 Effective as of November 12, 2010 Product Category VOC Limits Effective 1/1/2005 VOC Limits Effective 1/1/2009 Aerosols 7 Non-Aerosols (Dilutables) 0.1 Non-Aerosols (Ready-to-Use) 3.0
Charcoal Lighter Material Regulation .05 of this chapter Cooking Sprays, Aerosols 18 Deodorants: Aerosol 0 HVOC
10 MVOC Non-Aerosol 0 HVOC
0 MVOC Dusting Aids: Aerosols 25 All Other Forms 7 Electrical Cleaner 45 Electronic Cleaner 75 Engine Degreasers: Aerosol 35 Non-Aerosol 5 Fabric Protectants 60 Fabric Refresher: Aerosol 15 Non-Aerosol 6 Floor Polishes/Waxes: Products for Flexible Flooring Materials 7 Products for Nonresilient Flooring 10 Wood Floor Wax 90
Floor Wax Strippers, Non-Aerosol Regulation .07 of this chapter Footwear or Leather Care Products Aerosol 75 Solid 55 Other forms 15 Furniture Maintenance Products: Aerosols 17 All Other Forms Except Solid or Paste 7 General Purpose Cleaners: Aerosols 10 Non-Aerosols 4AIR QUALITY

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26.11.32 Page 27 Effective as of November 12, 2010 Product Category VOC Limits Effective 1/1/2005 VOC Limits Effective 1/1/2009 General Purpose Degreasers: Aerosols 50 Non-Aerosols 4 Glass Cleaners: Aerosols 12 Non-Aerosols 4 Graffiti Remover: Aerosol 50 Non-Aerosol 30 Hair Mousses 6 Hairshines 55 Hairsprays 55 Hair Styling Gels 6 Hair Styling Products: Aerosol and pump sprays 6 All other forms 2 Heavy-Duty Hand Cleaner or Soap 8 Insecticides: Crawling Bug (Aerosol) 15 Crawling Bug (All other forms) 20 Flea and Tick 25 Flying Bug (Aerosol) 25 Flying Bug (All other forms) 35 Foggers 45 Lawn and Garden (All other forms) 20 Lawn and Garden (Non-Aerosol) 3 Wasp and Hornet 40 Laundry Prewash: Aerosols/Solids 22 All Other Forms 5 Laundry Starch Products 5 Metal Polishes/Cleansers 30 Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50

Nail Polish Remover 75 Non-Selective Terrestrial Herbicide Non-Aerosols 3DEPARTMENT OF THE ENVIRONMENT 26.11.32.04

26.11.32 Page 28 Effective as of November 12, 2010 Product Category VOC Limits Effective 1/1/2005 VOC Limits Effective 1/1/2009 Oven Cleaners: Aerosols/Pump Sprays 8 Liquids 5 Paint Remover or Strippers 50
Penetrants 50 Rubber and Vinyl Protectants: Non-Aerosols 3 Aerosols 10 Sealants and Caulking Compounds 4 Shaving Creams 5 Shaving Gel 7 Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 60
Spot Removers: Aerosols 25 Non-Aerosols 8 Tire Sealants and Inflators 20 Toilet/Urinal Care: Aerosol 10 Non-Aerosol 3 Undercoatings, Aerosols 40 Wood Cleaner: Aerosol 17 Non-Aerosol 4
NA = Not applicable after January 1, 2009 B-1. A person may not sell, supply, offer for sale, or manufacture for sale in the State any antiperspirant or deodorant which contains any compound that has been identified by the CARB in T itle 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000 as a toxic air contaminant.
C. Products that are Diluted Before Use. (1) Products Diluted with Water or Non-VOC Solvent. (a) For consumer products for which the labe l, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent before use, the limits specified in §B of this regulation apply to the product only after the minimum recommended dilution has taken place. (b) For purposes of this subsection, "minimum recommended dilution" does not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains. (2) Products Diluted with VOC Solvent. For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with a VOC solvent before use, the limits specified in §B of this regulation apply to the product only after the maximum r ecommended dilution has taken place.

D. Products Registered under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). For a consumer product that is registered under the FIFRA (U.S.C. §§136-136y), the effective date of the VOC standards is 1 year after the date specified in § B of this regulation.AIR QUALITY

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26.11.32 Page 29 Effective as of November 12, 2010 E. Products containing Ozone-Depleting Compounds. For a consumer product for which standards are specified under §B of this regulation, a person may not cause a violation of the requirements of 40 CFR Part 82.

F. Sell-Through of Products. (1) Sell-Through Period. Notwithstanding the provisions of §B of this regulation and Regulation .06 , .07, .08, .09, or .10 of this chapter, a consumer product manufactured prior to each of the effective date s specified for that product in Table 1 of §B of this regulation may be sold, supplied, or offered for sale after each of the specified effective dates. (2) Section F(1) does not apply to: (a) Any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, in accordance with Regulation .13A of this chapter; or (b) Solid air fresheners and toilet or urinal care products that contain paradichlorobenzene, which are subject to the 1- year sell-through period specified in Regulation .10 of this chapter.

.05 Standards — Requirements for Ch arcoal Lighter Materials. A. The requirements of this regulation apply to a charcoal lighter material product as defined in Regulation .03B of this chapter.

B. Regulatory Standards. (1) A person may not sell, supply, or offer for sale after January 1, 2005, a charcoal lighter material product unless at the time of the transaction the following conditions are met: (a) The manufacturer demonstrates that it has been issued a currently effective certification by the CARB under the Consumer Products provisions of Subchapter 8.5, Article 2, Sec tion 94509(h), of Title 17 of the California Code of Regulations, which remains in effect for the State as long as the CARB certification remains in effect; (b) The manufacturer or distributor of the charcoal lighter material has been i ssued a currently ef fective certification under §C of this regulation; (c) The charcoal lighter material meets the formulation crite ria and other conditions specified in the applicable ACP agreement issued under §C of this regulation; and (d) The product usage directions for the char coal lighter material are the same as those provided to the Department under §C of this regulation. (2) A manufacturer claiming a certification on the basis of §B(1)(a) of this regulation shall submit to the Department a copy of the certification decision (that is, the Executive Order), in cluding all conditions established by CARB applicable to the certification.
C. Certification Requirements. (1) A charcoal lighter material formulation may not be certified under this regulation unless the applicant for certification demonstrates to the Department's satisfact ion that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to 0.02 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the "South Coast Air Quality Management District Rule 1174 Testing Protocol"). (2) The Department may approve alternative test procedures which are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol. (3) A manufacturer or distributor of charcoal lighter material may apply to the Department for certification of a charcoal lighter material formulation under §D of this regulation. (4) Completeness of Application Information. (a) On receipt and review of an application, the Depa rtment shall advise the applican t in writing either that it is complete or that specified additional information is required to make it complete. (b) On receipt and review of additional in formation requested, the Department sha ll advise the appli cant in writing if testing is still required before the application can be deemed complete.DEPARTMENT OF THE ENVIRONMENT 26.11.32.06

26.11.32 Page 30 Effective as of November 12, 2010 (5) The Department shall act on a complete application after th e application is deemed complete. If the Department finds that an application meets the requirements of §C of this regulation, then an ACP ag reement shall be issued certifying the charc oal lighter material formulation and specifying the conditions necessary to ensure that th e requirements of this regulation are met

. D. Application for Certification. (1) An application for certification of a ch arcoal lighter material formulation shall be in writing and include the following: (a) Results of testing conducted under the South Coast Air Quality Management District Rule 1174 Testing Protocol; (b) Exact text and graphics that clearly show the usage directions for the charcoal lighter material and that appear on the product's principal display panel, la bel, and accompanying literature; and (c) Physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and, if necessary, for use in determining compliance with the conditions specified in the ACP agreement. (2) Usage directions referenced in §D(1)(b) of this regulation shall accurate ly reflect the quantity of charcoal lighter material per pound of charcoal that was used under the South Co ast Air Quality Management District Rule 1174 Testing Protocol for the product, unless the: (a) Charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or (b) Charcoal lighter material is already incorporated into the charcoal, such as ce rtain "bag light", "instant light", or "match light" products.

E. Notice of Modifications. For a charcoal lighter material for which certification has been granted, the applicant for certification shall notify the Departme nt in writing within 30 days of: (1) A change in the usage directions; or (2) A change in product formulation, test results, or other in formation submitted under §C of this regulation which may result in VOC emissions greater than 0.02 pound of VOC per start.

F. Revocation or Modification of Ce rtification. If the Department determines that a certified charcoal lighter material formulation results in VOC emissions from the ignition of char coal which are greater than 0.02 pound of VOC per start as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol, the Department shall revoke or modify the certification as is necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.02 pound of VOC per start.

.06 Standards — Requirements for Aerosol Adhesives. A. The standards for aerosol adhesives under Regulation .04B of this chapter apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in Regulations .01, .08, .11, .12, and .15 of this chap ter, a person may not sell, supply, offer for sale, use, or manufacture for sale in the State an aerosol adhesive which, at the time of sale, use, or manufacture, contains VO Cs in excess of the specified standard.

B. Special Purpose Spray Adhesives. (1) To qualify as a "special purpose spray adhesive" a product shall meet one or more of the terms specified in Regulation .03B(174) of this chapter. (2) If t he label of an aerosol adhesive product indicates that the product is suitable for use on a substrate or application not listed in Regulation .03B(174) of this chapter as one of the definitions for "special purpose spray adhesive", then the product shall be classified as either a "web spray adhesive" or a "mist spray adhesive". (3) If a product meets more than one of the definitions specified in Regulation .03B of this chapter for "special purpose spray adhesive" and is not classified as a "web spray adhesive" or "mist spray adhesive" under §B(2) of this regulation, then t he VOC limit for the product shall be the lowest applicable VO C limit specified in Regulation .04B of this chapter.
C. Effective January 1, 2005, a person may not sell, supply, offer for sale, or manufacture for use in the State an aerosol adhesive which contains one or more of the following compounds: (1) Methylene chloride;AIR QUALITY

26.11.32.09

26.11.32 Page 31 Effective as of November 12, 2010 (2) Perchloroethylene; or (3) Trichloroethylene.

D. A person who manufactures an aerosol adhesive shall comply with the labeling requirements specified in Regulation .13C of this chapter.

.07 Standards — Requirements for Floor Wax Strippers. A person may not sell, supply, offer for sale, or manufacture, for use in the State, a floor wax stripper unless the following requirements are met:
A. The label of each non-aerosol floor wax st ripper shall specify a dilution ratio for li ght or medium build-up of polish that results in an as-used VOC concentration of 3 percent by weight or less;

B. If a non-aerosol floor wax stripper is intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper shall specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent by weight or less; and
C. The terms "light build-up", "medium build-up", or "heavy build-up" are not specifically required on the product label if comparable terminology is used.

.08 Requirements for Contact Adhesives, Electronic Cleaners, Footwear, or Leather Care Products, and General Purpose Degreasers. A. Except as provided in §§B and D of this regulation, effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use in the State any cont act adhesive, electronic clean er, footwear or leather care product, or general purp ose degreaser that contains any of the following compounds: (1) Ethylene chloride; (2) Perchloroethylene; or (3) Trichloroethylene.

B. Sell-Through of Products. Contact adhesives, electronic cleaners, footwear, or leather care products, and general purpose degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2009 may be sold, supplied, or offered for sale until January 1, 2012, if: (1) The product container or package displays the date on which the product was manufactured; or (2) A code indicates such date in accordance with Regulation .13A of this chapter.
C. A person who sells or supplies a consumer product identified abov e in §A of this regulation shall notify the purchaser of the product in writing that the sell-through period for that produ ct will end on January 1, 2012, if both of the following conditio ns are met: (1) The product is sold or supplied to a distributor or retailer; and (2) The product is sold or supplied on or after June 30, 2011.

D. Impurities. The requirements in §§A and C of this regulatio n do not apply to any contact adhesive, electronic cleaner, footwear, or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

.09 Requirements for Adhesive Removers, Elect rical Cleaners, and Graffiti Removers. A. Except as provided in §§B and D of this regulation, effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use in the State any adhesive remover, elect rical cleaner, or graffiti remover that contains any of the foll owing

com pounds:

(1) Methylene chloride; (2) Perchloroethylene; or (3) Trichloroethylene.DEPARTMENT OF THE ENVIRONMENT 26.11.32.10

26.11.32 Page 32 Effective as of November 12, 2010 B. Sell-Through of Products. Adhesive re movers, electrical cleaners, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured befo re January 1, 2009, may be sold, supplied, or offered for sal e until January 1, 2012, if: (1) The product container or package displays the date on which the product was manufactured; or (2) A code indicates such date, in accordance with Regulation .13A of this chapter.
C. Any person who sells or supplies a consumer product identified in §A of this regulation sha ll notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2012 if both of the following condition s are met: (1) The product is sold or supplied to a distributor or retailer; and (2) The product is sold or supplied on or after June 30, 2011.

D. Impurities. The requirements of §§A and C of this regulation do not apply to any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

.10 Requirements for Solid Air Fresheners and Toilet and Urinal Care Products. A. Effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use in the State any solid air fresheners or toilet and urinal care products that contain paradichlorobenzene, except that solid air fresheners, toilet and ur inal care products that contain paradichlorobenzene and were manufactured before January 1, 2009, may be sold, supplied, or offered for sale until January 1, 2010, if the product container or package displays: (1) The date on which the product was manufactured; or (2) A code indicating such date in accordance with Regulation .13A of this chapter.

