CODE OF MARYLAND REGULATIONS 

Title 26.11 

DEPARTMENT OF THE ENVIRONMENT 

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© Office of the Secretary of State 2011 
ii 

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 1988 
26.11.01 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, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) Actual Emissions. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

required in Regulation .05-1 of this chapter. 

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

(a) “CO2 equivalent emissions (CO2e)” means the amount of GHGs emitted. 

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

(i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the mass amount of emissions (tpy), for each of the 

six greenhouse gases in the pollutant GHGs, by the gas‘s associated global warming potential published at Table A–1 to Subpart 

A of 40 CFR Part 98 — Global Warming Potentials (74 FR 56395); 

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

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

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

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

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

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

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

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

flue, or other conduit. 

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

conduit. 

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

with the procedures in this subtitle to continuously measure and record the emission rate or concentration of a substance in a gas 

stream. 

(9-1) "Continuous opacity monitor (COM)" means a system of instruments installed, operated, and calibrated in accordance 

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

greater than 15 second increments. 

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

control device, expressed as a percentage. 

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

(12) "Control officer" means: 

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

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

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

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

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

Inspections; or 

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

(13) Reserved. 

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

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

oil. 

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

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

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

(a) Boiler that has the primary function of heating air, water, or any other medium through indirect heat transfer from the 

burning of fuels; or 

(b) Stationary internal combustion engine or stationary combustion turbine used to produce mechanical or electrical 

energy. 

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

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

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

(a) carbon dioxide (CO2); 

(b) methane (CH4); 

(c) nitrous oxide (N2O); 

(d) sulfur hexafluoride (SF6); 

(e) hydrofluorocarbons (HFCs); and 

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

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

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

(20) Modification. 

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

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

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

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

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

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

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

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

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

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

agency of another state. 

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

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

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

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

(22) Reserved. 

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

amended. 

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

requirements of COMAR 26.11.17. 

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

not constitute a security or other form of property. 

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

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

the background. 

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

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

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

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

expressed as equivalent molecular weight of NO2. 

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

exists as a liquid or a solid at standard conditions. 

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

discharged into the ambient air. 

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

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

nominal 2.5 micrometers, discharged into the ambient air. 

(31) "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers. 
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(32) "PM10 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers, discharged into the ambient air. 

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

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

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

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

the use of property. 

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

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

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

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

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

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

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

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

40 CFR §52.21, as amended. 

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

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

will not. 

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

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

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

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

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

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

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

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

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

feasibility. 

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

for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 

(42) "Secretary" means the Secretary of the Environment. 

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

personal, or person contributing to air pollution. 

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

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

caps, nozzles, or other encumbrances. 

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

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

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

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

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

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

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

days, little cloud cover) and warm temperatures. 
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(50) "Unconfined source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, flue, or 

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

poorly maintained equipment. 

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

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

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

temperature. 

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

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

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

.02 Relationship of Provisions in this Subtitle. 

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

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

.03 Delineation of Areas. 

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

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

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

Baltimore, Carroll, Harford, and Howard. 

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

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

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

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

.04 Testing and Monitoring. 

A. Requirements for Testing. 

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

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

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

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

and shall be applicable to both new and existing stationary emission sources. These test methods may be modified or adjusted by

the Department to meet the requirements at certain types of sources, specific sampling conditions, and the need to incorporate 

advances and other new information relating to testing technology. 

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

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

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

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

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

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

B. Requirements for Monitoring. 

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

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

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

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

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

inspect any monitoring equipment or methods required under this section. 
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(3) Except when otherwise specified by the Department or the control officer, records required under this regulation shall be 

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

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

available for public inspection. 

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

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

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

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

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

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

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

amended; 

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

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

amended; or 

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

.05 Records and Information. 

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

sufficient to provide the information necessary to: 

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

standard, or material formulation standard; 

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

or permit condition; 

(3) Verify or update registration information; or 

(4) Update Maryland's air emissions inventory. 

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

(1) Maintain the necessary information in a format approved by the Department; and 

(2) Submit written reports, when requested by the Department, summarizing the information in a format approved by the 

Department and on a schedule specified by the Department. 

C. Whenever a provision in this subtitle requires submission or reporting of test results, reports, or other information to the

Department, unless otherwise specified, the information shall be submitted to: 

Program Manager 

Air Quality Compliance Program 

Maryland Department of the Environment 

1800 Washington Boulevard, Suite 715 

Baltimore, Maryland 21230 

410-537-4225 

D. Unless otherwise specified, all records, documentation or other information required by this subtitle, shall be maintained 

on-site and made available to the Department upon request. 

.05-1 Emissions Statements. 

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

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

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

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

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

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

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

B. General Requirements. 

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

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

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

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

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

(b) Responsible for the accuracy of the statement. 

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

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

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

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

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

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

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

emissions from each installation or source; 

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

production data that were used to determine emissions; 

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

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

statement; and 

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

.06 Circumvention. 

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

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

applicable air pollution control regulation. 

.07 Malfunctions and Other Temporary Increases of Emissions. 

A. Definitions. 

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

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

of a permit. 

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

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

preventable equipment breakdown may not be considered malfunctions. 

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

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

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

proceeding authorized by State and federal law. 

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

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

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

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

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

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

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

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

D. Written Report of Excess Emissions. 

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

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

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

(a) The identity of the installation; 

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

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

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

in determining the quantity; 

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

malfunction; 

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

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

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

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

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

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

(j) The steps taken or planned to prevent the reoccurrence of the excess emissions; and 

(k) Any other information requested by the Department which is relevant to the occurrence of excess emissions or a 

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

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

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

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

future period of time. 

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

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

the information is of insignificant use to the Department. 

.08 Determination of Ground Level Concentrations — Acceptable Techniques. 

A. Definitions. 

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

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

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

Ambient Air Quality Standards. 

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

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

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

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

31, 1970. 

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

demonstrating compliance with COMAR 26.11.15.06. 

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

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

(1) An approval or permit under this subtitle; 

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

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

.09 Vapor Pressure of Gasoline. 

See Figure 1. 
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.10 Continuous Opacity Monitoring Requirements. 

A. Applicability and Exceptions. 

(1) The provisions of this regulation apply to: 

(a) Fuel burning equipment burning coal, fuel oil, tars, or waste combustible fluid at any time and that has a rated heat 

input capacity of 250 million Btu per hour or greater; 

(b) Fuel burning equipment burning coal with a rated heat input capacity of 100 million Btu per hour or greater but less 

than 250 million Btu per hour and was constructed on or before June 19, 1984; 

(c) A cement kiln; 

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

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

(2) The owner or operator of an installation subject to this regulation may also be subject to the requirements of 40 CFR 

Parts 60 and 75, as amended. 

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

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

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

matter control equipment; and 

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

(4) The owner or operator of fuel burning equipment subject to this regulation may, with approval by the Department, 

discontinue use of a COM only in accordance with the provisions in COMAR 26.11.09.05C. 

B. General Requirements for COMs. 

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

(a) Install and continuously operate a COM that complies with a plan approved by the Department and EPA in 

accordance with §B(1)(b) of this regulation; and 

(b) Before installing a COM, submit to the Department for approval, a plan containing the COM design specifications, 

proposed location, and a description of a proposed alternative measurement method consisting of a schedule for utilizing the EPA 

Reference Method 9 observational procedures. 

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

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

which is incorporated by 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 Quality Assurance Procedures. 

(1) All certification testing, including certification performance tests and audits, shall be performed in accordance with 40 

CFR Part 60, Appendix B, as amended, which is incorporated by reference. 

(2) For fuel burning equipment subject to the federal Acid Rain Program, all certification testing, including certification 

performance tests and audits, shall be performed in accordance with 40 CFR Part 75, Appendix A, as amended. 

(3) Certification testing shall be repeated when the Department determines that the data are invalid because of component 

replacement or other conditions that affect the accuracy of generated data. 

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

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

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

and 
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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 breakdown and the estimated period of time 

that the COM will be down. The owner or operator shall notify the Department by telephone when the COM has met performance 

specifications for accuracy, reliability, and durability of acceptable monitoring systems, as provided in 40 CFR Part 51 Appendix 

P, and is producing data. 

(c) Except as otherwise approved by the Department and the EPA, a COM shall operate in compliance with the 

requirements of §B(2) of this regulation and collect data for at least 95 percent of the source's operating time during any calendar 

quarter. The alternative measurement plan required in §B(1)(b) of this regulation shall be used at all times when the COM fails to 

conform to performance standards required by §B(2) of this regulation during data collection. 

(2) Data Reporting Requirements. 

(a) A COM shall automatically reduce all data to six-minute block averages calculated from 24 or more equally spaced 

data points. 

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

(c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar 

quarter. The report shall be in a format approved by the Department, and shall include the following: 

(i) The cause, time periods, and the opacity of all emissions which exceed the applicable quarterly, daily and hourly 

emission standards as provided in COMAR 26.11.09.05A(4); 

(ii) The COM and installation downtimes, including the time and date of the beginning and end of each downtime 

period, and whether the downtime was scheduled; 

(iii) The cause of all COM downtime; 

(iv) The total operating time for the quarter, and the total time and percent of the operating time during the quarter that 

excess emissions occurred, and the percentage of COM downtime, during the calendar quarter; 

(v) Quarterly quality assurance activities; 

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

drift status; 

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

achieved. 

E. All information required by this regulation to be maintained or reported to the Department shall be retained and made 

available for review by the Department for a minimum of 5 years from the time the report is submitted. 

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; and 
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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 SOx, NOx, carbon monoxide 

emissions and either CO2 or oxygen; 

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

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

either oxygen or carbon dioxide. 

(4) Except as otherwise approved by the Department, if the owner or operator is unable to obtain emissions data from 

CEMs because of a malfunction of the CEM for more than 2 hours in duration, the owner or operator shall use the alternative 

measurement method approved by the Department and EPA. 

C. Quality Assurance for CEMs. A CEM used to monitor a gas concentration shall meet the quality assurance criteria of 40 

CFR Part 60, Appendix F, as amended, which is incorporated by reference, or, if applicable, the quality assurance criteria of 40 

CFR Part 75, Appendix B, as amended. 

D. Monitoring and Determining Compliance. 

(1) General. A CEM required by this regulation is the primary method used by the Department to determine compliance or 

non-compliance with the applicable emission standards established in any permit or approval, administrative or court order, 

Certificate of Public Convenience and Necessity, or regulation in this subtitle. 

(2) Data Reduction. A CEM used to monitor a gas concentration shall record not less than four equally spaced data points 

per hour and automatically reduce data in terms of averaging times consistent with the applicable emission standard. 

E. Record Keeping and Reporting Requirements. 

(1) CEM System Downtime Reporting Requirements. 

(a) All CEM system downtime that lasts or is expected to last more than 24 hours shall be reported to the Department by 

telephone before 10 a.m. of the first regular business day following the breakdown. 

(b) The system breakdown report required by §E(1)(a) of this regulation shall include the reason, if known, for the 

breakdown and the estimated period of time that the CEM will be down. The owner or operator of the CEM shall notify the 

Department by telephone when an out-of-service CEM is back in operation and producing data that has met performance 

specifications for accuracy, reliability, and durability of acceptable monitoring systems, as provided in COMAR 26.11.31, and is 

producing data. 

(2) CEM Data Reporting Requirements. 

(a) All test results shall be reported in a format approved by the Department. 

(b) Certification testing shall be repeated when the Department determines that the CEM data may not meet performance 

specifications because of component replacement or other conditions that affect the quality of generated data. 

(c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar 

quarter. The report shall be in a format approved by the Department, and shall include the following: 
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Effective as of July 08, 2013 

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

(ii) The source downtime including the time and date of the beginning and end of each downtime period and whether 

the source downtime was planned or unplanned; 

(iii) The time periods and cause of all CEM downtime including records of any repairs, adjustments, or maintenance 

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

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

(v) Quarterly quality assurance activities; 

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

drift status; and 

(vii) Other information required by the Department that is determined to be necessary to evaluate the data, to ensure 

that compliance is achieved, or to determine the applicability of this regulation. 

(d) All information required by this regulation to be reported to the Department shall be retained and made available for 

review by the Department for a minimum of 2 years from the time the report is submitted. 

Administrative History 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

—————— 

Chapter recodified from COMAR 10.18.01 to COMAR 26.11.01 

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

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

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

688) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

—————— 
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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 22, 1995 (22:10 Md. R. 

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

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

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

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

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

617) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regulation .10A, 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; January 4, 1971; January 17, 1972; May 12, 1973; December 2, 1973 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Effective date: May 28, 1968 

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

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

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

Regulation .02E, F adopted effective June 25, 1975 (2:14 Md. R. 1015) 
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Regulation .02F amended effective March 30, 1977 (4:7 Md. R. 579) 

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

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

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

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

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

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

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

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

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

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

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

1839) 

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

Administrative History of COMAR 10.18.04 before June 13, 1980 

Effective date: May 28, 1968 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Administrative History of COMAR 10.18.05 before June 13, 1980 

Effective date: May 28, 1968 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Effective as of December 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 subject to the provisions of 40 CFR 72, as amended. 

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

26.11.03.15. 

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

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

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

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

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

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

(5) Alternate Operating Scenarios. 

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

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

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

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

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

the permit but have future effective compliance dates: 

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

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

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

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

§7401 et seq.; 

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

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

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

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

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

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

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

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

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

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

of the Clean Air Act; 

(i) A standard or other requirement for the control of emissions from tank vessels under §183(f) of the Clean Air Act; 
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(j) A standard or other requirement of the program to control air pollution from outer continental shelf sources under 

§328 of the Clean Air Act; 

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

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

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

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

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

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

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

COMAR 26.11. 

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

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

(10) Application Shield. 

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

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

satisfied. 

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

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

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

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

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

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

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

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

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

2, Annotated Code of Maryland. 

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

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

Part 70. 

(16) Draft Permit. 

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

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

40 CFR §70.8. 

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

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

(18) Emissions Unit. 

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

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

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

Act. 

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

permit to construct or State permit to operate that meet the requirements of Regulation .03 of this chapter. 
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(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 that meets the requirements of COMAR 26.11.03.21. 

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

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

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

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

Code of Maryland. 

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

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

approved by EPA. 

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

26.11.03.16. 

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

26.11.03.19. 

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

26.11.03.18. 

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

issued, renewed, or revised pursuant to COMAR 26.11.03. 

(33) Part 70 Source. 

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

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

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

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

source. 

(35) Permit to Construct. 

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

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

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

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

26.11.03.16 or a significant permit modification under COMAR 26.11.03.17. 

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

(39) Permit Shield. 

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

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

(40) Portable Emission Unit. 

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

asphalt plants, portable stone crushers and screens, and portable stills. 
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(b) "Portable emission unit" includes other emission units that are designed to be moved from site to site and that are not 

major sources as defined in the Clean Air Act. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) A Class I or II substance subject to a standard concerning stratospheric ozone protection promulgated under or 

established by Title VI of the Clean Air Act; 

(e) A hazardous air pollutant subject to a standard promulgated under §112 or other requirements established under §112 

of the Clean Air Act, including provisions for modifications under §112(g), provisions for equivalent emissions limitations by 

permit under §112(j), and provisions for prevention of accidental releases under §112(r) of the Clean Air Act, including the 

following: 

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

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

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

and 

(ii) A pollutant for which the requirements of §112(g)(2) of the Clean Air Act have been met, but only with respect to 

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

(f) A greenhouse gas (GHG) as defined in COMAR 26.11.01.01B(18-1) and subject to regulation under the "Prevention 

of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) and the "Deferral for CO2 Emissions 

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

43490). 

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

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

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

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

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

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

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

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

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

second quarter 1980 dollars, or 

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

(b) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; 
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(c) For a municipal, State, federal, or other public agency: either a principal executive officer or ranking elected official; 

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

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

regional administrator of EPA; or 

(d) For affected sources: 

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

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

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

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

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

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

26.11.03.17. 

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

volatile portion of the material. 

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

governed by State law and enforceable only by the State. 

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

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

not a Part 70 permit. 

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

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

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

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

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

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

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

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

C. Major Source. 

(1) "Major source" means a stationary source or group of stationary sources that are located on one or more contiguous or 

adjacent properties, and are under common control of the same person, or persons under common control, belonging to a single 

major industrial grouping and that is described as follows: 

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

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

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

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

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

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

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

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

stations are major sources; or 

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

(b) Except as provided in §C(1)(d) of this regulation, a major stationary source of air pollutants, as defined in §302 of the 

Clean Air Act, that directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant including a major 

source of fugitive emissions of the pollutant, as determined by rule by the EPA; or 
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(c) A major stationary source as defined in Part D of Title I of the Clean Air Act, concerning nonattainment areas, 

including any stationary source which emits or has the potential to emit: 

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

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

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

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

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

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

(iv) 100 tons per year or more of carbon monoxide for sources located in the areas designated as nonattainment for 

carbon monoxide in 40 CFR §81.321 (1992 edition); 

(d) A GHG source shall not be considered a major stationary source of any GHG under §C(1)(b) of this regulation unless 

it is subject to regulation under paragraphs(1) and (2) of the definition of “Subject to regulation” in 40 CFR 70.2, as amended by 

“Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule” (75 FR 31514) and the "Deferral for CO2

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

(76 FR 43490). 

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

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

following categories of stationary source: 

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

(b) Kraft pulp mills; 

(c) Portland cement plants; 

(d) Primary zinc smelters; 

(e) Iron and steel mills; 

(f) Primary aluminum ore reduction plants; 

(g) Primary copper smelters; 

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

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

(j) Petroleum refineries; 

(k) Lime plants; 

(l) Phosphate rock processing plants; 

(m) Coke oven batteries; 

(n) Sulfur recovery plants; 

(o) Carbon black plants (furnace process); 

(p) Primary lead smelters; 

(q) Fuel conversion plants; 

(r) Sintering plants; 

(s) Secondary metal production plants; 

(t) Chemical process plants; 

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

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

(w) Taconite ore processing plants; 
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(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 pollutants, of the Clean Air Act, but only with respect to those air 

pollutants that have been regulated for that category. 

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

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

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

Classification Manual, 1987. 

.02 General Provisions. 

A. Registration. 

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

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

Department of the source. 

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

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

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

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

B. Permits to Construct and Approvals. 

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

except as specified in Regulation .10 of this chapter. 

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

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

70 permit that is required for the same source. 

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

this chapter. 

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

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

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

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

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

provided in COMAR 26.11.03.15. 

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

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

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

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

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

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

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

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

fine and imprisonment for knowing violations." 

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

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

the applicant claims that the information is confidential when it is submitted to the Department and the Department, at the time of 
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a request for inspection or copying, determines that the information is confidential, in accordance with the provisions of State 

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

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

Department, promptly provide specific reasons supporting the claim of confidentiality. Information provided to the Department 

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

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

Part 70 permit are not subject to confidential treatment. 

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

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

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

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

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

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

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

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

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

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

regulation by the Department. 

L. Portable Emissions Units. 

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

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

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

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

Regulation .04E of this chapter. 

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

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

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

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

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

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

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

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

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

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

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

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

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

requirement of the Clean Air Act. 

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

Clean Air Act. 

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

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

federally enforceable. 

.04 Duration of Permits. 

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

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

B. Permits to Construct and Approvals. A permit to construct or an approval expires if, as determined by the Department: 
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(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 emission unit within the source for a period not to exceed 90 days. In the 

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

period not to exceed 1 year. 

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

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

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

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

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

.05 Violation of Permits and Approvals. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provisions of the permit. 

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

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

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

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

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

pollution control law. 

.06 Denial of Applications for State Permits and Approvals. 

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

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

the satisfaction of the Department that the source: 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 20, 2012 

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

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

(b) Requirements for National Emission Standards for Hazardous Air Pollutants sources (NESHAP sources) contained in 

COMAR 26.11.15.02, 

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

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

26.11.06.14; 

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

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

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

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

except as permitted in COMAR 26.11.17; 

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

of Maryland; and 

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

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

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

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

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

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

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

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

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

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

subsequent operating permits; 

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

Maryland; and 

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

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

permit to operate if: 

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

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

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

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

A. Notification of Denial; Hearings. A denial of a permit to construct, an approval, a State permit to operate, or the State-only 

enforceable provisions of a Part 70 permit shall be served as summonses 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 by 

the applicant, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, and 

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 permit 

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. When a hearing is requested by the permittee, it shall be held pursuant 
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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 and 

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

Department shall consider, among other things: 

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

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

and COMAR 26.11.03; and 

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

control law or of the Clean Air Act. 

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

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

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

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

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

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

.09 Sources Subject to Permits to Construct and Approvals. 

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

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

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

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

and 7-208, Annotated Code of Maryland; 

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

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

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

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

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

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

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

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

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

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

lead—permit to construct required; 

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

chapter—permit to construct required. 

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

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

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

permits to construct required by §A(3)—(6) of this regulation. 

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 

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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 effect, a permit to construct: 

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

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

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

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

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

D. Repealed. 

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

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

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

G. Portable brazing, soldering, or welding equipment; 

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

released from specific units of equipment; 

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

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

J. Equipment used exclusively for steam cleaning; 

K. Grain, metal, plastic, or mineral extrusion presses; 

L. Porcelain enameling drying ovens; 

M. Unheated VOC dispensing containers or unheated VOC rinsing containers of 60 gallons (227 liters) capacity or less; 

N. Equipment used for hydraulic or hydrostatic testing; 

O. The following equipment or an exhaust system or collector servicing exclusively this equipment: 

(1) Blast cleaning equipment using a suspension of abrasive in water; 

(2) Commercial bakery ovens with a rated heat input capacity of less than 2,000,000 Btu per hour; 

(3) Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, electricity, or any 

combination of these; 

(4) Confection cookers where the products are edible and intended for human consumption; 

(5) Drop hammers or hydraulic presses for forging or metal working; 

(6) Die casting machines; 

(7) Photographic process equipment used to reproduce an image upon sensitized material through the use of radiant energy; 

(8) Equipment for drilling, carving, cutting, routing, turning, sawing, planing, spindle sanding, or disc sanding of wood or 

wood products; 

(9) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions; 

(10) Equipment for washing or drying products fabricated from metal or glass, provided that no VOC is used in the process 

and that no oil or solid fuel is burned; 

(11) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solution or bleach or detergents; 

(12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, or electrolytic 

stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals; 

(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; 
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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 capacity of 2,000 gallons (7.6 cubic meters) or less; 

R. Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does not involve molten 

materials; 

S. Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) or less each, in 

which no sweating or distilling is conducted, or any fluxing conducted, using chloride, fluoride, or ammonium compounds and 

from which only the following metals are poured or in which only the following metals are held in a molten state: 

(1) Aluminum or any alloy containing over 50 percent aluminum, if no gaseous chloride compounds, chlorine, aluminum 

chloride, or aluminum fluoride is used; 

(2) Magnesium or any alloy containing over 50 percent magnesium; 

(3) Lead or any alloy containing over 50 percent lead; 

(4) Tin or any alloy containing over 50 percent tin; 

(5) Zinc or any alloy containing over 50 percent zinc; 

(6) Copper; or 

(7) Precious metals; 

T. Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping purposes; 

U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of 5 square feet (0.46 square 

meter) or less; 

V. Hazardous waste incinerators, as defined in COMAR 26.13.01.03B(33), and for which a hazardous waste facility permit 

has been applied or issued by the Department under COMAR 26.13.07; 

W. Sheet-fed letter or lithographic printing presses with a cylinder width of less than 18 inches; and 

X. Other installations if: 

(1) The proposed installation is not subject to any source-specific State or federal limitation or emissions standard, 

including any mass emissions rate limitation, pollutant concentration limitation, material formulation standard, equipment 

performance standard, or work practice standard; 

(2) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in COMAR 

26.11.15.01B(4); and 

(3) The pre-control potential-to-emit from the proposed installation, combined with any potential increase in emissions 

from other installations that could be caused by the proposed installation, is less than 1 ton per calendar year for: 

(a) Volatile organic compounds; 

(b) Each pollutant for which there is a federal ambient air quality standard; and 

(c) Each Class II toxic air pollutant, as defined in COMAR 26.11.15.01B(5). 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of December 20, 2012 

.11 Procedures for Obtaining Permits to Construct Certain Significant Sources. 

A. Applicability. 

(1) The owner or operator of a source shall comply with the procedures in this regulation when applying for a permit to 

construct for any of the activities listed in §A(2) of this regulation at any source: 

(a) For which a State permit to operate is required, as provided in Regulation .13 of this chapter; 

(b) Subject to federal new source performance standards at 40 CFR 60, national emission standards for hazardous air 

pollutants at 40 CFR 61, or prevention of significant deterioration requirements at 40 CFR §52.21; 

(c) That, after control, will discharge 25 tons per year or more of a pollutant regulated under Environment Article, Title 

2, Annotated Code of Maryland, in the areas of Baltimore City designated by the United States Post Office as zip code numbers 

21225, 21226, and 21230; or 

(d) Of lead that will discharge 5 tons per year or more of lead or lead compounds measured as elemental lead. 

(2) This regulation applies to applications for permits to construct for the following activities at the sources listed in §A(1) 

of this regulation: 

(a) Construction of a new source; 

(b) Replacement of components of an existing permitted source, if the fixed capital cost of the replacement components 

exceeds 1/2 of the fixed capital cost that would be required to construct a new source comparable in process to the existing 

source; and 

(c) Modification of an existing permitted source by making a physical or operational change to the source that will result 

in a significant net increase in emissions of any pollutant from that source. 

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, for a 

permit to construct and a Part 70 permit, or a revision to a Part 70 permit. These procedures may provide for combined public 

notices, informational meetings, and public hearings for both permits but may not adversely affect the rights of a person, 

including the EPA and affected states, to obtain information about the application for a permit, to comment on an application, or 

to challenge a permit that is issued. In addition, these procedures may not alter any existing Part 70 permit procedures or time 

frames. 

D. Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms 

provided by the Department. The information that the Department requires may vary depending on the type of source. The 

applicant shall provide information sufficient to enable the Department to determine whether the source can be constructed so that 

it can comply with all applicable requirements of the Clean Air Act and State air pollution control law. An application shall 

include evidence of compliance with State Workers' Compensation laws as required by Environment Article, §1-202, Annotated 

Code of Maryland. Unless otherwise required by the Department, the application forms shall be complete and include the 

following information: 

(1) For process or manufacturing equipment or operations: 

(a) Drawings that depict the layout of the equipment or operations; 

(b) Flow sheets that depict how the equipment or operations relate to each other; 

(c) Material balance sheets; 

(d) Equipment drawings and literature; and 

(e) Purchase specifications; 
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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 Department shall require the applicant to send to a newspaper for 

publication a notice regarding the application that satisfies the requirements of Environment Article, §1-602(a), Annotated Code 

of Maryland. As determined by the Department, the notice shall provide for an informational meeting or an opportunity for the 

public to request an informational meeting within 10 days of publication of the notice. If the Department decides to hold an 

informational meeting because of requests for a meeting, the Department shall publish or require the applicant to publish a notice 

regarding the informational meeting that satisfies the requirements of Environment Article, §1-602(a), Annotated Code of 

Maryland. Unless the Department determines otherwise, notice of an informational meeting shall be published not later than 10 

days before the meeting is held. 

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 draft permit, which will be available to the public for inspection 

and copying. 

I. Notice of Tentative Determination; Public Comment; Public Hearing. The Department shall publish or require the applicant 

to publish a notice regarding the tentative determination that satisfies the requirements of Environment Article, §1-602(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, nonadjudicatory hearing will be held regarding the tentative determination or 

that the public may request in writing within 20 days that a public hearing be held. If the Department decides to hold a public

hearing because of requests for a hearing from the general public filed in writing within the 20-day request period, or from the 

applicant, the Department shall publish or require the applicant to publish a notice regarding the hearing that satisfies the 

requirements of Environment Article, §1-602(a), Annotated Code of Maryland. 

J. Public Comments. If a public hearing is held regarding the tentative determination, the applicant shall attend the hearing and 

present information concerning the application. Written public comments will be accepted if they are received by the Department

at the public hearing or within 5 days after the public hearing. Oral public comments may be made at the public hearing. The 

Department shall consider all public comments that raise issues of law or material fact regarding an application for a permit or a 

tentative determination, but only if the issues are pertinent to requirements of the Clean Air Act or State air pollution control law 

applicable to the proposed permit to construct. Comments raising issues that relate to the location or nature of a proposed source 

may be considered only if the commenter first demonstrates to the satisfaction of the Department that the Department is required 

by law to consider the issues. 

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

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26.11.02 Page 16 

Effective as of December 20, 2012 

(1) Timely and pertinent written comments are received during the public comment period, or not later than 5 days after the 

public hearing, that are adverse to the tentative determination; 

(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 tentative 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 applicant 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 final 

determination under §K of this regulation, the Department shall issue or deny the permit and the tentative determination becomes 

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 request for 

adjudication to the Department if the submission contains factual 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 hearing 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 hearings and for conducting these hearings are set forth in State 

Government Article, Title 10, Subtitle 2, and Environment Article, §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 expressly provided in Environment Article, §1-605(d), Annotated Code of

Maryland. 

N. For the purposes of this regulation, a notice that satisfies the requirements of Environment Article, §1-602(a), Annotated 

Code of Maryland, is a notice that is published at least once a week for 2 consecutive weeks in a daily newspaper of general 

circulation in the geographic area in which the 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 representative, and may require the

applicant to post the notice in the vicinity of the proposed source or at public facilities in the geographic area of the proposed 

source. The applicant shall bear all costs related to providing the notice. 

.12 Procedures for Obtaining Approvals of PSD Sources and NSR Sources, 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; 
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(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 operator 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 permit to 

construct shall be submitted concurrently and will be processed simultaneously. The time limits in Regulation .11 of this chapter 

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 subject to a request for a contested 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 the 

Department to determine whether the source can comply with the requirements of COMAR 26.11.06.14 for a PSD source, or 

COMAR 26.11.17 for an NSR source. 

D. Within 10 working days, the Department shall acknowledge receipt of an application for an approval or permit to construct. 

E. After receipt of a complete application, the Department shall: 

(1) Make a determination to proceed with the application or deny the approval or permit to construct; 

(2) Upon a determination to proceed with the application, make available for public inspection in at least one location in the 

region in which the proposed source is to be constructed, a copy of the information submitted by the applicant and a copy or 

summary of other information considered by the Department. 

F. Notice of Opportunity to Submit Written Comments and to Request a Public Hearing. The applicant shall publish a notice 

in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a 

certification of publication with the Department. The notice shall be made at the applicant's expense, in a format approved by the 

Department, and include: 

(1) A summary of the nature and location of the proposed source; 

(2) The place where the information required by §E(2) of this regulation is available for public inspection; 

(3) A statement that a person has 10 days after the publication date of the notice to submit a written request for a public, 

nonadjudicatory hearing on the application; 

(4) A statement that a person has 30 days after the publication date of the notice to submit written comments on the 

application; and 

(5) The address to which the request for a public hearing and written comments shall be sent. 

G. Notice of Public Hearing. If the Department schedules a public hearing on an application, the applicant shall publish a 

notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice 

and a certification of publication with the Department. The notice shall: 

(1) Be made at the applicant's expense in a format approved by the Department; 

(2) Include the date, time, location, and subject of the hearing; and 

(3) Be published at least 30 days before the scheduled hearing. 

H. The Department may decide to proceed directly to a public hearing, in which event the requirements of §§F and G of this 

regulation will be combined as appropriate to ensure that the public has 30 days notice of the public hearing and 30 days 

opportunity to provide written comments. 

I. The Department shall consider all public comments that raise issues of law or material fact regarding an application for an 

approval or permit to construct, but only if the issues are pertinent to requirements applicable to PSD and NSR approvals or 
DEPARTMENT OF THE ENVIRONMENT 

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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 Department 

that the Department is required by law to consider the comments. 

J. Not later than 60 days after the conclusion of a public comment period or the public hearing, whichever is later, the 

Department shall issue or deny the approval or permit to construct. 

K. A source for which an approval is obtained under this regulation may not be constructed until a permit to construct is 

obtained for the source. 

L. In place of all or any portion of the procedures set forth in this regulation, the Department may use all or any portion of the

procedures set forth in 40 CFR §52.21 to process an application for approval of a PSD source. 

.13 Sources Subject to State Permits to Operate. 

A. Except for a source that is covered by a Part 70 permit, a person may not operate or cause to be operated any of the 

following sources without first obtaining, and having in current effect, a State permit to operate as required by this regulation: 

(1) General and by-product waste incinerators of 2,000 pounds (907 kilograms) or more per hour rated capacity, 

crematoriums, pathological incinerators, incinerators burning special medical waste as defined in COMAR 26.13.11.02B, and 

sewage sludge incinerators; 

(2) Fuel-burning equipment, hot oil heaters, and stationary combustion turbines with a maximum rated heat input capacity 

of 50 million Btu (52.8 gigajoules) or more per hour; 

(3) Glass melting furnaces of 1 ton (907 kilograms) or more per hour throughput, or 1 ton (907 kilograms) or more 

capacity; 

(4) Metallurgical furnaces involving molten metal holding 1 ton (907 kilograms) or more of metal or having a throughput 

greater than 500 pounds (227 kilograms) per hour; 

(5) Metal reclamation furnaces; 

(6) By-product recovery furnaces of 1 ton (907 kilograms) or more capacity or 1 ton (907 kilograms) or more per hour 

throughput; 

(7) Lime kilns; 

(8) Cement kilns; 

(9) Other kilns of 1 ton (907 kilograms) or more per hour throughput; 

(10) Rendering cookers and offal dryers; 

(11) Wood digesters; 

(12) Sulfuric acid plants; 

(13) Installations associated with chemical production facilities, including reactors, distillation columns, evaporators, and 

strippers, that have: 

(a) A pre-control potential-to-emit for VOC of 20 pounds or more per day; and 

(b) Are located at a premises that has a total pre-control potential-to-emit for VOC of 100 pounds or more per day from 

all chemical production processes subject to COMAR 26.11.19.30; 

(14) Mineral products or metallic ore through-circulation dryers of 5 tons (4540 kilograms) or more per hour throughput or 

5 tons (4540 kilograms) or more capacity; 

(15) Spray dryers of 1 ton (907 kilograms) or more capacity or 1 ton (907 kilograms) or more per hour dry product 

throughput; 

(16) Crushers, hammermills, shredders, grinders, classifying screens of 5 tons (4540 kilograms) or more per hour 

throughput; 

(17) Dry type ball and roller mills of 2 tons (1810 kilograms) or more per hour throughput; 
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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 terms are 

defined by COMAR 26.11.13.01B; 

(19) Motor vehicle fuel storage tanks, except for diesel fuel, with a capacity of 40,000 gallons (151 cubic meters) or more; 

(20) Gasoline tank truck loading racks outloading 20,000 gallons (75.7 cubic meters) or more per day; 

(21) VOC recovery installations, including distillation units and condensers, used to recover VOC for reuse in processes at 

a premises that has a total pre-control potential-to-emit for VOC of 100 pounds or more per day from all VOC recovery 

installations; 

(22) Inorganic chemical or pigment production installations of 1 ton (907 kilograms) or more per hour rated product 

throughput; 

(23) Coating, decorating, and impregnating lines with integral drying ovens at which solvent-based materials are applied by 

automatic equipment to surfaces at a premises that has a total pre-control potential-to-emit for VOC emissions of 100 or more 

pounds per day from all coating, decorating, and impregnating lines; 

(24) "Web printing" press lines with integral drying ovens as defined in COMAR 26.11.19.01B; 

(25) Grain elevators and terminals of 10,000 bushels or more per hour grain leg capacity; 

(26) Frit smelters; 

(27) Portland cement clinker coolers; 

(28) Benzene storage tanks of 500 gallons (1.9 cubic meters) or more capacity; 

(29) Benzene truck loading racks; 

(30) Galvanizing operations using fluxes and pre-fluxes; 

(31) Coal tar or petroleum pitch impregnating operations; 

(32) Gypsum calcining kettles; 

(33) Pulverized material separators with 1 ton (907 kilograms) or more per hour capacity; 

(34) Honeycomb core manufacturing installations; 

(35) Yeast production installations; 

(36) Plastic credit card manufacturing installations; 

(37) Magnetic tape manufacturing installations; 

(38) Coal or ore export loading or unloading installations; 

(39) Petroleum-contaminated soil treatment installations; 

(40) Stainless steel manufacturing installations including electric arc furnaces, argon-oxygen decarbonization vessels, reheat furnaces, pickling lines, or slab and billet grinding; 

(41) Catalyst manufacturing installations including reactors, calciners, dryers, crushers, or classifying systems; 

(42) Primary aluminum production installations including potlines, anode bake ovens, reverbatory furnaces, or alumina 

handling systems; 

(43) Installations associated with titanium dioxide production facilities, including chlorination reactors, oxidation reactors, 

and spray driers, of 1 ton (907 kilograms) or more per hour physical capacity or 1 ton (907 kilograms) or more per hour 

throughput capacity; 

(44) Automobile or truck production and assembly premises; 

(45) Stationary internal combustion engines located at natural gas pumping stations or electric generating stations; 

(46) Waste oil disposal, treatment, or recovery installations located at commercial premises that collect or consolidate 

materials containing waste oil from more than one premises unless: 
DEPARTMENT OF THE ENVIRONMENT 

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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 pollutants from all such installations is 1 pound or less per 

day, and for Class II toxic air pollutants is less than 1 ton per year; 

(c) Incoming waste materials, and any recovered oils, are not heated to a temperature greater than 212 oF during any 

phase of transfer, processing or storage; and 

(d) Such installations do not require control equipment to comply with any Maryland air pollution control regulation, 

including regulations that prohibit odor and nuisance beyond facility boundaries; 

(47) Synthetic fuel, rocket fuel, or explosives production premises of 500 pounds (227 kilograms) or more per hour product 

throughput; 

(48) Synthesized pharmaceutical manufacturing installations that: 

(a) Have a pre-control potential-to-emit for VOC of 15 or more pounds per day; or 

(b) Are located at a premises that has a total pre-control potential-to-emit for VOC of 33 pounds or more per day from all 

synthesized pharmaceutical manufacturing processes; 

(49) Shoe or footwear manufacturing installations; 

(50) Asphalt blowing and asphalt building products saturation or roll coating installations; 

(51) Slab, billet, or ingot re-heat furnaces with a maximum rated heat input capacity of 50 million Btu (52.8 gigajoules) or 

more per hour; 

(52) Polyester resin products manufacturing installations, including installations manufacturing reinforced plastic products 

such as fiberglass, at a premises with a total polyester resin consumption of more than 50 tons per year; 

(53) All alkyd resin reactors and alkyd resin thin-down tanks; 

(54) Solvent-based paint manufacturing installations with a potential product throughput of 250 or more gallons per hour; 

(55) Fluoropolymer material (FPM) process installations that treat FPM so that its shape or form is permanently changed, 

and have total actual uncontrolled VOC emissions of 20 pounds or more on any operating day; 

(56) Hot-mix asphalt concrete production installations; 

(57) Installations used to treat wood with creosote or chrome copper arsenate (CCA) by impregnation in a pressurized 

vessel; 

(58) Iron and steel production installations as defined in COMAR 26.11.10.01B; 

(59) Solvent-based adhesive manufacturing installations located at a premises with a total pre-control potential-to-emit for 

VOC of 50 pounds or more per day from all such installations; 

(60) A source for which the owner or operator requests a State permit to operate in order to make the permit federally 

enforceable under Regulation .03 of this chapter; or 

(61) Any other source that the Department determines has the potential to have a significant impact on air quality. 

B. In determining whether a source has the potential to have a significant impact on air quality, for purposes of §A(61) of this 

regulation, the Department shall consider the following: 

(1) The quality, quantity, or characteristics of the pollutants discharged, including their toxicity; 

(2) The location of the source, including its affects on an area that has not met ambient air quality standards; and 

(3) Whether permit conditions are necessary to ensure that the source complies continuously with the requirements of the 

State air pollution control law. 

C. Section A of this regulation requires a State permit to operate for each emissions unit at a source covered by a Part 70 

permit if the emissions unit is not provided for in the Part 70 permit and is a source listed in §A of this regulation. When the Part 

70 permit is revised to include the emissions unit, the Part 70 permit constitutes the State permit to operate for that emissions unit. 
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Effective as of December 20, 2012 

D. The Department, on a case-by-case basis, may exempt a source from the requirement for a State permit to operate on the 

basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the source has a limited potential 

to cause air pollution. 

E. The Department may issue a single State permit to operate for two or more sources located at a single facility or the 

Department may issue two or more State permits to operate for emission units within a source. 

F. A State permit to operate issued by the Department under §A(60) of this regulation is not a required permit to operate under 

Environment Article, §2-404(a)(1), Annotated Code of Maryland. 

G. Unless it is not practical to do so, a permittee shall maintain all permits in the vicinity of the source for which the permit 

was issued and make the permit immediately available to officials of the Department upon request. 

H. The Department may issue a general State permit to operate covering similar sources. 

.14 Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to 

Construct Control Equipment on Existing Sources. 

A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation for any source or 

activity: 

(1) That is not listed in Regulation .11A or .12 of this chapter; 

(2) That constitutes air pollution control equipment for which a permit to construct is required, as provided in Regulations 

.09 and .10 of this chapter, and that will control an existing source. 

B. Notwithstanding the requirements of §A of this regulation, the procedures of this regulation do not apply to a source for 

which a general permit to construct is required, as provided in Regulation .09D of this chapter. 

C. The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the 

Department. The information that the Department requires may vary depending on the type of source and whether the application 

is for a permit to construct or State permit to operate. The applicant shall provide information sufficient to enable the Department 

to begin to determine whether the source can be operated in continuous compliance with all applicable requirements of the Clean

Air Act and State air pollution control law. Each application shall include evidence of compliance with the State Workers' 

Compensation law as required by Environment Article, §1-202, Annotated Code of Maryland. Unless otherwise required by the 

Department, the application forms for a permit to construct shall be complete and include the following information: 

(1) For process or manufacturing equipment or operations: 

(a) Drawings that depict the layout of the equipment or operations; 

(b) Flow sheets that depict how the equipment or operations relate to each other; 

(c) Material balance sheets; 

(d) Equipment drawings and literature; and 

(e) Purchase specifications; 

(2) For air pollution control equipment: 

(a) Vendor proposals or quotations; 

(b) Vendor guarantees; 

(c) Equipment drawings and literature; and 

(d) Purchase specifications; 

(3) For a source that will be located at a new facility: 

(a) An area map; and 

(b) If requested, additional information regarding the nature of the area, including distances to residences and other 

buildings. 

D. An application for a permit to construct may be submitted at any time. A complete application for an initial State permit to 

operate shall be submitted not later than 60 days before the source is to commence operating. A complete application for the 
DEPARTMENT OF THE ENVIRONMENT 

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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 notice, informational meetings, public hearings, or other public 

participation procedures which pertain to permits to construct and approvals subject to Regulations .11 and .12 of this chapter and 

to Part 70 permits. 

F. Not later than 15 days after a permit is denied or a permit is issued with terms or conditions unacceptable to the applicant, 

the applicant may appeal the denial or the unacceptable terms and conditions. The Department shall refer the appeal to the Office 

of Administrative Hearings to conduct a contested case hearing. As provided in Environment Article, §1-601(b), Annotated Code 

of Maryland, only the permit applicant is entitled to a contested case hearing on a permit subject to this regulation. A permit to 

construct that is appealed is not in effect until the Department makes a final decision following the contested case hearing. 

Notwithstanding any other provision of this chapter, the procedures of this section also apply to the State-only enforceable 

conditions of a Part 70 permit. 

.15 Part 70 Permits. 

Additional provisions for Part 70 permits appear in COMAR 26.11.03. 

.16 Permit Fees. 

A. General Requirements for Sources Requiring a Permit to Construct or Permit to Operate. 

(1) Fees for Permit to Construct. Upon receiving an application for a permit to construct, the Department shall determine 

the appropriate permit fee and bill the applicant. The fee shall be as prescribed in Regulation .17 or .18 of this chapter. 

(2) Fees for Permits to Operate. 

(a) The fees for State permits to operate and permits issued pursuant to Title V of the federal Clean Air Act Amendments 

of 1990, 42 U.S.C. §§7661—7661f, including Part 70 permits, are as prescribed in Regulation .19 of this chapter. 

(b) Initial Permits. Upon receiving an application for an initial permit to operate, the Department shall determine the 

appropriate permit fee covering the first and second 12-month periods of the permit and bill the applicant. For subsequent years, 

the Department shall determine the appropriate annual permit fee in accordance with Regulation .19 of this chapter. 

(c) Subsequent Periods. For permits to operate that expire more than 12 months after issuance by the Department, the 

Department shall determine the appropriate permit fee covering each successive 12-month or shorter period of the permit, after 

the first 12-month period, and bill the applicant or person having the permit in current effect 60 days before the date that the 

permit fee is due. The permit fee is due on and shall be paid on or before each 12-month anniversary of the date of the permit 

issuance by the Department. 

(3) Time Period Covered by Fees. Except as provided by Regulation .04 of this chapter or if the Department prescribes a 

shorter period of time, a fee prescribed in Regulation .19 of this chapter covers a period of 12 months from the date the permit is 

issued or from a subsequent anniversary of the date. 

(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. 
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Effective as of December 20, 2012 

(7) When assessing the permit fees under this chapter, the Department shall ensure that the fee for a source does not exceed 

the maximum fees authorized by Environment Article, §2-403, Annotated Code of Maryland. 

B. New or Modified Electric Generating Stations Constructed by Electric Companies. An electric company applying for a 

Certificate of Public Convenience and Necessity for a new or modified electric generating station under Article 78, §54A or 54B, 

Annotated Code of Maryland, or for a modification to an electric generating station under Article 78, §54I, Annotated Code of 

Maryland, shall pay a fee to the Department when it submits the application to the Public Service Commission. The fee shall be as 

prescribed in Regulation .18 of this chapter. 

C. Permits and Fees for Portable Equipment. 

(1) A person who owns or operates portable equipment shall obtain a permit to construct and pay a fee for each location at 

which the portable equipment is to be constructed and operated. 

(2) The permit to construct fee for portable equipment for any other location is 50 percent of the fee prescribed in 

Regulation .17 of this chapter. 

D. Permit fees shall be paid by check made payable to the Department of the Environment Clean Air Fund. 

.17 Fee Schedule 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 effect, a permit issued under Title V of the 

federal Clean Air Act Amendments of 1990, 42 U.S.C. §§7661—7661f, including a Part 70 permit, 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 all 

installations at the plant or facility. 

B. Method 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 December 31, 2008: $50 per ton; and 

(c) Beginning January 1, 2009: $50 per ton as increased pursuant to §B(6) of this regulation. 

(2) For the purposes of this regulation, "regulated emissions" means the actual rate of emissions, in tons per year, of a 

regulated air pollutant except for carbon monoxide and carbon dioxide emitted by a source, to be calculated using criteria 

consistent with 40 CFR 70 (operating permit program). 

(3) Effective October 1, 2008 through December 31, 2009, the maximum annual permit to operate fee for each plant or 

facility is $500,000. 

(4) Except as provided in §B(5) of this regulation, the total weight of annual emissions used to calculate the annual permit 

fee is based on the total actual emission tonnages as certified by the source and verified by the Department. Annual emissions 

shall be rounded off to the nearest ton. 

(5) Basis for Annual Emissions. The annual emissions to be used to calculate the fee in §§A and B of this regulation shall 

be as prescribed below: 

(a) For sources that certify emissions of less than 10,000 tons for calendar year 2008, the annual emissions shall be based 

on the emissions certification required under §D of this regulation which was submitted the previous calendar year; and 

(b) For sources that certify emissions of 10,000 tons or greater for calendar year 2008, the annual emissions shall be 

based on the actual emissions of the same calendar year as the annual fee. 

(6) Consumer Price Index. 

(a) The annual dollar per ton amount prescribed in §B(1) of this regulation shall be increased on January 1 of each year 

by the percentage, if any, by which the Consumer Price Index for the most recent calendar year exceeds the Consumer Price Index

of the previous calendar year. 

(b) The Consumer Price Index for any calendar year is the 12-month average of the Consumer Price Index for all urban 

consumers published by the U.S. Department of Labor, as of the close of the 12-month period ending on August 31 of each 

calendar year. 

C. Information Required to be Maintained by a Source. 

(1) Beginning January 1, 1994, the owner or operator of a source for which a permit to operate is required shall maintain 

records necessary to support the emission certification, including the following information: 

(a) The total amount of actual emissions of each regulated pollutant and the total of all regulated pollutants; 

(b) An explanation of the methods used to quantify the emissions and the operating schedules and production data that 

were used to determine emissions, including significant assumptions made; 

(c) Amounts, types, and analyses of all fuels used; 

(d) Emission data from continuous emission monitors that are required by this subtitle or EPA regulations, including 

monitor calibration and malfunction information; 

(e) Identification, description, and use records of all air pollution control equipment and compliance monitoring 

equipment, including significant maintenance performed, malfunctions and downtime, and episodes of reduced efficiency of this 

equipment; 

(f) Limitations on source operation or any work practice standards that significantly affect emissions; and 

(g) Other relevant information as required by the Department. 

(2) The logs and other records of information required by §C(1) of this regulation shall be retained for a period of 5 years 

and made available to the Department upon request. 

(3) If the owner or operator of a source for which a permit to operate is required fails to maintain or provide the data 

required by this section, which the Department requests in order to verify the emissions during the previous calendar year, the
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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 provided at Regulation .02F of this chapter, the actual emissions of regulated air pollutants 

from all installations at the plant or facility. 

(2) Certification shall be on a form obtained from the Department and shall be submitted to the Department not later than 

April 1 of the year following the year for which certification is required. 

(3) An emission certification submitted pursuant to this section and which contains all information required by COMAR 

26.11.01.05-1, for NOx and VOC, satisfies the requirements of COMAR 26.11.01.05-1. 

E. The owner or operator of a source for which a permit to operate is required is responsible for the timely and complete 

payment of all permit fees required by this chapter. 

Administrative History 

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

Regulations .01C and E repealed effective February 10, 1984 (10:26 Md. R. 2341) 

Regulation .03A amended effective November 7, 1980 (7:20 Md. R. 1878); July 10, 1981 (8:11 Md. R. 974); August 16, 1983 (10:14 Md. R. 1226); February 

10, 1984 (10:26 Md. R. 2341); March 25, 1984 (11:3 Md. R. 202) 

Regulation .03B amended effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .03G amended effective July 10, 1981 (8:11 Md. R. 974) 

Regulation .03H amended effective November 7, 1980 (7:20 Md. R. 1878); July 10, 1981 (8:11 Md. R. 974); March 24, 1987 (14:4 Md. R. 419); January 5, 

1988 (14:24 Md. R. 2555) 

Regulation .03I amended effective July 10, 1981 (8:11 Md. R. 974); February 25, 1983 (10:1 Md. R. 30); July 2, 1985 (12:11 Md. R. 1049) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.02 to COMAR 26.11.02 

Regulation .01 amended effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .01D amended effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .03A—N recodified to Regulations .03—.16, respectively 

Regulation .03A amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .03A, B amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .04A amended effective March 1, 1993 (20:4 Md. R. 373); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .04B repealed, new Regulation .04B, C, D adopted effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .04B amended effective March 1, 1993 (20:4 Md. R. 373); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .06C amended effective November 28, 1989 (16:21 Md. R. 2264); September 13, 1993 (20:18 Md. R. 1432) 

Regulation .06E adopted effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .09A amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .10C amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724); June 20, 1994 (21:12 

Md. R. 1064) 

Regulation .11A amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulations .17—.21 adopted effective November 28, 1989 (16:21 Md. R. 2264) 

Regulation .17A, B amended effective September 13, 1993 (20:18 Md. R. 1432) 

Regulation .17B-1 adopted effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042) 

Regulation .18 amended effective October 12, 1992 (19:20 Md. R. 1819) 

Regulation .18B amended effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .19 amended effective October 12, 1992 (19:20 Md. R. 1819) 

Regulation .20B—E amended effective March 1, 1993 (20:4 Md. R. 373) 

Regulation .20 repealed and new Regulation .20 adopted effective September 13, 1993 (20:18 Md. R. 1432) 

Regulation .21 repealed effective September 13, 1993 (20:18 Md. R. 1432) 

—————— 

Regulations .01—.20 repealed and new Regulations .01—.19 adopted effective May 8, 1995 (22:9 Md. R. 648) 

Editor's note: The Part 70 permit requirements of this chapter and of COMAR 26.11.03 were effective on August 2, 1996, the date the EPA approved 

Maryland's program (24:5 Md. R. 413). 

Regulation .01B amended effective June 16, 1997 (24:12 Md. R. 866); January 29, 2007 (34:2 Md. R. 138) 

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

617) 

Regulation .01B amended effective August 22, 2011 (38:17 Md. R. 1014); March 5, 2012 (39:4 Md. R. 339) 
DEPARTMENT OF THE ENVIRONMENT 

26.11.02.19 

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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 January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2130) 

Regulation .06B amended effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .09A amended effective November 16, 2009 (36:23 Md. R. 1818); December 24, 2012 (39:25 Md. R. 1615) 

Regulation .09C amended effective May 4, 1998 (25:9 Md. R. 680) 

Regulation .10A amended effective November 16, 2009 (36:23 Md. R. 1818) 

Regulation .10 amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 488) 

Regulation .10D repealed effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .10E amended effective September 22, 1997 (24:19 Md. R. 1343); November 24, 2003 (30:23 Md. R. 1653); May 18, 2009 (36:10 Md. R. 718); 

June 13, 2011 (38:12 Md. R. 708) 

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

Regulation .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 January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .13 amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .13A amended effective aPRIL 30, 2012 (39:8 Md. R. 536) 

Regulation .14A amended effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .16A amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130) 

Regulation .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 Part 70 permit solely because it is subject to regulations or requirements under §112(r) of 

the Clean Air Act; 

(4) An affected source; and 

(5) A source in a source category designated by the EPA pursuant to 40 CFR §70.3. 

B. Exempted Sources. The following sources are exempt from the requirement for a Part 70 permit: 

(1) A source or source category for which a Part 70 permit would be required solely because it is subject to standards of 

performance for new residential wood heaters under 40 CFR Part 60, Subpart AAA; 

(2) A source or source category for which a Part 70 permit would be required solely because it is subject to 40 CFR Part 61, 

Subpart M, concerning National Emission Standards for Hazardous Air Pollutants for Asbestos under 40 CFR §61.145; and 

(3) A source listed in §A of this regulation that is not a major source, affected source, or solid waste incineration unit for 

which a permit is required by §129(e) of the Clean Air Act, until the EPA determines in a final rule that the applicable source is 

required to obtain a Part 70 permit. 

C. Requirement for a Part 70 Permit. Except as provided in §D of this regulation, and Regulations .15, .16, .18, and .19 of this 

chapter, an owner or operator of a Part 70 source may not operate the source after the time that it is required to submit a timely 

and complete application unless the source is in compliance with a Part 70 permit issued under this chapter. 

D. Application Shield. 

(1) If the owner or operator of a Part 70 source submits a timely and complete application for a permit, including an 

application for renewal, as provided in Regulations .02 and .03 of this chapter, the failure to obtain a Part 70 permit is not a 

violation of this chapter and the source may continue to be operated in compliance with a permit issued under this chapter until 

the Department takes final action. This application shield ends if the applicant fails to submit by the deadline specified in writing 

by the Department any additional information pertaining to applicable requirements of the Clean Air Act needed to process the 

application, as provided by Regulation .02C(3) of this chapter. 

(2) Information required under §L of this regulation does not affect the status of the application shield. 

E. The owner or operator of a source for which a Part 70 permit is not required under §A of this regulation may elect to apply 

to the Department for a Part 70 permit. 

F. The owner or operator of a source that is not covered by a Part 70 permit shall obtain a State permit to operate from the 

Department, if this permit is required by COMAR 26.11.02.13. 

G. The owner or operator of a source for which a Part 70 permit has been issued by the Department is not required to apply for 

or obtain a State permit to operate from the Department for those emission units covered by the Part 70 permit. 

H. If the owner or operator of a source agrees to a federally enforceable permit to construct, State permit to operate, or other 

federally enforceable requirement that limits emissions from the source, a Part 70 permit is not required for the source. This may 

be accomplished, as provided in COMAR 26.11.02.03, by any means acceptable to the EPA. 
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I. Any other applicable requirement of the Clean Air Act or State air pollution control law may apply to a source for which a 

Part 70 permit is not required. 

J. The Part 70 permit requirements of this chapter and of COMAR 26.11.02 are effective on the date the EPA approves 

Maryland's Part 70 permit program, including interim or full program approval, to the extent of that approval. The Department 

will publish notice in the Maryland Register that the EPA has approved the program and the date of approval. 

K. Notwithstanding any other provision of this chapter that requires applying for or obtaining a permit to construct at a 

different time than applying for or obtaining an initial, renewed, or revised Part 70 permit, the owner or operator of a source for 

which a Part 70 permit is required may elect, with the approval of the Department, to apply for both permits simultaneously. In

this event, the Department shall establish procedures to be followed consistent with the requirements of this chapter and COMAR

26.11.02 so that the public, affected states, and EPA are afforded any notice, comment, and participation rights provided by this 

chapter and COMAR 26.11.02. 

L. The owner or operator of a source for which a Part 70 permit is required shall submit additional information based upon 

applicable requirements of the State air pollution control law in addition to the Part 70 permit application. This information shall 

be submitted on forms provided by the Department. This requirement is State-only enforceable. 

M. Acid Rain Provisions. 

(1) The Department incorporates by reference the provisions of 40 CFR 72, as amended, with the exception that the 

"permitting authority" means the Department. 

(2) A person who constructs, modifies, or operates, or causes to be constructed, modified, or operated, an acid rain source, 

as defined in COMAR 26.11.02.01B(1) shall comply with 40 CFR 72, as amended. 

N. The owner or operator of a source for which a Part 70 permit is required is subject to the compliance assurance monitoring 

(CAM) requirements under 40 CFR Part 64 (2000 edition) which is incorporated by reference. 

.02 Applications for Part 70 Permits. 

A. A person who owns or operates a source for which a Part 70 permit is required by Regulation .01 of this chapter shall 

submit a timely and complete application for an initial permit or renewal of an existing permit on forms provided by the 

Department and in accordance with this regulation. 

B. Timely Application. 

(1) An application for a Part 70 permit is timely if the application meets the requirements of this section. 

(2) Initial Part 70 Permits. 

(a) For existing sources for which a Part 70 permit is required on the effective date of these regulations, the applicant 

shall submit a complete permit application to the Department not later than as provided in the following schedule: 

(i) For sources in SIC codes major groups 40 through 89, 4 months after the effective date of the Part 70 permit 

requirements, unless otherwise approved by the Department; 

(ii) For sources in SIC codes major groups 01 through 17, 8 months after the effective date of the Part 70 permit 

requirements, unless otherwise approved by the Department; 

(iii) For all remaining sources for which a Part 70 permit is required, 12 months after the effective date of the Part 70 

permit requirements. 

(b) If more than one SIC code describes the activities at a source, the SIC code that represents the primary type of 

activity is controlling. 

(3) Part 70 Permit Renewal. 

(a) Except as provided in §B(3)(b) of this regulation, the permittee shall submit a complete application for renewal of a 

Part 70 permit to the Department not later than 6 months before the expiration date of the current Part 70 permit. 

(b) The Department may require in a Part 70 permit that a complete application for renewal be submitted earlier than 6 

months, but not earlier than 12 months, before the expiration date. 

(4) The owner or operator of a source that becomes subject to the requirement to obtain a Part 70 permit, as provided in 

Regulation .01 of this chapter, after the effective date of the Part 70 permit program, shall submit a complete application to the 
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Effective as of November 12, 2010 

Department not later than 12 months after the date that the source commences operations or becomes subject to the requirements 

for a Part 70 permit, whichever is later. If an existing Part 70 permit prohibits construction or change in operation, the source shall 

obtain a permit revision before commencing operation. 

(5) For a change to a source that is covered by a Part 70 permit, the permittee shall submit an application for a permit 

revision, as provided in Regulations .14—.17 of this chapter, unless this chapter allows the change to be made without revising

the permit. 

(6) Acid Rain Sources. The owner or operator of a source subject to the requirements for Phase II acid rain permits, under 

Title IV of the Clean Air Act, shall submit an acid rain permit application to the Department by January 1, 1996 for sulfur 

dioxide, and by January 1, 1998 for nitrogen oxides. 

C. Complete Application. 

(1) An application for a Part 70 permit is complete if the application includes all information required by this regulation and 

Regulation .03 of this chapter pertaining to applicable requirements of the Clean Air Act, except that applications for revisions to 

Part 70 permits need only include information that is related to a proposed change at the source covered by the permit. The 

application shall be sufficient for the Department to begin to evaluate the source for which the permit is sought, including all 

emissions units within the source, and to determine all applicable requirements of the Clean Air Act. 

(2) Except as otherwise provided in §B(3) of this regulation, an application for a Part 70 permit is considered complete 

unless the Department determines that the application is not complete within 60 days of its receipt. If the Department determines 

that the application is not complete, it shall notify the applicant in writing of the basis for this determination. 

(3) If, while reviewing an application that has been determined to be complete, the Department determines that additional 

information pertaining to applicable requirements of the Clean Air Act is necessary to evaluate or take final action on that 

application, the Department may request that information in writing and set a reasonable deadline for a response. If the applicant 

does not respond to a request for additional information within the time period specified by the Department, as provided in 

Regulation .01D of this chapter, the application shield for the source ends. If the time for submitting a timely application has 

expired, the Department will not determine that an application is incomplete without providing notice to the applicant and at least 

10 days to provide additional information. 

D. An applicant for a Part 70 permit who submits information to the Department under a claim of confidentiality shall also 

submit a copy of the information directly to the EPA. 

E. Duty to Supplement or Correct Application. 

(1) An applicant who fails to submit any relevant information or who has submitted incorrect information in a permit 

application shall, not later than 10 days after becoming aware that this has occurred, submit the additional or corrected 

information to the Department. 

(2) An applicant for a Part 70 permit shall provide supplemental information to the Department to address any new 

requirement that is adopted after the application is filed but before the release of a draft permit. This information shall be provided 

not later than 20 days after a new requirement is adopted. 

F. Certification by a Responsible Official. Using the format at COMAR 26.11.02.02F, a responsible official shall certify to the 

truth, accuracy, and completeness of: 

(1) Each application, report, and compliance certification required by this chapter; or 

(2) A Part 70 permit to be submitted to the Department. 

G. The applicant for a Part 70 permit shall submit a list of emissions units and activities located at a source for which the 

permit is sought that are exempt under Regulation .04 of this chapter because of size, production rate, or emission rate. This list 

shall be submitted to the Department on a form provided by the Department at the same time that the Part 70 permit application is 

submitted. 

.03 Information Required as Part of Application for a Part 70 Permit. 

A. The applicant for a Part 70 permit shall provide all information relating to applicable requirements of the Clean Air Act, 

including information claimed to be confidential, that is necessary for the Department to decide whether to issue or deny a Part 70 

permit. The information shall be submitted on permit application forms provided by the Department. 
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Effective as of November 12, 2010 

B. Except as otherwise provided in this chapter, the information shall be full and complete for each emission unit at the Part 70 

source and include: 

(1) Information that fully identifies the source, including: 

(a) Company and source name and address, 

(b) All owner and operator names and addresses, 

(c) Plant telephone number and emergency 24-hour telephone number of the facility at which the source is located, and 

(d) Names of all of the facility managers and other contacts; 

(2) A description of the processes and products related to the source, including SIC codes, and any alternate operating 

scenarios; 

(3) All emissions of pollutants for which the source is major and type and quantity of all emissions of regulated air 

pollutants, calculated as required by the Department, including: 

(a) Sufficient information to verify which requirements are applicable to each emission unit and to collect any permit fees 

owed, and 

(b) Fugitive emissions in the same manner as stack and other confined emissions; 

(4) A description and location of all emissions units within the source, including a plot plan of the entire source; 

(5) Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable 

standard reference test method; 

(6) A description of all fuels, including the quantities used of each type of fuel, raw materials, production rates, and 

operating schedules; 

(7) A description and location of all air pollution control equipment, continuous emission monitoring (CEM) devices, 

compliance monitoring devices or activities, and all other equipment or devices at the source used to monitor, capture, control, 

contain, or prevent emissions; 

(8) A description of all maintenance schedules, preventative measures, work practices, and any other actions, that are 

applicable requirements of the Clean Air Act, taken to assure proper operation and prevent malfunctions of process and control 

equipment; 

(9) All limitations on source operation affecting emissions and any work practice standards, that are applicable requirements 

of the Clean Air Act, for all regulated pollutants; 

(10) All other emissions information required to demonstrate compliance with all applicable requirements of the Clean Air 

Act, including: 

(a) Stack or vent discharge parameters, including stack height, stack diameter, and plume temperature, 

(b) Fugitive emission discharge parameters, 

(c) Flow rates, and 

(d) Building dimensions; 

(11) Calculations on which the information required in §B(1)—(10) of this regulation is based; 

(12) A citation to and description of all applicable requirements of the Clean Air Act; 

(13) A listing for each emissions unit within the source required to be covered by a Part 70 permit, or for which a source is 

opting to seek coverage under Regulation .01E of this chapter, and of any applicable test methods for determining compliance 

with each applicable requirement of the Clean Air Act; 

(14) Any other information that may be necessary to implement and enforce any standard or other applicable requirement of 

the Clean Air Act or to determine the applicability of these requirements; 

(15) An explanation of proposed exemptions from otherwise applicable requirements of the Clean Air Act; 
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Effective as of November 12, 2010 

(16) All information that the Department determines is necessary regarding alternative operating scenarios that the applicant 

requests to include in the Part 70 permit pursuant to Regulation .06A(9) of this chapter or to define permit terms and conditions 

implementing the provisions of Regulations .06A(8) and (10), .06B(3), .06F, and .18 of this chapter; 

(17) A compliance plan description and schedule for the Part 70 sources that contain the following: 

(a) A description of the compliance status of the source with respect to all applicable requirements of the Clean Air Act, 

(b) For applicable requirements of the Clean Air Act for which the source will be in compliance when the permit is 

issued, a statement that the source will continue to comply with these requirements, 

(c) For applicable requirements of the Clean Air Act that will become effective during the permit term, a statement that 

the source will meet the requirements on the effective dates, unless a more detailed schedule is expressly required by the 

applicable requirement, 

(d) For applicable requirements of the Clean Air Act for which the source will not be in compliance at the time of permit 

issuance, a description of how the applicant will achieve compliance with the requirements and a schedule of compliance as 

described in §C of this regulation, 

(e) A schedule for submission of certified progress reports, at least quarterly, to the Department for sources required to 

have a schedule of compliance to remedy a violation; 

(18) A certification of compliance with all applicable requirements of the Clean Air Act by a responsible official, as 

provided in Regulation .02F of this chapter and §114(a)(3) of the Clean Air Act; 

(19) A schedule for submission of compliance certifications during the permit term, to be submitted annually or more 

frequently if specified by an applicable requirement of the Clean Air Act or a permit condition determined by the Department; 

(20) The applicant's compliance status with any applicable enhanced monitoring and compliance certification requirements 

of the Clean Air Act; 

(21) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required 

by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70; 

(22) A proposed monitoring, testing, record keeping, and reporting protocol for each emission unit; 

(23) A statement certifying that a risk management plan has or will be submitted, if a plan is required under §112(r) of the 

Clean Air Act; 

(24) Additional information that the Department determines is required to determine whether a Part 70 permit should 

provide for emissions trading among the emissions units within a source, as provided in Regulation .06A(8) and (10) of this 

chapter. 

C. Under §B(17)(d) of this regulation, the schedule of compliance shall include a schedule of remedial measures, including an 

enforceable sequence of actions with milestones, leading to compliance with each applicable requirement for which the source 

will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as 

that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of compliance 

shall be supplemental to, and may not sanction noncompliance with, the applicable requirements on which it is based. The 

schedule of compliance shall begin at the time that the application is submitted, but the applicant may project the compliance 

status of the source to the time that the permit should be issued. 

D. The compliance plan required by §B(17) of this regulation applies to and shall include the acid rain portion of a compliance 

plan for an affected source, except as otherwise provided by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70 

regarding how the source will comply with acid rain emission limitations. 

E. Additional Information. 

(1) Notwithstanding the other provisions of this chapter, the applicant for a Part 70 permit shall include in the application all 

information needed: 

(a) To determine if the source is subject to all applicable requirements of the Clean Air Act; 

(b) To ensure that all applicable requirements of the Clean Air Act are included in the permit; and 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(c) To determine the annual permit fee required by COMAR 26.11.02.16—.19. 

(2) The applicant may include in the application only an aggregate estimate of emissions from all collective emission units 

and activities exempt as provided in Regulation .04 of this chapter together with the assumptions used to estimate those 

emissions. 

.04 Emissions Units and Activities Exempt from the Part 70 Permit Application. 

A. The following emission units and activities need not be included in the permit application, except to the extent required by 

COMAR 26.11.03.02G: 

(1) Space heaters operating by direct heat transfer and used solely for comfort heat; 

(2) Brazing, soldering, welding equipment and cutting torches related to manufacturing and construction activities that emit 

HAP metals and not directly related to plant maintenance upkeep and repair or maintenance shop activities; 

(3) Lubricating oil storage tanks; 

(4) Unheated storage tanks containing VOC with an initial boiling point of 300°F (149°C) or greater; 

(5) Storage tanks containing Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel; 

(6) First aid and emergency medical care provided at the facility, including related activities such as sterilization and 

medicine preparation used in support of a manufacturing or production process; 

(7) Certain recreational equipment and activities, such as fireplaces, barbecue pits and cookers, fireworks displays, and 

kerosene fuel use; 

(8) Potable water treatment equipment, not including air stripping equipment; 

(9) Noncontact water (i.e., water that has not been in direct contact with process fluids) cooling towers except as regulated 

under §112 of the Clean Air Act; 

(10) Firing and testing of military weapons and explosives; 

(11) Emission resulting from the use of explosives for blasting at quarrying operations and from the required disposal of 

boxes used to ship the explosive; 

(12) All sources listed in COMAR 26.11.02.10 except §§A, B, F, J, N, O(1), O(5), O(11), T, and V; 

(13) Laboratory fume hoods and vents; and 

(14) After identification of the emissions unit and agreement by the Department, any other emissions unit that is not subject 

to an applicable requirement of the Clean Air Act. 

B. Potential emissions from all exempt emission units and activities shall be included in the determination of whether a source 

is a major source. 

C. A permit applicant may not omit information on an emissions unit that is necessary to determine the applicability of, or to 

impose, an applicable requirement of the Clean Air Act. 

D. The listing of emissions units and activities in §A of this regulation does not exempt an emissions unit or activity from any 

requirement of this subtitle except as specified in this regulation. 

E. Emissions units or activities that use Class I or Class II ozone-depleting substances subject to an applicable requirement 

established under Title VI of the Clean Air Act are not exempt from the Part 70 permit application. 

.05 Content of Part 70 Permits — General Requirements. 

A. For all major sources, the Department shall include in the Part 70 permit for a source all applicable requirements of the 

Clean Air Act for all relevant emission units at the major source. 

B. For a nonmajor source for which a Part 70 permit is required as provided in Regulation .01 of this chapter, the Department 

shall include in the permit all applicable requirements of the Clean Air Act for all emission units that cause the source to be

subject to this regulation. 
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Effective as of November 12, 2010 

C. Fugitive Emissions. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 

permit in the same manner as stack or other confined emissions, regardless of whether the source is within a category included in 

the list of sources contained in the definition of major source. 

D. Duration of Part 70 Permits. 

(1) The duration of a Part 70 permit for an electric generating station that is an affected source shall be for a fixed term of 5 

years. 

(2) For a municipal waste combustor, as defined in COMAR 26.11.08.01B(7), subject to standards under §129(e) of the 

Clean Air Act, the Department shall issue a Part 70 permit for a term not to exceed 12 years with a review of the permit every 5 

years. 

(3) The duration of all other Part 70 permits shall be for a term not to exceed 5 years. 

E. State-Only Enforceable Conditions. The Department may include conditions in a Part 70 permit to be designated in the 

permit as being "State-only enforceable" if they are based upon applicable requirements of the State air pollution control law that 

are not federally enforceable. As provided at Regulation .13A(2) of this chapter, the criteria for issuing or denying the State-only 

enforceable condition of a Part 70 permit are specified at COMAR 26.11.02.06C. As provided at Regulation .11G of this chapter, 

only the applicant may challenge the State-only enforceable conditions of a Part 70 permit. These State-only enforceable 

conditions are not otherwise subject to the requirements of Regulations .07—.12 of this chapter. 

.06 Content of Part 70 Permits — Specific Requirements. 

A. At a minimum, the Department shall include in each Part 70 permit the following terms and conditions that are based upon 

applicable requirements of the Clean Air Act: 

(1) Emission limitations and standards, including those operational limitations and other requirements that assure 

compliance with all applicable requirements of the Clean Air Act at the time of permit issuance, as described in §B of this 

regulation; 

(2) The duration of the permit; 

(3) Provisions related to monitoring, record keeping, and reporting as described in §C of this regulation; 

(4) A provision prohibiting emissions that exceed any allowances that the source lawfully holds under Title IV of the Clean 

Air Act or the regulations promulgated under it, as described in §D of this regulation; 

(5) A severability clause to ensure the continued validity of the remainder of the requirements of a permit if any portion of 

the permit is challenged; 

(6) Miscellaneous provisions described in §E of this regulation; 

(7) A provision to ensure that the annual permit fee is paid to the Department, as prescribed in COMAR 26.11.02.16; 

(8) A provision stating that a permit revision is not required for a change that is provided for in the permit relating to 

approved economic incentives, marketable permits, emissions trading, and other similar programs; 

(9) Reasonably anticipated operating scenarios identified in the application and approved by the Department, which: 

(a) Require the permittee, contemporaneously with making a change from one approved scenario to another, to record in 

a log maintained at the permitted source each scenario under which the source is operating and the date and time that the scenario 

started and ended, 

(b) May extend the permit shield in Regulation .23 of this chapter to the terms under each approved scenario, and 

(c) Ensure that the terms and conditions of each approved scenario meet all applicable requirements of the Clean Air Act; 

(10) As provided in 40 CFR §70.4(b)(12) and as described in §F of this regulation, provisions, if requested by the applicant, 

for the trading of emissions increases and decreases among the emissions units at the permitted source, to the extent that the 

applicable requirements of the Clean Air Act provide for this trading without a case-by-case approval of each trade, and if the

application includes proposed replicable procedures and permit terms and conditions to ensure that the trades are quantifiable and 

enforceable; 
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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 citizens under the Clean Air Act, except for any terms and conditions that are identified 

as State-only enforceable; 

(12) Compliance requirements as described in §G of this regulation; 

(13) Provisions establishing the permit shield, if a permit shield is allowed pursuant to Regulation .23 of this chapter; 

(14) Other provisions that the Department may reasonably require. 

B. Emission Limitations and Standards. 

(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference 

in form as compared to the applicable requirement of the Clean Air Act upon which the term or condition is based. 

(2) The permit shall state that, if another applicable requirement of the Clean Air Act is more stringent than an applicable 

requirement of regulations promulgated under Title IV of the Clean Air Act, both provisions shall be incorporated into the permit 

and shall be enforceable by the EPA. 

(3) If the Maryland SIP allows a determination of an alternative emission limit at a Part 70 source, equivalent to that 

contained in the SIP, to be made in the permit issuance, renewal, or significant modification process, and the Department elects to 

use this process, the permit shall contain provisions to ensure that a resulting emissions limit has been demonstrated to be 

quantifiable, accountable, enforceable, and based on replicable procedures. 

C. Monitoring, Record Keeping, and Reporting. 

(1) The permit shall contain general provisions requiring that the permittee monitor, create, and maintain records, and 

submit reports to the Department, and if appropriate to EPA, to assure compliance with the permit. This provision shall include

requirements that the permittee use consistent terms, test methods, units, averaging periods, and other statistical conventions

consistent with the applicable emission standards and other requirements contained in the permit. 

(2) The permit shall contain provisions with respect to monitoring that incorporate into the permit all applicable emissions 

monitoring and analysis procedures or test methods required by the applicable requirements, including any procedures and 

methods promulgated pursuant to §504(b) or 114(a)(3) of the Clean Air Act. 