B. A person who sells or supplies any solid air freshener or toilet and urinal care product that contains paradichlorobenzene shall notify the purchaser of the product in writing that the sell-through period for the product will end on January 1, 2010, if both of the following conditions are met: (1) The product is sold or supplied to a distributor or retailer; and (2) The product is sold or supplied on or after June 30, 2009.

.11 Innovative Products — CARB Exemption. A. A manufacturer of a consumer product that has been granted an innovative product exemption by the CARB under the innovative products provisions in Subchapter 8.5, Article 2, S ection 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Ti tle 17 of the California Code of Regulations is exempt from the standards in Regulation .04B of this chapter for as long as the CAR B innovative products exemption remains in effect and all consum er products within the CARB innovative products exemption are contained in Regulation .04B of this chapter.

B. A manufacturer that has a CARB innovative product exemption shall submit to the Department a copy of the CARB innovative product exemption decision (that is, the Executive Order), including all conditions established by CARB applicable t o the exemption.

.12 Innovative Products — Department Exemption. A. A manufacturer of a consumer product that has not been granted an exemption by the CARB may seek an innovative products exemption in accordance with this regulation.

B. For the purposes of this regulation, "representative consumer product" means a consumer product that: (1) Is subject to the same VOC limit in Regulation .04B of this chapter as the innovative product; (2 ) Is of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the time the application is made; and (3) Has at least similar efficacy as other consumer products in the same produc t category based on tests accepted for that product category by the consumer products industry.AIR QUALITY

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26.11.32 Page 33 Effective as of November 12, 2010 C. Exemption Criteria. (1) The Department shall exempt a consumer product from the VOC limits in Regulation .04B of this chapter if the manufacturer demonstrates by clear and conv incing evidence that, due to so me characteristic of the pr oduct formulation, design, delivery systems, or other factors, the use of the produ ct will result in less VOC emissions as compared to: (a) VOC emissions from a representative consumer product whic h complies with the VOC limits in Regulation .04B of this chapter; or (b) Calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits in Regulation .04B of this chapter. (2) Equation. (a) VOC emissions shall be calculated using the following equation:

E R = (E NC × VOC STD ) / VOC NC where: (i) E R = VOC emissions from the noncomplying representative product, had it been reformulated; (ii) E NC = VOC emissions from the noncomplying representative product in its current formulation; (iii) VOC STD = VOC limit specified in the table of standard s in Regulation .04B of this chapter; and (iv) VOC NC = VOC content of the noncomplying product in its current formulation. (b) If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval by the Department.
D. Application Information. (1) A manufacturer shall apply in writing to the Department fo r an exemption claimed under §B(1) of this regulation. (2) The application shall include: (a) Supporting documentation that verifies the emissions from the innovative product, including the actual physical test methods used to generate the data; (b) If necessary, the consumer testing undertaken to document product usage; and (c) Information necessary to enable the Department to esta blish enforceable conditions for granting the exemption, including the VOC content for the innovative product and test methods for determining the VOC content. (3) All information submitted by a manuf acturer under this section shall be maintained in accordance with the confidentiality requirements in State Government Article, §10-617, Annotated Code of Maryland.

E. On receipt and review of the exemption application, the Depa rtment shall determine whether an application is complete.

F. Departmental Decision on Innovative Product Exemption. (1) On receipt and review of a complete ap plication, the Department shall determin e whether, under what conditions, and to what extent, an exemption from the requirements of Regulation .04B of this chapter will be permitted. (2) The Department shall notify the applicant of a decision in writing and specify the terms and conditions necessary to ensure that emissions from the product will meet the emissions reductions specified in this regulation, and that the emissions reductions can be enforced.
G. In granting an exemption for a product, the Department shall establish the following: (1) Enforceable conditions that include: (a) The VOC content of the innovative product; (b) Dispensing rates; (c) Application rates; andDEPARTMENT OF THE ENVIRONMENT 26.11.32.13

26.11.32 Page 34 Effective as of November 12, 2010 (d) Other parameters the Departme nt determines necessary; and (2) Test methods for determining conformance to the conditions established in §G(1) of this regulation, including: (a) Criteria for reproducibility, accuracy, and sampling; and (b) Laboratory procedures.

H. For a product that has been gr anted an exemption under this regulation, the manufacturer shall notify the Department in writing within 30 days of: (1) A change in the product formulation or recommended product usage directions; and (2) Information which would alter the emissions estimates submitted to the Department in support of the exemption application.

I. Exemptions Following Modification of VOC limit. (1) If a VOC limit in Regulation .04B of this chapter is lowered for a product category through a subsequent rulemaking, all innovative product exemptions granted for products in that product category, except as provided in this section, have no effect as of the effective date of the modified VOC standard. (2) The provision of §I(1) of this regulation does not apply to those innovative products which have VOC emissions less than the applicable lowered VOC limit and for which a written notif ication of the product's emissi ons status versus the lowered VOC limit has been submitted to and approved by the Department at least 60 days before the effective date of the limits.

J. Modification or Revocation of an Exemption. (1) If the Department believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in this regulation, the Department may modify or revoke the exemption as necessary to ensure that the product will meet these criteria. (2) The Department shall allow the applicant an opportunity for a contested case hearing before modifying or revoking an exemption.

.13 Administrative Requirements. A. Product-Dating. (1) A manufacturer of a consumer product subject to Regulations .04—.10 of this chapter shall clearly display on each consumer product container or package: (a) The day, month, and year on whic h the product was manufactured; or (b) A code indicating the date of manufacture that is: (i) Located on the container or inside the cover or cap so that it is readily observable or obtainable (by simply removing the cap or cover) without irreversibly disassembling any part of the container or packaging or displayed on the bottom of a container as long as it is clearly legible without removing any product packaging; and (ii) Displayed on each consumer product container or package not later than 12 months before the effective date of the applicable standard in Regulation .04B of this chapter. (2) A manufacturer who uses a code indicating the date of manufacture for a consumer product subject to Regulations .04— .10 of this chapter shall file an explanation of the date porti on of the code with the Department not later than 12 months befo re the effective date of the applicable standard in Regulation .04B of this chapter. (3) A manufacturer who uses the following code to indicate the date of manufacture is not subj ect to the requirements of §A(2) of this regulation, if the code is represented separately from other codes on the product container so that it is easily recognizable:

Y Y DDD = year year day day day
Where: "YY" = two digits representing the year in which the product was manufactured; andAIR QUALITY

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26.11.32 Page 35 Effective as of November 12, 2010 "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"). (4) If a manufacturer changes to a code other than that specified in §A(3) of this regulation indicating the date of manufacture for any consumer product, an explanation of the modi fied code shall be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the State. (5) A person may not erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container with out the express authoriza tion of the manufacturer. (6) Date code explanations for codes indicating the date of ma nufacture are public information, shall be separate from any confidential information, and may not be claimed as confidential. (7) The requirements of §A of this regulation do not apply to: (a) Products containing no VOCs; or (b) Products containing VOCs at 0.10 percent by weight or less.

B. Most Restrictive Limit. (1) Notwithstanding the definition of "product category" in Regulation .03 of this chapter, if a re presentation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B of this chapter, and the representation appears on the container, p ackaging, or label or sticker affixed thereto, the lower VOC li mit shall apply for: (a) A consumer product manufactured before January 1, 2009; and (b) A FIFRA-registered insecticide manufactured before January 1, 2010. (2) The requirement in §B(1) of this regulation does not apply to a general purpose cleaner, an antiperspirant or deodorant product, a product intended to serve as an antiperspirant deodorant, insecticide foggers, and lawn and garden insecticide. (3) Notwithstanding the definition of product category in Regulation .03 of this chapter, if a representation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B of this chapter, and the representation appears on the container, p ackaging, or label or sticker affixed thereto, the lower VOC li mit applies for: (a) A consumer product manufactured on or after January 1, 2009; or (b) A FIFRA-registered insecticide manufactured on or after January 1, 2010. (4) The requirement of §B(3) of this regulation does not apply to general purpose cleaners, antiperspirant, deodorant products, insecticide foggers, an d lawn and garden insecticide.
C. Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, Energized Electrical Clean er, and Contact Adhesive. (1) In addition to the requirements specified in §§A and B of this regulation and Regulation .14 of this chapter, both the manufacturer and responsible party for each aerosol adhesive, ad hesive remover, electronic clean er, electrical cleaner, energiz ed electrical cleaner, and contact adhe sive product subject to this chapter shall ensure that all products clearly display the fol lowing information on each product container which is manufactured on or after the effective date for the category specified in the ta ble of standards: (a) The product category as specified in Regulation .04B of th is chapter or an abbreviation of the category; (b) The applicable VOC standard for the product in Regulation .04B of this chapter, except for energized electrical cleaner, expressed as a percentage by weight, unless the product is included in an alternative control plan approved by the Department as provided in Regulations .17—.26 of this chapter, and the product exceeds the applicable VOC standard; (c) If the product is included in an alternative contro l plan approved by the Depart ment, and the product exceeds the applicable VOC standard in Regulation .04B of th is chapter, the term "ACP" or "ACP product"; (d) If the product is classified as a special purpose spray a dhesive, the applicable substr ate, or application or an abbreviation of the substrate or application, that qualifies the product as special purpose; andDEPARTMENT OF THE ENVIRONMENT 26.11.32.14

26.11.32 Page 36 Effective as of November 12, 2010 (e) If the manufacturer or responsible party uses an abbreviation as allowed by this section, an explanation of the abbreviation shall be filed with the Depa rtment before the abbreviation is used. (2) The information required in §A(1) of this regulation shall be displayed on the product container so that it is readily observable without removing or disassembling a portion of the product container or packaging. 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. (3) A person may not remove, alter, conceal, or deface the inform ation required in §C(1) of this regulation before final sale of the product.

.14 Reporting Requirements. A. Upon 90 days written notice, the Department may require a re sponsible party to report the following information for a consumer product: (1) The company name of the responsible party and the party's address, telephone number, and designated contact person; (2) Any claim of confidentiality made under State Govern ment Article, §10-617, Annotated Code of Maryland; (3) The product brand name for each consumer product and the product label; (4) The product category to which the consumer product belongs; (5) The applicable product form or forms listed separately; (6) An identification of each product brand name and form as a "Household Product" , "Industrial and Institutional Product", or both; (7) State sales in pounds per year, to the ne arest pound, and the method used to calcu late State sales for each product form; (8) For information s ubmitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party; (9) For each product brand name and form, the net percent by we ight of the total product, less container and packaging, comprised of the following, rounded to the nearest 0.10 percent: (a) Total Table B compounds; (b) Total LVP-VOCs that are not fragrances; (c) Total all other carbon-containing co mpounds that are not fragrances; (d) Total all non-carbon-containing compounds; (e) Total fragrance; (f) For products containing greater than 2 percent by weight fragrance: (i) The percent of fragrance that are LVP-VOCs; and (ii) The percent of fragrance that is all other carbon-containing compounds; and (g) Total paradichlorobenzene; (10) For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following: (a) Each Table B compound; and (b ) Each LVP-VOC that is not a fragrance; (11) If applicable, the weight percent compri sed of propellant for each product; and (12) If applicable, an identification of the type of propellant such as Type A, Type B, Type C, or a blend of the different types.
B. All information submitted by an y person under this regulation shall be main tained in accordance w ith the confidentiality requirements in State Government Article, §10-617, Annotated Code of Maryland.AIR QUALITY

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26.11.32 Page 37 Effective as of November 12, 2010 C. Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride. (1) The requirements of this section apply to all responsible pa rties for consumer products th at are subject to Regulation .04B of this chapter and contain perchloroethylene or methylene chloride. (2) For the purposes of this section, a product contains perchloroethylene or methylene chloride if the product contains 1 percent or more by weight, excluding the container or packaging, of either perchloroethylene or methylene chloride. (3) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in the State during the calendar years of 2005 through 2010: (a) The product brand name and a copy of the product label with legible usage instructions; (b) The product category to which the consumer product belongs; (c) The applicable product form or forms listed separately; (d) For each product form listed in §C(3)(c) of this regulation, the total sales in the State dur ing the calendar year, to the nearest pound (excluding the container or packaging), and the method used for calculating the State sales; and (e) The weight percent, to the nearest 0.10 percent, of pe rchloroethylene and methylene chloride in the consumer product. (4) The information specified in §C(3) of this regulation shall be reported for each calendar year by March 1 of the following year until March 1, 2011, when the last report is due.

D. All information under §A(8) of this regulation from both companies shall be submitted by the date specified in §A of this regulation.

E. If the responsible party does not have or does not provide the information requested by the Department, the Department may require the reporting of this information by the person that has the information, including, but not limited to, any formul ator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

.15 Variances. A. A person who cannot comply with the requirements set forth in Regulations .04—.10 of this chapter because of reasons beyond the person's reasonable control may apply in writing to the Department for a variance. The variance application shall include: (1) The specific grounds upon which the variance is sought; (2) The proposed date or dates by which compliance with the pr ovisions of Regulations .04—.10 of this chapter will be achieved; and (3) A plan reasonably detailing the method or methods by which complia nce will be achieved.

B. Action on an Application for a Variance. (1) A variance may not be granted unless the Department determines that: (a) Due to reasons beyond the reasonable control of the applicant, requiring compliance with Regulations .04—.10 of this chapter would result in undue economic hardship; (b) The public interest in mitigating the applicant's undue economic hardship by granting the variance outweighs the public interest in avoiding increased emissions of air contaminants that may result fr om issuing the variance; and (c) The plan proposed by the applicant can reasonably be impl emented, and will achieve compliance as expeditiously as possible. (2) If the Department determines that a va riance may be granted, it shall prepare an order that contains the following: (a) A fi nal compliance date by which the requirements of Regulations .04—.10 of this chapter will be achieved; (b) A condition that specifies increments of progress necessary to ensure timely compliance; and (c) Other conditions that the Department deems necessary. (3) Before the order is issued, a public hearing will be held to allow an opportunity for comment on the order.DEPARTMENT OF THE ENVIRONMENT 26.11.32.16

26.11.32 Page 38 Effective as of November 12, 2010 (4) If issued, the order shall be submitted to the EPA for inclusion in the approved State Implementation Plan.
C. Failure to Comply. If a person subject to an order fails to co mply fully with the terms and conditions of the order, it will be withdrawn, and the standards in Regulatio n .04B of this chapter shall apply.

.16 Test Methods. A. VOC Compliance Test Method. (1) Testing to determine compliance with the requirements of this chapter shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and last amended on May 5, 2005. (2) Alternative methods which are shown to accurately determine the concentration of VOCs in a consumer product may be used upon approval by the Department.

B. VOC Content Determinations Using Product Formulation and Records. (1) Testing to determine compliance with the requirements of this chapter may also be demonstrated through calculation of the VOC content based upon records of the amounts of constituents used to make the product under the cr iteria of this section. (2) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product maintains accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records shall be maintained for at least 3 years. (3) The VOC content shall be calculated according to the following equation: VOC Content = (B - C) × 100 / A where: (a) A = total net weight of unit (excluding container and packaging); (b) B = total weight of all VOCs, per unit; and (c) C = total weight of VOCs exempted under Regulation .01 of this chapter, per unit. (4) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this chapter.
C. Determination of Liquid or Solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90(2000)el.

D. Compliance Determinations for Charcoal Lighter Material Products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

E. Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-014b.

F. A person may not create, alter, falsify, or otherwise modify r ecords in such a way that the re cords do not accurately reflect: (1) The constituents used to manufacture a product; (2) The chemical composition of the individual product; or (3) Other tests, processes, or records used in connection with product manufacture.

.17 Alternative Control Plan (ACP). A. Exemption Based upon an ACP Approved by CARB. (1) A manufacturer that has been granted an ACP agreement by the CARB under the provisions in Subchapter 8.5, Article 4, §§94540—94555, CCR Title 17 of the California Code of Regulations based on national sales data, is exempt from the limits in R egulation .04B of this chapter for the peri od of time that the CARB ACP agreement remains in effect if all ACP products within the CARB ACP agreement are contained in Regulation .04B of this chapter.AIR QUALITY

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26.11.32 Page 39 Effective as of November 12, 2010 (2) A manufacturer claiming an ACP agreement on this ba sis shall submit to the Department the following: (a) A copy of the CARB ACP decision, including all conditions established by CARB applicable to the exemption; (b) Enforceable sales for each eligible ACP product in the State; and (c) If applicable, the number of surplus re duction credits created in the State.

B. ACP Approved by the Department. A manufacturer may seek an ACP agreement in accordan ce with Regulations .18—.26 of this chapter if that manufacturer: (1) Has been granted an ACP agreement under the ACP provision in Subchapter 8.5, Article 4, §§94540—94555, California Code of Regulations based on sales data specific to the state of California; or (2) Has not been granted an ACP agreement by the CARB.
C. Application for an ACP. (1) An application for an ACP shall be submitted in writing to the Department and shall contain all of the following: (a) An identification of the contact persons, phone numbers, names, and addresses of the responsible ACP party who is submitting the ACP application and will be implementing the requirements specified in the ACP agreement; (b) A statement of whether the responsible ACP party is a small business or a one-product business, as defined in Regulation .03B of this chapter; (c) A list of the exact product brand name, form, available variations such as flavors, scents, colors, and sizes, and the applicable product category for each distinct product that is propo sed for inclusion in the ACP; (d) For each product identified in §C(1)(c) of this regulation, a demonstration to the satisfaction of the Department that the enforceable sales records to be used by the responsible ACP party for tr acking product sales meet the minimum criteria specified in §D(1)(e) of this regulation; (e) For each of the products identified in §D(1)(e) of this re gulation, all of the following: (i) Legible copies of the existing labels for each product; (ii) The VOC and LVP contents of the product at the time the application for an ACP is submitted; and (iii) VOC and LVP contents of the product that have occurred within the 4 years before the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than 10 percent of the VOC or LVP contents reported in §C(1)(e)(ii) of this regulation; (f) A written commitment by the responsible ACP party that it will: (i) Date-code every unit of each ACP product approved for inclusion in the ACP; and (ii) Display the date-code on each ACP produc t container or package not later than 5 working days after the date an ACP is approved by the Department; (g) An operational plan that meets the re quirements of §C(2) of this regulation and covers all the products identified under §D(1)(e) of this regulation for each compliance period that the ACP will be in effect; and (h) A declaration, signed by a legal representative for the resp onsible ACP party, which states that all information and operational plans submitted with the ACP application are true and correct. (2) The operational plan required under §C(1)(g) of this regulation shall contain all of the following: (a) An identification of the compliance periods and dates for the responsible ACP party to report the information required by the Department in the ACP agreement where: (i) The length of the compliance peri od does not exceed 365 days; and (ii) The required VOC content and enforceabl e sales data for all ACP products are reported to the Department at the same time and frequency;DEPARTMENT OF THE ENVIRONMENT 26.11.32.17

26.11.32 Page 40 Effective as of November 12, 2010 (b) An identification of specific en forceable sales records, to be provided to the Department not later than the compliance period dates specified in §C(2)(a) of this regulation, for en forcing the provisions of this chapter and the ACP agreement; (c) For a small business or a one-product business which will be relying to some extent on surplus trading to meet its ACP limits, a written commitment from the responsible ACP party or parties that they will transfer the surplus reductions to th e small business or one-product business upon approval of the ACP; (d) For each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period, the specific method or methods by which the VOC content will be determined , and the statistical accuracy and precision (repeatability and reproducibility) calcu lated for each specified method; (e) The projected enforceable sales for each ACP product at each different VOC cont ent for every compliance period that the ACP will be in effect; (f) A detailed demonstration that: (i) Shows the combination of specific ACP refo rmulations or, if applicable, surplus trading, that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect; (ii) States the approximate date within each compliance period th at reformulations or surplu s trading are expected to
occur; (iii) Describes the extent to which the VOC content of the ACP products will be reduced; (iv) Uses the equations specified in Regulation .03B(2) a nd (3) for projecting the ACP emissions and ACP limits during each compliance period; and (v) Includes all VOC content levels and proj ected enforceable sales for all ACP pro ducts to be sold in the State during each compliance period; (g) A certification that all reductions in the VOC content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformul ations that have occurred in the past, or other attempts to circumvent the provisions of this chapter; (h) Written explanations of the date-codes that will be disp layed on each ACP product's container or packaging; (i) A statement of the approximate dates by which the responsible ACP party will meet the applicable ACP VOC standards for each product in the ACP; and (j) A reconciliation of shortfalls plan that: (i) Commits the responsible ACP party to completely reconcile sh ortfalls in all cases, even to the extent permitted by law, if the responsible ACP party files for bankruptcy protection; (ii) Demonstrates how shortfalls of up to 5, 10, 15, 25, 50, 75, and 100 percent of the applicable ACP limit will be completely reconciled within 90 working days from the date the shortfall is determined; (iii) Lists the specific records and other inform ation that will be necessary to verify that the shortfalls were reconciled as specified in the plan; and (iv) Contains a commitment to provide all records or information requested by the Department to verify that the shortfalls have been completely reconciled.

D. Enforceable Sales Records. (1) To provide the demonstration required under §C(1)(d) o f this regulation, the responsible ACP party shall: (a) Provide the contact persons, phone numbers, names, and str eet and mail addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales; (b) Determine the enforceable sales of each product using enforceable sales records as defined in Regulation .03B(65) of this chapter; (c) Demonstrate, to the satisfaction of the Department, the va lidity of the enforceable sale s based on enforceable sales records provided by the contact persons or the responsible ACP party;AIR QUALITY

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26.11.32 Page 41 Effective as of November 12, 2010 (d) Calculate the percentage of the gross State sales, as defined in Regulation .03B(92) of this chapter, which is comprised of enforceable sales; and (e) Determine which products have enforceable sales that are 75 percent or more of the gross State sales. (2) Only ACP products meeting the criteria of §D(1)(e) of this regulation shall be allowed to be sold in the State under an ACP.

.18 Approval of an ACP Application. A. Action on an Application. (1) Upon receipt and review of an ACP a pplication, the Department shall inform the applicant in writing that either: (a) The application is complete and accepted for filing; or (b) The application is deficient and the Department identifies the specific information required to make the application complete. (2) If the Department finds that an application meets the requirements of Regulation .17C of this chapter, then it shall issue an ACP agreement. (3) The Department may deny an ACP application submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products of this chapter, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.

B. Approving an ACP Application. (1) The Department shall specify the terms and conditions necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP pr oducts subject to the ACP had me t the VOC limits specified in Regulation .04B of this chapter. (2) The ACP agreement shall include: (a) Only those ACP products for which the enforceable sales are at least 75 percent of the gross State sales; (b) A reconciliation of shortfalls plan meeting the requirements of this chapter; and (c) Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of this chapter
are met.

.19 Record Keeping and Availabilit y of Requested Information. A. All records specified in th e ACP agreement shall be: (1) Maintained by the responsible ACP party for a minimu m of 3 years after the records are generated; and (2) Clearly legible and maintained in good condition.

B. The responsible ACP party shall make the records required in §A of this regulation available to the Department: (1) Immediately upon request, during an on-site visit to a responsible ACP party; (2) Within 5 working days after receipt of a written request from the Department; or (3) During another period of time acceptable to the Department.

.20 Vi olations. A. Except as otherwise provided in this regulation, failure to meet a requirement of this chapter or a condition of an applicable ACP agreement constitutes a single, separate violation of this chapter for each day until the requirement or condition is satis fied.

B. False reporting of information contained in an ACP application, or supporting documentation or amendments to the application, constitutes a single, separate violation of the requ irements of this chapter for each day that the approved ACP is in effect.DEPARTMENT OF THE ENVIRONMENT 26.11.32.20

26.11.32 Page 42 Effective as of November 12, 2010 C. Each exceedance during the applicable compliance period of the VOC content specified for an ACP product in the ACP agreement constitutes a single, separate vi olation of the requirements of this chap ter for each ACP product which exceeds the specified VOC content that is sold , supplied, offered for sale, or manufactured for use in the State.

D. Each of the following actions constitutes a single, separate viol ation of the requirements of this chapter for every day after the applicable deadline until the requirement is satisfied: (1) Failure to report data or failure to report data accurately in writing to the Department regarding the VOC content, LVP content, enforceable sales, or other information required by deadlines specified in the applicable ACP agreement; (2) False reporting of information submitted to the Departme nt for determining compliance with the ACP requirements; (3) Failure to completely implement the reconciliation of shortfa lls plan set forth in the ACP agreement, within 30 working days from the date of written notification of a shortfall by the Department; or (4) Failure to completely reconcile the shortfall as specified in the ACP agreement, within 90 working days from the date of written notification of a shortfall by the Department.

E. False reporting or failure to report the required information set forth in this regulation, or th e sale or transfer of invalid surplus reductions, constitutes a single, separate violation of the requirements of this chapter for each day during the time p eriod for which the surplus reductions are claimed to be valid.

F. Except as provided in §G of this regulation, an exceedance of the ACP limit for a compliance period that the ACP is in effect constitutes a single, separate violation of the requiremen ts of this chapter for each day of the applicable compliance p eriod. An exceedance of the ACP limit is determined as follows: (1) If the responsible ACP party has all requi red information for the applicable co mpliance period specified in the ACP agreement, then a determination whether an exceedance has occurred is made usi ng the enforceable sales records and VOC content for each ACP product, as reported by the responsible ACP party for the applicable compliance period; and (2) If the responsible ACP party does not have all the required information specified in the ACP agreement for an applicable compliance period, the determin ation of whether an exceedance of the AC P limit has occurred is made as follows: (a) For the missing data days, calculate the total maximum historical emissions; (b) For the remaining portion of the compliance period which is not missing data days, calculate the emissions for each ACP product using the enforceable sales records and VOC content that were reported for that portion of the applicable compliance period; (c) The ACP emissions for the entire compliance period is the sum of the total maximum historical emissions, determined under §F(2)(a) and (b) of this regulation; (d) Calculate the ACP limit for the entire compliance period us ing the ACP standards applicable to each ACP product and the enforceable sales records specified in §F(2)(b) of this regulation; (e) The enforceable sales for each ACP product during missing data days, as specified in §F(2)(a) of this regulation, is zero; and (f) An exceedance of the ACP limit has occurred wh en the ACP emissions exceeds the ACP limit.
G. Calculation of ACP Limit Violations. (1) If a violation specified in §F of this regulation occurs, the responsible ACP party may establish the number of violations as calculated according to the following equation: NEV = (ACP emissions - ACP limit) × 1 Violation/40 Pounds where: (a) N EV = number of ACP limit violations; (b) ACP emissions = the ACP emissions for the compliance period; and (c) ACP limit = the ACP limit for the compliance period. (2) The responsible ACP party may determine the number of ACP lim it violations under this section only if it has provided all required information for the applicable compliance peri od, as specified in the ACP agreement approving the ACP. (3) By choosing this option, the responsible ACP party waives any and all legal objections to the calculation of the ACP limit violations under this section.AIR QUALITY

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26.11.32 Page 43 Effective as of November 12, 2010 H. A cause of action against a responsible ACP party u nder this regulation accrues when a violation occurs.