(3) If the applicable requirements of the Clean Air Act do not require periodic testing or instrumental or noninstrumental 

monitoring, which may consist of record keeping designed to serve as monitoring, the permit shall require periodic monitoring of 

emissions or operating parameters relevant to each applicable requirement contained in the permit of sufficient type and 

frequency to yield data that is timely, reliable, and representative of the compliance status of the source with the permit. The 

Department may determine the record-keeping requirements, as described in §C(5) of this regulation, may be sufficient to satisfy 

this requirement. 

(4) As necessary, the permit shall specify procedures for the installation, use, and maintenance of monitoring equipment or 

methods. 

(5) The permit shall contain provisions with respect to creating, maintaining, and retaining records, including the following 

requirements: 

(a) The location, as specified in the permit, date, and time that samples and measurements are taken; 

(b) All pertinent operating conditions existing at the time that samples and measurements are taken; 

(c) The date that each analysis of a sample is performed and the name of the person taking the sample; 

(d) The identity of the company, individual, or other entity that performed the analysis; 

(e) The analytical techniques and methods used; 

(f) The results of each analysis; 

(g) The retention of records of all monitoring data and support information for a period of 5 years or longer, as specified 

by the Department, from the date of the monitoring sample, measurement, application, or report. 

(6) Support information under §C(5)(g) of this regulation includes: 

(a) All calibration and maintenance records; 
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(b) All original data collected from continuous monitoring instrumentation; and 

(c) Copies of all reports required by the permit. 

(7) Reporting Requirements. 

(a) The permit shall contain provisions with respect to all applicable reporting requirements, including requiring the 

permittee to: 

(i) Submit reports of required monitoring at least every six months; 

(ii) Report any deviation from permit requirements that could endanger human health or the environment, by orally 

notifying the Department immediately upon discovery of the deviation; and 

(iii) Promptly report all other deviations from permit requirements, including those attributable to upset conditions as 

defined in the permit, within 5 days of discovery of the deviation or a shorter time that the Department may specify in the permit, 

by submitting a written description of the deviation to the Department, including the cause and dates and times of the onset and 

termination of the deviation. 

(b) All instances of deviations from permit requirements shall be clearly identified in the reports required by §C(7)(a)(i) 

of this regulation. All required reports shall be certified by a responsible official, as provided in COMAR 26.11.02.02F and 

Regulation .02F of this chapter. 

(c) If a deviation under §C(7)(a)(iii) of this regulation is continuing, the permittee shall submit the action taken or 

planned to reduce, eliminate, and prevent reoccurrence of the deviation. 

D. Lawful Allowance. 

(1) A permit revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the 

acid rain program, if the increases do not require a permit revision under another applicable requirement of the Clean Air Act.

(2) A limit may not be included in the permit on the number of allowances that may be held by the permittee. The permittee 

may not, however, use allowances as a defense to noncompliance with another applicable requirement of the Clean Air Act. 

(3) Allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of 

the Clean Air Act. 

E. Miscellaneous Provisions. 

(1) Duty to Comply. The permit shall contain a provision requiring the permittee to comply with all terms and conditions of 

the Part 70 permit and providing that noncompliance with the federally enforceable conditions constitutes a violation of the Clean 

Air Act and is subject to: 

(a) Enforcement action; 

(b) Permit revocation or revision; 

(c) Denial of an application for renewal of the permit; or 

(d) Any combination of these actions. 

(2) Need to Halt or Reduce Activity Not a Defense. The permit shall contain a provision that it is not a defense in an 

enforcement action for the permittee to establish that it would have been necessary to halt or reduce activity related to the 

permitted source in order to comply with the conditions of the permit. 

(3) Permit Actions. The permit shall contain a provision that the permit may be revoked or reopened and revised for cause. 

The filing of an application by the permittee for a permit revision or renewal, or termination, or of a notification of planned

changes to a permitted source or anticipated noncompliance does not stay a term or condition of a Part 70 permit. 

(4) Property Rights. The permit shall contain a provision that the permit does not convey any property rights or any 

exclusive privilege. 

(5) Duty to Provide Information. The permit shall contain a provision that the permittee shall furnish to the Department, 

within a reasonable time specified by the Department, information that the Department may request in writing to determine 

whether the permittee is in compliance with the federally enforceable provisions of the permit or whether cause exists for revising 

or revoking the permit. Upon request, the permittee shall also furnish to the Department records required to be kept under the 
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permit. For information claimed by the permittee to be confidential and therefore potentially not disclosable to the public, the 

Department may require the permittee to provide a copy of the records directly to the EPA along with the claim of confidentiality. 

F. Emissions Trading. Provisions for emissions trading: 

(1) Shall include all terms and conditions required by this regulation to determine compliance; 

(2) May extend the permit shield in Regulation .23 of this chapter to all terms and conditions related to emissions trading; 

(3) Shall meet all applicable federally enforceable regulatory and permit requirements and the requirements of this chapter; 

(4) Shall be solely for the purpose of complying with a federally enforceable emissions limit that is established in the permit 

independent of otherwise applicable requirements of the Clean Air Act; and 

(5) Do not allow trading that involves an emissions unit for which the Department determines that replicable procedures 

have not been identified by the applicant to ensure that the proposed trades are quantifiable and enforceable. 

G. Compliance Requirements. 

(1) All Part 70 permits shall contain provisions with respect to compliance as described in this section. 

(2) The permit shall contain compliance certification, testing, monitoring, reporting, and record-keeping requirements 

sufficient to assure compliance with the permit. A report or other document that a Part 70 permit requires to be submitted to the 

Department shall contain a certification by a responsible official that meets the requirements of COMAR 26.11.02.02F and 

Regulation .02F of this chapter. 

(3) The permit shall contain entry and inspection provisions that require the permittee to allow employees and authorized 

representatives of the Department and the EPA, upon presentation of credentials and other documents as may be required by law, 

to: 

(a) Enter at any reasonable time without delay and without prior notice the permittee's property where a Part 70 source is 

located, emission-related activity is conducted, or records required by the permit are kept; 

(b) Have access to and copy records required by the permit; 

(c) Inspect the source, all emissions units within the source, and all related monitoring, air pollution control equipment, 

practices, or operations regulated or required under the permit; and 

(d) Sample or monitor any substances or parameters at or related to the source for the purpose of determining compliance 

with the permit. 

(4) The permit shall contain a schedule of compliance consistent with Regulation .03B(17) of this chapter. 

(5) The permit shall require progress reports consistent with an applicable schedule of compliance and Regulation .03B(17) 

of this chapter to be submitted quarterly, or more frequently, as specified in the applicable requirement of the Clean Air Act or by 

the Department. A progress report includes: 

(a) The date when each requirement in the schedule of compliance was or will be met; and 

(b) An explanation of why a date in the schedule of compliance was or will not be met and those actions taken to avoid 

not meeting the date. 

(6) The permit shall contain the following provisions for compliance certification with the terms and conditions of the 

permit, including emission limits, standards, and work practices which are based upon applicable requirements of the Clean Air 

Act: 

(a) The frequency of submission, which will be annually or more frequent as specified in the applicable requirement of 

the Clean Air Act or by the Department; and 

(b) In accordance with §C(3) of this regulation, the methods for monitoring and assessing compliance of the source with 

the permit. 

(7) The permit shall contain a provision that the compliance certification include: 

(a) The identification of each federally enforceable term or condition of the permit that is the basis of the certification; 

(b) The compliance status; 
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(c) Whether compliance was continuous or intermittent; 

(d) The methods used for determining the compliance status of the source, currently and over the reporting period; and 

(e) Other information the Department requires to determine the compliance status of the source. 

(8) The permit shall contain requirements that all compliance certifications be submitted simultaneously to the Department 

and EPA. 

(9) The permit shall contain additional requirements as specified pursuant to §§114(a)(3) and 504(b) of the Clean Air Act. 

.07 Public Participation Procedures. 

A. Applicability. 

(1) The applicant for a Part 70 permit, a significant permit modification to a Part 70 permit, or a Part 70 permit renewal 

shall provide public notification of the permit proceeding in accordance with the provisions of this regulation. 

(2) A permittee whose Part 70 permit is reopened under Regulation .20 of this chapter shall provide public notification of 

the reopening of the permit, in accordance with the requirements of this regulation. This notification shall apply only to those 

portions of the permit for which cause to reopen exists. 

(3) A person who applies to be covered by a general Part 70 permit, as provided by Regulation .21 of this chapter, is not 

subject to the requirements of this regulation if the general Part 70 permit has already completed all the public, affected State, and 

EPA notification, comment, and review procedures required by this regulation. 

(4) Except as expressly provided otherwise, this regulation does not apply to the State-only enforceable conditions of a Part 

70 permit. 

B. Public Notice Requirements. 

(1) For Part 70 permit proceedings subject to this regulation, the Department shall: 

(a) Direct the applicant or permittee to provide the public notice as required by this regulation; 

(b) Provide opportunity for public comment and opportunity for a nonadjudicatory public hearing on the draft Part 70 

permit; 

(c) Make available for public inspection: 

(i) The complete application, except for information qualifying as confidential information, 

(ii) The draft Part 70 permit, and 

(iii) Other relevant supporting information; and 

(d) Provide a copy of the draft Part 70 permit to the applicant. 

(2) For Part 70 permit proceedings subject to this regulation, the applicant or permittee shall provide, at its own expense, a 

public notice, in a format approved by the Department, that includes the information listed in §C of this regulation: 

(a) By publication in a newspaper of general circulation in the area where the source is located; 

(b) As directed by the Department, to any person who has made a timely request to the Department in accordance with 

procedures established by the Department for making the requests; and 

(c) By other means if required by the Department to assure adequate notice to the affected public. 

C. Format for Public Notice. The public notice required by §B of this regulation shall include the following minimum 

information: 

(1) The Part 70 permit or application number as assigned by the Department; 

(2) The location and a description of the source for which the Part 70 permit is sought and the operations conducted at the 

source; 

(3) The name and address of the applicant; 

(4) The name and address of the Department; 
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(5) The change to emissions involved in any significant permit modification; 

(6) Information on the location and availability of copies of the draft permit, the complete application, and relevant 

supporting information; 

(7) The name, address, and telephone number of a person representing the applicant and of a person representing the 

Department from whom interested persons may obtain additional information; 

(8) A brief description of the public participation procedures required by this regulation; and 

(9) The time and place of any nonadjudicatory hearing that has been scheduled or the procedures to request a hearing if a 

hearing has not been scheduled. 

D. The Department shall provide at least 30 days for public comment on a draft Part 70 permit, renewal, or revision subject to 

this regulation. During the 30-day public comment period, a person may submit written comments and may submit a written 

request for a nonadjudicatory public hearing if a hearing has not been scheduled. The Department shall consider all public 

comments that raise issues of law or material fact regarding an application for a Part 70 permit, renewal, or revision, but only if 

the issues are germane to applicable requirements of Title V of the Clean Air Act, and the regulations implementing the Title V

program in Maryland. Comments raising issues that relate to the location or nature of a source or an emissions unit subject to a 

Part 70 permit may not be considered unless the commenter demonstrates to the satisfaction of the Department that the 

Department is required by law to consider the issues in issuing or denying the Part 70 permit. 

E. A request for a public hearing shall include the following information: 

(1) The name, mailing address, and telephone number of the person making the request; 

(2) The names and addresses of persons whom the person making the request is representing; and 

(3) The reason why a hearing is requested, including the air quality concern that forms the basis for the request and how this 

concern relates to the person making the request. 

F. The Department will hold a public nonadjudicatory hearing if the Department determines, on the basis of requests, that 

there is significant public interest in the draft Part 70 permit, renewal, or revision. The Department or the applicant shall give 

notice of a nonadjudicatory public hearing at least 30 days before the hearing. 

G. The Department shall keep a record of the identity of the commenters, to the extent that they identified themselves, and a 

summary of the issues raised during the public comment period so that the EPA may fulfill its obligation under §505(b)(2) of the 

Clean Air Act to determine whether a citizen petition may be granted. This information shall be available to the public. 

Reasonable limits may be set on the time allowed for oral statements made at a public hearing. 

.08 Review by Affected States of Part 70 Permits. 

A. The Department shall provide notice of each draft Part 70 permit, significant permit modification, and draft permit renewal 

to each affected state not later than the date that the public notification required by Regulation .07 of this chapter is provided. 

Notification of a minor permit modification shall be sent within 5 days of receipt of a complete application, as provided in 

Regulation .16E of this chapter. As provided in Regulation .15 of this chapter, administrative permit amendments are not subject 

to this regulation. Notice of a reopened permit shall also be provided to affected states for review not later than the date that the 

public notification is required by Regulation .07 of this chapter. 

B. An affected state shall have 30 days from the date of notification provided in §A of this regulation to provide comments to 

the Department. 

C. The Department shall notify in writing the EPA and any affected state that submitted comments within the 30-day comment 

period of a decision by the Department not to incorporate any recommendation from that affected state into the proposed permit.

This notice shall be sent with the proposed permit to the EPA, or as soon as possible after the submittal of minor permit 

modifications, as provided at Regulation .16 of this chapter, and shall include the Department's reasons for not accepting the 

recommendations. The Department shall refuse to accept a recommendation that is not based on the requirements of 40 CFR Part 

70 or other applicable requirement of the Clean Air Act. 

.09 Review by EPA of Part 70 Permits. 

A. The Department shall provide the EPA with a copy of each application for a Part 70 permit, including an application for a 

permit revision, each proposed permit, and each final Part 70 permit, unless the EPA agrees to accept a summary of the 
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application and related information. The Department may require the applicant to submit a copy of the permit application, 

including the compliance plan directly to the EPA. 

B. Except for administrative permit amendments for which notice to the EPA is not required, the Department may not issue or 

revise the federally enforceable provisions of a Part 70 permit if the EPA: 

(1) Objects to its issuance or revision in writing within 45 days of EPA's receipt of the proposed permit or revision and any 

necessary supporting information; and 

(2) Specifies the basis for its objection and a description of the terms and conditions that must be included in the permit to 

respond to the objection. 

.10 Public Petitions for Review to EPA Regarding Part 70 Permits. 

A. If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, 

within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based 

only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during 

the public comment period provided in Regulation .07D of this chapter, unless: 

(1) The petitioner demonstrates that it was impracticable to raise the objections within the public comment period; or 

(2) The grounds for the objection arose after the public comment period. 

B. A person submitting a petition for review to the EPA under this regulation shall provide the Department and the applicant 

with a copy of the petition when it is provided to the EPA. 

C. If the EPA objects to a Part 70 permit as a result of a petition for review filed under this regulation, the Department may not

issue the permit until EPA's objection has been resolved. A petition for review does not stay the effectiveness of a Part 70 permit 

or its requirements if the permit was issued after the end of the 45-day review period and before an EPA objection. 

D. If the Department has issued a Part 70 permit before receipt of an EPA objection under this regulation, the Department has 

90 days from receipt of the EPA objection to resolve the objection and to reopen and revise or revoke the permit. If the 

Department fails to resolve the EPA objection and EPA then reopens and revises or revokes the permit in accordance with 40 

CFR §70.8(d), the Department thereafter may issue only a revised Part 70 permit that satisfies the EPA's objection. In this event, 

the owner or operator of the source is not in violation of the requirement to have submitted a timely and complete application if 

the owner or operator timely provides the Department with all information necessary to revise the permit. 

.11 Hearing Procedures. 

A. Request for a Contested Case Hearing. If the Department denies a Part 70 permit or issues it with terms and conditions that 

are objectionable to the applicant, the applicant may request that a contested case hearing be held regarding the permit. This 

request shall be made to the Department in writing not later than 15 days after the applicant receives notice that the permit has 

been denied or of the objectionable terms and conditions. The request shall include the basis for the request and refer to any 

objectionable terms and conditions. 

B. Referral to Office of Administrative Hearings. The Department shall refer the applicant's request to the Office of 

Administrative Hearings (OAH) for a contested case hearing regarding the denial of the permit or the objectionable terms and 

conditions. If objectionable terms and conditions are the basis for the request, the referral is limited to the objectionable terms and 

conditions and any others that are necessarily implicated by a challenge to the objectionable terms and conditions. 

C. Notice to Other Persons. After referral to OAH, the applicant shall provide notice of the contested case hearing, at the 

applicant's expense, to the EPA, any affected state that commented on the draft or proposed permit, and any other person who has 

requested notice. The applicant shall also provide notice in a newspaper of general circulation in the area of the source for which 

the Part 70 permit is sought. Before the notices required by this section are sent or published, the form and content of the notices 

shall be submitted by the applicant to the administrative law judge for approval. 

D. Rights of Other Persons to Participate. The EPA has the right, at its discretion, to participate as a party in a contested case

hearing held under this regulation. Any other person may move to participate in the contested case hearing in accordance with the 

requirements of Maryland law. 

E. Additional Notice and Final Decision. If the EPA did not participate in the contested case hearing, the Department shall 

provide the EPA with a copy of the proposed decision of the administrative law judge and 45 days opportunity to comment before 
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the Department issues its final decision in the contested case. If the EPA comments within 45 days, the Department shall provide 

a copy of those comments to all parties to the contested case hearing and 10 days to respond to those comments. After the end of 

this comment period, or without a comment period if EPA participated in the contested case hearing, the Department shall issue 

its final decision in the contested case. 

F. Determination that an Application is Incomplete. A determination by the Department that an application for an initial or 

renewed Part 70 permit is incomplete is also subject to the procedures for contested cases in §§A and B of this regulation, if the 

determination is made after the time for submitting a timely application. The requirements of §§C—E of this regulation do not 

apply to a contested case hearing held under this section. 

G. State-only Enforceable Conditions. Sections A, B, and F of this regulation apply to the federally enforceable and the Stateonly enforceable conditions of a Part 70 permit. 

.12 Judicial Review. 

A. Final Decisions. Final decisions of the Department regarding Part 70 permits are subject to judicial review as provided in 

this regulation. The following decisions are final: 

(1) A final decision of the Department regarding a Part 70 permit following a contested case hearing requested by the 

applicant, as provided in Regulation .11 of this chapter; 

(2) Failure of the Department to make a decision regarding a Part 70 permit within the time limits specified in Regulation 

.13A(3) of this chapter; 

(3) A decision to issue a Part 70 permit followed by a petition to the EPA, pursuant to Regulation .10 of this chapter, which 

has been denied by the EPA; 

(4) A decision to issue a Part 70 permit before a petition to the EPA, pursuant to Regulation .10 of this chapter, which has 

been denied by the EPA; 

(5) The adoption of a regulation establishing a general permit, as provided in Regulation .21 of this chapter. 

B. Notwithstanding §A of this regulation, a decision by the Department regarding a Part 70 permit is not final if a petition 

pursuant to Regulation .10 of this chapter is pending before the EPA, if an EPA objection to the permit has not been resolved, or 

if any other action is pending before the EPA, if the action was initiated with EPA or by EPA not later than 90 days after the 

Department's decision to issue a permit. A person who is uncertain whether a decision of the Department is not final because 

action is pending before the EPA shall request the Department to determine whether the action is pending. The Department shall 

consult with the EPA and respond in writing to a request within 20 days of receiving it. 

C. Form of Judicial Review. 

(1) A final decision by the Department in a contested case requested by the applicant is subject to judicial review as 

provided in Environment Article, §2-607, and State Government Article, §10-222, Annotated Code of Maryland. 

(2) Failure of the Department to make a decision within the time limits specified in Regulation .13A(3) of this chapter, or to 

reopen a permit as provided in Regulation .20C(3)(c) of this chapter is subject to an action for mandamus or any other action 

provided by law to compel the Department to make a decision. As provided in COMAR 26.11.02.02I, a Part 70 permit may not be 

considered to be issued because of the failure of the Department to make a decision within a time limit prescribed in this chapter. 

(3) The adoption of a regulation establishing a general permit is subject to judicial review as provided in State Government 

Article, §10-125, Annotated Code of Maryland. 

(4) Final decisions to issue Part 70 permits, as provided in §A(3) and (4) of this regulation, are subject to an action for 

judicial review brought by any person other than the applicant, as provided in the Maryland Environmental Standing Act 

(MESA), Natural Resources Article, §1-501 et seq., Annotated Code of Maryland. 

D. Time Limit for and Scope of Judicial Review. 

(1) As provided in Maryland Rule §7-203, appeal of a contested case decision regarding a Part 70 permit shall be filed not 

later than 30 days after the final decision of the Department. 

(2) A judicial action to compel the Department to make a decision regarding a Part 70 permit shall be filed before the 

Department makes a final decision to issue or deny the permit. 
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(3) As provided for at 40 CFR §70.4(b)(3)(xii), and except as provided in §D(4) of this regulation, an action for judicial 

review of a decision regarding a Part 70 permit that is not subject to §D(1) or (2) of this regulation shall be filed not later than 90 

days after the decision of the Department is final. 

(4) An action for judicial review under §D(3) of this regulation may be filed later than 90 days after a final decision of the 

Department if the action is based solely on grounds arising later than 90 days after the final decision. This action shall be filed not 

later than 90 days after the new grounds for review arise and is limited to the new grounds. 

(5) An action for judicial review under §D(3) of this regulation is limited to issues that are germane and material to the Part 

70 permit and that were raised by or on behalf of the person seeking review in written or oral comments made during the time for 

making comments, except if the person seeking review was not afforded an opportunity to comment on the draft permit. 

E. Record for Judicial Review. 

(1) For cases involving judicial review of a final decision regarding a Part 70 permit in a case that is a contested case, the 

record for judicial review shall be compiled in accordance with COMAR 28.02.01 and other law that pertains to contested cases. 

(2) For cases involving judicial review of the final decision regarding a Part 70 permit in a case that is not a contested case, 

the record for judicial review shall consist of those records and other significant information considered by the Department when 

it decided whether to issue or deny the permit or, for the cases in which it is alleged that the Department has failed to make a 

timely decision, the information before the Department regarding the pending application. Except in cases that are based on new

grounds provided for in §D(4) of this regulation, the record also consists of all comments and information submitted to the 

Department during the period to consider the permit. In cases that arise because of new grounds, the record includes the new 

grounds. 

.13 Issuance and Renewal of Part 70 Permits. 

A. Action on Applications for a Part 70 Permit. 

(1) The Department shall issue a Part 70 permit, permit revision, or permit renewal only if it determines that all of the 

following requirements have been met: 

(a) The Department has received a complete application for a Part 70 permit, permit revision, or permit renewal, except 

that a complete application need not be received before a determination that a particular source is covered by a general permit

under Regulation .21 of this chapter unless required by the general permit; 

(b) If applicable, the public participation requirements under Regulation .07 of this chapter; 

(c) If applicable, the procedures for notifying and responding to affected states under Regulation .08 of this chapter; 

(d) The federally enforceable conditions of the permit provide for compliance with all applicable requirements of the 

Clean Air Act or the permit includes a schedule to achieve compliance that is acceptable to the Department; 

(e) The EPA has received a copy of the proposed permit and any other information required by Regulation .09A of this 

chapter, and has either not objected to issuance of the permit under Regulation .09B of this chapter within a 45-day period or has 

objected within the time period but the objection has been resolved; and 

(f) The applicant has paid all fees owed to the Department that are related to the State air pollution control law. 

(2) The criteria for issuing or denying the State-only enforceable conditions of a Part 70 permit are those criteria specified 

in COMAR 26.11.02.06C and D. 

(3) Except as provided in 40 CFR §70.4(b)(4)(ii) regarding program approval and initial applications, Regulations .14 — 

.17 of this chapter regarding revisions to Part 70 permits, Regulation .21 of this chapter regarding general Part 70 permits, or in 

regulations promulgated by EPA under Title IV and Title V of the Clean Air Act for the permitting of affected sources under the

acid rain program, the Department shall take final action on each Part 70 permit application, including a request for renewal, 

within 18 months after receiving a complete application. The Department shall take final action on an application within: 

(a) 60 days for an administrative permit amendment, as provided in Regulation .15D of this chapter; 

(b) 90 days for a minor permit modification, or 15 days after the end of EPA's 45-day review period under Regulation .09 

of this chapter, whichever is later, as provided in Regulation .16F of this chapter; or 

(c) 9 months for a significant permit modification, as provided in Regulation .17G of this chapter. 
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(4) Final action on an application for a general Part 70 permit shall be taken as specified in the general permit. Final action 

on a reopened permit shall be taken as specified in Regulation .20C of this chapter. 

(5) The Department shall provide a statement that sets forth the legal and factual basis for the draft federally enforceable 

permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall provide this

statement to the EPA, affected states, and to any other person who requests it. 

(6) The submittal of a complete application does not affect the requirement that the owner or operator of a source obtain a 

preconstruction permit under Title I of the Clean Air Act or a permit to construct or approval required under COMAR 26.11.02. 

B. Part 70 Permit Renewal and Expiration. 

(1) The procedures for renewal of a Part 70 permit are the same as provided in Regulations .02, .03, and .07—.12 of this 

chapter for initial Part 70 permits, including procedures for applications, public participation, and affected state and EPA review. 

(2) The expiration of a Part 70 permit for a source terminates the right of the owner or operator to operate the source unless 

a timely and complete renewal application has been submitted, as provided in Regulation .02B and C of this chapter. 

(3) After a timely and complete application for a Part 70 permit renewal has been submitted, the permittee shall continue to 

operate under the terms and conditions of the current Part 70 permit until the Department has taken final action on the permit 

renewal. 

C. No Default Issuance. As provided in COMAR 26.11.02.02I, failure of the Department to act on a Part 70 permit application 

is not deemed issuance by default. 

.14 Revision of Part 70 Permits — General Requirements. 

A. The permittee shall submit an application to the Department to revise a Part 70 permit when required under Regulations 

.15—.17 of this chapter. 

B. The applicant for a revision to a Part 70 permit shall comply with the requirements of Regulations .02 and .03 of this 

chapter and this regulation except that the application need include only information listed that is related to the proposed change 

to the source and revision to the permit. This information shall be sufficient to evaluate the proposed change and to determine

whether it will comply with all applicable requirements of the Clean Air Act. 

C. A permittee may not change any provision of a compliance plan or schedule in a Part 70 permit as an administrative permit 

amendment or a minor permit modification unless the change has been approved by the Department in writing. 

D. On-permit and off-permit changes made to a Part 70 source, in accordance with Regulations .19 and .20 of this chapter, do 

not result in a revision to a Part 70 permit because the terms and conditions of the permit are not revised to reflect the change to 

the source. 

.15 Administrative Permit Amendments. 

A. A permittee may apply to the Department to make an administrative permit amendment to a Part 70 permit, as provided in 

this regulation. The application shall: 

(1) Be in writing; 

(2) Include a statement certified by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 

26.11.02.02F, that the proposed amendment meets the criteria for an administrative permit amendment; and 

(3) Identify those provisions of the Part 70 permit for which the amendment is requested and the basis for the request. 

B. An administrative permit amendment is a Part 70 permit revision that: 

(1) Corrects typographical errors; 

(2) Identifies a change in the name, address, or phone number of a person identified in the permit, or a similar 

administrative change involving the permittee or other matters not directly related to the control of air pollution; 

(3) Requires more frequent monitoring or reporting by the permittee; 

(4) Allows for a change in ownership or operational control of a source for which the Department determines that no other 

revision to the permit is necessary, if a written agreement containing a specific date for transfer of permit responsibility, coverage, 

and liability between the current and new permittee has been submitted to the Department; 
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(5) Incorporates into the Part 70 permit the requirements from preconstruction review permits or approvals issued by the 

Department in accordance with the requirements of this subtitle, but only if the procedures for preconstruction review satisfy the 

requirements of 40 CFR §70.7(d)(1)(v); 

(6) Incorporates any other type of change, as approved by the EPA, which is similar to those in §B(1)—(4) of this 

regulation; 

(7) Incorporates any change to a term or condition specified as State-only enforceable, if the permittee has obtained all 

necessary permits to construct and approvals that apply to the change. 

C. The Department may approve an administrative permit amendment to a Part 70 permit, consistent with the requirements of 

this regulation, except for a permit modification for the acid rain portion of a Part 70 permit which is governed by regulations 

promulgated under Title IV of the Clean Air Act. 

D. The Department shall take final action to approve or deny an administrative permit amendment within 60 days of receipt of 

a complete application. An amendment to a Part 70 permit under this regulation may be made without providing notice to the 

public or affected states. The Department shall identify in the permit an amendment made under this regulation. 

E. The Department shall submit a copy of the revised Part 70 permit to the EPA. 

F. The permittee may make the change addressed in the application for an administrative amendment upon receipt by the 

Department of the application, if all permits to construct or approvals otherwise required by this chapter with respect to the 

change have first been obtained from the Department. 

G. The permit shield in Regulation .23 of this chapter applies to administrative permit amendments made under §B(5) of this 

regulation but only after the Department takes final action to revise the permit. 

H. The permittee is subject to enforcement action if it is determined at any time that a change made under this regulation is not 

within the scope of this regulation. 

.16 Minor Permit Modifications. 

A. A permittee may apply to the Department to make a minor modification to the federally enforceable provisions of a Part 70 

permit, as provided in this regulation. 

B. A minor permit modification is a Part 70 permit revision that: 

(1) Does not result in a violation of any applicable requirement of the Clean Air Act; 

(2) Does not significantly revise existing federally enforceable monitoring, including test methods, reporting, record 

keeping, or compliance certification requirements except by: 

(a) Adding new requirements, 

(b) Eliminating the requirements if they are rendered meaningless because the only emissions to which the requirements 

apply will no longer occur, or 

(c) Changing from one approved test method for a pollutant and source category to another; 

(3) Does not require or modify a: 

(a) Case-by-case determination of a federally enforceable emission standard, 

(b) Source-specific determination for temporary sources of ambient impacts, or 

(c) Visibility or increment analysis; 

(4) Does not seek to establish or modify a federally enforceable permit term or condition for which there is no 

corresponding underlying applicable requirement of the Clean Air Act, but that the permittee has assumed to avoid an applicable

requirement to which the source would otherwise be subject; 

(5) Is not a Title I modification; and 

(6) Is not required under Regulation .17 of this chapter to be processed as a significant modification to a Part 70 permit. 
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C. The terms and conditions described in §B(4) of this regulation include: 

(1) A federally enforceable emission standard applied to the source pursuant to COMAR 26.11.02.03 to avoid classification 

as a Title I modification; and 

(2) An alternative emission standard applied to the source pursuant to regulations promulgated under §112(i)(5) of the 

Clean Air Act. 

D. Application for a Minor Permit Modification. The permittee shall submit to the Department an application for a minor 

permit modification that satisfies the requirements of Regulation .03 of this chapter, and which includes the following: 

(1) A description of the proposed change, the emissions resulting from the change, and any new applicable requirements 

that will apply if the change is made; 

(2) The proposed minor permit modification; 

(3) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F 

that: 

(a) The proposed change meets the criteria for a minor permit modification, and 

(b) The permittee has obtained or applied for all required permits to construct required by this chapter with respect to the 

proposed change; and 

(4) Completed forms for the Department to use to notify the EPA and affected states, as required by Regulations .07—.12 

of this chapter. 

E. EPA and Affected State Notification. Not later than 5 working days after receipt of a complete application, the Department 

shall notify EPA and affected states of an application for a minor permit modification, as required by Regulations .08A and .09A 

of this chapter. The Department shall promptly send to EPA any notice required under Regulation .08C of this chapter. 

F. Timetable for Issuance. 

(1) The Department may not issue a final minor permit modification until the 45-day period for EPA review has ended or 

until the EPA has notified the Department that EPA does not object to issuance of the minor permit modification, whichever 

occurs first. 

(2) Not later than 90 days after the Department's receipt of a complete application for a minor permit modification or 15 

days after the end of the 45-day period for EPA review, whichever is later, the Department shall: 

(a) Issue the minor permit modification as proposed; 

(b) Deny the minor permit modification; 

(c) Determine that the change as described in the application does not meet the criteria for a minor permit modification 

and should be reviewed under the significant modification procedures in Regulation .17 of this chapter; or 

(d) Revise the draft permit modification and transmit to EPA and affected states the new proposed minor permit 

modification, as required by Regulation .16E of this chapter. 

G. Permittee's Ability to Make Change. 

(1) If a change proposed in an application for a minor permit modification requires a permit to construct, the permittee may 

make the change only after the permit to construct has been issued by the Department. 

(2) If a change proposed in an application for a minor permit modification does not require a permit to construct, the 

permittee may make the change at any time after receipt of the application by the Department. 

(3) After the permittee makes a change allowed by this section and before the Department takes any of the actions specified 

in §F(2) of this regulation, the permittee shall comply with both the applicable requirements of the Clean Air Act that relate to the 

change and the permit terms and conditions described in the application for the modification. During this period of time, the 

permittee is not required to comply with the terms and conditions in the permit that it seeks to modify. If the permittee fails to 

comply with the permit terms and conditions in the application during this period of time, the terms and conditions in both the

permit and in the application may be enforced against it. 

H. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to minor permit modifications. 
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I. The permittee is subject to enforcement action if it is determined at any time that a change made under this regulation is not 

within the scope of this regulation. 

J. Notwithstanding any provision of this chapter, minor permit modification procedures may be used for Part 70 permit 

modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, but 

only to the extent that the minor permit modification procedures are explicitly provided for in regulations approved by the EPA as 

part of that Maryland SIP or in other applicable requirements of the Clean Air Act. 

.17 Significant Permit Modifications. 

A. As provided in this regulation, a permittee may apply to the Department to make a significant modification to a Part 70 

permit. 

B. A significant permit modification is a revision to the federally enforceable provisions of a Part 70 permit that does not 

qualify as an administrative permit amendment under Regulation .15 of this chapter or as a minor permit modification under 

Regulation .16 of this chapter. A significant change or relaxation in a monitoring requirement and a relaxation of a reporting or 

record-keeping requirement in a Part 70 permit is a significant modification. 

C. This regulation does not preclude a permittee from making changes, consistent with the provisions of this chapter, that 

would make a permit or particular terms and conditions of a permit irrelevant, such as by shutting down or reducing the level of 

operation of a source or of an emission unit within the source. Air pollution control equipment may not be shut down or its level 

of operation reduced if doing so would violate any term of a permit or approval. 

D. Significant permit modifications are subject to all requirements of this chapter as they apply to permit issuance and 

renewal, including the requirements for applications, public participation, and review by affected states and EPA, except: 

(1) An application need include only information pertaining to the proposed change to the source and modification of the 

permit, including a description of the change and modification, the emissions resulting from the change and modification, and any 

new applicable requirements of the Clean Air Act that will apply if the change occurs; 

(2) Public participation, and review by affected states and EPA, is limited to only the application and those federally 

enforceable terms and conditions of the Part 70 permit that are affected by the significant permit modification. 

E. As provided at Regulation .15B(5) of this chapter, an administrative permit amendment may be used to make a change that 

would otherwise require a significant permit modification if procedures for enhanced preconstruction review of the change are 

followed that satisfy the requirements of 40 CFR §70.7(d)(1)(v). 

F. Permittee's Ability to Make Change. 

(1) Before making a change that qualifies as a significant permit modification, a permittee shall obtain all permits to 

construct and approvals if required by COMAR 26.11.02.09A, or shall obtain a certificate of public convenience and necessity 

(CPCN) from the Public Service Commission if required under Public Utilities Article, Title 7, Subtitle 2, Annotated Code of 

Maryland. 

(2) For modifications that require a permit to construct and, if applicable, approval by COMAR 26.11.02, or a CPCN from 

the Public Service Commission, the permittee may make the change only after the permittee has received the required permit to 

construct, and, if applicable, approval or CPCN and has submitted a complete application for a significant modification to its Part 

70 permit. 

(3) For modifications that do not require a permit to construct, and, if applicable, approval, the permittee may not make the 

change until the Department issues a revised Part 70 permit that includes the requirements that apply to the modification. 

G. The Department shall make its final decision to issue or deny a significant permit modification within 9 months after 

receipt of a complete application, but may extend that date for cause. 

H. A permittee may not make a significant permit modification that results in a violation of any applicable requirement of the 

Clean Air Act. 

I. Permit Shield. The permit shield in Regulation .23 of this chapter applies to a final significant permit modification that has 

been issued by the Department, to the extent applicable under Regulation .23 of this chapter. 
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.18 On-Permit Changes to Sources. 

A. A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if: 

(1) The change is not a Title I modification; 

(2) The change does not result in emissions in excess of those expressly allowed under the federally enforceable provisions 

of the Part 70 permit for the permitted source or for an emissions unit within the source, whether expressed as a rate of emissions 

or in terms of total emissions; 

(3) The permittee has obtained all permits and approvals required by this chapter and COMAR 26.11.02; 

(4) The change does not violate an applicable requirement of the Clean Air Act; 

(5) The change does not violate a federally enforceable permit term or condition related to monitoring, including test 

methods, record keeping, reporting, or compliance certification requirements; 

(6) The change does not violate a federally enforceable permit term or condition limiting hours of operation, work practices, 

fuel usage, raw material usage, or production levels if the term or condition has been established to limit emissions allowable

under the permit; 

(7) The change does not modify a federally enforceable provision of a compliance plan or schedule in a Part 70 permit 

unless the Department has approved the change in writing; and 

(8) The permit does not expressly prohibit the change under this regulation. 

B. The permittee shall notify the Department and the EPA in writing of a proposed change under this regulation not later than 

7 days before the change is made. 

C. The written notification required by §B of this regulation shall include: 

(1) The following information: 

(a) A description of the proposed change, 

(b) The date on which the change is proposed to be made, 

(c) Any change in emissions resulting from the change, including the pollutants emitted, 

(d) Any new applicable requirement of the Clean Air Act, and 

(e) Any permit term or condition that would no longer apply; and 

(2) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F, 

that the proposed change meets the criteria for the use of on-permit changes under this regulation and a request that these 

procedures be used. 

D. The permittee, the Department, and EPA shall attach each notice required by §B of this regulation to their copy of the Part 

70 permit. 

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. 

F. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. 

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. 

H. The permittee is subject to enforcement action if it is determined that a change made under this regulation is not within the 

scope of this regulation or violates any requirement of the State air pollution control law. 

.19 Off-Permit Changes to Sources. 

A. A permittee may make a change to the permitted source that is not addressed or prohibited by the federally enforceable 

conditions of a Part 70 permit without obtaining a Part 70 permit revision if: 

(1) The owner or operator has obtained all permits and approvals required by this chapter; 

(2) The change is not subject to any requirements under Title IV of the Clean Air Act; 

(3) The change is not a Title I modification; and 
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(4) The change does not violate an applicable requirement of the Clean Air Act or a federally enforceable term or condition 

of the permit. 

B. For a change that qualifies under this regulation, the permittee shall provide contemporaneous written notice to the 

Department and the EPA, except for a change to an emission unit or an activity that is exempt from the Part 70 permit application, 

as provided in Regulation .04 of this chapter. This written notice shall describe the change, including the date it was made, any 

change in emissions, including the pollutants emitted, and any new applicable requirements of the Clean Air Act that apply as a

result of the change. 

C. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. 

D. The permittee shall keep a record describing: 

(1) Changes made at the source that result in emissions of an air pollutant subject to an applicable requirement of the Clean 

Air Act, but not otherwise regulated under the permit; and 

(2) The emissions resulting from those changes. 

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. 

F. The permittee shall include each change made under this regulation in the application for the next renewal of the Part 70 

permit. 

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. 

H. The permittee is subject to enforcement action if it is determined that a change made under this regulation is not within the 

scope of this regulation. 

.20 Reopening Part 70 Permits. 

A. Reopening a Part 70 Permit by the Department. 

(1) Mandatory Reopening by the Department. The Department shall reopen and revise or revoke the federally enforceable 

conditions of a Part 70 permit under the following circumstances: 

(a) Additional requirements of the Clean Air Act become applicable to a major Part 70 source with a remaining permit 

term of 3 or more years; 

(b) Additional requirements, including excess emissions requirements, become applicable to an affected source under the 

acid rain program; 

(c) The Department or the EPA determines that the permit contains a material mistake or is based on false or inaccurate 

information supplied by or on behalf of the applicant; or 

(d) The Department or the EPA determines that the permit must be revised or revoked to assure compliance with the 

applicable requirements of the Clean Air Act. 

(2) A reopening and revision under §A(1)(a) of this regulation shall be completed not later than 18 months after 

promulgation of the new applicable requirement. A reopening is not required if the effective date of the new requirement is later 

than the date on which the permit is due to expire, unless the original permit or any of the original permit's terms and conditions 

have been extended pursuant to Regulation .13B of this chapter. 

(3) Upon approval by the EPA, excess emission offset plans under §A(1)(b) of this regulation are deemed to be 

incorporated into the permit. 

(4) Discretionary Reopening by the Department. The Department may reopen and revise the federally enforceable 

conditions of a Part 70 permit under any of the following circumstances: 

(a) The Department determines that the permit must be revised or revoked to assure compliance with an applicable 

national ambient air quality standard or increment; or 

(b) The Department receives information previously unavailable to the Department that shows that the terms and 

conditions of the permit do not accurately reflect the actual circumstances relating to the permitted facility. 

B. Discretionary Reopening by EPA. The EPA may reopen a Part 70 permit as prescribed in 40 CFR §70.7(g). 
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C. Procedures for Reopening a Part 70 Permit by the Department. 

(1) Not later than 30 days before reopening a permit under this regulation, unless the Department determines that a shorter 

period is necessary to protect public health, the Department shall notify the permittee and the EPA of: 

(a) The Department's intention to reopen the permit; 

(b) Which provisions of the permit will be reopened or that revocation is proposed; 

(c) The proposed revision; 

(d) The basis for the decision; and 

(e) The procedures that apply to the reopening. 

(2) Not later than 20 days after receiving notice, unless a shorter time is specified by the Department, the permittee shall 

respond to the notice by providing the Department with all information that the permittee considers relevant to the notice of 

proposed reopening. A copy of this response shall be sent simultaneously to the EPA. Failure to timely respond or submit relevant 

information constitutes a waiver by the permittee of its right to respond to the notice. 

(3) Notice of Reopening or Decision Not to Reopen. 

(a) Except as provided in §C(3)(b) of this regulation, not sooner than 30 days after the permittee received the notice 

required by this section, unless the Department determines that a shorter time is required to protect public health, the Department 

shall notify the permittee and the EPA: 

(i) That the permit has been reopened; 

(ii) Which provisions are reopened and the proposed revision if the proposed revisions can be determined, or that 

revocation is proposed; and 

(iii) Of the procedures that apply to the reopening. 

(b) At any time before notifying the permittee of a decision to reopen the permit, the Department may notify the 

permittee and the EPA of a decision to not reopen the permit. 

(c) A decision to reopen a permit is not a final decision of the Department. 

(4) Procedures to be Followed for a Reopened Permit. The procedures to be followed if a permit is reopened shall be the 

same procedures that were used for the initial permit issuance as specified in Regulations .07, .08, and .09 of this chapter. 

(5) Application for Reopened Permit and Effective Date of Reopening. Not later than 30 days after it receives notice of a 

decision to reopen a permit, unless the Department specifies a shorter time, the permittee shall submit a complete application for a 

revised permit, following the procedures specified by the Department. The permit is considered to be reopened on the day that the 

Department receives a complete application for the revised permit, except that if a complete application is not received within 30 

days after the permittee receives notice of the reopening, the permittee waives the right to participate in the reopened permit and 

the date of reopening is the date 30 days after the applicant received notice of the reopening. In this event, the Department may 

proceed to revise or revoke the permit without the participation of the permittee using, to the extent practicable, the procedures 

specified under §C(4) of this regulation, including billing the permittee for any costs of public notice or other costs for which an 

applicant is responsible under Regulation .07 of this chapter. 

(6) Decision to Revise or Revoke Permit. Not later than 90 days after the effective date of reopening, unless the Department 

determines that a longer period is required to satisfy the procedures specified for the reopening, the Department shall revise or 

revoke the permit. A decision to revise or revoke a Part 70 permit is subject to the review provisions at Regulations .11 and .12 of 

this chapter. 

D. Extension of Expiration Date of Permit. This regulation does not apply to an extension of the expiration date of a Part 70 

permit unless the entire permit is reopened and the requirements of this chapter for renewal of a Part 70 permit are followed. 

E. Other Actions Not Limited. This regulation is not a limitation on the authority of the Department to bring or pursue at any 

time any administrative, civil, or criminal judicial action authorized by law for violation of a Part 70 permit, including actions for 

penalties and injunctive relief. The Department may reopen and revise or revoke a Part 70 permit while administrative or judicial 

enforcement action is pending or after it has ended. 
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F. Summary Revocation of a Permit. Notwithstanding any other provision of this chapter, in order to protect the public health, 

the Department may initiate administrative action to revoke a permit using the minimum procedures necessary to protect the 

rights of the permittee. These procedures may include summary revocation by the Department of a Part 70 permit and, if 

necessary, judicial actions to enforce the summary revocation pending administrative proceedings and judicial review to 

determine whether the permit should be revoked permanently or revised, or other appropriate action taken. 

.21 General Part 70 Permits. 

A. The Department may, after its review, review by the EPA and affected states, and after notice and opportunity for public 

comment and hearing as required by the rulemaking provisions of the Administrative Procedure Act, State Government Article, 

§10-101 et seq., Annotated Code of Maryland, and Environment Article, §2-301, Annotated Code of Maryland, issue a general 

Part 70 permit covering numerous similar sources or emissions units. Any general permit shall comply with all requirements 

applicable to other Part 70 permits and shall identify criteria by which sources may qualify for the general permit. 

B. The Department shall maintain records of the public comments and issues raised during the public participation process. 

C. Notwithstanding the shield provisions of Regulation .23 of this chapter, a person responsible for a source that the person 

contends is subject to a general permit is subject to an enforcement action for operating without a Part 70 permit if it is 

determined that the source does not qualify for the general permit. 

D. General permits may not be authorized for affected sources under the acid rain program unless otherwise provided in 

regulations promulgated under Title IV of the Clean Air Act. 

E. The owner or operator of a Part 70 source that qualifies for a general permit may apply to the Department for coverage 

under the terms of a general permit. 

F. The Department may in a general permit provide for applications and procedures to identify those sources that are subject to 

that permit that differ from the application requirements of Regulations .02 and .03 of this chapter if these applications and 

procedures meet the requirements of Title V of the Clean Air Act and include all information necessary to determine qualification 

for and to assure compliance with the general permit. 

G. The Department may grant an application for a determination that a general permit applies to a particular source without 

repeating the notice, comment, and review procedures of Regulations .07—.12 of this chapter. However, such a grant may not be 

a final permit action for the purpose of judicial review. 

H. A response to each general permit application may not be provided. The general permit may specify a reasonable period of 

time after which an application is deemed approved and the applicant may operate under the general permit. 

I. The applicant for a general Part 70 permit may be issued an individual permit or a letter or other document indicating that 

the application has been approved or denied. 

J. If the Department provides an individual response, as provided in §H of this regulation, the permittee shall retain that 

response and make it available on request to authorized officials of the Department. 

K. An applicant for and a permittee subject to a general permit is subject to the requirements of COMAR 26.11.02.16 and shall 

pay the annual fee in accordance with COMAR 26.11.02.17—.19. 

L. Notwithstanding any other provision of this chapter, the provisions of Regulations .14—.19 of this chapter, regarding 

revisions, apply to a general permit. 

.22 Part 70 Permits for Temporary Sources. 

A. A temporary source is a Part 70 source that the applicant intends to relocate from one site to another site at least once 

during the term of the permit. The owner or operator of a temporary source that is required to obtain a Part 70 permit, under 

Regulation .01 of this chapter, shall apply for the Part 70 permit in accordance with the requirements of this chapter. 

B. The Department may issue a single Part 70 permit that authorizes operation of a temporary source at multiple sites. 

C. The Department may not issue a permit as a temporary source to an affected source under the acid rain program. 

D. Part 70 permits for temporary sources shall include: 

(1) Conditions to assure compliance with all applicable requirements of the Clean Air Act at all authorized sites; 
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(2) A requirement that the owner or operator notify the Department at least 10 days in advance of each change in site; 

(3) State-only enforceable conditions that assure compliance with all other applicable requirements of the State air pollution 

control law; and 

(4) Conditions that assure compliance with all other provisions of this regulation. 

E. The owner or operator of a temporary source shall create and maintain records of the duration of its stay at a site, in 

addition to the other records required under this subtitle. 

.23 Permit Shield in Part 70 Permits. 

A. Except as provided in this chapter, the Department may expressly include in a Part 70 permit a provision stating that 

compliance with the federally enforceable conditions of the permit is deemed to be in compliance with all applicable requirements 

of the Clean Air Act as of the date of permit issuance. 

B. The permit shield shall cover only the following: 

(1) Applicable requirements of the Clean Air Act that are included and are specifically identified in the permit; and 

(2) Any applicable requirement of the Clean Air Act specifically identified by the Department as being not applicable to the 

source, but only if the permit includes that determination or a summary of the determination. 

C. The permit shield does not apply to terms and conditions of a permit that were based on erroneous information submitted 

by the permittee in its application. 

D. A Part 70 permit that does not expressly state that a permit shield exists is not subject to the shield. 

E. This regulation or a Part 70 permit does not alter or affect the following: 

(1) The emergency order provisions of §303 of the Clean Air Act, including the authority of the EPA under that section; 

(2) The liability of an owner or operator of a source for a violation of an applicable requirement of the Clean Air Act before 

or when a permit is issued or for a violation that continues after issuance; 

(3) The requirements of the acid rain program, consistent with §408(a) of the Clean Air Act; 

(4) The ability of the Department or the EPA to obtain information from a source pursuant to Maryland law and §114 of the 

Clean Air Act; or 

(5) The authority of the Department to enforce an applicable requirement of the State air pollution control law that is not an 

applicable requirement of the Clean Air Act. 

F. The permit shield does not apply to and is not affected by any conditions in a Part 70 permit designated as "State-only 

enforceable". 

.24 Part 70 Permit Emergency Provisions. 

A. For purposes of a Part 70 permit, an "emergency" means a situation: 

(1) Arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator of the source, 

including acts of God; 

(2) Requiring immediate corrective action to restore normal operation; and 

(3) That causes the source to exceed a technology-based emission standard under the Part 70 permit because of unavoidable 

increases in emissions attributable to the emergency. 

B. An emergency does not include noncompliance caused by improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error. 

C. An emergency constitutes an affirmative defense to an action brought for noncompliance with a technology-based emission 

standard in the federally enforceable conditions of a Part 70 permit if the conditions of §D of this regulation are met. 

D. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or 

other relevant evidence that: 

(1) An emergency occurred and that the permittee identified the cause of the emergency; 

(2) The permitted source was being properly operated when the emergency occurred; 
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(3) During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that 

exceeded the emission standards or other requirements of the federally enforceable conditions of a Part 70 permit and the effects 

of those levels of emissions; and 

(4) The permittee submitted verbal notice of the emergency to the Department immediately and written notice within 2 

working days after emission standards were exceeded because of the emergency. 

E. The notice under §D(4) of this regulation shall contain a description of the emergency, the steps taken to minimize 

emissions and their effects, and corrective actions taken. This notice fulfills the requirements of Regulation .06C(7)(a)(iii) of this 

chapter. 

F. In a proceeding to establish noncompliance with the federally enforceable conditions of a Part 70 permit, a permittee has the 

burden of proof to establish the occurrence of an emergency. 

G. This regulation is in addition to an emergency or upset provision contained in an applicable requirement, including the 

provisions of COMAR 26.11.01.07. 

Administrative History 

Effective date: 

Chapter, State-Adopted National Ambient Air Quality Standards and Guidelines, recodified from COMAR 26.11.03.01—.07 to COMAR 26.11.04.03—.09, 

effective May 8, 1995 (22:9 Md. R. 648) 

Editor's note: Regulations .01—.24, Permits, Approvals, and Registration—Part 70 Permits, as well as the Part 70 permit requirements of COMAR 26.11.02 

were effective on August 2, 1996, the date the EPA approved Maryland's program (24:5 Md. R. 413). 

Regulation .01B amended and .01M adopted effective June 16, 1997 (24:12 Md. R. 866) 

Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843) 

—————— 

Chapter revised effective July 9, 2001 (28:13 Md. R. 1217) 

Regulation .01B amended effective December 10, 2001 (28:24 Md.2130) 

Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138) 

Regulation .06C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .12D amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .18A amended effective December 10, 2001 (28:24 Md.2130) 

Regulation .19D amended effective December 10, 2001 (28:24 Md.2130) 
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26.11.04 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 the 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 values 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 samples 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 the 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 expanded 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 leaves or needles of the current year may not exceed 50 

micrograms F per gram dry tissue in washed samples. Leaves and 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 per 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), which 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 

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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 effective July 2, 1985 (12:11 Md. R. 1050) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.04 to COMAR 26.11.04 

Regulation .01C amended effective February 17, 1992 (19:3 Md. R. 306) 

—————— 

Regulation .01 amended, Regulation .02 adopted, and Regulations .01—.07 under COMAR 26.11.03 recodified as Regulations .03—.09 under COMAR 

26.11.04 Ambient Air Quality Standards effective 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, 1980, 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 February 28, 2005 (32:4 Md. R. 411) 

Regulation .04 amended effective February 28, 2005 (32:4 Md. R. 411) 

Regulation .05 amended effective February 28, 2005 (32:4 Md. R. 411) 

Regulation .07 amended effective February 28, 2005 (32:4 Md. R. 411) 

Regulation .08 amended effective February 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, Title 2, Annotated Code of Maryland 

.01 Definitions. 

A. "Air Stagnation Advisory (ASA)" means a forecasted atmospheric stagnation that is expected to last 36 hours or more. 

B. "Atmospheric stagnation" means a measure of the inability of the atmosphere to adequately dilute and disperse pollutants 

emitted into it, based on values of specific meteorological parameters of the microscale, mesoscale, and macroscale features, and 

which satisfies the criteria established by the National Meteorological Center set forth in Environmental Science Service 

Administration Technical Memorandum WBTM-NMC 47 published by the Department of Commerce, May, 1970. 

C. "Chemical and allied products industries" means establishments engaged in the manufacture of: 

(1) Basic chemicals such as acids, alkalies, salts, industrial gases, and organic chemicals; 

(2) Chemical products to be used in further manufacturing such as synthetic fibers, plastics, dry colors, and pigments; 

(3) Finished chemical products to be used for ultimate consumption such as drugs, cosmetics, soap, paints, fertilizers, and 

explosives (Standard Industrial Classification, Major Group 28). 

D. "Emergency" means a sudden, unexpected, and unforeseen condition of such public gravity and exigency as to require 

immediate action, or a condition which is predicted with reasonable certainty to require immediate action to carry out the 

purposes of this subtitle. 

E. "Glass, clay and concrete products industries" means establishments engaged in the manufacture of glass, glassware, textile 

fibers, glass insulation, wool, structured clay products, concrete products, gypsum and plastic products, lime abrasives, and 

asbestos (Standard Industrial Classification, Major Group 32). 

F. "Paper and allied products industries" means establishments engaged in manufacturing wood pulp from wood or other 

materials and the manufacture of paper, paperboard, and building paper (Standard Industrial Classification, Major Group 26). 

G. "Petroleum refining and related industries" means establishments engaged in petroleum refining, the manufacture of paving 

and roofing materials from petroleum products, and compounding paving and building materials and petroleum products 

(Standard Industrial Classification, Major Group 29). 

H. "Pollutant Standards Index (PSI)" means a standardized reporting system for advising the public of possible adverse health 

effects due to air pollution. PSI is a reporting tool that converts measured air pollutant concentrations to a simple number on a 

scale of 0 to 500. A level of 100 on the PSI scale corresponds to the National Ambient Air Quality Standard for ozone, carbon 

monoxide, nitrogen dioxide, sulfur dioxide, or particulate matter. Only the highest PSI is reported for any one period. The levels 

between 0 and 100 correspond to a percentage of the standard, while the levels between 100 and 500 are uniform intervals 

between the National Ambient Air Quality Standard and the "significant harm level", as defined by the U.S. Environmental 

Protection Agency. 

I. "Primary metals industries" means establishments engaged in the: 

(1) Smelting, refining, sintering, and alloying of ferrous and nonferrous metals from ore, pig or scrap; and 

(2) Manufacture of castings, forging, powdered metals, and other basic products of ferrous and nonferrous metals, including 

the production of coke (Standard Industrial Classification, Major Group 33). 

J. "Special Dispersion Statement (SDS)" means a forecasted atmospheric stagnation that is expected to last more than 12 hours 

but less than 36 hours. 

.02 General Requirements. 

A. An air pollution episode system establishes standards and procedures to be followed whenever pollution of the air has the 

potential of reaching an emergency condition if allowed to go unchecked. 

B. Whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air pollution may 

attain, is attaining, or has attained a level or levels considered injurious to human health, conditions of air pollution designated as 
DEPARTMENT OF THE ENVIRONMENT 

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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 accordance with the standby emission reduction 

plans, standby orders as specified in Regulation .05 of this chapter shall be implemented as a designated level is reached. 

D. Nothing contained in these regulations shall be construed as allowing, permitting, or maintaining an emission from any 

installation in the State to be subject to a lesser degree of control as may be required for existing or new regulations adopted by 

the Secretary. 

E. During air pollution episodes, sources having an interstate air pollution potential shall be governed by the following: 

(1) Air pollution emissions within the jurisdiction of the State shall be controlled to the extent that neighboring state 

requirements are not compromised. 

(2) Provisions of these regulations shall apply to installations within the State when a receptor state demonstrates, to the 

satisfaction of the Secretary, that a source or sources within Maryland is substantially affecting established emergency episode 

criteria in the receptor state. 

.03 Air Pollution Episode Criteria. 

A. A condition justifying the proclamation of a Standby Watch, Health Advisory, Alert, Warning, or Emergency shall be 

deemed to exist whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air 

pollutants in any place, locality, county, or other area in the State may attain, is attaining, or has attained levels which, if sustained 

or exceeded, would lead to a threat to the health of the public. In making this determination, the Secretary or his designee shall be 

guided by the specified conditions in §§B, C, and D, of this regulation. 

B. Episode Criteria. 

(1) Standby Watch Stage. The Department shall declare a standby watch stage whenever one or more of the following 

conditions exists: 

(a) Forecasted meteorological conditions that are expected to last at least 12 hours and may inhibit pollutant dispersion or 

increase pollutant concentration. 

(b) A Special Dispersion Statement (SDS) has been issued by the Department. 

(c) An Air Stagnation Advisory (ASA) has been issued by the Department. Upon declaration of an Air Stagnation 

Advisory, the Department shall make a public announcement of this declaration within 2 hours. 

(d) Measured air pollutant concentrations exceed a PSI of 83. 

(2) Health Advisory Stage. The Department shall declare a Health Advisory when measured air pollutant concentrations 

cause the PSI to exceed 100. 

(3) Alert Stage. An Alert shall be declared by the Secretary or his designee when any one or more of the following pollutant 

levels in §B(3)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that pollutant dispersion is expected to be inhibited for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level 

(i) Sulfur dioxide 0.3 ppm 24 hour average 

(ii) PM10 180 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 15 ppm 8 hour average 

(iv) Ozone 0.2 ppm 1 hour average 

(v) Nitrogen dioxide 0.6 ppm 1 hour average or 0.15 ppm 24 hour average 
AIR QUALITY 

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Effective as of November 12, 2010 

(4) Warning Stage. A Warning shall be declared by the Secretary or his designee when any one or more of the following 

pollutant levels in §B(4)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that pollutant dispersion is expected to be inhibited for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level (i) Sulfur dioxide 0.6 ppm 24 hour average 

(ii) PM10 360 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 30 ppm 8 hour average 

(iv) Ozone 0.4 ppm 1 hour average 

(v) Nitrogen dioxide 1.2 ppm 1 hour average or 0.3 ppm 24 hour average 

(5) Emergency Stage. An Emergency shall be declared by the Governor when any one or more of the following pollutant 

levels in §B(5)(c), of this regulation, is attained concurrent with: 

(a) A judgment by the Department that the pollutant level is representative of air quality in a significant portion of the 

region. The Department shall consult the air pollution control agencies of the affected jurisdictions to help evaluate local 

situations. 

(b) Meteorological conditions are such that this condition can be expected to continue for 12 or more hours. 

(c) Pollutant levels: 

Pollutant Level 

(i) Sulfur dioxide 0.8 ppm 24 hour average 

(ii) PM10 480 micrograms/cubic meter 24 hour average 

(iii) Carbon monoxide 40 ppm 8 hour average 

(iv) Ozone 0.5 ppm 1 hour average 

(v) Nitrogen dioxide 1.6 ppm 1 hour average or 0.4 ppm 24 hour average 

(6) Termination. Termination of all stages of the Air Pollution Episode System shall be called by the Secretary or his 

designee or by the Governor based on: 

(a) Consultation with the federal or Department meteorologist which indicates that the atmospheric conditions justify 

termination; and 

(b) Appropriate reduction in pollutant levels below the Alert Stage criteria. 

C. An episode condition has been reached if ambient air quality is measured to be in excess of the designated levels at any 

monitoring site in the State, except when elevated pollution levels exist in an area that may be reduced by controlling emissions 

from one or a few individual sources contributing to the condition. The localized condition shall be known as an incident, and the 

involved individual sources shall be subject to the same provisions as listed for the abatement of episodes. 

D. All episode stages may be activated on the basis of deteriorating air quality alone; that is, an atmospheric stagnation 

forecast need not be in effect. (Subject to the conditions specified in §B(2), (3), (4), and (5) of this regulation.) 

.04 Standby Emission Reduction Plans. 

A. When requested by the Department, any person responsible for the operation of an installation specifically identified in 

Table I, II, or III of this chapter shall prepare in writing, standby emission reduction plans, consistent with good industrial practice 

and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. 

Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in 

Tables I, II, and III as applicable. 
DEPARTMENT OF THE ENVIRONMENT 

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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 reduction plans, consistent with good industrial practice and safe 

operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby 

emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, 

II, and III as applicable. 

C. Standby emission reduction plans as required in §§A and B, of this regulation, shall be in writing and show the source of 

emissions, the approximate amount of reduction of emissions to be achieved, the time necessary to achieve the reduction after 

being notified to implement the plan, and a description of the manner in which the reduction will be achieved during an Alert, 

Warning, and Emergency period in accordance with the objectives set forth in Tables I, II, and III. These plans shall be submitted 

in the form specified by the Department. 

D. During a condition of Alert, Warning, or Emergency, standby emission reduction plans as required by this regulation shall 

be made immediately available on the premises to any person authorized to enforce regulations promulgated under terms of the 

Air Quality Control Act. 

E. Standby emission reduction plans as required by this regulation shall be submitted to the Department upon request within 

30 days of receipt of the request. Standby emission reduction plans shall be subject to review and approval by the Department. If, 

in the opinion of the Department, the standby emission reduction plans do not carry out the objectives set forth in Tables I, II, and 

III, the Department may disapprove of the standby emission reduction plans, state its reason for disapproval, and recommend 

specific amendments to the proposed standby emission reduction plans. The revised plans shall be resubmitted within a time 

period specified by the Department. 

F. Any person aggrieved by an order requiring the preparation of a revised plan shall be entitled to a hearing, upon written 

request filed within 10 days after the receipt of the order. When a hearing is requested by the aggrieved, it shall be held pursuant 

to Environment Article, §2-605, Annotated Code of Maryland. 

G. If any person fails to submit a standby emission reduction plan within the time period specified, or if, in the opinion of the 

Department, a submitted plan does not carry out the objectives set forth in Tables I, II, and III, the Department shall promulgate 

such standby emission reduction as will meet the objectives set forth in Tables I, II, and III. The plan shall thereafter be the 

standby emission reduction plan which the person responsible shall put into effect upon the declaration by the Secretary or the

Governor of an air pollution Alert, Warning, or Emergency. 

.05 Control Requirements and Standby Orders. 

The following are standby orders which are hereby established according to specific action stages of the Air Pollution Episode 

System which may be deemed appropriate for use by the Secretary or the Governor upon the declaration that the specified stage 

has been reached. When announced by the Secretary or the Governor, through public communications media or otherwise, that 

the specified stage of the Air Pollution Episode System exists, the following respective actions shall be taken when requested in 

the geographical areas included in the episode announcement: 

A. Standby Watch Stage and Health Advisory Stage. Specified open burning and all public insecticide and herbicide spraying 

shall cease, if so requested by the cognizant local government control officer in public announcements or otherwise. 

B. Alert Stage. 

(1) Open burning or public pesticide or herbicide spraying may not be carried on. 

(2) All on-site incineration shall be eliminated. 

(3) Any person responsible for a source of air pollution as set forth in Table I in Regulation .06 shall take all Alert Stage 

actions as required for the source of air pollution, and shall particularly put into effect the standby emission reduction plan for an 

Alert Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution Warning. 

C. Warning Stage. 

(1) Open burning or public pesticide or herbicide spraying may not be carried on. 

(2) All incineration shall be eliminated. 
AIR QUALITY 

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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 reduction plan 

for a Warning Stage. These persons shall prepare to put into effect the standby emission reduction plan for an air pollution 

Emergency. 

D. Emergency Stage. 

(1) The Governor shall announce that an air pollution Emergency has been declared and specify appropriate action to be 

taken. Radio and television stations shall be requested to repeat the declaration at least once per hour. 

(2) Open burning or public pesticide or herbicide spraying may not be carried on. 

(3) All incineration shall be eliminated. 

(4) Any person responsible for the operation of a source of air pollution as set forth in Table III in Regulation .06 shall take 

all Emergency Stage actions as specified for the source of air pollution, and shall particularly put into effect the standby emission 

reduction plans for an air pollution Emergency stage. 

(5) All manufacturing establishments except those included in §D(4) of this regulation shall institute action that will 

eliminate or result in maximum reduction of emissions from their operations by ceasing, curtailing, or postponing operations 

which cause emissions, to the extent possible without causing injury to persons or damage to equipment. 

(6) All places of business, employment, and education described below shall immediately cease operations, unless special 

permission is obtained from a police officer or a governmental public health agency: 

(a) Mining and quarrying of nonmetallic materials; 

(b) All contract construction work except that which must proceed to avoid physical harm, hazardous conditions, or 

excessive economic loss; 

(c) Wholesale trade establishments, that is, places of business primarily engaged in selling merchandise to retailers, to 

industrial, commercial, institutional, or professional users, or to other wholesalers, or agents in buying merchandise for or selling 

merchandise to those persons or companies; 

(d) All offices of federal, local, county, and State government, except to the extent that the offices must continue to 

operate in order to carry out the requirements of this plan, and those offices which provide essential services for maintenance of 

public health and safety; 

(e) All retail trade establishments except pharmacies and stores primarily engaged in the sale of foods; 

(f) Banks, credit agencies other than banks, securities and commodities brokers, dealers, exchanges and services, offices 

or insurance carriers, agents, and brokers, real estate offices; 

(g) Wholesale and retail laundries, laundry services and cleaning and drying establishments, photographic studios, beauty 

shops, barber shops, and shoe repair shops; 

(h) Advertising offices, consumer credit reporting, adjustment and collection agencies, duplicating, addressing, 

blueprinting, photocopying, mailing list, and stenographic services, equipment rental services, garages; 

(i) All wholesale and retail handling of gasoline; 

(j) Establishments rendering amusement and recreation services including motion picture theaters; 

(k) Elementary and secondary schools, colleges, universities, professional schools, junior colleges, vocational schools, 

public and private libraries; 

(l) Others deemed necessary to protect the public health and welfare and as announced by the Governor. 

(7) All aircraft shall be grounded with the exception of emergency flights. 

(8) A person may not use a motor vehicle, with the exception of emergency and governmental vehicles. Persons will be 

allowed to return to their residences from work or locations other than their residences and to make other trips essential to protect 

health and safety. 
DEPARTMENT OF THE ENVIRONMENT 

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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 shall be specified in the Governor's declaration that an air 

pollution Emergency exists and as shall be specified in other announcements made or authorized by the Governor. 

.06 Tables. 

A. Table I 

EMISSION REDUCTION OBJECTIVES FOR THE ALERT STAGE* 

Source of Emissions Alert Stage Actions 

 (1) Coal or oil-fired electrical power generating facilities (a) Substantial reduction of emissions by utilizing fuels 

having low ash and sulfur content (use gaseous fuels 

where possible) 

(b) Substantial reduction of emissions by diverting loads 

to electric power generating facilities outside of Alert 

area 

 (2) Coal or oil-fired steam producing facilities having a capacity to 

burn in excess of 4 tons (3630 kilograms) of coal per hour or 600 

gallons (2.34 cubic meters) of fuel oil per hour 

(a) Substantial reduction of emissions by utilization of 

fuels having low ash and sulfur content (use gaseous 

fuels where possible) 

(b) Substantial reduction of steam load demands 

consistent with continuing plant operations 

 (3) Manufacturing industries of the following classification which 

employ 

more than 20 employees at any one location: 

 Standard Industrial Classification, Major Groups 

 26 Paper and allied products industry 

 28 Chemical and allied products industry 

 29 Petroleum refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Substantial reduction of emissions from 

manufacturing operations by curtailing, postponing, or 

deferring production and allied operations 

(b) Substantial reduction of emissions by deferring byproduct or trade waste disposal processes which emit air 

pollution 

(c) Substantial reduction of heat load demands 

 (4) On-site incineration Stop all incineration except that resulting from public 

collection of refuse 

 (5) Any source of air pollutants, not covered above, upon written 

request of 

the Department may be required to submit standby plans describing 

emission cutbacks to be taken if an Alert is called 

All possible substantial reductions consistent with 

requirements for safety of people and preservation of 

property 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions, and will 

be instituted only when the Alert stage is called for these pollutants, unless otherwise specified in a specific emission reduction plan. emission reduction plan. 

B. Table II 

EMISSION REDUCTION OBJECTIVES FOR THE WARNING STAGE* 

Source of Emissions Warning Stage Actions 

 (1) Coal or oil-fired electrical power generating facilities (a) Maximum reduction of emissions to provide essential 

power needs by utilization of fuels having lowest ash and 

sulfur content (use gaseous fuels where possible) 

(b) Maximum reduction of emissions by diverting electric 

power generation to facilities outside of Warning area 
AIR QUALITY 

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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 refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Maximum reduction of emissions by utilization fuels 

having the lowest available ash and sulfur content (use 

gaseous fuels where possible) 

(b) Maximum reduction of heat and steam demands to 

absolute necessities consistent with preventing equipment 

damage 

(c) Make ready for emergency action if Emergency stage 

declared 

 (4) Refuse incinerators Complete elimination of the use of all incinerators 

 (5) Any source of air pollutants, not covered above, upon 

written request of the Department may be required to submit 

standby plans describing emission cutbacks to be taken if an 

Alert is called 

Maximum reduction possible consistent with requirements 

for safety of people and preservation of property 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions, and will 

be instituted only when the Warning stage is called for these pollutants, unless otherwise specified in a specific emissions reduction plan. 

C. Table III 

EMISSION REDUCTION OBJECTIVES FOR THE EMERGENCY STAGE* 

Source of Emissions Emergency Stage Actions 

 (1) Coal or oil-fired electric power generating facilities (a) Maximum reduction of emissions to provide essential power 

needs by utilization of fuels having lowest ash and sulfur content (use 

gaseous fuels where possible) 

(b) Maximum reduction of emissions by diverting electric power 

generation to facilities outside of Emergency area 

 (2) Coal or oil-fired steam producing facilities having a 

capacity to burn in excess 4 tons (3630 kilograms) of coal 

per hour or 600 gallons (2.34 cubic meters) of fuel oil per 

hour 

(a) Maximum reduction of heat and steam demands to absolute 

necessities consistent with preventing equipment damage 

(b) Take actions called for in the Emergency portions of the standby 

emission reduction plan 

 (3) Manufacturing industries of the following 

classification which employ more than 20 employees at 

any one location: 

 Standard Industrial Classification, Major Groups 

 26 Paper and allied products industry 

 28 Chemical and allied products industry 

 29 Petroleum refining and related industry 

 32 Glass, clay, and concrete products 

 33 Primary metal industry 

(a) Elimination of emissions from manufacturing operations by 

ceasing, curtailing, postponing, or deferring production and allied 

operations to the extent possible without causing injury to persons or 

damage to equipment 

(b) Elimination of emissions from by-product or trade waste disposal 

processes which emit air pollution 

c) Maximum reduction of heat load demand 

 (4) Refuse incinerators Complete elimination of the use of all incinerators 

 (5) All standby emission reduction plans required by the 

Department and not already in effect or described above, 

shall be implemented 

* Actions specified under source of emissions categories 1, 2, 3, and 4 are primarily for control of particulate matter and/or oxides of sulfur emissions and will 

be instituted only when the Emergency stage is called for these pollutants, unless otherwise specified in a specific emissions reduction plan. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

Administrative History 

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

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

Tables codified as Regulation .06 

—————— 

Chapter recodified from COMAR 10.18.05 to COMAR 26.11.05 

Regulation .01 amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .02B, C amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03A amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03B amended effective March 21, 1989 (16:3 Md. R. 347); June 18, 1990 (17:9 Md. R. 1092) 

Regulation .03D amended effective June 18, 1990 (17:9 Md. R. 1092) 

Regulation .05 amended effective June 18, 1990 (17:9 Md. R. 1092) 
26.11.06 Page 1 

Effective as of July 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, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Installation", for the purpose of Regulation .06 of this chapter, means an installation as defined in COMAR 26.11.01.01 

that can operate independently and that causes VOC emissions to the atmosphere. If equipment at a premises does not operate 

independently but operates as part of a process line, the process line is considered to be the installation. 

(2) "Process line" means a combination of equipment that operates as a unit to perform a specific function, which either 

generates VOC or to which VOC is added, and which discharges VOC to the atmosphere through one or more discharge points. 

.02 Visible Emissions. 

A. General Exceptions. 

(1) The visible emission standards set forth in §C of this regulation, do not apply to emissions from the installations or 

sources listed below: 

(a) The burning of wood in fireplaces; 

(b) Open fires (except salamanders) permitted under provisions of COMAR 26.11.07.03, .04, and .05; 

(c) Fugitive emissions from iron and steel production installations in compliance with COMAR 26.11.10.03B; 

(d) Fugitive emissions from metallurgical, slot-type, byproduct coke ovens in compliance with COMAR 26.11.10.03C; 

(e) Emissions from grain drying and grain-handling installations in compliance with COMAR 26.11.18.03; 

(f) Fugitive emissions from skull cracker oxygen lancing in compliance with COMAR 26.11.10.04C; 

(g) Fugitive emissions from batch-type hot-dip galvanizing installations in compliance with COMAR 26.11.12.04; 

(h) Confined emissions from glass melting furnaces and fugitive emissions from forming and post-forming equipment in 

compliance with COMAR 26.11.25.03; 

(i) Emissions from food preparation installations subject to COMAR 26.11.18.06; 

(j) Emissions at a federal facility or other facility under contract with a federal facility that result from testing, training, or 

demonstrations of explosives, obscurant materials, propellants, or other incendiary devices; or 

(k) Sources in compliance with Regulation .03C and D of this chapter. 

(2) The visible emissions standards in §C of this regulation do not apply to emissions during start-up and process 

modifications or adjustments, or occasional cleaning of control equipment, if: 

(a) The visible emissions are not greater than 40 percent opacity; and 

(b) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period. 

B. Case-by-Case Exception to Visible Emissions Standards. 

(1) Except as provided in §B(5) of this regulation, a person who owns or operates an existing installation subject to a visible

emissions standard in §C of this regulation may request an exception. The request shall be submitted to the Department in writing 

and shall include the following: 

(a) A description of the installation and all associated air pollution control devices; 

(b) Process information, including operating parameters and the substances that cause or the substances that are 

suspected of causing the visible emissions; 
DEPARTMENT OF THE ENVIRONMENT 

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(c) A demonstration, based on stack tests, a material balance, or other method of equivalent certainty that all other 

applicable regulations are met when the visible emissions occur; 

(d) An analysis of any methods that may be available to reduce the visible emissions, the cost effectiveness of the 

methods, and the economic burden that would result from the use of these methods; and 

(e) Any other information requested by the Department and relating to its determination to grant or deny an exception. 

(2) The application for an exception to a visible emissions standard will be processed as follows: 

(a) Within 10 working days, the Department will acknowledge receipt of an application for an exception to a visible 

emissions standard. 