I. The responsible ACP party is fully liable for violation of a requ irement of this chapter, even if the responsible ACP party contracts with or otherwise relies on another person to comply with some or all of the requirements of this chapter.

.21 Surplus Reductions and Surplus Trading. A. Surplus Reductions. (1) The Department shall issue surplus reduction certificates that establish and quantify, to the nearest pound of VOC reduced, surplus reductions achieved by a responsible ACP party operating under an ACP. (2) The surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP. (3) A surplus reduction shall be calculated by the Department at th e end of each compliance period within the time specified in the approved ACP. (4) Surplus reduction certific ates are not instruments, securities, or other form of property.

B. Surplus Reduction Requirements. (1) The issuance, use, and trading of surplus reductions are subject to the provisions of this section. (2) VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in Regulation .04B of this chapter may not be used to generate surplus reductions. (3) A surplus reduction is valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP. (4) A surplus reduction is valid only after the Department has issued an ACP agreement. (5) A surplus reduction issued by the Department may be used by the responsible ACP party who generated the surplus reduction until the reductions expire or are traded, or until the ACP is canceled under Regulation .25 of this chapter. (6) A surplus reduction may not be applied retroactively to a compliance period before the compliance period in which the reductions were generated. (7) Except as provided in §B(8) of this regulation, only sma ll or one-product businesses selling products under an approved ACP may purchase surplus reductions. An in crease in the size of a small business or one-product business has no effect on surplus reductions purchased by that business before the date of the increase. (8) Valid surplus reductions can be used only for the following purposes: (a) To adjust either the ACP emissions of either the resp onsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, if th e surplus reductions are not to be used by a responsible ACP party to further lower its ACP em issions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or (b) To be traded for the purpose of reconciling another responsi ble ACP party's shortfalls, if the reconciliation is part of the reconciliation of shortfalls plan approved by the De partment under Regulation .17C(2)(j) of this chapter. (9) A valid surplus reduction shall be in effect starting 5 days after the date of issuance by the Department and for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period. (10) At least 5 working days before the effective date of transfer of surplus reductions, both the responsible ACP party which is selling surplus reductions and the responsible ACP party which is buying the surplus reductions shall, either together or separately, submit to the Department a written notification of th e tran sfer as described in Re gulation .26 of this chapter. (11) Surplus reduction credits shall be traded only between ACP product or products for consumer products.
C. The written notification of transf er of surplus reductions shall include all of the following: (1) The date the transfer is to become effective; (2) The date the surplus reductions being traded are due to expire; (3) The amount, expressed as pounds of VOCs, of surplus reductions that are being transferred;DEPARTMENT OF THE ENVIRONMENT 26.11.32.22

26.11.32 Page 44 Effective as of November 12, 2010 (4) The total purchase price paid by the buyer for the surplus reductions; (5) The contact persons, names of the companies, street and mail addresses, and phone numbers of the responsible ACP parties involved in the trading of the surplus reductions; (6) A copy of the Department-issued su rplus reductions certificate, that: (a) Is signed by both the seller and buyer of the certificate, show ing transfer of all or a speci fied portion of the surplus reductions; (b) States, if applicable, the amount of remaining non-traded surplus reductions and their expiration date; and (c) Indicates that both the buyer and seller of the surplus reductio ns fully understand the conditions and limitations placed upon the transfer of th e surplus reductions and accept full responsibility for the appropriate use of the surplus reductions as provided in this regulation.

.22 Limited-Use Surplus Reduction Credits for Early Reformulations of ACP Products. A. Early Reformulation. (1) For the purposes of this regulation, "early reformulation" means an ACP product that is reformulated to result in a reduction in the product's VOC content and that is sold, supplied, or offered for sale in the State for the first time during t he 1- year period immediately before the date on which the application for a proposed ACP is submitted to the Department. (2) "Early reformulation" does not include reformulated ACP products which are sold, supplied, or offered for sale in the State more than 1 year before the date on which the ACP application is submitted to the Department.

B. If requested in the application for a proposed ACP, the Depart ment shall, upon approval of the ACP, issue surplus reduction credits for early reformulation of an ACP product if the respon sible ACP party provides, to the satisfaction of the Department, the following: (1) Accurate documentation showing that the early reformulati on reduced the VOC content of the ACP product to a level which is below the pre-ACP VOC content of the product, or below the applicable VOC standard specified in Regulation .04B of this chapter, whichever is the lesser of the two; (2) Accurate documentation demonstrating that the early reformul ated ACP product was sold in State retail outlets within the time period specified in §A(1) of this regulation; (3) Accurate sales records for the early reformulated ACP product that meet the definition of "e nforceable sales records" in Regulation .03B(65) of this chapter, and that demonstrate that the enforceable sales for the ACP product are at least 75 percen t of the gross State sales for the product; and (4) Accurate documentation for the early reformulated ACP product which meets the requirements of this regulation, and which identifies the specific test methods for verifying the claimed ear ly reformulation and the st atistical accuracy and preci sion of the test methods.
C. Surplus reduction credits issued under this regulation are calcu lated separately for each early reformulated ACP product by the Department according to the following equation: SR = Enforceable Sales × ((VOC Content) initial - (VOC Content) final ) / 100 where: (1) SR = Surplus reductions for the ACP product, expressed to the nearest pound; (2) Enforceable Sales = The enforceable sales for the early refo rmulated ACP product, expressed to the nearest pound of ACP product; (3) VOC Content initial = The pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in Regulations .04—.10 of this chapter, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product; and (4) VOC Content final = The VOC content of the early reformulated ACP product after the early re formulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.AIR QUALITY

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26.11.32 Page 45 Effective as of November 12, 2010 D. The use of surplus reduction credits issued under this regulation is subject to the following provisions: (1) Surplus reduction credits will be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediat ely after the issuance of the ACP agreement; (2) Surplus reduction credits may not be transferred to or used by any other responsible ACP party; and (3) Except as provided in this regulation, surplus reduction cred its are subject to all requirements applicable to surplus reductions and surplus trading, as specified in Regulation .21 of this chapter.

.23 Reconciliation of Shortfalls. A. Determination of Shortfalls. (1) At the end of each compliance period, the responsible ACP party shall submit to the Department an initial calculation of shortfalls occurring in that comp liance period, as specified in the ACP agreement approving the ACP. (2) Upon receipt of this information, the De partment shall determine the amount of a shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination.

B. The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP agreement approving the ACP within 30 working days from the date of written notification of a shortfall by the Department.
C. All shortfalls shall be completely reconciled within 90 working days from the date of written notificati on of a shortfall by the Department by implementing the reconciliation of shortfalls plan specified in the ACP agreement.

D. All requirements specified in the ACP agreem ent, including all applicable ACP limits, remain in effect while shortfalls are in the process of being reconciled.

.24 Modifications to an ACP. A. Modifications That Do Not Require Department Pre-Approval. (1) The responsible ACP party shall notify the Department, in writing, not later than 15 working days from the date of a change to an ACP product's: (a) Name; (b) Formulation; (c) Form; (d) Function; (e) Applicable product category; (f) VOC content; (g) LVP content; (h) Date-codes; or (i) Recommended product usage directions. (2) For each modification, the notification shall fully explain the following: (a) The nature of the modification; (b) The extent to which the ACP product formulation, VOC content, LVP content, or recommended usage directions will be changed; (c) Th e extent to which the ACP emissions and ACP limit sp ecified in the ACP agreemen t will be changed for the applicable compliance period; and (d) The effective date and corresponding date-codes for the modification.DEPARTMENT OF THE ENVIRONMENT 26.11.32.25

26.11.32 Page 46 Effective as of November 12, 2010 B. Modifications That Require Department Pre-Approval. (1) A responsible ACP party may propose modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP agreement approvin g the ACP if the responsible party: (a) Describes the proposed modification fully in writing and forwards the description to the Department; and (b) Clearly demonstrates that the proposed modifications will meet the requirements of this chapter. (2) The responsible ACP party shall meet all applicable requirements of the existing ACP until a proposed modification is approved in writing by the Department. (3) The Department shall act on the proposed modifications using the procedure set forth in Regulation .24 of this chapter.
C. Other Modifications. Except as otherwise provided in §A or B of this regulation, the responsible ACP party shall notify the Department in writing of information learned by the responsible ACP party that may alter the information submitted under the requirements of this regulation not later than 15 working days from the date the information is known to the responsible ACP party.
D. Modification of an ACP by the Department. (1) The Department shall modify an ACP as necessary to ensure that the ACP meets all requirements of this chapter and that the ACP emissions will not exceed the ACP limit if the Department determines that: (a) The enforceable sales for an ACP product are no longer at least 75 percent of th e gross State sales for that product; (b) The information submitted under the approval process set forth in §C of this regulation is no longer valid; or (c) The ACP emissions are exceeding the ACP li mit specified in the ACP agreement. (2) The Department may not modify the ACP without first affording the responsible ACP party an opportunity for public comment in accordance with the procedures specified in appli cable State laws and regulations to determine if the ACP should be modified. (3) If an applicable VOC limit speci fied in Regulation .04B of this chapter is modified by CARB in a future rulemaking, the Department shall modify the ACP limit specified in the ACP agr eement to reflect the modified ACP VOC standards as of the effective dates of their modification by CARB.

.25 Cancellation of an ACP. A. An ACP shall remain in effect until: (1) The ACP reaches the expiration date specified in the ACP agreement; (2) The ACP is modified by the responsible ACP party and the modification is approved by the Department, as provided in Regulation .24 of this chapter; (3) The ACP is modified by the Department, as provided in Regulation .24D of this chapter; (4) The ACP includes a product for which the VOC standard specified in Regulation .04B is modified by the Department in a future rulemaking, and the responsible ACP party informs th e Department in writing that the ACP will terminate on the effective date or dates of the modified standard; or (5) The ACP is canceled under §B of this regulation.

B. The Department shall cancel an ACP if one or more of the following circumstances occur: (1) The responsible ACP party demonstrates to the satisfaction of the Department that the continuation of the ACP will result in an extraordinary economic hardship; (2) The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is 20 percent or more of the applicable ACP limit (that is, the ACP emissions exceed the ACP limit by 20 percent or more); (3) The responsible ACP party fails to meet the requirements of the reconciliation of shortfalls plan described under Regulation .23 of this chapter within the time periods specified; or (4) The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.AIR QUALITY

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26.11.32 Page 47 Effective as of November 12, 2010 C. The Department may not cancel an ACP under this regulation without first affording the responsible ACP party an opportunity for a public comment hearing under procedures sp ecified by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, to determine if the ACP should be canceled.

D. The responsible ACP party for an ACP which is canceled under this regulation and who does not have a valid ACP to immediately replace the canceled ACP shall m eet all of the following requirements: (1) All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled under the requirements of Regulation .23 of this chapter; and (2) All ACP products subject to the ACP shall be in compliance w ith the applicable VOC limits in Regulations .04—.10 of this chapter immediately on the effective date of ACP cancellation.

E. A violation incurred under Regulation .20 of this chapter may not be canceled or in any way affected by the subsequent cancellation or modification of an ACP.

.26 Transfer of an ACP. A responsible ACP party may transfer an ACP to another responsible ACP party if the following conditions are met:
A. Both responsible ACP parties participating in the transfer of the ACP and its associated ACP agreement submit a written notification to the Department that: (1) Has been postmarked at least 5 working days before the effective date of the transfer; (2) Is signed and submitted separately by both responsible parties; and (3) Clearly identifies the contact persons, business names, mail a nd street addresses, and phone numbers of the responsible parties involved in the transfer; and

B. The responsible ACP party to which the ACP is being transferre d provides a written declaration stating that the transferee shall fully comply with all requirements of the ACP agreement approving the ACP and this chapter.

Administrative History

Effective date: August 18, 2003 (30:16 Md. R. 1076)

Regulation .01F adopted effective November 24, 2003 (30:23 Md. R. 1654)

—————— Chapter revised effective June 18, 2007 (34:12 Md. R. 1068)

### This Page Intentionally Left Blank26.11.33 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, A nnotated Code of Maryland

.01 Applicability and Exemptions. A. Except as provided in §§B—E of this regulation, this chapte r applies to a person who, on or after January 1, 2005: (1) Supplies, sells, offers for sale, or manufactures an architectural coating for us e 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 th at 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 Departme nt that the purchase was made with reasonable good faith efforts to assure that the coating me t 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 an d distributors that only complying coatings will be acceptable for sale in the State; (b) Written agreements between the retailer and the manufactur ers and distributors, in which the manufacturers and distributors commit to supply only complying coatings; (c) The implementation of a self-audit program that periodically ev aluates 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 a lternative standard in accord ance 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 im plementing the standards in Regulation .05 of this chapter. (3) If a request is approved by the Department, the altern ative standard shall be adopted as a regulation.DEPARTMENT OF THE ENVIRONMENT 26.11.33.02

26.11.33 Page 2 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-retarda nt coating shall be determined by the ASTM Designation: E 84-01, "Standard Test Method for Surface Bu rning Characteristics of Building Materials". (2) Fire-Resistance Rating. The fire-resistance rating of a fire-re sistive 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 Laborato ry 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 So lvents 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 de termined 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 ar e cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds by Bay Area Air Quality Mana gement District (B AAQMD) 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 Com pounds in Solvent Based Coatings and Related Materials Containing Parachlo robenzotrifluoride," BAAQMD Ma nual 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 30 3-91 "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 sha ll 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. Th e VOC content of coatings may be anal yzed 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 Me thod 304-91 "Determination of Volatile Organic Compounds (VOC) in Various Materials (Revised 1996)", SCAQMD Labo rato ry 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, Appendi x A, "Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Us ed as Traffic Marking Coa tings" (September 11, 1998).AIR QUALITY

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26.11.33 Page 3 Effective as of November 12, 2010 (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 th e purpose of bonding two surf aces 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 fr eshwater biological organisms; and (b) Registered with both the U.S. EPA under the Federal Insec ticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et seq.) and with the State. (5) Appurtenance. (a) "Appurtenance" means an accessory to a sta tionary 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; (x iii) Stairways; (xiv) Fixed ladders; (xv) Catwalks and fire escapes; and (xvi) Window screens.DEPARTMENT OF THE ENVIRONMENT 26.11.33.03

26.11.33 Page 4 Effective as of November 12, 2010 (6) Architectural Coating. (a) "Architectural coating" means a coating to be applied to: (i) Stationary structures or their appurt enances 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 residue s from the distillation of crude petroleum or coal. (8) "Bituminous roof coating" means a coati ng 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 laye rs 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 so lvent borne coating formulated and r ecommended specifically for recoating calcimine-painted ceilings and othe r calcimine-painted substrates. (12) "Clear brushing lacquer" means a clear wood finish, ex cluding 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 in to a substrate for protective, decorative, or functional purposes. (b) "Coating" includes, paints, varnishes, sealers, and stains. (15) "Col orant" 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 coa ting labeled and formulated for application to freshly poured concrete to retard the evaporation of water. (17) "Concrete surface retarder" means a mixt ure 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.AIR QUALITY

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26.11.33 Page 5 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, a ffecting a transetherification of the reactive ethers of the amino resins. (19) "Dry fog coating" means a coating labele d 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 exem pt 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 incr easing the fire endurance of in terior 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 ag ency 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 accordi ng 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 ex clusively for use by electric power companies or their subcontractors to maintain the protective coati ng 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, co py 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) R esistant to high-energy impact damage caused by floating ice or debris.DEPARTMENT OF THE ENVIRONMENT 26.11.33.03

26.11.33 Page 6 Effective as of November 12, 2010 (31) "Industrial maintenance coating" means a high performan ce architectural coating, in cluding primers, sealers, undercoaters, intermediate coats, and topcoats, that is labeled as specified in Regulation .12 of this chapter and formulated f or application to substrates exposed to one or more of the following extreme environmental conditions: (a) Immersion in water, wastewater, chemi cal 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, ch emical fumes, or chemical mixtures or solutions; (c) Repeated exposure to temperatures above 121°C (250°F); (d) Frequent and heavy abrasion, includi ng 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 co ating, including clear lacquer sanding s ealers, formulated with cellulosic or synthetic resins to dry by evaporation without ch emical 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 co ating 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) Tra nsportation infrastructure, including highways, bridges, airports, and railroads; (c) Facilities used in mining activities, including petroleum extraction; or (d) Utilities infrastructure, including power generation and dist ribution, and water treatment and distribution systems. (41) "Nuclear coating" means a protective co ating 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 radia tion 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";AIR QUALITY

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26.11.33 Page 7 Effective as of November 12, 2010 (c) Are relatively easy to decontaminate; and (d) Are resistant to various chemicals to which the coatings ar e likely to be exposed as de termined 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 wo uld 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 co rrosion resistance and promote adhesion of subsequent topcoats. (44) "Primer" means a coating labeled and fo rmulated 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 h ard 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, seal er, 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 architect ural 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 ap plication 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 coati ng formulated exclusively for nonindustri al use to prevent the corrosion of metal surfaces and labeled as specified in Regulation .12 of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.33.03

26.11.33 Page 8 Effective as of November 12, 2010 (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 smoot h surface for subsequent applications of coatings. (b) "Sanding sealer" that also meets the de finition of a lacquer is included in the lacquer category but not the sanding sealer category. (52) "Sealer" means a coating labeled and formul ated 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 co mmodity of real economic value. (b) "Secondary coating" does not include excess vi rgin resources of the manufacturing process. (54) "Shellac" means a clear or opaque coati ng formulated solely with the resinous secretions of the Lac beetle (Lacier lace), thinned with alcohol, and formulated to dry by evaporatio n 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 requ ired 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 ru bber-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) "T hermoplastic rubber coating and ma stic" means a coating or mastic: (a) Formulated and recommended for application to roofing or other structural surfaces; (b) That incorporates no less th an 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.AIR QUALITY

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26.11.33 Page 9 Effective as of November 12, 2010 (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 labele d and formulated to provide a smoot h 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 am ounts of pigment to color a surface or to cont rol 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 coa ting, calculated according to the procedures specified in Regulation .14 of this chapter. (68) "Waterproofing sealer" means a coating labeled and formulated for appli cation 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 stainin g. (70) "Wood preservative" means a coating that is: (a) Labeled and formulated to pr otect exposed wood from decay or insect attack; and (b) Registered with both the U.S. EPA under the Federal Ins ecticide, 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 w ithin 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, e xpressed 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 lac quer sanding sealers ... 550; (c) Sanding sealers, excluding clear lacquer sanding sealers ... 350; (d) Varnishes other than conversion varnishes ... 350; (8) Concrete curing compounds ... 350;DEPARTMENT OF THE ENVIRONMENT 26.11.33.05

26.11.33 Page 10 Effective as of November 12, 2010 (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, sealer s 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) S wimming 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;AIR QUALITY

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26.11.33 Page 11 Effective as of November 12, 2010 (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 t he 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, seal ers, 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 surf ace 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 R egulation .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.DEPARTMENT OF THE ENVIRONMENT 26.11.33.10

26.11.33 Page 12 Effective as of November 12, 2010 .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 Regulatio n .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 di splay 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 us ed 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 sp ecialty 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";AIR QUALITY

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26.11.33 Page 13 Effective as of November 12, 2010 (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 "Qui ck Dry"; and (2) The dry hard time.

J. Non-Flat—High-Gloss Coatings. The label of a non-flat—hig h-gloss coating shall prominently display the words "High Gloss".

.13 Record Keeping Requirements. A. A person who manufactures a coating subject to this chapter sh all, for each year beginning in 2005, maintain the following records: (1) Identification of each regulated product manufactured, the number of gallons of eac h 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 pr oduct that contains percholoroet hylene 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 so ld 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 cont ent 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)DEPARTMENT OF THE ENVIRONMENT 26.11.33.14

26.11.33 Page 14 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 Fe bruary 28, 2005 (32:4 Md. R. 412) Regulation .12K repealed effective February 28, 2005 (32:4 Md. R. 412) Regulation .13 repealed and new Re gulation .13 adopted effective Fe bruary 28, 2005 (32:4 Md. R. 412)26.11.34 Page 1 Effective as of February 28, 2013 

### Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY Chapter 34 Low Emissions Vehicle Program

Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301, 2-1102, and 2-1103, Annotated Code of Maryland .01 Purpose. The purpose of this chapter is to implement the requirements of the Maryland Clean Cars Act of 2007 by establishing regulations implementing California's motor vehicle emission standards.
.02 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 1, §1900 De finitions, as effective August 7,2012. (2) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1960.1 Exhaust Emissions Standards and Test Procedures—1981 through 2006 Model Passenger Cars, Li ght-Duty and Medium-Duty Vehicl es, as effective August 7, 2012. (3) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1960 .5 Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehi cles for Sale in California, as effective October 16, 2002. (4) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1961 Exhaust Emission Standards and Test Procedures—2004 through 2019 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effective August 7, 2012. (5) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1961.1 Greenhouse Gas Exhaust Emission Standards and Test Procedures—2009 through 2016 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effectiv e August 7, 2012. (6) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1961.2 Exhaust Emission Standards and Test Procedures—2015 and Subsequent Model Passenger Cars , Light-Duty Trucks, and Medium-Duty Vehicles, as effective August 7, 2012. (7) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1961.3 Greenhouse Gas Exhaust Emission Standards and Test Procedures—2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effectiv e August 7, 2012. (8) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1962 Zero-Emission Vehicle Standards for 2005 through 2008 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effective February 13, 2010. (9) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 1, Article 2, §1962.1 Zero-Emission Vehicle Standards for 2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effective August 7, 2012. (10) Title 13, California Code of Regulations (CCR), Divi sion 3, Chapter 1, Article 2, §1962.2 Zero-Emission Vehicle Standards for 2018 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, as effective August 7, 2012. (11) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1962.3 Electric Vehicle Charging Requirements, as effective August 7, 2012. (12) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 1, Article 2, §1965 Emission Control, Smog Index, and Environmental Performance Labels—1979 and Subsequent Model-Year Motor Vehicles, as effective August 7, 2012. (13) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1968.2 Malfunction and Diagnostic System Requirements—2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines, as effectiv e August 7, 2012.DEPARTMENT OF THE ENVIRONMENT 26.11.34.02

26.11.34 Page 2 Effective as of February 28, 2013 (14) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1968.5 Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles and Engines, as effective August 7,2012. (15) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1969 Motor Vehicle Service Information—1994 and Subsequent Model Passenger Cars, Light-Duty, Medium-Duty Vehicles, and Heavy-Duty Vehicles, as effective July 15, 2007. (16) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1975 Standards and Test Procedures for Crankcase Emissions, undated, as published May 3, 2007. (17) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1976 Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions, as effective August 7, 2012. (18) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §19 77 Certification and Service Documents—1993 and Subsequent Model Motor Vehicles, as effective October 5, 1992. (19) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 2, §1978 Standards and Test Procedures for Vehicle Refueling Emissions, as effective August 7, 2012. (20) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 5, §2030 Liquefied Petroleum Gas or Natural Gas Retrofit Systems, as effective February 13, 2010. (21) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 5, §2032 Off-Vehicle Charge Capable Hybrid Electric Vehicle Conv ersion Systems, as eff ective February 13, 2010. (22) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 6, §203 5 Purpose, Applicability, and Definitions, as effectiv e November 9, 2007. (23) Title 13, California Code of Re gulations (CCR), Division 3, Chapter 1, Article 6, §2037 Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles, as effective August 7, 2012. (24) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 1, Article 6, §2038 Performance Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and Motor Vehicles Engines Used in Such Vehi cles, as effective August 7, 2012. (25) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 6, §2039 Emissions Control System Warranty Statement, as ef fective December 26, 1990. (26) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 6, §2040 Vehicle Owner Obligations, as effective December 26, 1990. (27) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 1, Article 6, §2041 Mediation; Finding of Warrantable Condition, as e ffective December 26, 1990. (28) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 1, §2062 Assembly-Line Test Procedures—1998 and Subsequent Model Years, as effective August 7, 2012. (29) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2, §2101 Compliance Testing and Inspection—New Vehicle Selection, Evaluation, and En forcement Action, as eff ective November 27, 1999. (30) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2, §2106 New Vehicle Assembly-Line Inspection Testing, as effective November 27, 1999. (31) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2, §2107 Assembly-Line Quality-Audit Testing, as effective November 27, 1999. (32) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2, §2108 Order of Executive Officer, as effective December 30, 1983. (33) Title 13, California Code of Regulations (CCR), Divi sion 3, Chapter 2, Article 2, §2109 New Vehicle Recall Provisions, as effectiv e December 30, 1983.AIR QUALITY