(b) Within 60 days after receipt of a completed application, the Department shall notify the applicant of its intent to 

proceed with the application or deny the request. The Department will make a determination to proceed if the conditions in 

§B(2)(c)(i)—(iii) and (d) of this regulation are met. 

(c) Conditions. 

(i) The applicant has provided an adequate demonstration that the installation for which a visible emissions exception 

is requested meets all other applicable air pollution control requirements within this subtitle when the visible emissions occur. 

(ii) The applicant has demonstrated to the satisfaction of the Department that complying with the applicable visible 

emission standard would cause an unreasonable economic burden. 

(iii) The applicant has demonstrated to the satisfaction of the Department that the applicant has sufficient control of 

the installation to be capable of meeting an alternative visible emission limit established by the Department. 

(d) Test Methods. A person shall demonstrate compliance with all other applicable regulations, as required by §B(1)(c) 

of this regulation, through the use of: 

(i) Applicable federally approved test methods in the Department's TM 91-01 "Test Methods and Equipment 

Specifications for Stationary Sources", which is incorporated by reference in COMAR 26.11.01.04C; or 

(ii) Other compliance methods required under this subtitle that are federally enforceable. 

(e) Test Methods for Visible Emissions. Compliance with any visible emissions or opacity standard in this subtitle, 

including any alternative opacity standard established pursuant to this section, shall be determined using applicable federally

approved test methods in the Department's TM 91-01 "Test Methods and Equipment Specification for Stationary Sources", which 

is incorporated by reference in COMAR 26.11.01.04C, or any other applicable federally approved test method. 

(3) Opportunity for Public Comment. 

(a) Within 10 days after notification by the Department of a determination to proceed, the applicant shall notify the 

public, by local notice and by prominent advertisement in at least one newspaper of general circulation in the region where the

applicant's source is located, of the opportunity to comment on the application. 

(b) The advertisement shall be made at the applicant's expense and in a format approved by the Department, and shall 

include a summary of all the information in the application that was considered by the Department. 

(4) Final Action on a Request for an Application. 

(a) The Department will make a final determination on the application after considering any public comments. 

(b) If an exception is granted, the Department will issue an order which establishes an alternative opacity standard 

applicable to the installation receiving the exception. The order may also include any conditions or requirements determined by

the Department to be necessary to insure continuous compliance with the alternative standard. 

(c) Exceptions may not be granted for a period of more than 5 years and may be renewed. In requesting a renewal of a 

visible emissions exception, the applicant shall submit an application and satisfy all the requirements in this regulation that relate 

to an initial exception request, including the opportunity for public comment required in §B(3) of this regulation. 

(5) The Department or control officer may bypass the procedure above and may grant exceptions to visible emission 

requirements if the: 
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(a) Application of a visible emission requirement to a residential building housing two or fewer families creates undue 

economic hardship on individuals residing in it; or 

(b) Equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced 

hot air, hot water, or steam. Equipment in this category would include stoves, room heaters, floor or wall-mounted circulating 

heaters, or similar devices. 

C. Visible Emission Standards. 

(1) In Areas I, II, V, and VI a person may not cause or permit the discharge of emissions from any installation or building, 

other than water in an uncombined form, which is greater than 20 percent opacity. 

(2) In Areas III and IV a person may not cause or permit the discharge of emissions from any installation or building, other 

than water in an uncombined form, which is visible to human observers. 

.03 Particulate Matter. 

A. Calculations. All calculations of particulate matter emissions shall be made in terms of grains per standard cubic foot 

(milligrams per standard cubic meter) of dry exhaust gas (gr/SCFD) (mg/dscm). 

B. Particulate Matter from Confined Sources. 

(1) Areas I, II, V and VI. 

(a) Installations Constructed On or After January 17, 1972. A person may not cause or permit particulate matter to be 

discharged from any installation constructed on or after January 17, 1972 in excess of 0.05 gr/SCFD (115 mg/dscm). 

(b) Installations Constructed Before January 17, 1972. 

(i) A person may not cause or permit particulate matter to be discharged from any installation constructed before 

January 17, 1972 in excess of the values determined from Table 1. When the process weight per hour falls between two values in 

the table, the maximum weight discharged per hour shall be determined by linear interpolation. When the process weight exceeds 

60,000 pounds (27,200 kilograms) per hour, the maximum allowable weight discharged per hour will be determined by use of the 

following equation: 

E = 55.0 P0.11—40 E = 11.79 P0.11—18.14 

E = Maximum weight discharged

per hour (lbs) 

E = maximum weight discharged 

per hour (kg) 

P = process weight in tons 

per hour 

P = process weight in kilograms 

per hour 

 (ii) For those processes in which the process weight per hour exceeds 60,000 pounds (27,200 kilograms), the 

maximum allowable weight of particulate matter discharged per hour may exceed that calculated by the above equation provided 

that the concentration of particulate matter in the gases discharged to the atmosphere is less than 0.05 gr/SCFD (115 mg/dscm).

(c) Exception. For any premises for which the Department determines that compliance with §B(1)(a) will cause or 

exacerbate a violation of the National Ambient Air Quality Standards or Federal Prevention of Significant Deterioration 

increments, the applicable emission standard is 0.03 gr/SCFD (68.7 mg/dscm). 

(2) Areas III and IV. 

(a) A person may not cause or permit to be discharged into the outdoor atmosphere from any other installation, 

particulate matter in excess of 0.03 gr/SCFD (68.7 mg/dscm). 

(b) Exceptions. Section B(2)(a) does not apply to the following: 

(i) Iron and steel production installations; 

(ii) Glass melting furnaces in compliance with COMAR 26.11.25. 

C. Particulate Matter from Unconfined Sources. 
DEPARTMENT OF THE ENVIRONMENT 

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(1) A person may not cause or permit emissions from an unconfined source without taking reasonable precautions to 

prevent particulate matter from becoming airborne. These reasonable precautions shall include, when appropriate as determined 

by the Department, the installation and use of hoods, fans, and dust collectors to enclose, capture, and vent emissions. In making 

this determination, the Department shall consider technological feasibility, practicality, economic impact, and the environmental 

consequences of the decision. 

(2) Exceptions. The following are exempt from the provisions of §C(1): 

(a) Iron and steel production installations which are subject to COMAR 26.11.10.04B and C; 

(b) Grain drying and grain handling installations; 

(c) Batch-type hot-dip galvanizing installations which are subject to COMAR 26.11.12. 

D. Particulate Matter from Materials Handling and Construction. A person may not cause or permit any material to be 

handled, transported, or stored, or a building, its appurtenances, or a road to be used, constructed, altered, repaired, or demolished 

without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall 

include, but not be limited to, the following when appropriate as determined by the control officer: 

(1) Use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction 

operations, the grading of roads, or the clearing of land. 

(2) Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stockpiles, and other surfaces which can

create airborne dusts. 

(3) Installation and use of hoods, fans, and dust collectors to enclose and vent the handling of dusty materials. Adequate 

containment methods shall be employed during sandblasting of buildings or other similar operations. 

(4) Covering, at all times when in motion, open-bodied vehicles transporting materials likely to create air pollution. 

Alternate means may be employed to achieve the same results as would covering the vehicles. 

(5) The paving of roadways and their maintenance in clean condition. 

(6) The prompt removal from paved streets of earth or other material which has been transported there by trucks or earth 

moving equipment or erosion by water. 

.04 Carbon Monoxide in Areas III and IV. 

A. Applicability and Exceptions. 

(1) This regulation is applicable only in Areas III and IV. 

(2) This regulation applies to any person who owns or operates any installation that discharges carbon monoxide gas at a 

rate exceeding 500 pounds (227 kilograms) per day and at a concentration exceeding 12 percent by volume. 

(3) This regulation does not apply to any person who owns or operates: 

(a) Coking process equipment used directly in the manufacture of metallurgical coke by the pyrolysis of coal in the 

absence of air; 

(b) Process equipment subject to COMAR 26.11.11.04B; or 

(c) Installations subject to COMAR 26.11.10.06. 

(4) A person is exempt from the requirements of this regulation if he demonstrates to the satisfaction of the Department that 

the: 

(a) Gas mixture containing the carbon monoxide will not support combustion due to the presence of noncombustible 

gases; and 

(b) Carbon monoxide emissions will not cause or contribute to a violation of the National Ambient Air Quality Standard 

or Prevention of Significant Deterioration requirement for carbon monoxide. 

B. General Requirements. 

(1) A person may not cause or permit the discharge of carbon monoxide gas into the atmosphere from any installation 

unless it is burned in a direct flame afterburner with excess oxygen for at least 0.3 second at a temperature of at least 1,300°F. 
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(2) The direct flame afterburner shall be equipped with a properly functioning recording pyrometer located and positioned 

in the work area so that it is readily visible to the operator of the installation. 

.05 Sulfur Compounds from Other than Fuel-Burning Equipment. 

A. General Conditions. All calculations of emissions governed by this regulation shall be adjusted to standard conditions and 7

percent oxygen. "PPM" means parts per million by volume. 

B. Areas I, II, V and VI. 

(1) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing more than 500 ppm of sulfur dioxide. Installations constructed before January 17, 1972, are limited 

to not more than 2,000 ppm sulfur dioxide. 

(2) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing sulfuric acid, sulfur trioxide, or any combination of them greater than 35 milligrams per cubic 

meter reported as sulfuric acid. Any installation constructed before January 17, 1972, is limited to not more than 70 milligrams 

per cubic meter of sulfuric acid, sulfur trioxide, or any combination of them, reported as sulfuric acid. 

C. Areas III and IV. 

(1) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing more than 500 ppm of sulfur dioxide. Installations constructed before February 21, 1971, are 

limited to not more than 2,000 ppm sulfur dioxide. 

(2) A person may not cause or permit the discharge into the atmosphere from installations other than fuel-burning 

equipment of gases containing sulfuric acid, sulfur trioxide, or any combination of them, greater than 35 milligrams per cubic 

meter reported as sulfuric acid. Any installation constructed before February 21, 1971, is limited to not more than 70 milligrams 

per cubic meter of sulfuric acid, sulfur trioxide, or any combination of them, reported as sulfuric acid. 

D. Exceptions. The Secretary may authorize the operation of a scavenger or recovery plant to reclaim sulfur compounds which 

would otherwise be emitted into the air, provided the operation of the scavenger or recovery plant would reduce total emissions of 

sulfur compounds at least 95 percent with the plant in operation, compared to emissions when the plant is not operating. This 

authorization may result in emissions of sulfur compounds whose concentrations exceed those permitted by §§B and C of this 

regulation. This section does not apply to sulfuric acid manufacturing operations. 

.06 Volatile Organic Compounds. 

A. Applicability. 

(1) The provisions of this regulation do not apply to the following: 

(a) Tar heaters; 

(b) Coke ovens; 

(c) Operations subject to the provisions of COMAR 26.11.08, 26.11.09, 26.11.11, 26.11.13, and 26.11.19.02G; 

(d) Installations or sources that are subject to COMAR 26.11.19, beginning with Regulation .03; and 

(e) Installations subject to an emissions limitation which specifies the lowest achievable emission rate for VOC under 

COMAR 26.11.17.03B(2). 

(2) The requirements of §B of this regulation apply to any person that discharges or causes to be discharged VOC with a 

vapor pressure greater than 0.002 pound per square inch (0.013 kilonewton/square meter) absolute. 

B. Control of VOC from Installations. 

(1) The following requirements apply in Baltimore City and Anne Arundel, Baltimore, Carroll, Harford, Howard, 

Montgomery, and Prince George's counties: 

(a) Installations Constructed Before May 12, 1972. A person may not cause or permit the discharge of VOC from any 

installation constructed before May 12, 1972 in excess of 200 pounds (90.7 kilograms) per day unless the discharge is reduced by 

85 percent or more overall. 
DEPARTMENT OF THE ENVIRONMENT 

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(b) Installations Constructed On or After May 12, 1972. Except as provided in §E of this regulation, a person may not 

cause or permit the discharge of VOC from any installation constructed on or after May 12, 1972, in excess of 20 pounds (9.07 

kilograms) per day unless the discharge is reduced by 85 percent or more overall. 

(2) The following requirements apply in Calvert, Cecil, Charles, and Frederick counties: 

(a) Installations Constructed Before November 15, 1992. A person may not cause or permit the discharge of VOCs from 

any installation constructed before November 15, 1992 in excess of 200 pounds (90.7 kilograms) per day unless the discharge is 

reduced by 85 percent or more overall. 

(b) A person who owns or operates an existing installation that is not in compliance with §B(2)(a) of this regulation shall 

submit a plan for compliance for approval by the Department. The plan for compliance shall be submitted not later than April 15, 

1993 and include an expeditious schedule of compliance so that compliance is achieved not later than May 15, 1995. 

(c) Installations Constructed On or After November 15, 1992. Except as provided in §E of this regulation, a person may 

not cause or permit the discharge of VOC from any installation constructed on or after November 15, 1992 in excess of 20 pounds

(9.07 kilograms) per day unless the discharge is reduced by 85 percent or more overall. 

(3) Compliance with §B(1) and (2) of this regulation may be achieved by the following: 

(a) Use of an air pollution control system that is demonstrated to achieve 85 percent overall control, using approved test 

methods as referenced in COMAR 26.11.19; 

(b) Use of waterborne materials that have a total VOC content of less than 25 percent by volume as applied; or 

(c) Other operating or production limitations or process modifications that maintain emissions below the applicable limits 

established in §B(1) and (2) of this regulation. 

C. VOC-Water Separators. A person may not cause or permit the discharge of VOC from single or multiple compartment 

VOC-water separators that receive effluent water containing 200 gallons (757 liters) of VOC or more per day with a true vapor 

pressure of 1.5 psi (10 kilonewtons/square meter) or greater unless one or more of the following vapor control devices are 

properly installed and operated: 

(1) A floating roof resting on the surface of the liquid equipped with a closure seal, or seals, to close the space between the

roof edge and tank wall. All tank gauging and sampling devices shall be gas tight except when in use. 

(2) A vapor recovery system capable of collecting the VOC emitted from the tank and disposing of the VOC so as to 

prevent discharge to the atmosphere. All tank gauging and sampling devices shall be gas tight except when in use. 

(3) Other equally effective devices as approved by the Department. 

D. VOC Disposal. 

(1) Applicability and Exemptions. 

(a) This section applies to any person that disposes of or treats waste containing VOC in the outside atmosphere in a 

manner that may cause evaporation of greater than 20 pounds per day. 

(b) This section does not apply to: 

(i) The operation of a municipal waste water treatment plant; and 

(ii) The disposal of waste in a landfill in accordance with the requirements established by the Waste Management 

Administration. 

(2) General Requirements. A person may not treat or dispose of waste containing VOC in a manner that results in 

evaporation of greater than 20 pounds per day VOC to the atmosphere. 

E. Exceptions. 

(1) A person who proposes to construct an installation that is not subject to NSR Source requirements in COMAR 26.11.17 

and who is unable to comply with the requirements of §B(2) of this regulation, may request an exception from the Department. 

(2) A person may request an exception under this section by submitting an application to the Department in writing. A 

completed application for an exception shall include the following: 

(a) A detailed description of the proposed installation and any associated air pollution control devices; 
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(b) A description of the intended use of the installation, its maximum rated capacity, and the capacity for which a permit 

is requested, if different from the maximum rated capacity; 

(c) A description of VOC emission points and an estimate of the VOC emissions from each emission point, along with 

calculations and supporting data; 

(d) A description of the air pollution control methods or equipment that may be available to achieve compliance with 

§B(2) of this regulation, the cost of the equipment or control methods, and information showing why the control methods are not

reasonable for this installation; 

(e) A description of the operating procedures, production rate controls, or other methods that shall be used to meet an 

alternative VOC emission standard if an exception is granted; and 

(f) Other information that is requested by the Department and that relates to the Department's determination to grant or 

deny an exception to the requirements of §B(2) of this regulation. 

(3) The Department may grant an exception to §B(2) of this regulation if it determines that: 

(a) Control methods, if any, necessary to meet the requirements of §B(2) are not reasonable for the installation; 

(b) The applicant has the ability to operate and maintain the equipment and has the production controls necessary to meet 

the alternative VOC emission standard established by the Department instead of the requirements of §B(2); and 

(c) Emissions from the installation will not interfere with reasonable further progress as defined in Regulation .11A(2) of 

this regulation if the exception is granted. 

(4) Procedures to be Used to Process an Application for an Exception and to Establish an Alternative Emission Standard. 

(a) The Department will acknowledge receipt of an application for an exception within 10 working days after receiving 

the application. 

(b) Not later than 90 days after receiving a completed application for an exception, the Department will complete its 

review and either: 

(i) Deny the request for an exception because it does not meet the requirements of §E(3) of this regulation; or 

(ii) Make a determination to proceed with the exception and establish an alternative VOC emission standard in 

accordance with the procedures in §E(4)(c)—(h) of this regulation. 

(c) A determination to proceed with the exception will be proposed as a departmental order and permit to construct 

setting forth the alternative VOC emission standard, including any conditions determined by the Department to be necessary. 

(d) An applicant who is aggrieved by the Department's determination may request a contested case hearing before the 

Department. Any hearing under this paragraph will be held in accordance with the State Administrative Procedure Act. 

(e) If the applicant does not request reconsideration of the Department's determination to proceed with an exception, the 

Department will schedule a public hearing on the exception. The applicant shall publish a prominent advertisement in at least one 

newspaper of general circulation in the area concerned notifying the public of the hearing. The notice shall be made at the 

applicant's expense and in a form stipulated by the Department. 

(f) The notice shall be placed not later than 10 days after the Department makes its determination to proceed with the 

exception and at least 30 days before the scheduled hearing. 

(g) The hearing required by §E(4)(e) of this regulation satisfies the requirement for an opportunity for public comment or 

hearing on the permit to construct application under COMAR 26.11.02.09—.14. 

(h) If no information is presented at the hearing that would affect the issuance of the exception, and if the Department has 

no other basis for denying the exception, the Order and the permit will be issued not later than 10 days after the conclusion of the 

hearing. 

(5) The Department shall submit an exception to the U.S. Environmental Protection Agency for approval as a revision to the 

State Implementation Plan. 

.07 Control of Sources of Fluoride Emissions. 

A. Definitions. 
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Effective as of July 08, 2013 

(1) "Anode bake plant" means a facility which produces carbon anodes for use in a primary aluminum production plant. 

(2) "Potline" means a building or buildings which contain potrooms with electrolytic cells electrically in series. 

(3) "Potroom" means a group of electrolytic cells in which aluminum is produced. 

(4) "Primary aluminum production plant" means a facility manufacturing aluminum by electrolytic reduction. 

(5) "Total fluoride" means elemental fluorine and all fluoride compounds measured by the Department's procedures 

referenced in this regulation. 

B. Control of Sources of Fluoride Emissions. 

(1) General Requirements. 

(a) A person may not cause or permit the discharge of fluorides into the atmosphere that causes a violation of any 

applicable ambient air quality standards for fluorides set forth in COMAR 26.11.04. 

(b) The Department, after written notice to a person discharging fluorides to the atmosphere, may require the person to 

conduct a surveillance program to determine whether ambient air quality standards for fluorides are violated. The manner, scope, 

and duration of the surveillance program will be determined by the Department. 

(c) The procedures for measuring total fluorides shall be Method 1010 of the Department's Technical Memorandum 91-

01, "Test Methods and Equipment Specifications for Stationary Sources" (January 1991), which is incorporated by reference in 

COMAR 26.11.01.04C. 

(2) Emission Standards for Primary Aluminum Production Plants. A person may not cause or permit the operation of any 

primary aluminum production plant unless the plant is equipped with a control system to achieve the following emission 

standards: 

(a) Potline Emissions. The amount of total fluorides discharged from all potlines may not exceed a quarterly average of 

2.5 pounds per ton of aluminum produced as determined by the procedures in §C of this regulation. 

(b) Anode Bake Plant Emissions. The amount of total fluorides discharged from an anode bake plant may not exceed a 

quarterly average of 0.1 pound per ton of aluminum produced as determined by the procedures in §C of this regulation. 

C. Testing and Determination of Compliance. 

(1) Testing Requirements. 

(a) All testing shall be conducted in accordance with the procedures established in COMAR 26.11.01.04C. 

(b) Potline dry scrubber control systems shall be tested at a frequency of at least one stack per dry scrubber per month. 

Each stack on a dry scrubber control system shall be tested at least once within any 6-month period. 

(c) Emissions from the potroom roof monitors shall be tested at a frequency of at least two emission points per potroom 

per month. The emission points to be tested within each potroom shall be alternated each quarter until all emission points are 

tested and then the procedure repeated. 

(d) The anode bake oven control system stack shall be tested once per quarter. 

(2) Determination of Compliance for Primary Aluminum Production Plants. Compliance with the requirements of §B(2)(a) 

of this regulation shall be determined as follows: 

 d(af + bs) 

 TF= ---------- where: 

 C 

(a) TF = total plant potline emissions of total fluoride in pounds of fluorides per ton of aluminum produced per quarter; 

(b) d = number of days of operation per quarter; 

(c) a = the average of the dry scrubber emission rates for all potlines in pounds/day as determined using Method 14 of 

Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

(d) f = the average number of dry scrubbers in use for all potlines during the quarter; 
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(e) b = the average rate of emissions of the roof monitor emission points for all potlines in use during the quarter in 

pounds/day as determined using Method 14 of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods 

and Equipment Specifications for Stationary Sources" (January 1991), which is incorporated by reference in COMAR 

26.11.01.04C; 

(f) s = the average number of roof monitor emission points in use for all potlines during the quarter; 

(g) C = the total tons of aluminum produced by all potlines during the quarter. 

D. Maintenance of Records. 

(1) The owner or operator of a primary aluminum production plant shall submit to the Department within 60 days following 

the effective date of this regulation a procedure describing the method of determining aluminum production. 

(2) All data pertaining to the surveillance program required by §B(1) of this regulation shall be submitted to the Department 

in a manner and schedule approved by the Department. Stack testing data for total fluorides as required by §C(1) of this 

regulation shall be maintained and made available to the Department upon request. 

.08 Nuisance. 

An installation or premises may not be operated or maintained in such a manner that a nuisance or air pollution is created. 

Nothing in this regulation relating to the control of emissions may in any manner be construed as authorizing or permitting the

creation of, or maintenance of, nuisance or air pollution. 

.09 Odors. 

A person may not cause or permit the discharge into the atmosphere of gases, vapors, or odors beyond the property line in such 

a manner that a nuisance or air pollution is created. 

.10 Refuse Burning Prohibited in Certain Installations. 

A person may not burn refuse in any plant, installation, or equipment not specifically designed, constructed, or modified for 

that purpose. 

.11 Repealed. 

.12 Control of NSPS Sources. 

A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a New Source Performance 

Standard (NSPS) source as defined in COMAR 26.11.01.01B(23), which results or will result in violation of the provisions of 40 

CFR 60, as amended. 

.13 Repealed. 

.14 Control of PSD Sources. 

A. Definition. 

(1) In the following provisions, "Administrator" has the meaning set forth in §A(2) of this regulation: 

(a) 40 CFR §52.21(b)(3)(iii)(a), (17), (37)(i) and (iii), (43), (48)(ii), (50)(i), (51); 

(b) 40 CFR §52.21(g)(1),(2),(4),(5),and (6); 

(c) 40 CFR §52.21(i)(1)(x); 

(d) 40 CFR §52.21(l)(2); 

(e) 40 CFR §52.21(o)(3); 

(f) 40 CFR §52.21(p)(1) and (2); 

(g) 40 CFR §52.21(s); 

(h) 40 CFR §52.21(t); and 

(i) 40 CFR §52.21(u)(1)(3) and (4). 

(2) Term Defined. "Administrator" means the Administrator of the United States Environmental Protection Agency. 

B. General Requirements. 
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(1) A person may not construct, modify, or operate, or cause to be constructed, modified, or operated, a Prevention of 

Significant Deterioration (PSD) source, as defined in COMAR 26.11.01.01B(37), which will result in violation of any provision 

of 40 CFR §52.21, as amended. 

(2) The reviewing authority is the Department instead of the Administrator unless otherwise specified in 40 CFR §52.1116, 

and the applicable procedures are those set forth in COMAR 26.11.02. 

.15 Nitrogen Oxides from Nitric Acid Plants. 

A person may not cause or permit the discharge into the atmosphere from any nitric acid plant, nitrogen oxides in excess of 3 

pounds per ton (1.50 kilograms per 1000 kilograms) of acid (100 percent basis) produced. 

.16 Tables. 

Table 1 

Maximum Allowable Weight of Particulate Matter 

Discharged Per Hour

Process 

Wt/hr 

(lbs) 

Maximum

Weight

Disch/hr

(lbs) 

Process

Wt/hr

(lbs)

Maximum

Weight

Disch/hr

(lbs) 

Process

Wt/hr

(lbs)

Maximum

Weight

Disch/hr

(lbs) 

50 or less 0.24 1900 4.03 4700 6.45 

100 0.46 2000 4.14 4800 6.52 

150 0.66 2100 4.24 4900 6.60 

200 0.85 2200 4.34 5000 6.67 

250 1.03 2300 4.44 5500 7.03 

300 1.20 2400 4.55 6000 7.37 

350 1.35 2500 4.64 6500 7.71 

400 1.50 2600 4.74 7000 8.05 

450 1.63 2700 4.84 7500 8.39 

500 1.77 2800 4.92 8000 8.71 

550 1.89 2900 5.02 8500 9.03 

600 2.01 3000 5.10 9000 9.36 

650 2.12 3100 5.18 9500 9.67 

700 2.24 3200 5.27 10000 10.00 

750 2.34 3300 5.36 11000 10.63 

800 2.43 3400 5.44 12000 11.28 

850 2.53 3500 5.52 13000 11.89 

900 2.62 3600 5.61 14000 12.50 

950 2.72 3700 5.69 15000 13.13 

1000 2.80 3800 5.77 16000 13.74 

1100 2.97 3900 5.85 17000 14.36 

1200 3.12 4000 5.93 18000 14.97 

1300 3.26 4100 6.01 19000 15.58 

1400 3.40 4200 6.08 20000 16.19 

1500 3.54 4300 6.15 30000 22.22 

1600 3.66 4400 6.22 40000 28.30 

1700 3.79 4500 6.30 50000 34.30 

1800 3.91 4600 6.37 60000 * 40.00 

—————— 

Relates to Regulation .03B. 

*Process weight in excess governed by equation presented in 

Regulation .03B(2). 
AIR QUALITY 

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Effective as of July 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

* 18.14 
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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 effective June 8, 1981 (8:9 Md. R. 800) 

Regulation .02 amended effective December 3, 1984 (11:22 Md. R. 1899) 

Regulation .02C amended effective January 5, 1988 (14:24 Md. R. 2555) 

Regulations .02D amended effective October 10, 1981 (8:18 Md. R. 1480); February 10, 1984 (10:26 Md. R. 2341) 

Regulation .03B amended effective October 10, 1981 (8:18 Md. R. 1480); July 2, 1985 (12:11 Md. R. 1049) 

Regulation .03C amended effective October 10, 1981 (8:18 Md. R. 1480 

Regulation .03D amended effective January 5, 1988 (14:24 Md. R. 2555) 

Regulation .04 repealed and new Regulation .04 adopted effective January 5, 1988 (14:24 Md. R. 2555) 

Regulation .06A repealed effective June 8, 1981 (8:9 Md. R. 800) 

Regulation .06 repealed and new Regulation .06 adopted effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .06A amended effective August 19, 1984 (11:14 Md. R. 1250) 

Regulation .06B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .06E adopted effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .07 repealed and new Regulation .07 adopted effective February 10, 1984 (10:26 Md. R. 2341) 

Regulation .07C amended effective July 2, 1985 (12:11 Md. R. 1049) 

Regulation .11D amended effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .12 amended effective June 8, 1981 (8:9 Md. R. 800); August 16, 1983 (10:14 Md. R. 1263); December 3, 1984 (11:22 Md. R. 1899); October 14, 

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

Regulation .13 amended effective June 8, 1981 (8:9 Md. R. 800); repealed effective February 25, 1983 (10:1 Md. R. 30) 

Regulation .14 adopted effective July 10, 1981 (8:11 Md. R. 974) 

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

Tables codified as Regulation .16 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.06 to COMAR 26.11.06 

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

Regulation .02A amended effective August 11, 1997 (24:16 Md. R. 1160); November 11, 2002 (29:22 Md. R. 1724); November 24, 2003 (30:23 Md. R. 1653) 

Regulation .02B amended effective July 3, 1995 (22:13 Md. R. 969) 

Regulation .02C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .03C amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .05A amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .05B, C amended effective September 22, 1997 (24:19 Md. R. 1343) 

Regulation .06A amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726); June 30, 1997 (24:13 Md. R. 932) 

Regulation .06B amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726) 

Regulation .06E amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724); May 8, 1995 (22:9 Md. R. 648) 

Regulation .07B amended effective February 17, 1992 (19:3 Md. R. 306); February 15, 1993 (20:3 Md. R. 260) 

Regulation .07C amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) 

Regulation .11 amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688) 

Regulation .11 repealed effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .12 amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 

1994 (21:12 Md. R. 1064); June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); November 

24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1521); October 8, 2007 (34:20 Md. R. 1741); March 5, 2012 (39:4 Md. R. 339) 

Regulation .14 amended effective March 21, 1989 (16:3 Md. R. 347); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 1994 

(21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 

(28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); June 16, 2008 (35:12 Md. R. 1121); July 16, 2009 (36:14 Md. R. 985)

Regulation .14B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 

617) 

Regulation .14B amended effective March 5, 2012 (39:4 Md. R. 339); July 8, 2013 (40:13 Md. R. 1076) 
26.11.07 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 07 Open Fires 

Authority: Environment Article, Title 2, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Excessive lodging" means a condition of farmland where embedding of the previous crop causes the normal use of 

harvesting, tillage, or planting equipment to be impossible or impracticable. 

(2) "Forest resource management practices" means the technical application of scientific objectives that conserve, protect, 

and enhance the quality, quantity, productivity, and biological diversity of the forest resources of Maryland. 

(3) "Open fire" means a fire where any material is burned in the open or in a receptacle other than a furnace, incinerator, or 

other equipment connected to a stack or chimney. 

(4) "Public collection of refuse" means the service provided by any governmental agency or commercial enterprise for the 

pickup on a regularly scheduled basis of refuse from groups of individual homes, businesses, apartment buildings, or other 

establishments. 

(5) "Safety determinations" means the testing, training, or demonstrations with explosives, propellants, incendiaries, or 

military devices involving an open flame. 

.02 General. 

A person may not cause or permit an open fire except as provided in Regulations .03—.05 of this chapter. 

.03 Control Officer May Authorize Certain Open Fires. 

A. In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and 

Worcester counties: 

(1) Subject to review by the Department, the control officer, upon receipt of an application made on forms provided by the 

Department or local fire control agency, may issue or approve a permit in writing allowing an open fire, provided all of the 

following conditions are met: 

(a) The control officer is satisfied that there is no practical alternate method to dispose of the material to be burned or to 

conduct the desired activities; 

(b) A hazardous condition or air pollution or nuisance will not be created; 

(c) Fire control laws or regulations of other governmental agencies will not be violated; 

(d) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not 

be burned; 

(e) The material to be burned shall have originated on the premises on which it is to be burned; 

(2) The control officer may impose other conditions to minimize creation of smoke, to prevent nuisances and air pollution, 

and to protect the health, safety, comfort, and property of any persons. 

B. In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince 

George's counties and Baltimore City during the period September 1 through May 31 of the following year: 

(1) Subject to review by the Department, the control officer, upon receipt of an application made on forms provided by the 

Department or local fire control agency, may issue or approve a permit in writing allowing an open fire, provided all of the 

following conditions are met: 

(a) The control officer is satisfied that there is no practical alternate method for the disposal of the material to be burned 

or to conduct the desired activity; 

(b) A hazardous condition or air pollution or nuisance will not be created; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(c) In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore 

City, burning may not be done within 500 yards (457 meters) of one or more occupied buildings or heavily travelled public 

roadway; 

(d) Fire control laws or regulations of other governmental agencies will not be violated; 

(e) Materials which produce dense smoke when burned, including, but not limited to, tires and roofing material, will not 

be burned, 

(f) All other conditions the control officer may impose to minimize creation of smoke, to prevent nuisances and air 

pollution, and to protect the health, safety, comfort, and property of any persons shall be satisfied; 

(g) The material to be burned shall have originated on the premises on which it is to be burned; 

(2) The following exceptions apply: 

(a) Methods of disposal by burning acceptable to the Department may be approved for use when distance limitations 

cannot be met; 

(b) A permit may be granted for fires set in the course of agricultural operations in growing crops or raising fowl or 

animals or in accepted forestry practice, when distance limitations cannot be met; this provision may not be construed as allowing 

the burning of ordinary household or barnyard trash in areas where provision is made for public collection of refuse. 

C. Prohibition on Open Burning. 

(1) In Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince 

George's counties and Baltimore City, open burning is prohibited during the period from June 1 through August 31 of each year, 

beginning June 1, 1995. 

(2) Exceptions. The provisions of §C(1) of this regulation do not apply to: 

(a) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(b) Open fires for recreational purposes such as campfires; 

(c) Fires authorized under Regulation .04 of this chapter. 

.04 Public Officers May Authorize Certain Fires. 

Public officers, in the performance of their official duties, may set an open fire or give permission for an open fire, with 

concurrence of the control officer, if: 

A. All reasonable means are employed to minimize smoke; and 

B. The fire is necessary for one or more of the following reasons or purposes: 

(1) For the prevention of a fire hazard that cannot be abated by other means; 

(2) For the instruction of public fire fighters or industrial employees under supervision of the appropriate fire control 

official; 

(3) For the protection of public health or safety when other means for disposing of hazardous waste materials are not 

available including the burning of hazardous waste authorized under federal law or COMAR 26.13.02.07; 

(4) For burning pest-infested crops or products and agricultural burning that is necessary for animal disease control; 

(5) For good forest resource management practices as approved by the Department of Natural Resources-Forest Service; 

(6) For burning excessive lodging for the purpose of recropping as approved by the Department of Agriculture or local 

extension offices; 

(7) For the purpose of testing fire fighter training systems fueled by natural gas or propane provided that the: 

(a) Source maintains records of the total amount of fuel used and the date of the open fire, 

(b) Total combined fuel usage for all systems at the premises does not exceed 5,000 gallons of propane and natural gas 

combined per week, and 

(c) Open fire does not constitute a major source of VOC or NOx. 
AIR QUALITY 

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Effective as of November 12, 2010 

.05 Open Fires Allowed Without Authorization of Control Officer or Public Officer. 

A. Except as provided in Regulation .03C of this chapter, in Allegany, Calvert, Caroline, Cecil, Charles, Dorchester, Garrett, 

Frederick, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worchester counties, open fires, in 

conformance with other governmental fire control ordinances and provided no nuisance or air pollution is created, are allowed 

without permission under Regulation .03 or .04 of this regulation as follows: 

(1) In those areas where no provision is made for public collection of leaves, burning of leaves originating on the premises, 

by householders, is permitted, provided that leaves are not burned at locations closer than 200 feet (61 meters) from any 

neighboring habitable dwelling or place where people work or congregate; 

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash 

originating on the premises, excluding commercial establishments, by householders is permitted provided that: 

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity); and 

(b) Refuse may not be burned at locations closer than 200 feet (61 meters) from any neighboring habitable dwelling or 

place where people work or congregate; 

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(4) Fires set in the course of agricultural operations in growing crops or raising fowl or animals or in accepted forestry 

practice; this provision may not be construed as allowing the burning of ordinary household or barnyard trash in areas where 

provision is made for public collection of refuse; 

(5) Recreational purposes, such as campfires; 

(6) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming outdoor workers, 

etc., provided no visible emissions are created; 

(7) Warming fires for outdoor workers, provided smoke emissions are not darker in shade or appearance than those 

designated as greater than 40 percent opacity, and the fires are located no closer than 200 feet (61 meters) from any neighboring 

habitable building. 

B. In Anne Arundel, Baltimore, Carroll, Harford, Howard, Montgomery, and Prince George's counties and Baltimore City and 

during the period from September 1 of any year through May 31 of the following year, open fires otherwise conforming to other 

governmental fire control ordinances, provided no nuisance or air pollution is created, are allowed without permission under 

Regulation .03 or .04 of this chapter as follows: 

(1) In those areas where no provision is made for public collection of leaves, the open burning of leaves originating on the 

premises, by householders, is permitted, provided that no nuisance is created and that the fires are located no closer than 300 feet 

(91.4 meters) from any neighboring habitable dwelling or place where people work or congregate; 

(2) In those areas where no provision is made for public collection of refuse, burning of ordinary household trash 

originating on the premises, excluding commercial establishments, by householders is permitted provided that: 

(a) Materials are not burned which create dense smoke (emissions of greater than 40 percent opacity); 

(b) The fires are located no closer than 300 feet (91.4 meters) from any neighboring habitable dwelling or place where 

people work or congregate; 

(3) Cooking of food on other than commercial premises or cooking of food which is subject to COMAR 26.11.18.06; 

(4) Recreational purposes, such as campfires; 

(5) Oil or gas fired salamanders or similar devices designated specifically for space heating or warming of outdoor workers, 

etc., provided no visible emissions are created. 

.06 Safety Determinations at Federal Facilities. 

A. A person who performs safety determinations at federal facilities or other facilities under contract with the federal 

government shall: 

(1) Take all responsible precautions to minimize emissions during any safety determination; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(2) Schedule safety determinations, whenever possible, during days when maximum dispersion of pollutants will be 

achieved; 

(3) Notify the control officer at least 24 hours in advance when a safety determination is to be performed that has a duration 

of 2 hours or longer; and 

(4) Submit a report of anticipated or expected safety determinations to the control officer semiannually beginning with the 

period July 1, 1997, to December 31, 1997. 

B. The report required in §A(4) of this regulation shall be submitted to the control officer by not later than 15 days before each

semiannual period. For safety determinations that are not anticipated 6 months in advance, the control officer shall be notified as 

far in advance as possible but not less than 1 week before the safety determination. 

C. The semiannual report required in §A(4) of this regulation shall include: 

(1) The time frame during which each known safety determination is to occur; 

(2) The duration of each safety determination; and 

(3) General information relating to each safety determination. 

Administrative History 

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

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

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.07 to COMAR 26.11.07 

Regulations .01—.05 amended effective May 22, 1995 (22:10 Md. R. 709) 

Regulation .01B amended effective August 11, 1997 (24:16 Md. R. 1160) 

Regulation .03B amended effective August 11, 1997 (24:16 Md. R. 1160) 

Regulation .06 adopted effective August 11, 1997 (24:16 Md. R. 1160) 
Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 08 Control of Incinerators 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-406, 10-102, and 10-103, 

Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) Bag Leak Detection System. 

(a) “Bag leak detection system” means an instrument that is capable of monitoring PM loadings in the exhaust of a fabric 

filter in order to detect bag failures. 

(b) “Bag leak detection system” includes, but is not limited to, an instrument that operates on triboelectric, light 

scattering, light-transmittance, or other effects to monitor relative PM loadings. 

(1-1) "Batch HMIWI" means an HMIWI that is designed so that neither waste charging nor ash removal can occur during 

combustion. 

(2) "Biologicals" means preparations made from living organisms and their products, including vaccines and cultures, 

intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto. 

(3) "Blood products" means any product derived from human blood, including blood plasma, platelets, red or white blood 

corpuscles, and other derived licensed products, such as interferon. 

(4) "Body fluids" means liquid emanating or derived from humans and limited to blood, dialysate, amniotic, cerebrospinal, 

synovial, pleural, peritoneal, and pericardial fluids, and semen and vaginal secretions. 

(5) "Bypass stack" means a device used for discharging combustion gases to avoid severe damage to the air pollution 

control device or other equipment. 

(6) "Chemotherapeutic waste" means waste material resulting from the production or use of antineoplastic agents used for 

the purpose of stopping or reversing the growth of malignant cells. 

(7) "Co-fired combustor" is defined at 40 CFR §60.51c. 

(7-1) “Commercial HMIWI” means a HMIWI which offers incineration services for hospital/medical/infectious waste 

generated off site by firms unrelated to the firm that owns the HMIWI. 

(8) "Continuous emission monitoring (CEMS)" means a monitoring system for continuously measuring and recording the 

emissions of a pollutant from an affected facility. 

(9) "Continuous HMIWI" means an HMIWI that is designed to allow waste charging and ash removal during combustion. 

(9-1) "Crematory " means a furnace where a human or animal corpse is burned with: 

(a) The container or bag in which the human or animal corpse is placed or transported; and 

(b) The animal bedding, if applicable. 

(10) "Dioxin/furans" means the combined emissions of tetra through octa chlorinated dibenzo-para-dioxins and 

dibenzofurans as measured by EPA Reference Method 23. 

(11) "Dry scrubber" means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays 

an alkaline sorbent (spray dryer) to react with and neutralize acid gases in the HMIWI exhaust stream forming a dry powder 

material. 

(12) "Existing municipal waste combustor (existing MWC)" means a municipal waste combustor for which the Department 

issued a permit to construct or for which construction began on or before September 20, 1994. 

(13) "Fabric filter or baghouse" means an add-on air pollution control system that removes particulate matter (PM) and 

nonvaporous metal emissions by passing flue gas through filter bags. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 26, 2012 

(14) "Facilities manager" means the individual in charge of purchasing, maintaining, and operating the HMIWI or the 

owner's or operator's representative responsible for the management of the HMIWI. Alternative titles may include director of 

facilities or vice president of support services. 

(15) "Hazardous waste incinerator" means a hazardous waste incinerator as defined in COMAR 26.13.01.03B(33). 

(16) "High-air phase" means the stage of the batch operating cycle when the primary chamber reaches and maintains 

maximum operating temperatures. 

(17) "Hospital" is defined at 40 CFR §60.51c. 

(18) "Hospital, medical and infectious waste incinerator (HMIWI)" means a special medical waste incinerator that 

combusts any amount of hospital, medical, and infectious waste. 

(19) Hospital waste. 

(a) "Hospital waste" means discards generated at a hospital, except unused items returned to the manufacturer. 

(b) "Hospital waste" does not include human corpses, remains, and anatomical parts that are intended for interment or 

cremation. 

(20) Incinerator. 

(a) "Incinerator" means a furnace or combustion unit that uses controlled flame combustion for the thermal destruction of 

municipal solid waste, industrial waste, special medical waste, or sewage sludge. 

(b) "Incinerator" does not mean a hazardous waste incinerator. 

(21) "Incinerator operator" means: 

(a) For a municipal waste combustor (MWC), the facility manager (chief facility operator), shift foreman (supervisor), 

and incinerator control room personnel; 

(b) For any other incinerator, the person who controls the waste feed and performs the necessary equipment adjustments 

to ensure efficient performance. 

(22) "Industrial waste" means any solid, liquid, or semiliquid waste, generated by a manufacturing industry, that does not 

contain hazardous waste. 

(23) "Infectious agent" means any organism (such as a virus or bacteria) that is capable of being communicated by invasion 

and multiplication in body tissues and capable of causing disease or adverse health impacts in humans. 

(24) "Intermittent HMIWI" means an HMIWI that is designed to allow waste charging, but not ash removal, during 

combustion. 

(25) Large HMIWI. 

(a) "Large HMIWI" means: 

(i) an HMIWI that has a maximum design waste burning capacity of more than 500 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate of more than 500 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate of more than 4,000 pounds per day. 

(b) "Large HMIWI" does not mean: 

(i) A continuous or intermitent HMIWI that has a maximum charge rate of less than or equal to 500 pounds per hour; 

or 

(ii) A batch HMIWI that has a maximum charge rate of less than or equal to 4,000 pounds per day. 

(26) "Large MWC" means an existing municipal waste combustor that has a capacity greater than 250 tons per day. 

(27) "Low-level radioactive waste" means: 

(a) A waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in 

concentrations or quantities that exceed applicable federal or State standards for unrestricted release; or 
AIR QUALITY 

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Effective as of November 26, 2012 

(b) A low-level radioactive waste that is not high-level radioactive waste, spent nuclear fuel, or by-product material as 

defined by the Atomic Energy Act of 1954 (42 U.S.C. §2014(e)(2)). 

(28) "Malfunction" is defined at 40 CFR §60.51c. 

(29) "Maximum charge rate" means: 

(a) For a continuous and intermittent HMIWI, 110 percent of the lowest 3-hour average charge rate measured during the 

most recent performance test demonstrating compliance with all applicable emission limits; or 

(b) For a batch HMIWI, 110 percent of the lowest daily charge rate measured during the most recent performance test 

demonstrating compliance with all applicable emission limits. 

(30) "Maximum design waste burning capacity" means: 

(a) For an intermittent and continuous HMIWI, the waste burning capacity as determined by the following formula: 

C = PV × 15,000/8,500 where: 

(i) C = HMIWI capacity, pounds/hour 

(ii) PV = primary chamber volume, cubic feet 

(iii) 15,000 = primary chamber heat release rate factor, Btu/cubic foot/hour 

(iv) 8,500 = standard waste heating value, Btu/pound; 

(b) For a batch HMIWI, the waste burning capacity as determined by the following formula: C = PV × 4.5/8 where: 

(i) C = HMIWI capacity, pounds/hour 

(ii) PV = primary chamber volume, cubic feet 

(iii) 4.5 = waste density, pounds/cubic foot 

(iv) 8 = typical hours of operation of a batch HMIWI, hours. 

(31) "Maximum fabric filter inlet temperature" means 110 percent of the lowest 3-hour average temperature at the inlet to 

the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the dioxin/furan emission limit. 

(32) "Maximum flue gas temperature" means 110 percent of the lowest 3-hour average temperature at the outlet from the 

wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the mercury (Hg) emission limit. 

(33) "Medical, infectious waste" is defined at 40 CFR Part 60.51c, Subpart Ec. 

(34) Medium HMIWI. 

(a) "Medium HMIWI" means: 

(i) An HMIWI that has a maximum design waste burning capacity of more than 200 pounds per hour, but less than or 

equal to 500 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour, but less 

than or equal to 500 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day, but less than or equal to 4,000 

pounds per day. 

(b) "Medium HMIWI" does not mean: 

(i) A continuous or intermittent HMIWI whose maximum charge rate is less than or equal to 200 pounds per hour or 

more than 500 pounds per hour; or 

(ii) A batch HMIWI that has a maximum charge rate more than 4,000 pounds per day or less than or equal to 1,600 

pounds per day. 
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(35) "Minimum dioxin/furan sorbent flow rate" means 90 percent of the highest 3-hour average dioxin/furan sorbent flow 

rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the 

dioxin/furan emission limit. 

(36) "Minimum Hg sorbent flow rate" means 90 percent of the highest 3-hour average Hg sorbent flow rate (taken, at a 

minimum, once every hour) measured during the most recent performance test demonstrating compliance with the Hg emission 

limit. 

(37) "Minimum hydrogen chloride (HCl) sorbent flow rate" means 90 percent of the highest 3-hour average HCl sorbent 

flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance 

with the HCl emission limit. 

(38) "Minimum horsepower or amperage" means 90 percent of the highest 3-hour average horsepower or amperage to the 

wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the applicable emission limits. 

(39) "Minimum pressure drop across the wet scrubber" means 90 percent of the highest 3-hour average pressure drop across 

the wet scrubber PM control device (taken, at a minimum, once every minute) measured during the most recent performance test 

demonstrating compliance with the PM emission limit. 

(40) “Minimum reagent flow rate” means 90 percent of the highest 3-hour average reagent flow rate at the inlet to the 

selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent 

performance test demonstrating compliance with the NOx emissions limit. 

(40-1) "Minimum scrubber liquor flow rate" means 90 percent of the highest 3-hour average liquor flow rate at the inlet to 

the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with all applicable emission limits. 

(41) "Minimum scrubber liquor pH" means 90 percent of the highest 3-hour average liquor pH at the inlet to the wet 

scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance 

with the HCl emission limit. 

(42) "Minimum secondary chamber temperature" means 90 percent of the highest 3-hour average secondary chamber 

temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating 

compliance with the PM, CO, and dioxin/furan emission limits. 

(43) "Modification or modified HMIWI" is defined at 40 CFR §60.51c. 

(44) Municipal Solid Waste. 

(a) "Municipal solid waste (MSW)" means municipal-type solid waste as defined in 40 CFR Part 60, Subpart Eb 

(Standards of Performance for Municipal Waste Combustors) as amended, which is incorporated by reference. 

(b) "Municipal solid waste" does not include special medical waste. 

(45) "Municipal waste combustor (MWC)" means an incinerator that burns only municipal solid waste. 

(46) "Operating day" means a 24-hour period between 12 midnight and the following midnight during which any amount of 

hospital waste or medical/infectious waste is combusted at any time in the HMIWI. 

(47) "Operation" means the period during which waste is combusted in the incinerator excluding periods of startup or 

shutdown. 

(48) "Particulate matter (PM)" means the total particulate matter emitted from an HMIWI as measured by EPA Reference 

Method 5 or EPA Reference Method 29. 

(49) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts or tissue, the 

bags or containers used to collect and transport the waste material, and animal bedding (if applicable). 

(50) "Primary chamber" means the chamber in an HMIWI that receives waste material, in which the waste is ignited, and 

from which ash is removed. 

(51) "Pyrolysis" means the endothermic gasification of hospital, medical, or infectious waste, or a combination of hospital, 

medical, and infectious waste using external energy. 
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(52) "Secondary chamber" means a component of the HMIWI that receives combustion gases from the primary chamber 

and in which the combustion process is completed. 

(53) "Sewage sludge" means a waste containing accumulated semiliquid suspension, settled solids, or dried residue of these 

solids from sewage in a waste water treatment plant. 

(54) Shutdown. 

(a) "Shutdown" means the period of time after all waste has been combusted in the primary chamber. 

(b) "Shutdown" for a continuous HMIWI commences not less than 2 hours after the last charge to the incinerator. 

(c) "Shutdown" for an intermittent HMIWI commences not less than 4 hours after the last charge to the incinerator. 

(d) "Shutdown" for a batch HMIWI commences not less than 5 hours after the high-air phase of combustion has been 

completed. 

(55) Small HMIWI. 

(a) "Small HMIWI" means: 

(i) An HMIWI that has a maximum design waste burning capacity less than or equal to 200 pounds per hour; 

(ii) A continuous or intermittent HMIWI that has a maximum charge rate less than or equal to 200 pounds per hour; or 

(iii) A batch HMIWI that has a maximum charge rate less than or equal to 1,600 pounds per day. 

(b) "Small HMIWI" does not mean: 

(i) A continuous or intermittent HMIWI that has a maximum charge rate more than 200 pounds per hour; or 

(ii) A batch HMIWI that has a maximum charge rate more than 1,600 pounds per day. 

(56) "Small rural area HMIWI" means a small HMIWI that is located more than 50 miles from the boundary of the nearest 

standard metropolitan statistical area and which burns less than 2,000 pounds per week of hospital, medical, and infectious waste 

(excluding those wastes burned during performance tests). 

(57) Special medical waste. 

(a) "Special medical waste" means: 

(i) Any combination of organic and inorganic liquid or solid waste as defined in COMAR 26.13.11; or 

(ii) Hospital general waste, when burned in conjunction with special medical waste generated at that hospital. 

(b) "Special medical waste" includes hospital, medical, and infectious waste. 

(58) "Standard conditions" means a temperature of 20°C and a pressure of 101.3 kilopascals. 

(59) "Standard metropolitan statistical area (SMSA)" means any area listed in OMB Bulletin No. 93-17 entitled "Revised 

Statistical Definitions for Metropolitan Areas" dated June 30, 1993. 

(60) Startup. 

(a) "Startup" means the period of time between the activation of the system and the first charge to the unit. 

(b) "Startup" for a batch HMIWI means the period of time between activation of the system and ignition of the waste. 

(61) "Wet scrubber" means an add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect 

particulate matter (including nonvaporous metals and condensed organics) or to absorb and neutralize acid gases, or both. 

.02 Applicability. 

A. Any source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. 

However, when this chapter establishes an emission standard for a specific installation which differs from the general emission

standards in COMAR 26.11.06.01—.09, this chapter takes precedence. 

B. Regulation .07 of this chapter applies to an MWC that was constructed on or before August 30, 1999 and has a capacity of 

at least 35 tons and less than or equal to 250 tons per day. 
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C. Regulation .08 of this chapter applies to an existing MWC with a capacity greater than 250 tons per day as determined in 

accordance with 40 CFR §60.58b(j). 

D. An MWC with a capacity greater than 250 tons per day for which construction began after December 20, 1989, and on or 

before September 20, 1994, and modification or reconstruction began after December 20, 1989, and on or before June 19, 1996, is

also subject to the requirements of 40 CFR Part 60, Subpart Ea, Standards of Performance for Municipal Waste Combustors, as 

amended, incorporated by reference at COMAR 26.11.06.12. 

E. An MWC with a capacity greater than 250 tons per day for which construction began after September 20, 1994, or 

modification or reconstruction began after June 19, 1996, is also subject to the requirements of 40 CFR Part 60 Subpart Eb, 

Standards of Performance for Municipal Waste Combustors, as amended, incorporated by reference at COMAR 26.11.06.12. 

F. A person who owns an existing MWC with a total capacity greater than 250 tons per day which was not in operation on or 

after December 19, 1995, may not operate the MWC unless the applicable requirements of this chapter are met. 

G. If there is any discrepancy between the terms defined in this chapter and any federal definition in the Clean Air Act, 42 

U.S.C. §§7401—7671 (CAA), and 40 CFR Part 60 Subparts A, B, Eb, and Ec, the federal definition applies. 

H. The requirements in Regulation .08-1 of this chapter apply to a person who owns or operates an HMIWI for which 

construction was commenced on or before June 20, 1996, except as provided in 40 CFR §60.50c(b)—(i). 

I. All provisions of Regulation .08-1 of this chapter and the related HMIWI 111(d)/129 plan approval, 40 CFR Part 62, 

Subpart V, are applicable, except as amended or revised under Regulation .08-2 of this chapter and approved by EPA as part of 

the Maryland HMIWI 111(d)/129 plan. 

.03 Prohibition of Certain Incinerators in Areas III and IV. 

A. A person may not cause or permit the construction or use of any flue-fed, chute-fed, or single chamber incinerator. 

B. Any incinerator, the use of which is prohibited under provisions of this regulation, shall be made inoperable in a manner 

approved by the control officer or the Department. 

C. A person may not cause or permit the construction or use of any other incinerator except as listed below: 

(1) An incinerator that has a capacity of 5 tons (4,540 kilograms) per hour or greater and that is used to burn municipal 

solid waste; 

(2) Crematory incinerators; 

(3) An incinerator that has a capacity of 500 pounds (227 kilograms) per hour or greater and that is used to burn industrial 

waste; 

(4) Special medical waste incinerators that are approved for that purpose by the Department, although municipal solid 

waste generated at the site of a permitted special medical waste incinerator may be burned in combination with a special medical 

waste; and 

(5) Sewage sludge incinerators. 

D. Householders are permitted to burn ordinary household trash originating on the premises, in incinerators, in those areas 

where public collection of municipal solid waste is not provided. 

.04 Visible Emissions. 

A. In Areas I, II, V, and VI, the following apply: 

(1) Except as provided in Regulations .08 and .08-1 of this chapter, a person may not cause or permit the discharge of 

emissions from any incinerator, other than water in an uncombined form, which is greater than 20 percent opacity; 

(2) A person may not cause or permit the discharge of emissions from any hazardous waste incinerator, other than water in 

an uncombined form, which is visible to human observers. 

B. In Areas III and IV, a person may not cause or permit the discharge of emissions from any incinerator or hazardous waste 

incinerator, other than water in an uncombined form, which is visible to human observers. 

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: 
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(1) The visible emissions are not greater than 40 percent opacity; and 

(2) The visible emissions do not occur for more than 6 consecutive minutes in any 60 minute period. 

.05 Particulate Matter. 

A. Requirements for Areas I, II, V, and VI. 

(1) Calculations. Except as provided in Regulations .08 and .08-1 of this chapter, incinerator or hazardous waste incinerator 

emissions shall be adjusted to 12 percent carbon dioxide. 

(2) Incinerators Constructed Before January 17, 1972. Except as provided in Regulations .08 and .08-1 of this chapter, a 

person may not cause or permit the discharge into the outdoor atmosphere from any incinerator constructed before January 17, 

1972, particulate matter to exceed the following limitations: 

(a) Incinerators burning less than 200 pounds (90.7 kilograms) of municipal solid waste per hour, 0.3 gr/SCFD (687 

mg/dscm); 

(b) Incinerators burning 200 pounds (90.7 kilograms) or more pounds of municipal solid waste per hour, 0.2 gr/SCFD 

(458 mg/dscm). 

(3) Incinerators Constructed on or After January 17, 1972. Except as provided in Regulations .07, .08, and .08-1 of this 

chapter, a person may not cause or permit the discharge of particulate matter into the outdoor atmosphere from any incinerator or 

crematory constructed on or after January 17, 1972, to exceed 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 

mg/dscm). 

(4) Hazardous Waste Incinerators. A person may not cause or permit to be discharged into the outdoor atmosphere from 

any hazardous waste incinerator, particulate matter to exceed 0.03 gr/SCFD (68.7 mg/dscm). 

B. Requirements for Areas III and IV. 

(1) Calculations. Except as provided in Regulations .08 and .08-1 of this chapter, incinerator or hazardous waste incinerator 

emissions shall be adjusted to 12 percent carbon dioxide. 

(2) Except as provided in Regulations .07, .08, and .08-1 of this chapter, a person may not cause or permit the discharge of 

particulate matter into the outdoor atmosphere from any incinerator, hazardous waste incinerator, or crematory to exceed the 

following limitations: 

(a) Special medical waste incinerators burning less than 1 ton of refuse per hour and less than 8 tons of refuse per day 

and crematories, 0.10 grains per standard cubic foot dry 0.10 gr/SCFD (229 mg/dscm); 

(b) All other incinerators and hazardous waste incinerators, 0.03 gr/SCFD (68.7 mg/dscm). 

.06 Prohibition of Unapproved Hazardous Waste Incinerators. 

A person may not cause or permit the construction or use of any hazardous waste incinerator except in accordance with 

COMAR 26.13.05.15 and this chapter. 

.07 Requirements for Certain Municipal 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 regulation after the compliance date in §§A and D of this regulation. 

(2) Emission Standards and General Requirements. 

Pollutant or 

Parameter 

Emission 

Standards for a 

Large MWC 

Performance and Compliance 

Test Requirements 
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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 standard 

cubic meter (total mass) for ESPbased control device and 30 

nanograms per dry standard 

cubic 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). Certified CEMS option in lieu of a 

stack test as specified in 40 CFR §60.58b(d)(4) and 60.58(n). 
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SO2Sulfur Dioxide)* 

29 ppmv—24-hr geometric mean 

or 75 percent reduction, 

whichever is less restrictive. 

CEMS. Applicable test procedures and methods as specified in 40 

CFR §60.58b(e). 

HCl (Hydrogen 

Chloride)* 

29 ppmv or 95 percent reduction, 

whichever is less restrictive 

EPA Reference Method 26. Annual test except as provided in 40 

CFR §60.58b(f). Applicable test procedures and methods as 

provided in 40 CFR §60.58b(f). Certified CEMS option in lieu of a 

stack test as specified in 40 CFR §60.58b(f)(8) and 60.58(n). 

NOx (Oxides of 

Nitrogen)* 

205 ppmv 24-hr arithmetic 

average. Mass burn refractory 

MWC is exempt. 

CEMS (only for sources to which an emission standard applies). 

Applicable test procedures and methods as provided in 40 CFR 

§60.58b(h). 

Load 

Not to exceed 110 percent of 

maximum load during most 

recent dioxin/furan performance 

test. 

Continuous monitoring.—4-hr block arithmetic average steam load. 

Applicable test procedures and methods are as provided in 40 CFR 

§60.58b(i). 

Temperature 

The maximum particulate matter 

control device inlet temperature 

must not exceed by more than 

17°C the temperature during the 

most recent dioxin/furan test 

demonstrating compliance. 

Continuous monitoring. The temperature shall be calculated in 4-hr 

block arithmetic averages. Applicable test procedures and methods 

are as provided in 40 CFR §60.58b(i) and exemptions in 40 CFR 

§60.53b(c). 

Fugitive Ash 

Emissions 

Visible emissions less than 5 

percent of the observation period 

(i.e., 9 minutes per 3-hour 

period) during ash transfer. 

EPA Reference Method 22 observations as specified in 40 CFR 

§60.58b(k). Annual test. The emission limit excludes visible 

emissions discharged inside buildings or enclosures of 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 CO2 monitor is selected as the dilutent monitor it must meet the requirements 

of 40CFR §60.58b(b)(6). 

 (3) The standards in §A(2) of this regulation apply at all times except during periods of startup, shutdown, or malfunction 

as provided in 40 CFR §60.58b(a). 

B. Monitoring Requirements. 

(1) A person who owns or operates an existing MWC subject to this regulation shall: 

(a) Install, calibrate, operate, and maintain continuous emission monitors for carbon monoxide, oxygen, opacity, oxides 

of nitrogen, and sulfur dioxide; 

(b) Locate monitors downstream of the final air pollution control device to measure concentrations of oxygen, oxides of 

nitrogen, sulfur dioxide, and opacity of the exhaust gases; 

(c) Install, operate, and maintain at a minimum, one temperature monitor to measure the temperature of the flue gas as it 

enters the particulate matter air pollution control device; and 

(d) Meet the specifications in §A(2) of this regulation if an alternative monitoring or sampling method of compliance is 

selected in lieu of a stack test. 

(2) If the percent removal option is to be used to show compliance with §B(1)(b) of this regulation, sulfur dioxide and 

oxygen monitors shall also be located upstream of the pollution control device. Monitors shall be located at the combustor outlet 

exit to measure concentrations of carbon monoxide. 
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(3) The monitors required by §B(1)(a) and (b) of this regulation shall meet the installation, certification, reporting, recordkeeping, and other requirements of COMAR 26.11.01.10, 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 receive written approval from the Department before installing any of the monitors 

required in this chapter. 

C. Reporting and Record-Keeping Requirements. 

(1) A person who owns an existing MWC subject to this regulation shall report and maintain records in accordance with 40 

CFR §60.59b of Subpart Eb, as applicable, except for the siting requirements under §60.59b(a), (b)(5), and (d)(11) of 40 CFR Part 

60, Subpart Eb; 

(2) Continuous emissions monitoring data reduction and data availability 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 existing large MWC subject to this chapter shall comply with the standards in §A(2) 

of this regulation, according to the applicable schedule in §D(2)—(6). 

(2) A person who owns or operates an existing large MWC subject to this chapter and is not planning an extensive emission 

control system upgrade shall submit a plan by October 1, 2007, to the Department that describes the increments of progress to be 

achieved as follows: 

(a) Not later than December 1, 2007—release purchase orders for initial testing and modifications; 

(b) Not later than April 1, 2008—begin modification and testing of control systems; 

(c) Not later than September 1, 2008—end modifications and debug system; 

(d) Not later than December 1, 2008—submit stack test protocol and test schedule; and 

(e) On and after April 28, 2009—achieve full compliance with the standards. 

(3) A person who owns or operates an existing large MWC subject to this chapter and is planning an extensive emission 

control system upgrade shall submit a plan, containing an expeditious compliance schedule, for review and approval by the 

Department, that: 

(a) Describes the control method to be used to achieve compliance with the applicable requirements; 

(b) Includes a complete application for a permit to construct the control system and compliance schedule to the 

Department not later than September 1, 2008; and 

(c) If approved, includes in the compliance schedule a schedule which is no less stringent than the increments of progress 

in §D(4) of this regulation. 

(4) The following increments of progress shall be achieved if an extensive emission control system upgrade is planned: 

(a) Not later than April 1, 2008—complete control system and cost analysis; 

(b) Not later than December 1, 2008—release purchase orders for the purchase of primary components; 

(c) Not later than April 1, 2009—begin construction of control systems; 

(d) Not later than September 1, 2010—end construction, startup and debug system; 

(e) Not later than December 1, 2010—submit stack test protocol and test schedule; and 

(f) Not later than March 10, 2011—achieve full compliance. 

(5) The interim dates in §D(2) and (4) of this regulation may be delayed upon approval by the Department and the U.S. 

EPA if the compliance dates of April 28, 2009, and March 10, 2011, are met. 
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(6) An affected facility subject to the provisions in §D of this regulation shall demonstrate compliance with the emission 

standards and requirements using the test methods in §A(2) of this regulation within 180 days after start up of the new or 

modified control device. 

.08-1 Emission Standards and Requirements for HMIWIs. 

A. Emission Standards. 

(1) The emission standards and requirements in §A(2)—(7) of this regulation apply to a person who owns or operates an 

HMIWI other than a small rural area HMIWI. 

(2) The emission limits of this regulation and 40 CFR §§62.5160 and 62.5161, apply to a person who owns and operates a 

small, medium, or large HMIWI for which construction was commenced on or before June 20, 1996 or for which modification 

commenced on or before March 16, 1998, and remain applicable until such HMIWI comes into full and final compliance in 

accordance with Regulation .08-2 of this chapter and its related 111(d)/129 plan revision. 

(3) Emission Standards for Small, Medium, and Large HMIWIs. 

Emission limits HMIWI size 

Pollutant Units (7 percent oxygen, dry basis) Small Medium Large 

Particulate matter Milligrams per dry standard cubic meter (grains per dry standard 

cubic foot) 115 (0.05) 69 (0.03) 34 (0.015) 

Opacity (Areas III and 

IV no visible emissions) 6 minute block average percent 10 10 10 

Carbon monoxide Parts per million by volume 40 40 40 

Emission limits HMIWI size 

Pollutant Units (7 percent oxygen, dry basis) Small Medium Large 

Dioxins/furans 

Nanograms per dry standard cubic meter total dioxins/furans 

(grains per billion dry standard cubic feet) or nanograms per dry 

standard cubic meter TEQ (grains per billion dry standard cubic 

feet) 

125 (55) 

or 2.3 

(1.0) 

125 (55) or 

2.3 (1.0) 

125 (55) 

or 2.3 

(1.0) 

Hydrogen chloride Parts per million by volume or percent reduction 100 or 

93 percent 

100 or 

93 percent 

100 or 

93 percent 

Sulfur dioxide Parts per million by volume 55 55 55 

Nitrogen oxides Parts per million by volume 250 250 250 

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. 
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(5) Compliance and Performance Testing. A person who owns or operates an HMIWI subject to this regulation shall 

complete the initial and subsequent tests using the procedures, conditions, and test methods in 40 CFR Part 60.56c, Subpart Ec,

excluding the fugitive emissions testing requirements under 40 CFR §60.56c(b)(12) and (c)(3). 

(6) Monitoring Requirements. A person who owns or operates an HMIWI subject to this regulation shall comply with the 

monitoring requirements in 40 CFR Part 60.57c, Subpart Ec. 

(7) Reporting and Recordkeeping Requirements. A person who owns or operates an HMIWI subject to this regulation shall 

report and maintain records in accordance with the requirements listed in 40 CFR Part 60.58c(b), (c), (d), (e), and (f) of Subpart 

Ec, excluding 40 CFR §60.58c(b)(2)(ii) (fugitive emissions) and 40 CFR §60.58c(b)(7) (siting). 

B. Emission Limits and Requirements for Small Rural Area HMIWIs. 

(1) The emission limits and requirements in §B(2)—(6) of this regulation apply to a person who owns or operates a small 

rural area HMIWI, and remain applicable until such HMIWI comes into full and final compliance in accordance with Regulation 

.08-2 of this chapter and its related 111(d)/129 plan revision. 

(2) Emission Limits. 

Pollutant Units (7 percent oxygen, dry basis) HMIWI 

Emission limits 

Particulate 

matter Milligrams per dry standard cubic meter (grains per dry standard cubic foot) 197 (0.086) 

Opacity 6 minute block average percent 10 

Carbon 

monoxide Parts per million by volume 40 

Dioxins/furans 

Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard 

cubic feet) or Nanograms per dry standard cubic meter TEQ (grains per billion dry standard 

cubic feet) 

800 (350) or 15 

(6.6) 

Hydrogen 

chloride Parts per million by volume 3,100 

Pollutant Units (7 percent oxygen, dry basis) HMIWI 

Emission limits 

Sulfur dioxide Parts per million by volume 55 

Nitrogen oxides Parts per million by volume 250 

Lead Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 10 (4.4) 

Cadmium Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 4 (1.7) 

Mercury Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) 7.5 (3.3) 

(3) Inspection Requirements. 

(a) Each small rural area HMIWI shall undergo an initial equipment inspection by March 15, 2001, that at a minimum 

includes the following: 

(i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as 

necessary; 

(ii) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary; 

(iii) Inspect hinges and door latches, and lubricate as necessary; 

(iv) Inspect dampers, fans, and blowers for proper operation; 

(v) Inspect HMIWI door and door gaskets for proper sealing; 
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(vi) Inspect motors for proper operation; 

(vii) Inspect primary chamber refractory lining; clean and repair or replace lining as necessary; 

(viii) Inspect incinerator shell for corrosion or hot spots, or both; 

(ix) Inspect secondary/tertiary chamber and stack and clean as necessary; 

(x) Inspect mechanical loader, including limit switches, for proper operation, if applicable; 

(xi) Visually inspect waste bed (grates), and repair or seal, as appropriate; 

(xii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any 

necessary adjustments; 

(xiii) Inspect air pollution control device or devices for proper operation, if applicable; 

(xiv) Inspect waste heat boiler systems to ensure proper operation, if applicable; 

(xv) Inspect bypass stack components; 

(xvi) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 

(xvii) Generally observe that the equipment is maintained in good operating condition. 

(b) Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the 

owner or operator obtains written approval from the Department for a different date to complete all necessary repairs. 

(c) Each small rural area HMIWI shall undergo an equipment inspection annually (no more than 12 months following the 

previous annual equipment inspection), as outlined in §B(3)(a) and (b) of this regulation. 

(4) Waste Management Plan. A person who owns or operates a small rural area HMIWI subject to this regulation shall 

prepare a Waste Management Plan that identifies the feasibility and the approach to solid waste segregation or material 

substitution to reduce the amount of toxics emissions. The Waste Management Plan shall meet the requirements of 40 CFR Part 

60.55c, Subpart Ec. 

(5) Compliance and Performance Testing. 

(a) A person who owns or operates a small rural area HMIWI shall conduct the performance test in 40 CFR Part 

60.56c(a), (b)(1)—(9), (b)(11)(Hg only), and (c)(1), Subpart Ec. The 2,000 pound per week limit does not apply during 

performance tests. 

(b) During the test required in §B(5)(a) of this regulation, a maximum charge rate and minimum secondary chamber 

temperature shall be established as site-specific operating parameters to determine compliance with applicable emission limits as 

required in 40 CFR §60.37e(b)(2). 

(c) Following the date on which the initial performance test is completed, a person may not operate above the maximum 

charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated each hour as 

the average of the previous 3 operating hours) at all times except during periods of startup, shutdown, and malfunction. Operating 

parameter limits do not apply during performance tests. Operation above the maximum charge rate or below the minimum 

secondary chamber temperature shall constitute a violation of the established operating parameter or parameters. 

(d) Except as provided in §B(5)(e) of this regulation, operation of an HMIWI above the maximum charge rate and below 

the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously shall constitute a 

violation of the PM, CO, and dioxin/furan emission limits. 

(e) The owner or operator of an HMIWI may conduct a repeat performance test within 30 days of violation of applicable 

operating parameter or parameters to demonstrate that the HMIWI is not in violation of the applicable emission limit or limits.

Repeat performance tests conducted pursuant to this regulation shall be conducted after notification to the Department using the 

identical operating parameters that indicated a violation as required in 40 CFR §60.37e(b)(5). 

(6) Monitoring Requirements. A person who owns or operates a small rural area HMIWI shall meet the following 

monitoring requirements: 
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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), maintain, and operate a device which automatically measures and 

records the date, time, and weight of each charge fed into the HMIWI. 

(c) Obtain monitoring data at all times during HMIWI operation except during periods of monitoring equipment 

malfunction, calibration, or repair. At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours 

per day and for 90 percent of the operating hours per calendar quarter that the designated facility is combusting hospital waste or 

medical/infectious waste, or both. 

(7) Reporting and Recordkeeping. A person who owns or operates a small rural area HMIWI shall: 

(a) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed 

within 10 days of an inspection or the time frame established by the Department; and 

(b) Submit an annual report containing information recorded under §B(7)(a) of this regulation not later than 60 days 

following the year in which data were collected. Subsequent reports shall be sent not later than 12 calendar months following the 

previous report. The owner or operator of a source subject to the permitting requirements under Title V of the federal Clean Air 

Act shall submit these reports semiannually. The report shall be signed by the facility manager. 

C. Compliance Schedules. 

(1) Except as provided in §C(2) of this regulation, a person who owns or operates an HMIWI or a small rural area HMIWI 

subject to this chapter shall: 

(a) Achieve compliance with all the requirements on or before March 15, 2001; or 

(b) Submit to the Department and the EPA for approval, a compliance plan that includes the following increments of 

progress: 

(i) Date for obtaining services of an architectural and engineering firm regarding the air pollution control device or 

devices, or modification; 

(ii) Date for obtaining design drawings of the air pollution control device or devices, or modification; 

(iii) Date for ordering the air pollution control device or devices, or modification; 

(iv) Date for obtaining the major components of the air pollution control device or devices, or modification; 

(v) Date for initiation of site preparation for installation of the air pollution control device or devices, or modification; 

(vi) Date for initiation of installation of the air pollution control device or devices, or modification; 

(vii) Date for initial startup of the air pollution control device or devices, or modification; 

(viii) Date for initial compliance test or tests of the air pollution control device or devices, or modification; and 

(ix) Date for achieving compliance which is not later than March 15, 2002. 

(2) The compliance plan required in §C(1)(b) of this regulation shall be submitted to the Department on or before 

September 15, 2000, in accordance with the requirements in 40 CFR §60.39e(d)(1)(i) and (ii). 

(3) The compliance plan submitted by an affected facility that proposes to treat HMIW generated at another site shall 

identify the off-site facility in the compliance plan. When the Department approves the compliance plan, the plan shall constitute 

the compliance plan for the off-site facility. 

D. Permit Requirements. 

(1) A person who owns or operates an HMIWI or a small rural area HMIWI subject to this chapter shall, not later than July 

15, 2000, submit a complete application for a Part 70 permit in accordance with COMAR 26.11.03. 

(2) On or before September 15, 2000, the Department shall make a completeness determination of the Part 70 application in 

accordance with the requirements in Clean Air Act §503 and 40 CFR Parts 70 and 71. 
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(3) If the incinerator is to be removed from service by March 1, 2001, the owner of the HMIWI or rural area HMIWI, in 

lieu of submitting a Part 70 application, shall submit a letter to the Department and the EPA committing to the discontinued use of 

the incinerator on or before March 1, 2001. 

.08-2 Emission Standards and Requirements for HMIWIs Under 40 CFR 60 Subpart Ce as Revised October 6, 2009. 

A. Applicability and Emission Standards. Notwithstanding the requirements of Regulation .08-1 of this chapter, the emission 

standards and requirements of §B(1)—(7) and §C(1)—(6) of this regulation apply to a person who owns or operates an HMIWI 

subject to 40 CFR Part 60, Subpart Ce, as revised, October 6, 2009. 

B. Emission Limits and Requirements for Small, Medium, and Large HMIWIs. 

(1) A person who owns or operates a small, medium, or large HMIWI for which construction was commenced on or before 

June 20, 1996 or for which modification commenced on or before March 16, 1998 shall comply with the following emission 

limits. 

Pollutant Units (7 percent oxygen, 

dry basis) 

Emission limits 

Test Method Averaging 

Time1

Small Medium Large 

Particulate 

matter 

Milligrams per dry 

standard cubic meter 

(grains per dry standard 

cubic foot) 

66 (0.029) 46 (0.020) 25 (0.011) 

EPA Reference 

Method 5 of Appendix 

A-3 of 40 CFR Part 60, 

or EPA reference 

Method 26A or 29 of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1hr 

minimum 

sample time 

per run) 

Opacity 6 minute block average 

percent 10 10 10 

EPA Method 9 and PM 

CEMS. Alternative use 

of PM CEMS as 

stipulated under 40 

CFR §60.56c(b)(9) in 

lieu of EPA Method 9, 

Appendix A-4 or Bag 

leak detection system 

6 minute 

block 

average 

Carbon 

monoxide 

Parts per million by 

volume 20 5.5 11 

EPA Reference 

Method 10 of 

Appendix A-4 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 

per run) 

Dioxins/furans 

Nanograms per dry 

standard cubic meter 

total dioxins/furans 

(grains per billion dry 

standard cubic feet) or 

nanograms per dry 

standard cubic meter 

TEQ (grains per billion 

dry standard cubic feet) 

16 (7.0) or 

0.013 (0.0057) 

0.85 (0.37) or 

0.020 (0.0087) 

9.3 (4.1) or 

0.054 (0.024) 

EPA Reference 

Method 23 of 

Appendix A-7 of 40 

CFR Part 60 

3 run 

average (4 

hr minimum 

sample time 

per run) 

Hydrogen 

chloride 

Parts per million by 

volume 44 7.7 6.6 

EPA Reference 

Method 26 or 26A of 

Appendix A-8 of 40 

CFR Part 60 

3 run 

average (1 

hr minimum 

sample time 
DEPARTMENT OF THE ENVIRONMENT 

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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 

Time1

 Small Medium Large 

Particulate 

matter 

Milligrams per dry standard 

cubic meter (grains per dry 

standard cubic foot) 

66 

(0.029) 34 (0.015) 25 (0.011) 

EPA Reference Method 5 of 

Appendix A-3 of 40 CFR 

Part 60, or EPA reference 

Method 26A or 29 of 

Appendix A-8 of 40 CFR 

Part 60 

3 run average 

(1 hr 

minimum 

sample time 

per run) 

Opacity 6 minute block average percent 6 6 6 

EPA Method 9 and PM 

CEMS. Alternative use of 

PM CEMS as stipulated 

under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, 

Appendix A-4 or Bag leak 

detection system 

6 minute 

block average 
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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 

Nanograms per dry standard 

cubic meter total dioxins/furans 

(grains per billion dry standard 

cubic feet) or nanograms per 

dry standard cubic meter TEQ 

(grains per billion dry standard 

cubic feet) 

16 (7.0) 

or0.013 

(0.0057) 

0.85 

(0.37) 

or0.020 

(0.0087) 

9.3 (4.1) 

or 0.054 

(0.024) 

EPA Reference Method 23 of 

Appendix A-7 of 40 CFR 

Part 60 

3 run 

average(4 hr 

minimum 

sample time 

per run) 

Hydrogen 

chloride 

Parts per million by volume or 

percent reduction 

15 or 

99% 7.7 6.6 

EPA Reference Method 26 or 

26A of Appendix A-8 of 40 

CFR Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

Sulfur dioxide Parts per million by volume 4.2 4.2 9.0 

EPA Reference Method 6 or 

6C of Appendix A-4 of 40 

CFR Part 60 

3 run 

average(1 hr 

minimum 

sample time 

per run) 

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 toxics 

emissions. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.08.08 

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Effective as of November 26, 2012 

(b) The Waste Management Plan shall meet the requirements of 40 CFR §60.55c. 

(c) A revised Waste Management Plan shall be submitted to the Department within 60 days of completion of the required 

initial compliance tests under this regulation. 

(4) Compliance and Performance Testing. 

(a) A person who owns or operates an HMIWI subject to §B of this regulation shall complete the initial and subsequent 

tests which meet the conditions and requirements using test methods and procedures listed under 40 CFR §§60.56c(b)(1) to (b)(6)

and (b)(9) to (b)(14), except for annual fugitive and CO emissions testing requirements, which shall comply with 40 CFR 

§§60.56c(c)(3) and (4). 

(b) In addition to the specified test method, compliance with the emissions limits in §B may be demonstrated by use of 

CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 

(5) Monitoring Requirements. A person who owns or operates an HMIWI subject to §B of this regulation shall comply with 

the monitoring requirements under 40 CFR §60.57c. 

(a) Exemptions. A person may elect to use the exemptions listed under 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6), 

(c)(7), (e)(6) through (10), (f)(7) through (10), (g)(6) through (10), and (h) for HMIWI units subject to .08-2B(1). 

(b) Alternative Compliance Option. A person may elect to use CO CEMS as specified under 40 CFR §60.56c(c)(4) or 

bag leak detection systems as specified under 40 CFR §60.57c(h). 

(6) Reporting and Record-Keeping Requirements. A person who owns or operates an HMIWI subject to §B of this 

regulation shall report to the Department and EPA and maintain records in accordance with the requirements listed in 40 CFR 

Part 60.58c(b)through (g), excluding 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii),(b)(2)(xviii) and (b)(2)(xix). 

C. Emission Limits and Requirements for Small Rural Area HMIWIs. 

(1) A person who owns or operates a small rural area HMIWI for which construction was commenced on or before June 20, 

1996, or for which modification commenced on or before March 16, 1998, shall comply with the following emission limits. 

Pollutant Units (7 percent 

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

 

Particulate 

matter 

Milligrams per dry standard cubic meter 

(grains per dry standard cubic foot) 

197 

(0.086) 

EPA Reference Method 5 of Appendix 

A-3 of 40 CFR Part 60, or EPA 

reference Method 26A or 29 of 

Appendix A-3 of 40 CFR Part 60 

3 run average (1 

hr minimum 

sample time per 

run) 

Opacity 6 minute block average percent 10 

EPA Method 9 and PM CEMS. 

Alternative use of PM CEMS as 

stipulated under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, Appendix A4 or Bag leak detection system 

6 minute block 

average 

Carbon 

monoxide Parts per million by volume 40 EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Dioxins/furans 

Nanograms per dry standard cubic meter 

total dioxins/furans (grains per billion dry 

standard cubic feet) or Nanograms per dry 

standard cubic meter TEQ (grains per 

billion dry standard cubic feet) 

800 (350) 

or 15 (6.6)

EPA Reference Method 23 of 

Appendix A-7 of 40 CFR Part 60 

3 run average(4 

hr minimum 

sample time per 

run) 

Hydrogen 

chloride 

Parts per million by volume or percent 

reduction 3,100 EPA Reference Method 26 or 26A of 

Appendix A-8 of 40 CFR Part 60 

3 run average(1 

hr minimum 
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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 small rural area HMIWI for which construction commenced after June 20, 1996 but 

no later than December 1, 2008, or for which modification was commenced after March 16, 1998 but no later than April 6, 2010, 

shall comply with the following emission limits. 

Pollutant Units (7 percent 

oxygen, dry basis) 

HMIWI 

Emission 

limits 

Test Method Averaging 

Time1

 

Particulate 

matter 

Milligrams per dry standard cubic meter 

(grains per dry standard cubic foot) 87 (0.038)

EPA Reference Method 5 of Appendix 

A-3 of 40 CFR Part 60, or EPA 

reference Method 26A or 29 of 

Appendix A-3 of 40 CFR Part 60 

3 run average (1 

hr minimum 

sample time per 

run) 

Opacity 6 minute block average percent 6 

EPA Method 9 and PM CEMS. 

Alternative use of PM CEMS as 

stipulated under 40 CFR §60.56c(b)(9) 

in lieu of EPA Method 9, Appendix A4 or Bag leak detection system 

6 minute block 

average 

Carbon 

monoxide Parts per million by volume 20 EPA Reference Method 10 of Appendix A-4 of 40 CFR Part 60 

3 run average(1 

hr minimum 

sample time per 

run) 

Dioxins/furans 

Nanograms per dry standard cubic meter 

total dioxins/furans (grains per billion dry 

standard cubic feet) or Nanograms per dry 

standard cubic meter TEQ (grains per 

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 

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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 owns or operates a small rural area HMIWI shall conduct the performance test in accordance with 40 

CFR Part §60.56c, with the following requirement and exemptions: 

(i) The compliance test load and frequency shall be conducive to meeting the 2000 lbs/week limitation. 

(ii) For an HMIWI subject to §C(1) of this regulation, the test methods listed in 40 CFR §§60.56c(b)(7),(8), 

(12),(13)(Pb and Cd), and (14) and the annual PM, CO, and HCl emissions testing requirements under 40 CFR §60.56c(c)(2) and 

the fugitive emissions testing requirements under 40 CFR §60.56c(c)(3) do not apply. 

(iii) For an HMIWI subject to §C(2) of this regulation the annual fugitive emissions testing requirements under 40 

CFR §60.56c(c)(3) do not apply. 

(b) A person who owns or operates a small rural area HMIWI not equipped with an air pollution control device shall: 
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Effective as of November 26, 2012 

(i) Establish the maximum charge rate and minimum secondary chamber temperature as site-specific operating 

parameters during the initial performance test to determine compliance with applicable emission limits as required in 40 CFR 

§60.37e(b)(2). 

(ii) Following the date on which the initial performance test is completed, an owner operator may not operate above 

the maximum charge rate or below the minimum secondary chamber temperature measured as 3-hour rolling averages (calculated 

each hour as the average of the previous 3 operating hours) at any time, except during performance tests. 

(iii) Except as provided in §C(5)(b)(iii) of this regulation, operation of a small rural area HMIWI above the maximum 

charge rate and below the minimum secondary chamber temperature (each measured on a 3-hour rolling average) simultaneously 

shall constitute a violation of the PM, CO, and dioxin/furan emission limits. 

(iv) Operation above the maximum charge rate or below the minimum secondary chamber temperature shall constitute 

a violation of the established operating parameters. 

(v) The owner or operator may conduct a repeat performance test within 30 days of violation of any applicable 

operating parameter to demonstrate that the HMIWI is not in violation of the applicable emission limit. 

(vi) Repeat performance tests conducted pursuant to §C(4)(b)(v) of this regulation shall be conducted after notification 

to the Department. 

(c) In addition to the specified test method, compliance with the emissions limits in §C may be demonstrated by use of 

CEMS or any approved alternative non-EPA test methods allowed under 40 CFR §60.56c(b). 

(5) Monitoring Requirements. 

(a) A person who owns or operates a small rural area HMIWI shall comply with 40 CFR Part §60.57c. 

(b) A person who owns or operates a small rural area HMIWI without an air pollution control device shall comply with 

the following requirements: 

(i) Install, calibrate (to manufacturers' specifications), maintain, and operate a device for measuring and recording the 

temperature of the secondary chamber on a continuous basis, the output of which shall be recorded, at a minimum, once every 

minute throughout operation; 

(ii) Install, calibrate (to manufacturers' specifications), maintain, and operate a device which automatically measures 

and records the date, time, and weight of each charge fed into the HMIWI; and 

(iii) At a minimum, valid monitoring data shall be obtained for 75 percent of the operating hours per day and 90 

percent of the operating hours per calendar quarter that the HMIWI is combusting hospital waste or medical/infectious waste, or

both. 

(c) Exemptions. 

(i) For an HMIWI subject to the requirements of §C(1) of this regulation, the CO CEMS requirements under 40 CFR 

§60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5) through (7) and (d) through (k) 

do not apply. 

(ii) For an HMIWI subject to the requirements of §C(2) of this regulation, CO CEMS requirements under 40 CFR 

§60.56c(c)(4), and the compliance requirements for monitoring listed in 40 CFR §§60.56c(c)(5)(ii) through (v), (c)(6) through 

(10), (e)(6) through (10), (f)(7) through (10), and g(6) through (10) do not apply. 

(6) Reporting and Record-Keeping. A person who owns or operates a small rural area HMIWI shall: 

(a) Maintain records of the annual equipment inspections, any required maintenance, and any repairs not completed 

within10 days of an inspection or the time frame established by the Department; and 

(b) Submit a report signed by the facility manager containing the information recorded under §B(6)(a) of this regulation 

in accordance with the following schedule: 

(i) For a source subject to the permitting requirements under Title V of the federal Clean Air Act, the report shall be 

submitted semiannually. 
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Effective as of November 26, 2012 

(ii) For a source other than one subject to Title V of the federal Clean Air Act, the report shall be submitted annually, 

and not later than 60 days following the year in which the data was collected. 

(c) Those records required by 40 CFR §§60.58c(b)(2)(viii) and (b)(2)(xvii), (b)(2)(xviii), and (b)(2)(xix), and (b)(7) are 

not required under §C(6) of this regulation. 

D. Equipment Inspection Requirements. 

(1) Each HMIWI shall undergo by June 15, 2012 an initial equipment inspection and subsequent annual inspections that at 

a minimum include the following: 

(a) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot flame sensor, as 

necessary; 

(b) Ensure proper adjustment of primary and secondary chamber combustion air, and adjust as necessary; 

(c) Inspect hinges and door latches, and lubricate as necessary; 

(d) Inspect dampers, fans, and blowers for proper operation; 

(e) Inspect HMIWI door and door gaskets for proper sealing; 

(f) Inspect motors for proper operation; 

(g) Inspect primary chamber refractory lining; clean and repair or replace lining as necessary; 

(h) Inspect incinerator shell for corrosion or hot spots, or both; 

(i) Inspect secondary/tertiary chamber and stack and clean as necessary; 

(j) Inspect mechanical loader, including limit switches, for proper operation, if applicable; 

(k) Visually inspect waste bed (grates), and repair or seal, as appropriate; 

(l) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any 

necessary adjustments; 

(m) Inspect air pollution control device or devices for proper operation, if applicable; 

(n) Inspect waste heat boiler systems to ensure proper operation, if applicable; 

(o) Inspect bypass stack components; 

(p) Ensure proper calibration of thermocouples, sorbent feed systems and any other monitoring equipment; and 

(q) Generally observe that the equipment is maintained in good operating condition. 

(2) Within 10 operating days following an equipment inspection, all necessary repairs shall be completed unless the owner 

or operator obtains written approval from the Department for a different date to complete all necessary repairs. 

(3) Each HMIWI shall undergo an equipment inspection annually (within 12 months following the previous annual 

equipment inspection), in accordance with the requirements of §D(1) of this regulation. 

(4) The control device of an HMIWI shall undergo by June 15, 2012, an initial inspection that at a minimum includes the 

following: 

(a) Inspect air pollution control device(s) for proper operation, if applicable; 

(b) Ensure proper calibration of thermocouples, sorbent feed systems, and any other monitoring equipment; 

(c) Generally observe that the equipment is maintained in good operating condition; and 

(d) Within 10 operating days following an air pollution control device inspection, all necessary repairs shall be 

completed unless the owner or operator obtains written approval from the Department establishing a date whereby all necessary 

repairs of the designated facility shall be completed. 

(5) The control device of HMIWI shall undergo an inspection annually (within 12 months following the previous annual 

inspection), in accordance with the requirements of §D(4) of this regulation. 
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Effective as of November 26, 2012 

E. Compliance Schedules. 

(1) A person who owns or operates a HMIWI subject to this regulation shall: 

(a) Comply with all the requirements of §E of this regulation and related 40 CFR Part 62, Subpart V revision 

requirements by June 15, 2012 or as expeditiously as practicable; or 

(b) Submit to the Department and the EPA for approval, a compliance plan by December 15, 2011 that includes the 

following increments of progress: 

(i) Award contracts for control systems or process modifications or orders for purchase of components no later than 

June 15, 2012; 

(ii) Initiate on-site construction or installation of the air pollution control device(s) or process changes no later than 

December 15, 2012; 

(iii) Complete on-site construction or installation of control equipment or process changes by no later than December 

15, 2013; 

(iv) Comply with the requirements of this regulation and related 40 CFR Part 62, Subpart V revision as expeditiously 

as practicable, but no later than October 6, 2014; and 

(v) Complete the compliance testing within 180 days after the final compliance date. 

(2) A person who anticipates an inability to comply with the interim compliance dates described in §E(1)(b)(i)—(iii) of 

this regulation may submit to the Department and the EPA an alternative compliance plan designed to achieve compliance with 

§E(1)(b)(iv)—(v) of this regulation, and shall be bound by such plan upon the Department’s and the EPA's approval. 

F. Compliance Based on Previous Test Results. A person who owns or operates an HMIWI or a small rural area HMIWI 

subject to this regulation may use previous emissions tests to demonstrate compliance with the requirements of this regulation 

provided: 

(1) The test was conducted using the applicable procedures and test methods listed in 40 CFR §60.56c(b) or EPA-accepted 

voluntary consensus standards; 

(2) The HMIWI is to be operated in a manner (e.g., with charge rate, secondary chamber temperature, etc.) that would be 

expected to result in the same or lower emissions than observed during the previous emissions test(s); 

(3) The HMIWI has not been modified such that emissions would be expected to exceed (notwithstanding normal test-totest variability) the results from previous emissions test(s); and 

(4) The previous emissions test(s) were conducted in 1996 or later. 

G. HMIWI Shutdown. 

(1) A person who owns or operates a HMIWI and plans to shutdown rather than comply with the requirements of this 

regulation and amended 40 CFR Part 60 Subpart Ce shall cease operations by June 15, 2012, but not later than October 6, 2014, 

as provided in §G(2) of this regulation. 

(2) A request for an extension of the June 15, 2012 cease operation deadline shall be submitted to the Department by April 

30, 2012 and contain the following information: 

(a) Documentation of the analysis undertaken to support the need for an extension, including a justification for the length 

of the period of the extension; 

(b) An evaluation of the option to transport the waste off site to a commercial medical waste treatment and disposal 

facility on a temporary or permanent basis; and 

(c) A plan that documents measurable and enforceable incremental steps of progress to be taken towards permanent 

facility closure no later than October 6, 2014. 

H. Shut-Down Extension Requests for the Installation of Alternative Treatment Technologies. A person who owns or operates 

an HMIWI and requests an extension to install alternative treatment technologies shall: 

(1) Submit by April 30, 2012 a request to the Department to install alternative treatment technology; 
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Effective as of November 26, 2012 

(2) Initiate onsite construction or installation of alternative technology by December 15, 2012; 

(3) Complete onsite construction or installation by December 15, 2013; 

(4) Shut down the existing HMIWI as expeditiously as practicable but no later than October 6, 2014; and 

(5) Render the existing HMIWI inoperative as expeditiously as practicable. 

.09 Incinerator Operator Training. 

A. Applicability. This regulation applies to any person in this State who owns or operates an incinerator. 

B. Certification and Operation. A person may not operate or allow an incinerator to be operated unless the owner certifies to 

the Department on a form provided by the Department that the incinerator operator: 

(1) Has completed an initial training course approved by the Department which meets the requirements of §C or D of this 

regulation; 

(2) Annually, after initial certification, completes a review course approved by the Department; and 

(3) Is present at all times whenever the incinerator is in operation. 

C. Training Course for Operators of Special Medical Waste or Industrial Waste Incinerators. 

(1) For any incinerator operator who operates a special medical waste incinerator or an industrial waste incinerator, the 

training course shall be the "Hospital Incinerator Operator Training Course" Volumes I—III (EPA-450/3-89-003, EPA-450/3-89-

004, and EPA-450/3-89-010, respectively), Control Technology Center, March 1989, which is incorporated by reference, and 

"Operation and Maintenance of Hospital Medical Waste Incinerators" (EPA-450/3-89-002), Control Technology Center, March 

1989, which is incorporated by reference. 

(2) For the operator of any special medical waste incinerator or an industrial waste incinerator, completing a training course 

means: 

(a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and 

(b) Passing a written test approved by the Department. 

(3) The certified operator shall, after initial training, complete and pass an annual review course approved by the 

Department of at least 1 day (8 hours) duration. 

(4) For an HMIWI subject to the requirements of this chapter, a person is qualified to operate an HMIWI if the person 

passes the training course required in §C(2) and (3) of this regulation and complies with the requirements in 40 CFR §60.53(c)(d). 

(5) An owner or operator of an HMIWI shall maintain documentation of training (operator training manual) on site and 

update the documentation annually at the time of the annual review course. The documentation shall be as specified in 40 CFR 

§60.53c(h). 

(6) The requirements of §C(5) of this regulation shall be effective March 1, 2001. 

D. Training Course for Operators of Municipal Waste Combustors, Sewage Sludge Incinerators, and Hazardous Waste 

Incinerators. 

(1) For any incinerator operator who operates a municipal waste combustor (MWC), sewage sludge incinerator (SSI), or 

hazardous waste incinerator (HWI), the training course shall address the following subjects in detail: 

(a) Overall operation, maintenance, and performance of the facility; 

(b) Start-up and shut-down of the facility; 

(c) Applicable federal, State, and local environmental regulations, and sanctions for violation; 

(d) Policies and procedures for proper and safe plant operations; 

(e) Maintaining records of facility operations; 

(f) Actions to correct upsets or emergencies; 

(g) Control room operations; 

(h) Ash handling and disposal; 
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(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 (MWC) or hazardous waste incinerator (HWI), completing a 

training course means: 

(a) Completing an initial training course approved by the Department of at least 5 days (40 hours) duration; and 

(b) Passing a written test approved by the Department. 

(3) For the operator of any sewage sludge incinerator (SSI), completing a training course means: 

(a) Completing an initial training course approved by the Department of at least 3 days (24 hours) duration; and 

(b) Passing a written test approved by the Department. 

(4) The certified operator shall, after initial training, complete and pass an annual review course approved by the 

Department of at least 1 day (8 hours) duration. 

E. Application for Approval of a Training Course. 

(1) A person may apply for approval of a training course for operators of a special medical waste incinerator or an industrial 

waste incinerator by submitting a written application to the Department on a form provided by the Department. 

(2) A person may apply for approval of a training course for operators of a municipal waste combustor, sewage sludge 

incinerator, or hazardous waste incinerator by submitting a written application to the Department and a copy of the training 

materials which meet the requirements of §D(1) of this regulation. 

(3) The application shall include the following: 

(a) The names and qualifications of persons who will conduct the training and evaluate test results; 

(b) A description of the training facilities and equipment to be used in conducting the training; 

(c) A copy of the test to be administered; and 

(d) A description of the curriculum satisfying the requirements of §C(1) or D(1) of this regulation. 

F. Action on an Application for a Training Course. 

(1) The Department shall acknowledge receipt of an application for approval of a training course within 10 days after 

receiving the application. 

(2) The Department shall act on an application within 60 days after the application is complete. 

(3) The Department shall approve a training course if it meets the following: 

(a) The course substantially satisfies the course contents described in §C or D of this regulation and is updated annually; 

(b) The test to be administered is adequate to show that the operator is capable of operating an incinerator safely and 

properly; 

(c) The person who conducts the training course owns or has access to a classroom facility to conduct classroom 

training; 

(d) The applicant owns or has access to incineration equipment that is similar in design to the equipment for which 

operators will be trained; 

(e) The applicant provides staff that is experienced in training or teaching or experienced in organizing and coordinating 

technical training courses; 

(f) The applicant has direct knowledge of the principles of combustion and incineration or a similar technical field; 

(g) The applicant is familiar with the design, operation, and maintenance of air pollution control devices and equipment 

and instruments used to monitor air pollutants; 
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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 satisfy the required course contents; 

(b) The Department determines that the course instructors are not qualified to conduct the training; or 

(c) The documentation or other information provided by the applicant pertaining to training or testing is fraudulent. 

G. Records and Notification. Within 10 days after training is complete, the person who conducts an approved incinerator 

operator training course shall: 

(1) Notify the Department, in writing, of the names, employee identification numbers, and employer of those incinerator 

operators who have successfully completed the training course; and 

(2) Provide a certificate to each incinerator operator who has satisfactorily completed the training course and has passed the 

required examination. 

H. Operations and Maintenance Manual. 

(1) The owner or operator of a large MWC as defined in Regulation .01B(5-1) of this chapter shall develop and maintain 

on-site an operations and maintenance manual that contains, at a minimum, all of the course content requirements in §D(1) of this 

regulation and in 40 CFR §60.54b(e). 

(2) The operations and maintenance manual shall be updated annually. 

Administrative History 

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

Regulations .01B, .04A and B, and .05A and B amended; .01D and .06 adopted effective March 25, 1984 (11:3 Md. R. 202) 

Regulations .01C, .03A, .04C, and .05A amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .01, .03, .04, and .05 amended effective December 3, 1984 (11:22 Md. R. 1899) 

Regulation .05A amended effective January 18, 1982 (8:25 Md. R. 1995) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.08 to COMAR 26.11.08 

Regulation .01 amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); 

November 17, 1997 (24:23 Md. R. 1612) 

Regulation .01B amended effective April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); October 8, 2007 (34:20 Md. R. 1741); April 2, 

2012 (39:6 Md. R. 411) 

Regulation .02 amended effective December 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612) 

Regulation .02B amended effective November 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .02D, E amended effective October 8, 2007 (34:20 Md. R. 1741) 

Regulation .02G amended effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .02I adopted effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .03C amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689) 

Regulation .04A amended effective November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707) 

Regulation .04C amended effective November 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653) 

Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); 

September 12, 2005 (32:18 Md. R. 1522) 

Regulation .05B amended effective April 22, 1991 (18:6 Md. R. 689) 

Regulation .07 adopted effective December 2, 1988 (15:22 Md. R. 2556) 

Regulation .07 amended effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .07A amended effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .07D amended effective July 22, 1991 (18:13 Md. R. 1484) 

Regulation .07E amended effective July 16, 1990 (17:11 Md. R. 1344); July 22, 1991 (18:13 Md. R. 1484); August 19, 1991 (18:16 Md. R. 1813); November 

17, 1997 (24:23 Md. R. 1612) 

Regulation .07 repealed and new Regulation .07 adopted effective September 12, 2005 (32:18 Md. R. 1522) 
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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 November 23, 1992 (19:23 Md. 

R. 2042) 

Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .08 repealed and new Regulation .08 adopted effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .08 amended effective October 8, 2007 (34:20 Md. R. 1741) 

Regulation .08C, D amended effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .08-1 adopted effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .08-1A, B amended effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411) 

Regulation .08-2E amended as an emergency provision effective July 4, 2012 (39:17 Md. R. 1146); amended permanently effective November 26, 2012 (39:23 

Md. R. 1533) 

Regulation .09B, C amended effective April 17, 2000 (27:7 Md. R. 707) 

Regulation .09D amended effective January 1, 1996 (22:26 Md. R. 2032) 

Regulation .09F amended effective November 17, 1997 (24:23 Md. R. 1612) 

Regulation .09H amended effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .10 adopted effective November 23, 1992 (19:23 Md. R. 2042) 

Regulation .10 repealed effective November 17, 1997 (24:23 Md. R. 1612)
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26.11.09 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, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Annual combustion analysis" means the measurement of CO and O2 in the flue gas at the normal operating load and 

calculation of minimum excess air. 

(1-1) "Capacity factor" means: 

(a) The ratio between the actual heat input to fuel burning equipment from the fuels burned during a year and the 

potential heat input if it had been operating for 8,760 hours during the year at the maximum steady state design heat input 

capacity; or 

(b) The ratio of the unit's actual annual electric output, in megawatt hours, to the unit's name plate capacity multiplied by 

8,760 hours. 

(c) For the purpose of this chapter, the selected method of determining the capacity factor of a unit shall apply 

continuously and is determined on a monthly rolling basis for each consecutive 12-month period. 

(d) When either of the procedures in §B(1-1)(a) or (b) of this regulation is selected to determine the capacity factor of a 

unit, that same procedure shall apply for that unit. 

(2) "Clean wood" means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with 

any substance, including but not limited to copper chromium arsenate, creosote, or pentachlorophenol. 

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

(4) "Fuel" means: 

(a) Coal or any other fossil fuel 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 mechanical 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 burning equipment that is designed with an area heat release rate of 1,400,000 Btu 

per hour per square foot or greater. 

(7) "Interruptible gas service" means a gas service negotiated between the user and a utility company under the jurisdiction 

of the Maryland Public Service Commission in which the utility company reserves the right upon determining that gas supplies 

are inadequate for normal distribution: 

(a) To interrupt the gas supply after notification; or 

(b) To limit the gas supply by automatic interruption. 

(8) "Operating time" means, for the purpose of determining compliance or non-compliance with this chapter, the actual time 

in hours that an affected unit operates, beginning when operation of the draft fans is established and ending when feed of the 

primary fuel to the combustion chamber is discontinued. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of September 16, 2011 

(9) "Manufacturer" means a person who imports, manufactures, assembles, or produces a small wood boiler. 

(10) "Off-specification used oil" means used oil that exceeds one or more of the specifications in Regulation .10B of this 

chapter. 

(11) "On-specification used oil" means used oil that meets all of the specifications in Regulation .10B of this chapter. 

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

for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 

(13) "Rotary cup burner" means a fuel oil burner which employs a rotating cup to atomize and mix fuel oil with air for 

combustion. 

(14) "Small wood boiler" means a fuel-burning device: 

(a) With a rated thermal output of less than 350,000 Btu per hour; 

(b) Designed to burn clean wood or other approved solid fuels; 

(c) That the manufacturer specifies for outdoor installation or indoor installation; and 

(d) That distributes heated fluid through pipes for the purpose of supplying heat and/or hot water to building spaces. 

(15) "Space heater" means fuel-burning equipment that consumes more than 60 percent of its annual fuel during the period 

from October 31 of one year through March 31 of the following year. For the purpose of this regulation, annual fuel use is the 

total fuel consumed during the period October 1 of one year to September 30 of the following year, beginning October 1, 1989. 

(16) "System" means all combustion equipment owned or operated by a single business entity. 

(17) "Used oil" means oil that has been refined from crude oil, or any synthetic oil, that has been used and, as result of the 

use, is contaminated by physical or chemical impurities. 

(18) "Waste combustible fluid (WCF)" means a fluid waste material that: 

(a) Is not used oil; 

(b) Has been approved by the Department in accordance with the requirements in COMAR 26.13.02 to be burned as fuel 

in any fuel-burning equipment or other installation; and 

(c) Has a heating value of 6,000 Btu or more per pound. 

.02 Applicability. 

A. Any source which is subject to the provision of this chapter is also subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific installation which differs from the general emission standards in 

COMAR 26.11.06.01—.09, this chapter takes precedence. 

B. A person who proposes to burn as fuel any used oil or WCF that contains quantifiable levels of PCB (2ppm) may also be 

subject to federal requirements under 40 CFR 761. 

.03 General Conditions for Fuel-Burning Equipment. 

A. When two or more fuel-burning equipment units are connected to a single stack, the combined heat input of all units 

connected to the stack shall be used to determine the allowable emissions for the stack. 

B. When a single fuel-burning equipment unit is connected to two or more stacks, the allowable emissions from all the stacks 

combined may not exceed that allowable for the same unit if connected to a single stack. 

C. Calculations. 

(1) All calculations of particulate matter emissions to determine compliance with a concentration requirement expressed as 

grains per standard cubic foot or milligrams per cubic meter of dry exhaust gas, shall be corrected to 50 percent excess air. 

(2) All calculations of particulate matter emissions to determine compliance with a mass emissions requirement expressed 

as pounds particulate matter per million Btu, shall be made in accordance with the procedures for determining particulate matter 

emission rates in 40 CFR Part 60 Appendix A, Method 19. 
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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 apply in Areas I, II, V, and VI: 

(1) A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace 

has a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual oil may not be used at any time in any of 

this fuel-burning equipment having a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. 

(2) Except as provided in §C, of this regulation: 

(a) A person may not construct solid fuel-burning equipment that has a rated heat input of less than 13 million Btu (13.7 

gigajoules) per hour. 

(b) A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972, having a 

rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. 

(3) A person may not construct fuel-burning equipment fitted with a rotary cup burner or replace a burner with a rotary cup 

burner. 

B. Areas III and IV. Except as provided in Regulation .11 of this chapter, the following apply in Areas III and IV: 

(1) A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace 

has a heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual fuel oil may not be used at any time in any such 

furnace having a heat input rate of less than 13 million Btu (13.7 gigajoules) per hour. 

(2) Except as provided in §C, of this regulation: 

(a) A person may not construct solid fuel-burning equipment that has a rated heat input of less than 35 million Btu (37 

gigajoules) per hour. 

(b) A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972 having a 

rated heat input of less than 35 million Btu (37 gigajoules) per hour. 

(3) A person may not construct fuel-burning equipment designed to burn fuel oil with a rotary cup burner or replace a 

burner on fuel-burning equipment with a rotary cup burner. 

C. Exceptions. 

(1) Fuel-Burning Equipment on Ships. 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 prohibitions in §A(2) or §B(2), of this regulation, if the 

Department determines that: 

(a) There will be no violation of ambient air quality standards or Prevention of Significant Deterioration (PSD) 

requirements; 

(b) There will be no violation of applicable emission standards; 

(c) There is minimum potential for creation of a nuisance; and 

(d) There is reasonable assurance of fuel quality control. 

(3) Application. 

(a) A person may request exception under this section by submitting an application in writing. 

(b) The application shall include the following information: 

(i) Description of the proposed construction or modification, including the type and manufacturer of the fuel-burning 

equipment, fuel specifications, expected annual fuel consumption, type and manufacturer of any control equipment, and stack 

height. 

(ii) A contour map of the area (such as a U.S.G.S. 7.5 minute quadrangle map), a drawing of the property lines, the 

distance to the closest building not owned by the applicant, and a description of the surrounding area including major terrain 

features and building heights within 500 meters of the proposed construction. 

(iii) Any other information requested by the Department. 
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(4) Action on an Application. Within 30 days after receipt of a completed application, the Department will either deny the 

request for an exception or notify the applicant of its determination to proceed. 

(5) Opportunity for Public Comment. 

(a) Within 10 days after notification by the Department of a determination to proceed with the application for an 

exception, the applicant shall notify the public by prominent advertisement in at least one newspaper of general circulation in the 

area affected. 

(b) The advertisement shall be at the expense of the applicant, in a format approved by the Department, and shall include 

a brief summary of the nature of the proposed source and a statement that an exception has been requested to allow the use of 

solid fuel, a statement that the public has 30 days to comment on the request for an exception after the advertisement publication 

date, the place where the relevant documents may be inspected, the name of a person to contact for further information, and the

address to which the comments may be sent. 

(6) Denial or Approval of an Application. 

(a) Within 60 days after the comment period, the Department will issue its final determination in the form of an order. 

(b) The Department will deny an application for an exception if it determines that the proposed use of solid fuel will not 

satisfy the criteria in §C(2), of this regulation. The Department will specify the reasons for the denial. 

(c) If the application is approved, the order will specify any reasonable conditions or special control measures to be taken 

by the source to minimize emissions. 

.05 Visible Emissions. 

A. Fuel Burning Equipment. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person may not cause or permit the discharge of emissions from any 

fuel burning equipment, other than water in an uncombined form, which is greater than 20 percent opacity. 

(2) Areas III and IV. In Areas III and IV, a person may not cause or permit the discharge of emissions from any fuel 

burning equipment, other than water in an uncombined form, which is visible to human observers except that, for the purpose of 

demonstrating compliance using COM data, emissions that are visible to a human observer are those that are equal to or greater 

than 10 percent opacity. 

(3) Exceptions. Section A(1) and (2) of this regulation do not apply to emissions during load changing, soot blowing, 

startup, or adjustments or occasional cleaning of control equipment if: 

(a) The visible emissions are not greater than 40 percent opacity; and 

(b) The visible emissions do not occur for more than 6 consecutive minutes in any sixty minute period. 

(4) Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is subject 

to the requirement to install and operate a COM shall demonstrate compliance with the applicable visible emissions limitation 

specified in §A(1) and (2) of this regulation as follows: 

(a) For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if visible 

emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4 percent of 

the unit's operating time in any calendar quarter, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units equipped 

with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two (2) six-minute periods; 

(b) For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if visible 

emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 2 percent of 

the unit's operating time in any calendar quarter, during which time visible emissions: 
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(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) six-minute periods, except that coal-fired units equipped 

with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods; 

(c) For units with a capacity factor equal to or less than 25 percent that operate more than 300 hours per quarter, 

beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved 

if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 20.0 hours, during which time 

visible emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70 percent for more than four 6-minute periods; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods; and 

(d) For units with a capacity factor equal to or less than 25 percent that operate 300 hours or less per quarter, beginning 

July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during 

a calendar quarter, visible emissions do not exceed the applicable standard for more than 12.0 hours, during which time visible

emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70.0 percent opacity for more than four 6-minute periods; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation 

for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do 

not exceed 70.0 percent opacity for more than two 6-minute periods. 

(5) Notwithstanding the requirements in §A(4) of this regulation, the Department may determine compliance and 

noncompliance with the visible emissions limitations specified in §A(1) and (2) of this regulation by performing EPA reference 

Method 9 observations. 

(6) In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any ambient 

air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, or 63, as amended. 

B. Determining Violations. 

(1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a calendar 

quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as applicable, exceeds the 

emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a separate day of violation. 

(2) A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), of this 

regulation, as applicable, that occur on the same day shall constitute separate violations. 

(3) A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation. 

C. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning equipment 

subject to any federal requirement that mandates operation of a COM and as provided in §D of this regulation, the owner or 

operator of fuel burning equipment required to install and operate a COM may discontinue the operation of the COM on fuel 

burning equipment that is served by a flue gas desulfurization device: 

(1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment; 

(2) When the flue gas desulfurization device serving the equipment is in operation; 
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(3) If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, as 

amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from the equipment 

and would impede the accuracy of opacity measurements; and 

(4) If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring opacity 

levels and particulate matter emissions from the stack that includes: 

(a) A schedule for monthly observations of visible emissions from the stack by a person trained to perform Method 9 

observations; and 

(b) Installation and operation of a particulate matter CEM that complies with all applicable State and federal 

requirements for particulate matter CEMs. 

D. If, for units equipped with a flue gas desulfurization device, emissions bypass the device and are discharged through a 

bypass stack, the bypass stack shall be equipped with a COM approved by the Department. 

E. Stationary Internal Combustion Engine Powered Equipment. 

(1) Definitions. For the purpose of this section: 

(a) "Idle" means the condition during which the engine is not performing the useful net work that enables the piece of 

equipment to accomplish its designated purpose. 

(b) "Internal combustion engine" (hereafter "engine") means all engines except those used for propulsion of ships or 

vehicles licensed to operate upon the public highway within the State, or engines employed solely for agricultural and recreational 

purposes unless they are an integral part of a stationary installation. 

(2) Emissions During Idle Mode. A person may not cause or permit the discharge of emissions from any engine, operating 

at idle, greater than 10 percent opacity. 

(3) Emissions During Operating Mode. A person may not cause or permit the discharge of emissions from any engine, 

operating at other than idle conditions, greater than 40 percent opacity. 

(4) Exceptions. 

(a) Section E(2) of this regulation does not apply for a period of 2 consecutive minutes after a period of idling of 15 

consecutive minutes for the purpose of clearing the exhaust system. 

(b) Section E(2) of this regulation does not apply to emissions resulting directly from cold engine start-up and warm-up 

for the following maximum periods: 

(i) Engines that are idled continuously when not in service: 30 minutes; 

(ii) All other engines: 15 minutes. 

(c) Section E(2) and (3) of this regulation do not apply while maintenance, repair, or testing is being performed by 

qualified mechanics. 

.06 Control of Particulate Matter. 

A. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI: 

(1) Fuel Burning Equipment Constructed Before January 17, 1972. A person may not cause or permit particulate matter 

caused by the combustion of solid fuel or residual oil in the fuel burning equipment erected before January 17, 1972, to be 

discharged into the atmosphere in excess of the amounts shown in Figure 1. 

(2) New Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid 

fuel or residual oil in any fuel burning equipment erected on or after January 17, 1972, to be discharged into the atmosphere in 

excess of the amounts shown in Figure 2. 

(3) Exceptions. 

(a) The control officer may grant exceptions to §A(1) of this regulation under the following conditions: 

(i) When the application of §A(1), of this regulation, to a residential building housing two or less families creates 

undue economic hardship on individuals residing in it; or 
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(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system 

such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted 

circulating heaters, fireplaces, or similar devices. 

(b) Fuel burning equipment on ships is exempt from the provisions of this regulation. 

(c) The requirements in Figure 1 and Figure 2 of this chapter do not apply to fuel-burning equipment burning gas or 

distillate oil. 

B. Areas III and IV. The following apply in Areas III and IV: 

(1) Dust-Collector Devices Required. 

(a) A person may not cause or permit the combustion of residual fuel oil in fuel burning equipment unless the equipment 

is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, 

residence time, and particle retention to satisfy the requirements of Table 1. This paragraph does not apply to fuel burning 

equipment where by-product gases or by-product gases in combination with residual fuel oil are burned and where the effluent 

gases do not contain particulate matter in excess of the requirements of Table 1, as applicable to residual oil burning. 

(b) A person may not cause or permit the combustion of solid fuel in fuel burning equipment unless the equipment is 

fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force,

residence time, and particle retention to meet the emission requirements of Table 1. 

(2) Residual Fuel-Oil-Burning Equipment. A person may not cause or permit particulate matter caused by the combustion 

of residual fuel oil to be discharged into the atmosphere in excess of the amounts shown in Table 1. 

(3) Solid Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid 

fuel to be discharged into the atmosphere in excess of the amounts shown in Table 1. 

(4) Gas or Distillate Fuel-Oil-Burning Equipment. The requirements in Table 1 do not apply to gas or distillate oil fuelburning equipment. 

(5) Rotary Cup Burners. A person may not cause or permit the operation of a rotary cup burner on fuel-oil burning 

equipment having a maximum rated heat input of 13.0 million BTU (13.7 gigajoules) per hour or less, unless the fuel burning 

equipment operates on less than 60 days per calendar year. 

(6) Exceptions. 

(a) Fuel burning equipment burning gas with an interruptible gas service is exempt from the provisions of §B(1) and (2) 

of this regulation. 

(b) Fuel oil burning equipment which has been fitted with a dust collector or for which a dust collector contract has been 

let before July 1, 1974, is exempt from the provisions of §B(5) of this regulation. 

(c) The control officer may grant exceptions to §B(3) and (4) of this regulation under the following conditions: 

(i) When the application of either requirement to a residential building housing two or less families creates undue 

economic hardship on individual families residing there; or 

(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system 

such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted 

circulating heaters, fireplaces, or similar devices. 

(d) Fuel burning equipment on ships is exempt from the provisions of this regulation. 

C. Determination of Compliance. Compliance with the particulate matter emissions standards in this regulation shall be 

calculated as the average of 3 test runs using EPA Test Method 5 or other United States Environmental Protection Agency test 

method approved by the Department. 

D. Small wood boilers 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 otherwise exceeds the following limitations: 
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(1) In Areas I, II, V, and VI: 

(a) The combustion of all solid fuels on a premises where the sum total maximum rated heat input of all fuel burning 

equipment located on the premises is 100 million Btu (106 gigajoules) per hour or greater may not result in a total emission of

oxides of sulfur in excess of 3.5 pounds per million Btu (1.50 kilograms per gigajoule) actual heat input per hour; 

(b) Residual fuel oils, 2.0 percent; 

(c) Distillate fuel oils, 0.3 percent; 

(d) Process gas used as fuel, 0.3 percent. 

(2) In Areas III and IV: 

(a) All solid fuels, 1.0 percent; 

(b) Distillate fuel oils, 0.3 percent; 

(c) Residual fuel oils, 1.0 percent. 

B. Exceptions. 

(1) Fuel containing sulfur in excess of the amounts specified in §A of this regulation may be burned, sold, or made 

available for sale provided control equipment to desulfurize stack gases has been installed or other methods or devices are 

employed by the user or purchaser such that the discharge of sulfur dioxide to the atmosphere does not exceed that which would 

occur if fuels meeting the sulfur requirements of §A of this regulation were burned. 

(2) Fuel burning installations on ships and the sale of fuel for these installations are exempt from the provisions of this 

regulation pertaining to the burning of fuel of specified sulfur content. 

(3) For any premises located in Area I, for which the Department determines that compliance with this regulation will cause 

or exacerbate a violation of the National Ambient Air Quality Standards or federal Prevention of Significant Deterioration of Air 

Quality increments, the applicable emission standard is as follows: 

(a) For solid fuel, 1.8 pounds oxides of sulfur per million Btu (0.75 kilogram per gigajoule) actual heat input per hour; 

(b) For residual oil, 1.0 percent sulfur content by weight. 

(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 NOx Emissions for Major Stationary Sources. 

A. Applicability. 

(1) This regulation applies to a person who owns or operates an installation that causes emissions of NOx and is located at 

premises that have total potential to emit: 

(a) 25 tons or more per year of NOx and is located in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, 

Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; or 

(b) 100 tons or more per year of NOx and is located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. 

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

(2) Except as otherwise indicated, the emissions standards and requirements in this regulation apply at all times. 

B. General Requirements and Conditions. 

(1) Emission Standards and Requirements. 

(a) A person who owns or operates an installation that causes NOx emissions subject to this regulation is in compliance 

with this regulation if the person establishes compliance with the emissions standards in §B(1)(c) of this regulation. 
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(b) Any other person subject to this regulation shall comply with the applicable source specific requirements in §§C—J 

of this regulation. 

(c) Emission Standards in Pounds of NOx per Million Btu of heat input. 

Fuel Tangential- Fired Wall-Fired 

Gas only 0.20 0.20 

Gas/Oil 0.25 0.25 

Coal (dry bottom) 0.38 0.38 

Coal (wet bottom) 1.00 1.00 

(2) Demonstration of Compliance. 

(a) A person subject to a NOx emission standard in this regulation shall demonstrate compliance as follows: 

(i) For installations equipped with a CEM, compliance with the NOx emissions standards in this regulation shall be 

established using CEM data; or 

(ii) For all other installations, compliance with the NOx emissions standards in this regulation shall be established by 

stack tests using Method 07 of the test methods referenced in COMAR 26.11.01.04C(1) or other test methods approved by the 

Department and the EPA. 

(b) CEMs shall be certified in accordance with 40 CFR Part 60, Appendix B, or Part 75, Appendix A. 

(c) CEMs shall meet the quality assurance criteria in 40 CFR Part 60, Appendix F, or, for sources subject to Title IV of 

the Clean Air Act (Acid Rain), the quality assurance criteria in 40 CFR Part 75, Appendix B. 

(d) Except as otherwise established by the Department and approved by the EPA, for a person who establishes 

compliance with the NOx emissions standards in this regulation using a CEM, compliance shall be determined as 30-day rolling 

averages. 

(e) For a person who establishes compliance using a stack test, compliance shall be determined as averages of the stack 

test duration. 

(3) Alternative Standard. 

(a) A person who is subject to a source specific NOx emission standard under this regulation may propose an alternative 

standard for approval by the Department. Approval by the EPA is also required for an alternative standard approved by the 

Department. 

(b) A person who proposes an alternative emission standard for approval shall provide the following information to the 

Department: 

(i) Uncontrolled NOx emissions for the installation established with a CEM, or stack tests obtained during steady state 

operation; 

(ii) Stack tests or other data from an existing similar installation demonstrating that the applicable standard cannot be 

met; 

(iii) Identification of all proposed combustion modifications, fuel conversions, or other equipment or process 

modifications proposed for implementation to meet the alternative standard; and 

(iv) Equipment vendor costs from other facilities and other information that demonstrates, to the satisfaction of the 

Department, that the cost of complying with the emission standard in this regulation is unreasonable as compared to the cost of

meeting an alternative standard. 

(4) Emissions Averaging. 

(a) Instead of meeting the source specific emission standards set forth in §§C—F of this regulation, a person who owns 

or operates more than one installation subject to this regulation may achieve compliance by meeting an overall source or systemwide NOx emission reduction that is equivalent to or greater than the NOx emission reduction that would be achieved if each 

individual installation complied with applicable requirements. 
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(b) A person who proposes to comply with this regulation by averaging the emissions of two or more installations 

(separate stacks) shall submit a proposal to the Department for approval. 

(c) Any proposal for emissions averaging approved by the Department is not an acceptable means of compliance until 

the proposal is also approved by the EPA as a revision to the State Implementation Plan (SIP). 

(d) A person who proposes to average emissions to comply with this regulation shall: 

(i) Have the capability to continuously monitor NOx emissions for each installation to be included in the emissions 

averaging; and 

(ii) Demonstrate to the Department that on each day of operation the total plant or system-wide NOx emissions are 

equal to or less than the NOx emissions that would be discharged if each installation met the applicable emission standard in this 

regulation. 

(5) Operator Training. 

(a) For purposes of this regulation, the equipment operator to be trained may be the person who maintains the equipment 

and makes the necessary adjustments for efficient operation. 

(b) The operator training course sponsored by the Department shall include an in-house training course that is approved 

by the Department. 

C. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 Million Btu Per Hour or Greater. 

(1) A person who owns or operates fuel-burning equipment with a rated heat input capacity of 250 Million Btu per hour or 

greater shall equip each installation with combustion modifications or other technologies to meet the NOx emission rates in §C(2) 

of this regulation. 

(2) The maximum NOx emission rates as pounds of NOx per Million Btu per hour are: 

(a) 0.45 for tangentially coal fired units located at an electric generating facility (excluding high heat release units); 

(b) 0.50 for wall coal fired units located at an electric generating facility (excluding high heat release units); 

(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 burning equipment with a rated heat input capacity of 250 Million Btu per hour or 

greater shall install, operate, calibrate, and maintain a certified NOx CEM or an alternative NOx monitoring method approved by 

the Department and the EPA on each installation. 

D. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of Less than 250 Million Btu Per Hour and 

Greater than 100 Million Btu Per Hour. 

(1) Equipment Specifications and Standards. 

(a) A person who owns or operates coal fired fuel-burning equipment with a rated heat input capacity of less than 250 

Million Btu per hour and greater than 100 Million Btu per hour shall install and operate in accordance with the manufacturer's 

specifications, combustion modifications, or other technologies to meet an emission rate of 0.65 pounds of NOx per Million Btu 

per hour. 

(b) All other fuel burning equipment with a rated heat input capacity of less than 250 Million Btu per hour and greater 

than 100 Million Btu per hour shall meet the NOx emission rates set forth in §B(1)(c) of this regulation. 
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(2) Exceptions. The requirements in §D(1) of this regulation do not apply to a space heater as defined in Regulation .01B of 

this chapter or to fuel-burning equipment subject to §G of this regulation. 

E. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 Million Btu Per Hour or Less. A 

person who owns or operates fuel-burning equipment with a rated heat input capacity of 100 Million Btu per hour or less shall: 

(1) Submit to the Department an identification of each affected installation, the rated heat input capacity of each 

installation, and the type of fuel burned in each; 

(2) Perform a combustion analysis for each installation at least once each year and optimize combustion based on the 

analysis; 

(3) Maintain the results of the combustion analysis at the site for at least 2 years and make this data available to the 

Department and the EPA upon request; 

(4) Once every 3 years, require each operator of the installation to attend operator training programs on combustion 

optimization that are sponsored by the Department, the EPA, or equipment vendors; and 

(5) Prepare and maintain a record of training program attendance for each operator at the site, and make these records 

available to the Department upon request. 

F. Requirements for Space Heaters. 

(1) A person who owns or operates a space heater as defined in Regulation .01B of this chapter shall: 

(a) Submit to the Department a list of each affected installation on the premises and the types of fuel used in each 

installation; 

(b) Develop an operating and maintenance plan to minimize NOx emissions based on the recommendations of equipment 

vendors and other information including the source's operating and maintenance experience; 

(c) Implement the operating and maintenance plan and maintain the plan at the premises for review upon request by the 

Department; 

(d) Require installation operators to attend in-State operator training programs once every 3 years on combustion 

optimization that are sponsored by the Department, the EPA, or equipment vendors; and 

(e) Prepare and maintain a record of training program attendance for each operator at the site and make these records 

available to the Department upon request. 

(2) A person who owns or operates an installation that no longer qualifies as a space heater shall inform the Department not 

later than 60 days after the date when the fuel-burning equipment did not qualify, and shall meet the applicable fuel-burning 

equipment RACT requirement in this regulation. 

G. Requirements for Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less, and Combustion Turbines with a 

Capacity Factor Greater than 15 Percent. 

(1) A person who owns or operates fuel-burning equipment with a capacity factor (as defined in 40 CFR Part 72.2) of 15 

percent or less shall: 

(a) Provide certification of the capacity factor of the equipment to the Department in writing; 

(b) For fuel-burning equipment that operates more than 500 hours during a calendar year, perform a combustion analysis 

and optimize combustion at least once annually; 

(c) Maintain the results of the combustion analysis at the site for at least 2 years and make these results available to the 

Department and the EPA upon request; 

(d) Require each operator of an installation, except combustion turbines, to attend operator training programs at least once 

every 3 years, on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and 

(e) Maintain a record of training program attendance for each operator at the site, and make these records available to the 

Department upon request. 
DEPARTMENT OF THE ENVIRONMENT 

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(2) A person who owns or operates a combustion turbine with a capacity factor greater than 15 percent shall meet an hourly 

average NOx emission rate of not more than 42 ppm when burning gas or 65 ppm when burning fuel oil (dry volume at 15 percent 

oxygen) or meet applicable Prevention of Significant Deterioration limits, whichever is more restrictive. 

H. Requirements for 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 NOx emissions. 

(2) NOx emissions from cement manufacturing kilns may not exceed the following total hourly NOx 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) NOx emissions from municipal waste combustors may not exceed the NOx emissions standards in COMAR 26.11.08.08 

(205 ppm 24-hour average) or applicable Prevention of Significant Deterioration limits, whichever is more restrictive. 

(4) NOx emissions from hospital, medical, and infectious waste incinerators as defined in COMAR 26.11.08.01B(18) may 

not exceed the NOx emission standards in COMAR 26.11.08.08-1A(2) (250 ppm 24-hour average) as applicable. 

I. Requirements for Glass Melting Furnaces 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 Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx. A person who 

owns or operates any installation other than fuel-burning equipment that causes NOx emissions shall: 

(1) Maintain good operating practices as recommended by the equipment vendor to minimize NOx emissions; 

(2) Prepare and implement a written in-house training program for all operators of these installations that include 

instruction on good operating and maintenance practices for the particular installation; 

(3) Maintain and make available to the Department, upon request, the written in-house operator training program; 

(4) Burn only gas in each installation, where gas is available, during the period May 1 through September 30 of each year; 

and 

(5) Maintain operator training attendance records for each operator at the site for at least 2 years and make these records 

available to the Department upon request. 

K. Reporting Requirements. 

(1) When demonstration of compliance with the NOx emission standards in this regulation is based on CEM data, quarterly 

emission reports shall be submitted to the Department on or before the thirtieth day of the month following the end of each 

calendar quarter. 

(2) When compliance with this regulation is demonstrated by a stack test, the results of the stack tests required by this 

regulation shall be submitted to the Department within 45 days after completion of the test. 
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(3) A person subject to this regulation shall maintain annual fuel use records on site for not less than 3 years, and make 

these records available to the Department upon request. 

.09 Tables and Diagrams. 

Table 1 

Emission Standards and Dust Collector Performance 

Standards for Fuel-Burning Equipment

Equipment Description 

Max. Rated Heat Input

in million Btu (gigajoules)

per hour per furnace 

Max. Allowable Emissions 

of Part. Matter— 

gr/scfd(mg/dscm) 

Existing and new equipment

burning residual oil 

Less than 13 (13.7) 

13—50 (13.7—52.8) 

50—250 (52.8—265) 

No Requirement (a) 

0.03 (69) 

0.020 (46) 

Existing and modified 

equipment (b) burning 

residual oil 

Greater than 250 (265) 0.020 (46) 

New equipment burning 

residual oil 

Greater than 250 (265) 0.01 (23) 

Equipment burning 

solid fuel (c): 

Existing (b) 

New 

New and Existing 

Less than 250 (264) 

Less than 250 (264) 

250 (264) and Greater 

0.05 (114) 

0.03 (69) 

0.03 (69) 

(a) Construction of residual oil fired units of less than 13 million Btu (13.7 gigajoules) per hour prohibited (see 

Regulation .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. 
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Notes: 

1. The construction of new residual oil fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited 

under Regulation .04. 

2. The construction of new solid fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited unless an 

exception has been approved by the Department (see Regulation .04). 

3. New fuel-burning equipment over 250 MM Btu (263.8 gigajoules) per hour are regulated by NSPS source regulations 

COMAR 26.11.06.12. 
DEPARTMENT OF THE ENVIRONMENT 

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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 content, the PCB concentration, and the flash 

point. 

(2) A person who burns fuel oil in fuel-burning equipment with a rated heat input capacity less than 50 million Btu per hour 

in accordance with a permit to construct or a registration pursuant to COMAR 26.11.02.02A may burn on-specification used oil in

that equipment after submitting the information in §A(1) of this regulation. 

(3) A person who is burning used oil or WCF under a current written approval from the Department may continue to burn 

the approved material if: 

(a) The person demonstrates that any WCF being burned satisfies the definition of that term in Regulation .01B(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 notwithstanding any applicable conditions in permits issued by the 

Department, a person may burn off-specification used oil only in those installations listed at 40 CFR §279.12(c). 

(7) The requirement to burn off-specification used oil only in those installations listed at 40 CFR §279.12(c) does not apply 

if the used oil is off-specification only because of the sulfur content. 

B. Specifications for Used Oil. 

(1) Except as provided in §B(2) of this regulation, used oil specifications are as follows: 

Material Allowable Level 

(a) Lead 100 ppm 

(b) Total halogens 1,000 ppm 
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(c) Arsenic 5 ppm 

(d) Cadmium 2 ppm 

(e) Chromium 10 ppm 

(f) Flash point 100°F minimum 

(g) Sulphur content 0.5 weight percent 

 (2) For used oil that satisfies the rebuttable presumption for halogens at 40 CFR §279.10(b)(1)(ii) and 40 CFR §279.63, the 

maximum allowable level for halogens is 4,000 ppm. 

C. Additional Requirements for Burning Used Oil or WCF Containing Polychlorinated Biphenyls (PCBs). 

(1) Used oil or WCF containing quantifiable levels of PCB (i.e. 2 ppm or greater, but less than 50 ppm) may be burned only 

in those installations listed at 40 CFR §279.12(c) or 40 CFR §761. 

(2) Used oil or WCF with a PCB concentration of 50 ppm or greater is hazardous waste and may only be burned in 

accordance with the requirements in COMAR 26.13.07 and 40 CFR §761. 

D. Reporting Requirements. By April 1of each year, a person subject to this regulation shall submit a report, in accordance 

with COMAR 26.11.01.05C, that provides information on: 

(1) The quantity of used oil or WCF burned during the previous year; and 

(2) The equipment in which the used oil or WCF was burned. 

.11 Control of Particulate Matter from Small Wood Boilers. 

A. Applicability. 

(1) Except as provided in this regulation, the requirements of this regulation apply to a person who sells, offers for sale, 

supplies, distributes, manufactures, installs, operates, or causes to be operated a small wood boiler for use in the State. 

(2) The provisions of this regulation do not apply to a person who sells, offers for sale, installs, supplies, distributes, or 

manufactures for use a small wood boiler if the person demonstrates that the: 

(a) Small wood boiler is intended for shipment and use outside of the State; and 

(b) Person has taken reasonable prudent precautions to assure that the small wood boiler is not distributed to or within 

the State. 

B. Incorporation by Reference. 

(1) In this regulation, the following documents are incorporated by reference. 

(2) Documents Incorporated. 

(a) U.S. EPA Test Method 28 OWHH for Measurement of Particulate Emissions and Heating Efficiency of Outdoor 

Wood-Fired Hydronic Heating Appliances, revised March 16, 2007. 

(b) ASTM Designation: ASTM E 2618—08 Standard Test Method for Measurement of Particulate Emissions and 

Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating Appliances, approved July 1, 2008. 

(c) 40 CFR Part 60, Appendix A, Test Methods 1-5 and 40 CFR Part 51, Appendix M, Test Method 202. 

C. Requirements for the Sale, Supply, Distribution, and Manufacture of Small Wood Boilers for use in the State. 

(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 

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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 does not have a permanent label that: 

(i) Is permanently affixed in a readily visible or accessible location; 

(ii) Is at least 3 1/2 inches long and 3 inches wide; 

(iii) Is made of a material expected to last the lifetime of the unit; and 

(iv) Displays information specified in §C(2)(a)(i)—(vi) of this regulation in a manner that will remain legible for the 

lifetime of the unit. 

(3) Certification. 

(a) A person may not sell, offer for sale, supply, install, distribute, or manufacture a small wood boiler for use in the 

State, unless the Department has issued a certification to the manufacturer that the small wood boiler, or the wood boiler model 

line to which it belongs, complies with the particulate matter emissions standards specified in §C(1) of this regulation. 

(b) In order to obtain certification of a small wood boiler, the manufacturer of the wood boiler shall conduct an emissions 

test and provide the results in writing to the Department. 

(c) The test for certification shall be performed in accordance with the test methods listed under §B of this regulation or 

any alternative method approved by the Department. 

(d) Unless revoked by the Department, a certification issued remains valid for 5 years from the date of issuance. 

D. Requirements and Standards for Owners and Operators. 

(1) A person owning or operating a small wood boiler may not operate or cause to be operated in the State a small wood 

boiler that does not comply with the emission standards in §C(1) of this regulation. 

(2) A person who owns or operates a small wood boiler shall use only the following as fuel when operating a small wood 

boiler in the State: 

(a) Clean wood; 

(b) Wood pellets made from clean wood; or 

(c) Other fuels approved by the Department. 

(3) A person who owns or operates a small wood boiler may not burn or use for fuel any of the following items when 

operating a small wood boiler in the State: 

(a) Any wood that does not meet the definition of clean wood; 

(b) Garbage; 

(c) Tires; 

(d) Lawn clippings or yard waste; 

(e) Materials containing plastic; 

(f) Materials containing rubber; 

(g) Waste petroleum products; 

(h) Paints or paint thinners; 

(i) Chemicals; 
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(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, 1980, see the Administrative History of COMAR 26.11.01 

Tables and Diagrams codified as Regulation .09 

—————— 

Chapter recodified from COMAR 10.18.09 to COMAR 26.11.09 

Regulation .01 amended effective May 10, 1993 (20:9 Md. R. 781); June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); September 7, 1998 

(25:18 Md. R. 1438); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .01B amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .01B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. 

R. 839) 

Regulation .01B amended effective May 18, 2009 (36:10 Md. R. 718); May 17, 2010 (37:10 Md. R. 724); September 20, 2010 (37:19 Md. R. 1285); June 13, 

2011 (38:12 Md. R. 708); August 22, 2011 (38:17 Md. R. 1014); September 19, 2011 (38:19 Md. R. 1148) 

Regulation .02 amended effective September 19, 2011 (38:19 Md. R. 1148) 

Regulation .02B, C adopted effective September 7, 1998 (25:18 Md. R. 1438) 

Regulation .03C amended effective June 21, 2004 (31:12 Md. R. 914) 

Regulation .04A, B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 

Md. R. 839) 

Regulation .05 amended effective November 11, 2002 (29:22 Md. R. 1724); May 17, 2010 (37:10 Md. R. 724) 

Regulation .05A amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .05A, E amended effective August 22, 2011 (38:17 Md. R. 1014) 

Regulation .06 amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .06C adopted effective June 21, 2004 (31:12 Md. R. 914) 

Regulation .06D adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 

839) 

Regulation .08 repealed and new Regulation .08 adopted effective May 10, 1993 (20:9 Md. R. 781) 

Regulation .08 amended effective June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); October 18, 1999 (26:21 Md. R. 1631); September 18, 

2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .08A amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .08-1 adopted effective May 18, 2009 (36:10 Md. R. 718) 

Regulation .08-1 amended effective September 20, 2010 (37:19 Md. R. 1285) 

Regulation .08-1 repealed effective June 13, 2011 (38:12 Md. R. 708) 

Regulation .09 amended effective November 11, 2002 (29:22 Md. R. 1724) 

Regulation .10 adopted effective September 7, 1998 (25:18 Md. R. 1438) 
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Effective as of September 16, 2011 

Regulation .10 amended effective September 19, 2011 (38:19 Md. R. 1148) 

Regulation .11 adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 

839) 
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, Annotated 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 maintenance 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, including 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 highest average of any 6 consecutive minutes of readings measured 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 water flow rate through the venturi scrubber. 

(10) "Venturi scrubber pressure drop" means the arithmetic difference between the static pressures of the gas stream at the 

inlet and the outlet of the venturi scrubber. 
DEPARTMENT OF THE ENVIRONMENT 

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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 applicable provisions of any other 

chapter. Except as provided in §B of this regulation, if there 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 controlling. 

B. The following emission standards set forth elsewhere in this subtitle 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 galvanizing installations in compliance with COMAR 26.11.12; 

(e) Confined emissions resulting from start-ups, process modifications or adjustments, or occasional 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 scrubbers 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 January 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 plugging of the furnace tapholes; 

(3) Electric arc furnace shop building: no visible 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 the 
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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 minimum, 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 assure continuous compliance with the particulate matter requirement 

in Regulation .04A of this chapter by maintaining the hourly average scrubber pressure drop and water flow rate to each scrubber 

in accordance with the operating conditions in §D(2) of this regulation. 

(2) Scrubber1

 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 windbox fan 23 32 3,679 3,705 

(c) North 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 scrubbers 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 stack tested for particulate matter at a frequency of not less than once each 2.5 

years. During a compliance stack test, the scrubber pressure drop and water flow rate shall be recorded as hourly block averages. 

(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 Department to change the values in §D(2) of this regulation to 

reflect the revised values. 

(c) Upon receiving a request, the Department may propose amending the 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 

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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 (casthouse building): iron notch, trough, and slag 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 primary hood and control equipment with good operating 

practices and regular maintenance of all system components and ductwork; 

(d) Top-charged electric arc furnaces: furnace charging, metal melting, refining, and tapping—hoods and control 

equipment; 

(e) Argon-oxygen decarbonization vessels: vessel charging, refining, tapping, and alloy addition—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 engineering practice and constructed in 

accordance with the Department's permit to construct approval. The reasonable control methods employed 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 either 0.03 gr/scfd (68.7 mg/dscm) 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 Limitations 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. Testing 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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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 adjusted 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 total carbon monoxide being discharged from the basic oxygen furnaces, tests shall be 

performed simultaneously at each stack 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 Standards incorporated by reference 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 pressure 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 sintering plant subject to this regulation shall demonstrate 

compliance with §C(1) of this regulation by conducting stack tests during the 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 sintering 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 from each of the sintering plant scrubber stacks in order to calculate daily average 

VOC emissions; 

(b) By December 31, 2001, certify and operate the CEM system in accordance with the Department'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 necessary data to demonstrate 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 

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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 plant 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 continuous 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 effective 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, 1980, 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 August 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 December 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, and new Regulation .06 adopted effective 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 material 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 asphalt 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 discharged 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 effective 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, 1980, 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 effective 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 Blank 
26.11.12 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, Title 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 specific installation which differs from the general emission standards in 

COMAR 26.11.06.01—.09, this chapter takes precedence. 

B. This chapter applies to a person who owns or operates 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 this 

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 calendar 

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 

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Effective as of November 12, 2010 

Administrative History 

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

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

—————— 

Chapter recodified from COMAR 10.18.12 to COMAR 26.11.12 

Regulation .01 amended effective May 8, 1995 (22:9 Md. R. 648) 

Regulation .02 amended effective May 8, 1995 (22:9 Md. R. 648) 

Regulation .03 amended 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 Organic Compound Storage and Handling 

Authority: Environment Article,§§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, 

Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Bulk gasoline plant" means a gasoline storage and distribution facility with a maximum daily throughput of 20,000 

gallons (75,500 liters) or less which receives gasoline from bulk terminals, stores it in tanks, then dispenses the gasoline via trucks 

to local farms, businesses, and gasoline dispensing facilities. 

(2) "Bulk gasoline terminal" means a gasoline storage facility with a minimum daily throughput greater than 20,000 gallons 

(75,500 liters) which receives gasoline by pipeline, ship, or barge and delivers gasoline to bulk gasoline plants or to commercial 

or retail accounts by tank truck. 

(3) "External floating roof" means a double deck or a pontoon single deck cover in an open top tank which rests upon, and 

is supported by, the liquid being contained. 

(4) "Gasoline" means a petroleum distillate or alcohol, or their mixtures, having a true vapor pressure within the range of 

1.5 to 11 pounds per square inch absolute (psia) (10.3 to 75.6 kilonewtons/square meter) that is used as fuel for internal 

combustion engines or aircraft. 

(5) "Gasoline leak" means a reading equal to or greater than 100 percent of the lower explosive limit measured as propane 

at a distance of 1 inch from any point on the perimeter of a potential leak source. 

(6) "Internal floating roof" means a double deck or a pontoon single deck cover which rests upon and is supported by the 

liquid being contained in a closed top tank. 

(6-1) "Marine vessel" means any tank ship or barge that transports volatile organic compounds (VOCs) in bulk as cargo. 

(7) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency 

of any other state. 

(8) "Pipeline breakout station" means a facility that receives gasoline from a main pipeline and distributes the gasoline by 

smaller spur pipelines to bulk gasoline terminals. 

(9) "Primary seal" means a continuous seal in a storage tank that extends from a floating roof to the tank wall to prevent the 

escape of vapors into the atmosphere. 

(10) "Secondary seal" means a continuous seal in a storage tank that extends from the floating roof to the tank wall covering 

the entire primary seal. 

(11) "Tank truck" means a truck or trailer equipped with storage tanks and used for the transport of gasoline or volatile 

organic compounds (VOC) from sources of supply to stationary storage tanks. 

(12) "Vapor balance system" means coaxial or dual piping that creates a closed system between a tank truck and a 

stationary storage tank and contains the vapors during the transfer of gasoline. 

(13) "Vapor control system" means any piping, hoses, equipment, and devices that collect and process gasoline or VOC 

vapor, using a vapor processing system. 

(14) "Vapor processing system" means any equipment used for recovering or oxidizing VOC vapors. 

.02 Applicability and Exemptions. 

A. A source which is subject to the provisions of this chapter is also subject to the provisions of any other chapter. However, 

when this chapter establishes an emission standard for a specific installation which differs from the general emission standard in 

COMAR 26.11.01—.09, this chapter takes precedence. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.13.03 

26.11.13 Page 2 

Effective as of November 12, 2010 

B. This chapter applies throughout the State. The NSPS requirements under 40 CFR Part 60, Subpart K (effective June 11, 

1973), Subpart Ka (effective May 18, 1978), Subpart Kb (effective July 23, 1984), and Subpart XX apply throughout the State. 

C. Exemptions for Large Storage Tanks. 

(1) A welded tank is exempt from the secondary seal requirements of Regulation .03B(2)(a) of this chapter if it contains 

gasoline or VOC with a TVP less than 4 psia (2.75 kilonewton/square meter) and has a primary seal. 

(2) The secondary seal requirements under Regulation .03A(1)(b)(i) of this chapter do not apply if the storage tank is 

equipped with a liquid mounted seal. 

D. The provisions of this chapter do not apply to the filling of a motor vehicle's fuel tank. 

E. If a source becomes subject to any requirement in this chapter because it exceeds a regulation applicability level, the source 

shall continue to be subject to all applicable requirements, regardless of whether future throughput is below the regulation 

threshold. 

.03 Large Storage Tanks. 

A. Closed Top Tanks. 

(1) Equipment Requirements. A person may not place or store gasoline or VOC having a TVP between 1.5 psia (10.3 

kilonewton/square meter) and 11 psia (75.6 kilonewton/square meter), inclusive, in any closed top tank with a capacity of 40,000 

gallons (151,400 liters) or greater unless the: 

(a) Tank's gauging and sampling devices are gas tight except when in use; and 

(b) Tank is equipped with one of the following properly installed, operating, and well maintained emission control 

systems: 

(i) An internal floating roof equipped with a primary and secondary seal, 

(ii) A pressure tank system that maintains a pressure at all times to prevent loss of vapors to the atmosphere, or 

(iii) A vapor control system capable of collecting the vapors from the tank and disposing of these vapors to prevent 

their emission to the atmosphere. 

(2) Seal Requirements. 

(a) There shall be no visible holes, tears, or other openings in a seal or seal fabric. 

(b) Each seal shall be intact and uniformly in place around the circumference of the floating roof between the floating 

roof and the tank wall. 

(c) The accumulated area of the gaps between the secondary seal and the tank wall and between the seal and other 

obstructions inside the tank (that is, ladder, roof supports) that are greater than 1/8 inch in width may not exceed 1.0 square inch 

per foot of tank diameter. 

(d) The secondary seal requirement in §A(1)(b) of this regulation is waived until completion of an internal inspection as 

required in §A(3)(b) and (c) of this regulation. However, the secondary seal shall be installed not later than 5 years after the 

effective date of this regulation. 

(3) Inspection Requirements. A person owning a gasoline or VOC storage tank subject to §A(1)(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 diameter 
AIR QUALITY 

26.11.13 

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 exempt from the secondary seal requirements in §B(2)(a) of 

this regulation. 

(2) Equipment Requirements. A person may not place or store gasoline or VOC having a TVP of 1.5 psia (10.3 

kilonewton/square meter) or greater in any open top tank with a capacity of 40,000 gallons (151,400 liters) or greater unless it is 

equipped with a properly installed and maintained external floating roof that meets all the following requirements: 

(a) The external floating roof shall be equipped with a primary and secondary seal. 

(b) Openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves, shall be 

equipped with a projection below the liquid surface. The opening with projections shall also be equipped with a cover, seal, or lid, 

which shall be maintained in a closed position at all times, except when the device is in actual use. 

(c) Automatic bleeder vents shall be closed at all times except when the roof is resting on the roof supports. Rim vents 

shall be set to the open position when the roof is being floated off the leg supports or at the manufacturer's recommended setting. 

(d) Roof drains shall be provided with a slotted membrane fabric or equivalent cover that encapsulates at least 90 percent 

of the area of the drain opening. 

(3) Seal Requirements. 

(a) There shall be no visible holes, tears, or other openings in a seal or seal fabric. 

(b) Each seal shall be intact and uniformly in place around the circumference of the floating roof between the floating 

roof and the tank wall. 

(c) The accumulated area of the gaps between the secondary seal and the tank wall that are greater than 1/8 inch in width 

may not exceed 1.0 square inch per foot of tank diameter. 

(4) Inspection Requirements. A person who owns or operates an open top gasoline or VOC storage tank shall meet all of the 

following requirements: 

(a) Perform semiannual routine visual inspections of the primary and secondary seals. 

(b) Once a year, determine the total secondary seal gap by summing the areas of the individual gaps between the 

secondary seal and the tank wall over the entire circumference of the tank. The lengths and widths of the gaps are measured by 

passing a 1/8 inch uniform diameter probe between the seal and tank wall. (The probe shall move freely without forcing or 

binding against the seal.) 

(c) Notify the Department of an intended tank inspection at least 15 days before the proposed inspection date. 

(5) Requirements for Pipeline Breakout Stations. A person may not transfer gasoline through an open top gasoline storage 

tank at a pipeline breakout station unless the vapor space between the floating roof and the tank bottom is reduced to less than or 

equal to 20 inches (0.457 meter) in height. 

C. Record Keeping for Large Storage Tanks. The owner or operator shall: 

(1) Record the results of all inspections of floating roofs and seals; 

(2) Record all repairs or replacement of the seals, and include in the record the date and the action taken; 

(3) For each tank, record the average monthly storage temperature and throughput; and 

(4) Maintain all records for at least 2 years, and make these records available to the Department upon request. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.13.04 

26.11.13 Page 4 

Effective as of 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 emissions from the loading rack may not exceed: 

(i) 0.29 pound of VOC per 1,000 gallons (35 milligrams per liter) of gasoline or VOC loaded in Areas III and IV and 

Calvert, Cecil, Charles, and Frederick counties; or 

(ii) 0.67 pounds of VOC per 1,000 gallons (80 milligrams per liter) of gasoline or VOC loaded in Area I and Caroline, 

Dorchester, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Wicomico, and Worcester counties. 

(b) Design and operate the vapor control system and the gasoline loading equipment so that during loading: 

(i) The gasoline tank truck pressure does not exceed 18 inches of water, and vacuum does not exceed 6 inches of 

water; and 

(ii) There are no gasoline leaks in the system when tested by the method referenced in §A(3)(a) of this regulation 

during loading or unloading operations. 

(c) Equip the loading rack with a top submerged or bottom loading system. 

(2) Compliance and Record Keeping. 

(a) Testing. 

(i) Vapor control systems shall be tested for compliance with §A(1)(a) of this regulation once every 5 years, during the 

period between May and September 15. 