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26.11.34 Page 3 Effective as of February 28, 2013 (34) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2111 Applicability, as effective August 16, 2009. (35) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2112 Definitions, undated, as effective August 7, 2012. (36) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.1, Appendix A to Article 2.1 California In-Use Vehicle Emission-Related Recall Procedures, En forcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-D uty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Roa d Motorcycles and All-Terrain Vehicles, 2000 and Subsequent Model-Year Off-Road Compression-Ignition Engines, and 2008 and Subsequent Model-Year Spark-Ignition Inboard and Sterndrive Marine Engines, as effective August 16, 2009. (37) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2113 Initiation and Approval of Voluntary and Influenced Em ission-Related Recalls, as effective January 26, 1995. (38) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2114 Voluntary and Influenced Recall Plans, as effec tive November 27, 1999. (39) Title 13, California Code of Regula tions (CCR), Division 3, Chapter 2, Article 2.1, §2115 Eligibility for Repair, as effective January 26, 1995. (40) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2116 Repair Label, as effective January 26, 1995. (41) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.1, §2117 Proof of Correction Certificate, as effective January 26, 1995. (42) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2118 Notification, as effective January 26, 1995. (43) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.1, §2119 Recordkeeping and Reporting Requirements, as e ffective November 27, 1999. (44) Title 13, California Code of Regula tions (CCR), Division 3, Chapter 2, Article 2.1, §2120 Other Requirements Not Waived, as effective January 26, 1995. (45) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.1, §2121 Penalties, as effective January 26, 1995. (46) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2122 General Provisions, as effective January 4, 2008. (47) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2123 Initiation and Notification of Ordered Emissions-Related Recalls, as effective January 26, 1995. (48) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2124 Availability of Public Hearing, as effectiv e January 26, 1995. (49) Title 13, California Code of Regula tions (CCR), Division 3, Chapter 2, Artic le 2.2, §2125 Orde red Recall Plan, as effective January 26, 1995. (50) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2126 Approval and Implementation of Recall Plan, as effective January 26, 1995. (51) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2127 Notification of Owners, as effective January 26, 1995. (52) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2128 Repair Label, as effective January 26, 1995. (53) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.2, §2129 Proof of Correction Certificate, as effective January 26, 1995.DEPARTMENT OF THE ENVIRONMENT 26.11.34.02

26.11.34 Page 4 Effective as of February 28, 2013 (54) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2130 Capture Rates and Alternative Measures, as ef fective November 27, 1999. (55) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2131 Preliminary Tests, as effective January 26, 1995. (56) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2132 Communication with Repair Personnel, as effective January 26, 1995. (57) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.2, §2133 Recordkeeping and Reporting Requirements, as effective January 26, 1995. (58) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2134 Penalties, as effective January 26, 1995. (59) Title 13, California Code of Regula tions (CCR), Division 3, Chapter 2, Artic le 2.2, §2135 Extension of Time, as effective January 26, 1995. (60) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.3, §2136 General Provisions, as effective January 4, 2008. (61) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.3, §2137 Vehicle and Engine Selection, as effec tive December 28, 2000. (62) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.3, §2138 Restorative Maintenance, as effective November 27, 1999. (63) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.3, §2139 Testing, as effective August 7, 2012. (64) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.3, §21 40 Notification and Use of Test Results, as effective August 7, 2012. (65) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2141 General Provisions, as effective January 4, 2008. (66) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2142 Alternative Procedures, as effective February 23, 1990. (67) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2143 Failure Levels Triggering Recall, as effective November 27, 1999. (68) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.4, §2144 Emission Warranty Information Report, as eff ective November 27, 1999. (69) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2145 Field Information Report, as effective August 7, 2012. (70) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2146 Emissions Information Report, as effective November 27, 1999. (71) Title 13, California Code of Regulations (CCR), Divisi on 3, Chapter 2, Article 2.4, §2147 Demonstration of Compliance with Emission Standards, as effective August 7, 2012. (72) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2148 Evaluation of Need for Recall, as effective November 27, 1999. (73) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.4, §2149 Notification and Subsequent Action, as effective February 23, 1990. (74) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 3, §2150 Assembly-Line Surveillance, as effective December 30, 1983. (75) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 3, §2151 New Motor Vehicle Dealer Surveillance, as effective December 30, 1983.AIR QUALITY

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26.11.34 Page 5 Effective as of February 28, 2013 (76) Title 13, California Code of Regula tions (CCR), Division 3, Chapter 3, Article 1, §2175 Highway Exhaust EmissionsLight—Duty Vehicles, as effective December 30, 1983. (77) Title 13, California Code of Regulations (CCR), Division 3, Chapter 3, Article 1, §2175.5 Exemption of Vehicles, as effective December 30, 1983. (78) Title 13, California Code of Regulations (CCR), Division 3, Chapter 3, Article 1, §2176 Mandatory Inspection Exhaust Emissions—Light-Duty and Medium-Duty Vehicles, as ef fective Decembe r 30, 1983. (79) Title 13, California Code of Regulations (CCR), Division 3, Chapter 4.4, §2235 Requirements, as effective August 7, 2012.
.03 Applicability and Exemptions. A. Applicability. (1) Except as provided in §B of this regulation, this chapter applies to all new 2011 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles subject to the California Standards that are transferred in Maryland. (2) For all requirements of the California Standards except those relating to greenhouse gases, applicability includes all medium-duty vehicles having a gross vehicle weight rating of 14,000 pounds or less. (3) For the greenhouse gas requirements of the California Standards, applicability includes medium-duty vehicles only to the extent that they are me dium-duty passenger vehicles. (4) For purposes of this chapter, it is conclusively presumed th at the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more ha s been transferred to an ultimate purchaser and that the equitable or legal title to any motor vehicle with an odometer reading of less than 7,500 miles has not been transferred to an ultimate purchaser. B. Exemptions. This chapter does not apply to the following vehicles: (1) A vehicle transferred by inheritance; (2) A vehicle transferred by decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction; (3) Previously register ed vehicles where: (a) The mileage at the time of sale exceeds 7,500 miles; and (b) For vehicle dealers, the mil eage at the time of sale is determined by th e odometer statement at the time the vehicle dealer acquired the vehicle; (4) A vehicle purchased by a nonresident prior to establishing residency in Maryland; (5) A vehicle sold for the purpose of being wrecked or dismantled; (6) A vehicle sold directly from one licen sed dealer to another licensed dealer; (7) A vehicle sold for registration out-of-State; (8) A vehicle sold and designed exclusively for off-highway use; (9) A vehicle that has been certified to standards promulgated pursuant to the authority contained in 42 U.S.C. 7521 and which is in the possession of a rental agency in Maryland as a result of a rental that was initiated in a state other than Mary land; (10) An emergency vehicle; (11) A military t actical vehicle; (12) A vehicle exempted by California Health and Safety Code, §43656; (13) A vehicle acquired by a resident of Maryland for the purpose of replacing a vehicle registered to the resident that was damaged or became inoperative beyond reasonable repair or was st olen while out of this State, if the replacement vehicle was acquired out of State at the time the previously owned vehicle was either damaged or became inoperative or was stolen; and (14) A vehicle designated as exempt by the Administration.DEPARTMENT OF THE ENVIRONMENT 26.11.34.04

26.11.34 Page 6 Effective as of February 28, 2013 .04 Definitions. A. In general. (1) In this chapter, the following terms have the meanings indicated. (2) Any term that is not defined in this regulation shall be as defined in the California documents incorporated by reference in Regulation .02 of this chapter. (3) Definitions in the California documents shall prevail in any case of discrepancy.
B. Terms Defined. (1) "Administration" means the Maryland Motor Vehicle Administration. (2) "California Assembly Line and In-Use Requirements" m eans the requirements established under Title 13 CCR §§1900, 2062, 2101, 2106, 2107, 2108, 2109, 2136, 2137, 2138, 2139, 2140, 2150, 2151, 2175, 2175.5, and 2176. (3) "California Certification Requirements" means the re quirements established under Title 13 CCR §§1900, 1960.1, 1960.5, 1961, 1961.1, 1962, 1962.1, 1965, 1968.2, 1968.5, 1969, 1975, 1976, 1977, 1978, and 2235. (4) "California Fleet Average Greenhouse Gas (GHG) Requirements" means the requirements established under Title 13 CCR §1961.1(a)(1), including all calculatio n procedures and credit and debit provis ions specified in Title 13 CCR §1961.1. (5) "California Fleet Average NMOG Requirements" means the requirements established und er Title 13 CCR §1961(b)(1), including all calculation procedures and credit and debit provisions specified in Title 13 CCR §1961. (6) "California Recall Requirements" means the requirements established under Title 13 CCR §§1900, 2109, 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118, 2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128, 2129, 2130, 2131, 2132, 2133, 2134, 2135, 2140, 2141, 2142, 2143, 2144, 2145, 2146, 2147 , 2148, 2149 and Appendix A to Article 2.1 of Chapter 2 of Division 3. (7) "California Standards" means the comprehensive set of requirements defined by California Certification Requirements, California Warranty Requirements, California Assembly Line and In-Use Requirements, California Recall Requirements, California Fleet Average NMOG Requiremen ts, California Fleet Average Greenhouse Gas Requirements, and California Zero Emission Vehicle Requirements. (8) "California Warranty Requirements" means the requirements established under Title 13 CCR §§1900, 2035, 2037, 2038, 2039, 2040, and 2041. (9) "California Zero Emission Vehicle (ZEV) Requirements" means the requirements established under Title 13 CCR §1962(b), including all compliance mechanisms, calculation procedures, and credit and debit provisions specified in Title 13 CC R §1962. (10) "CARB" means California Air Resources Board. (11) "CCR" means the Code of California Regulations. (12) "Certification" means a finding by CARB that a motor vehicle, motor vehicle engine, or motor vehicle pollution control device has satisfied the criteria adopted by the state boa rd for the control of specified air contaminants from vehicul ar

sources. (13) "Department" means the Maryland Department of the Environment. (14) "Executive Officer" means the Executive Officer of the California Air Resources Board as used in California-adopted statutes, regulations, and procedures related to the California Sta ndards. This meaning is extended for purposes of the applica tion of California Standards in Maryland to include the Secretary, w ho shall act as the agent of th e California Executive Officer in Maryland. (15) "Light-duty truck (LDT)" means any motor vehicle rated at 8,500 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with specia l features enabling off-street or off-highway operation and use. (16) "Light-duty truck 1 (LDT1)" means a light-duty truck with a loaded vehicle weight of 3,750 pounds or less. (17) "Light-duty truck 2 (LDT2)" means a light-duty truck with a loaded vehicle weight of 3,751 pounds or more.AIR QUALITY

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26.11.34 Page 7 Effective as of February 28, 2013 (18) Medium-Duty Passenger Vehicle. (a) "Medium-duty passenger vehicle" means any medium-duty vehicle with a gross vehicle weight rating of less than 10,000 pounds that is designed primar ily for the transportation of persons. (b) "Medium-duty passenger vehicle" does not include any vehicle which: (i) Is an incomplete truck, that is, a truck that does not have the primary load carrying device or container attached; (ii) Has a seating capacity of more than 12 persons; (iii) Is designed for more than nine persons in seating rearward of the driver's seat; or (iv) Is equipped with an open cargo area of 72.0 inches in interior length or more, or a covered box not readily accessible from the passenger compartment of 72.0 inches in inte rior length or more. (19) "Medium-duty vehicle" means any heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zeroemission vehicle having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 pounds. (20) Model Year. (a) "Model year (MY)" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. (b) In the case of any vehicle manufactured in two or more stages, the time of manufact ure shall be the date of completion of the chassis. (21) Motor Vehicle. (a) "Motor vehicle" means a ve hicle that is self-propelled. (b) "Motor vehicle" does not include a self-propelled wheelc hair, motorized tricycle, or motorized quadricycle operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian. (22) "NMOG" means non-methane organic gases. (23) "New motor vehicle" mean s a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser. (24) New Vehicle. (a) "New vehicle" means a new motor vehicle, or any motor ve hicle with an odometer readin g of less than 7,500 miles. (b) "New vehicle" does not include any vehicle with an odometer reading of 7,500 miles or more. (25) "Passenger car (PC)" means any motor vehicle designed primarily for transportation of persons and having a design capacity of 12 persons or less. (26) "Secretary" means the S ecretary of the Environment. (27) "Transfer" means to sell, import, deliver, purchase, lease, rent, acquire, or receive a motor vehicle for titling or registration in Maryland. (28) "Type III ZEV" means a zero emission vehicle with a zero em issions range that is greater than or equal to 100 miles and is capable of replacing 95 percent of its maximum rated energy capacity in 10 minutes or less. (29) "Ultimate purchaser" means the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale. (30) Vehicle. (a) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway. (b) "Vehicle" does not include a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (31) "ZEV" means a zer o emission vehicle.DEPARTMENT OF THE ENVIRONMENT 26.11.34.05

26.11.34 Page 8 Effective as of February 28, 2013 .05 Emissions Requirements. No person shall transfer in Maryland a new motor vehicle subj ect to this chapter unless that new motor vehicle has been certified by CARB to comply with a ll applicable California Standards.
.06 Fleet Average NMOG Requirements. A. Effective with model year 2011, and for each subsequent model year, compliance with the California Fleet Average NMOG Requirements in Maryland shall be demonstrated by each motor vehicle manufacturer. B. Compliance with §A of this regulation shall be based on the number of vehicles , subject to this ch apter, produced and delivered for sale in Maryland by each manufacturer. C. Credits. Notwithstanding th e provisions of the Californi a Fleet Average NMOG Requirements, all NMOG credits accrued in model years 2011 through 2013 shall be treated as if they are earned in model year 2013 for purposes of determining credit value in model years 2012 through 2016. D. Debits. Notwithstanding the provisions of the California Fleet Average NMOG Requirements, vehicle manufacturers may accrue debits in model years 2011 through 2013 without penalty if the debits are fully offset by the end of the 2014 model year