(ii) The owner or operator shall notify the Department not less than 15 days before the scheduled test date, and 

notification shall contain a copy of the test protocol. 

(iii) A copy of the test results shall be submitted to the Department not more than 60 days after the test date. 

(b) The owner or operator shall keep a record of all maintenance and repairs performed on the vapor recovery unit for 2 

years, and make these records available upon request by the Department. 

(3) Test Procedures. 

(a) Testing for leak-tight conditions, as required in §A(1)(b)(ii) of this regulation, shall be conducted as prescribed in 

Method 1008 of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

Sources" (January 1991) which is incorporated by reference in COMAR 26.11.01.04C. 

(b) The test procedures to determine mass emission rate compliance as required in §A(1)(a) of this regulation, shall be as 

prescribed in Method 1009 of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for 

Stationary Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

B. Bulk Gasoline Plants. 

(1) Applicability. Section B(2) of this regulation applies to a person owning or operating a bulk gasoline plant with a daily 

throughput of 4,000 gallons (15,140 liters) or greater. 

(2) Equipment Standards. 

(a) The owner or operator of a bulk gasoline plant shall: 

(i) Equip the loading rack with a vapor balance system which shall be properly installed, maintained, and used; 

(ii) Equip the loading rack with a top submerged or bottom loading system; and 

(iii) Comply with the leak-tight requirements as specified in §A(1)(b) of this regulation. 

(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. 
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C. Small Storage Tanks. 

(1) Applicability. This section applies to a person who owns or operates: 

(a) A gasoline storage tank that has a tank capacity greater than 2,000 gallons but less than 40,000 gallons; or 

(b) A gasoline tank truck used to transfer gasoline into a storage tank that is listed in §C(1)(a) of this regulation. 

(2) Stage I Vapor Recovery. An owner or operator of a gasoline tank truck or an owner or operator of a stationary storage 

tank subject to this regulation may not cause or permit gasoline to be loaded into a stationary tank unless the loading system is 

equipped with a vapor balance line that is properly installed, maintained, and used. 

D. General Standards. A person may not cause or permit gasoline or VOC having a TVP of 1.5 psia (10.3 kilonewtons/square 

meter) or greater to be loaded into any tank truck, railroad tank car, or other contrivance unless the: 

(1) Loading connections on the vapor lines are equipped with fittings that have no leaks and that automatically and 

immediately close upon disconnection to prevent release of gasoline or VOC from these fittings; and 

(2) Equipment is maintained and operated in a manner to prevent avoidable liquid leaks during loading or unloading 

operations. 

.05 Gasoline Leaks from Tank Trucks. 

A. Equipment Standards. A person may not allow a gasoline tank truck to be filled or emptied unless the tank has been 

certified as capable of sustaining a pressure change of not more than 3 inches of water in 5 minutes when pressurized to a gauge 

pressure of 18 inches of water (4,479 kilonewtons/square meter), or evacuated to a gauge pressure of 6 inches of water (1,493 

kilonewtons/square meter), during a test, according to the procedure referenced in §B(2) of this regulation. 

B. Method of Compliance. A person who owns or operates a gasoline tank truck subject to this regulation shall: 

(1) Conduct a certification test annually, in accordance with the test method referenced in §B(2) of this regulation; 

(2) Use the certification test procedures as prescribed in Method 1007 of the Department's Technical Memorandum 91-01, 

"Test Methods and Equipment Specifications for Stationary Sources" (January 1991), which is incorporated by reference in 

COMAR 26.11.01.04C; and 

(3) Complete any needed repairs, and retest within 15 days of the original test date. 

C. Determination of Compliance. 

(1) A person who owns or operates a gasoline tank truck shall display the certification test expiration date on the truck. This 

expiration date shall be placed near the Department of Transportation Certification plate required by 40 CFR §178.340-10B. 

(2) The Department may at any time monitor gasoline tank trucks for leak-tight conditions using the procedures described 

in Method 1008 of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

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 certification test records from tests required in Regulation 

.04A(3)(a) of this chapter. 

(2) The records shall contain the following information: 

(a) Gasoline tank truck tank number; 

(b) Date of test; 

(c) Date and type of repair, if applicable; 

(d) Date of retest, if applicable; 

(e) The initial test pressure and the time of the reading; 

(f) The final test pressure and the time of the reading; 
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(g) The initial test vacuum and the time of the reading; 

(h) The final test vacuum and the time of the reading. 

.06 Plans for Compliance. 

A person who is not in compliance with this chapter and owns or operates an installation located in Allegany, Caroline, 

Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties shall 

submit a Plan for Compliance for approval by the Department. The plan for compliance shall be submitted not later than April 15, 

1993, and include an expeditious schedule to achieve compliance not later than May 15, 1995. 

.07 Control of VOC Emissions from Portable Fuel Containers. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Distributor. 

(a) "Distributor" means a person to whom a portable fuel container or spout or both portable fuel container and spout is 

sold or supplied for the purpose of resale or distribution in commerce. 

(b) "Distributor" does not include a manufacturer, retailer, or consumer. 

(2) "Fuel" means all gasoline, gasoline-alcohol mixtures or blends, or petroleum derivatives, having a true vapor pressure 

within the range of 1.5 to 11 pounds per square inch absolute (psia) (10.3 to 75.6 kilonewtons/square meter) for use in internal 

combustion engines or aircraft. 

(3) "Kerosene" means any light petroleum distillate having a true vapor pressure within the range of 0.0041 to 0.029 pounds 

per square inch absolute (psia) (0.028 to 0.2 kilonewtons per square meter) for use in space heaters, cooking stoves, water heaters, 

or wick-fed lamps. 

(4) "Manufacturer" means a person who imports, manufactures, assembles, produces, packages, repackages, or relabels a 

portable fuel container or spout or both portable fuel container and spout. 

(5) "Nominal capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling 

level. 

(6) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the 

position to operate, houses the engine and drive unit external to the hull of the marine watercraft. 

(7) "Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly 

components of a portable fuel container directly to the outside ambient air. 

(8) Portable Fuel Container. 

(a) "Portable fuel container" means a container or vessel with a nominal capacity of 10 gallons or less intended for reuse, 

that is designed or used primarily for receiving, transporting, storing, and dispensing fuel. 

(b) "Portable fuel container" does not include containers or vessels permanently embossed or permanently labeled, 

meeting the requirements of 49 CFR §172.407(a) and intended for use with non-fuel or non-kerosene products. 

(9) "Retail outlet" means an establishment at which portable fuel containers or spouts or both portable fuel containers and 

spouts are sold, supplied, or offered for sale. 

(10) "Spill-proof spout" means a spout that complies with all of the performance standards set forth in §C(2) of this 

regulation. 

(11) "Spill-proof system" means a configuration of portable fuel container and firmly attached spout that complies with all 

of the performance standards as set forth in §C(1) of this regulation. 

(12) Spout. 

(a) "Spout" means a device that can be firmly attached to a portable fuel container for conducting pouring through which 

the contents of a portable fuel container can be dispensed. 

(b) "Spout" does not include lengthening devices that can be used to accommodate necessary applications. 

(13) "Target fuel tank" means a receptacle that receives fuel from a portable fuel container. 
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B. Applicability and Exemptions. 

(1) This regulation applies to a person who manufactures, sells, advertises, or makes available for use portable fuel 

containers or spouts or both portable fuel containers and spouts in the State. 

(2) This regulation does not apply to a person or manufacturer who sells, advertises, or makes available for use: 

(a) Portable fuel container or spouts or both portable fuel containers and spouts manufactured in the State for shipment, 

sale, and use outside of the State; 

(b) Safety cans meeting the requirements of 29 CFR Chapter 17, Part 926, Subpart F; 

(c) Portable fuel containers with a nominal capacity less than or equal to 1 quart; 

(d) Rapid refueling devices with nominal capacities greater than or equal to 4 gallons, if these devices are: 

(i) Designed for use in officially sanctioned off-highway motor sports such as car racing or motorcycle competitions; 

or 

(ii) Either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a 

receiver permanently installed on the target fuel tank; 

(e) Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank 

and the outboard engine for the purpose of operating the outboard engine; or 

(f) Closed-system portable fuel containers that are used exclusively for fueling remote control model airplanes. 

(3) This regulation does not apply to a manufacturer or distributor who does not comply with the performance standards 

specified in §C of this regulation if the manufacturer or distributor demonstrates that: 

(a) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside 

of the State; and 

(b) The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or 

spout or both portable fuel container and spout is not distributed within the State. 

(4) The exemption in §B(3) of this regulation does not apply to a person who sells, supplies, or offers for sale portable fuel 

containers or spouts or both portable fuel containers and spouts to retail outlets in the State. 

(5) The performance standards specified in §C of this regulation do not apply to portable fuel containers or spouts or both 

portable fuel containers and spouts that are certified for use and sale by the manufacturer through CARB and covered by a CARB 

Executive Order before June 30, 2007. 

(6) This regulation does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal 

and State statutes and regulations such as State fire codes, safety codes, and other safety regulations, nor will the Department test 

for or determine compliance with such other statutes or regulations. 

C. Performance Standards for Portable Fuel Containers and Spill-Proof Spouts. 

(1) Except as provided in §B(2) of this regulation, a person may not manufacture, sell, or make available for use after June 

30, 2007, a portable fuel container or a portable fuel container and spout that does not meet all of the following performance 

standards: 

(a) Contains an automatic shut-off that stops the fuel flow before the target fuel tank overflows; 

(b) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not 

dispensing fuel; 

(c) Contains only one opening for both filling and pouring; 

(d) Does not exceed a permeation rate of 0.4 grams per gallon per day; and 

(e) Is warranted by the manufacturer for a period of not less than 1 year against defects in materials and workmanship. 

(2) Except as provided in §B(2) of this regulation, a person may not manufacture, sell, or make available for use after June 

30, 2007, any spout that does not meet all of the following performance standards: 

(a) Contains an automatic shut-off that stops the fuel flow before the target fuel tank overflows; 
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(b) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not 

dispensing fuel; and 

(c) Is warranted by the manufacturer for a period of not less than 1 year against defects in materials and workmanship. 

(3) Notwithstanding the provisions of §C(1) and (2) of this regulation, a portable fuel container or spout or both portable 

fuel container and spout manufactured 30 days after the effective date of this regulation, may be sold, supplied, or offered for sale 

until 1 year after the time period beginning 30 days after the effective date of this regulation, if it is labeled or designated for use 

solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the 

portable fuel container or spout. 

(4) Except as provided in §B of this regulation, a portable fuel container, spout, or portable fuel container and spout 

produced on or after July 1, 2007, that is manufactured for sale, advertised for sale, sold, or offered for sale in Maryland or that is 

introduced, delivered, or imported into Maryland for commerce and that is subject to any of the standards specified in this 

regulation and documents incorporated by reference, shall be certified for use and sale by the manufacturer through CARB and 

covered by a CARB Executive Order. 

D. Innovative Products. 

(1) Portable fuel containers or spouts or both portable fuel containers and spouts which have been granted an innovative 

product exemption by the California Air Resources Board (CARB) are exempt from the requirements in §C of this regulation for 

the period of time that the CARB Innovative Products exemption remains in effect. Any manufacturer claiming such an 

exemption on this basis shall submit to the Department a copy of the CARB exemption decision (i.e., the Executive Order), 

including all conditions established by CARB applicable to the exemption. 

(2) For any portable fuel container or spout or both portable fuel container and spout for which an innovative product 

exemption has been granted under this regulation, the manufacturer shall notify the Department in writing at least 30 days before 

the manufacturer changes a product's design, delivery system, or other factors that may effect the VOC emissions during 

recommended usage. The manufacturer shall also notify the Department within 30 days after the manufacturer learns of any 

information that would alter the emissions estimates submitted to the Department in support of the exemption application. 

(3) If the performance standards specified in §C of this regulation are amended for a product category, all innovative 

product exemptions granted for products in the product category have no effect as of the effective date of the amended 

performance standards. 

E. Labeling and Notification. 

(1) A manufacturer shall clearly display on each spill proof system: 

(a) The phrase "Spill-Proof System"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the portable fuel container or portable fuel container and spout as subject to and 

complying with §C(1) of this regulation. 

(2) A manufacturer shall clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on 

either the spill-proof spout or a label affixed thereto: 

(a) The phrase "Spill-Proof Spout"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the spout as subject to and complying with §C(2) of this regulation. 

(3) A manufacturer subject to §C(4) of this regulation shall clearly display on each portable fuel container or portable fuel 

container and spout: 

(a) The phrase "Spill-Proof Spout"; 

(b) The date of manufacture or representative date; and 

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or 

portable fuel container and spout. 
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(4) A manufacturer subject to §E(1) or (2) of this regulation shall file an explanation of both the date code and 

representative code with the Department not later than the later of 3 months after the effective date of this regulation or within 3 

months of production, and within 3 months after any change in coding. 

(5) A manufacturer subject to §E(2) of this regulation shall clearly display the make, model number, and size of only those 

portable fuel containers the spout is designed to accommodate and demonstrate compliance with §C(1) of this regulation on the 

accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto. 

(6) A manufacturer not subject to or not in compliance with §C of this regulation may not display the phrase "Spill-Proof 

System" or "Spill-Proof Spout" on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on 

any accompanying package. 

(7) A manufacturer subject to and complying with §C of this regulation that due to its design or other features cannot be 

used to refuel one or more on-road motor vehicles shall clearly display the phrase "Not Intended For Refueling On-Road Motor 

Vehicles" in type of 34 point or greater on each of the following: 

(a) For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system 

or on a label affixed thereto, and on the accompanying package, if any; and 

(b) For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed 

thereto, and on the accompanying package, if any. 

F. Variances. 

(1) Portable fuel containers and spouts or both portable fuel containers and spouts which have been granted a variance by 

CARB are exempt from the requirements in §C of this regulation for the period of time that the CARB variance remains in effect.

A manufacturer claiming a variance on this basis shall submit to the Department a copy of the CARB variance decision (that is, 

the Executive Order), including all conditions established by CARB applicable to the variance. 

(2) A person or manufacturer who cannot comply with the requirements set forth in §C of this regulation, due to 

extraordinary reasons beyond the person's reasonable control, may apply in writing to the Department for a variance. The variance 

application shall set forth: 

(a) The specific grounds upon which the variance is sought; 

(b) The proposed date or dates by which compliance with the provisions of §C of this regulation will be achieved; and 

(c) A compliance report detailing the methods by which compliance will be achieved. 

(3) A variance may not be granted unless: 

(a) Due to reasons beyond the reasonable control of the applicant, required compliance with §C of this regulation would 

result in extraordinary economic hardship; 

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the 

public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and 

(c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as 

expeditiously as possible. 

(4) The Department may hold a public comment hearing to receive comments on a request for a variance. 

(5) An approval of a variance shall specify a final date by which compliance with the provisions of §C of this regulation 

shall be achieved. An approved variance shall: 

(a) Specify a compliance date; 

(b) Contain conditions that the Department finds necessary to carry out the purposes of this regulation; and 

(c) Cease to be effective upon failure of the party to whom the variance is granted to comply with a term or condition of 

the variance. 

(6) Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from 

requirements of §C of this regulation after holding a public comment hearing in accordance with the provisions of §F(4) of this

regulation. 
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G. Testing Requirements and Record Keeping. 

(1) Testing Requirements. 

(a) Testing to determine compliance with §C(2) of this regulation shall be performed using the following test methods 

approved by CARB which are incorporated by reference: 

(i) "Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts", amended 

by CARB on July 26, 2006; and 

(ii) "Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts", adopted 

by CARB on July 6, 2000. 

(b) Testing to determine compliance with §C(1) of this regulation shall be performed using all test methods in §G(1)(a) 

and "Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems", adopted by CARB on July 6, 2000, which is 

incorporated by reference. 

(c) Testing to determine compliance with §C(4) of this regulation shall be performed by using the test methods in "CP501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts", adopted by CARB on July 26, 2006, which is 

incorporated by reference. 

(d) A manufacturer shall perform tests for determining compliance as set forth in this section to show that their product 

meets and complies with the performance standards before allowing the product to be offered for sale. 

(e) Alternative test methods that are shown to be accurate, precise, and appropriate may be used upon written approval of 

the Department and the Environmental Protection Agency (EPA). 

(2) Record Keeping. A manufacturer subject to this regulation shall keep all records of compliance tests for as long as the 

product is available for sale in the State, and make the records available to the Department within 60 days of a request. 

.08 Control of VOC Emissions from Marine Vessel Loading. 

A. Applicability. 

(1) In Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, 

or Worchester counties, the requirements in §B of this regulation apply to the transfer of VOCs from a stationary storage tank into 

a marine vessel if the total emissions from all marine vessel loading at the premises during a calendar year are equal to or exceed 

50 tons. 

(2) In Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, 

Montgomery, or Prince George's counties, the requirements in §B of this regulation apply to the transfer of VOCs from a 

stationary storage tank into a marine vessel if the total emissions from all marine vessel loading at the premises during a calendar 

year are equal to or exceed 25 tons. 

(3) The reporting requirements in §C of this regulation apply to all transfers of any amount of VOCs, except fuel oils, from 

a stationary storage tank into a marine vessel. 

B. General Requirements. 

(1) The transfer of VOCs into a marine vessel subject to this regulation is prohibited unless: 

(a) The marine vessel is equipped with a vapor return line; and 

(b) The vapor is vented into an air pollution control device that is demonstrated to recover or destroy at least 90 percent 

of the captured vapor. 

(2) The vapor control system shall be constructed, operated, and maintained so that VOC vapor leaks are minimized during 

the transfer of VOCs into a marine vessel. 

(3) VOCs may not be transferred into a marine vessel unless the vessel has been leak tested or pressure tested within the 

past 2 years using the Coast Guard requirements at 33 CFR §156.150. 

C. Record Keeping Requirements. 

(1) The owner or operator of a premises subject to this regulation shall record and maintain the following information: 

(a) The date and time when each marine vessel commenced and completed the loading of VOCs; 
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(b) Identification of the product that was loaded into the marine vessel and the total volume loaded; and 

(c) The date when each marine vessel used was leak tested or pressure tested. 

(2) The records shall be maintained for a period of not less than 5 years and made available to the Department upon request 

and to members of the public subject to the provisions of the Maryland Public Information Act, State Government Article, §§10-

611—628, Annotated Code of Maryland. 

Administrative History 

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

Regulations .01B and .03B amended, .02C adopted, and .05F repealed effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .02C amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .04A amended effective August 10, 1987 (14:14 Md. R. 1572) 

—————— 

Chapter recodified from COMAR 10.18.13 to COMAR 26.11.13 

Regulation .01B amended effective December 3, 1989 (16:21 Md. R. 2266) 

—————— 

Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .01B amended effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894); April 26, 1993 (20:8 Md. R. 726); August 11, 1997 (24:16 

Md. R. 1161); October 8, 2007 (34:20 Md. R. 1741) 

Regulation .02 amended effective April 26, 1993 (20:8 Md. R. 726); July 19, 1993 (20:14 Md. R. 1170) 

Regulation .02C amended effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .04A amended effective February 17, 1992 (19:3 Md. R. 306); February 15, 1993 (20:3 Md. R. 260); April 26, 1993 (20:8 Md. R. 726); July 19, 

1993 (20:14 Md. R. 1170) 

Regulation .04C amended effective April 26, 1993 (20:8 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 December 3, 1989 (16:21 Md. R. 2266) 

Regulation .06C amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .06 repealed effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894) 

Regulation .07 adopted effective April 26, 1993 (20:8 Md. R. 726) (Recodified as Regulation .06) 

Regulation .07 adopted effective January 21, 2002 (29:1 Md. R. 25) 

Regulation .07 amended effective June 18, 2007 (34:12 Md. R. 1068) 

Regulation .08 adopted effective October 8, 2007 (34:20 Md. R. 1741) 
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26.11.14 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 cooking 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 uses 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 increase 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 processes 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 mercaptan, dimethyl sulfide, and dimethyl disulfide. 
DEPARTMENT OF THE ENVIRONMENT 

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.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 specific installation which differs from the general emission standards 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 average 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 tons 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 systems 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) Brown Stock Washers. Wash water for brown stock washers shall consist of any combination of fresh or clean water 

and clean condensates. 
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(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 from 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 from 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 Department 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 NOx Emissions from Fuel Burning Equipment. 

A. Applicability and NOx 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 NOx emissions of all fuel burning equipment at the Luke Kraft pulp mill to which this regulation 

applies may not exceed the following: 

(a) Except as provided in §B(1) of this regulation, 947 tons of NOx during the period May 1 through September 30 of 

each year; and 

(b) An emission rate of 0.99 pounds of NOx 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 regulation 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 NOx emission limit in §A(2)(a) of this regulation is 

exceeded, the owner or operator of a Kraft pulp mill shall acquire one NOx ozone season allowance (as that term is defined at 

COMAR 26.11.01.01B(4-1)) for each ton or partial ton of NOx 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 emission limit is exceeded. 

C. Achieving Compliance Through the Use of Allowances. The owner 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 NOx allowance 

broker or other entity that has NOx allowances and agrees to transfer them; and 

(2) Transfer the allowances to the Department for retirement. 
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D. Monitoring and Reporting Requirements. 

(1) The owner or operator of a Kraft pulp mill subject to this regulation shall: 

(a) Continuously monitor NOx emissions with a CEM system certified in accordance 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 quarterly 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 amended 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, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Acceptable ambient level (AAL)" means a concentration of a toxic air pollutant in the atmosphere that the Department 

determines will provide a margin of safety to protect the public health from toxic, noncarcinogenic effects that may be caused by 

the toxic air pollutant and that is used to evaluate the air quality impacts of all premises within a 5-kilometer (3.1-mile) radius. 

AALs are listed in COMAR 26.11.16.09. 

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

consideration of any physical or operational limitations required by this subtitle or by enforceable conditions included in an 

applicable air quality permit to construct, permit to operate, secretarial order, plan for compliance, consent agreement, or court 

order. 

(3) Best Available Control Technology for Toxics (T-BACT). 

(a) "T-BACT" means control technology that results in the maximum degree of emission reduction that the Department 

determines, on a case-by-case basis, is available for each toxic air pollutant discharged by the installation, taking into account the 

potency and toxicity of each toxic air pollutant and the technical and economic feasibility of control. 

(b) "T-BACT" includes production, operation, and maintenance procedures, emission control technology, and other 

emission reduction technologies or a combination of these technologies and procedures. 

(c) "T-BACT", as applicable to a MACT source, means: 

(i) A requirement that has been adopted by the US EPA under 40 CFR 63 and that applies to the installation, source, 

source category, or subcategory; 

(ii) A new source MACT as established by the Department in accordance with the provisions of 40 CFR §§63.40—

63.44; 

(iii) Alternative standard approved by the EPA Administrator; or 

(iv) Alternative emission limitation approved by the Department in accordance with 40 CFR Part 63, Subpart D. 

(4) "Class I toxic air pollutant (Class I TAP)" means a substance or group of substances that is listed in COMAR 

26.11.16.06. 

(5) "Class II toxic air pollutant (Class II TAP)" means any substance that is not a Class I TAP, for which there is no ambient 

air quality standard under this subtitle, that is not a simple asphyxiant or nuisance particulate, and that is: 

(a) A health hazard as that term is defined at 29 CFR §1915.1200 (July 1, 1994); or 

(b) Listed in COMAR 26.11.16.07B as an existing source Class II TAP, either individually or as a member of a group of 

substances. 

(6) "EPA's Risk Assessment Guidelines" means the U.S. Environmental Protection Agency's Guidelines for Carcinogenic 

Risk Assessment, 51 FR 33992 (September 24, 1986). 

(7) "Existing installation, existing source, or existing premises" means an installation, source, or premises, respectively, 

constructed before July 1, 1988, or for which the Department issued an air quality permit to construct before July 1, 1988. Any

existing installation that is modified but that is not reconstructed after July 1, 1988, remains an existing installation. 

(7-1) "Hazardous air pollutant (HAP)" means any of the hazardous air pollutants listed in §112(b) of the federal Clean Air 

Act of 1990, 42 U.S.C. §§7401—7671. 

(8) "Insignificant risk concentration (IRC)" means a concentration of a Class I toxic air pollutant in the atmosphere that 

would result in an excess individual lifetime cancer risk of not more than 1 in 100,000 (1 × 10 superscript -5) assuming 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

continuous exposure for 70 years and using procedures consistent with EPA's Risk Assessment Guidelines. IRCs are listed in 

COMAR 26.11.16.09. 

(9) "Installation" has the meaning given in COMAR 26.11.01.01, except that for purposes of this chapter, installation does 

not include air pollution control equipment as defined in COMAR 26.11.01.01. 

(9-1) "MACT source" means a NESHAP source that is subject to the requirements in 40 CFR 63; 

(9-2) "Maximum achievable control technology (MACT)", as applicable, means: 

(a) MACT emission limitation for existing sources as defined in 40 CFR §63.51; or 

(b) MACT emission limitation for new sources as defined in 40 CFR §63.51. 

(10) "New installation, new source, or new premises" means an installation, source, or premises, respectively, constructed 

or reconstructed on or after July 1, 1988, except as provided under §B(7) of this regulation. 

(10-1) "New source MACT" means maximum achievable control technology (MACT) emission limitation for new sources 

as defined in 40 CFR §63.41. 

(11) "Nuisance particulate" means dust that, when inhaled, causes a potentially reversible lung tissue reaction in which the 

architecture of the lung's air spaces remains intact, and collagen (scar tissue) is not formed to a significant extent. Examples of 

nuisance particulates are listed in COMAR 26.11.16.08. 

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

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

(13) "Reconstruct" means to replace components of an existing installation, or add components to an existing installation, to 

such an extent that the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be 

required to construct a comparable entirely new installation. Reconstruct does not include replacement or additions that do not: 

(a) Cause the discharge of different toxic air pollutants; 

(b) Cause applicable screening levels to be exceeded; and 

(c) Increase the ambient concentration of any Class I toxic air pollutant. 

(14) "Screening analysis" means an optional procedure for demonstrating compliance with Regulation .06 of this chapter 

that compares maximum incremental ambient impacts with applicable screening levels. 

(15) "Screening level" means a concentration of a toxic air pollutant in the atmosphere used to evaluate the air quality 

impacts of a single premises. Screening level includes the following: 

(a) "Risk-based screening level" means a concentration of a Class I toxic air pollutant in the atmosphere as determined 

under COMAR 26.11.16.03; 

(b) "Special screening level (SSL)" means a concentration of a toxic air pollutant in the atmosphere that replaces a TLV 

or threshold-based screening level. Special screening levels are listed in COMAR 26.11.16.09; 

(c) "TLV-based screening level" means a concentration of a Class I or Class II toxic air pollutant in the atmosphere as 

determined under COMAR 26.11.16.03; 

(d) "Threshold-based screening level" means a concentration of a Class I or Class II toxic air pollutant in the atmosphere 

as determined under COMAR 26.11.16.03 when a TAP has neither a TLV-based nor a special screening level. 

(16) "Second tier analysis" means an optional procedure for demonstrating compliance with Regulation .06 of this chapter 

using an acceptable ambient level or an insignificant risk concentration, as provided in COMAR 26.11.16.02, instead of a 

screening level. 

(17) "Simple asphyxiant" means a physiologically inert gas or vapor that acts primarily by diluting atmospheric oxygen 

below the level required to maintain proper levels of oxygen in the blood. Examples of simple asphyxiants are listed in COMAR 

26.11.16.08. 

(18) "Threshold limit value (TLV)" means the airborne concentration of a substance that, according to the American 

Conference of Governmental Industrial Hygienists (ACGIH), represents conditions to which nearly all workers may be exposed 

without adverse effect and that is published in the chapter titled "1991—1992 Threshold Limit Values for Chemical Substances in
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the Work Environment" (Adopted by ACGIH with Intended Changes for 1991—1992), which is incorporated by reference. This 

chapter is found in the TLV booklet, defined in §B(19) of this regulation. TLV includes the following: 

(a) "Ceiling TLV (TLV-C)" means a concentration that ACGIH indicates should not be exceeded even instantaneously in 

a workplace; 

(b) "Short term exposure limit (TLV-STEL or STEL)" means a 15-minute time-weighted average concentration that 

ACGIH indicates should not be exceeded at any time during a workday; 

(c) "Threshold limit value—time weighted average (TLV-TWA)" means a concentration recommended by ACGIH for a 

normal 8-hour workday and 40-hour workweek. 

(19) "TLV booklet" means "1991—1992 Threshold Limit Values for Chemical Substances and Physical Agents and 

Biological Exposure Indices" (American Conference of Governmental Industrial Hygienists, 1991). 

(20) Toxic Air Pollutant. 

(a) "Toxic air pollutant (TAP)" means any Class I or Class II toxic air pollutant, as defined in §B(4) and (5) of this 

regulation. 

(b) "Toxic air pollutant" does not include particulate matter and volatile organic compounds as generic classes of 

substances, but an individual substance or a group of substances within either of these classes is a TAP if it meets a criterion in 

§B(4) or (5) of this regulation. 

(21) "Upper bound unit risk factor" means the 95 percent upper confidence limit of an estimate of the extra risk of cancer 

associated with a continuous 70-year exposure to 1 microgram/cubic meter of a Class I toxic air pollutant. 

.02 Control of NESHAP and MACT Sources. 

A. A person may not construct, modify, operate, or cause to be constructed, modified, or operated any NESHAP source as 

defined in COMAR 26.11.01.01B(21), which results or will result in violation of any provisions of 40 CFR Part 61 (excluding 

Subparts B, H, I, K, Q, R, T, and W). 

B. A NESHAP source controlled under the requirements of §A of this regulation is not subject to the requirements of 

Regulations .05 and .06 of this chapter to the extent that emissions from the source are regulated under 40 CFR 61 (NESHAP), 

except that a source is subject to any applicable requirement under 40 CFR 63, or MACT or new source MACT established by the 

Department in accordance with the provisions of 40 CFR Part 63, Subpart B. 

C. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, a MACT source 

which results, or will result, in violation of any provisions of 40 CFR 63. 

D. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, any MACT 

source which results, or will result, in a violation of a MACT or new source MACT established by the Department in accordance 

with the provisions of 40 CFR Part 63, Subpart B. 

E. The applicability of a requirement under 40 CFR 63, a MACT, or a new source MACT to a source does not change the 

applicability of this chapter to that source. 

F. MACT sources may request from the Department a compliance extension for certain 40 CFR 63 requirements following the 

procedures set forth in 40 CFR Part 63, Subpart D. 

.03 Applicability and Exemptions. 

A. Applicability. 

(1) Sources Subject to Permit Requirements. Except as provided in this regulation and in Regulation .06 of this chapter, any 

installation or source that discharges a Class I or Class II TAP into the ambient air is subject to the requirements of this chapter if 

the installation or source: 

(a) Is required to obtain a permit to construct or approval under COMAR 26.11.02.09; or 

(b) Either has obtained, or was required to obtain, a State permit to operate on or before March 1, 1993. 

(2) Certain Electric Generating Stations. An installation that burns refuse-derived fuel that is part of a generating station 

constructed by an electric company is subject to the requirements of this chapter. 
DEPARTMENT OF THE ENVIRONMENT 

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(3) Hazardous Waste Incinerators. A hazardous waste incinerator, as defined in COMAR 26.13.01.03B(33), for which a 

hazardous waste facility permit has been requested or issued is subject to the requirements of this chapter. 

(4) Sources Subject to Requirements Under 40 CFR 63. Regardless of the applicability of this chapter, a person that causes 

emissions of HAPs may be subject to the requirements of 40 CFR 63. 

(5) Other. The Department may require any installation or source not otherwise subject to this chapter to meet the 

requirements of this chapter if the Department determines that the installation or source has the potential to discharge toxic air 

pollutants in quantities that may unreasonably endanger the public health. 

B. Exempt Installations or Sources. 

(1) This section does not mean that a source is exempt from an applicable requirement under 40 CFR 63, or MACT or new 

source MACT established by the Department in accordance with the provisions of 40 CFR Part 63, Subpart B. 

(2) General Exemptions. The following installations or sources are exempt from the requirements of this chapter: 

(a) Fuel-burning equipment as defined at COMAR 26.11.09.01, other than equipment burning refuse-derived fuel; 

(b) Charbroilers and pit barbecues as defined in COMAR 26.11.18.01; and 

(c) Gasoline stations operated for the purpose of refueling motor vehicles. 

(3) Exemptions from Regulations .05 and .06 of this chapter. 

(a) Premises Discharging Small Quantities of Class II TAPs. The emissions of a Class II TAP from a premises are 

exempt from the requirements of Regulations .05 and .06 of this chapter, if: 

(i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or 

less; and 

(ii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 

micrograms/cubic meter. 

(b) Premises Discharging Small Quantities of Class I TAPs. The emissions of a Class I TAP from a premises are exempt 

from the requirements of Regulations .05 and .06 of this chapter, if: 

(i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or 

less; 

(ii) The total allowable emissions of the TAP from the premises are 350 pounds per year (159 kilograms per year) or 

less; 

(iii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 

micrograms/cubic meter; and 

(iv) The applicable risk-based screening level is greater than 1 microgram/cubic meter. 

(c) Other. The Department may, on a case-by-case basis, after providing public notice and an opportunity for a public 

hearing, exempt any other installation, source, or premises from a requirement under Regulations .05 and .06 of this chapter on

the basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the installation, source, or 

premises has a limited potential to discharge toxic air pollutants to the atmosphere and will not unreasonably endanger human 

health. 

(4) Exemption from Regulation .06. If the total allowable emissions of a Class II TAP from a premises will not create an 8-

hour concentration of the TAP in the atmosphere that exceeds 0.02 microgram/cubic meter beyond the property line, then 

emissions of that TAP from the premises are exempt from the requirements of Regulation .06 of this chapter. 

.04 Requirement to Quantify Emissions. 

A. New Installations or Sources. 

(1) The owner or operator of a new installation or source shall quantify emissions of each TAP that will be discharged and 

submit that information to the Department when applying for the permit to construct the new installation or source, or when an 

update is requested by the Department. 
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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 listed in 

COMAR 26.11.16.06 and .07B. 

(2) Emissions shall be quantified in sufficient detail to determine whether the premises complies with the requirements of 

this chapter. 

(3) An owner or operator of an existing installation or source shall submit emissions data not later than 1 year after 

becoming subject to this chapter or not later than the following dates, whichever is later: 

(a) January 1, 1989, for Class I toxic air pollutants listed in COMAR 26.11.16.06; 

(b) January 1, 1989, for Class II toxic air pollutants listed in COMAR 26.11.16.07B with a compliance date of July 1, 

1990; and 

(c) January 1, 1991, for any other Class II toxic air pollutants listed in COMAR 26.11.16.07B. 

C. Certain Exempt Sources. 

(1) Certain Premises Discharging Small Quantities of TAP. The owner or operator of a premises exempted from certain 

requirements under Regulation .03B(3)(a) or (b) of this chapter shall quantify emissions as required by §A or B of this regulation 

in sufficient detail to demonstrate the Department's satisfaction that emissions are less than the applicable emission rates listed in 

Regulation .03B(3)(a) or (b) of this chapter. 

(2) Other Sources Exempt from Regulations .05 or .06. The owner or operator of a NESHAP source or other installation, 

source, or premises exempted from certain requirements under Regulation .02B, .03B(3)(c), or .03B(4) of this chapter shall 

quantity emissions as required by §A or B of this regulation. 

D. Level of Detail. 

(1) An initial screening analysis under COMAR 26.11.16.02A may be based on a conservative estimate of emissions that 

represents good engineering judgment, if the Department determines that the analysis demonstrates applicable screening levels 

will not be exceeded. If compliance with Regulation .06 of this chapter cannot be demonstrated on this basis, more precise 

emission estimates shall be used. 

(2) An owner or operator of a source that discharges more than one toxic air pollutant may demonstrate compliance with 

Regulation .06 of this chapter by: 

(a) Quantifying emissions and performing modeling for each TAP individually; 

(b) Using procedures approved by the Department to quantify TAP emissions and perform modeling for a group of 

TAPs, and to evaluate concentrations on the basis of the toxicity of the most toxic component or components of the group; or 

(c) Using other procedures approved by the Department. 

(3) If several related substances are listed as Class I TAPs or are members of a group of substances listed as a Class I TAP, 

and these substances are evaluated using a common upper bound unit risk factor, then the substances shall be considered together 

as one TAP. For example, all hexavalent compounds of chromium that have been determined to be carcinogens shall be 

considered together as one TAP. Also, dioxin and furan emissions shall be considered together as one TAP and expressed as an 

equivalent emission of 2,3,7,8-tetrachlorodibenzo-p-dioxin based upon the relative potency of the isomers. 

.05 Control Technology Requirements. 

A. New or Reconstructed Installations. A person may not construct, reconstruct, operate, or cause to be constructed, 

reconstructed, or operated, any new installation or source that will discharge a toxic air pollutant to the atmosphere without 

installing and operating T-BACT. 
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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 installations or sources discharging the Class I TAP in question 

located at the same premises. 

C. Existing Installations Using Dispersion Techniques. A person who complies with the ambient impact requirement in 

Regulation .06 of this chapter by increasing the height of a stack above good engineering practice or by using other dispersion

techniques shall use T-BACT. The following apply: 

(1) For purposes of this section, dispersion technique is defined as provided in 40 CFR §51.100(hh), 1996 edition, except 

that: 

(a) The provisions of 40 CFR §51.100(hh)(2)(v), 1996 edition, do not apply; that is, an installation's emissions of sulfur 

dioxide do not affect the definition of dispersion technique; 

(b) Good engineering practice (GEP) stack height shall be calculated as provided in 40 CFR §51.100(ii)(2)—(3), 1996 

edition; that is, a stack height 65 meters or less is not presumed to be GEP unless it meets other criteria in 40 CFR §51.100(ii). 

(2) This section applies only to stack heights increased after July 1, 1988, or dispersion techniques instituted after July 1, 

1988. 

(3) Unless an existing installation is controlled using T-BACT, the degree of emission limitation required in order to 

demonstrate compliance with Regulation .06 of this chapter may not be affected by the amount of the installation's stack height

that exceeds good engineering practice (GEP), or by any other dispersion technique. 

.06 Ambient Impact Requirement. 

A. Requirements for New Installations, Sources, or Premises. 

(1) Except as provided in §A(2) of this regulation, a person may not construct, modify, or operate, or cause to be 

constructed, modified, or operated, any new installation or source without first demonstrating to the satisfaction of the 

Department using procedures established in this chapter that total allowable emissions from the premises of each toxic air 

pollutant discharged by the new installation or source will not unreasonably endanger human health. 

(2) If a new installation or source will discharge a TAP that is not listed in COMAR 26.11.16.07 and will be part of an 

existing premises, then emissions of that TAP from existing sources or existing installations on the premises may be omitted from 

a screening analysis unless the TAP is added to COMAR 26.11.16.07. 

B. Requirements for Existing Installations, Sources, or Premises. 

(1) Except as provided in §B(3) of this regulation, a person may not cause or permit the discharge of a toxic air pollutant 

listed in COMAR 26.11.16.07 from an existing installation or source if total allowable emissions of that TAP from the premises 

will unreasonably endanger human health. 

(2) A person shall demonstrate compliance with §B(1) of this regulation using the procedures established in Regulation .07 

of this chapter and COMAR 26.11.16. 

(3) A person who owns or operates an existing premises shall meet the requirements of §B(1) and (2) of this regulation for 

each TAP listed in COMAR 26.11.16.07 by the applicable compliance dates listed in COMAR 26.11.16.07, or not later than 2 

years after becoming subject to this chapter, whichever is later. 

.07 General Requirements for Compliance Demonstrations. 

A. To demonstrate that a premises discharging a Class I TAP is in compliance with Regulation .06 of this chapter, a person 

shall demonstrate that allowable emissions will not unreasonably endanger human health both because of potential carcinogenic 

effects and because of other potential toxic effects. Demonstrations for Class II TAPs are required only for potential toxic effects 

other than cancer. 

B. To demonstrate compliance with Regulation .06 of this chapter a person may: 

(1) Use a screening analysis or second tier analysis, as explained in COMAR 26.11.16.02A and B; 

(2) Request a special permit under COMAR 26.11.16.05; or 

(3) Use other options provided by law. 
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C. A person may request approval of an interim special screening level, interim acceptable ambient level, or interim 

insignificant risk concentration as provided in COMAR 26.11.16.04 in order to use the interim level in place of a special 

screening level, AAL, or IRC to demonstrate compliance with Regulation .06 of this chapter. 

Administrative History 

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

Regulations .01E and .02 amended effective July 2, 1985 (12:11 Md. R. 1049); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492) 

Regulations .01 and .03 repealed effective April 6, 1987 (14:5 Md. R. 579) (Provisions transferred to COMAR 10.18.23) 

Regulation .02 amended effective January 5, 1988 (14:24 Md. R. 2555) 

—————— 

Annotation: Attorney General Opinion No. 83-015 (May 2, 1983) found that the Department of Health and Mental Hygiene has ample statutory authority to 

adopt the asbestos project cleanliness measurement found in COMAR 10.18.15.03B(1)(d)(ii). 

—————— 

Chapter recodified from COMAR 10.18.15 to COMAR 26.11.15 

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

Regulation .01B amended effective November 19, 1989 (16:20 Md. R. 2185); July 2, 1990 (17:10 Md. R. 1221); May 2, 1991 (18:6 Md. R. 689); November 23, 

1992 (19:23 Md. R. 2042); August 11, 1997 (24:16 Md. R. 1161) 

Regulation .02 amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 

1994 (21:12 Md. R. 1064); August 11, 1997 (24:16 Md. R. 1161) 

Regulations .03—.13 adopted effective September 27, 1988 (15:18 Md. R. 2148) 

Regulation .03A amended effective November 19, 1989 (16:20 Md. R. 2185); May 8, 1995 (22:9 Md. R. 653); August 11, 1997 (24:16 Md. R. 1161) 

Regulation .04A, B amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .07C amended effective June 20, 1989 (16:9 Md. R. 995) 

Regulation .09B amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .10D amended effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .11 amended effective November 9, 1992 (19:22 Md. R. 1990) 

Regulation .12 amended effective November 9, 1992 (19:22 Md. R. 1990) 

Regulation .13 amended effective May 2, 1991 (18:6 Md. R. 689) 

Regulation .14 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

—————— 

Regulations .01—.07A amended and Regulations .07B—.14 recodified to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533) 

Regulation .01B amended effective December 25, 2000 (27:25 Md. R. 2285) 

Regulation .02 amended effective December 25, 2000 (27:25 Md. R. 2285) 
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Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 16 Procedures Related to Requirements for Toxic Air Pollutants 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, 

Annotated Code of Maryland 

.01 Definitions. 

The terms defined in COMAR 26.11.15 also apply throughout this chapter. 

.02 Demonstrating Compliance with COMAR 26.11.15.06. 

A. Screening Analysis. 

(1) Carcinogenic Effects. A person may demonstrate that emissions of a Class I TAP from a premises will not unreasonably 

endanger human health because of potential carcinogenic effects by a screening analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed the risk-based screening level for the TAP. 

(2) Other Toxic Effects. 

(a) A person may demonstrate that emissions of a Class I or Class II TAP from a premises do not unreasonably endanger 

human health because of potential toxic effects other than cancer by a screening analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed applicable TLV-based, threshold-based, or special 

screening levels. 

(b) If a special screening level has been adopted, a TLV-based or threshold-based screening level may not be used for 

that TAP. A threshold-based screening level may be used only if there is no TLV, no special screening level, and no acceptable 

ambient level for a TAP. 

(3) For a screening analysis, a person may use the dispersion modeling procedures in Air Management Administration 

Technical Memorandum 86-02 (TM 86-02), "Ambient Air Quality Impact Screening Analysis for Toxic Air Pollutants", which is 

incorporated by reference, or other, more rigorous dispersion modeling procedures as provided in §C(1)(a) of this regulation. If 

concentrations predicted using TM 86-02 exceed applicable screening levels, more rigorous modeling techniques should be used 

in either a screening analysis or a more detailed analysis. 

(4) Instead of using dispersion modeling, a person may conduct a screening analysis by showing that total allowable 

emissions of a TAP will be less than the most stringent applicable emission rate listed in the tables in this section. Multiple

screening levels with different averaging periods may apply to a TAP. These tables may not be used with screening levels having

averaging periods other than those listed in the tables. Emission rates labeled "10 Meter Stacks, No Downwash" may be used only

if all emissions of the TAP are discharged from a stack or stacks at least 32.8 feet (10 meters) high under conditions preventing 

downwash. (TM 86-02 describes conditions causing downwash.) Except as provided in COMAR 26.11.15.06, these emission 

rates apply to the total allowable emissions from a premises. 

Screening Level 

Premises Emission Rate 

(10 Meter Stacks and No Downwash)

Premises Emission Rate 

(Shorter Stack, Possible Downwash, or Fugitive) 

Annual (micrograms/ cubic meter) (lb./yr.) (kg/yr.) (lb./yr.) (kg/yr.) 

0.001—0.0099 1.66 0.75 0.36 0.16 

0.01—0.099 16.64 7.53 3.65 1.65 

0.1—0.99 166.44 75.39 36.52 16.54 

1.0—10 1664.40 753.97 365.29 165.47 

Greater than 10 16644.00 7539.73 3652.92 1654.77 
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8-Hour or 1-Hour 

(micrograms/ cubic 

meter) (lb./hr.) (kg/hr.) (lb./hr.) (kg/hr.) 

1—9.9 0.01 0.007 0.003 0.001 

10—29.9 0.16 0.07 0.04 0.01 

30—59.9 0.49 0.22 0.10 0.04 

60—99.9 0.98 0.44 0.21 0.09 

100—129.9 1.60 0.70 0.36 0.16 

130—250 2.12 1.00 0.46 0.21 

Greater than 250 4.07 1.80 0.89 0.40 

B. Second Tier Analysis. 

(1) Carcinogenic Effects. A person may demonstrate that emissions of a Class I TAP from a premises will not unreasonably 

endanger human health because of potential carcinogenic effects by a second tier analysis showing that total allowable emissions 

from the premises will not cause increases in ambient levels that exceed an insignificant risk concentration (IRC) for the TAP, or 

by an approvable request for a special permit under Regulation .05 of this chapter. A second tier analysis would be appropriate if 

new information is available concerning carcinogenic dose-response relationships. A special permit should be requested if a 

person wishes to more accurately characterize exposure, to justify approval of risks greater than 1 × 10 superscript -5, or to 

otherwise modify assumptions to more accurately represent risks. 

(2) Other Toxic Effects. A person may demonstrate that emissions of a Class I or Class II TAP from a premises will not 

unreasonably endanger human health because of toxic effects other than cancer by a second tier analysis showing that total 

allowable emissions from the premises will not contribute to concentrations exceeding the applicable acceptable ambient level 

(AAL) for the TAP. 

C. General Procedures for Compliance Demonstrations. 

(1) Dispersion Modeling Procedures Required. 

(a) A person using dispersion modeling to demonstrate compliance with COMAR 26.11.15.06 shall use procedures 

approved by the Department. The Department will approve dispersion modeling procedures that are consistent with the U.S. 

Environmental Protection Agency's guidance on dispersion modeling. 

(b) For second tier analysis showing that total allowable emissions from a premises will not contribute to concentrations 

exceeding an acceptable ambient level, a person shall use available emissions data to model ambient impacts caused by other 

sources of the Class II TAP within 5 kilometers (3.1 miles) of the premises. The Department will assist persons modeling ambient 

concentrations for comparison to AALs by providing available information on emissions from other sources or on background 

levels. The Department may provide additional assistance as resources permit. 

(2) Averaging Times. To demonstrate compliance with this chapter, a person shall use the averaging time consistent with 

the applicable screening level, AAL, or IRC unless the Department requires the use of a shorter averaging time. The Department 

will require that a shorter averaging time be used if it determines that the operating procedures of the source may cause a high 

concentration of a TAP for a short period and that consideration of potential health effects due to peak exposures may be 

warranted for the TAP. 

.03 Screening Levels. 

A. Screening Levels for Toxic Effects Other than Cancer. 

(1) TLV-Based Screening Levels. TLV-based screening levels shall be determined as follows: 

(a) If a toxic air pollutant (TAP) has a threshold limit value-time weighted average (TLV-TWA), divide the TLV-TWA 

by 100 to calculate an 8-hour time-weighted average screening level; 

(b) If a TAP has a ceiling TLV (TLV-C) or a short term exposure limit (TLV-STEL), divide the TLV-C or TLV-STEL 

by 100 to calculate a 1-hour time-weighted average screening level; 
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(c) If a TAP has both a TLV-TWA and TLV-STEL, calculate both 8-hour and 1-hour time-weighted average screening 

levels as described above. 

(2) Threshold-Based Screening Levels. 

(a) If a TAP has neither a TLV, nor a special screening level, nor an acceptable ambient level, then a person may use one of 

the following formulae, given in order of preference, to develop an 8-hour threshold-based screening level in milligrams/cubic meter. 

In these formulae, a NOEL is a No Observed Effect Level, and an LC50 or LD50 is a concentration or dose, respectively, expected to 

cause the death of 50 percent of an entire defined experimental animal population. The following are formulae to be used: 

(i) Divide a 90-day inhalation NOEL in milligrams/cubic meter for rats, mice, or rabbits by 100; 

(ii) Multiply a 90-day oral NOEL in milligrams/kilograms for rats by 2.7 × 10-3rd), for mice by 9.0 × 10-4th), or for 

rabbits by 1.3 × 10-3rd); 

(iii) Divide a 7-day inhalation NOEL in milligrams/cubic meter for rats, mice, or rabbits by 700; 

(iv) Multiply a 7-day oral NOEL in milligrams/kilograms for rats by 3.8 × 10-4th), for mice by 1.3 × 10-4th), or for 

rabbits by 1.9 × 10-4th); 

(v) Divide an LC50 in milligrams/cubic meter for rats, mice, or rabbits by 10,000; or 

(vi) Multiply an oral LD50 in milligrams/kilograms for rats by 4.1 × 10-5th), for mice by 1.4 × 10-5th), or for rabbits by 

2.0 × 10-5th). 

(b) When two or more animal test data acceptable to the Department are available for use under a subparagraph in 

§A(2)(a) of this regulation, the screening level shall be calculated using the data producing the lowest screening level. 

(c) The above formulae are not the only ones appropriate for developing screening levels. These are acceptable formulae 

to the Department at this time. Other formulae may be used to calculate special screening levels. 

(3) Special Screening Level. If a special screening level for a toxic air pollutant is listed in Regulation .09 of this chapter, 

the special screening level or levels in Regulation .09 of this chapter replace applicable TLV-based or threshold-based screening 

levels for that toxic air pollutant. 

(4) General. 

(a) The Department may adopt special screening levels for TAPs that ACGIH has identified as carcinogens. A person 

should contact the Air Management Administration before using a TLV-based screening level for any of these TAPs. 

(b) The Department will provide information on TLV-based screening levels upon request. 

(c) The Department will maintain a list of AALs under consideration pending their adoption into this chapter, and will 

make a list available upon request. 

B. Screening Level for Carcinogenic Effects. 

(1) "Risk-based screening level" means the annual average concentration, in micrograms per cubic meter, that would 

increase a person's lifetime cancer risk by 1 in 100,000 (1 × 10-5th)) if the person were continuously exposed to the concentration 

for 70 years. The Department will calculate the risk-based screening level using: 

(a) If available, a unit risk factor developed by the Cancer Assessment Group of the U.S. Environmental Protection 

Agency (termed a CAG unit risk factor); or 

(b) If a CAG unit risk factor is not available, an upper bound unit risk factor developed in accordance with EPA's Risk 

Assessment Guidelines. 

(2) The Department will maintain an up-to-date list of available risk-based screening levels and will provide information on 

these levels upon request. 

.04 Scientific Review and Amendment of Various Levels and Lists. 

A. Ongoing Scientific Review. 

(1) In order to use the best available scientific information, the Department will conduct an ongoing review of information 

concerning whether to add or delete toxic air pollutants under Regulations .06 and .07 of this chapter and concerning what 
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screening levels or ambient concentrations should be used to review emissions of toxic air pollutants. In its ongoing review, the 

Department will consider scientific information developed by the U.S. Environmental Protection Agency, other states, or other 

scientific organizations. The Department will also consider scientific information provided by any person. 

(2) In reviewing information about toxic air pollutants or requests to amend lists, screening levels, or ambient 

concentrations, the Department will request advice from the Governor's Science Advisory Council. 

B. Interim Levels Set During Permit Review. 

(1) Requesting Approval. 

(a) In order to demonstrate compliance with COMAR 26.11.15.06 when scientific evidence indicates a screening level 

adopted under this chapter should be revised, a person may request Departmental approval of an interim special screening level,

interim AAL, or interim IRC for a TAP. The person shall submit written information on the health effects of the TAP, the levels

at which health effects have occurred, and other supporting information requested by the Department. 

(b) The Department may use an interim special screening level, interim AAL, or interim IRC, to establish allowable 

emissions of a TAP for a source until a special screening level, AAL, or IRC for the TAP has been adopted or amended under this

chapter. 

(2) Scientific and Public Review. 

(a) In order to evaluate information concerning a proposed interim special screening level, an interim AAL, or interim 

IRC, the Department may convene a scientific review panel consisting of scientific experts from within or outside the 

Department. 

(b) If the Department makes a determination to proceed with an interim special screening level, interim AAL, or interim 

IRC, it will notify the applicant. The applicant shall publish a notice of an opportunity for a public hearing on the interim special 

screening level, interim AAL, or interim IRC, using the procedures set forth at COMAR 26.11.02.12F, G for providing public 

notice and an opportunity for public hearing. 

(c) If the Department is required or intends to provide an opportunity for a public hearing on a permit or approval for the 

source in question, the opportunity for a public hearing on the interim special screening level, interim AAL, or interim IRC, may 

be provided concurrently. 

(3) Approval Criteria. The Department will approve an interim special screening level, interim AAL, or interim IRC, only if 

it meets the approval criteria listed under §D of this regulation. 

C. Petitions. 

(1) Filing. In accordance with COMAR 26.01.03, any interested person may file a petition asking the Department to adopt 

or amend a special screening level, acceptable ambient level, or insignificant risk concentration for a TAP. The petitioner should 

submit information on the health effects expected to be caused by the TAP, the levels at which health effects occur, other 

information that supports adopting or changing a screening level, acceptable ambient level, or insignificant risk concentration. 

(2) Scientific Review. In order to evaluate information submitted by a petitioner, the Department may convene a scientific 

review panel consisting of scientific experts from within or outside the Department. 

D. Approval Criteria. 

(1) Special Screening Level. The Department will adopt a special screening level only if it determines that the level will not 

unreasonably endanger human health and provides a scientifically appropriate basis for screening analysis. In deciding whether to 

establish a special screening level for a TAP, the Department will consider the scientific basis for both the special screening level 

and any applicable TLV as well as other available information on the health effects of the TAP. 

(2) Acceptable Ambient Level. The Department will adopt an AAL under this chapter only if the Department determines 

that concentrations at that level will provide a margin of safety to protect the public health from toxic effects of the TAP other 

than cancer. 

(3) Insignificant Risk Concentration. 

(a) The Department will adopt an IRC under this chapter only if the Department determines the IRC is calculated using 

procedures consistent with EPA's Risk Assessment Guidelines and is the annual average concentration, in micrograms per cubic 
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meter, that would increase a person's lifetime cancer risk by not more than 1 in 100,000 (1 × 10-5th)) if the person were 

continuously exposed to the concentration for 70 years. 

(b) In deciding whether to adopt an IRC, the Department will consider factors contributing to the uncertainty of the 

applicable upper bound unit risk factor, including: 

(i) Whether it is appropriate to use a most likely estimate of risk rather than a 95 percent upper confidence limit in 

developing an IRC; 

(ii) Whether the IRC should be based on the highest unit risk factor developed from the most sensitive species; and 

(iii) Other pertinent information. 

.05 Procedures for Requesting Special Permits. 

A. Applicability. 

(1) A person who cannot demonstrate that a premises discharging a Class I TAP complies with COMAR 26.11.15.06 using 

a risk-based screening level may submit a written request for the Department to establish allowable emissions for the premises in 

a special permit. 

(2) The Department will issue a special permit to specify the maximum allowable emissions of any Class I TAP discharged 

from the premises. 

(3) Except as provided by State Government Article, §10-404, Annotated Code of Maryland, a special permit expires 5 

years from the date it is issued by the Department. 

B. Approval Criteria. The Department will approve a special permit only if it determines that emission controls represent at 

least T-BACT and emissions of toxic air pollutants will not unreasonably endanger human health. In making this determination, 

the Department will consider information submitted by the applicant, public comments, and other available and relevant 

information, including: 

(1) The effectiveness, cost, feasibility, and timing of additional risk reductions, including consideration of process changes 

or relocation of the source; 

(2) Estimated public health risks; 

(3) Environmental and social consequences of granting or denying the permit; and 

(4) Uncertainty in data or analysis. 

C. Application. 

(1) Required Information. A person applying for a special permit shall submit the following information to the Department 

in addition to any other information required by COMAR 26.11.02: 

(a) A demonstration that emission controls on installations at the premises that discharge the Class I TAP in question 

represent T-BACT; 

(b) A description and assessment of the effectiveness, cost, and feasibility of potential methods for achieving additional 

risk reductions; 

(c) An assessment of the increased risk of cancer caused by allowable emissions from the premises, determined using 

procedures consistent with EPA's Risk Assessment Guidelines and approved by the Department; 

(d) A description of current or future populations that may be affected by the premises' emissions; 

(e) An assessment of other environmental health stresses borne by the affected population; and 

(f) Other information requested by the Department and pertinent to the Department's decision to grant or deny the special 

permit. 

(2) Risk Assessment. 

(a) The risk assessment submitted under §C(1)(c) of this regulation shall include: 

(i) A discussion of overall uncertainty in data and analysis; and 
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(ii) An estimate of the increase in individual risk from a continuous 70-year exposure to the highest annual average 

concentration off the property. 

(b) The risk assessment submitted under §C(1)(c) of this regulation includes one or more alternative characterizations of 

risk, such as: 

(i) The estimated increase in individual risk at the location of the most exposed individual; 

(ii) The estimated increase in individual risk from each year of exposure; 

(iii) The maximum number of cancers in the exposed population that would be expected due to operation of the 

premises; or 

(iv) Other risk estimates more accurately characterizing exposure from emissions from the premises. 

(c) The risk assessment submitted under §C(1)(c) of this regulation may use alternative unit risk factors, alternative 

dispersion modeling techniques, or other alternative risk assessment procedures approved by the Department and consistent with 

EPA's Risk Assessment Guidelines. 

D. Scientific Review and Public Hearing. 

(1) Optional Scientific Review Panel. If the Department makes a preliminary decision to consider an application for a 

special permit, it may convene a scientific review panel consisting of experts from within or outside the Department to evaluate 

information submitted as part of the application. 

(2) Public Notice and Opportunity for Public Hearing. 

(a) Except as provided in §D(2)(b) of this regulation, if the Department makes a determination to proceed with the 

application, it will follow the procedures under COMAR 26.11.02.12F and G for providing public notice and an opportunity for 

public hearing. 

(b) Unless public notice and an opportunity for public hearing are required by Environment Article, §2-204, Annotated 

Code of Maryland, or by other State or federal regulations, the Department will waive the requirement for public notice and 

opportunity for public hearing under this section if the Department determines that all of the following conditions are met: 

(i) T-BACT is being used to reduce emissions of the TAP from the premises; 

(ii) Emissions from the premises will not unreasonably endanger human health; 

(iii) Emissions from the premises will cause increases in ambient levels of the TAP that are greater than the risk-based 

screening level for the TAP only on property that is zoned and used for industrial purposes; and 

(iv) Increases in ambient levels of the TAP on property that is zoned and used for industrial purposes will increase a 

person's lifetime cancer risk by not more than 1 in 100,000 (1 X 10 superscript -5) using assumptions that are consistent with 

EPA's Risk Assessment Guidelines and that the Department concludes accurately characterize worst plausible exposure and risk 

in those areas. For areas zoned and used for industrial purposes, the Department will assume a person is continuously exposed to 

the TAP for 40 hours a week for 40 years unless the Department concludes that other exposure assumptions would more 

accurately characterize worst plausible exposures in a particular instance. 

.06 Class I Toxic Air Pollutants. 

A. Known Human Carcinogens. 

CAS 

Number Substance

(1) 92-67-1 4-Aminobiphenyl; 

(2) — Analgesic mixtures containing phenacetin; 

(3) — Arsenic and inorganic arsenic compounds; 

(4) — Asbestos; 

(5) 466-86-6 Azathioprine (purine); 

(6) 71-43-2 Benzene; 

(7) 92-87-5 Benzidine; 
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CAS 

Number Substance

(8) 55-98-1 1,4-Butanediol dimethanesulphonate; 

(9) 305-03-3 Chlorambucil; 

(10) — 1-(2 Chloroethyl)-3-(4 methylcyclohexyl)-1 nitrosourea (methyl CCNU); 

(11) 494-03-1 N,N-Bis(2-chloroethyl)-2-naphthylamine (chloronaphazine); 

(12) 542-88-1 Bis(chloromethyl) ether; 

(13) 107-30-2 Chloromethyl methyl ether; 

(14) — Chromium compounds in the oxidation state VI 

(i.e., hexavalent chromium compounds), except sodium dichromate; 

(15) — Coke oven emissions; 

(16) 50-18-0 Cyclophosphamide; 

(17) 56-53-1 Diethylstilbesterol (DES); 

(18) 12510-42-8 Erionite; 

(19) — Estrogens (conjugated); 

(20) 148-82-3 Melphalan; 

(21) 298-81-7 Methoxsalen; 

(22) 505-60-2 Mustard gas; 

(23) 91-59-8 2-Naphthylamine; 

(24) 1314-20-1 Thorium dioxide; 

(25) 299-75-2 Treosulphan; 

(26) 75-01-4 Vinyl chloride. 

B. Probable Human Carcinogens. 

CAS Number Substance

(1) 60-35-5 Acetamide; 

(2) 53-96-3 2-Acetylaminofluorene; 

(3) 79-06-1 Acrylamide; 

(4) 107-13-1 Acrylonitrile; 

(5) 50-76-0 Actinomycin D; 

(6) 23214-92-8 Adriamycin; 

(7) 3688-53-7 AF-2: (2-(2-furye)-3-(5-nitro-2-furye)acrylamide); 

(8) — Aflatoxins; 

(9) 117-79-3 2-Aminoanthraquinone; 

(10) 60-09-3 p-Aminoazobenzene; 

(11) 82-28-0 1-Amino-2-methylanthraquinone; 

(12) 26148-68-5 A-a-C (2-Amino-9H-pyrido[2,3-b]indole); 

(13) 61-82-5 Amitrole; 

(14) 90-04-0 o-Anisidine; 

(15) 134-28-2 o-Anisidine hydrochloride; 

(16) 140-57-8 Aramite; 
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(17) 492-80-8 Auramine; 

CAS Number Substance

(18) 56-55-3 Benz(a)anthracene; 

(19) 50-32-8 Benzo(a)pyrene; 

(20) 204-99-2 Benzo(b)fluoranthene; 

(21) 98-07-7 Benzotrichloride; 

(22) — Beryllium and compounds; 

(23) 154-93-8 Bischloroethyl nitrosourea; 

(24) 106-99-0 1,3-Butadiene; 

(25) 25013-16-5 Butylated hydroxyanisole (BHA); 

(26) — Cadmium and compounds; 

(27) 56-23-5 Carbon tetrachloride; 

(28) 9000-07-1 Carrageen: degraded; 

(29) 56-75-7 Chloramphenicol; 

(30) 13010-47-4 1-(2-Chloroethyl)-3-cyclohexyl-1-nitrosourea (CCNU); 

(31) 67-66-3 Chloroform; 

(32) — Chlorophenoxy herbicides; 

(33) 95-83-0 4-Chloro-o-phenylenediamine; 

(34) — p-Chloro-o-toluidene; 

(35) 15663-27-1 Cisplatin; 

(36) 120-71-8 p-Cresidine; 

(37) 135-20-6 Cupferron; 

(38) 14901-08-7 Cycasin; 

(39) 4342-03-4 Dacarbazine; 

(40) 50-29-3 DDT (1,1,1-trichloro-2,2-bis(p-chlorophenyl)-ethane); 

(41) 615-05-4 2,4-Diaminoanisole; 

(42) 39156-41-7 2,4-Diaminoanisole sulfate; 

(43) 95-80-7 2,4-Diaminotoluene; 

(44) 226-36-8 Dibenz(a,h)acridine; 

(45) 224-42-0 Dibenz(a,j)acridine; 

(46) 53-70-3 Dibenz(a,h)anthracene; 

(47) 194-59-2 7H-Dibenzo(c,g)carbazole; 

(48) 189-64-0 Dibenzo(a,h)pyrene; 

(49) 189-55-9 Dibenzo(a,i)pyrene; 

(50) 96-12-8 1,2-Dibromo-3-chloropropane (DBCP); 

(51) 106-46-7 p-Dichlorobenzene; 

(52) 91-94-1 3,3'-Dichlorobenzidine; 

(53) 107-06-2 1,2-Dichloroethane; 

(54) 542-75-6 1,3-Dichloropropene (technical grade); 

(55) 87-17-3 Dienoestrol; 
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(56) 1464-53-3 Diepoxybutane; 

CAS Number Substance

(57) 117-81-7 Di(2-ethylhexyl)phthalate; 

(58) 66-67-5 Diethyl sulfate; 

(59) 119-90-4 3,3'-Dimethoxybenzidine; 

(60) 60-11-7 4-Dimethylaminoazobenzene; 

(61) 119-93-7 3,3'-Dimethylbenzidine; 

(62) 79-44-7 Dimethylcarbamoyl chloride; 

(63) 57-14-7 1,1-Dimethylhydrazine; 

(64) 77-78-1 Dimethyl sulfate; 

(65) 123-91-1 1,4-Dioxane; 

(66) — Dioxins and furans; 

(67) 1937-37-7 Direct Black 38; 

(68) 2602-46-2 Direct Blue 6; 

(69) 16071-86-6 Direct Brown 95; 

(70) 106-89-8 Epichlorohydrin; 

(71) — Estrogens (unconjugated); 

(72) 8056-51-7 Ethinyloestradiol; 

(73) 140-88-5 Ethyl acrylate; 

(74) 106-93-4 Ethylene dibromide (1,2-dibromoethane) (EDB); 

(75) 75-21-8 Ethylene oxide; 

(76) 96-45-7 Ethylene thiourea; 

(77) 759-23-9 N-Ethyl-N-nitrosourea; 

(78) 50-00-0 Formaldehyde; 

(79) 67730-11-4 Glu-P-1(2-amino-6-methyldipyrido[1,2-a:3',2'-d] imidazole); 

(80) 67730-12-5 Glu-P-2(2-aminodipyrido[1,2-a:3',2'-d]imidazole); 

(81) 126-07-8 Griseofulvin; 

(82) 118-74-1 Hexachlorobenzene; 

(83) 680-31-9 Hexamethylphosphoramide; 

(84) 302-01-2 Hydrazine; 

(85) 10034-93-2 Hydrazine sulfate; 

(86) 122-66-7 Hydrazobenzene; 

(87) 193-39-5 Indeno(1,2,3-cd)pyrene; 

(88) — IQ (2-amino-3-methylimidazo[4,5-f]quinoline); 

(89) 9004-66-4 Iron dextran complex; 

(90) 143-50-0 Kepone; 

(91) 301-04-2 Lead acetate; 

(92) 7446-27-7 Lead phosphate; 

(93) 58-89-9 Lindane and other hexachlorocyclohexane isomers; 

(94) — MeA-a-C(2-amino-3-methyl-9H-pyrido[2,3-b] indole); 
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(95) 72-33-3 Mestranol; 

CAS Number Substance

(96) 484-20-8 5-Methoxypsoralen; 

(97) 75-55-8 2-Methylaziridine; 

(98) 101-14-4 4,4'-Methylene bis(2-chloroaniline) (MOCA); 

(99) 101-61-1 4,4'-Methylene bis(N,N'-dimethyl) benzenamine; 

(100) 107-77-9 4,4'-Methylenedianiline; 

(101) 13552-44-8 4,4'-Methylenedianiline dihydrochloride; 

(102) 78-88-4 Methyl iodide; 

(103) 684-93-5 N-Methyl-N-nitrosourea; 

(104) 615-53-2 N-Methyl-N-nitrosourethane; 

(105) 75-09-2 Methylene chloride; 

(106) 443-48-1 Metronidazole; 

(107) 90-94-8 Michler's ketone; 

(108) 2385-85-5 Mirex; 

(109) — Nickel and compounds; 

(110) 139-13-9 Nitriloacetic acid; 

(111) 1836-75-5 Nitrofen; 

(112) 51-75-2 Nitrogen mustard; 

(113) 99-59-2 5-Nitro-o-anisidine; 

(114) 79-46-9 2-Nitropropane; 

(115) 1116-54-7 N-Nitrosodiethanolamine; 

(116) 55-18-5 N-Nitrosodiethylamine; 

(117) 62-75-9 N-Nitrosodimethylamine; 

(118) 924-16-3 N-Nitrosodi-n-butylamine; 

(119) 621-64-7 N-Nitrosodi-n-propylamine; 

(120) 156-10-5 p-Nitrosodiphenylamine; 

(121) — 3-(N-Nitrosomethylamino) propionitrile; 

(122) — 4-(N-Nitrosomethylamino)-1-(3-pyridyl)-1-butanone (NNK); 

(123) 4549-40-0 N-Nitrosomethylvinylamine; 

(124) 59-89-2 N-Nitrosomorpholine; 

(125) 759-73-9 N-Nitroso-n-ethylurea; 

(126) 684-93-5 N-Nitroso-n-methylurea; 

(127) 621-64-7 N-Nitroso-n-propylamine; 

(128) 16543-55-8 N-Nitrosonornicotine; 

(129) 100-75-4 N-Nitrosopiperidine; 

(130) 930-55-2 N-Nitrosopyrrolidine; 

(131) 13256-22-9 N-Nitrososarcosine; 

(132) 68-22-4 Norethisterone; 

(133) 50-28-2 Oestradiol-17-beta; 
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(134) 53-16-7 Oestrone; 

CAS Number Substance

(135) 434-07-1 Oxymethalone; 

(136) 62-44-2 Phenacetin; 

(137) 94-78-0 Phenazopyridine; 

(138) 136-40-3 Phenazopyridine hydrochloride; 

(139) 50-06-6 Phenobarbital; 

(140) 57-41-0 Phenytoin; 

(141) 630-93-3 Phenytoin, sodium salt; 

(142) — Polybrominated biphenyls (PBBs); 

(143) — Polychlorinated biphenyls (PCBs); 

(144) 7758-01-2 Potassium bromate; 

(145) 671-16-9 Procarbazine; 

(146) 366-70-1 Procarbazine hydrochloride; 

(147) 57-83-0 Progesterone; 

(148) 1120-71-4 1,3-Propane sultone; 

(149) 57-57-8 B-Propiolactone; 

(150) 75-56-9 Propylene oxide; 

(151) 51-52-5 Propylthiouracil; 

(152) 50-55-5 Reserpine; 

(153) 81-07-2 Saccharin; 

(154) 94-59-7 Safrole; 

(155) 7446-34-6 Selenium sulfide; 

(156) 132-27-4 Sodium orthophenylphenate; 

(157) 18883-66-4 Streptozotocin; 

(158) 95-06-7 Sulfallate; 

(159) 62-55-5 Thioacetamide; 

(160) 62-56-6 Thiourea; 

(161) 584-84-9 2,4-Toluene diisocyanate; 

(162) 95-53-4 o-Toluidine; 

(163) 636-21-5 o-Toluidine hydrochloride; 

(164) 8001-35-2 Toxaphene; 

(165) 88-06-2 2,4,6-Trichlorophenol; 

(166) 68-76-8 Tris(aziridinyl)-para-benzoquinone (triaziquone); 

(167) 52-24-4 Tris(1-aziridinyl)phosphine sulfide; 

(168) 126-72-7 Tris(2,3-dibromopropyl)phosphate; 

(169) 66-75-1 Uracil mustard; 

(170) 51-79-6 Urethane; 

(171) 593-60-2 Vinyl bromide. 
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C. Potential Human Carcinogens. 

CAS Number Substance

(1) 75-07-0 Acetaldehyde; 

(2) 97-56-3 o-Aminoazotoluene; 

(3) 712-68-5 2-Amino-5-(5-nitro-2-furyl)-1,3,4-thiadiazole; 

(4) 115-02-6 Azaserine; 

(5) 205-82-3 Benzo(j)fluoranthene; 

(6) 205-08-9 Benzo(k)fluoranthene; 

(7) 1694-09-3 Benzyl violet 4b; 

(8) 3068-88-0 B-Butyrolactone; 

(9) 6358-53-8 Citrus Red No. 2; 

(10) 20830-81-3 Daunomycin; 

(11) 613-35-4 N,N-Diacetylbenzidine; 

(12) 101-80-4 4,4'-Diaminodiphenyl ether; 

(13) 192-65-4 Dibenzo(a,e)pyrene; 

(14) 191-30-0 Dibenzo(a,l)pyrene; 

(15) 28434-86-8 3,3'-Dichloro-4,4'-diaminodiphenyl ether; 

(16) 1615-80-1 1,2-Diethylhydrazine; 

(17) 101-90-6 Diglycidyl resorcinol ether; 

(18) 94-58-6 Dihydrosafrole; 

(19) 55738-54-0 trans-2((Dimethylamino) methylimino)-5-(2-(5-nitro-2-furyl)vinyl)-1,3,4-oxadiazole; 

(20) 540-73-8 1,2-Dimethylhydrazine; 

(21) 62-50-0 Ethyl methanesulphonate; 

(22) 3570-75-0 2-(2-Formylhydrazino)-4-(5-nitro-2-furyl)thiazole; 

(23) 765-34-4 Glyciadaldehyde; 

(24) 16568-02-8 Gryomitrin; 

(25) 120-62-7 Isosafrole; 

(26) 303-34-4 Lasiocarpine; 

(27) 531-76-0 Merphalan; 

(28) 590-96-5 Methylazoxymethanol; 

(29) 592-62-1 Methylazoxymethanol acetate; 

(30) 3697-24-3 5-Methylchrysene; 

(31) 838-88-0 4,4'-Methylene bis(2-methylaniline); 

(32) 66-27-3 Methyl methanesulphonate; 

(33) 129-15-7 2-Methyl-1-nitroanthraquinone; 

(34) 70-25-7 N-Methyl-N'-nitro-N-nitrosoguanidine; 

(35) 64091-91-4 4-(Methylnitrosamino)-1-(3-pyridyl)-1-butanone; 

(36) 56-04-2 Methylthiouracil; 

(37) 50-07-7 Mitromycin C; 

(38) 315-22-0 Monocrotaline; 

(39) 139-91-3 5-(Morpholinomethyl)-3-((5-nitrofurfurylidene)amino)-2-oxazolidinone; 
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(40) 3771-19-5 Nafenopin; 

(41) 61-57-4 Niridazole; 

(42) 602-87-9 5-Nitroacenaphthene; 

(43) 555-84-9 1-(5-Nitrofurfurylidene)amino)-2-imidazolidinone; 

(44) 531-82-8 N-(4-(5-Nitro-2-furyl)-2-thiazolyl)acetamide; 

(45) 126-85-2 Nitrogen mustard N-oxide; 

(46) 302-70-5 Nitrogen mustard N-oxide hydrochloride; 

(47) 10595-95-6 N-Nitrosomethylethylamine; 

(48) 615-53-2 N-Nitroso-N-methylurethane; 

(49) 2646-17-5 Oil orange SS; 

(50) 794-93-4 Panfuran S (Dihydroxymethylfuratrizine); 

(51) 59-96-1 Phenoxybenzamine; 

(52) 63-92-3 Phenoxybenzamine hydrochloride; 

(53) 3761-53-3 Ponceau MX; 

(54) 3564-09-8 Ponceau 3R; 

(55) 128-44-9 Sodium saccharin; 

(56) 10048-13-2 Sterigmatocystin; 

(57) 96-09-3 Styrene oxide; 

(58) — Testosterone and its esters; 

(59) 139-65-1 4,4'-Thiodianiline; 

(60) 68808-54-8 Trp-P-1; 

(61) 62450-07-1 Trp-P-2; 

(62) 72-57-1 Trypan blue (commercial grade). 