. .07 Initial NMOG Cred it Account Balances. A. Establishment of Credit Account Balances. (1) Upon request by a vehicle manufactur er, the Department shall establish NMOG credit account balances in Maryland that are proportionally equivale nt to the NMOG credit balances of each of its NMOG credit accounts maintained in California. (2) A manufacturer's Maryland NMOG credit account balance shall be dete rmined as specified in §A(3) of this regulation only after all credit obligations for model years 2010 and earlier have been satisfied in California. (3) To determine Maryland NMOG credit account balances, a manufacturer's California NMOG credit balances shall be multiplied in the following manner: (a) By the ratio of the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model years 2003 through 2005 to the average number of PCs, LDT1s, and ap plicable LDT2s produced and delivered for sale in California in model years 2003 through 2005; or (b) At the discretion of the vehicle manufacturer, by the ratio of the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model year 2011 to the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model year 2011. (4) Manufacturers shall request the establishment of NMOG credit account balances under this regulation through written notification to the Department by May 1, 2011. (5) Manufacturers shall submit the required vehicle delivery data: (a) By September 1, 2011, if electing to utilize the met hodology described in §A(3)(a) of this regulation; or (b) By March 1, 2012, if electing to utilize the met hodology described in §A(3)(b) of this regulation. (6) Nothing in this regulation shall affect the calculation of NMOG credits and debits earned under Regulation .06 of this chapter in model year 2011 in Maryland, which shall be treate d as incremental to those established in this regulation. (7) If the validation of NMOG credit account balances under §B of this regulation extends beyond May 1, 2012: (a) The submittal deadline of May 1, 2012, for the California Fleet Average NMOG Requirements compliance report required under Regulation .13A(2)(a) of this chapter shall be waived; and (b) The manufacturer shall submit the California Fleet Aver age NMOG Requirements compliance report required under Regulation .13A(2)(a) of this ch apter within 60 days of notification by the De partment that the NMOG credit account balances have been validated.
B. Validation of NMOG Credit Account Balances. (1) The establishment of NMOG credits into a manufactu rer's Maryland NMOG credit account shall occur through consultation with the Department, the individual vehicle manuf acturer, and the Executive Officer or the Executive Officer's designee.AIR QUALITY

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26.11.34 Page 9 Effective as of February 28, 2013 (2) Credits may not be established in a manu facturer's Maryland NMOG credit account until: (a) The Executive Officer or th e Executive Officer's designee cer tifies to the Secretary or the Secretary's designee that the California credit balance upon which the Maryland credits will be determined is accurate; and (b) All outstanding debits for model years 2010 and earlier have been satisfied. (3) As necessary, for purposes of this regulation, the manu facturer shall release the Ex ecutive Officer or the Executive Officer's designee from any confidentiality restrictions that w ould otherwise prohibit open consu ltation with the Secretary or the Secretary's designee. (4) The Secretary or the Secretary's designee shall be bound by the same confidentiality restrictions otherwise binding the Executive Officer or the Ex ecutive Officer's designee.
.08 Fleet Average Greenhouse Gas Requirements. A. Effective with model year 2011, and for each subsequent model year, compliance with the California Fleet Average Greenhouse Gas Requirements shall be demons trated by each motor vehicle manufacturer. B. Compliance with §A of this regulation shall be based on the number of vehicles , subject to this ch apter, produced and delivered for sale in Maryland by each manufacturer. C. Regional Compliance. (1) The Secretary may enter into a regi onal compliance agreement with vehicle ma nufacturers or other states implementing the California Standards. (2) Upon the effective date of a regi onal compliance agreement, motor vehicl e manufacturers that comply with the provisions of the regional agreement shall be deemed to comply with the provisions of §A of this regulation. (3) The Secretary may not enter into a regi onal agreement that results in lesser emission reductions than would accrue in the absence of such an agreement or that allows manufacturers to use emission reductio n credits more than once for regional or Stat e specific compliance demonstration.
.09 Zero Emission Vehicle (ZEV) Requirements. A. Effective with model year 2011, and for each subsequent model year, compliance with the California Zero Emission Vehicle Requirements shall be demonstrated by each motor vehicle manufacturer. B. Compliance with §A of this regulation shall be based on the number of vehicles , subject to this ch apter, produced and delivered for sale in Maryland by each manufacturer. C. Type III ZEVs. (1) Through model year 2017, a Type III ZEV that meets the following criteria may be used to demonstrate compliance with §A of this regulation: (a) The vehicle is eligible for Type III ZEV credits under the California Zero Emission Vehicle Requirements; and (b) The vehicle is placed in service or in an advanced t echnology demonstration program as defined under the California Zero Emission Vehicle Requirements in California or any other state that is administering the California ZEV Requirements pursuant to §177 of the Federal Clean Air Act, 42 U.S.C. §7507. (2) A Type III ZEV meeting the criteria specified in §C(1) of this regulation may, for the purposes of compliance with §A of this regulation, be counted as if it was placed in service in Maryland.

.10 Initial ZEV Credit Account Balances. A. Establishment of Credit Account Balances. (1) Upon request by a vehicle manufactur er, the Department shall establish ZEV credit account balances in Maryland that

are: (a) For Type III ZEVS, equal to the Type III ZEV credit balance in California; and (b) For non-Type III ZEVs, proportionally equivalent to the ZEV credit balan ces of each of its ZEV credit accounts maintained in California.DEPARTMENT OF THE ENVIRONMENT 26.11.34.11

26.11.34 Page 10 Effective as of February 28, 2013 (2) A manufacturer's Maryland ZEV credit account balance shall be determined as specified in §A(3) and (4) of this regulation only after all credit obligations for model year s 2010 and earlier have been satisfied in California. (3) To determine Maryland ZEV credit account balances for non-Type III ZEVs, a manufact urer's California ZEV credit balances shall be multiplied in the following manner: (a) By the ratio of the average number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model years 2003 through 2005 to the average number of PCs, LDT1s, and ap plicable LDT2s produced and delivered for sale in California in model years 2003 through 2005; or (b) At the discretion of the vehicle manufacturer, by the ratio of the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in Maryland in model year 2011 to the number of PCs, LDT1s, and applicable LDT2s produced and delivered for sale in California in model year 2011. (4) The Maryland ZEV credit account balance for Type III ZEVs shall be set equal to the manufacturer's California Type III ZEV account balance. (5) The time period used by the manufacturer to determine th e Maryland ZEV credit account balances in §A(3) of this regulation shall also be used to determine that manufacturer's model year 2011 ZEV sales requirements in Maryland under Regulation .09 of this chapter. (6) Manufacturers shall request the establishment of ZEV credit account bala nces under this regulation through written notification to the Department by May 1, 2011. (7) Manufacturers shall submit the required vehicle delivery data: (a) By September 1, 2011, if electing to utilize the met hodology described in §A(3)(a) of this regulation; or (b) By March 1, 2012, if electing to utilize the met hodology described in §A(3)(b) of this regulation. (8) Nothing in this regulation shall affect the calculation of ZEV credits and debits earned under Regulation .09 of this chapter in model year 2011 in Maryland, which shall be treate d as incremental to those established in this regulation. (9) If the validation of ZEV credit account balances under §B of this regulation extends beyond May 1, 2012: (a) The submittal deadline of May 1, 2012, for the California Zero Emissions Vehicle Requirements compliance report required under Regulation .13A(2)(c) of this chapter shall be waived; and (b) The manufacturer shall submit the Ca lifornia Zero Emissions Vehicle Requirements compliance report required under Regulation .13A(2)(c) of this chapter within 60 days of notification by the Departme nt that the ZEV credit account balances hav e been validated.
B. Validation of ZEV Credit Account Balances. (1) The establishment of ZEV credits into a manufacturer's Maryland ZEV credit account shall occur through consultation with the Department, the individual vehicle manufacturer and the Executive Officer or the Executive Officer's designee. (2) Credits may not be established in a ma nufacturer's Maryland ZEV credit account until: (a) The Executive Officer or th e Executive Officer's designee cer tifies to the Secretary or the Secretary's designee that the California credit balance upon which the Maryland credits will be determined is accurate; and (b) All outstanding debits for model years 2010 and earlier have been satisfied. (3) As necessary, for purposes of this regulation, the manu facturer shall release the Ex ecutive Officer or the Executive Officer's designee from any confidentiality restrictions that w ould otherwise prohibit open consu ltation with the Secretary or the Secretary's designee. (4) The Secretary or the Secretary's designee shall be bound by the same confidentiality restrictions otherwise binding the Executive Officer or the Ex ecutive Officer's designee.
.11 Vehicle Testing. A. New Vehicle Certification Testing. (1) All new vehicles subject to this chap ter shall be certified to meet all applicab le California Standard s in accordance with the test procedures defined in those standards.AIR QUALITY

26.11.34.14 Enforcement.

26.11.34 Page 11 Effective as of February 28, 2013 (2) Motor vehicle certification testing pe rformed for CARB and associated findin gs made by CARB will be acceptable for demonstrating compliance with §A(1) of this regulation. B. Assembly Line and In-Use Testing. (1) All manufacturers of new vehicles subject to this chapter shall comply with all applicable California Assembly Line and In-Use Requirements. (2) Motor vehicle testing and inspections performed for or by CARB and associated findings made by CARB will be acceptable for demonstrating compliance with §B (1) of this regulatio n except as provided in §B(3 ) and (4) of this regulation. (3) If a vehicle manufacturing facility that manufactures vehicles certified to the California Standards for sale in Maryland is not subject to the California Assembly Line and In-Use Requirements administered by CARB, the Department may: (a) Require demonstration of compliance with all Calif ornia Assembly Line and In-Use Requirements; and (b) Upon a manufacturer's written request and demonstration of need, approve the functional testing of a statistically significant testing sample instead of an ot herwise required 100 percent testing rate. (4) The Department may conduct tests and inspections performed in accordance with California Assembly Line and In-Use Requirements on vehicles produced or delivered for sale in Maryland for purposes of: (a) Compliance monitoring; (b) Effectiveness demonstration; (c) Detection of noncomplying vehicles in Maryland; and (d) The determination of ap propriate corrective actions. C. Any reports completed for or by CARB in accordance with the provisions of §§A and B of this regulation shall be provided to the Department upon request.
.12 Warranty. A. All manufacturers of new vehicles su bject to this chapter shall comply with all applicable California Warranty Requirements. B. Reports generated for or by CARB and associated find ings made by CARB shall be acceptable for demonstrating compliance with §A of this regulation. C. All reports required under the California Warranty Requirements shall be provided to the Department upon request.
.13 Manufacturer Complia nce Demonstration. A. Beginning with the 2011 model year and annually thereafter, each vehicle manufacturer shall submit reports: (1) Documenting total deliveries for sale in Maryland during th e applicable model year of vehicles in each test group or subgroup as applicable and defined under the California Standards; (2) Demonstrating, based on vehicles delivered for sale in Maryland, compliance with the: (a) California Fleet Average NMOG Requirements; (b) California Fleet Average Gree nhouse Gas Requirements; and (c) California Zero Emission Vehicle Requirements. B. The reports required under §A of this regulation shall be: (1) Prepared according to the procedures defined in the California Standards; and (2) Submitted to the Department in accordance with the deadlines defined in the California Standards. C. For the purposes of determining if vehicles qualify for ex emption under Regulation .03 of this chapter, the Department may require any vehicle manufacturer or dealer of vehicles subject to this chapter to submit any documentation the Department determines necessary for the effective administration and enforcement of this chapter.DEPARTMENT OF THE ENVIRONMENT 26.11.34.14 Enforcement.

26.11.34 Page 12 Effective as of February 28, 2013 .14 Enforcement. A. Inspections. (1) The Department, the Administration, or their agents have the right to conduct inspections and surveillance of new and used motor vehicles for the purposes of determining compliance with the requirements of this chapter. (2) The inspections authorized under §A(1) of this regulation may: (a) Be conducted on any premises owned, operated, used, leased, or rented by any vehicle dealer; (b) Extend to all emissions-related parts and their operation; (c) Require the on-premises operation and testing of an engine or vehicle; and (d) Require inspection of any related records, including r ecords of emissions-related part repairs performed under warranty. (3) Refusal to allow, or inte rference with, the inspections under this regulation shall be considered a violation of this chapter. B. Functional, Steady-State, and Other Tests. (1) The Department, or its agents, may perf orm functional tests, steady-state tests, and other tests as reasonably necessary. (2) In addition to all other compliance procedures defined in the California Standards, emission test standards defined in the California Assembly Line and In-Use Requirements may be used by the Department to verify compliance with the requirements of this chapter.
C. Vehicle Recalls. (1) Except as allowed in §C(3) of this regulation, any orde r or enforcement action taken by CARB to correct noncompliance with any requirement of the California Standards and which results in the recall of any vehicle pursuant to the California Reca ll Requirements shall be applicable to all vehicles subject to this chapter. (2) Except as allowed in §C(3) of this regulation, any volun tary or influenced emissions-related recall campaign initiated by any manufacturer pursuant to the California Recall Requirements shall extend to all applicable vehicles subject to this chapter

. (3) The Department may exempt Maryland vehicles from the provisions of §C(1) or (2) of this regulation if a vehicle manufacturer demonstrates to the Department's satisfaction with in 21 days of CARB approval of a recall campaign, that the campaign is not applicable to vehicles delivered for sale in Maryland. D. The Department shall enforce the requirem ents of this chapter in accordance with the requirements defined in the California Standards and applicable federal and Maryland law. E. Failure to submit any of the required reports, test data, inspection data, or any other information requested in this chapte r shall be considered a violation and is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each day of violation is a separate violation. F. A person who violates any provision of this chapter is subj ect to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each non-compliant vehicle is a separate violation.

Administrative History

Effective date: December 17, 2007 (34:25 Md. R. 2215)

Regulation .02B amended effective November 16, 2009 (36:23 Md. R. 1819); May 16, 2011 (38:10 Md. R. 617) Regulation .02B amended as an em ergency provision effective December 31, 2012 ( 40:1 Md. R. 19); amended permanently effective M arch 4, 2013 (40:4 Md. R. 347)26.11.35 Page 1 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, A nnotated 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 eval uated in a research and development, quality assurance, or analytical laboratory, if records are ma intained as required in Regulation .05A of this chapter; (2) Adhesives, sealants, adhesive primers, or sealant primer s that are subject to COMAR 26.11.19.15C(1)—(3), COMAR 26.11.19.30 in accordan ce with the conditions in the re gulation, 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 primer s, 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 a pply to the use of adhesives, sealants, a dhesive 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, po lyester 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, seal ants, adhesive primers, and sealant primers used at the source are less than 200 pou nds 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.DEPARTMENT OF THE ENVIRONMENT 26.11.35.02

26.11.35 Page 2 Effective as of November 12, 2010 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, an d surface prepara tion solvents if: (1) The total volume of noncomplying adhesives, sealants, prim ers, cleanup solvents, and su rface 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 requi red 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 sh ipment and use outside the State; and (2) The manufacturer or distri butor has taken reasonable precautions to assure th at 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 sealan t primer to a person using State permitted add-on air pollution control equipment, pursuant to Regulation .04E of this chapter, to comply wit h the requirements of this chapter.

I. The VOC limitations in Regulation .04 of this chapter shall be ap plicable to single-ply roof membrane installation and repair adhesives, single-ply roof membrane sealants, and single-p ly roof membrane adhesive pr imers 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 Va rious Materials (Revised February 1996). (2) ASTM Designation: ASTM D 4457-85 (Reapproved 1996) Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethan e 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 C hromatograph. (7) ASTM Designation: ASTM D 2879-86 Standard Test Method for Vapor Pressure-Tempera ture 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.AIR QUALITY

26.11.35.03

26.11.35 Page 3 Effective as of November 12, 2010 (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 th e purpose of bonding two surf aces 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 prov ide a bonding surface. (5) "Aerosol adhesive" means an adhesive packaged as an aer osol product in which the sp ray mechanism is permanently housed in a nonrefillable can designed for handheld applicati on 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 seal ant 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 sustaine d pressure or clamping of surfaces after the adhesive-coa ted surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. (b) "C ontact 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 26.11.35.03

26.11.35 Page 4 Effective as of November 12, 2010 (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 cya noacrylate content of at least 95 percent by weight. (19) "Dry wall installation" means the inst allation 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 consis ting 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 seal ant primer labeled for application to wooden marine decks. (27) "Medical equipment manufacturing" m eans the manufacture of medical device s, 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 produc ts 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 limite d 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 roofi ng 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, pr edecorated hardboard or tileboard, fiberglass-reinforced plastic, and similar predecorated or nondecorat e d panels to studs or solid surfaces usi ng an adhesive formul ated for that purpo se. (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 inte nded by the manufacturer for use to dissolve the surface of plastic, except ABS, CPVC, and PVC plastic, to form a bond between mating surfaces.AIR QUALITY

26.11.35.03

26.11.35 Page 5 Effective as of November 12, 2010 (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 orga nic 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 pressu re 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 wave s 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 wave s, 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 terpolyme r. (49) "SCAQMD" means the South Coast Air Quality Management Di strict, 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 jo ints 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

26.11.35 Page 6 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, dissolve r, viscosity reducer, cleaning agent, or other related use. (58) "Specialty electronic systems and s ubsystems for defense and homeland s ecurity" 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 subfloor ing 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 bon d 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 include s expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or crev ice with rubber. (65) "Traffic marking tape" means preformed reflective film intended by the manufacturer for application to public streets, highways, and other surfaces, including curb s, berms, driveways, and parking lots. (66) "T raffic marking tape adhesive primer" means a primer inte nded by the manufacturer for ap plication 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

26.11.35 Page 7 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 adhe sive, sealant, adhesive primer, or seal ant primer in excess of the applicable VOC content limits speci fied in Table 1; or (3) Use or apply an adhesive, sealant, adhesive primer, or seal ant primer within the State th at 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 seal ant 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 togeth er, the applicable substrate category with the highest VOC content applies.
C. Surface Preparation or Cleanup Solvent. (1) This section applies to a person s ubject to this chapter using a surface preparatio n 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 su rface preparation solvent is less than 70 grams per liter. (3) If a surface preparation solvent is used in applying singl e-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 surf aces, other than spray applicati on 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 eq uivalent 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 clos ed container that remains closed except when adding parts to or removing parts from the container.

D. A person using an adhesive, sealant, adhesi ve primer, or sealant primer subject to this chapter may comply with §§A(3) and C of this regulation using add-on air pollution control equi pment 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 continuo usly if a thermal incinerator is operated; (3) Inlet and exhaust gas temperatures are monitored con tinuously if a catalytic incinerator is operated; (4) Control device efficiency is monitored continuously if a carbon ab sorber or control device other than a thermal or catalytic incinerator is operated; (5) Operational records sufficient to demons trate compliance with the re quirements 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 26.11.35.04

26.11.35 Page 8 Effective as of November 12, 2010 E. A person using adhesives, sealants, adhesive primers, sealan t primers, surface preparation so lvents, or cleanup solvents subject to this chapter shall store or dispose of all absorbent ma terials, such as cloth or pape r, that are moistened with adhe sives, sealants, primers, or solvents subject to this chapter in nonabs orbent 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 cl eanup solvent if the use or app lication results in a violation of this chapter. This requirem ent 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 chap ter is to be used at a location in the State.
G. Table 1.

VOC Content Limits for Adhesives, Sealants, Adhesive Pri mers, 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 2.08AIR 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 fo llowing information: (1) A list of each adhesive, sealant, adhesive primer, sealant pr imer, cleanup solvent, and surf ace 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; andDEPARTMENT OF THE ENVIRONMENT 26.11.35.06

26.11.35 Page 10 Effective as of November 12, 2010 (6) The monthly volume of each adhesive, seal ant, adhesive primer, sealant primer, cleanup solvent, or surface preparation solvent used.
C. A person who complies with Regulation .04B of this chapter th rough 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 pr imer, 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 co ntrol 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 sh all 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:

P pc = VOC composite partial pressure at 20°C, in millimeters of mercury;

W i = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91;

W w = Weight of water, in grams as determined by ASTM D 3792-86;

W e = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91;

M wi = Molecular weight of the "i"th VOC compound, in gram s per mole, as given in chemical reference literature;

M ww = Molecular weight of water, 18 grams per mole;

M we = Molecular weight of the "i"th exempt compound, in grams per mole, as given in chemical reference literature;

V pi = 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 comp onent 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

26.11.35.06

26.11.35 Page 11 Effective as of November 12, 2010 G. If air pollution control equipment is used to meet the requirements of this chapter, the owne r 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 dete rmined in accordance with U.S. EPA Me thods 25, 25A, or 25B or CARB Method 100.

H. The active and passive solvent losses fr om 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 reactiv e 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 = (W s -W w -W e ) / (V m -V w -V e )
Where:

W s = weight of volatile compounds, in grams;

W w = weight of water, in grams;

W e = weight of exempt compounds, in grams;

V m = volume of material, in liters;

V w = volume of water, in liters;

V e = volume of exempt compounds, in liters.

J. For adhesives that contain reactive diluents , the VOC content of the adhesive is de termined 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 = (W rs -W rw -W re ) / (V rm -V rw -V re )
Where:

W rs = weight of volatile compounds not consumed during curing, in grams;

W rw = weight of water not consumed during curing, in grams;

W re = weight of exempt compounds not consumed during curing, in grams;

V rm = volume of material not consumed during curing, in liters;

V rw = volume of water not consumed during curing, in liters;

V re = 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 = (W s -W w -W e ) / V m Where:

W s = weight of volatile compounds, in grams;

W w = weight of water, in grams;

W e = weight of exempt compounds, in grams;

V m = volume of material, in liters.DEPARTMENT OF THE ENVIRONMENT 26.11.35.07

26.11.35 Page 12 Effective as of November 12, 2010 L. Percent of VOC by weight shall be calcu lated according to the following equation: Percent of VOC by weight = [(W v / W)] × 100
Where:

W v = 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 followi ng 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 th is 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 accord ance with Regulation .06 of this chapte r, which includes the manufacturer's maximum recommendation for thinning, as ap plied, displayed in grams of VOC per liter of product.

Administrative History

Effective date:

Regulations .01—.07 adopted as an emerge ncy provision effective January 11, 2008 (35:3 Md. R. 287); adopted permanently effecti ve 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 Ju ne 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, A nnotated 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 elect ric power consumption from the grid by: (a) Changing or shifting on-s ite 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 emergenc ies, and that affects pricing, system stability, and overall pla nning in the electricity market. (4) “Economic response program” means a demand response pr ogram where a facility is economically incentivized to curtail on-site electricity demand from the grid when prices are high, which primar ily 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 prog ram where a facility curtails on-site electricity demand only during an emergency declared by th e PJM in accordance with Manual 13, Emerge ncy 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) “L oad 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 agricu ltural equipment or industrial equipment, including the period when equipment or a facility is being maintained an d the engine is used in place of the primary power source. (11) “Participating engine” means an internal combustion engine locat ed 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 regul ation, 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 op eration of the engine is necessary to s upport 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 sh aving 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 thi s 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 th at was installed on or before January 1, 2009, shall: (a) Install a NOx control system to meet an emissions st andard of 1.4 grams per brake horsepower or less; (b) Replace the engine with a new engine that meets federal new source perfor mance 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) Th e 10-hour limit in §B(1)(c) of this regulation is exclusiv e 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 ow nership 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 exclusiv e 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 ma nufactured 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 initi al 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 NO x 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 Ke eping.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 th e 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 Curt ailment 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 particip ating facility and the te lephone 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 Pu blic Service Commission of Maryland Certificate of Public Convenience and Necessity (CPCN) Exemp tion, 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 particip ating 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 und er 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 re quested 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 ot her 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 inform ation, confidential financial information, a trade secret, or otherwise subject to mandatory non-disclosure requirements un der State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.
C. The a nnual 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)26.11.37 Page 1 Effective as of July 08, 2013 

### Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY Chapter 37 Outer Continental Shelf Air Regulations

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-203, A nnotated Code of Maryland

.01 Definitions. A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined. (1) "Corresponding onshore area (COA)" means, with respect to any existing or proposed OCS source located within 25 miles of a State's seaward boundary, the ons hore area that is geographically closest to the source or another onshore area that the Administrator designates as the COA, pursuant to 40 CFR §55.5,as amended. (2) Outer Continental Shelf (OCS) Source. (a) "Outer Continental Shelf (OCS) source" mean s any equipment, activity, or facility which: (i) Emits or has the potential to emit any air pollutant; (ii) Is regulated or authorized under the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. §1331 et seq.); and (iii) Is located on the OCS or in or on waters above the OCS. (b) "Outer Continental Shelf (OCS) source" includes vessels only when they are: (i) Permanently or temporarily attached to the seabed and erected thereon an d used for the purpose of exploring, developing or producing resources therefrom, within the meaning of section 4(a)(1) of OCSLA (43 U.S.C. §1331 et seq.); or (ii) Physically attached to an OCS facility, in which case only the stationary sources aspects of the vessels will be regulated.
.02 Applicability. Upon delegation of authority by the Administrator of the EPA to the Department, this regulation shall apply to the owner or operator of any Outer Continental Shelf (OCS) source for which Ma ryland is the corresponding ons hore area (COA) as authorized under Section 328 of the Federal Clean Air Act Amendments (42 U.S.C. 7627) and 40 CFR Part 55, as amended.
.03 Incorporation by Reference. A. In this chapter the following docume nts are incorporated by reference. B. Documents Incorporated. (1) 40 CFR §55.1, as amended (Statutory authority and scope). (2) 40 CFR §55.2, as amended (Definitions). (3) 40 CFR §55.3, as amended (Applicability). (4) 40 CFR §55.4, as amended (Requirements to submit a notice of intent). (5) 40 CFR §55.6, as amended (Permit requirements). (6) 40 CFR §55.7, as amended (Exemptions). (7) 40 CFR §55.8, as amended (Monitoring, reporting, inspections, and compliance). (8) 40 CFR §55.9, as amended (Enforcement). (9) 40 CFR §55.10, as amended (Fees). (10) 40 CFR §55.13, as amended (Federal requirements that apply to OCS sources). (11) 40 CFR §55.14, as amended (Requirements that apply to OCS sources located within 25 miles of states' seaward boundaries, by State). (12) 40 CFR §55.15, as amended (Specific designation of corresponding onshore areas).DEPARTMENT OF THE ENVIRONMENT 26.11.37.04

26.11.37 Page 2 Effective as of July 08, 2013 (13) Appendix A to 40 CFR Part 55, as amended (Listing of St ate and Local Requirements Inco rporated by Reference into Part 55, by State).
.04 Requirements. An OCS source shall comply with all requirements of the this sub title to the extent that they are incorporated by EPA into 40 CFR §55.14, as amended.

Administrative History

Effective date: July 8, 2013 (40:13 Md. R. 1077)