.07 Toxic Air Pollutants for Existing Sources. 

A. Class I Toxic Air Pollutants Requiring Ambient Impact Analysis by Existing Sources. 

CAS Number Substance Compliance Date

(1) 60-35-5 Acetamide 11-9-92;

(2) 79-06-1 Acrylamide 11-9-92;

(3) 107-13-1 Acrylonitrile 7-1-90;

(4) — Arsenic and inorganic compounds 7-1-90;

(5) 1332-21-4 Asbestos 7-1-90;

(6) 71-43-2 Benzene 7-1-90;

(7) 92-87-5 Benzidine 7-1-90;

(8) 50-32-8 Benzo(a)pyrene 7-1-90;

(9) — Beryllium and compounds 7-1-90;

(10) 542-88-1 Bis(chloromethyl)ether 7-1-90;

(11) 106-99-0 1,3-Butadiene 11-9-92;

(12) 7440-43-9 Cadmium and compounds 7-1-90;

(13) 56-23-5 Carbon tetrachloride 7-1-90;

(14) 67-66-3 Chloroform 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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CAS Number Substance Compliance Date

(15) 107-30-2 Chloromethyl methyl ether 7-1-90;

(16) — Chromium VI compounds except sodium dichromate 7-1-90;

(17) — Coke oven emissions 7-1-90;

(18) 615-05-4 2,4-Diaminoanisole 11-9-92;

(19) 106-46-7 p-Dichlorobenzene 11-9-92;

(20) 107-06-2 1,2-Dichloroethane 7-1-90;

(21) 542-75-06 1,3-Dichloropropene (technical grade) 11-9-92;

(22) — Dioxins and furans 7-1-90;

(23) 106-89-8 Epichlorohydrin 7-1-90;

(24) 140-88-5 Ethyl acrylate 11-9-92;

(25) 106-93-4 Ethylene dibromide 7-1-90;

(26) 75-21-8 Ethylene oxide 7-1-90;

(27) 50-00-0 Formaldehyde 7-1-90;

(28) 75-09-2 Methylene chloride 11-9-92;

(29) 505-60-2 Mustard gas 7-1-90;

(30) 91-59-8 2-Naphthylamine 7-1-90;

(31) — Nickel and compounds 7-1-90;

(32) 759-73-9 N-Nitroso-n-ethylurea 7-1-90;

(33) 55-18-5 N-Nitrosodiethylamine 7-1-90;

(34) 59-89-2 N-Nitrosomorpholine 7-1-90;

(35) 1336-36-3 Polychlorinated biphenyls (PCBs) 7-1-90;

(36) 1314-20-1 Thorium dioxide 7-1-90;

(37) 584-84-9 Toluene 2,4-diisocyanate 7-1-90;

(38) 593-60-2 Vinyl bromide 11-9-92;

(39) 75-01-4 Vinyl chloride 7-1-90.

B. Class II Toxic Air Pollutants Requiring Emission Estimates or Ambient Impact Analysis by Existing Sources. 

CAS Number Substance Compliance Date

(1) 53-96-3 Acetamide, N-9H-fluoren-2-yl- 1-1-92;

(2) 67-64-1 Acetone 1-1-92;

(3) 75-86-5 Acetone cyanohydrin 7-1-90;

(4) 1752-30-3 Acetone thiosemicarbazide 7-1-90;

(5) 75-05-8 Acetonitrile 1-1-92;

(6) 107-02-8 Acrolein 7-1-90;

(7) 79-10-7 Acrylic acid 1-1-92;

(8) 814-68-6 Acrylyl chloride 7-1-90;

(9) 111-69-3 Adiponitrile 7-1-90;

(10) 116-06-3 Aldicarb 7-1-90;

(11) 309-00-2 Aldrin 7-1-90;

(12) 107-18-6 Allyl alcohol 7-1-90;

(13) 107-05-1 Allyl chloride 1-1-92;
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CAS Number Substance Compliance Date

(14) 107-11-9 Allylamine 7-1-90;

(15) 20859-73-8 Aluminum phosphide 7-1-90;

(16) 60-09-3 4-Aminoazobenzene 1-1-92;

(17) 54-62-6 Aminopterin 7-1-90;

(18) 78-53-5 Amiton 7-1-90;

(19) 3734-97-2 Amiton oxalate 7-1-90;

(20) 7664-41-7 Ammonia 7-1-90;

(21) 16919-58-7 Ammonium chloroplatinate 7-1-90;

(22) 7783-20-2 Ammonium sulfate (solution) 1-1-92;

(23) 300-62-9 Amphetamine 7-1-90;

(24) 62-53-3 Aniline 7-1-90;

(25) 88-05-1 Aniline, 2,4,6-trimethyl- 7-1-90;

(26) 104-94-9 p-Anisidine 1-1-92;

(27) 120-12-7 Anthracene 1-1-92;

(28) — Antimony and compounds 1-1-92;

(29) 7783-70-2 Antimony pentafluoride 7-1-90;

(30) 1397-94-0 Antimycin A 7-1-90;

(31) 86-88-4 Antu 7-1-90;

(32) — Arsenic (organic compounds only) 1-1-92;

(33) 7784-42-1 Arsine 7-1-90;

(34) 2642-71-9 Azinphos-ethyl 7-1-90;

(35) 86-50-0 Azinphos-methyl 7-1-90;

(36) — Barium and its soluble compounds 1-1-92;

(37) 98-87-3 Benzal chloride 7-1-90;

(38) 55-21-0 Benzamide 1-1-92;

(39) 98-16-8 Benzenamine, 3-(trifluoromethyl)- 7-1-90;

(40) 94-59-7 Benzene,1,2-methylenedioxy-4-allyl- 1-1-92;

(41) 541-73-1 Benzene, 1,3-dichloro- 1-1-92;

(42) 100-14-1 Benzene, 1-(chloromethyl)-4-nitro 7-1-90;

(43) 121-14-2 Benzene, 1-methyl-2,4-dinitro- 1-1-92;

(44) 606-20-2 Benzene, 1-methyl-2,6-dinitro- 1-1-92;

(45) 98-82-8 Benzene, 1-methylethyl- 1-1-92;

(46) 110-82-7 Benzene, hexahydro- 1-1-92;

(47) 108-38-3 Benzene, m-dimethyl- 1-1-92;

(48) 95-47-6 Benzene, o-dimethyl- 1-1-92;

(49) 106-42-3 Benzene, p-dimethyl- 1-1-92;

(50) 82-68-8 Benzene, pentachloronitro- 1-1-92;

(51) 98-05-5 Benzenearsonic acid 7-1-90;

(52) 85-44-9 1,2-Benzenedicarboxylic acid anhydride 1-1-92;

(53) 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester 1-1-92;
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

CAS Number Substance Compliance Date

(54) 3615-21-2 Benzimidazole, 4,5-dichloro-2-(trifluoromethyl)- 7-1-90;

(55) 81-07-2 1,2-Benzisothiazolin-3-one, 1,1-dioxide, and salts 1-1-92;

(56) 98-88-4 Benzoyl chloride 1-1-92;

(57) 94-36-0 Benzoyl peroxide 1-1-92;

(58) 100-44-7 Benzyl chloride 7-1-90;

(59) 140-29-4 Benzyl cyanide 7-1-90;

(60) 15271-41-7 Bicyclo[2.2.1]heptane-2-carbonitrile, 5-chloro-6- 

(((methylamino)carbonym) oxy)1m 7-1-90;

(61) 92-52-4 Biphenyl 1-1-92;

(62) 108-60-1 Bis(2-chloroisopropyl) ether 1-1-92;

(63) 103-23-1 Bis(2-ethylhexyl) adipate 1-1-92;

(64) 534-07-6 Bis(chloromethyl) ketone 7-1-90;

(65) 4044-65-9 Bitoscanate 7-1-90;

(66) 10294-34-5 Boron trichloride 7-1-90;

(67) 7637-07-2 Boron trifluoride 7-1-90;

(68) 353-42-4 Boron trifluoride compound with methyl ether (1:1) 7-1-90;

(69) 28772-56-7 Bromadiolone 7-1-90;

(70) 7726-95-6 Bromine 7-1-90;

(71) 75-25-2 Bromoform 1-1-92;

(72) 141-32-2 Butyl acrylate 1-1-92;

(73) 71-36-3 n-Butyl alcohol 1-1-92;

(74) 75-65-0 tert-Butyl alcohol 1-1-92;

(75) 78-92-2 sec-Butyl alcohol 1-1-92;

(76) 85-68-7 Butyl benzyl phthalate 1-1-92;

(77) 106-88-7 1,2-Butylene oxide 1-1-92;

(78) 123-72-8 Butyraldehyde 1-1-92;

(79) 2650-18-2 C.I. Acid Blue 9, diammonium salt 1-1-92;

(80) 3844-45-9 C.I. Acid Blue 9, disodium salt 1-1-92;

(81) 4680-78-8 C.I. Acid Green 1-1-92;

(82) 569-64-2 C.I. Basic Green 4 1-1-92;

(83) 989-38-8 C.I. Basic Red 1 1-1-92;

(84) 2832-40-8 C.I. Disperse Yellow 3 1-1-92;

(85) 81-88-9 C.I. Food Red 15 1-1-92;

(86) 3118-97-6 C.I. Solvent Orange 7 1-1-92;

(87) 842-07-9 C.I. Solvent Yellow 14 1-1-92;

(88) 128-66-5 C.I. Vat Yellow 4 1-1-92;

(89) 7778-44-1 Calcium arsenate 7-1-90;

(90) 156-62-7 Calcium cyanamide 1-1-92;

(91) 56-25-7 Cantharidin 7-1-90;

(92) 133-06-2 Captan 1-1-92;
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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 

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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;
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CAS Number Substance Compliance Date

(171) 1642-54-2 Diethylcarbamazine citrate 7-1-90;

(172) 123-91-1 1,4-Diethylene dioxide 1-1-92;

(173) 71-63-6 Digitoxin 7-1-90;

(174) 2238-07-5 Diglycidyl ether 7-1-90;

(175) 20830-75-5 Digoxin 7-1-90;

(176) 115-26-4 Dimefox 7-1-90;

(177) 60-51-5 Dimethoate 7-1-90;

(178) 121-69-7 Dimethyl aniline 1-1-92;

(179) 2524-03-0 Dimethyl phosphorochloridothioate 7-1-90;

(180) 131-11-3 Dimethyl phthalate 7-1-90;

(181) 75-18-3 Dimethyl sulfide 7-1-90;

(182) 99-98-9 Dimethyl-p-phenylenediamine 7-1-90;

(183) 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide 1-1-92;

(184) 75-78-5 Dimethyldichlorosilane 7-1-90;

(185) 105-67-9 2,4-Dimethylphenol 1-1-92;

(186) 644-64-4 Dimetilan 7-1-90;

(187) 534-52-1 4,6-Dinitro-o-cresol 7-1-90;

(188) 51-28-5 2,4-Dinitrophenol 1-1-92;

(189) 88-85-7 Dinoseb 7-1-90;

(190) 1420-07-1 Dinoterb 7-1-90;

(191) 117-84-0 Dioctyl phthalate 7-1-90;

(192) 78-34-2 Dioxathion 7-1-90;

(193) 82-66-6 Diphacinone 7-1-90;

(194) 152-16-9 Diphosphoramide, octamethyl- 7-1-90;

(195) 298-04-4 Disulfoton 7-1-90;

(196) 514-73-8 Dithiazanine iodide 7-1-90;

(197) 541-53-7 Dithiobiuret 7-1-90;

(198) 2104-64-5 EPN 7-1-90;

(199) 316-42-7 Emetine, dihydrochloride 7-1-90;

(200) 115-29-7 Endosulfan 7-1-90;

(201) 2778-04-3 Endothion 7-1-90;

(202) 72-20-8 Endrin 7-1-90;

(203) 50-14-6 Ergocalciferol 7-1-90;

(204) 379-79-3 Ergotamine tartrate 7-1-90;

(205) 67-72-1 Ethane, 1,1,1,2,2,2-hexachloro- 1-1-92;

(206) 72-43-5 Ethane, 1,1,1-trichloro-2,2- bis(p-methoxyphenyl)- 1-1-92;

(207) 79-34-5 Ethane, 1,1,2,2-tetrachloro- 1-1-92;

(208) 79-00-5 Ethane, 1,1,2-trichloro- 1-1-92;

(209) 1622-32-8 Ethanesulfonyl chloride, 2-chloro- 7-1-90;

(210) 10140-87-1 Ethanol, 1,2-dichloro-, acetate 7-1-90;
DEPARTMENT OF THE ENVIRONMENT 

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(211) 4549-40-0 Ethenamine, N-methyl-N-nitroso- 1-1-92;

(212) 563-12-2 Ethion 7-1-90;

(213) 13194-48-4 Ethoprophos 7-1-90;

(214) 110-80-5 2-Ethoxyethanol 1-1-92;

(215) 510-15-6 Ethyl 4,4'-dichlorobenzilate 1-1-92;

(216) 100-41-4 Ethyl benzene 1-1-92;

(217) 541-41-3 Ethyl chloroformate 1-1-92;

(218) 542-90-5 Ethyl thiocyanate 7-1-90;

(219) 538-07-8 Ethylbis(2-chloroethyl)amine 7-1-90;

(220) 371-62-0 Ethylene fluorohydrin 7-1-90;

(221) 107-21-1 Ethylene glycol 1-1-92;

(222) 107-15-3 Ethylenediamine 7-1-90;

(223) 151-56-4 Ethyleneimine 7-1-90;

(224) 22224-92-6 Fenamiphos 7-1-90;

(225) 122-14-5 Fenitrothion 7-1-90;

(226) 115-90-2 Fensulfothion 7-1-90;

(227) 4301-50-2 Fluenetil 7-1-90;

(228) 2164-17-2 Fluometuron 1-1-92;

(229) 7782-41-4 Fluorine 7-1-90;

(230) 640-19-7 Fluoroacetamide 7-1-90;

(231) 144-49-0 Fluoroacetic acid 7-1-90;

(232) 359-06-8 Fluoroacetyl chloride 7-1-90;

(233) 51-21-8 Fluorouracil 7-1-90;

(234) 944-22-9 Fonofos 7-1-90;

(235) 107-16-4 Formaldehyde cyanohydrin 7-1-90;

(236) 23422-53-9 Formetanate 7-1-90;

(237) 2540-82-1 Formothion 7-1-90;

(238) 17702-57-7 Formparanate 7-1-90;

(239) 21548-32-3 Fosthietan 7-1-90;

(240) 3878-19-1 Fuberidazole 7-1-90;

(241) 107-44-8 GB (Sarin) 7-1-90;

(242) 13450-90-3 Gallium trichloride 7-1-90;

(243) — Glycol ethers 1-1-92;

(244) 76-44-8 Heptachlor 1-1-92;

(245) 87-68-3 Hexachlorobutadiene 1-1-92;

(246) 77-47-4 Hexachlorocyclopentadiene 7-1-90;

(247) 1335-87-1 Hexachloronaphthalene 7-1-90;

(248) 4835-11-4 Hexamethylenediamine, N,N'-dibutyl- 7-1-90;

(249) 74-90-8 Hydrocyanic acid 7-1-90;

(250) 7647-01-0 Hydrogen chloride 7-1-90;
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(251) 7664-39-3 Hydrogen fluoride 7-1-90;

(252) 7722-84-1 Hydrogen peroxide 7-1-90;

(253) 7783-07-5 Hydrogen selenide 7-1-90;

(254) 7783-06-4 Hydrogen sulfide 7-1-90;

(255) 123-31-9 Hydroquinone 7-1-90;

(256) 13463-40-6 Iron, pentacarbonyl- 7-1-90;

(257) 297-78-9 Isobenzan 7-1-90;

(258) 78-84-2 Isobutyraldehyde 1-1-92;

(259) 78-82-0 Isobutyronitrile 7-1-90;

(260) 102-36-3 Isocyanic acid, 3,4-dichlorophenyl ester 7-1-90;

(261) 465-73-6 Isodrin 7-1-90;

(262) 55-91-4 Isofluorphate 7-1-90;

(263) 4098-71-9 Isophorone diisocyanate 7-1-90;

(264) 67-63-0 Isopropyl alcohol 1-1-92;

(265) 108-23-6 Isopropyl chloroformate 7-1-90;

(266) 625-55-8 Isopropyl formate 7-1-90;

(267) 80-05-7 4,4'-Isopropylidenediphenol 1-1-92;

(268) 119-38-0 Isopropylmethylpyrazolyl dimethylcarbamate 7-1-90;

(269) 115-32-2 Kelthane 1-1-92;

(270) 78-97-7 Lactonitrile 7-1-90;

(271) 21609-90-5 Leptophos 7-1-90;

(272) 541-25-3 Lewisite 7-1-90;

(273) 7580-67-8 Lithium hydride 7-1-90;

(274) 108-31-6 Maleic anhydride 1-1-92;

(275) 109-77-3 Malononitrile 7-1-90;

(276) 12427-38-2 Maneb 1-1-92;

(277) 7439-96-5 Manganese and compounds 1-1-92;

(278) 12108-13-3 Manganese, tricarbonyl methylcyclopentadienyl 7-1-90;

(279) 108-78-1 Melamine 1-1-92;

(280) 950-10-7 Mephosfolan 7-1-90;

(281) 1600-27-7 Mercuric acetate 7-1-90;

(282) 7487-94-7 Mercuric chloride 7-1-90;

(283) 21908-53-2 Mercuric oxide 7-1-90;

(284) — Mercury and its soluble compounds 1-1-92;

(285) 10476-95-6 Methacrolein diacetate 7-1-90;

(286) 760-93-0 Methacrylic anhydride 7-1-90;

(287) 126-98-7 Methacrylonitrile 7-1-90;

(288) 920-46-7 Methacryloyl chloride 7-1-90;

(289) 30674-80-7 Methacryloyloxyethyl isocyanate 7-1-90;

(290) 10265-92-6 Methamidophos 7-1-90;
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CAS Number Substance Compliance Date

(291) 74-95-3 Methane, dibromo- 1-1-92;

(292) 74-88-4 Methane, iodo- 1-1-92;

(293) 558-25-8 Methanesulfonyl fluoride 7-1-90;

(294) 67-56-1 Methanol 1-1-92;

(295) 950-37-8 Methidathion 7-1-90;

(296) 2032-65-7 Methiocarb 7-1-90;

(297) 16752-77-5 Methomyl 7-1-90;

(298) 109-86-4 2-Methoxyethanol 1-1-92;

(299) 151-38-2 Methoxyethylmercuric acetate 7-1-90;

(300) 80-63-7 Methyl 2-chloroacrylate 7-1-90;

(301) 96-33-3 Methyl acrylate 1-1-92;

(302) 74-83-9 Methyl bromide 7-1-90;

(303) 74-87-3 Methyl chloride 1-1-92;

(304) 71-55-6 Methyl chloroform 1-1-92;

(305) 79-22-1 Methyl chloroformate 7-1-90;

(306) 624-92-0 Methyl disulfide 7-1-90;

(307) 78-93-3 Methyl ethyl ketone 1-1-92;

(308) 108-10-1 Methyl isobutyl ketone 1-1-92;

(309) 624-83-9 Methyl isocyanate 7-1-90;

(310) 556-61-6 Methyl isothiocyanate 7-1-90;

(311) 74-93-1 Methyl mercaptan 7-1-90;

(312) 80-62-6 Methyl methacrylate 1-1-92;

(313) 3735-23-7 Methyl phenkapton 7-1-90;

(314) 676-97-1 Methyl phosphonic dichloride 7-1-90;

(315) 1634-04-4 Methyl tert-butyl ether 1-1-92;

(316) 556-64-9 Methyl thiocyanate 7-1-90;

(317) 78-94-4 Methyl vinyl ketone 7-1-90;

(318) 101-68-8 Methylene bis(phenylisocyanate) (MBI) 1-1-92;

(319) 502-39-6 Methylmercuric dicyanamide 7-1-90;

(320) 75-79-6 Methyltrichlorosilane 7-1-90;

(321) 1129-41-5 Metolcarb 7-1-90;

(322) 7786-34-7 Mevinphos 7-1-90;

(323) 315-18-4 Mexacarbate 7-1-90;

(324) 50-07-7 Mitomycin C 7-1-90;

(325) 1313-27-5 Molybdenum trioxide 1-1-92;

(326) 6923-22-4 Monocrotophos 7-1-90;

(327) 60-34-4 Monomethyl hydrazine 7-1-90;

(328) 2763-96-4 Muscimol 7-1-90;

(329) 91-20-3 Naphthalene 1-1-92;

(330) 134-32-7 1-Naphthylamine 1-1-92;
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(331) 54-11-5 Nicotine 7-1-90;

(332) 65-30-5 Nicotine sulfate 7-1-90;

(333) 7697-37-2 Nitric acid 7-1-90;

(334) 98-95-3 Nitrobenzene 7-1-90;

(335) 92-93-3 4-Nitrobiphenyl 1-1-92;

(336) 1122-60-7 Nitrocyclohexane 7-1-90;

(337) 55-63-0 Nitroglycerin 1-1-92;

(338) 88-75-5 o-Nitrophenol 1-1-92;

(339) 100-02-7 p-Nitrophenol 1-1-92;

(340) 86-30-6 N-Nitrosodiphenylamine 1-1-92;

(341) 991-42-4 Norbormide 7-1-90;

(342) 2234-13-1 Octachloronaphthalene 1-1-92;

(343) — Organorhodium complex 7-1-90;

(344) 20816-12-0 Osmium tetroxide 7-1-90;

(345) 630-60-4 Ouabain 7-1-90;

(346) 23135-22-0 Oxamyl 7-1-90;

(347) 78-71-7 Oxetane, 3,3-bis(chloromethyl)- 7-1-90;

(348) 2497-07-6 Oxydisulfoton 7-1-90;

(349) 1910-42-5 Paraquat 7-1-90;

(350) 2074-50-2 Paraquat methosulfate 7-1-90;

(351) 56-38-2 Parathion 7-1-90;

(352) 298-00-0 Parathion-methyl 7-1-90;

(353) 12002-03-8 Paris green 7-1-90;

(354) 19624-22-7 Pentaborane 7-1-90;

(355) 87-86-5 Pentachlorophenol 7-1-90;

(356) 2570-26-5 Pentadecylamine 7-1-90;

(357) 79-21-0 Peracetic acid 7-1-90;

(358) 127-18-4 Perchloroethylene 1-1-92;

(359) 594-42-3 Perchloromethylmercaptan 7-1-90;

(360) 108-95-2 Phenol 7-1-90;

(361) 97-18-7 Phenol, 2,2'-thiobis(4,6-dichloro- 7-1-90;

(362) 4418-66-0 Phenol, 2,2'-thiobis(4-chloro- 6-methyl-(9ci) 7-1-90;

(363) 95-95-4 Phenol, 2,4,5-trichloro- 1-1-92;

(364) 64-00-6 Phenol, 3-(1-methylethyl)-, methylcarbamate 7-1-90;

(365) 58-36-6 Phenoxarsine, 10,10'-oxydi- 7-1-90;

(366) 696-28-6 Phenyl dichloroarsine 7-1-90;

(367) 106-50-3 p-Phenylenediamine 1-1-92;

(368) 59-88-1 Phenylhydrazine hydrochloride 7-1-90;

(369) 62-38-4 Phenylmercury acetate 7-1-90;

(370) 90-43-7 2-Phenylphenol 1-1-92;
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CAS Number Substance Compliance Date

(371) 2097-19-0 Phenylsilatrane 7-1-90;

(372) 103-85-5 Phenylthiourea 7-1-90;

(373) 298-02-2 Phorate 7-1-90;

(374) 4104-14-7 Phosacetim 7-1-90;

(375) 947-02-4 Phosfolan 7-1-90;

(376) 75-44-5 Phosgene 7-1-90;

(377) 732-11-6 Phosmet 7-1-90;

(378) 13171-21-6 Phosphamidon 7-1-90;

(379) 7803-51-2 Phosphine 7-1-90;

(380) 2703-13-1 Phosphonothioic acid, methyl-, O-ethyl O-(4-(methylthio)phenyl) ester 7-1-90;

(381) 50782-69-9 Phosphonothioic acid, methyl-,S- (2-(bis(1-methylethyl)amino) 

ethyl) O-ethyl ester 7-1-90;

(382) 2665-30-7 Phosphonothioic acid, methyl-, O-(4-nitrophenyl) O-phenyl ester 7-1-90;

(383) 7664-38-2 Phosphoric acid 1-1-92;

(384) 3254-63-5 Phosphoric acid, dimethyl 4-(methylthio) phenyl ester 7-1-90;

(385) 2587-90-8 Phosphorothioic acid, o,o-dimethyl- 7-1-90;

(386) 7723-14-0 Phosphorous (yellow) 7-1-90;

(387) 7719-12-2 Phosphorous trichloride 7-1-90;

(388) 10025-87-3 Phosphorus oxychloride 7-1-90;

(389) 10026-13-8 Phosphorus pentachloride 7-1-90;

(390) 1314-56-3 Phosphorus pentoxide 7-1-90;

(391) 57-47-6 Physostigmine 7-1-90;

(392) 57-64-7 Physostigmine, salicylate (1:1) 7-1-90;

(393) 88-89-1 Picric acid 1-1-92;

(394) 124-87-8 Picrotoxin 7-1-90;

(395) 110-89-4 Piperidine 7-1-90;

(396) 5281-13-0 Piprotal 7-1-90;

(397) 23505-41-1 Pirimifos-ethyl 7-1-90;

(398) 10025-65-7 Platinous chloride 7-1-90;

(399) 13454-96-1 Platinum tetrachloride 7-1-90;

(400) 10124-50-2 Potassium arsenite 7-1-90;

(401) 151-50-8 Potassium cyanide 7-1-90;

(402) 506-61-6 Potassium silver cyanide 7-1-90;

(403) 2631-37-0 Promecarb 7-1-90;

(404) 106-96-7 Propargyl bromide 7-1-90;

(405) 57-57-8 Propiolactone, beta- 7-1-90;

(406) 123-38-6 Propionaldehyde 1-1-92;

(407) 107-12-0 Propionitrile 7-1-90;

(408) 542-76-7 Propionitrile, 3-chloro- 7-1-90;

(409) 70-69-9 Propiophenone, 4'-amino- 7-1-90;
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(410) 114-26-1 Propoxur 1-1-92;

(411) 109-61-5 Propyl chloroformate 7-1-90;

(412) 2275-18-5 Prothoate 7-1-90;

(413) 129-00-0 Pyrene 7-1-90;

(414) 110-86-1 Pyridine 1-1-92;

(415) 140-76-1 Pyridine, 2-methyl-5-vinyl- 7-1-90;

(416) 504-24-5 Pyridine, 4-amino- 7-1-90;

(417) 1124-33-0 Pyridine, 4-nitro-, 1-oxide 7-1-90;

(418) 53558-25-1 Pyriminil 7-1-90;

(419) 91-22-5 Quinoline 1-1-92;

(420) 106-51-4 Quinone 1-1-92;

(421) 10049-07-7 Rhodium trichloride 7-1-90;

(422) 14167-18-1 Salcomine 7-1-90;

(423) — Selenium and compounds 1-1-92;

(424) 7791-23-3 Selenium oxychloride 7-1-90;

(425) 7783-00-8 Selenous acid 7-1-90;

(426) 563-41-7 Semicarbazide hydrochloride 7-1-90;

(427) 3037-72-7 Silane, (4-aminobutyl)diethoxymethyl- 7-1-90;

(428) — Silver and compounds 1-1-92;

(429) 7631-89-2 Sodium arsenate 7-1-90;

(430) 7784-46-5 Sodium arsenite 7-1-90;

(431) 26628-22-8 Sodium azide (NaN3) 7-1-90;

(432) 124-65-2 Sodium cacodylate 7-1-90;

(433) 143-33-9 Sodium cyanide (Na(CN)) 7-1-90;

(434) 62-74-8 Sodium fluoroacetate 7-1-90;

(435) 1310-73-2 Sodium hydroxide 1-1-92;

(436) 131-52-2 Sodium pentachlorophenate 7-1-90;

(437) 13410-01-0 Sodium selenate 7-1-90;

(438) 10102-18-8 Sodium selenite 7-1-90;

(439) 7757-82-6 Sodium sulfate (solution) 1-1-92;

(440) 10102-20-2 Sodium tellurite 7-1-90;

(441) 900-95-8 Stannane, acetoxytriphenyl- 7-1-90;

(442) 57-24-9 Strychnine 7-1-90;

(443) 60-41-3 Strychnine, sulfate 7-1-90;

(444) 100-42-5 Styrene 1-1-92;

(445) 3689-24-5 Sulfotep 7-1-90;

(446) 3569-57-1 Sulfoxide, 3-chloropropyl octyl 7-1-90;

(447) 7783-60-0 Sulfur tetrafluoride 7-1-90;

(448) 7446-11-9 Sulfur trioxide 7-1-90;

(449) 7664-93-9 Sulfuric acid 7-1-90;
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CAS Number Substance Compliance Date

(450) 77-81-6 Tabun 7-1-90;

(451) 13494-80-9 Tellurium 7-1-90;

(452) 7783-80-4 Tellurium hexafluoride 7-1-90;

(453) 107-49-3 Tepp 7-1-90;

(454) 13071-79-9 Terbufos 7-1-90;

(455) 100-21-0 Terephthalic acid 1-1-92;

(456) 961-11-5 Tetrachlorvinphos 1-1-92;

(457) 78-00-2 Tetraethyl lead 7-1-90;

(458) 597-64-8 Tetraethyltin 7-1-90;

(459) 75-74-1 Tetramethyl lead 7-1-90;

(460) 509-14-8 Tetranitromethane 7-1-90;

(461) — Thallium and compounds 1-1-92;

(462) 10031-59-1 Thallium sulfate 7-1-90;

(463) 6533-73-9 Thallous carbonate 7-1-90;

(464) 7791-12-0 Thallous chloride 7-1-90;

(465) 2757-18-8 Thallous malonate 7-1-90;

(466) 7446-18-6 Thallous sulfate 7-1-90;

(467) 2231-57-4 Thiocarbazide 7-1-90;

(468) 39196-18-4 Thiofanox 7-1-90;

(469) 297-97-2 Thionazin 7-1-90;

(470) 108-98-5 Thiophenol 7-1-90;

(471) 79-19-6 Thiosemicarbazide 7-1-90;

(472) 5344-82-1 Thiourea, (2-chlorophenyl)- 7-1-90;

(473) 614-78-8 Thiourea, (2-methylphenyl)- 7-1-90;

(474) 108-88-3 Toluene 1-1-92;

(475) 91-08-7 Toluene 2,6-diisocyanate 7-1-90;

(476) 110-57-6 Trans-1,4-dichlorobutene 7-1-90;

(477) 1031-47-6 Triamiphos 7-1-90;

(478) 24017-47-8 Triazofos 7-1-90;

(479) 1558-25-4 Trichloro(chloromethyl)silane 7-1-90;

(480) 27137-85-5 Trichloro(dichlorophenyl)silane 7-1-90;

(481) 76-02-8 Trichloroacetyl chloride 7-1-90;

(482) 120-82-1 1,2,4-Trichlorobenzene 1-1-92;

(483) 79-01-6 Trichloroethylene 1-1-92;

(484) 115-21-9 Trichloroethylsilane 7-1-90;

(485) 327-98-0 Trichloronate 7-1-90;

(486) 98-13-5 Trichlorophenylsilane 7-1-90;

(487) 52-68-6 Trichlorophon 7-1-90;

(488) 998-30-1 Triethoxysilane 7-1-90;

(489) 1582-09-8 Trifluralin 1-1-92;
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(490) 75-77-4 Trimethylchlorosilane 7-1-90;

(491) 824-11-3 Trimethylolpropane phosphite 7-1-90;

(492) 1066-45-1 Trimethyltin chloride 7-1-90;

(493) 639-58-7 Triphenyltin chloride 7-1-90;

(494) 555-77-1 Tris (2-chloroethyl)amine 7-1-90;

(495) 50782-69-9 VX (Ethyl S-dimethylaminoethyl- methyl phosphonothiolate) 7-1-90;

(496) 2001-95-8 Valinomycin 7-1-90;

(497) 1314-62-1 Vanadium pentoxide 7-1-90;

(498) 108-05-4 Vinyl acetate monomer 7-1-90;

(499) 81-81-2 Warfarin 7-1-90;

(500) 129-06-6 Warfarin sodium 7-1-90;

(501) 1330-20-7 Xylene 1-1-92;

(502) 87-62-7 2,6-Xylidine 1-1-92;

(503) 28347-13-9 Xylylene dichloride 7-1-90;

(504) — Zinc and compounds 1-1-92;

(505) 1314-84-7 Zinc phosphide 7-1-90;

(506) 58270-08-9 Zinc, dichloro(4,4-dimethyl5((((methylamino)carbonyl)oxy)imino)pentanenitrile) 7-1-90;

(507) 12122-67-7 Zineb 1-1-92;

.08 Examples of Nuisance Particulates and Simple Asphyxiants. 

A. The substances listed in §B of this regulation are examples of nuisance particulates and simple asphyxiants. 

B. List of Substances. 

CAS Number Substance 

(1) 74-86-2 Acetylene 

(2) 1344-28-1 Aluminum oxide 

(3) 6484-52-2 Ammonium nitrate 

(4) 7440-37-1 Argon 

(5) 7727-43-7 Barium sulfate 

(6) 1317-65-3 Calcium carbonate 

(7) 1344-95-2 Calcium silicate (synthetic) 

(8) 7778-18-9 Calcium sulfate 

(9) 61790-53-2 Diatomaceous earth (uncalcined) 

(10) 1302-74-5 Emery 

(11) 74-84-0 Ethane 

(12) 74-85-1 Ethylene 

(13) 7440-59-7 Helium 

(14) 1333-74-0 Hydrogen 

(15) 546-93-0 Magnesite 

(16) 74-82-8 Methane 

(17) — Mineral wool fiber 
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Effective as of November 12, 2010 

CAS Number Substance 

(18) 7440-01-9 Neon 

(19) 7727-37-9 Nitrogen 

(20) 93763-70-3 Perlite 

(21) 65997-15-1 Portland cement 

(22) 74-98-6 Propane 

(23) 115-07-1 Propylene 

(24) — Rouge 

(25) 7440-21-3 Silicon 

(26) 409-21-2 Silicon carbide 

(27) 1314-13-2 Zinc oxide dust 

.09 Levels Used to Review Ambient Impacts. 

A. Special Screening Levels (SSL) and Acceptable Ambient Levels (AAL). 

CAS Number Substance 

Concentration 

(micrograms/ 

cubic meter) 

Averaging 

 Time 

Type of 

Level 

(1) 7664-41-7 Ammonia 

(a) 

(b) 

300. 

450. 

8 hours 

1 hour 

AAL 

AAL 

(2) 124-38-9 Carbon Dioxide 

(a) 

(b) 

(c) 

(d) 

288,000. 

2,088,000. 

900,000. 

2,700,000. 

8 hours 

1 hour 

8 hours 

1 hour 

SSL 

SSL 

AAL 

AAL 

(3) 10049-04-4 Chlorine Dioxide 

(a) 

(b) 

5. 

15. 

8 hours 

1 hour 

AAL 

AAL 

(4) 611-19-8 1-Chloro-2-(chloromethyl)-benzene 

(OCBC) 9.1 8 hours SSL 

(5) 81777-89-1 Dimethazone 27.4 8 hours SSL 

(6) 598-56-1 Dimethylethylamine 1.6 8 hours SSL 

(7) 75-00-3 Ethyl Chloride 

(a) 

(b) 

2.6 

13. 

8 hours 

1 hour 

SSL 

SSL 

(8) 107-44-8 GB (Sarin) 

(a) 

(b) 

0.0003 

0.04 

8 hours 

15 minutes 

SSL 

SSL 

(9) 96-64-0 GD (Soman) 

(a) 

(b) 

0.003 

0.012 

8 hours 

15 minutes 

SSL 

SSL 

(10) 7647-01-0 Hydrogen Chloride 

(a) 

(b) 

7. 

117. 

Annual 

1 hour 

AAL 

AAL 

(11) 541-25-3 L (Lewisite) 0.0004 15 minutes SSL 
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Effective as of November 12, 2010 

CAS Number Substance 

Concentration 

(micrograms/ 

cubic meter) 

Averaging 

 Time 

Type of 

Level 

(12) 74-87-3 Methyl Chloride 

(a) 

(b) 

105. 

525. 

8 hours 

1 hour 

SSL 

SSL 

(13) 50782-69-9 VX (Ethyl S-Dimethyl amino ethyl 

Methyl-phosphonothiolate) 

(a) 

(b) 

0.0003 

0.004 

8 hours 

15 minutes 

SSL 

SSL 

(14) 7733-02-0 Zinc Sulfate 18.8 8 hours SSL 

Administrative History 

Effective date: 

Chapter revised and recodified from COMAR 26.11.15.07B—.14 to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533) 
This Page Intentionally Left Blank 
26.11.17 Page 1 

Effective as of July 08, 2013 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 17 Nonattainment Provisions for Major New Sources and Major Modifications 

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

.01 Definitions. 

A. For the purpose of this chapter, the following terms have the meanings indicated. Other applicable definitions may be found 

in COMAR 26.11.01.01. 

B. Terms Defined. 

(1) Actual Emissions. 

(a) "Actual emissions" means: 

(i) The actual rate of emissions of a regulated NSR pollutant from an emissions unit as determined in accordance with 

this subsection; 

(ii) In general, as of a particular date, the average rate in tons per year at which the unit actually emitted the pollutant 

during a consecutive 24-month period, which precedes the particular date and which is representative of normal source operation, 

although the Department may allow the use of a different time period upon a determination that it is more representative of 

normal source operation; and 

(iii) As of a particular date, for any emissions unit which has not begun normal operations on the particular date, the 

unit's potential to emit on that date. 

(b) Actual emissions shall be calculated using the emissions unit's actual operating hours, production rates, and types of 

materials processed, stored, or combusted during the selected time period. 

(c) The Department may assume that source-specific allowable emissions for the emissions unit are equivalent to the 

actual emissions of the unit. 

(2) "Allowable emissions" means the emissions rate calculated using the maximum rated capacity of the source, unless the 

source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both, and the most 

stringent of the following: 

(a) Applicable standards as set forth in 40 CFR 60 and 61; 

(b) Any applicable Maryland State Implementation Plan (SIP) emissions limitation, including those with a future 

compliance date; or 

(c) The emissions rate specified as a federally enforceable permit condition including those with a future compliance 

date. 

(3) Baseline Actual Emissions. 

(a) "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant. 

(b) For an existing electric utility steam generating unit, "baseline actual emissions" is determined by the average rate, in 

tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or

operator within the 5-year period immediately preceding the date on which a complete application was submitted. The 

Department may approve a different period upon a demonstration that it is more representative of normal source operations. 

(c) For an existing emissions unit, other than an electric utility steam generating unit, "baseline actual emissions" is 

determined by the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 

24-month period selected by the owner or operator within the 5-year period immediately preceding the date on which a complete 

application was submitted. The Department may allow a different 24-month consecutive time period, within the last 10 years, 

upon a demonstration that it is more representative of normal source operations. 

(d) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will 

result from the initial construction and operation of the unit shall equal zero, and, thereafter, for all other purposes, shall equal the 

unit's potential to emit. 
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(e) For a PAL for a major stationary source, the baseline actual emissions shall be calculated, for existing electric utility 

steam generating units, in accordance with the procedures contained in §B(3)(b) of this regulation, for other existing emissions 

units in accordance with the procedures contained in §B(3)(c) of this regulation, and for a new emissions unit, in accordance with 

the procedures contained in §B(3)(d) of this regulation. 

(f) In General. 

(i) The average rate of emissions shall include fugitive emissions to the extent quantifiable, and emissions associated 

with start-ups, shutdowns, and malfunctions. 

(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the 

source was operating above any emissions limitation that was legally enforceable during the consecutive 24-month period. 

However, if an emission limitation is part of a proposed or promulgated maximum achievable control technology standard under 

40 CFR Part 63, the baseline actual emissions need only be adjusted if credit for the emissions reductions was taken in an 

attainment demonstration or maintenance plan. 

(iii) When a project involves multiple emissions units or different regulated NSR pollutants, only one consecutive 24-

month period shall be used to determine the baseline actual emissions for the emissions units being changed. 

(iv) The average rate may not be based on any consecutive 24-month period for which there is inadequate information 

for determining annual emissions and adjusting the amount if required. 

(4) "Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit 

which are of a permanent nature. These activities include installation of building supports and foundations, laying of underground 

pipework, and construction of permanent storage structures. With respect to a change in method of operation, this definition refers 

to those on-site activities other than preparatory activities which mark the initiation of the change. 

(5) Best Available Control Technology. 

(a) "Best available control technology" means an emissions limitation, including a visible emissions standard, based on 

the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary 

source or major modification which the Department, on a case-by-case basis, taking into account energy, environmental, and 

economic impacts and other costs, determines is achievable for that source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combination 

techniques for control of the pollutant. 

(b) Application of best available control technology may not result in emissions of any pollutant which would exceed the 

emissions allowed by an applicable standard under 40 CFR 60 and 61. 

(c) If the Department determines that technological or economic limitations on the application of measurement 

methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, 

work practice, operational standard, or combination of these, may be prescribed instead to satisfy the requirement for the 

application of best available control technology. This standard shall, to the degree possible, set forth the emissions reduction 

achievable by implementation of the design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

(6) Building, Structure, Facility, or Installation. 

(a) "Building, structure, facility, or installation" means all of the pollutant-emitting activities that belong to the same 

industrial group that are located on one or more contiguous or adjacent properties, and are under the control of the same person, 

or persons under common control. 

(b) Pollutant-emitting activities are considered as part of the same industrial group if they belong to the same "Major 

Group" (that is, have the same two-digit code as described in the Standard Industrial Classification Manual (SIC) prepared by the 

federal Office of Management and Budget (OMB) and amended in 1987). 

(7) "Commence", as applied to construction of a major stationary source or major modification, means that the owner or 

operator has all necessary preconstruction approvals or permits and either has: 

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the source to be completed within a 

reasonable time; or 
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(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial 

loss to the owner or operator, to undertake a program of actual on-site construction of the source to be completed within a 

reasonable time. 

(8) "Construction" means any physical change or change in the method of operation, including fabrication, erection, 

installation, demolition, or modification of an emissions unit, which would result in a change in emissions. 

(9) "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of 

supplying more than 1/3 of its potential electric output capacity and more than 25 megawatts electric output to any utility power 

distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam 

electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output

capacity of the affected facility. 

(10) Emissions Reduction Credit (ERC). 

(a) "Emissions reduction credit (ERC)" means a permanent, enforceable, quantifiable reduction in actual emissions, 

occurring on or after January 1, 2003, which is surplus to all applicable State and federally enforceable requirements to be used to 

offset emission increases. 

(b) "Emissions reduction credit (ERC)" does not constitute a security or other form of property. 

(11) "Emissions unit" means any part of a stationary source which emits, or would have the potential to emit, a regulated 

NSR pollutant. 

(12) "Existing emissions unit" means an emissions unit that does not meet the requirement in §B(20) of this regulation. 

(13) "Federally enforceable" means all limitations and conditions which are enforceable by the U.S. Environmental 

Protection Agency (EPA), including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the SIP, 

any permit requirements established pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I, including operating permits issued under a program that is approved by EPA or that is incorporated into the Maryland

SIP and expressly requires adherence to any permit issued under the program. 

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

functionally equivalent opening. 

(15) Lowest Achievable Emission Rate. 

(a) "Lowest achievable emission rate" means, for any emissions unit, the more stringent rate of emissions based on the 

following: 

(i) The most stringent emissions limitation which is contained in the implementation plan of any state for the class or 

category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that these limitations 

are not achievable; or 

(ii) The most stringent emissions limitation which is achieved in practice by the class or category of stationary sources, 

with this limitation, when applied to a modification, meaning the lowest achievable emissions rate for the new or modified 

emissions units within the stationary source. 

(b) The application of this definition does not permit a proposed new or modified emissions unit to emit any pollutant in 

excess of the amount allowable under 40 CFR 60. 

(16) Major Modification. 

(a) "Major modification" means any physical change in, or change in the method of operation of, a major stationary 

source that would result in a significant emissions increase and a significant net emissions increase of any regulated NSR 

pollutant. 

(b) Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that 

is considered significant for volatile organic compounds or NOx is considered significant for ozone. 

(c) A physical change in or a change in the method of operation does not include: 

(i) Routine maintenance, repair, and replacement; 
DEPARTMENT OF THE ENVIRONMENT 

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(ii) Use of an alternative fuel or raw material by reason of an order under §2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974, or any superseding legislation, or by reason of a natural gas curtailment plan pursuant

to the federal Power Act; 

(iii) Use of an alternative fuel by reason of an order or rule under §125 of the federal Clean Air Act; 

(iv) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid 

waste; 

(v) Use of an alternative fuel or raw material by a stationary source which the source was capable of accommodating 

before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition which was 

established after December 21, 1976, pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, 

Subpart I, or 40 CFR §51.166, or the source is approved to use under any federally enforceable permit issued under this subtitle; 

(vi) An increase in the hours of operation or in the production rate, unless such change is prohibited under any 

federally enforceable permit condition; or 

(vii) Any change in ownership. 

(d) This definition does not apply with respect to a particular regulated NSR pollutant when the major stationary source 

is complying with the requirements for a PAL. 

(17) Major Stationary Source. 

(a) "Major stationary source" means any stationary source of air pollution which emits or has the potential to emit 100 

tons or more of any regulated NSR pollutant, except that lower emissions thresholds apply as follows: 

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

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

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

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

(iii) 50 tons or more per year of carbon monoxide in any serious nonattainment area for carbon monoxide, where 

stationary sources contribute significantly to carbon monoxide levels in the area; and 

(iv) 70 tons or more per year of PM10 in any serious nonattainment area for PM10. 

(b) "Major stationary source" also means any physical change that would occur at a stationary source not qualifying 

under §B(17)(a) of this regulation as a major stationary source, if the change would constitute a major stationary source by itself. 

(c) A major stationary source that is major for volatile organic compounds or NOx is considered major for ozone. 

(d) In determining if a source is a major stationary source, fugitive emissions shall be included if the source belongs to 

one of the categories of stationary sources listed in 40 CFR §51.165(a)(1)(iv)(C). 

(18) "Necessary preconstruction approvals or permits" means those permits or approvals required under this subtitle. 

(19) Net Emissions Increase. 

(a) "Net emissions increase" means, with respect to a regulated NSR pollutant emitted by a major stationary source, the 

amount by which the sum of the following exceeds zero: 

(i) Any increase in emissions from a particular physical change or change in the method of operation at a stationary 

source; and 

(ii) Any other increases and decreases in actual emissions of the particular pollutant that are contemporaneous with the 

particular change and are otherwise creditable. 

(b) Baseline actual emissions for calculating increases and decreases under this definition shall be determined as 

provided in §B(3) of this regulation, except that §B(3)(c) does not apply. 

(c) An increase or decrease in actual emissions of a particular pollutant is contemporaneous with the increase from the 

particular change if it occurs within the 5-year period preceding the date on which a complete permit application for the change is 

submitted and before the date that the increase from the particular change occurs. 
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(d) An increase or decrease in actual emissions is creditable only if the Department has not relied on it in issuing a permit 

for the source and the permit is in effect when the increase in actual emissions from the particular change occurs. 

(e) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old 

level. 

(f) A decrease in actual emissions is creditable only to the extent that: 

(i) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level 

of actual emissions; 

(ii) The decrease is enforceable in a practicable manner at and after the time that the actual construction on the 

particular change begins; 

(iii) The Department has not previously relied on the decrease in issuing any permit under this chapter or in 

demonstrating attainment or reasonable further progress in the SIP and it is not required by any other State requirement; and 

(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the 

increase from the particular change. 

(g) An increase that results from a physical change occurs when the emissions unit on which construction occurred 

becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational

only after a reasonable shakedown period, not to exceed 180 days. 

(20) "New emissions unit" means an emissions unit which is or will be newly constructed and which has existed for less 

than 2 years from the date the emissions unit first operated. 

(21) Potential to Emit. 

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

operational design. 

(b) Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control 

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

treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. 

(22) "Project" means a physical change in, or change in the method of operation of, an existing major stationary source. 

(23) Projected Actual Emissions. 

(a) "Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the 5 years following the date the unit resumes regular operation after 

the project, or in any one of the 10 years following that date, if: 

(i) The project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSR 

pollutant; and 

(ii) Full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at 

the major stationary source. 

(b) In determining the projected actual emissions before beginning actual construction, the owner or operator of the 

major stationary source shall: 

(i) Consider all relevant information including historical operational data, the company's own representations, the 

company's expected business activity, the company's highest projections of business activity, the company's filings with the State 

or EPA, and compliance plans under the approved plan; 

(ii) Include fugitive emissions to the extent quantifiable and emissions associated with start-ups, shutdowns, and 

malfunctions; and 

(iii) Exclude, in calculating any increase in emissions that results from the particular project, that portion of the 

emissions unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month 

period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased 

utilization due to product demand growth. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.17.02 

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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 standard, 

provided that the constituent or precursor may only be regulated under this chapter as part of regulation of the pollutant. After 

January 1, 2011, PM2.5 and PM10 emissions shall include gaseous emissions from a source or activity which condense to form 

particulate matter at ambient temperature. These emissions shall be accounted for in applicability determinations and in 

establishing emission limitation in permits. Compliance with PM2.5 and PM10 emission limitations shall be as described in CFR 

51.165(a)(1)(xxxvii)(D). Precursors identified for the purpose of NSR in Maryland are: 

(a) Nitrogen oxides and volatile organic compounds are precursors of ozone in all ozone nonattainment areas. 

(b) Nitrogen oxides and sulfur dioxide are precursors of PM2.5 in all PM2.5 nonattainment areas. 

(25) "Replacement unit" means an emissions unit that meets all of the following criteria: 

(a) No creditable emission reductions are generated by shutting down the existing emissions unit that is replaced; 

(b) The emissions unit is a reconstructed unit within the meaning of 40 CFR §60.15(b)(1) or the emissions unit 

completely takes the place of an existing emissions unit; 

(c) The emissions unit is identical to or functionally equivalent to the replaced emissions unit; 

(d) The replaced unit does not alter the basic design parameters of the existing emissions unit; and 

(e) The replaced emissions unit is permanently removed from the major stationary source or otherwise permanently 

disabled or barred from operation by a permit that is enforceable as a practicable matter. 

(26) "Significant" means, in reference to a net emissions increase, a significant emissions increase or the potential of a 

source to emit a regulated NSR pollutant, or a rate of emissions that would equal or exceed any of the following rates: 

(a) Volatile organic compounds or nitrogen oxides: 25 tons per year (tpy) in Baltimore City or Anne Arundel, Baltimore, 

Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, and Prince George's counties; 

(b) Volatile organic compounds or nitrogen oxides: 40 tpy in Allegany, Caroline, Dorchester, Garrett, Kent, Queen 

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

(c) PM2.5 emissions: 10 tpy; 

(d) Sulfur dioxide: 40 tpy; 

(e) Lead: 0.6 tpy; 

(f) PM10: 15 tpy; and 

(g) Carbon monoxide: 100 tpy. 

(27) "Stationary source" means any building, structure, facility, or installation which emits or may emit any regulated NSR 

pollutant subject to this chapter. 

.02 Applicability. 

A. This chapter applies Statewide, unless specified otherwise throughout this Chapter, to: 

(1) New major stationary sources and major modifications that are major for VOC or NOx; 

(2) New major stationary sources and major modifications that are major for PM2.5 or its precursors and are located in 

Baltimore City or Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, and 

Washington counties; 

(3) Any new major stationary source or major modification at a major stationary source that is major for a pollutant for 

which the area is designated nonattainment under §107(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. §7407); and 

(4) Major stationary sources and major modifications that are major for VOC or NOx located in the Ozone Transport 

Region. 
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B. A person may apply for and obtain a permit to construct a new major stationary source or a major modification at an 

existing major stationary source after meeting the conditions of §A(1)—(4) of this regulation if all of the provisions in this 

chapter are met. 

C. Major stationary sources and major modifications, whether located in attainment or nonattainment areas, may also be 

subject to the Prevention of Significant Deterioration requirements in COMAR 26.11.06.14. 

D. A person may not circumvent the intent of this chapter through incremental construction or modification or through staged 

construction or modification. 

E. This chapter applies to any source for which: 

(1) The Department did not receive, by November 15, 1992, an application which the Department determines is complete 

for all necessary permits to construct and approvals required by this subtitle; and 

(2) A completed application, for all necessary permits to construct and approvals required by this subtitle, was received 

before November 15, 1992, but for which the applicant did not, as determined by the Department, diligently pursue those permits

and approvals after November 15, 1992. 

F. Major Modification. 

(1) A project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a 

significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If 

the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant 

net emissions increase. 

(2) Applicability Tests. 

(a) Actual-to-Projected-Actual Applicability Test for Projects That Involve Only Existing Emissions Units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual

emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant. 

(b) Actual-to-Potential Test for Projects That Involve Only Construction of a New Emissions Unit or Units. A significant 

emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit 

from each new emissions unit following completion of the project and the baseline actual emissions of these units before the 

project, equals or exceeds the significant amount for that pollutant. 

(c) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a 

regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method 

specified in §F(2)(a) and (b) of this regulation, as applicable, with respect to each emissions unit, for each type of emissions unit, 

equals or exceeds the significant amount for that pollutant. 

G. At the time when a particular stationary source or modification becomes a major stationary source or major modification 

solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the 

source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this 

chapter apply to the source or modification as though construction had not yet commenced on the source or modification. 

H. Any major stationary source with a PAL for a regulated NSR pollutant shall comply with the requirements of Regulations 

.07—.09 of this chapter. 

I. Preconstruction Permit Program In Attainment Areas. 

(1) The preconstruction permit program requirements also apply to any proposed major stationary source and to any major 

modification to the source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard 

(NAAQS) pursuant to §107 of the Clean Air Act (42 U.S.C. 7407) when it would cause or contribute to a violation of a NAAQS. 

(2) A major source or major modification is considered to cause or contribute to a violation of a NAAQS when the source 

or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard: 
DEPARTMENT OF THE ENVIRONMENT 

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 Averaging Time (hours) 

Pollutant Annual 24 8 3 1 

SO2 1.0 μg/m3

 5.0 μg/m3 25 μg/m3 

PM10 1.0 μg/m3

 5.0 μg/m3 

NO2 1.0 μg/m3

 

CO 0.5mg/m3

 2.0 mg/m3 

(3) A proposed major source or major modification subject to §I(2) of this regulation may reduce the impact of its emissions 

upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where 

the major source or major modification would otherwise cause or contribute to a violation of any NAAQS. 

.03 General Conditions. 

A. A person who proposes to construct or modify an emissions unit subject to this chapter may not commence construction of 

the emissions unit without first obtaining all permits and approvals required under this subtitle. 

B. The Department shall deny a permit or approval to a person who proposes to construct a new major stationary source or 

major modification to a major stationary source unless the following conditions are met: 

(1) The applicant certifies that all existing major stationary sources owned or operated by the applicant, or any entity 

controlling, controlled by, or under common control with the applicant, in the State are in compliance with all applicable emission 

limitations or are in compliance with an approved federally enforceable plan for compliance; 

(2) The proposed new major stationary source or major modification will meet an emission limitation which specifies the 

lowest achievable emissions rate; 

(3) More than equivalent emission offsets from existing sources in the area impacted by the proposed new major stationary 

source or major modification (whether or not under the same ownership) are required so that there will be reasonable further 

progress toward attainment of the applicable standard; for sources locating in the Ozone Transport Region, the offset ratios for 

VOC and NOx shall equal or exceed the following: 

(a) 1.3 to 1 for sources of VOC or NOx in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, 

Frederick, Harford, Howard, Montgomery, or Prince George's counties; and 

(b) 1.15 to 1 for sources of VOC or NOx in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. 

Mary's, Talbot, Washington, Wicomico, or Worcester counties; 

(4) The emission offsets will provide a positive net air quality benefit in the affected area, although for sources of VOC or 

NOx, atmospheric simulation modeling is not necessary for VOC and NOx and fulfillment of §B(3) of this regulation is considered 

adequate to meet this condition; 

(5) The emission offsets for the major source or major modification shall be federally enforceable before construction is 

commenced; 

(6) An analysis of alternative sites, sizes, production processes, and environmental control techniques for a proposed source 

demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of 

its location, construction, or modification; and 

(7) The total tonnage of increased emissions, in tons per year, resulting from a major modification that is to be offset is the

sum of the difference between the allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. 

C. For phased construction projects, the determination of the lowest achievable emission rate shall be reviewed and modified, 

as appropriate, at the latest reasonable time which occurs not later than 18 months before commencement of construction of each

independent phase of the project. At that time, the owner or operator of the applicable stationary source may be required to 

demonstrate the adequacy of any previous determination of the lowest achievable emission rate for the source. 
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D. Approval to construct does not relieve an owner or operator of the responsibility to comply fully with any other 

requirement under local, State, or federal law. 

E. If an existing emissions unit at a major stationary source is modified and causes an increase in emissions that may be 

significant and the modification is not part of a major modification at the source: 

(1) A permit is required in accordance with COMAR 26.11.02 and the Department will establish permit conditions that 

prevent the emissions from becoming significant; and 

(2) The source is also subject to the annual reporting requirements in COMAR 26.11.01.05-1 that require a report of 

emissions for each emissions unit for each year. 

F. If the emissions from the modified emissions unit become significant, the provisions in this chapter apply retroactive to the 

date the modification occurred. 

.04 Creating Emission Reduction Credits (ERCs). 

A. An emissions unit that emits NOx or VOC is eligible to create an ERC if: 

(1) The unit was in operation any time during calendar year 2002 or later, and emissions from the unit were included in the 

current inventory for the State Implementation Plan for the pollutant; 

(2) The Department did not rely on the emission reduction in issuing a permit under an approved regulation; and 

(3) The Department has not relied on the emission reduction in demonstrating attainment or reasonable further progress. 

B. An ERC may be created by: 

(1) Controlling emissions below the emission levels required by applicable State and federal requirements and the State 

Implementation Plan through a federally enforceable permit limit; 

(2) Curtailing operations and reducing emissions through a federally enforceable permit condition; or 

(3) Permanently discontinuing the operation of one or more emissions units at a source. 

C. Quantification and use of ERCs. 

(1) ERCs shall be based on a reduction of the source's actual emissions as that term is defined in Regulation .01 of this 

chapter. 

(2) The Department shall credit an emissions unit with emission reductions achieved by shutting down an existing 

emissions unit or permanently curtailing production or operating hours if the reductions are permanent, quantifiable, and federally 

enforceable. In addition, the shutdown or curtailment is creditable only if it occurred on or after January 1, 2003, and if the

reduction is not necessary to meet any other State or federal requirement. 

(3) Creditable emission reductions that qualify as ERCs may be used to satisfy the requirement to provide offsets under this 

chapter and shall total at least 5 tons per year of VOC or NOx. 

(4) If a new regulation is adopted that applies to an emissions unit that created ERCs, the ERCs shall be reduced by an 

amount equal to the reduction that would have been required before the ERCs were created. 

(5) Emission reduction credits shall be enforceable by the Department and the EPA and shall be obtained by the date the 

new emissions unit commences construction. 

(6) The reduction of emissions from an emissions unit that provides emission reduction credits shall occur before the date 

when the new or modified emissions unit becomes operational. 

D. Location of ERCs. 

(1) Generally, ERCs are acceptable if obtained from within the same area as the new or modified emissions unit. The 

Department may allow the owner or operator to obtain VOC or NOx emission reductions from other areas if: 

(a) The other area has an equal or higher nonattainment classification than the area in which the emissions unit is located; 

and 

(b) Emissions of the particular pollutant from the other area have been demonstrated to contribute to a violation of the 

National Ambient Air Quality Standard in the area in which the new emissions unit is located. 
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(2) The Department shall give preference to ERCs from emissions units located as close to the proposed emissions unit site 

as possible. 

E. Exclusions and Limitations. 

(1) ERCs shall expire as follows: 

(a) For emissions units discontinuing operation before January 1, 2002, the ERCs expire January 1, 2012; and 

(b) For emissions units discontinuing operation on or after January 1, 2002, the ERCs expire January 1, 2012, or 10 years 

after the discontinued operation, whichever is later. 

(2) The expiration dates in §E(1) of this regulation do not apply if the ERCs are committed to a new or modified emissions 

unit through a permit to construct that has an enforceable contract to transfer the ERCs to the owner or operator of a new or 

modified emissions unit. 

(3) An ERC may not be used to meet BACT, LAER, NSPS, RACT, allowance based programs, or any other emission 

limitation under the Clean Air Act. 

.05 Information on Emission Reductions and Certification. 

A. A person who creates an emission reduction for use as an ERC shall submit the following information to the Department: 

(1) A description of the equipment or process that resulted in a reduction in actual emissions, including any air pollution 

control devices serving that equipment or process; 

(2) The actual emissions occurring when the equipment or process operated in compliance with all applicable requirements 

during the selected 24-month period; 

(3) Identification of all regulations or other requirements that apply to the equipment or process and a demonstration of 

compliance with those requirements; 

(4) Identification of the method used to reduce actual emissions and calculations showing the emission reductions achieved; 

and 

(5) The date or dates on which the reduction in emissions occurred. 

B. ERCs may not be used until they are certified. 

C. ERCs shall be certified as follows: 

(1) Information on emission reductions submitted by the person who owns or operates the emissions units creating the 

ERCs shall be verified by the Department based on review of information in the Department's files including the source's 

emission certification reports, stack tests, inspection reports, and other information relating to emissions and compliance with 

applicable requirements; 

(2) A site inspection may be made to verify the shutdown or other method used to create the ERCs. 

.06 Transferring Emission Reduction Credits. 

A. An ERC may be transferred to the control of another person after it is certified and becomes federally enforceable. 

B. A person may not use an ERC in a manner that causes a violation of any applicable federal or State emission standard or 

requirement. 

C. ERCs may not be transferred to a third party or used for any other purpose except as offsets through a federally enforceable

permit to construct. 

D. A source located in Maryland may use an ERC created by a source located in another State if: 

(1) The emission reduction is certified by the state in which it is created; 

(2) The conditions of the transfer are enforceable by the other state and the EPA; and 

(3) All of the requirements in this chapter are met. 
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.07 Plantwide Applicability Limit (PAL) — General. 

A. Applicability. 

(1) The Department may approve the use of a PAL for any existing major stationary source if the requirements in this 

regulation are met. 

(2) Any physical change or change in the method of operation of a major stationary source that maintains its total sourcewide emissions below the PAL level meets the requirements of this chapter and complies with the PAL permit if: 

(a) It is not a major modification for the PAL pollutant; 

(b) It does not have to be approved through Regulations .01—.03 of this chapter; and 

(c) It is not subject to Regulation .02G of this chapter. 

(3) Except as provided under §A(2) of this regulation, a major stationary source shall continue to comply with all applicable 

federal and State requirements, emission limitations, and work practice requirements that were established before the effective

date of the PAL. 

B. Definitions. In Regulations .07—.09 of this chapter, the following terms have the meanings indicated: 

(1) "Actual PAL" means, for a major stationary source, a PAL based on the baseline actual emissions of all emissions units 

at the source that emit or have the potential to emit the PAL pollutant. 

(2) "Allowable emissions" has the meaning stated in Regulation .01B(2) of this chapter, except that this definition is 

modified as follows: 

(a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are 

enforceable as a practicable matter on an emissions unit's potential to emit; 

(b) An emissions unit's potential to emit shall be determined using the definition in Regulation .01B(21) of this chapter, 

except that the words "or enforceable as a practicable matter" shall be added after "federally enforceable". 

(3) "Continuous emissions monitoring system (CEMs)" means all of the equipment that may be required to meet the data 

acquisition and availability requirements of this regulation, to sample, condition (if applicable), analyze, and provide a record of 

emissions on a continuous basis. 

(4) "Continuous emissions rate monitoring system (CERMs)" means the total equipment required for determining and 

recording the pollutant mass emissions rate (in terms of mass per unit of time). 

(5) "Continuous parameter monitoring system (CPMs)" means all of the equipment necessary to meet the data acquisition 

and availability requirements of this regulation to monitor process and control device operational parameters (for example, control 

device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide 

concentrations), and to record average operational parameter values on a continuous basis. 

(6) "Major emissions unit" means an emissions unit that emits or has the potential to emit: 

(a) 100 tons per year or more of the PAL pollutant in an attainment area; or 

(b) The PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant. 

(7) "PAL effective date" means the date of issuance of a PAL permit or a revised PAL permit, except that the PAL effective 

date for an increased PAL is the date an emissions unit which is part of the PAL major modification becomes operational and 

begins to emit the PAL pollutant. 

(8) "PAL effective period" means the period beginning with the PAL effective date and ending 5 years later. 

(9) "PAL major modification" means any physical change in or changes in the method of operation of the PAL source that 

causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(10) "PAL permit" means the permit issued by the Department that establishes a PAL for a major stationary source. 

(11) "PAL pollutant" means the pollutant for which the PAL is established. 
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(12) "Plantwide applicability limit (PAL)" means an emissions limitation, expressed in tons per year, for a pollutant at a 

major stationary source, that is enforceable as a practicable matter and established source-wide according to Regulation .08B of 

this chapter. 

(13) "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to monitor process and 

control device operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions rate (for 

example, pounds per hour) on a continuous basis. 

(14) "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an 

amount that is equal to or greater than the significant level for the PAL pollutant, but less than the amount that would qualify the 

unit as a major emissions unit. 

(15) "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

less than the significant level for that PAL pollutant, as defined in Regulation .01B(26) of this chapter or in the Clean Air Act, 

whichever is lower. 

.08 Plantwide Applicability Limit (PAL) — Permits. 

A. Permit Application. 

(1) The owner or operator of a major stationary source may apply for a PAL permit by submitting an application to the 

Department that includes: 

(a) A list of all emissions units at the source designated as small, major, or significant based on their potential to emit; 

(b) Applicable State and federal requirements for each emissions unit; 

(c) The baseline actual emissions for each emissions unit with supporting calculations and documentation including 

emissions associated with startup, shutdown, and malfunctions; and 

(d) The method to be used to monitor each emissions unit. 

(2) The source shall include in the application calculations and procedures that are to be used to convert emissions data to 

monthly emissions to enable calculation of 12-month rolling averages. 

B. PAL Level. 

(1) The PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL 

pollutant for each emissions unit at the source plus an amount equal to the applicable significant level for the PAL pollutant under 

Regulation .01B of this chapter or under the Clean Air Act, whichever is lower. 

(2) When establishing the actual PAL levels for a PAL pollutant, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be 

used for each different PAL pollutant. 

(3) Emissions associated with units that were permanently shut down after the 24-month period shall be subtracted from the 

PAL level. Emissions from units on which actual construction began after the 24-month period shall be added to the PAL level in

an amount equal to the potential to emit of the units. 

(4) The Department shall specify a reduced PAL level, in tons per year, in the PAL permit to become effective on the future 

compliance date of any applicable federal or state regulatory requirement that the Department is aware of before issuance of the 

PAL permit. 

C. Issuance of a PAL Permit. 

(1) If the Department approves an application for a PAL permit, the PAL permit shall be issued for a period not to exceed 5 

years from the PAL effective date. 

(2) The PAL permit shall include: 

(a) The PAL pollutant and the applicable source-wide emissions limitation in tons per year; 

(b) The effective date and expiration date of the PAL; 
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(c) Specification that if a major stationary source owner or operator applies to renew a PAL in accordance with §G of this 

regulation before the end of the PAL effective period, then the PAL does not expire at the end of the PAL effective period but 

remains in effect until a revised PAL permit is issued by the Department; 

(d) A requirement that emissions calculations for compliance purposes include emissions from startup, shutdowns, and 

malfunctions; 

(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of §E of this 

regulation; 

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring 

system data to monthly emissions and annual emissions based on a 12-month rolling total for each month; 

(g) A requirement that the major stationary source owner or operator monitor all emissions units and retain records, in 

accordance with the provisions of Regulation .09A of this chapter, which may be retained in an electronic format; 

(h) A requirement to submit the reports required under Regulation .09A of this chapter by the required deadlines; and 

(i) Any other requirement that the Department determines is necessary to implement and enforce the PAL. 

D. General Requirements. 

(1) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the 

entire major stationary source. 

(2) The PAL shall include emissions of only one pollutant, including quantifiable fugitive emissions of that pollutant from 

all emissions units. 

(3) For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary 

source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the 

previous 12 consecutive months is less than the PAL. For each month during the first 11 months from the PAL effective date, the

major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective 

date for each emissions unit under the PAL is less than the PAL. 

(4) A person who receives a PAL permit from the Department is subject to: 

(a) All applicable existing State and federal requirements; and 

(b) Any future State or federal requirements that apply to an emissions unit under an approved PAL. 

(5) During the PAL effective period, emission reductions of a PAL pollutant may not be creditable for use as ERCs unless 

the level of the PAL is reduced by the amount of the reduction and the reduction would be creditable in the absence of the PAL.

(6) PALs for existing major stationary sources shall be established, renewed, or increased through a public participation 

procedure that is consistent with 40 CFR §§51.160 and 51.161. The Department shall provide the public with notice of the 

proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. All comments received by the 

Department shall be addressed before the Department takes final action on the permit. 

E. Expiration of a PAL. 

(1) Any PAL that is not renewed according to §G of this regulation shall expire at the end of the PAL effective period. 

(2) Within the time frame specified for PAL renewals, the major stationary source shall submit a proposed allowable 

emission limitation for each emissions unit (or each group of emissions units, if this distribution is more appropriate, as 

determined by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the 

emissions units that existed under the PAL. If the PAL had not yet been adjusted for any applicable requirement that became 

effective during the PAL effective period, as required under §G of this regulation, the distribution shall be made as if the PAL had 

been adjusted. 

(3) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised 

permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Department determines is 

appropriate. 
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(4) Each emissions unit shall comply with the allowable emission limitation on a 12-month rolling basis. The Department 

may approve the use of monitoring systems (for example, source testing or emission factors) other than CEMs, CERMs, PEMs, or 

CPMs to demonstrate compliance with the allowable emission limitation. 

(5) Until the Department issues the revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the 

PAL emission limitation. 

(6) Any physical change or change in the method of operation at the major stationary source is subject to the nonattainment 

major NSR requirements if the change meets the definition of a major modification. 

(7) The major stationary source owner or operator shall continue to comply with any State or federal applicable 

requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or before the PAL 

effective period, except for those emission limitations that had been established pursuant to Regulation .02G of this chapter but 

were eliminated by the PAL in accordance with Regulation .07A(2)(c) of this chapter. 

F. Reopening a PAL Permit. 

(1) During the PAL effective period, the permit may be reopened to: 

(a) Correct any errors in setting the PAL or to reflect a more accurate determination of emissions used to establish the 

PAL; 

(b) Reduce the PAL if the source creates emission reduction credits; or 

(c) Reflect a necessary increase in the PAL level. 

(2) The Department may reopen the PAL to: 

(a) Reflect a new federal or State requirement that would apply to an emissions unit after the effective date or for other 

reasons determined by the Department; 

(b) Reduce the PAL consistent with any other requirement that is enforceable as a practicable matter, and that the 

Department may impose on the major stationary source; or 

(c) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to: 

(i) A NAAQS or PSD increment violation; or 

(ii) An adverse impact on an air quality related value that has been identified for a Federal Class I Area by a federal 

land manager and for which information is available to the general public. 

(3) Any adjustment to the PAL shall be made through the public participation procedures required when the PAL was first 

established. 

G. Renewal of a PAL. 

(1) A person who requests renewal of a PAL permit shall apply for the renewal not later than 6 months before the existing 

PAL permit expiration date. If a person submits a complete application to renew the PAL within that time period, the PAL shall 

continue to be effective until a renewed permit is issued. 

(2) The application to renew the PAL shall contain the following: 

(a) The information required in §A of this regulation; 

(b) A proposed PAL level; 

(c) The sum of potential to emit of all emissions units under the PAL and supporting documentation; and 

(d) Any other information the owner or operator wishes the Department to consider in determining the appropriate level 

for renewing the PAL. 

(3) Adjustments at Renewal. 

(a) If the sum of the emissions from each emissions unit within the PAL is 80 percent or less than the PAL, a renewed 

PAL permit may be issued at the same level. 
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(b) The Department may set the PAL at a level that it determines to be more representative of the source's baseline actual 

emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated 

economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as 

specifically identified by the Department in its written rationale. 

(c) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a 

level not greater than the potential to emit of the source, and the Department may not approve a renewed PAL level higher than 

the current PAL unless the major stationary source has complied with the provisions of Regulation .09A of this chapter. 

(4) If a compliance date for a State or federal requirement that applies to the PAL source occurs during the PAL effective 

period, and if the Department has not already adjusted for this requirement, that PAL shall be adjusted at the time of PAL renewal 

or Title V permit renewal, whichever occurs first. 

(5) The Department shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the 

public for review and comment. During the public review, any person may propose a PAL level for the source for consideration 

by the Department. 

H. Increasing a PAL. 

(1) Requirements for Increasing a PAL. 

(a) A PAL may be increased during the PAL effective period if the requirements of this subsection are met. 

(b) The owner or operator of the major stationary source shall submit a complete application to request an increase in the 

PAL limit for a PAL major modification. The application shall identify the emissions units contributing to the increase in 

emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. 

(c) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the 

baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major 

emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or 

modified emissions units, exceeds the PAL. The level of control that would result from BACT equivalent controls on each 

significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is 

submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established 

within the preceding 10 years. In this case, the assumed control level for that emissions unit shall be equal to the level of BACT 

or LAER with which that emissions unit shall currently comply. 

(d) The owner or operator shall obtain a major NSR permit for all emissions units identified in this subsection regardless 

of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions units shall 

comply with any emissions requirements resulting from the nonattainment major NSR program processed (for example, LAER), 

even though they have also become subject to the PAL or continue to be subject to the PAL. 

(e) The PAL permit shall require that the increased PAL level be effective on the day any emissions unit that is part of 

the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions 

unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with §H(1)(c) of this regulation), plus the sum of the baseline actual emissions of 

the small emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of §D(6) 

of this regulation. 

.09 Plantwide Applicability Limit (PAL) — Monitoring, Record Keeping, and Reporting. 

A. Monitoring and Record Keeping Requirements. 

(1) Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determine plantwide 

emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit 

shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. 

Additionally, the information generated by the system shall meet the minimum legal requirements for admissibility in a judicial

proceeding to enforce the PAL permit. 
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(2) The PAL monitoring system shall employ one or more of the four general monitoring approaches meeting the minimum 

requirements set forth in §A(5) of this regulation and shall be approved by the Department. 

(3) Notwithstanding §A(2) of this regulation, an alternative monitoring approach may be used that meets the requirements 

of §A(1) of this regulation if approved by the Department. 

(4) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid. 

(5) The following are acceptable general monitoring approaches when conducted in accordance with the minimum 

performance requirements in §A(6)—(12) of this regulation: 

(a) Mass balance calculations for activities using coatings or solvents; 

(b) CEMs; 

(c) CPMs or PEMs; and 

(d) Emission factors. 

(6) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions 

from activities using coatings or solvents shall meet the following requirements: 

(a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created 

by all materials used in or at the emissions unit; 

(b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or 

fuel used in or at the emissions unit if it cannot otherwise be accounted for in the process; and 

(c) Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content 

from that material, the owner or operator shall use the highest value of the range to calculate the PAL pollutant emissions unless 

the Department determines there is site specific data or a site specific monitoring program to support another content within the 

range. 

(7) CEMs. An owner or operator using CEMs to monitor PAL pollutant emissions shall meet the following requirements: 

(a) CEMs shall comply with the applicable performance specifications found in 40 CFR Part 60, Appendix B; and 

(b) CEMs shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. 

(8) CPMs or PEMs. An owner or operator using CPMs or PEMs to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) The CPMs or the PEMs shall be based on current site specific data demonstrating a correlation between the monitored 

parameters and PAL pollutant emissions across the range of operation of the emissions unit; and 

(b) Each CPMs or PEMs shall sample, analyze, and record data at least every 15 minutes, or at another less frequent 

interval approved by the Department, while the emissions unit is operating. 

(9) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the 

factor development; 

(b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and 

(c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to 

calculate PAL pollutant emissions shall conduct validation testing to determine a site specific emission factor within 6 months of 

PAL permit issuance, unless the Department determines that testing is not required. 

(10) A source owner or operator shall record and report maximum potential emissions without considering enforceable 

emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, 

unless another method for determining emissions during this period is specified in the PAL permit. 

(11) Notwithstanding the requirements in §A(6)—(10) of this regulation, when an owner or operator of an emissions unit 

cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points 

of the emissions unit, the Department shall, at the time of permit issuance: 
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(a) Establish default values for determining compliance with the PAL based on the highest potential emission reasonably 

estimated at the operating point; or 

(b) Determine that operation of the emissions unit during operating conditions when there is no correlation between 

monitored parameters and the PAL pollutant emissions is a violation of the PAL. 

(12) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other 

scientifically valid means approved by the Department. This testing shall occur at least once every 5 years after issuance of the 

PAL. 

(13) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance 

with any requirement of Regulations .07—.09 of this chapter and of the PAL, including a determination of each emissions unit's 

12-month rolling total emissions for 5 years from the date of that record. 

(14) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the 

PAL effective period plus 5 years: 

(a) A copy of the PAL permit application and any application for revisions to the PAL; and 

(b) Each annual certification of compliance pursuant to Title V and the data relied on in certifying the compliance. 

B. Reporting Requirements. 

(1) A semiannual report shall be submitted to the Department within 30 days of the end of each reporting period, beginning 

6 months after the PAL effective date. This report shall contain the following information: 

(a) The identification of the owner and operator and the permit number; 

(b) Total annual emissions in tons per year based on a 12-month rolling total for each month in the reporting period 

recorded pursuant to §A(13) of this regulation; 

(c) All data relied upon including any quality assurance or quality control data in calculating the monthly and annual 

PAL pollutant emissions; 

(d) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period; 

(e) The number, duration, and cause of any deviation or monitoring malfunction, other than the time associated with zero 

and span calibration checks, and any corrective actions taken; 

(f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the 

reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another 

monitoring system, and whether the emissions unit monitored by the system continued to operate and the calculation of the 

emissions of the pollutant or the number determined by methods included in the permit; and 

(g) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information 

provided in the report. 

(2) The major stationary source owner or operator shall promptly submit reports of any deviation or exceedances of the 

PAL requirements including periods when no monitoring is available. A report submitted pursuant to COMAR 

26.11.03.06C(7)(a)(i) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits

prescribed in the source's Title V permit. The report shall contain the following information: 

(a) The identification of the owner or operator and the permit number; 

(b) The PAL requirement that experienced the deviation or that was exceeded; 

(c) The emissions resulting from the deviation or the exceedances; and 

(d) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information 

provided in the report. 

(3) The owner or operator shall submit to the reviewing authority the results of any revalidation test or method within 3 

months after completion of the test method. 
DEPARTMENT OF THE ENVIRONMENT 

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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, repealed effective July 8, 1990 (17:11 Md. R. 1344) 

—————— 

Regulations .01—.05, Requirements for Major New Sources and Modifications, adopted effective April 26, 1993 (20:8 Md. R. 724) 

Regulation .02D amended effective May 22, 1995 (22:10 Md. R. 708) 

—————— 

Chapter revised effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .01B amended effective November 24, 2003 (30:23 Md. R. 1653) 

Regulation .03B amended effective November 24, 2003 (30:23 Md. R. 1653) 

—————— 

Chapter revised effective October 22, 2007 (34:21 Md. R. 1917) 

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1077) 

Regulation .02 amended effective July 8, 2013 (40:13 Md. R. 1077) 
26.11.18 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, Title 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 full 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 dead animals, crustaceans, or any 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, cutting, grinding, cooking, drying, or any other operation necessary 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 standard 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 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 accomplish 

equally effective results in reducing particulate matter discharge. "Mesh" means Tyler Standard Screen 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-entering the ambient air; 

(b) Reasonable precautions to minimize emissions 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 the receipt of complaints which have been substantiated by 

Departmental investigation. 

(b) Grain 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 percent moisture removal), located on a farm and 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 

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Effective as of November 12, 2010 

B. Areas III and IV. 

(1) A person may not cause or permit the operation of any grain-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 accomplish 

equally effective results in reducing particulate matter discharge. "Mesh" means Tyler Standard Screen Scale or its equivalent.

(2) Exemptions. 

(a) All grain-drying installations, except those in the City of Baltimore, in operation before January 1, 1975, are exempt 

from the provisions of §B(1), of this regulation, unless otherwise ordered 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 more 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 prevent 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 design and operational practices 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 systems 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. Any 

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 include 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 the spout except during topping-off operations or when trimming machines are being used. 

The Department may approve the use of alternative control devices, 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, particulate matter in excess of 0.03 gr/SCFD (68.7 

mg/dscm). 

(5) Compliance Schedule. 

(a) A person 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 filter 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 application for the installation necessary to achieve 

compliance; 

(ii) By January 1, 1982, beginning of construction of those installations necessary to achieve compliance; 
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Effective as of November 12, 2010 

(iii) By December 1, 1982, completion of construction and beginning 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 increments 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 approved 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 operating 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 creates 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 all 

emissions are treated by incineration or by other methods if determined by the Department to be equally or more effective for the 

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 

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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 barbecue 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 operated 

without control equipment, will meet §B(1) of this regulation. 

(2) For the purpose of determining whether an installation will meet §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 effective July 2, 1985 (12:11 Md. R. 1050) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.20 to COMAR 26.11.18 
26.11.19 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, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) "Adhesive" means an organic, inorganic, natural, or synthetic substance that is used primarily for laminating, attaching, 

or bonding two or more components. 

(1-1) "Annual", when used in the context of emissions, production, throughput, or total weight or volume, means a 

"calendar year", unless otherwise specified. 

(2) "Coating" means a liquid, liquefiable, or mastic composition which is converted into a solid protective, decorative, or 

adherent film after application as a thin layer. This includes paints, varnishes, lacquers, stains, shellacs, film-forming polymers, 

waxes, and oils which are applied to metal, paper, fabric, wood, glass, stone, concrete, plastic, and other types of surfaces. 

(3) "Exempt solvent" means any organic compound that is not a VOC as defined under COMAR 26.11.01.01. 

(4) "Major stationary source of VOC" means any stationary source which has the potential to emit, including fugitive 

emissions: 

(a) 25 tons or more per year of VOC and is located in Baltimore City or Anne Arundel, Baltimore, Calvert, Carroll, 

Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; 

(b) 50 tons or more per year of VOC and is located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, 

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

(5) "Oven" means a chamber within which heat is used to bake, cure, polymerize, or dry a surface coating. 

(6) "Prime coat" means the initial layer of coating applied in a multicoat application. 

(7) "Transfer efficiency" means the ratio of the amount of coating solids deposited onto the surface of a coated part to the 

total amount of coating solids used. 

(8) "Web printing" means using lithographic, letterpress, flexographic, or rotogravure methods to deposit ink on paper or 

similar products that are fed continuously from a web. 

.02 Applicability, Determining Compliance, Reporting, and General Requirements. 

A. Applicability. 

(1) Any installation or source subject to the provisions of this chapter is also subject to all applicable provisions of all other 

chapters in this subtitle. However, when this chapter establishes an emission standard for a specific installation which differs from 

the general emission standard in COMAR 26.11.06.01—.09, this chapter takes precedence. 

(2) This chapter is applicable throughout the State. 

(3) Except as provided in §A(4) of this regulation, if a source becomes subject to any requirement in this chapter because 

either its potential to emit or actual emissions exceed an applicability threshold, the source, after that, is subject to all applicable 

requirements, regardless of whether a future emission rate is below the applicability threshold. 

(4) If a source is subject to a federally enforceable emissions limit, that limit determines whether the source is subject to the 

requirements of this chapter. 

(5) In determining the applicability of any requirements in this chapter that specify an applicability threshold in terms of 

actual emissions, the emission on any day since January 1, 1990, shall be considered. 

B. Method of Compliance. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 09, 2012 

(1) Unless otherwise stated, compliance with the applicable emission standards established in this chapter is based on the 

VOC content of each coating or adhesive, as applied. 

(2) A person subject to this chapter shall comply with the emission standards in this chapter by: 

(a) Applying low VOC coatings or adhesives that meet applicable standards; 

(b) Using a control device that, when tested by approved test methods: 

(i) Complies with applicable emission reduction requirements, or 

(ii) Results in an emission reduction equal to or greater than the emission reduction that would have been achieved by 

complying with §B(2)(a) of this regulation; 

(c) Complying with the operating conditions or equipment specifications established in the applicable regulation; 

(d) For sources subject to VOC limits in coatings or inks or other similar products, reducing emissions by using waterbased coatings, resins, inks, or similar products that contain less than 25 percent VOC by volume of the volatile portion of the 

product; or 

(e) Using an alternative method of assessing compliance if: 

(i) The alternative method is approved by the Department, 

(ii) The resulting emissions are equal to or less than the emissions that would have been discharged by complying with 

emission standards, 

(iii) Adequate records are maintained to ensure enforceability, and 

(iv) The alternative compliance method is approved by the U.S. EPA as a revision to the State Implementation Plan. 

C. Determination of Equivalency. If compliance is achieved by a method other than use of a low VOC coating or adhesive that 

meets the applicable emission standard established in this chapter, compliance with the standard shall be determined on the basis 

of equal volume of solids applied. 

D. Test Method. 

(1) The VOC content for any coating or adhesive used pursuant to the requirements of this chapter shall be determined 

using Method 24 of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment 

Specifications for Stationary Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 

(2) If compliance with any requirement in this chapter is achieved through use of an air pollution control device, 

compliance shall be determined in accordance with COMAR 26.11.01.04C. 

(3) Alternative methods for determining compliance may be used if approved by the Department and by the US EPA. 

E. Computations. 

(1) "Kilograms per liter of coating or adhesive applied (minus water)" shall be computed by the following formula: 

Kilograms per liter of coating or adhesive applied (minus water) = A/(1 - (B/0.995) - (C/D)) when: 

A is the weight in kilograms of VOC in each liter at standard conditions, 

B is the weight in kilograms of water in each liter at standard conditions, 

C is the weight in kilograms of exempt solvent in each liter at standard conditions, and 

D is the density of the exempt solvent in kilograms per liter. 

(2) "Pounds per gallon of coating or adhesive applied (minus water)" shall be computed by the following formula: 

Pounds per gallon of coating or adhesive applied (minus water) = A/(1 - (B/8.321) - (C/D)) when: 

A is the weight in pounds of VOC in each gallon at standard conditions, 

B is the weight in pounds of water in each gallon at standard conditions, 

C is the weight in pounds of exempt solvent in each gallon at standard conditions, and 

D is the density of the exempt solvent in pounds per gallon. 
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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 grams per g-mole, as given in chemical reference literature 

Vpi = Vapor pressure of the “I”th VOC compound at 20 C, in mm Hg, as determined by §E(4)(b) of this regulation. 

 (b) The vapor pressure of each single component compound may be determined from ASTM D2879-86, or may be 

obtained from a material safety data sheet or another source approved by the Department. 

(4) The mass VOC to mass solids applied for coatings, adhesives, or inks shall be determined as follows: 

(a) The VOC content, water content, density, volume solids, and weight solids for any coating, adhesive, or ink used 

pursuant to the requirements of this chapter shall be determined as specified in COMAR 26.11.01.04C. 

(b) The weight of coating solids shall be calculated as follows: 

Where: 

VOCS = VOC content in lb VOC/lb of coating solids or in kg VOC/kg of coating solids 

Wv = 100% - Wn 

Ww = Weight percent of water 

Wex = Weight percent of exempt solvents 

Wn = Weight percent of solids of the as applied coating 

 (5) The weight of VOC in units of weight VOC per weight coating applied (in pounds VOC/pounds coating applied or in 

VOC/kg coating applied) for coatings, adhesives, or inks shall be determined as follows: 

(a) The VOC content, water content, density, volume solids, and weight solids for any coating, adhesive, or ink used 

pursuant to the requirements of this chapter shall be determined as specified in COMAR 26.11.01.04C. 

(b) The weight of coating solids shall be calculated as follows: 

VOCM = Wv - Ww - Wex 
DEPARTMENT OF THE ENVIRONMENT 

26.11.19.02 

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Effective as of November 09, 2012 

Where: 

VOCM = VOC content in lb VOC/lb of coating or in kg VOC/kg of coating 

Wv = 100% - Wn 

Ww = Weight percent of water 

Wex = Weight percent of exempt solvents 

Wn = Weight percent of solids of the as applied coating 

F. Reporting and Record-Keeping Requirements. 

(1) Reporting Requirements for Listed Sources. 

(a) A person who owns or operates any of the installations or sources listed below shall, unless otherwise required by a 

permit condition or administrative order, submit a quarterly report to the Department on or before the 20th of the month following 

the end of each calendar quarter: 

(i) A major stationary source of VOC, as defined in Regulation .01B(4) of this chapter; 

(ii) A source that has an approved alternative method of assessing compliance under §B(2)(d) of this regulation; 

(iii) A source for which the Department has authorized compliance through use of averaging or that has an emission 

cap or other emission or production limitation; and 

(iv) Any other source, as determined by the Department, based on the quality or quantity of materials used or 

processed. 

(b) The report shall include, at a minimum, the VOC content and the quantity of VOC bearing materials used during the 

specified time period, and operational parameters that are necessary to ensure compliance. 

(2) Reporting Requirements for Small Sources. A person who owns or operates an installation or source for which a 

standard has been established in this chapter and has VOC emissions below the applicable regulation threshold shall maintain 

records pertaining to the quality and quantity of VOC materials used that are adequate to demonstrate that emissions are below 

the applicable threshold at all times. 

(3) Record Keeping Requirements. 

(a) Data shall be recorded in a manner consistent with the time period to which a standard applies to enable the 

determination of compliance. For example, 24-hour records shall be maintained for a 24-hour time-weighted average. 

(b) Data shall be maintained for a period of at least 2 years, and made available to the Department upon request. 

(c) The reporting format and acceptable data summary shall be as prescribed by the Department. 

G. Control of Major Stationary Sources of Volatile Organic Compounds. 

(1) This section applies to a person who owns or operates any major stationary source of VOC that is not subject to any 

VOC emission standard in COMAR 26.11.10, 26.11.11, 26.11.13, 26.11.14, or Regulations .03—.33 of this chapter. 

(2) A person who owns or operates a major stationary source of VOC subject to this section shall: 

(a) Identify each installation or source to which this section applies and notify the Department in writing of this 

identification, not later than: 

(i) August 15, 1993, for all major stationary sources of VOC except major stationary sources of VOC with the 

potential to emit between 25 and 50 tons per year of VOC and located in Calvert, Charles, Frederick, Montgomery, or Prince 

George's counties, or 

(ii) January 20, 1995, for major stationary sources of VOC with the potential to emit between 25 and 50 tons per year 

of VOC and located in Calvert, Charles, Frederick, Montgomery, and Prince George's counties; 

(b) Estimate emissions for each installation or source identified in §G(2)(a) of this regulation and conduct tests as 

required by the Department to verify emissions estimates; 

(c) Submit to the Department, in writing, a proposal for RACT for each installation or source identified and an 

expeditious schedule to comply with the proposed RACT standard by not later than: 
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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 located in Calvert, Charles, Frederick, Montgomery, or Prince 

George's counties; or 

(ii) March 20, 1995, for major stationary sources of VOC with the potential to emit between 25 and 50 tons per year 

of VOC and located in Calvert, Charles, Frederick, Montgomery, or Prince George's counties; and 

(d) By not later than May 15, 1995, comply with RACT as determined by the Department for that major stationary 

source. 

(3) Upon its approval of a RACT standard, the Department shall: 

(a) Amend the source's permit to operate to include the RACT requirements; 

(b) If the source does not have a permit to operate, require the source to submit an application for a permit to operate 

pursuant to COMAR 26.11.02.13, and issue a permit to operate that includes the RACT requirements; 

(c) Adopt a regulation that reflects RACT; or 

(d) Issue an order that includes the RACT requirements. 

(4) A RACT standard established by the Department pursuant to this section shall be submitted to the U.S. EPA for 

approval as a revision to the State Implementation Plan. 

H. A person who owns or operates an existing installation that is not in compliance with this chapter and that is located in 

Allegany, Calvert, Caroline, Charles, Dorchester, Frederick, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, 

Washington, Wicomico, or Worcester counties shall submit a plan for compliance for approval by the Department. The plan for 

compliance shall be submitted not later than November 15, 1993, and include an expeditious schedule to achieve compliance by 

not later than May 15, 1995. 

I. Good Operating Practices, Equipment Cleanup, and VOC Storage. 

(1) Applicability. The requirements in this section apply to a person who owns or operates an installation that is subject to 

any requirement in this chapter. 

(2) Good Operating Practices. 

(a) A person who is subject to this section shall implement good operating practices to minimize VOC emissions into the 

atmosphere. 

(b) Good operating practices shall, at a minimum, include the following: 

(i) Provisions for training of operators on practices, procedures, and maintenance requirements that are consistent with 

the equipment manufacturers' recommendations and the source's experience in operating the equipment, with the training to 

include proper procedures for maintenance of air pollution control equipment; 

(ii) Maintenance of covers on containers and other vessels that contain VOC and VOC-containing materials when not 

in use; 

(iii) Minimize spills of VOC-containing cleaning materials; 

(iv) Convey VOC-containing cleaning materials from one location to another in closed containers or pipelines; 

(v) Minimize VOC emissions from cleaning of storage, mixing, and conveying equipment; 

(vi) As practical, scheduling of operations to minimize color or material changes when applying VOC coatings or 

other materials by spray gun; 

(vii) For spray gun applications of coatings, use of high volume low pressure (HVLP) or other high efficiency 

application methods where practical; and 

(viii) As practical, mixing or blending materials containing VOC in closed containers and taking preventive measures 

to minimize emissions for products that contain VOC. 

(c) A person subject to this regulation shall: 

(i) Establish good operating practices in writing; 
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Effective as of November 09, 2012 

(ii) Make the written operating practices available to the Department upon request; and 

(iii) Display the good operating practices so that they are clearly visible to the operator or include them in operator 

training. 

(3) Equipment Cleanup. 

(a) A person subject to this section shall take all reasonable precautions to prevent or minimize the discharge of VOC 

into the atmosphere when cleaning process and coating application equipment, including containers, vessels, tanks, lines, and 

pumps. 

(b) Reasonable precautions for equipment cleanup shall, at a minimum, include the following: 

(i) Storing all wastes and waste materials, including cloth and paper that are contaminated with VOC, in closed 

containers; 

(ii) Preparing written standard operating procedures for frequently cleaned equipment, including when practical, 

provisions for the use of low-VOC or non-VOC materials and procedures to minimize the quantity of VOC materials used; 

(iii) Using enclosed spray gun cleaning, VOC-recycling systems and other spray gun cleaning methods where 

practical that reduce or eliminate VOC emissions; and 

(iv) Using, when practical, detergents, high-pressure water, or other non-VOC cleaning options to clean coating lines, 

containers, and process equipment. 

(4) VOC Storage and Transfer. 

(a) A person subject to this section who stores VOCs shall, at a minimum, install conservation vents or other vapor 

control measures on storage tanks with a capacity of 2,000 gallons or more to minimize VOC emissions. 

(b) A person subject to this section shall, at a minimum, utilize vapor balance, vapor control lines, or other vapor control 

measures when VOCs are transferred from a tank truck into a stationary storage tank with a capacity greater than 10,000 gallons

and less than 40,000 gallons that store VOCs or materials containing VOCs, other than gasoline, that have a vapor pressure 

greater than 1.5 psia. 

.03 Automotive and Light-Duty Truck Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Automobile" means a passenger car or passenger car derivative capable of seating 12 or fewer passengers. 

(2) Automobile and Light-Duty Truck Coating. 

(a) "Automobile and light-duty truck coating" means an operation that deposits a coating on vehicle parts for eventual 

inclusion into a finished product ready for sale to vehicle dealers. 

(b) "Automobile and light-duty truck coating" does not include wheel coatings, anti-rust coatings, truck coatings, interior 

coatings, flexible coatings, sealers, and plastic parts coatings. 

(3) "Final repair" means the final coating applied to correct topcoat imperfections. 

(4) Light-Duty Truck. 

(a) "Light-duty truck" means a motor vehicle rated at 8,500 pounds (3,864 kilograms) gross weight or less which is 

designed primarily for purposes of transportation of property or is a derivative of such a vehicle. 

(b) "Light-duty truck" includes pickups, vans, and window vans. 

(5) "Primer surfacer" means the coating applied after the primer application and before the topcoat operation on an 

automotive or light-duty truck part. 

(6) "Topcoat" means the final coating applied for the purpose of establishing the color and protective surface, including the 

ground coat and paint sealer materials. 

B. Emission Standards. 

(1) Refinishers, body shops, and customizers are not subject to this regulation. 
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(2) A person may not cause or permit the discharge into the atmosphere of VOC from an automobile or light-duty truck 

coating installation in excess of the following emission standards: 

Coating Pounds Per Gallon of Coating Applied (minus water) Kilograms Per Liter of Coating Applied (minus water) 

 

Prime Coat 1.2 0.14 

Primer Surfacer 2.8 0.34 

Topcoat 2.8 0.34 

Final Repair 4.8 0.58 

.04 Can Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Can coating" means all operations that deposit a coating on metal intended to be made into two-piece cans or threepiece cans with cemented, soldered, or welded side seams. 

(2) "End seal compound coating" means a coating applied onto can ends which functions as a gasket when assembled on 

the can. 

(3) "Exterior base coat" means a coating applied to the exterior of a can to provide protection to the metal and to provide 

background for the lithographic or printing operation. 

(4) "Interior base coat" means a coating applied to flat sheet stock which is intended to provide a protective lining to the 

inside of the can. 

(5) "Overvarnish" means the final coating applied over decorative images on the surface intended to be the can exterior. 

(6) "Three-piece can side seam spray" means a coating applied to the can surface joint when forced from sheet stock to 

protect the exposed metal. 

(7) "Two-piece can exterior end coating" means a coating applied to the exterior end of a can to provide protection to the 

metal. 

B. Emission Standards. A person may not cause or permit the discharge into the atmosphere of any volatile organic compound 

from can coating in excess of the following emission standards: 

 Emission Standard 

Coating Pounds Per Gallon of Coating 

Applied (minus water) 

Kilograms Per Liter of Coating 

Applied (minus water) 

Sheet Basecoat (Exterior & Interior), Overvarnish, or Two-Piece Can 

Exterior (Basecoat and Overvarnish) 

2.8 0.34 

Two- and Three-Piece Interior Body Spray, Two-Piece Can Exterior 

End Coating 

4.2 0.51 

Three-Piece Can Side Seam Spray 5.5 0.66 

End Seal Compound Coating 3.7 0.44 

.05 Coil Coating. 

A. Definition. "Coil coating" means the coating of any flat metal sheet or strip supplied as rolls or coils. 

B. Emission Standards. A person may not cause or permit the discharge into the atmosphere of any VOC from coil coating in 

excess of 2.6 pounds per gallon of coating applied (minus water) (0.31 kilogram/liter of coating applied (minus water)). 

.06 Large Appliance Coating. 

A. Definition. 
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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 equipment (including ranges, ovens, and microwave ovens), 

refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners, and other similar products. 

(b) “Large appliance coating” does not mean the coating of toasters, counter-top grills, and similar small products. 

B. Coating Standard. 

(1) This section does not apply to the use of quick drying lacquers for repair of nicks and scratches that occur during 

assembly. 

(2) A person who uses a large appliance coating installation: 

(a) May not cause or permit the discharge into the atmosphere of any VOC from a large appliance coating installation in 

excess of 2.3 pounds per gallon of coating applied (excluding water) (0.275 kilogram/liter of coating applied (excluding water)); 

or 

(b) Shall use control equipment to achieve an overall VOC emissions reduction of 90 percent or greater from the large 

appliance coating installation at the affected facility. 

(3) A person who complies with §B(2)(a) of this regulation shall use one or more of the following application methods: 

(a) Electrostatic application; 

(b) HVLP spray; 

(c) Flow coat; 

(d) Roller coat; 

(e) Dip coat including electrodeposition; 

(f) Brush coat; or 

(g) Other coating application method that has a transfer efficiency equivalent to or better than that achieved by HVLP 

spraying. 

.07 Paper, Fabric, Film, and Foil Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Coating line" means any number or combination of adhesive, release, or pre-coat coating applicators, flash-off areas, 

and ovens that: 

(a) Coat a continuous web; 

(b) Are located between one or more web unwind or feed stations and one or more rewind or cutting stations; and 

(c) Are used to apply a paper, film, or foil products coating as a continuous layer across any portion of the width of a 

web substrate, to: 

(i) Provide a covering, finish, or functional or protective layer to a substrate; 

(ii) Saturate a substrate for lamination; or 

(iii) Provide adhesion between two substrates for lamination. 

(2) "Coating solids applied" means the solids content of the coated paper, film, or foil products coating as measured by 

EPA Method 24. 

(3) "Fabric coating" means depositing a coating on a textile substrate to enhance strength, stability, water or acid 

repellency, or appearance (such as on rainwear, tents, and industrial items such as gaskets and diaphragms). 

(4) "Flash-off area" means the area between two or more consecutive coating applicators or between a coating applicator 

and a drying oven. 

(5) Paper Coating. 
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(a) "Paper coating" means depositing a coating on paper or pressure sensitive tape (regardless of substrate) and includes 

related web coating processes on plastic film (such as typewriter ribbons, photographic film, and magnetic tapes) and decorative 

coatings on metal foil (such as gift wrap and packaging). 

(b) "Paper coating" does not include sheet-fed paper coating. 

(6) Paper, Film, and Foil Product. 

(a) "Paper, film, and foil product" means any product made from paper, fabric, film, or foil surfaces or substrates 

manufactured for the following industry sectors: 

(i) Pressure sensitive tape and labels, including fabric coated for use in pressure sensitive tapes and labels; 

(ii) Photographic film; 

(iii) Industrial and decorative laminates; 

(iv) Abrasive products, including fabric coated for use in abrasive products; and 

(v) Flexible packaging, including coating of non-woven polymer substrates for use in flexible packaging; and 

(b) "Paper, film, and foil product" includes the following products: 

(i) Corrugated and solid fiber boxes; 

(ii) Die-cut paper, paperboard, and cardboard; 

(iii) Converted paper and paperboard not elsewhere classified; 

(iv) Folding paperboard boxes, including sanitary boxes; 

(v) Manifold business forms and related products; 

(vi) Plastic aseptic packaging; and 

(vii) Carbon paper and inked ribbons. 

(7) Paper, Film, and Foil Product Coating. 

(a) "Paper, film, and foil product coating" means any coating applied to paper or fabric for use in pressure sensitive tapes 

and labels, film, or foil surfaces or substrates during the manufacture of paper, film, and foil products; 

(b) "Paper, film, and foil product coating" includes any coating applied to a substrate used to manufacture paper, film, 

and foil products to: 

(i) Provide a covering, finish, or functional or protective layer to a substrate; 

(ii) Saturate a substrate for lamination; or 

(iii) Provide adhesion between two substrates for lamination. 

(c) "Paper, film, and foil product coating" does not include: 

(i) Any coating applied individually or in a line with any offset lithographic, screen, letterpress, flexographic, 

rotogravure, or digital printing press; or 

(ii) Any coating applied by presses and on machine coaters that function as part of an in-line papermaking system. 

(8) "Pressure sensitive tape and label surface coating" means a paper, film, foil, or fabric coating that is applied to pressure 

sensitive tapes and labels. 

(9) "Sheet-fed paper coating" means a noncontinuous method of paper coating. 

(10) "Ultraviolet curable coating" means an as-applied non-VOC coating consisting of pigments, monomers, oligomers, 

modifiers, and other additives that polymerize upon exposure to an ultraviolet light source. 

(11) "Vinyl coating" means depositing a printing, or decorative or protective topcoat, on vinyl-coated fabric or vinyl sheets. 

B. Applicability. 
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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 atmosphere of any VOC from any installation listed in §C(2) of 

this regulation in excess of the standards in §C(2) of this regulation. 

(2) Coating Standards. 

Coating Installation 

Applicability 

(Pounds of VOC 

per day) 

Pounds of VOC Per Gallon of Coating

As applied minus water) 

Kilograms of VOC Per Liter 

of Coating (As applied minus water)

Web paper 20 2.9 0.35 

Fabric 20 2.9 0.35 

Vinyl 20 3.8 0.45 

Sheet-fed paper 20 2.9 or use ultra violet coating 0.35 

D. Emission Standards for Paper, Film, and Foil Product Coating with VOC Emissions (Potential to Emit) of 25 Tons or 

Greater Per Year. 

(1) A person who meets the applicability level of §B(3) of this regulation shall: 

(a) Use add-on air pollution control equipment to reduce VOCs from the coating line by an overall capture and control 

efficiency of at least 90 percent, by weight; or 

(b) Meet the following emission standard for each coating line installation: 

Paper, Film, and Foil Coating Emission Standard (Ratio) 

lb VOC/ lb solids or kg VOC/kg 

solids 

lb VOC/lb coating or kg VOC/kg 

coating 

Paper, Film, and Foil Coating other than a Pressure Sensitive Tape and 

Label Surface Coating 

0.40 0.08 

Pressure Sensitive Tape and Label Surface Coating 0.20 0.06 

 (2) If air pollution control equipment is used to meet §D(1) of this regulation, the following requirements apply: 

(a) If a thermal oxidizer is used, the combustion zone temperature shall be continuously monitored; 

(b) If a catalytic oxidizer is used, inlet and exhaust gas temperatures shall be continuously monitored; and 

(c) If a carbon adsorption system or other control device is used, the Department shall establish the operating parameters 

to be continuously monitored in the permit to construct authorizing installation of the control device. 

(3) Operational records sufficient to demonstrate compliance with the requirements of this regulation shall be maintained 

on-site as required by Regulation .02F of this chapter. 

.07-1 Control of VOC Emissions from Solid Resin Decorative Surface Manufacturing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Particle plant operation" means a SRDS operation where cured resin sheets are pulverized into particles to be used in 

the manufacture of decorative surfaces. 

(2) "Related operations" means a VOC emitting installation located at a solid resin decorative surface manufacturing 

facility other than a particle plant operation, shaped goods plant, SRDS operation, or high pressure laminate (HPL) operation. 
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(3) "Shaped goods plant" means a process in which resins are mixed with a catalyst and other ingredients, shaped into a 

mold, and cured to produce a shaped product such as a sink. 

(4) "Solid resin decorative surface (SRDS) operation" means a process where resins are mixed with a catalyst and other 

ingredients, formed into a sheet, and cured. 

B. Applicability. This regulation applies to a person who owns or operates a solid resin decorative surface manufacturing 

facility that is a major stationary source of VOC. 

C. General Requirements for SRDS Operations. A person who owns or operates an SRDS operation subject to this regulation 

shall: 

(1) Vent the curing oven exhaust at each SRDS operation into a VOC control system consisting of a condenser and carbon 

adsorber unit, or other control system that is maintained and operated to reduce VOC emissions from the curing oven exhaust by 

75 percent or more; and 

(2) Take all reasonable precautions to minimize VOC emissions from the SRDS operation mixing vessels and storage tanks 

including: 

(a) The use of covers on mixers to minimize evaporative losses except when adding or emptying materials, 

(b) Operator training in procedures to minimize spills and evaporative losses during the mixing and transferring of VOC 

containing materials, 

(c) Implementing programs to minimize the quantity of VOC-based materials used to clean lines or equipment, 

(d) Storing VOC-contaminated cloth or paper in closed containers, and 

(e) Implementing an effective leak inspection and maintenance program that includes monthly inspections of equipment 

such as storage tanks, process equipment, pumps, compressors, valves, flanges, and other pipe fittings for leaks. 

D. General Requirements for Particle Plant Operations. A person who owns or operates a particle plant operation subject to 

this regulation shall: 

(1) Vent the curing oven exhaust at each particle plant operation into a VOC control system consisting of a carbon adsorber 

unit or other control system that is maintained and operated to reduce VOC emissions from the curing oven exhaust by 75 percent

or more; and 

(2) Take all reasonable precautions to minimize VOC emissions from the particle plant operation mixing vessels and 

storage tanks as specified in §C(2) of this regulation for SRDS operations. 

E. General Requirements for Shaped Goods Plants. A person who owns or operates a shaped goods plant subject to this 

regulation shall take all reasonable precautions to minimize VOC emissions as specified in §C(2) of this regulation for SRDS 

operations. 

F. General Requirements For Related Operations. A person who owns or operates related operations subject to this regulation 

shall reduce VOC emissions by taking all reasonable precautions as specified in §C(2) of this regulation for SRDS operations. 

G. Additional Requirements for VOC Storage Tanks. 

Raw material storage tanks containing VOC or VOC-containing materials shall be equipped with vapor balance lines or 

conservation vents to minimize working and breathing losses. 

H. Reporting and Record-Keeping Requirements. Reporting and record-keeping requirements for affected sources are 

established in the source's permit to operate. 

.07-2 Plastic Parts and Business Machines Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) “Business machine” means a device that uses electronic or mechanical methods to process information, perform 

calculations, print or copy information, or convert sound into electrical impulses for transmission, such as: 

(a) Products classified as typewriters under SIC Code 3572; 

(b) Products classified as electronic computing devices under SIC Code 3573; 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 09, 2012 

(c) Products classified as calculating and accounting machines under SIC Code 3574; 

(d) Products classified as telephone and telegraph equipment under SIC Code 3661; 

(e) Products classified as office machines, not elsewhere classified, under SIC Code 3579; and 

(f) Photocopy machines, a subcategory of products classified as photographic equipment under SIC code 3861. 

(2) “Business machine coating” means a coating applied to a business machine. 

(3) “Electric dissipating coating” means a coating that rapidly dissipates a high voltage electric charge. 

(4) Extreme Performance Coating. 

(a)”Extreme performance coating” means a coating used on a plastic surface where the coated surface is, in its intended 

use, subject to the following: 

(i) Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or 

solutions; 

(ii) Repeated exposure to temperatures in excess of 250°F; or 

(iii) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, 

cleansers, or scouring agents. 

(b) “Extreme performance coating” includes, but is not limited to, coatings applied to locomotives, railroad cars, farm 

machinery, and heavy duty trucks. 

(5) “Fog coating”, also known as mist coating and uniforming, means a thin coating of 0.5 mils or less applied to plastic 

parts that have molded-in color or texture, or both, to improve color uniformity. 

(6) “Metallic coating” means a coating which contains more than 5 grams of metal particles per liter of coating, as applied. 

(7) “Military specification coating” means a coating which has a formulation approved by a United States Military Agency 

or Service for use on military equipment. 

(8) “Mold seal coating” means the initial coating applied to a new mold or a repaired mold to provide a smooth surface 

which, when coated with a mold release coating, prevents products from sticking to the mold. 

(9) “Multi-colored coating” means a coating which exhibits more than one color when applied, and which is packaged in a 

single container and applied in a single coat. 

(10) “Multi–component coating” means a coating requiring the addition of a separate reactive resin, commonly known as a 

catalyst or hardener, before application to form an acceptable dry film. 

(11) “One-component coating” means a coating that is ready for application as it comes out of its container to form an 

acceptable dry film, except for the addition of a thinner to reduce the viscosity. 

(12) “Optical coating” means a coating applied to an optical lens. 

(13) “Plastic part” means a product made out of a plastic substrate other than vinyl. 

(14) “Plastic part coating” means a coating applied to a plastic part. 

(15) “Prime coat” means the initial coat applied to a part when more than one coating is applied, not including conductive 

sensitizers or electromagnetic interference/radio frequency interference (EMI/RFI) shielding coatings. 

(16) “Shock-free coating” means a coating having characteristics of low capacitance, high resistance, and resistance to 

breaking down under high voltage, which are applied to electrical components to protect the user from electric shock. 

(17) “Standard Industrial Classification Code (SIC Code)” means a code for classifying types of businesses found in the 

Standard Industrial Classification Manual, 1987, prepared by the Executive Office of the President, Office of Management and 

Budget. 

(18) Texture Coat. 

(a) “Texture coat” means a coating which, after application and in its finished form, is characterized by discrete, raised 

spots on the exterior surface of the coated part. 
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(b) “Texture coat” does not include conductive sensitizers or EMI/RFI shielding coatings. 

(19) Touch-Up and Repair Coat. 

(a) “Touch-up and repair coat” means: 

(i) A coat applied to correct any imperfections in the finish after color or texture coats have been applied; or 

(ii) A coat used to re-coat portions of a previously coated product which has sustained mechanical damage to the 

coating following normal coating operations. 

(b) “Touch-up and repair coat” does not include conductive sensitizers or EMI/RFI shielding coatings. 

(20) “Vacuum-metalizing coatings” means topcoats and basecoats that are used in the vacuum-metalizing process. 

(21) “Vacuum metalizing process” means a process of evaporating metals inside a vacuum chamber which then bonds to 

the desired substrate to achieve a uniform metalized layer. 

B. Standards for Coating Installations. 

(1) A person may not cause or permit the discharge into the atmosphere of any VOC from any installation listed in §B(2), 

(3), and (4) of this regulation in excess of the standards in §B(2), (3), and (4) of this regulation. 

(2) Plastic Parts Coating Standards. 

Coating 

Installation 

Applicability 

(Pounds of VOC

per day) 

Pounds of VOC 

Per Gallon of 

Coating 

(As applied 

minus water) 

Kilograms of

VOC Per Liter

of Coating 

(As applied

minus water) 

Decorative coating of other plastic parts 20 5.9 0.70 

General, one-component 15 2.3 0.28 

General, multi-component 15 3.5 0.42 

Electric dissipating coatings and shock-free coatings 15 6.7 0.80 

Extreme performance 15 3.5 0.42 

Metallic 15 3.5 0.42 

Military specification, one-component 15 2.8 0.34 

Military specification, multi-component 15 3.5 0.42 

Mold seal 15 6.3 0.76 

Multi-colored coatings 15 5.7 0.68 

Optical coatings 15 6.7 0.80 

Plastic vehicle parts 20 3.0 0.36 

Vacuum-metalizing 15 6.7 0.80 

Vinyl 20 3.8 0.45 
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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, plastic, 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 coating 

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. 
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(1) Cold Degreasing. 

(a) "Cold degreasing" means, except as provided in §B(1)(c) of this regulation, the use of degreasing material at ambient 

temperature or any temperatures below the boiling point of the degreasing material to remove grease from metal. 

(b) "Cold degreasing" includes the use of degreasing material that removes grease from metal, but also leaves a residue 

on the metal for anticorrosion or other protective purposes. 

(c) "Cold degreasing" does not include industrial wiping operations, cleaning of electronic assemblies, stripping or 

industrial coating removal systems used to remove propellants, paints, or other previously applied coatings other than grease from 

metal. 

(2) "Degreasing material" means any substance used to remove grease from metal. 

(3) "Grease" includes wax, oil, grease, and other similar substances. 

(4) Halogenated Substance. 

(a) "Halogenated substance" means, except as provided in Regulation §B(4)(b) of this regulation, a substance containing 

chlorine, fluorine, or bromine. 

(b) "Halogenated substance" does not include a substance that contains only trace quantities of chlorine, fluorine, or 

bromine that result from the degreasing of metal. 

(5) "Vapor degreasing" means the application of heat to vaporize degreasing material in which the resulting vapors are used 

to remove grease from metal. 

(6) "VOC degreasing material" means any degreasing material, including water-based degreasing material, that contains 5 

percent or more VOC. 

C. Applicability. This regulation applies to a person who uses a VOC degreasing material for use in cold or vapor degreasing, 

including cold or vapor degreasing at: 

(1) Service stations; 

(2) Motor vehicle repair shops; 

(3) Automobile dealerships; 

(4) Machine shops; and 

(5) Any other metal refinishing, cleaning, repair, or fabrication facility. 

D. Requirements and Specifications for Cold Degreasing. 

(1) During the time periods specified in §D(2) of this regulation, a person may not use any VOC degreasing material in cold 

degreasing that does not conform to the specifications in §D(2) of this regulation. 

(2) A person may not use any VOC degreasing material that exceeds the following vapor pressure: 

(a) Before May 15, 1996: 2 mm Hg at 20°C (0.038 psia); 

(b) On and after May 15, 1996: 1 mm Hg at 20°C (0.019 psia). 

(3) Good Operating Practices. 

(a) A person subject to this regulation shall implement good operating practices to minimize spills and evaporation of 

VOC degreasing material. 

(b) Good operating practices shall include covers (including water covers), lids, or other methods of minimizing 

evaporative losses, and reducing the time and frequency during which parts are cleaned. 

(c) Good operating practices shall be established in writing, and displayed so they are clearly visible to the operator. 

(d) The written good operating practices shall be maintained at the facility and made available for review by the 

Department upon request. 

(4) A person subject to this regulation may not use a halogenated substance that is a VOC in any cold degreasing. 
DEPARTMENT OF THE ENVIRONMENT 

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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 control efficiency of not less than 90 percent. 

(2) Vapor degreasing shall include separate enclosed chambers that allow draining of the parts being cleaned, capture of the 

vapors, or other procedures or methods to minimize evaporative losses of degreasing material. 

F. Records. A person who is subject to §E(1) of this regulation shall maintain monthly records of the total VOC degreasing 

material used and make the records available to the Department upon request. 

.09-1 Control of VOC Emissions from Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Electrical and Electronic Components. 

(a) "Electrical and electronic components" means components and assemblies of components, wires, windings, stators, 

rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, 

capacitors, and transistors that generate, convert, transmit, or modify electrical energy. 

(b) "Electrical and electronic components" does not include the cabinets in which electrical and electronic components 

are housed. 

(2) "High precision optic" means an optical element used in an electro-optical device and is designed to sense, detect, or 

transmit light energy, including specific wavelengths of light energy and changes in light energy levels. 

(3) Janitorial Cleaning. 

(a) "Janitorial cleaning" means the cleaning of building or facility components, including but not limited to floors, 

ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of office equipment. 

(b) "Janitorial cleaning" includes graffiti removal. 

(c) "Janitorial cleaning" does not include the cleaning of work areas where manufacturing or repair activity is performed. 

(4) "Numismatic die" means a metal stamping tool engraved with the negative of a design from which the positive image is 

transferred to coin blanks during minting. 

(5) "Pharmaceutical product" means a product that includes any drug, analgesic, decongestant, antihistamine, cough 

suppressant, vitamin, mineral, or herb supplement intended for human or animal consumption and used to cure, mitigate, or treat

disease, or improve or enhance health. 

(6) Industrial Solvent Cleaning Operation. 

(a) "Industrial solvent cleaning operation" means an operation that is performed using a liquid that contains any volatile 

organic compound, or combination of volatile organic compounds, which is used to clean parts, products, tools, machinery, 

equipment, and general work areas. 

(b) "Industrial solvent cleaning operation" does not include: 

(i) The use of a VOC degreasing material for cold degreasing or vapor degreasing subject to Regulation .09 of this 

chapter; 

(ii) Cleaning operations at sources subject to any other VOC regulations in this subtitle; 

(iii) Cleaning of electrical and electronic components; 

(iv) Cleaning of high precision optics; 

(v) Cleaning of numismatic dies; 

(vi) Stripping; 

(vii) Janitorial cleaning; 

(viii) Cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment; 
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(ix) Cleaning operations in research and development laboratories; 

(x) Cleaning operations in medical device or pharmaceutical manufacturing; and 

(xi) Cleaning operations related to performance or quality assurance testing of coatings, inks, or adhesives. 

(7) Stripping. 

(a) "Stripping" means the removal of cured coatings, inks, adhesives, maskants, or other previously applied coatings. 

(b) "Stripping" does not include the removal of grease from metal. 

B. Applicability. This regulation applies to a person who owns or operates an industrial solvent cleaning operation where the 

total VOC emissions from the industrial solvent cleaning operation at a premises are 15 pounds or more per day (6.8 kg/day), 

before consideration of controls. 

C. Requirements for Industrial Cleaning Operations. A person may not use any cleaning material in an industrial solvent 

cleaning operation unless the vapor pressure of the cleaning solution is less than or equal to 8 mm Hg at 20°C (` 0.152 psia). 

D. Records. A person using cleaning material in an industrial solvent cleaning operation shall maintain monthly records of the 

total solvent material used and make the records available to the Department upon request. 

E. Compliance Procedures and Test Methods. The composite vapor pressure of solvent cleaning material shall be determined 

in accordance with the requirements under Regulation .02C of this chapter. 

.10 Flexographic and Rotogravure Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Flexography" means to use an elastomeric cylinder or an elastomeric surface of revolution with raised areas to transfer 

ink as a method of printing. 

(2) "Packaging rotogravure" means to use a cylinder or other surface of revolution with contoured recesses on the surface to 

transfer ink as a method of printing on a substrate that subsequent operations turn into a container or into labels for objects. 

(3) "Publication rotogravure" means to use a cylinder or other surface of revolution with contoured recesses on the surface 

to transfer ink as a method of printing on a substrate that subsequent operations turn into books, magazines, newsletters, and 

similar products. 

B. Applicability and Exemptions. 

(1) A person subject to this regulation who applies a clear protective coating over the printed matter shall include emissions 

from the clear coating when determining compliance with the requirements of this regulation. 

(2) The provisions of this regulation do not apply to printing on fabric, metal, plastic, or to flexible package printing subject 

to COMAR 26.11.19.10-1. 

C. Requirements for Sheet-Fed or Web-Fed Flexographic, Packaging Rotogravure, and Publication Rotogravure Printing. A 

person who owns or operates a printing press that uses flexographic, packaging rotogravure, or publication rotogravure methods 

and is a major stationary source as defined in Regulation .01B(4) of this chapter, shall: 

(1) Reduce emissions by using water-based inks that contain less than 25 percent VOC by volume of the volatile portion of 

the ink, or high solids inks that contain not less than 60 percent by weight nonvolatiles; or 

(2) If compliance with the requirements of §C(1) of this regulation cannot be achieved, reduce the VOC content of each 

ink, or reduce the average VOC content of inks used at each press, as follows: 

(a) 60 percent reduction for flexographic presses; 

(b) 65 percent reduction for packaging rotogravure presses; and 

(c) 75 percent reduction for publication rotogravure presses. 

.10-1 Flexible Packaging Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) Flexible Packaging. 
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(a) "Flexible packaging" means any package or part of a package the shape of which can be readily changed, including 

but not limited to: 

(i) Bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or 

any combination of these materials; and 

(ii) Shrink-wrap labels or wrappers printed on a printing press or in-line with a flexible package printing, coating, and 

laminating operation. 

(b) "Flexible packaging" does not include self-adhesive labels, folding cartons, gift wraps, wall coverings, vinyl 

products, decorative laminates, floor coverings, and tissue products. 

(2) "Flexible packaging coatings" means inks, coatings, and adhesives applied to flexible packaging using a flexible 

package printing installation. 

(3) "Flexible packaging printing" means to use a flexographic or rotogravure press to print on flexible packaging. 

(4) "Flexible packaging printing line" means a flexographic or rotogravure press and all equipment associated therewith to 

print on flexible packaging. 

B. Applicability. A person who owns or operates a flexible packaging printing line is exempt from §D of this regulation if a 

permit issued by the Department limits the potential to emit VOC emissions from the flexible packaging printing line to less than 

25 tons per year. 

C. Emission Standards and Requirements for Major Stationary Sources that Perform Flexible Packaging Printing. A person 

who owns or operates a printing press that uses flexographic, packaging rotogravure, or publication rotogravure methods for 

flexible packaging printing and is a major stationary source as defined in Regulation .01B(4) of this chapter, shall: 

(1) Reduce emissions by using water-based inks that contain less than 25 percent VOC by volume of the volatile portion of 

the ink, or high solids inks that contain not less than 60 percent nonvolatiles; or 

(2) If compliance with the requirements of §C(1) of this regulation cannot be achieved, reduce the VOC content of each 

ink, or reduce the average VOC content of inks used at each press, as follows: 

(a) 60 percent reduction for flexographic presses; 

(b) 65 percent reduction for packaging rotogravure presses; and 

(c) 75 percent reduction for publication rotogravure presses. 

D. Additional Emission Standards and Requirements. A person who owns or operates a flexible packaging printing line with 

the potential to emit VOC of 25 tons or more per year shall comply with the additional emissions standards of this section by: 

(1) Limiting the VOC content of each flexible packaging coating or limiting the average VOC content of flexible packaging 

coatings of the line to not more than: 

(a) 0.8 lb VOC/lb or kg VOC/kg solids applied; or 

(b) 0.16 lb VOC/lb or kg VOC/kg materials applied; or 

(2) Venting the dryer exhaust of the line through a control device that is constructed, operated, and maintained to achieve 

an overall control efficiency of: 

Overall Control for Efficiency of Flexible 

Packaging Printing Line (%) 

Flexible Packaging Printing Line First Installation 

Date (For Each Line) 

Air Pollution Control Device First 

Installation Date 

(1) 65 Prior to March 14, 1995 Prior to July 1, 2009 

(2) 70 Prior to March 14, 1995 On or After July 1, 2009 

(3) 75 On or After March 14, 1995 Prior to July 1, 2009 

(4) 80 On or After March 14, 1995 On or After July 1, 2009 

.11 Lithographic and Letterpress Printing. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 
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(1) "Alcohol" means an organic compound in which a hydroxyl group is bound to a carbon atom of an alkyl or substituted 

alkyl group and having the general formula CnH(2n+1)OH. 

(2) "Alcohol substitute" means a material used in a fountain solution in place of alcohol. 

(3) "Cleaning solution" means a mixture of water, chemicals, and/or additives used for cleaning blanket, roller, plate, 

metering roller, impression cylinder, rubber rejuvenators, press, press parts, or to remove dried ink from areas around a press. 

(4) "Fountain solution" means a mixture of water, chemicals, and additives which reduces the surface tension of the water 

and wets the non-image areas so that the ink is maintained within the image areas. 

(5) “Heatset" means any operation in which heat is required to evaporate ink oils from the printing ink, excluding 

ultraviolet (UV) and electron beam curing. 

(6) "Letterpress printing" means printing using raised image transfer elements fixed upon a metal backing. 

(7) "Lithographic printing" means printing by the transfer of patterns or images from a material processed to selectively 

absorb ink and water. 

(8) "Sheet-fed printing" means a printing operation in which individual sheets of substrate are fed to the press sequentially. 

(9) "Web printing" means a continuous printing operation in which a roll of paper is used as the printing substrate. 

B. Exemptions. 

(1) Printing on fabric, metal, or plastic is exempt from this regulation. 

(2) Heatset presses used for book printing and heatset presses with a maximum web width of 22 inches are exempt from §E 

of this regulation. 

(3) VOC emissions from materials used to clean printing equipment are excluded when determining the applicability of §D 

of this regulation. 

C. Requirements for Sheet-Fed Lithographic Printing Press. A person may not operate a sheet-fed lithographic printing press 

with a cylinder width of 18 inches or greater or with a sheet size greater than 11 inches by 17 inches where the fountain solution 

contains alcohol unless: 

(1) The fountain solution is refrigerated to maintain a temperature of less than 55oF; 

(2) A temperature indicator is used to monitor the fountain solution temperature; and 

(3) The fountain solution contains less than 8.5 percent alcohol by weight. 

D. Requirements for Lithographic Web Printing. 

(1) A person who owns or operates a non-heatset lithographic web printing press shall use a fountain solution which: 

(a) Is limited to no more than 5 percent VOC content by weight as applied; and 

(b) Does not contain alcohol. 

(2) A person who owns or operates a heatset lithographic web printing press located at a premises from which the actual 

VOC emissions from all lithographic web printing presses are less than 100 pounds per day shall use a fountain solution which: 

(a) Is limited to no more than 5 percent VOC content by weight as applied; and 

(b) Does not contain alcohol. 

(3) A person who owns or operates a heatset lithographic web printing press located at a premises from which the actual 

VOC emissions from all lithographic web printing presses are 100 pounds or more per day shall: 

(a) Use a fountain solution that meets the requirements of §D(2)(a) and (b) of this regulation; and 

(b) Operate the press only if the dryer exhaust is ducted to an air pollution control device (APCD) that is constructed, 

operated, and maintained to achieve an overall VOC control efficiency of 90 percent or more. 

E. Requirements for Heatset Lithographic Presses and Heatset Letterpresses with a Potential to Emit 25 Tons or More per 

Year. A person who owns or operates a heatset lithographic press or heatset letterpress with a potential to emit VOC of 25 tons or 

more per year prior to controls shall operate the press only if the dryer associated with the press is: 
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(1) Constructed, operated, and maintained at a negative pressure relative to the press room; and 

(2) Ducted to an APCD that has: 

(a) An outlet VOC concentration of 20 parts per million by volume (expressed as hexane on a dry basis) or less; or 

(b) An overall VOC control efficiency of: 

(i) 90 percent or more if the APCD was installed before January 1, 2012; or 

(ii) 95 percent or more if the APCD was installed on or after January 1, 2012. 

F. Requirements for Cleaning Materials. 

(1) A person who owns or operates a lithographic press or letterpress shall comply with this section. 

(2) A person subject to this regulation may use up to a total of 110 gallons per calendar year of cleaning solutions at a 

premises without regard to VOC content. 

(3) A person subject to this regulation that uses any cleaning solution at a premises excluding the 110 gallons per calendar 

year specified in §F(2) shall ensure that the additional cleaning solution: 

(a) Has a composite vapor pressure of less than 10 mm of mercury at 68o F (20oC); or 

(b) Contains less than 70 percent VOC by weight. 

G. Control Device Testing. 

(1) A control device shall be tested in accordance with the requirements of COMAR 26.11.19.02; and 

(2) The negative dryer pressure and 100 percent emissions capture efficiency may be demonstrated using an air flow 

direction indicator, such as a smoke stick, aluminum ribbons, or differential pressure gauge. 

H. Record keeping. A person subject to this regulation shall maintain records on site including the following information: 

(1) The fountain solution formulations; 

(2) The VOC content, in percent VOC by weight, of the fountain solutions; 

(3) The temperature of the press fountain solutions for lithographic printing presses using alcohol in the fountain solution; 

and 

(4) The quantity of cleaning solutions used and their vapor pressure or percentage VOC concentration by weight. 

.12 Dry Cleaning Installations. 

A. Definitions. 

(1) "Dry cleaning installation" means an installation engaged in the cleaning of fabrics by means of one or more washes in 

VOC, extraction of excess VOC by spinning, and drying by tumbling in an airstream. The installation includes all washers, 

dryers, filter and purification systems, waste disposal systems, holding tanks, pumps, and attendant plumbing located at a single 

premises. 

(2) "Petroleum solvent" means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 

12 carbon atoms per organic molecule that exists as a liquid under standard conditions. 

B. Applicability and Exemptions. 

(1) An existing petroleum solvent dry cleaning installation or a petroleum solvent dry cleaning installation that receives a 

permit to construct from the Department before January 1, 1989, is exempt from the requirements of §C(1) of this regulation if the 

total petroleum solvent consumed in each calendar year is less than 6,000 gallons (22,712 liters). 

(2) A person who is exempt from the requirements of §C(1) of this regulation in accordance with the conditions in §B(1) of 

this regulation is subject to §C(2) of this regulation. 

C. Equipment Specifications and Emission Standards--Petroleum Solvent Dry Cleaning Installations. 

(1) A person may not construct or operate a petroleum solvent dry cleaning installation after January 1, 1989, unless the 

installation shows compliance by demonstrating that VOC emissions are not greater than 3.5 kilograms per 100 kilograms dry 

weight of clothing or is equipped with a recovery dryer that is capable of reducing VOC emissions by 90 percent by weight. 
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(2) A person who owns or operates a petroleum solvent dry cleaning installation that consumes less than 6,000 gallons 

(22,712 liters) in a calendar year shall submit semiannual reports on forms provided by the Department on or before the 30th of 

January and July of each year starting with July 30, 1990. Each report shall indicate the gallons of petroleum solvent purchased 

during the 6-month period. The report shall also include the gallons of petroleum solvent in inventory at the beginning and end of 

each 6-month period. 

(3) A person who owns or operates a petroleum solvent dry cleaning installation subject to this regulation shall: 

(a) Immediately repair all components found to be leaking liquid or vaporous solvent. If new parts are required, order the 

parts within 3 working days of the discovery of a leak, and repair the leak within 3 working days of the arrival of the needed part 

or parts. 

(b) Treat all diatomaceous earth filters so that the filter muck contains not more than 67 percent of VOC by weight. 

(c) Reduce the VOC content of still bottoms to 35 percent or less by weight. 

(d) Drain all filtration cartridges in the filter housing for at least 12 hours before discarding the cartridges. 

D. Determination of Compliance—Petroleum Solvent Dry Cleaning Installations. 

(1) A petroleum solvent recovery dryer shall be operated in a manner such that the dryer remains closed and the recovery 

phase continues until a final recovered solvent flow rate of 50 milliliters or less per minute is attained. To make this 

determination, a one-time test shall be conducted for a duration of not less than 2 weeks during which not less than 50 percent of 

the dryer loads shall be monitored for their final recovered solvent flow rate. The suggested point for measuring the flow rate of 

recovered solvent is from the solvent-water separator. Near the end of the recovery cycle, the flow of recovered solvent should be 

diverted to a graduated cylinder. The cycle should continue until the maximum flow of solvent is 50 milliliters per minute. The

type of articles cleaned and the total length of the cycle shall then be recorded. Based on the type of articles cleaned and the 

results of the test, the drying time shall be maintained at a cycle which produces compliance with the 50 milliliter per minute

standard. 

(2) Compliance with the requirements of §C(3)(a) of this regulation shall be determined by means of weekly visual 

inspection documented through record keeping for the following components: 

(a) Hose connections, unions, couplings, and valves; 

(b) Machine door gaskets and seatings; 

(c) Filter head gaskets and seatings; 

(d) Pumps; 

(e) Base tanks and storage containers; 

(f) Water separators; 

(g) Filter sludge recovery; 

(h) Distillation unit; 

(i) Diverter valves; 

(j) Saturated lint from lint basket; and 

(k) Cartridge filters. 

(3) Compliance with the requirements of §C(3)(b) and (c) of this regulation shall be determined using Method 1002 of the 

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

1991), which is incorporated by reference in COMAR 26.11.01.04C. The number of filter cartridges and total mass of filter muck 

in those cartridges when they are discarded shall be recorded. 

(4) Compliance with the requirements of §C(1) of this regulation shall be determined by calculating, recording, and 

reporting the weight of volatile organic compounds vented from the dryer emission control device calculated using Method 25A 

of Appendix A of the Department's Technical Memorandum 91-01, "Test Methods and Equipment Specifications for Stationary 

Sources" (January 1991), which is incorporated by reference in COMAR 26.11.01.04C. 
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.13 Drum and Pail Coating. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) “Drum” means any cylindrical metal container with a capacity of greater than 12 gallons and up to 110 gallons (45 to 

416 liters). 

(2) “Pail” means any cylindrical metal container of 5 to 12 gallons (19 to 45 liters) capacity and constructed of 29 gauge or 

heavier material. 

(3) “Reconditioned Drums or Pails” means any metal drum or pail which is reused, recycled or remanufactured. 

B. Applicability and Exemptions. 

(1) This regulation applies to any drum or pail coating operations at a premises where the total VOC emissions exceed 15 

pounds (6.8 kilograms) per day. 

(2) This regulation does not apply to coatings applied using a hand-held, pressurized, non-refillable container which expels 

coatings from the container in a finely divided spray when a valve on the container is depressed: 

(a) To recoat portions of a previously coated product which has sustained mechanical damage to the coating following 

normal painting operation; or 

(b) To cover minor coating imperfections appearing after the main coating operation. 

C. Emission Standards. A person subject to this regulation may not exceed the applicable VOC emission standards of the 

following table: 

Coating Types 

Pounds Per Gallon

of Coating Applied

(Minus Water) 

Kilograms Per Liter 

of Coating Applied 

(Minus Water) 

Drum or Pail Coating, New, Exterior 2.8 0.34 

Drum or Pail Coating, New, Interior 3.5 0.42 

Drum or Pail Coating, Reconditioned, Exterior 3.5 0.42 

Drum or Pail Coating, Reconditioned, Interior 4.2 0.50 

D. Application Methods. 

(1) Except as provided in §D(2), a person subject to the requirements of this regulation shall use the following application 

methods: 

(a) Electrostatic application; 

(b) HVLP spray; 

(c) Flow coat; 

(d) Roller coat; 

(e) Dip coat including electrodeposition; 

(f) Brush coat; or 

(g) A coating application method capable of achieving a transfer efficiency equivalent or better than that achieved by 

HVLP spraying. 

(2) The application requirements of §D(1) do not apply to the following drum or pail coating operations: 

(a) Coatings applied in order to recoat portions of a previously coated product which has sustained mechanical damage to 

the coating following normal painting operation; or 

(b) Coatings applied in order to cover minor coating imperfections appearing after the main coating operation. 
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.13-1 Aerospace Coating Operations. 

A. Applicability and Exemptions. 

(1) This regulation applies to an aerospace coating operation at a premises where the total actual VOC emissions from all 

aerospace coating operations is 20 pounds or more per day. 

(2) The standards in §C(2) of this regulation do not apply to tooling and touch up and repair operations. 

(3) A person subject to the standards in §C(2) of this regulation may comply with those standards by using an air pollution 

control device (see Regulation .02B(2)(b) of this chapter). 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Ablative coating" means a coating that chars when exposed to open flame or extreme temperatures, as would occur 

during the failure of an engine casing or during aerodynamic heating, and serves as an insulative barrier, protecting adjacent 

components from the heat or open flame. 

(2) "Adhesion promoter" means a thin coating applied to a substrate to: 

(a) Promote wetting; and 

(b) Form a chemical bond with the subsequently applied material. 

(3) Adhesive Bonding Primer. 

(a) "Adhesive bonding primer" means a primer applied in a thin film to aerospace components for the purpose of 

corrosion inhibition and increased adhesive bond strength by attachment. 

(b) "Adhesive bonding primers" include the following categories: 

(i) Primers with a design cure at 250°F or below; and 

(ii) Primers with a design cure above 250°F. 

(4) Aerospace Vehicle or Component. 

(a) "Aerospace vehicle or component" means any fabricated part, processed part, assembly of parts, or completed unit of 

any aircraft. 

(b) "Aerospace vehicle or component" includes: 

(i) Airplanes; 

(ii) Helicopters; 

(iii) Missiles; 

(iv) Rockets; and 

(v) Space vehicles. 

(c) "Aerospace vehicle or component" does not include electronic components. 

(5) "Antichafe coating" means a coating applied to areas of moving aerospace components that may rub during normal 

operations or installation. 

(6) Bearing Coating. 

(a) "Bearing coating" means a coating applied to an antifriction bearing, a bearing housing, or the area adjacent to a 

bearing in order to facilitate bearing function or to protect base material from excessive wear. 

(b) "Bearing coating" does not include a dry lubricative material or a solid film lubricant. 

(7) "Bonding maskant" means a temporary coating used to protect selected areas of aerospace parts from strong acid or 

alkaline solutions during processing for bonding. 

(8) Caulking and Smoothing Compounds. 

(a) "Caulking and smoothing compounds" means semi-solid materials which are: 

(i) Applied by hand application methods; and 
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(ii) Used to aerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses. 

(b) "Caulking and smoothing compounds" does not include compounds that can be classified as sealants. 

(9) "Chemical agent-resistant coating (CARC)" means an exterior topcoat designed to withstand exposure to chemical 

warfare agents or the decontaminants used on these agents. 

(10) Chemical Milling Maskant. 

(a) "Chemical milling maskant" means a coating that is applied directly to aluminum components to protect surface areas 

when chemically milling the component with a Type II etchant. 

(b) "Chemical milling maskant" does not include: 

(i) Maskants used with Type I etchants, bonding maskants, line sealers, and critical use and seal coat maskants; or 

(ii) Maskants that must be used on an individual part or subassembly with a combination of Type II etchants and any 

of the types of maskants listed in §B(10)(b)(i) of this regulation. 

(11) "Clear coating" means a transparent coating usually applied over a colored opaque coating, metallic substrate, or 

placard to give improved gloss and protection to the color coat. 

(12) "Commercial exterior aerodynamic structure primer" means a primer used on aerodynamic components and structures 

that protrude from the fuselage, such as wings and attached components, control surfaces, horizontal stabilizers, vertical fins, 

wing-to-body fairings, antennae, and landing gear and doors, for the purpose of extended corrosion protection and enhanced 

adhesion. 

(13) "Commercial interior adhesive" means materials used in the bonding of passenger cabin interior components that meet 

the Federal Aviation Administration (FAA) fireworthiness requirements. 

(14) Compatible Substrate Primer. 

(a) "Compatible substrate primer" means a compatible epoxy primer that is: 

(i) Compatible with the filled elastomeric coating and is epoxy based; and 

(ii) An epoxy polyamide primer used to promote adhesion of elastomeric coatings such as impact-resistant coatings. 

(b) "Compatible substrate primer" means an adhesive primer coating that inhibits corrosion and serves as a primer 

applied to: 

(i) Bare metal surfaces or before adhesive application; or 

(ii) Surfaces that can be expected to contain fuel. 

(c) "Compatible substrate primer" does not include fuel tank coatings. 

(15) Corrosion Prevention System. 

(a) "Corrosion prevention system" means a coating system that provides corrosion protection by displacing water and 

penetrating mating surfaces, forming a protective barrier between the metal surface and moisture. 

(b) "Corrosion prevention system" does not include coatings containing oils or waxes. 

(16) Critical Use and Line Sealer Maskant. 

(a) "Critical use and line sealer maskant" means a temporary coating, not covered under other maskant categories, used 

to protect selected areas of aerospace parts from strong acid or alkaline solutions such as those used in anodizing, plating, 

chemical milling and processing of magnesium, titanium, or high-strength steel, high-precision aluminum chemical milling of 

deep cuts, and aluminum chemical milling of complex shapes. 

(b) "Critical use and line sealer maskant" includes materials used for repairs or to bridge gaps left by scribing operations 

(that is, line sealer). 

(17) "Cryogenic flexible primer" means a primer designed to provide corrosion resistance, flexibility, and adhesion of 

subsequent coating systems when exposed to loads up to and surpassing the yield point of the substrate at cryogenic temperatures 

(-275°F and below). 
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(18) "Cryoprotective coating" means a coating that insulates cryogenic or subcooled surfaces to limit propellant boil-off, 

maintain structural integrity of metallic structures during ascent or re-entry, and prevent ice formation. 

(19) Cyanoacrylate Adhesive. 

(a) "Cyanoacrylate adhesive" means a fast-setting, single component adhesive that cures at room temperature. 

(b) "Cyanoacrylate adhesive" is also known as "super glue." 

(20) "Dry lubricative material" means a coating consisting of lauric acid, cetyl alcohol, waxes, or other noncross linked or 

resin-bound materials that act as a dry lubricant. 

(21) Electric or Radiation-Effect Coating. 

(a) "Electric or radiation-effect coating" means a coating or coating system engineered to interact, through absorption or 

reflection, with specific regions of the electromagnetic energy spectrum, such as the ultraviolet, visible, infrared, or microwave 

regions to be used for lightning strike protection, electromagnetic pulse (EMP) protection, and radar avoidance. 

(b) "Electric or radiation-effect coating" does not include coatings that have been designated as "classified" by the 

Department of Defense. 

(22) "Electrostatic discharge and electromagnetic interference (EMI) coating" means a coating applied to space vehicles, 

missiles, aircraft radomes, and helicopter blades to disperse static energy or reduce electromagnetic interference. 

(23) "Elevated-temperature Skydrol-resistant commercial primer" means a primer applied primarily to commercial aircraft 

(or commercial aircraft adapted for military use) that must withstand immersion in phosphate-ester (PE) hydraulic fluid (Skydrol 

500b or equivalent) at the elevated temperature of 150(F for 1,000 hours. 

(24) "Epoxy polyamide topcoat" means a coating used where harder films are required or in some areas where engraving is 

accomplished in camouflage colors. 

(24-1) "Exterior primer" means the first layer and any subsequent layers of identically formulated coating applied to the 

exterior surface of an aerospace vehicle or component used on the exterior of the aerospace vehicle. 

(25) "Fire-resistant (interior) coating" means: 

(a) For civilian aircraft, fire-resistant interior coatings used on passenger cabin interior parts that are subject to the FAA 

fireworthiness requirements; 

(b) For military aircraft, fire-resistant interior coatings used on parts that are subject to the flammability requirements of 

MIL-STD-1630A and MIL-A-87721; and 

(c) For space applications, coatings used on parts that are subject to the flammability requirements of SE-R-0006 and 

SSP 30233. 

(26) "Flexible primer" means a primer that meets flexibility requirements such as those needed for adhesive bond primed 

fastener heads or on surfaces expected to contain fuel that: 

(a) Provides a compatible, flexible substrate over bonded sheet rubber and rubber-type coatings as well as a flexible 

bridge between the fasteners, skin, and skin-to-skin joints on outer aircraft skins; and 

(b) Allows more topcoat flexibility around fasteners and decreases the chance of the topcoat cracking around the 

fasteners. 

(27) "Flight test coating" means a coating applied to aircraft other than missiles or single-use aircraft before flight testing to 

protect the aircraft from corrosion and to provide required marking during flight test evaluation. 

(28) "Fuel tank adhesive" means an adhesive used to bond components exposed to fuel and are compatible with fuel tank 

coatings. 

(29) "Fuel tank coating" means a coating applied to fuel tank components for the purpose of corrosion or bacterial growth 

inhibition and to assure sealant adhesion in extreme environmental conditions. 

(29-1) "General aviation rework facility" means an aerospace facility with the majority of its revenues resulting from the 

reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components. 
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(30) "High temperature coating " means a coating designed to withstand temperatures of more than 350°F. 

(31) "Insulation covering" means material that is applied to foam insulation to protect the insulation from mechanical or 

environmental damage. 

(32) "Intermediate release coating" means a thin coating applied under topcoats to assist in removing the topcoat in 

depainting operations and generally to allow the use of less hazardous depainting methods. 

(33) "Lacquer" means a clear or pigmented coating formulated with a nitrocellulose or synthetic resin to dry by evaporation 

without a chemical reaction that is resoluble in its original solvent. 

(33-1) "Large commercial aircraft" means an aircraft of more than 110,000 pounds maximum certified take-off weight 

manufactured for nonmilitary use. 

(34) "Metalized epoxy coating" means a coating that contains relatively large quantities of metallic pigmentation for 

appearance or added protection. 

(35) "Mold release" means a coating applied to a mold surface to prevent the molded piece from sticking to the mold as it is 

removed. 

(36) "Nonstructural adhesive" means an adhesive that bonds non-load-bearing aerospace components in noncritical 

applications and is not covered in any other specialty adhesive categories. 

(37) "Optical antireflection coating" means a coating with a low reflectance in the infrared and visible wavelength ranges 

that is used for antireflection on or near optical and laser hardware. 

(38) "Part marking coating" means coatings or inks used to make identifying markings on materials, components, or 

assemblies, and may be either permanent or temporary. 

(39) "Pretreatment coating" means an organic coating that contains at least 0.5 percent acids by weight and is applied 

directly to metal or composite surfaces to provide surface etching, corrosion resistance, adhesion, and ease of stripping. 

(40) Primer. 

(a) "Primer" means the first layer and any subsequent layers of identically formulated coating applied to the surface of an 

aerospace vehicle or component, and typically used for: 

(i) Corrosion protection; 

(ii) Protection from the environment; 

(iii) Functional fluid resistance; and 

(iv) Adhesion of subsequent coatings. 

(b) "Primer" does not include specialty coatings. 

(41) "Rain erosion-resistant coating" means a coating or coating system used to protect the leading edges of parts such as 

flaps, stabilizers, radomes, engine inlet nacelles, and similar parts against erosion caused by rain impact during flight. 

(42) "Rocket motor bonding adhesive" means an adhesive used in rocket motor bonding applications. 

(43) "Rocket motor nozzle coating" means a catalyzed epoxy coating system used in elevated temperature applications on 

rocket motor nozzles. 

(44) "Rubber-based adhesive" means a quick setting contact cement that provides a strong, yet flexible bond between two 

mating surfaces that may be of dissimilar materials. 

(45) "Scale inhibitor" means a coating that is applied to the surface of a part before thermal processing to inhibit the 

formation of scale. 

(46) "Screen print ink" means an ink used in screen printing processes during fabrication of decorative laminates and 

decals. 

(47) Sealant. 

(a) " Sealant" means a material used to prevent the intrusion of water, fuel, air, or other liquids or solids from certain 

areas of aerospace vehicles or components. 
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(b) " Sealant" includes the following categories: 

(i) Extrudable/rollable/brushable sealants; and 

(ii) Sprayable sealants. 

(48) "Seal coat maskant" means an overcoat applied over a maskant to improve abrasion and chemical resistance during 

production operations. 

(49) "Self-priming topcoat" means one or more layers of topcoat that are applied directly to an uncoated aerospace vehicle 

or component for purposes of corrosion prevention, environmental protection, and functional fluid resistance. The coating is not 

subsequently topcoated with any other product formulation. 

(50) "Silicone insulation material" means: 

(a) An insulating material applied to exterior metal surfaces for protection from high temperatures caused by atmospheric 

friction or engine exhaust; and 

(b) Insulating materials that differ from ablative coatings in that they are not "sacrificial." 

(51) "Solid film lubricant" means a thin coating consisting of a binder system containing as its chief pigment material one 

or more of the following: 

(a) Molybdenum; 

(b) Graphite; 

(c) Polytetrafluoroethylene (PTFE); or 

(d) Other solids that act as a dry lubricant between faying (that is, closely or tightly fitting) surfaces. 

(52) "Specialty coating" means a coating that, even though it meets the definition of a primer, topcoat, or self-priming 

topcoat, has additional performance criteria, beyond those of primers, topcoats, and self-priming topcoats for specific 

applications, including: 

(a) Temperature or fire resistance; 

(b) Substrate compatibility; 

(c) Antireflection; 

(d) Temporary protection or marking; 

(e) Sealing; 

(f) Adhesively joining substrates; or 

(g) Enhanced corrosion protection. 

(53) Specialized Function Coating. 

(a) "Specialized function coating" means a coating that fulfills extremely specific engineering requirements that are 

limited in application and are characterized by low volume usage. 

(b) "Specialized function coating" does not include coatings covered in other specialty coating categories. 

(54) "Structural autoclavable adhesive" means an adhesive used to bond load-carrying aerospace components that is cured 

by heat and pressure in an autoclave. 

(55) "Structural nonautoclavable adhesive" means an adhesive cured under ambient conditions that is used to bond loadcarrying aerospace components or other critical functions, such as nonstructural bonding in the proximity of engines. 

(56) Temporary Protective Coating. 

(a) "Temporary protective coating" means a coating applied to provide scratch or corrosion protection during 

manufacturing, storage, or transportation. 

(b) "Temporary protective coating" includes peelable protective coatings and alkaline removable coatings, which are not 

intended to protect against strong acid or alkaline solutions. 
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(c) "Temporary protective coating" does not include coatings that provide protection from chemical processing. 

(57) "Thermal control coating" means a coating formulated with specific thermal conductive or radiative properties to 

permit temperature control of the substrate. 

(58) "Tooling operation" means the fabrication and repair of a mold or other form used in production related to aerospace 

vehicle components. 

(59) Topcoat. 

(a) "Topcoat" means a coating that is applied over a primer on an aerospace vehicle or component for appearance, 

identification, camouflage, or protection. 

(b) "Topcoat" does not include coatings that are defined as specialty coatings. 

(60) Touch-Up and Repair Operation. 

(a) "Touch-up and repair operation" means that portion of the coating operation that is the incidental application of 

coatings used to cover minor imperfections in the coating finish or to achieve complete coverage. 

(b) "Touch-up and repair operation" includes out-of-sequence or out-of-cycle coating. 

(61) "Wet fastener installation coating" means a primer or sealant applied by dipping, brushing, or daubing to fasteners that 

are installed before the coating is cured. 

(62) "Wing coating" means a corrosion-resistant topcoat that is resilient enough to withstand the flexing of the wings. 

C. General Requirements for Aerospace Coating Operations. 

(1) Except as provided in §C(3) of this regulation, a person who owns or operates an aerospace coating operation subject to 

this regulation may not cause or permit the discharge of VOC into the atmosphere unless the standards in §C(2) of this regulation 

are met. 

(2) Aerospace Coating Operation Standards. 

(a) Coating Standards at Maximum Allowable VOC in Pounds Per Gallon (Grams Per Liter) of Coating Applied (Minus 

Water) 

Coating Types Pounds/Gallon (Grams/Liter) 

Topcoats 3.5 (420) 

Self-priming topcoat 3.5 (420) 

Primers 2.9 (350) 

Chemical Milling Maskants 1.3 (160) 

Exterior primer for large commercial aircrafts 5.4 (650) 

Primer for general aviation rework facilities 4.5 (540) 

 (b) Standards for Specialty Coatings. 

Coating Pounds/Gallon 

(Grams/Liter) 

Ablative Coating 5.0 (600) 

Adhesion Promoter 7.42 (890) 

Adhesive Bonding Primers: Cured at 250°F or below 7.09 (850) 

Adhesive Bonding Primers: Cured above 250°F 8.59 (1030) 

Antichafe Coating 5.50(660) 

Bearing Coating 5.17 (620) 

Bonding Maskant 10.26 (1,230) 

Caulking and Smoothing Compounds 7.09 (850) 

Chemical Agent-Resistant Coating 4.58 (550) 

Clear Coating 6.00 (720) 

Commercial Exterior Aerodynamic Structure Primer 5.42 (650) 

Commercial Interior Adhesive 6.34 (760) 

Compatible Substrate Primer 6.50 (780) 

Corrosion Prevention Compound 5.92 (710) 
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Critical Use and Line Sealer Maskant 8.51 (1,020) 

Cryogenic Flexible Primer 5.38 (645) 

Cryoprotective Coating 5.00 (600) 

Cyanoacrylate Adhesive 8.51 (1,020) 

Dry Lubricative Material 7.34 (880) 

Electric or Radiation-Effect Coating 6.67 (800) 

Electrostatic Discharge and Electromagnetic Interference (EMI) Coating 6.67 (800) 

Elevated-Temperature Skydrol—Resistant Commercial Primer 6.17 (740) 

Epoxy Polyamide Topcoat 5.50 (660) 

Fire-Resistant (interior) Coating 6.67 (800) 

Flexible Primer 5.34 (640) 

Flight-Test Coatings Missile or Single Use Aircraft 3.50 (420) 

Flight-Test Coatings All Other 7.0 (840) 

Fuel Tank Adhesive 5.17 (620) 

Fuel-Tank Coating 6.00 (720) 

High-Temperature Coating 7.09 (850) 

Insulation Covering 6.17 (740) 

Intermediate Release Coating 6.25 (750) 

Lacquer 6.9 (830) 

Metallized Epoxy Coating 6.17 (740) 

Mold Release 6.50 (780) 

Nonstructural Adhesive 3.00 (360) 

Optical Antireflective Coating 6.25 (750) 

Part Marking Coating 7.09 (850) 

Pretreatment Coating 6.50 

Rain Erosion-Resistant Coating 7.09 (850) 

Rocket Motor Bonding Adhesive 7.42 (890) 

Rocket Motor Nozzle Coating 5.50 (660) 

Rubber-Based Adhesive 7.09 (850) 

Scale Inhibitor 7.34 (880) 

Screen Print Ink 7.00 (840) 

Sealants: Extrudable/Rollable/Brushable Sealant 2.33 (280) 

Sprayable Sealant 5.0 (600) 

Seal Coat Maskant 10.26 (1,230) 

Silicone Insulation Material 7.09 (850) 

Solid Film Lubricant 7.34 (880) 

Specialized Function Coating 7.42 (890) 

Structural Autoclavable Adhesive 0.50 (60) 

Structural Nonautoclavable Adhesive 7.09 (850) 

Temporary Protective Coating 2.67 (320) 

Thermal Control Coating 6.67 (800) 

Wet fastener installation coating 5.63 (675) 

Wing coating 7.09 (850) 

 (3) A person subject to this regulation may exceed the specialty coating standards in §C(2)(b) of this regulation if the total 

VOC emissions from all specialty coatings that exceed the standard in §C(2)(b) of this regulation do not exceed 20 pounds on any 

day. 

(4) A person who owns or operates an aerospace coating operation subject to this regulation shall comply with the primer 

and topcoat applications operations, chemical milling maskant operations, and the test methods and coating averaging procedures

specified in 40 CFR §§63.745(a)—(e), 63.747(a)—(e), and 63.750 as applicable, which are incorporated by reference. 

(5) Cleanup Requirements. A person who owns or operates an aerospace coating operation shall: 

(a) Store all waste materials containing VOC, including cloth or paper, in closed containers; 
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(b) Maintain lids on surface preparation and cleanup materials when not in use; and 

(c) Use enclosed containers or VOC recycling equipment to clean spray gun equipment. 

(6) Record Keeping. 

(a) A person subject to this regulation shall maintain the following records: 

(i) A description and the volume of each coating used; and 

(ii) The total weight and VOC content of each coating used on a monthly basis. 

(b) Records shall be retained for not less than 3 years and be made available to the Department upon request. 

.13-2 Brake Shoe Coating Operations. 

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

B. Terms Defined. 

(1) "Brake caliper rust preventive coating (brake caliper coating)" means a brake shoe coating that is applied to the 

unpainted cast iron brake caliper to provide rust resistance. 

(2) "Brake shoe coating operation" means a process in which coating is applied to a portion of a brake shoe to provide 

bonding between the metal and the lining of the brake shoe. 

C. Applicability. This regulation applies to a person who owns or operates a brake shoe coating operation at a premises where 

the total actual VOC emissions from all brake shoe coating operations is 20 pounds or more per day. 

D. General Coating Requirements. 

(1) A person who owns or operates a brake shoe coating operation subject to this regulation may not cause or permit the 

discharge of VOC into the atmosphere unless the standards in §D(2) of this regulation are met. 

(2) Maximum Allowable VOC Content (as applied minus water). 

Coating Pounds Per Gallon of Coating Applied Kilograms per Liter of Coating Applied 

Brake shoe coating 6.3 0.76 

Brake caliper coating 4.8 0.58 

 (3) Application Methods. A person subject to this regulation shall apply coatings by dipping, by spraying with high volume 

low pressure or electrostatic spray systems, or by other comparable high transfer efficiency methods. 

E. Equipment Cleanup. A person who owns or operates a brake shoe coating operation shall: 

(1) Store all waste materials containing VOC, including cloth or paper, in closed containers; and 

(2) Maintain lids or covers on all containers or vessels containing VOC when not in use. 

.13-3 Control of Volatile Organic Compounds from Structural Steel-Coating Operations. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Controlled air spray system" means a method of spraying a coating that has an enhanced transfer efficiency such as a 

high-volume, low-pressure (HVLP) or low-volume, low-pressure (LVLP) spray system that utilizes an air pressure between 0.1 

and 10.0 psig in the spray gun. 

(b) "Dip-coating operation" means a process in which structural steel is coated by dipping into stationary tanks filled 

with liquid coatings. 

(c) "Protective coating" means a primer mixed with mineral spirits or other solvents, that is used in a coating operation 

for corrosion protection. 

(d) "Structural steel-coating operation" means a facility that applies a coating to fabricated steel components such as 

welded steel joists, steel beams, and columns used to assemble buildings and other large structures. 
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B. Applicability. This regulation applies to a person who owns or operates a structural steel-coating operation that has a total 

potential to emit VOCs of 25 tons or more per year or actual emissions of 20 pounds or more in any 1 day. 

C. Coating Requirements. 

(1) Except as provided in §C(2) of this regulation, a person who owns or operates a structural steel-coating operation 

subject to this regulation may not use any protective coating that exceeds: 

(a) 3.9 pounds of VOC per gallon, as applied in a dip-coating operation; or 

(b) 3.5 pounds of VOC per gallon, as applied by means other than a dip-coating operation. 

(2) A person subject to this regulation may apply a coating that exceeds the VOC content established in §C(1) of this 

regulation if: 

(a) The VOC content of the coating does not exceed a standard in §C(1) of this regulation by more than 20 percent; and 

(b) The coatings exceeding a standard in §C(1) of this regulation are used only during the period from November 1 of 

any year through March 31 of the following year. 

(3) Except for dip-coating operations, a person subject to this regulation shall apply coatings under a controlled air spray 

system or other system approved by the Department. 

D. Cleanup Requirements. A person subject to this regulation shall take reasonable precautions to minimize the release of 

VOC into the atmosphere including: 

(1) Minimizing the quantity of VOC used to clean lines or equipment by using detergents, high-pressure water, or low VOC 

cleaning materials; 

(2) Using enclosed containers or VOC recycling equipment to clean spray gun equipment; 

(3) Storing all waste materials containing VOC, including cloth and paper, in closed containers; and 

(4) Maintaining lids on any VOC-bearing materials when not in use. 

.14 Manufacture of Synthesized Pharmaceutical Products. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Production equipment exhaust system" means a device for collecting and directing out of the work area VOC fugitive 

emissions from reactor openings, centrifuge openings, and other vessel openings for the purpose of protecting workers from 

excessive VOC exposure. 

(2) "Synthesized pharmaceutical manufacturing" means manufacture of pharmaceutical products by chemical synthesis. 

B. Emission Standards and Equipment Specifications. 

(1) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall control with surface 

condensers, or an equivalent control method approved by the Department, VOC emissions from any reactor, distillation operation,

crystallizer, centrifuge, or vacuum dryer that has the potential to emit 15 pounds/day or more of VOC. The outlet gas temperature 

of a surface condenser may not exceed: 

(a) Minus 13°F when condensing VOC of vapor pressure greater than 5.8 psia at standard conditions; 

(b) 5°F when condensing VOC of vapor pressure greater than 2.9 psia at standard conditions; 

(c) 32°F when condensing VOC of vapor pressure greater than 1.5 psia at standard conditions; 

(d) 50°F when condensing VOC of vapor pressure greater than 1.0 psia at standard conditions; 

(e) 77°F when condensing VOC of vapor pressure greater than 0.5 psia at standard conditions. 

(2) A person who owns or operates a synthesized pharmaceutical manufacturing facility may not cause or permit the 

discharge to the atmosphere of more than 33 pounds/day of VOC from all air dryer and production equipment exhaust systems 

unless the discharge is reduced by 90 percent overall. 

(3) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall: 
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(a) Provide and use a vapor balance system or equivalent control that is at least 90 percent effective in reducing 

emissions from truck or railcar deliveries to any storage tank with a capacity greater than 2,000 gallons that stores VOC with 

vapor pressure greater than 1.5 psia at standard conditions; and 

(b) Install and use pressure- or vacuum-conservation vents set at 0.05 psia (0.35 kilonewton/square meter), or an 

equivalent control method approved by the Department, on each storage tank that stores VOC with vapor pressure greater than 1.5

psia at standard conditions. 

(4) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall enclose each centrifuge, 

rotary vacuum filter, or other filter having an exposed liquid surface, where the liquid contains VOC and exerts a total VOC vapor 

pressure of 0.5 psia at standard conditions. 

(5) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall install covers on each inprocess tank containing VOC at any time. These covers shall remain closed, except when production, sampling, maintenance, or 

inspection procedures require operator access. 

(6) A person who owns or operates a synthesized pharmaceutical manufacturing facility shall repair as expeditiously as 

possible all leaks from which a liquid can be seen running or dripping. 

.15 Paint, Resin, and Adhesive Manufacturing and Adhesive Application. 

A. Definitions. 

(1) "Adhesive application" means the application of adhesives to a product and the assembly and curing of that product. 

(2) "Honeycomb core installation" means an operation that applies an adhesive to a metal foil or other substrate which is 

stacked, cured, and either expanded or corrugated to create a cellular matrix structure used in aircraft construction and related 

industries. 

(3) "Resin thin down tank" means a vessel in which VOC is added to reduce the viscosity of resin. 

(3-1) "Sealant" has the meaning stated in COMAR 26.11.35.03B. 

(3-2) "Sealant application" means the application and curing of a sealant. 

(3-3) "Specialty electronic systems and subsystems for defense and homeland security" has the meaning stated in COMAR 

26.11.35.03B. 

(4) "Specialty footwear manufacturing" means the manufacturing of special cold weather shoes or boots in accordance with 

military specifications. 

(5) "Specialty spiral tube winding" means a process that is used to manufacture a plastic spirally wound tube for high 

temperature insulation application in the electric motor manufacturing industry. 

(6) "Spiral tube winding" means a process that is used to manufacture spirally wound plastic tubes that are used to insulate 

electric wire and electronic components. 

(7) "Spiral wound tube impregnating and curing" means a batch-fed process that is used to impregnate spirally wound tubes 

with resin under pressure and cure them at elevated temperatures. 

B. Standards for Paint, Resin, and Adhesive Manufacturing. 

(1) Resin Reactor. A person may not quench a resin with VOC in a resin reactor unless the reactor is equipped with a 

condenser that cools the discharged vapors to a temperature of less than 120°F (49°C). 

(2) Resin Thin Down Tank. A person may not use a resin thin down tank unless the tank is equipped with a condenser that 

cools the discharged vapor to a temperature of less than 120°F. 

(3) Monitoring Requirements. A person subject to §B(1) or (2), of this regulation, shall install and maintain a temperature 

indicator on the vapor discharge line from the condenser. The indicator shall be located so that it is clearly visible to the operator 

of the equipment. 

(4) Paint Manufacturing. A person who manufactures paint may not use any open top vessel or tank to mix paint, disperse 

pigment, or adjust the viscosity or color of a paint unless the vessel or tank opening is covered. 
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(5) Adhesives Manufacturing. A person may not use any open top vessel or tank to manufacture an adhesive unless the 

vessel or tank opening is covered. 

(6) The covers required by §B(4) and (5) of this regulation shall be VOC impermeable and may be equipped with an 

opening not larger than necessary for safe clearance of the mixer shaft. A person shall keep the vessel or tank opening covered at 

all times except when operator access is necessary. 

(7) A person who uses a vessel or tank to manufacture paint, resin, or adhesives shall clean the vessel or tank with 

detergent, hot alkali, high pressure water, or use other reasonable precautions approved by the Department that minimize 

emissions of VOC. 

(8) A person who uses a vessel or tank to manufacture paint may not transfer VOC into the tank or vessel unless submerged 

filling or a side diversion method (referred to as cascade filling) that forces the VOC to the sidewalls to prevent splashing is used. 

C. Standards for Adhesive and Sealant Application. 

(1) Honeycomb Core Installation. A person may not: 

(a) Use an adhesive that contains more than 5.8 pounds of VOC per gallon (0.70 kilogram/liter) of adhesive applied 

(minus water) in any honeycomb core installation that discharges more than 50 pounds per day of VOC; 

(b) Cause or permit the discharge of VOC emissions from any honeycomb core printing or corrugating installation in 

excess of 200 pounds (90.7 kilograms) per day. 

(2) Footwear Manufacturing. 

(a) A person who manufactures specialty footwear may not cause or permit the discharge of VOC into the atmosphere 

unless the average VOC content of all VOC materials used at the premises is 0.5 pound of VOC per pair of boots manufactured, 

or less. 

(b) Compliance with the emissions standard in §C(2)(a) of this regulation shall be determined on the basis of monthly 

material consumption. 

(c) A person subject to the requirements of this subsection shall submit a monthly report to the Department on or before 

the 15th of the following month. Each report shall include the: 

(i) VOC content of each adhesive used at the source; 

(ii) Total daily production of footwear; 

(iii) Total amount of each adhesive used each day; and 

(iv) Total VOC emissions for each day. 

(3) Spiral Tube Winding and Impregnating. A person may not: 

(a) Use an adhesive to manufacture any specialty spiral tube that exceeds 5 pounds of VOC per gallon (0.60 

kilogram/liter) of adhesive as applied, minus water; 

(b) Use an adhesive to manufacture any spiral tube that exceeds 2.9 pounds of VOC per gallon (0.35 kilogram/liter) of 

adhesive as applied, minus water; 

(c) Cause or permit the discharge into the atmosphere of more than 200 pounds (91 kilograms) per day of VOC from any 

specialty spiral tube winding; and 

(d) Use any resin that exceeds 4 pounds of VOC per gallon (0.48 kilogram/liter) of resin as applied, minus water, in any 

spiral wound tube impregnating and curing. 

(4) Specialty Electronic Systems and Subsystems for Defense and Homeland Security. 

(a) A person may not cause or permit the discharge into the atmosphere of more than 25 pounds per day of VOC from 

the application of adhesives or sealants to specialty electronic systems and subsystems for defense and homeland security. 

(b) Compliance with the emissions limitation in §C(4)(a) of this regulation shall be determined each month, by 

calculating the average of the total daily amounts of VOC discharged to the atmosphere from all applications of adhesive and 

sealant to specialty electronic systems and subsystems for defense and homeland security at the premises for the prior month. 
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.16 Control of VOC Equipment Leaks. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Component" means equipment which has the potential to leak VOC, including process equipment, storage tanks, 

pumps, compressors, valves, flanges and other pipeline fittings, pressure relief valves, process drains, and open-ended pipes. 

(2) "Leak" means an unintended liquid or vapor release of VOC from a component into the ambient air or into a building. 

B. Applicability. A person subject to any VOC emission standard or limitation established in this chapter and not otherwise 

subject to more specific VOC leak requirements of another regulation is subject to the requirements of this regulation. 

C. General Requirements. A person subject to this regulation shall comply with all of the following requirements: 

(1) Visually inspect all components on the premises for leaks at least once each calendar month. 

(2) Tag any leak immediately so that the tag is clearly visible. The tag shall be made of a material that will withstand any 

weather or corrosive conditions to which it may be normally exposed. The tag shall bear an identification number, the date the 

leak was discovered, and the name of the person who discovered the leak. The tag shall remain in place until the leak has been 

repaired. 

(3) Take immediate action to repair all observed VOC leaks that can be repaired within 48 hours. 

(4) Repair all other leaking components not later than 15 days after the leak is discovered. If a replacement part is needed, 

the part shall be ordered within 3 days after discovery of the leak, and the leak shall be repaired within 48 hours after receiving 

the part. 

(5) Maintain a supply of components or component parts that are recognized by the source to wear or corrode, or that 

otherwise need to be routinely replaced, such as seals, gaskets, packing, and pipe fittings. 

(6) Maintain a log that includes the name of the person conducting the inspection and the date on which leak inspections are 

made, the findings of the inspection, and a list of leaks by tag identification number. The log shall be made available to the 

Department upon request. Leak records shall be maintained for a period of not less than 2 years from the date of their occurrence. 

D. Exceptions. Components that cannot be repaired as required in this regulation because they are inaccessible, or that cannot 

be repaired during operation of the source, shall be identified in the log and included within the source's maintenance schedule for 

repair during the next source shutdown. 

.17 Control of Volatile Organic Compound (VOC) Emissions from Yeast Manufacturing. 

A. Definitions. 

(1) "Fermentation batch" means a fermentation cycle that normally ranges from 7 to 20 hours duration occurring in a 

fermenter. 

(2) "First generation fermenter" means a vessel in which yeast and nutrients are aerated to produce yeast for a trade 

fermenter. 

(3) "Nutritional yeast" means yeast that becomes: 

(a) An ingredient in dough for bread or any other yeast-raised baked product; or 

(b) A nutritional food additive intended for consumption by humans. 

(4) "Specialty yeast" means yeast that is used in the production of beer, wine, or alcoholic beverages or in the production of 

ethanol. 

(5) "Stock fermenter" means a vessel in which yeast and nutrients are aerated to produce stock yeast. 

(6) "Trade fermenter" means a vessel in which yeast and nutrients are aerated to produce liquid yeast to be processed for 

sale. 

(7) "Yeast manufacturing installation" means a fermentation reactor or vessel used to manufacture yeast. 

B. Applicability, Exemptions, and Compliance Date. 

(1) This regulation applies to a person who owns or operates a yeast manufacturing installation at a premises that has a 

potential to emit from all yeast manufacturing installations on the premises 25 tons or more per year of VOC. 
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(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 regulation shall be met for at least 98 percent of all nutritional yeast batches in each 

rolling 12-month period beginning July 1, 2004. 

E. Continuous Emission Monitor Calibration Procedures. A person subject to this regulation shall perform daily zero and span 

checks for the continuous emission monitor required in §D(1) of this regulation unless an alternative procedure is approved by the 

Department. 

F. Reporting Requirements. 

(1) Semiannual reports shall be submitted to the Department by the end of the month following each 6-month period 

beginning with the period July 1, 2004 through December 31, 2004. 

(2) The semiannual report shall include: 

(a) A summary of the number of batches for each month and calculations showing the percent of batches that met the 

VOC standards for each month; 

(b) Calculations showing the percent of batches that met the VOC standards during the previous six 12-month rolling 

average periods; and 

(c) Calculations showing the percent of batches, by fermenter, that were not monitored during the 6-month period. 

.18 Control of Volatile Organic Compound Emissions from Screen Printing and Digital Imaging. 

A. In this regulation, the following terms have the meanings indicated: 

(1) "Acid/etch resist ink" means a material or compound applied to portions of a product, usually in a pattern, before 

etching, to protect the covered portions from the action of the chemical solution that removes the surface of the product being

etched. 
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(2) "Anoprint ink" means a dye or compound that is screen printed on unsealed anodized aluminum before the process of 

sealing the anodic coating, thus trapping the dye or compound in the anodic coating. 

(3) "Back-up coating" means a coating applied to the nondecorated side of a plywood sign. 

(4) Clear Coating. 

(a) "Clear coating" means a transparent coating usually applied over a pigmented or colored coat to give improved gloss 

or protection to the colored coat. 

(b) "Clear coating" does not mean overprint varnish that is used in the cosmetic industry and that is subject to FDA 

formulation requirements. 

(5) "Conductive ink" means an ink for the screen printing of electronic circuits or other conductive patterns that permit 

electric current to flow through the printed line or pattern. 

(5-1) "Digital imaging" means a printer that uses a computer-driven machine to transfer an electronically stored image onto 

the substrate through the use of inks, toners, or other similar color graphic materials. Application methods include ink jet, 

electrostatic, and spray jet technologies. 

(6) "Electroluminescent ink" means a transparent conductive coating, phosphor, opaque conductive, or similar compound 

that is screen printed with the purpose of converting an electrical current directly into light. 

(7) "Exterior illuminated sign" means a plastic sign that can be illuminated for its visibility at night. 

(8) "Haze removal" means the final cleaning stage or process to remove ink residue from a used screen. 

(9) "Ink removal" means removal of excess ink from a used screen. 

(10) "Maximum VOC content" means the maximum content of volatile organic compounds less exempt solvents and water. 

(10-1) "Overprint varnish" means a FDA-regulated coating that is used to prevent lipstick from adhering to the plastic film 

on a sample card sold to retail stores. 

(11) "Plastic card manufacturing installation" means screen printing, lithographic printing, drying ovens, adhesive 

application, and laminating equipment used to produce a credit card or similar plastic card product. 

(12) "Plywood sign coating" means a coating applied to plywood sheeting in the preparation of exterior signs. 

(13) "Screen printing" means a printing method in which ink, clear coating, or adhesive is distributed through a tightly 

stretched fabric to which a refined form of stencil has been applied. The stencil and mesh openings determine the form and 

dimensions of the imprint. 

(14) "Screen printing installation" means equipment including printing application equipment, flash-off areas, and dryers 

used to perform screen printing. 

(15) "Screen reclamation" means removal of stencil or ghost image from a used screen. 

(16) "Specialty inks" means acid/etch resist, anoprint, conductive, and electroluminescent inks. 

(17) "Untreated sign paper" means a paper used in screen printing to prepare a temporary, light-weight sign or poster such 

as grocery store signs that are sensitive to water and water-based inks. 

B. Applicability. 

(1) This regulation applies to a person, owner, or operator who: 

(a) Performs screen printing on substrates other than untreated sign paper and causes VOC emissions from all screen 

printing at the premises of 20 pounds or more per day excluding VOC emissions from printing on untreated sign paper; 

(b) Operates a plastic card manufacturing installation at a premises that causes VOC emissions of 20 pounds or more per 

day from all plastic card manufacturing installations at the premises; 

(c) Coats plywood used for signs at a premises that causes VOC emission of 20 pounds or more per day from all 

plywood sign coating at the premises; 

(d) Performs screen printing on untreated sign paper at a premises that causes VOC emissions of 20 pounds or more per 

day from all printing on untreated sign paper at the premises; or 
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(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, unless the following requirements are met: 

(a) For overprint varnish on any substrate, the maximum VOC content, as applied, may not exceed 6.03 pounds of VOC 

per gallon; 

(b) For screen printing or clear coating on any substrate other than untreated sign paper, the maximum VOC content of 

any ink or clear coating, as applied, may not exceed 3.3 pounds of VOC per gallon (396 grams per liter); 

(c) For screen printing on untreated sign paper, the maximum VOC content of any ink, as applied, may not exceed 5.6 

pounds of VOC per gallon; and 

(d) For screen printing using specialty inks, the maximum VOC content of any ink may not exceed the following: 

Ink Pounds Per Gallon Grams Per Liter 

(i) Acid/etch resist 3.3 396 

(ii) Anoprint 3.1 372 

(iii) Conductive 8.0 960 

(iv) Electroluminescent 8.0 960 

 (2) Control of VOC Emissions from Ink and Haze Removal and Screen Reclamation. A person may not cause or permit the 

discharge of VOC into the atmosphere from the use of any ink or haze removal and screen reclamation product unless the VOC 

content of the ink removal or reclamation product is less than or equal to the following: 

Product Pounds Per Gallon Grams Per Liter 

(a) Screen reclamation 1.0 120 

(b) Ink removal 3.3 390 

(c) Haze removal 4.0 480 

 (3) Use of Control Devices. A person subject to this regulation is in compliance with the requirements of §C(1) of this 

regulation if the person installs and uses a control device that reduces emissions from the screen printing dryer by not less than 90 

percent overall. 

D. General Requirements for Plywood Sign Coating. A person who owns or operates a plywood sign coating operation subject 

to this regulation may not cause or permit the discharge of VOC into the atmosphere from any plywood sign coating unless the 

VOC content of the coating, as applied, is less than or equal to the following: 

Coating Pounds Per Gallon Grams per Liter 

(1) Back-up 1.0 120 

(2) Prime 1.5 180 

(3) Main 2.5 300 

(4) Clear 3.3 396 
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E. General Requirements for Plastic Card Manufacturing Installations. A person who owns or operates a plastic card 

manufacturing installation subject to this regulation shall meet the following: 

(1) The VOC content of any ink as applied may not exceed 4.0 pounds per gallon (479 grams per liter); 

(2) The isopropyl alcohol content of the fountain solution used in any lithographic printing on a plastic card may not exceed 

8.5 percent; and 

(3) If isopropyl alcohol is used in the fountain solution, the fountain solution shall be refrigerated to 55°F or less and shall 

be monitored by a temperature indicator mounted on the tray holding the fountain solution. 

F. General Requirements for Digital Imaging. A person who owns or operates digital imaging that is subject to this regulation 

may not cause the discharge of VOC emissions into the atmosphere in excess of 100 pounds on any day from all digital printing at 

the premises. 

G. Record Keeping. A person subject to this regulation shall maintain the following records for not less than 3 years, and 

make the records available to the Department upon request: 

(1) The total monthly consumption of inks, coatings, cleanup materials, and any other materials containing VOC used in 

conjunction with screen printing substrates other than untreated sign paper; 

(2) The total monthly consumption of inks, coatings, cleanup materials, and any other materials containing VOC used in 

conjunction with screen printing on untreated sign paper; 

(3) The VOC content of each ink, coating, cleanup material, or any other material containing VOC that is used at the 

premises; and 

(4) For plastic card manufacturing installations, the amount of isopropyl alcohol used each month. 

.19 Control of Volatile Organic Compound (VOC) Emissions from Expandable Polystyrene Operations. 

A. Applicability. Except as required in §E(2) of this regulation, this regulation applies to a person who owns or operates an 

EPO at a premises where the total actual VOC emissions from all EPOs at the premises is 20 pounds or more per day. 

B. Definitions. 

(1) In this regulation, the following terms have the meaning indicated. 

(2) Terms Defined. 

(a) "Blowing agent" means a liquid, gaseous, or solid material that facilitates the formation of a cellular final product 

from polystyrene beads. 

(b) "Cooler" means an EPO product that consists of a leakproof container and a cover that is used primarily for the 

temporary storage of beverages and food products. 

(c) Expandable Polystyrene Operation (EPO). 

(i) "Expandable polystyrene operation" means a process that expands polystyrene beads containing a VOC blowing 

agent in a preexpander and at times molds the expanded beads, with or without scrap material, into a cellular product such as cups 

and containers, protective packaging material, and insulation. 

(ii) "Expandable polystyrene operation" includes, as applicable, expanding the beads, expanded bead aging, and 

molding of expanded beads into a final product. 

(d) "Preexpander" means a part of an EPO that processes polystyrene beads from a high-density state to a lower bulk 

density required to manufacture an end product. 

(e) "Recycled expanded polystyrene" means a polystyrene end product which has served its initially intended use or an 

expanded polystyrene product diverted from the EPO waste material system. 

(f) "Reduced VOC content beads" means unexpanded polystyrene beads that have been reformulated so that the VOC 

content of the beads is less than 7 percent by weight. 

(g) "Specialty product" means an EPO product where the expanded bead is the final product or a cooler. 

C. General Requirements. 
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(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 cannot use recycled expanded polystyrene shall use beads with a VOC content 

of 6.5 percent or less; 

(c) Manufacturers of shape molded products, including cups, shall use beads with a VOC content of 6 percent or less; 

and 

(d) Manufacturers of specialty products shall use reduced VOC content beads. 

(3) Compliance with the bead VOC content for each product in §C(2) of this regulation shall be determined as a daily 

average. 

(4) Spills of unexpanded polystyrene beads shall be collected and any spilled material shall be placed in a closed container 

to prevent and suppress emissions. 

D. Testing Requirements. 

(1) If a control device is used, a stack test shall be performed to measure the VOC concentration at the inlet and outlet of 

the control device. 

(2) The initial stack test shall be performed not later than 90 days after the start up of the control device. 

(3) Additional stack tests shall be performed at a frequency of not less than once each 3 years, beginning 3 years after the 

date of the initial test. 

(4) A stack test report shall be submitted to the Department within 60 days of completing each test. 

E. Record Keeping. 

(1) A person who owns or operates an EPO subject to this regulation shall maintain the following records, as applicable, for 

a period of not less than 3 years: 

(a) The daily total weight of beads used; 

(b) The VOC content of the beads; 

(c) The monthly total weight of recycled expanded polystyrene used; and 

(d) The monthly production of each product. 

(2) A person who operates an EPO that is not subject to the requirements in §C of this regulation shall maintain records of 

the total daily and annual weight of beads used and the VOC content of the beads and make these records available to the 

Department upon request. 

.20 Control of Landfill Gas Emissions from Municipal Solid Waste Landfills. 

A. Definitions. The following terms have the meanings indicated. Any other term that is used in this regulation or in a 

referenced portion of the federal requirements and not defined in this regulation is as defined in the Clean Air Act and 40 CFR

Part 60, Subparts A, B, and WWW. 

B. Terms Defined. 

(1) "Active collection system" means a gas collection system for a municipal solid waste landfill that uses gas mover 

equipment. 
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(2) "Commercial solid waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other 

similar nonmanufacturing activities, excluding residential and industrial wastes. 

(3) "Landfill gas" means the gases generated by a municipal solid waste landfill through the natural process of 

decomposing organic material or through the chemical reaction of other substances in the municipal solid waste. 

(4) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. "Lateral 

expansion" is not a modification unless it results in an increase in the design capacity of the landfill. 

(5) "Municipal solid waste (MSW)" means household waste, commercial waste, and industrial waste as defined in 40 CFR 

§60.751. 

(6) Municipal Solid Waste Landfill (MSW Landfill). 

(a) "Municipal solid waste landfill (MSW landfill)" means an entire disposal facility in a contiguous geographical space 

where municipal solid waste is placed in or on land, portions of which may be separated by access roads. 

(b) "Municipal solid waste landfill (MSW landfill)" includes landfills that also receive other types of RCRA Subtitle D 

wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial

solid waste. 

(7) "Non-methane organic compounds (NMOC)" means the total organic compound content of landfill gas, excluding 

methane measured in accordance with the procedures in 40 CFR §60.754. 

C. Applicability and Exemptions. 

(1) Except for the reporting requirements in §D(1) and (2) of this regulation, this regulation applies to a person who owns 

or operates an MSW landfill: 

(a) That has a design capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW; 

(b) That was constructed before May 30, 1991; 

(c) That received MSW on or after November 8, 1987; and 

(d) For which reconstruction or modification began before May 30, 1991. 

(2) A person who owns or operates an MSW landfill is not subject to this regulation but is subject to the federal New 

Source Performance Standards for MSW landfills at 40 CFR Part 60, Subpart WWW, if the landfill: 

(a) Was constructed or received its initial MSW on or after May 30, 1991; or 

(b) Was reconstructed or modified to increase the design capacity on or after May 30, 1991. 

(3) Physical or operational changes to an existing MSW landfill solely to comply with the requirements of this chapter are 

not considered a modification or reconstruction and would not subject an existing MSW landfill to the requirements of 40 CFR 

Part 60, Subpart WWW. 

(4) Except as provided in §C(2) of this regulation, a person who owns or operates an MSW landfill that is initially subject 

to this regulation and later receives a permit for reconstruction or modification will become subject to the federal New Source

Performance Standards for MSW landfills at 40 CFR Part 60, Subpart WWW. 

(5) For the purpose of this chapter, the applicability threshold in this regulation is an MSW landfill that has a design 

capacity equal to or greater than 2,750,000 tons and 3,260,000 cubic yards of MSW. 

D. General Requirements. 

(1) A person who owns or operates an MSW landfill shall prepare and submit a design capacity report to the Department 

not later than November 1, 1997. The report shall contain the following information: 

(a) A map or a plot of the landfill providing the size and the location of the landfill and the area in which MSW is or will 

be landfilled; 

(b) The date the MSW landfill began accepting MSW; 

(c) The date the MSW landfill ceased or is estimated to cease accepting MSW; 

(d) The maximum design capacity of the MSW landfill in tons or cubic yards; and 
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(e) The amount of MSW accepted in tons or cubic yards for each operating year. 

(2) Notwithstanding the permit to construct requirements in COMAR 26.11.02, a person who increases the maximum 

design capacity of an existing MSW landfill after November 1, 1997, shall amend and resubmit the design capacity report 

required in §D(1) of this regulation within 90 days of the issuance of any permit that authorizes the increase or any other change 

that increases the maximum design capacity of the landfill. 

(3) A person who owns or operates an MSW landfill subject to this regulation that has a design capacity equal to or greater 

than 2,750,000 tons and 3,260,000 cubic yards shall: 

(a) Estimate the annual NMOC emission rate calculated using the formula and procedures as described in 40 CFR 

§60.754(a) or (b); and 

(b) Submit an initial NMOC emission rate report to the Department by November 1, 1997. 

(4) The NMOC emission rate report under §D(3) of this regulation shall include all the data, calculations, sample reports, 

and measurements used to estimate the annual emissions. 

(5) A person who owns or operates an MSW landfill that has a design capacity less than 2,750,000 tons or 3,260,000 cubic 

yards, and resubmits the initial design capacity report required in §D(1) of this regulation showing that the design capacity is 

equal to or greater than 2,750,000 tons and 3,260,000 cubic yards, shall submit an NMOC emission rate report by November 1 of 

the year following the year in which the design capacity report was resubmitted. 

(6) Following the initial submittal or resubmittal of an emission rate report, a person subject to this regulation shall prepare 

and submit an updated NMOC emission rate report by November 1 of each year thereafter. A less frequent emission rate report 

may be approved by the Department if: 

(a) Revised emission estimates are submitted at least every 5 years; 

(b) The 5-year emission estimates include the current amount of solid waste in place and the estimated waste acceptance 

rate for each year of the 5 years for which an NMOC emission rate is estimated; 

(c) A revised emissions estimate is submitted if the actual waste acceptance rate exceeds the estimated waste acceptance 

rate in any year reported in the 5-year estimate; and 

(d) The emissions estimates are demonstrated to remain below 55 tons per year for the 5-year period. 

(7) A person who is subject to the NMOC reporting requirements and also to the emissions certification requirements in 

COMAR 26.11.01.05-1, may, upon approval by the Department, submit a combined report. 

(8) If the NMOC emission rate determined in §D(3) or (5) of this regulation is 55 tons or more per year, the MSW landfill 

owner shall comply with §G of this regulation except as follows: 

(a) The owner or operator may elect to recalculate the NMOC emission rate based on a site-specific NMOC 

concentration according to the procedures provided in 40 CFR §60.754(a)(3); 

(b) The revised NMOC emission rate based on the site-specific NMOC concentration shall be submitted to the 

Department by December 31 of the year in which the first NMOC emission rate report was submitted showing that the NMOC 

emission rate exceeded 55 tons per year; 

(c) If the NMOC emission rate based on the site-specific NMOC concentration is less than 55 tons per year, the owner or 

operator shall continue the emission rate reporting using the site-specific NMOC concentration according to the schedule in §D(6) 

of this regulation; 

(d) If the NMOC emission rate based on the site-specific NMOC concentration is 55 tons or more per year, the owner or 

operator shall comply with §G of this regulation or may recalculate the NMOC emission rate based on the site-specific methane 

generation according to the procedures provided in 40 CFR §60.754(a)(4); 

(e) The revised NMOC emission rate based on site-specific methane generation shall be submitted to the Department by 

November 1 of the year following the year in which the first NMOC emission rate report was submitted showing that the NMOC 

emission rate exceeded 55 tons per year; 
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(f) If the NMOC emission rate based on the site-specific methane generation rate is less than 55 tons per year, the owner 

or operator shall resume the emission rate reporting using the site-specific methane generation rate according to the schedule in 

§D(6) of this regulation; 

(g) If the NMOC emission rate based on the site-specific methane generation rate is 55 tons or more per year, the owner 

or operator shall comply with §G of this regulation. 

(9) The NMOC emission rate reporting requirements in §D(3) of this regulation do not apply after the installation of the 

required collection and control system in compliance with §E of this regulation, during the time when the collection and control 

system is in operation and in compliance with 40 CFR §§60.753 and 60.755. 

E. Compliance Plans. 

(1) A person who owns or operates an MSW landfill that has a calculated NMOC emission rate that is 55 tons or more per 

year shall submit to the Department a plan for compliance by June 1 of the year following the year in which an NMOC emission 

rate was first calculated to be 55 tons or more per year. The plan for compliance shall contain all of the elements contained in 40 

CFR §60.752(b)(2). In addition, the plan shall contain the following schedule: 

(a) The release of purchase orders or contracts within 5 months from the date the plan for compliance is required; 

(b) Beginning of construction of the gas collection and control system within 8 months after the plan for compliance is 

required; and 

(c) Completion of construction of the gas collection and control system within 16 months from the date the plan for 

compliance is required. 

(2) The plan for compliance required in §E(1) of this regulation shall include the following compliance dates for start-up of 

the gas collection and control system and performance of a compliance test: 

(a) For areas that are closed or at final grade, a landfill gas collection and control system shall be installed and 

compliance achieved by December 1 of the year following the year the plan for compliance was required to be submitted or after 

the initial MSW landfill has been in place for a period of 2 years, whichever date is later; 

(b) For active areas, a landfill gas collection and control system shall be installed and compliance achieved by December 

1 of the year following the year the plan for compliance was required to be submitted or after the initial MSW landfill has been in 

place for a period of 5 years, whichever date is later; 

(c) Upon written request to the Department, an extended schedule, not to exceed 30 months from the date the NMOC 

emission rate was first calculated to be 55 tons or more per year, may be granted for installing the landfill gas collection and 

control system; 

(d) The schedule to achieve compliance shall be met regardless of whether the owner or operator of the MSW landfill 

determines emissions based on site-specific NMOC and methane generation rates as provided in §D(8) of this regulation. 

(3) In its determination for an extension, the Department will consider: 

(a) The past and future rate at which MSW has been or will be accepted; 

(b) The expected life of the area; 

(c) Costs of control; 

(d) Physical constraints for installing controls; and 

(e) Other information regarding the safety and technical aspects of control. 

(4) Any extension granted by the Department pursuant to §E(2)(c) of this regulation shall be submitted to EPA for approval 

as a revision to the Department's plan for control of landfill gas emissions from MSW landfills. 

F. Closure Report and Equipment Removal. 

(1) A person who owns or operates an MSW landfill subject to §G of this regulation shall submit a closure report to the 

Department within 30 days of MSW acceptance cessation. The Department may request additional information, as necessary, to 

verify that permanent closure has taken place in accordance with the requirements in 40 CFR §258.60. 
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(2) After the notice of closure has been submitted to the Department, additional MSW may not be placed in the MSW 

landfill. 

(3) A person who owns or operates an MSW landfill who installs the required gas collection and control system and 

complies with §G of this regulation for at least 15 years may continue to operate the control system or, if the control system is to 

be taken out of service, an equipment removal request shall be submitted to the Department for approval 30 days before the 

removal or cessation of operation of the control equipment. 

(4) The equipment removal request shall contain all of the information in 40 CFR §60.757(e)(1) and (2), including: 

(a) A copy of the closure report submitted in accordance with §F(1) of this regulation; 

(b) A copy of the initial performance test report demonstrating that the 

15-year minimum control period has expired; and 

(c) Dated copies of three successive NMOC emission rate calculations, performed in accordance with 40 CFR 

§60.754(b), demonstrating that the annual uncontrolled NMOC emissions from the MSW landfill are currently below and will 

remain below 25 tons per year. 

G. Compliance and Operating Conditions. 

(1) Compliance Conditions. A person who owns or operates an MSW landfill that has a calculated NMOC emission rate of 

55 tons per year or more shall comply with the landfill gas collection and control requirements in 40 CFR §§60.752(b)(2) and 

60.755. 

(2) Specifications for Active Collection Systems. A person who complies with §G(1) of this regulation by using an active 

collection system shall comply with the specifications included in 40 CFR §60.759. 

(3) Operating Conditions. A person who is required to install a gas collection and control system in compliance with §G(1) 

of this regulation shall operate the equipment according to the requirements included in 40 CFR §60.753. 

H. Testing, Monitoring, Reporting, and Record-Keeping Requirements. 

(1) Performance Testing. A person who is required to install a gas collection and control system in compliance with §G(1) 

of this regulation shall demonstrate adequate control efficiency by complying with the conditions in 40 CFR §§60.754(d) and 

60.8. 

(2) Monitoring Requirements. A person who is required to install a gas collection and control system in compliance with 

§G(1) of this regulation shall: 

(a) Monitor the equipment in accordance with the provisions in 40 CFR §60.756(a)—(e); 

(b) Monitor the methane surface emissions in accordance with the provisions in 40 CFR §60.756(f); and 

(c) Commence the methane surface monitoring required in §H(2)(b) of this regulation by the beginning of the calendar 

quarter following the quarter during which the system required in §G(1) of this regulation is installed. 

(3) Reporting Requirements. 

(a) A person who complies with §G(1) of this regulation by using an active collection system shall comply with the 

reporting provisions in 40 CFR §§60.757 and 60.758. 

(b) A person who complies with §G(1) of this regulation shall comply with the initial performance test reporting 

requirements in 40 CFR §60.757(g). 

(4) Record-Keeping Requirements. A person who is required to install a gas collection and control system in compliance 

with §G(1) of this regulation shall comply with the record-keeping requirements in 40 CFR §60.758. 

.21 Control of Volatile Organic Compound (VOC) Emissions from Commercial Bakery Ovens. 

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

B. Terms Defined. 

(1) "Commercial bakery oven (bakery oven)" means an oven with a rated heat input capacity of two MM Btu per hour or 

greater, that is used to bake bread, rolls, or other yeast-raised products. 
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(2) "Fermentation time" means the time elapsed between adding the yeast to the dough or sponge and placing the product 

into the bakery oven, expressed in hours. 

(3) "Yeast percentage" means the pounds of yeast per hundred pounds of total recipe flour, expressed as a percentage. 

(4) "Yt value" means a factor used to predict VOC emission rates from individual bakery ovens that is determined by 

multiplying the weighted yeast percentage (Y) by the fermentation time (t). 

C. Applicability and Exemptions. 

(1) This regulation applies to a person who owns or operates a bakery oven located at a premises that has a total potential to 

emit 25 tons or more of VOC per year. 

(2) Except as provided in §C(4) of this regulation, the provisions of §D of this regulation apply only to the largest bakery 

oven at the premises. 

(3) A person who owns or operates a bakery oven that is not subject to §D of this regulation is subject to §F(2) and (3) of 

this regulation. 

(4) A person who owns or operates a bakery oven at a premises that was constructed before 1942 is exempt from the 

requirements of §D of this regulation until the bakery oven is replaced or modified. 

(5) A person who owns or operates a bakery oven constructed on or after January 1, 1994, and that satisfies the conditions 

in §D(1) of this regulation shall comply with §D(2) of this regulation. 

D. General Requirements. 

(1) Except as provided in §C(2) and (4) of this regulation, a person who owns or operates a bakery oven that exceeds the 

average annual production tonnage of finished bread, rolls, or other yeast-raised products and the Yt value below is subject to

§D(2) and (3) of this regulation: 

(a) 10,000 tons with a Yt value of greater than 11.0; 

(b) 15,000 tons with a Yt value between 8.1 and 11.0; 

(c) 22,500 tons with a Yt value less than 5.0 and 8.0; 

(d) 28,000 tons with a Yt value less than 5.0. 

(2) A person who owns or operates a bakery oven that satisfies the conditions in §D(1) of this regulation may not cause or 

permit the discharge of VOC into the atmosphere unless emissions from the bakery oven are exhausted directly into a control 

device which is installed, operated, and maintained to reduce VOC emissions from the bakery oven by 80 percent or more overall.

(3) Except for a control device that is required to be installed by this regulation after July 15, 1995, a control device 

required by this regulation shall be installed and operated as expeditiously as practicable, but not later than July 15, 1995. 

E. Use of Innovative Control Methods. 

(1) Innovative Control Methods. If the owner or operator of a bakery oven subject to this regulation demonstrates to the 

satisfaction of the Department that an innovative control method has the capability of achieving compliance with this regulation, 

the Department shall allow its use if the conditions in §E(2) of this regulation are met. 

(2) Conditions. 

(a) Upon approval by the Department, the innovative control method shall be installed and stack-tested not later than 

July 15, 1995. 

(b) The owner or operator of the bakery oven on which the innovative control method is installed shall complete basic 

engineering and design of a conventional control system, such as a thermal or catalytic oxidizer, not later than July 15, 1995, and 

be prepared to submit an expeditious schedule to construct the system if the innovative control method fails to achieve 

compliance. 

(c) Determination by Department. 

(i) Upon completing review of the stack test for the innovative control method as required in §E(2)(a) of this 

regulation, the Department shall make a determination as set forth in §E(2)(c)(ii)—(iv) of this regulation. 
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(ii) If compliance is achieved, the Department shall allow continued use of the innovative control method. The bakery 

oven equipped with the innovative control method shall be retested within 24 months after initial approval by the Department. 

(iii) If compliance is not achieved, but an overall emission reduction of 70 percent or greater is achieved, the 

Department shall make a determination to allow modifications to be made to improve performance, to amend this regulation, or a 

combination of both. If a determination is made by the Department to amend this regulation, the amendment shall be submitted to

the U.S. EPA for approval. If a determination is made to allow modification to the innovative control method, the modified 

innovative control method shall be retested not later than 30 days after the modifications are completed, and retested within 24 

months. 

(iv) Upon failure to achieve an acceptable emission reduction, the Department shall notify the owner or operator of the 

bakery oven, and the owner or operator shall immediately begin installation of a conventional control system for which 

preliminary design and engineering were completed. 

(3) Upon failure of the innovative control method at the time of the initial or 24-month retest, the owner or operator of the 

bakery oven may not be considered in violation if the owner or operator acts expeditiously to replace the control method with an 

approved conventional control system. 

F. Reporting and Testing Requirements. 

(1) A person subject to this regulation who installs a control device shall: 

(a) Perform a stack test within 90 days after start-up of the control device using Method 25A under 40 CFR Part 60, 

Appendix A, or other test methods approved by the Department; and 

(b) Submit test reports to the Department within 60 days after completing the required stack tests. 

(2) A person who owns or operates a bakery oven that does not satisfy the conditions in §D(1) of this regulation shall 

maintain production records for that bakery oven and make these records available to the Department on request, and maintain 

these records for a period of not less than 3 years. 

(3) Except as otherwise provided in this regulation, a person who owns or operates a bakery oven that satisfies the 

conditions in §D(1) of this regulation after January 1, 1994, shall notify the Department, and comply with the requirements of 

§D(2) of this regulation within 1 calendar year after the year in which the conditions were satisfied. 

.22 Control of Volatile Organic Compounds from Vinegar Generators. 

A. Applicability. This regulation applies to a person who owns or operates a vinegar generator at a premises that has total 

actual VOC emissions of 20 pounds or more per day from all vinegar generators at the premises. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Scrubber-absorber system" means equipment used to strip VOC from the exhaust gases of a vinegar generator by 

means of direct contact between the effluent gases and the scrubbing medium. 

(2) Vinegar Generator. 

(a) "Vinegar generator" means a fermenting reactor in which a solution of ethanol, wood chips, and nutrients are 

fermented aerobically under controlled conditions to produce vinegar. 

(b) "Vinegar generator" includes an acetator. 

C. General Requirements. A person subject to this regulation may not operate a vinegar generator unless the unit is equipped 

with a scrubber-absorber system or other emission reduction system that has an overall VOC control efficiency of 85 percent or 

greater. 

D. Testing Requirements. A person who owns or operates a vinegar generator subject to this regulation shall: 

(1) Demonstrate compliance by performing an initial stack test by not later than September 15, 1997; 

(2) Perform additional compliance demonstration stack tests at a frequency of not less than once each 5 years beginning 5 

years from the date of the initial compliance test, or at the Department's request; and 

(3) Submit stack test reports to the Department within 60 days after completing each test. 

E. Monitoring and Records. 
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(1) A person who owns or operates a vinegar generator subject to this regulation shall: 

(a) Install and operate a water flow meter on each scrubber-absorber system; and 

(b) Continuously monitor the water flow. 

(2) The water flow rate to the scrubber-absorber system is as prescribed in the source's permit to operate issued by the 

Department. 

(3) Water flow data shall be recorded and maintained for at least 3 years and made available to the Department on request. 

.23 Control of VOC Emissions from Vehicle Refinishing. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Airless spray" means a spray coating method in which the coating is: 

(i) Atomized by forcing it through a small nozzle at high pressure; and 

(ii) Not mixed with air before exiting from the nozzle opening. 

(b) Associated Parts and Components. 

(i) "Associated parts and components" means a structure, device, piece, module, section, assembly, subassembly, or 

element of a motor vehicle or mobile equipment that is designed to be a part of the motor vehicle or mobile equipment but which

is not attached to the motor vehicle or mobile equipment at the time of coating the structure, device, piece, module, section, 

assembly, subassembly, or element. 

(ii) "Associated parts and components" does not include circuit boards. 

(c) Automotive Coating. 

(i) "Automotive coating" means a coating or coating component used or recommended for use in motor vehicle or 

mobile equipment refinishing, service, maintenance, repair, restoration, or modification. 

(ii) "Automotive coating" includes any reference to automotive refinishing or automotive coating recommended for 

use in motor vehicle or mobile equipment refinishing on the container or in product literature. 

(iii) “Automotive coating” does not include metal plating activities. 

(d) Automotive Coating Component. 

(i) "Automotive coating component" means a portion of a coating, including a reducer or thinner, toner, hardener, or 

additive that is recommended by a person to distributors or end-users for use in an automotive coating, or which is supplied for 

use in an automotive coating. 

(ii) "Automotive coating component" does not include raw materials used to produce the components. 

(e) "Automotive pretreatment coating" means a coating that: 

(i) Contains a minimum of 0.5 percent acid by weight and not more than 16 percent solids by weight necessary to 

provide surface etching; and 

(ii) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and 

adhesion. 

(f) "Automotive primer" means a coating labeled and formulated for application to a substrate to provide one or more of 

the following: 

(i) A bond between the substrate and subsequent coats; 

(ii) Corrosion resistance; 

(iii) A smooth substrate surface; and 

(iv) Resistance to penetration of subsequent coats, and on which a subsequent coating is applied. 
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(g) Automotive Refinishing Facility. 

(i) "Automotive refinishing facility" means a shop, business, location, or parcel of land where motor vehicles or 

mobile equipment or their associated parts and components are coated, including auto body collision repair shops. 

(ii) "Automotive refinishing facility" does not include the original equipment manufacturing plant where the new 

motor vehicle or new mobile equipment is completely assembled. 

(h) "CARB" means the California Air Resources Board. 

(i) Cleaning Solvent. 

(i) "Cleaning solvent" means a fluid containing VOC used to perform surface preparation, or cleaning of surface 

coating equipment. 

(ii) "Cleaning solvent" does not include thinners, reducers or other solvents that may be used to adjust the solvent 

content of coatings. 

(j) Color Coating. 

(i) "Color coating" means a pigmented coating, excluding promoters, primers, and multicolor coatings that requires a 

subsequent clear coating and which is applied over a primer, adhesion promoter, or color coating. 

(ii) "Color coating" includes metallic/iridescent color coatings. 

(k) "Electrostatic spray" means the application of charged atomized paint droplets that are deposited by electrostatic 

attraction. 

(l) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound 

(VOC) under COMAR 26.11.01.01B(53). 

(m) "Graphic arts operation" means the application of logos, letters, numbers, or graphics to a painted surface by brush, 

roller, or airbrush. 

(n) "Metallic/iridescent color coating" means a coating that: 

(i) Exhibits more than one color in the dried film after a single application; 

(ii) Is packaged in a single container; 

(iii) Hides surface defects on areas of heavy use; and 

(iv) Is applied over a primer or adhesion promoter. 

(o) "Mobile equipment" means any equipment which may be drawn or is capable of being drawn or driven on a roadway 

or rails including but not limited to: 

(i) Automobiles; 

(ii) Trucks, truck cabs, truck bodies, and truck trailers; 

(iii) Buses; 

(iv) Motorcycles; 

(v) Utility bodies; 

(vi) Camper shells; 

(vii) Mobile cranes; 

(viii) Bulldozers; 

(ix) Street cleaners; 

(x) Golf carts; 

(xi) Ground support vehicles, used in support of aircraft activities at airports; 

(xii) Implements of husbandry or agriculture and farming equipment; and 
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(xiii) Trains and railcars. 

(p) Single-Stage Coating. 

(i) "Single-stage coating" means a pigmented coating, excluding primers and multicolor coatings, labeled and 

formulated for application without a subsequent clear coat. 

(ii) "Single-staged coating” includes single-stage metallic/iridescent coatings. 

(q) "Spot repair" means repair of an area of less than one panel in size on a motor vehicle, piece of mobile equipment, or 

associated parts or components. 

(r) "Temporary protective coating" means a coating labeled and formulated for the purpose of temporarily protecting 

areas from overspray or mechanical damage. 

(s) "Truck bed liner coating" means a coating, excluding clear, color, multicolor, and single-stage coatings, labeled and 

formulated for application to a truck bed to protect it from surface abrasion. 

(t) "Underbody coating" means a coating labeled and formulated for: 

(i) Application to wheel wells; 

(ii) The inside of door panels or fenders; 

(iii) The underside of a truck or hood; or 

(iv) The underside of a motor vehicle. 

(u) "Vehicle refinishing" means the activity of recoating a motor vehicle, mobile equipment or parts of a motor vehicle 

or mobile equipment. 

B. Test Methods. The following test methods shall be used for the purpose of demonstrating compliance with the provisions of 

this regulation. 

(1) VOC Content of Coatings and Solvents. The VOC content of automotive components, automotive coatings, and 

solvents shall be determined by either U.S. EPA Reference Method 24 as it exists in Appendix A of 40 CFR Part 60, 

"Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings or 

South Coast Air Quality Management District (SCAQMD) Method 304-91 "Determination of Volatile Organic Compounds 

(VOC) in Various Materials". 

(2) Exempt Organic Compounds – Methyl Acetate, Acetone, t-Butyl Acetate, and p-Chlorobenzotrifluoride (PCBTF). The 

concentration of the exempt organic compounds methyl acetate, acetone, t-butyl acetate, and PCBTF shall be determined by 

ASTM Designation: D 6133-02, "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl 

Acetate Content of Solventborne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a Gas 

Chromatograph". 

(3) Exempt Organic Compounds – Dichloromethane and 1,1,1,-Trichloroethane. The concentration of the exempt organic 

compounds dichloromethane and 1,1,1-trichloroethane shall be determined by California Air Resources Board (CARB) Method 

432, "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings", adopted September 12, 1989. 

(4) Exempt Organic Compounds. The concentration of exempt compounds shall be determined by either CARB Method 

422, "Determination of Volatile Organic Compounds in Emissions from Stationary Sources" (adopted January 22, 1987) or 

SCAQMD Method 303-91, "Determination of Exempt Compounds (Approved February 1993). 

(5) Acid Content of Coatings. The acid content of pretreatment coatings shall be determined by ASTM Designation: D 

1613-03, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, 

and Related Products" (October 2003). 

(6) Metallic Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality 

Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction", (Approved July 1996). 

(7) Spray Equipment Transfer Efficiency. The spray equipment transfer efficiency shall be determined by SCAQMD Test 

Procedure, "Spray Equipment Transfer Efficiency Test Procedure for Equipment User", (Approved May 24, 1989). 
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(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 measurement of capture efficiency shall be conducted and 

reported in accordance with one or both of the following: 

(a) U.S. EPA Technical Document, "Guidelines for Determining Capture Efficiency" (issued January 9, 1995); or 

(b) 40 CFR 51, Appendix M, Methods 204-204f. 

(11) Emission Control System – Control Efficiency. The control efficiency shall be determined in accordance with one or 

more of the following: 

(a) U.S EPA Reference Method 25, "Determination of Total Gaseous Nonmethane Organic Emissions as Carbon" as it 

exists in Subpart D, Appendix A of 40 CFR 60; 

(b) U.S EPA Reference Method 25A, "Determination of Total Gaseous Organic Concentration Using a Flame Ionization 

Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60; and 

(c) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive 

Infrared Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60. 

C. Incorporation by Reference. In this regulation, the following documents are incorporated by reference. 

(1) U.S. EPA Reference Method 24: Determination of Volatile Matter Content, Water Content, Density, Volume Solids, 

and Weight Solids of Surface Coatings (40 CFR Part 60 Appendix A). 

(2) SCAQMD Method 304-91: “Determination of Volatile Organic Compounds (VOC) in Various Materials". 

(3) ASTM Designation D 6133-02: "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or tButyl Acetate Content of Solvent borne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a 

Gas Chromatograph”. 

(4) CARB Method 432: "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings"(adopted 

September 12, 1989). 

(5) CARB Method 422: “Determination of Volatile Organic Compounds in Emissions from Stationary Sources” (adopted 

January 22, 1987). 

(6) SCAQMD Method 303-91: “Determination of Exempt Compounds” (approved February 1993). 

(7) ASTM Designation D 1613-03: “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates 

Used in Paint, Varnish, Lacquer, and Related Products”. 

(8) SCAQMD Method 318-95: “Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction” 

(approved July 1996). 

(9) SCAQMD Test Procedure: Spray Equipment Transfer Efficiency Test Procedure for Equipment User, approved May 

24, 1989. 

(10) SCAQMD Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, 

September 26, 2002. 

(11) SCAQMD “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems” (dated October 

3, 1989). 

(12) U.S. EPA Technical Document: “Guidelines for Determining Capture Efficiency” (January 9, 1995). 

(13) 40 CFR 51, Appendix M: Methods 204-204f. 
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(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 automotive coating or cleaning solvent for use within the State; 

(b) Manufactures an automotive coating or cleaning solvent for use within the State; or 

(c) Uses or applies an automotive coating or cleaning solvent within the State. 

(2) This regulation does not apply to the following products: 

(a) An automotive coating or cleaning solvent that is offered for sale, sold, or manufactured for: 

(i) Use outside of the State; or 

(ii) Shipment to other manufacturers for reformulation or repackaging; 

(b) An aerosol coating product; 

(c) An automotive coating that is sold, supplied, or offered for sale in 0.5 fluid ounce or smaller containers intended to be 

used by the general public to repair minor surface imperfections; 

(d) A coating applied to motor vehicles or mobile equipment or their associated parts and components during original 

equipment manufacture on an assembly line; 

(e) An automotive coating used in a surface coating process that is subject to Regulation .03 of this chapter; or 

(f) An automotive coating applied to motor vehicles or mobile equipment or their associated parts and components by a 

person who does not receive compensation for the application of the coating. 

(3) The application requirements specified in §G of this regulation do not apply to: 

(a) Graphics arts operations; 

(b) Use of less than one fluid ounce of a coating; or 

(c) The application of: 

(i) Underbody coatings; and 

(ii) Truck bed liner coatings. 

E. General Requirements and Standards. 

(1) VOC Content Limits. 

(a) Except as provided in this regulation, effective July 1, 2013, a person who is subject to this regulation may not 

supply, sell, offer for sale, distribute, or manufacture for use within the State an automotive coating or cleaning solvent with a 

VOC content in excess of the corresponding limit specified in Table 1 of §E(1) or in §E(5) of this regulation. 

(b) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, an 

automotive coating or cleaning solvent for vehicle refinishing that exceeds the VOC content specified in Table 1 of §E(1) or in

§E(5) of this regulation. 

Table 1. VOC Content Limits for Automotive Coatings for <MLF>Motor Vehicle and Mobile Equipment Non-assembly Line 

Refinishing and Recoating. 
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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, including single-stage metallic/iridescent coating 2.8 340 

Temporary protective coating 0.5 60 

Truck bed liner coating 1.7 200 

Underbody coating 3.6 430 

* The VOC content is determined as the weight of volatile compounds (prepared to manufacturer's maximum VOC content), 

less water and exempt compounds, as specified in §E(2) of this regulation. 

 (2) Calculation of VOC Content. For the purpose of determining compliance with the VOC content limits in §E(1) of this 

regulation, the VOC content of an automotive coating shall be determined by using the following procedures, as applicable: 

(a) For the VOC regulatory content for coatings, determine the VOC content in units of grams of VOC per liter of 

coating less water and exempt compounds using the following equation: 

VOC regulatory content = (Wv - Ww - Wec) / (Vm - Vw - Vec) 

 (b) For the VOC actual content for coatings, determine the VOC content in units of grams of VOC per liter of coating 

including the volume of any water, exempt compounds and VOC solvent using the following equation: 

VOC actual content = (Wv - Ww - Wec) / (Vm) 

 (c) For the VOC content for cleaning solvents, other than for bug and tar removal, determine the VOC content in units 

of grams of VOC per liter of solvent using the following equation: 

VOC content = (Wv - Ww - Wec) / (Vm) 

Where: 

VOC content (or actual) = grams of VOC per liter of coating; 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of material (coating or cleaning solvent, including water, exempt compounds, and added solvent) in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

 (3) Most Restrictive VOC Limit. If anywhere on the container of an automotive coating, label or sticker affixed to the 

container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a 
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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 standards specified in §E(4)(a)—(b) of this regulation. 

(d) A person subject to this regulation shall not manufacture, blend, repackage for sale, supply, sell, offer for sale, or 

distribute for use within the State an automotive coating with a VOC content in excess of the limits specified in Table 1 of §E(1) 

of this regulation unless the automotive coating is used exclusively within an emission control system approved under §E(4)(a)—

(b) of this regulation. 

(5) VOC Content Limits for Cleaning Solvents. 

(a) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, a cleaning 

solvent other than for bug and tar removal with a VOC content greater than 25 grams per liter. 

(b) For cleaning solvents used for bug and tar removal, a person may not use or apply to a motor vehicle, mobile 

equipment, or associated part a bug and tar remover greater than 40 percent VOC by weight as set forth in COMAR 

26.11.32.04B. 

F. Prohibitions. A person may not possess the following at a non-assembly line motor vehicle or mobile equipment coating 

operation: 

(1) An automotive coating that is not in compliance with the VOC content limits specified in §E(1) of this regulation; 

(2) An automotive coating not for use with an approved emission control device; or 

(3) A cleaning solvent that does not meet the limits specified in §E(5) of this regulation. 

G. Coating Application Methods. 

(1) Beginning July 1, 2013, a person may not apply an automotive coating subject to this regulation to a motor vehicle, 

mobile equipment, or associated parts and components unless one or more of the following application methods is used: 

(a) Flow or curtain coating; 

(b) Dip coating; 

(c) Roller coating; 

(d) Brush coating; 

(e) Cotton-tipped swab application; 

(f) Electrodeposition coating; 

(g) High volume-low pressure (HVLP) spraying; 

(h) Electrostatic spray; 

(i) Airless spray; or 

(j) An alternative spray equipment coating application method. 

(2) A person who uses an alternative spray equipment coating application method must demonstrate to the satisfaction of 

the Department that the transfer efficiency is equivalent to or higher than HVLP or electrostatic spray application methods using 

the spray equipment transfer efficiency methods under §B(7) and (8) of this regulation based on the following: 

(a) The manufacturer's published technical material on the design of the spray equipment; and 

(b) The operation of the spray equipment using an air pressure tip gauge from the manufacturer of the spray equipment. 
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(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 container that is filled with a device designed to capture atomized mist or spray 

solvent emissions. 

(2) The owner or operator of an automotive refinishing facility or non-assembly line operation subject to this regulation 

shall implement the following work practice standards and training measures: 

(a) Fresh and used automotive coating components, automotive coatings, solvents, and cleaning solvents shall be stored 

in vaportight, nonabsorbent, nonleaking containers that shall be kept closed at all times except when filling or emptying; 

(b) Cloth or paper, or absorbent applicators, moistened with automotive coatings components, automotive coatings, 

solvents, or cleaning solvents shall be stored in closed, vaportight, nonabsorbent, nonleaking containers; 

(c) Handling and transfer procedures to minimize spills during the transfer of automotive coating components, 

automotive coatings, solvents, and cleaning solvents; and 

(d) Ensure that a person who uses or applies automotive coating components, automotive coatings, solvents, or cleaning 

solvents has completed training in the proper use and handling of the automotive coating components, automotive coatings, 

solvents, and waste products in order to minimize the emission of air contaminants and to comply with the provisions of this 

regulation. 

I. Compliance Procedures and Monitoring Requirements. 

(1) Compliance Statement Requirements. 

(a) For each automotive coating product or automotive coating component product, a manufacturer and repackager who 

is subject to the provisions of this regulation shall include the following information on product data sheets or an equivalent

documentation: 

(i) The VOC actual content and VOC regulatory content, as supplied, for the coating product or coating component 

product, expressed in grams per liter, calculated in accordance with §E(2)(a)(i) and (ii) of this regulation; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 

(b) For each ready to spray mixture (based on the manufacturer's and repackager's stated mix ratio) product, the 

manufacturer and repackager shall include the following information on product data sheets or an equivalent documentation: 

(i) The VOC actual content and the VOC regulatory content, as applied, for the coating product or coating component 

product, expressed in grams per liter; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 
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Effective as of November 09, 2012 

(c) The manufacturer and repackager of cleaning solvents subject to this regulation shall include the VOC content of the 

cleaning solvents as supplied, calculated in accordance with the requirements of §E(2)(a)(iii) of this regulation, expressed in

grams per liter, on product data sheets or an equivalent documentation. 

(2) Container Labeling Requirements. The manufacturer and repackager of automotive coatings or automotive coating 

components shall include the following information on all containers or on a label affixed to the container: 

(a) The applicable use category or categories; 

(b) The VOC actual content of the coating or coating component, as supplied, calculated in accordance with the 

requirements of §E(2)(a)(ii of this regulation) and expressed in grams per liter; 

(c) The VOC regulatory content of the coating or coating component as supplied, calculated in accordance with the 

requirements of §E(2)(a)(i) of this regulation and expressed in grams per liter; and 

(d) The manufacturer and repackager of cleaning solvents subject to this rule shall include on all containers, or on a label 

affixed to the container, the VOC content for cleaning solvents, as supplied, calculated in accordance with the requirements of

§E(2)(a)(iii of this regulation) and expressed in grams per liter. 

J. Record Keeping. 

(1) Record-Keeping Requirements for Coatings, Coating Components and Solvents. A person who uses automotive 

coatings, automotive coating components, ready-to-spray coatings (based on the manufacturer's stated mix ratio), or cleaning 

solvents subject to this regulation shall maintain and have available at all times, the following: 

(a) A current list of all coatings, coating components and cleaning solvents used that are subject to this regulation which 

includes the following information for each coating, coating component and cleaning solvent: 

(i) Whether the material is a coating, coating component, or cleaning solvent; 

(ii) Coating, coating component or cleaning solvent name and manufacturer; 

(iii) Application method; 

(iv) Coating type; 

(v) The mix ratio specific to the coating, coating component or cleaning solvent; and 

(vi) The VOC actual content and VOC regulatory content as applied, for each ready to spray or ready to apply coating 

or cleaning solvent and copies of data sheets documenting how the as applied values were determined; 

(b) The VOC actual content and VOC regulatory content as supplied and copies of current manufacturer specification 

sheets, product data sheets, material safety data sheets, technical data sheets, or air quality data sheets documenting the as 

supplied value; and 

(c) Purchase records identifying the following; 

(i) The coating type; 

(ii) Coating, coating component, or cleaning solvent name; and 

(iii) Volume purchased of the coating, coating component or cleaning solvent. 

(2) Record-Keeping Requirements for Emission Control Systems. A person using an emission control system shall maintain 

daily records of the following key system operating parameters which demonstrate continuous operation and compliance of the 

emission control system during periods of VOC emission producing activities: 

(a) Temperatures; 

(b) Pressure drops; and 

(c) Air flow rates. 

(3) The records under this regulation shall be maintained for not less than 3 years and made available to the Department 

upon request. 

K. Administrative Requirements. 

(1) Product Dating. 
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(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 regulation if the code is represented separately from other codes on the automotive coating 

container, label or package so that it is easily recognizable: 

YY DDD 

Where: 

"YY" = two digits representing the year in which the product was manufactured; and 

"DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing 

the first day of the year, "002" representing the second day of the year, and so forth (that is, the "Julian date"). 

(c) The product date or date-code specified in this regulation shall be displayed on each automotive coating container, 

label or package no later than 30 days before the automotive coating is supplied, sold, offered for sale or distributed in the State. 

(d) The date or date-code information shall be located on the automotive coating container, label or package so that it is 

readily observable without irreversibly disassembling a part of the container or packaging. 

(e) For the purposes of this section, information may be displayed on the bottom of a container if it is clearly legible 

without removing any product packaging. 

(f) The requirements of this section do not apply to automotive coatings containing no VOCs. 

(2) Additional Product Dating Requirements. 

(a) If a manufacturer uses a code indicating the month and year of manufacture for an automotive coating subject to this 

regulation, an explanation of the code must be filed with the Department no later than 30 days before the automotive coating is

supplied, sold, offered for sale or distributed in the State. 

(b) If a manufacturer changes a code indicating the month and year of manufacture for an automotive coating subject to 

§K(2)(a) of this regulation, an explanation of the modified code must be submitted to the Department before products displaying

the modified code are supplied, sold, offered for sale or distributed in the State. 

(c) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating the month and 

year of manufacture from a regulated product container without the express authorization of the manufacturer. 

(d) Date code explanations for codes indicating the month and year of manufacture are public information and may not 

be claimed as confidential. 

(3) Sell-Through of Products. An automotive coating, coating component or cleaning solvent subject to this regulation 

manufactured before July 1, 2013 may be supplied, sold, offered for sale, or distributed in the State if the product meets the 

following: 

(a) The automotive coating, coating component or cleaning solvent complied with the standards in effect at the time the 

product was manufactured; and 

(b) The automotive coating, coating component or cleaning solvent meets the product dating requirements of §K(1) of 

this regulation. 

L. Testing Requirements. 

(1) Testing Requirements for Spray Gun Cleaning Systems. 

(a) Active and passive losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system shall 

be determined in accordance with the test methods listed in §B(9) of this regulation. 

(b) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of 105 mm of 

mercury at 20oC. 

(c) The minimum test temperature shall be 15oC. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 09, 2012 

(2) Alternative Test Methods. The use of other test methods which are determined to be equivalent or better and which are 

approved in writing by the Department and the Administrator of the U.S. EPA may be used in place of the test methods specified 

in this regulation. 

.24 Control of VOC Emissions from Leather Coating. 

A. Applicability. This regulation applies to a person who owns or operates a leather coating operation at a premises with 

actual VOC emissions of 20 pounds or more per day from all leather coating operations at the premises. 

B. Definition. In this regulation, "leather coating" means the application of a coating to leather or the impregnation of a 

coating into leather to beautify, protect, or give a finished appearance or quality to the leather. 

C. VOC Emission Requirements. 

(1) Coating Standards. Except as provided in §C(2) of this regulation, a person subject to this regulation may not use any 

coating in leather coating that exceeds 3.5 pounds of VOC per gallon of coating applied minus water and exempt solvents. 

(2) Alternative Method of Compliance. A person subject to this regulation may achieve compliance with the requirements 

in §C(1) of this regulation by installing a control device that reduces total VOC emissions by 85 percent or more, overall. 

D. Testing and Record Keeping. 

(1) Compliance Demonstration. A person subject to this regulation shall demonstrate compliance by one of the following 

methods: 

(a) If complying coatings are used to achieve compliance, submit to the Department by not later than September 1, 1997, 

a list of all coatings used, demonstrating compliance with §C(1) of this regulation; or 

(b) If a control device is used to achieve compliance, perform a stack test by not later than September 1, 1997, and every 

3 years thereafter, demonstrating compliance with §C(2) of this regulation. 

(2) Reporting Requirements. 

(a) If complying coatings are used to achieve compliance, monthly records shall be maintained showing the total volume 

of each coating used and the total premises VOC emissions. 

(b) If a control device is used to achieve compliance, a report of the compliance test required by §D(1)(b) of this 

regulation shall be submitted to the Department not later than 60 days after the date that the test is completed. 

(c) Required records shall be maintained at the premises for a period of not less than 3 years and made available to the 

Department upon request. 

.25 Control of Volatile Organic Compounds From Explosives and Propellant Manufacturing. 

A. Applicability. 

(1) This regulation applies to a person who owns or operates existing equipment at a premises that has a potential to emit 25 

tons or more of VOC per year from all explosives and propellant manufacturing equipment at the premises. 

(2) Section C(2) of this regulation applies to a person who constructs, owns, or operates new equipment that has or will 

have total actual VOC emissions of 50 pounds or more per day. 

B. Definitions. In this regulation, the following terms have the meaning indicated: 

(1) "Existing equipment" means explosives and propellant manufacturing equipment placed in operation before January 1, 

1991. 

(2) "Explosives and propellant manufacturing equipment" means process equipment used to preheat, grind, mix, blend, 

cure, dry, cut, press, extrude, or cast materials to produce energetic materials such as rocket fuels and gun propellants. 

(3) "New equipment" means explosives and propellant manufacturing equipment placed in operation on or after January 1, 

1991. 

(4) "Nitramine propellant manufacturing equipment" means explosives and propellant manufacturing equipment used to 

mix, blend, dry, cut, press, or otherwise manufacture nitramine-based propellants such as low vulnerability ammunition. 

C. General Requirements. 
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(1) A person who owns or operates existing explosives and propellant manufacturing equipment subject to this regulation 

shall: 

(a) Install a VOC control device, having a VOC destruction or removal efficiency of 85 percent or more overall, on all 

active nitramine propellant mixing equipment that has a capacity of 150 gallons or more; 

(b) Prepare and submit for approval by the Department by not later than September 1, 1997, a good operating practices 

manual that when implemented will minimize VOC emissions from all other existing explosive, propellant, and nitramine 

propellant manufacturing equipment; and 

(c) Implement the good operating practices within 30 days after approval by the Department. 

(2) A person who constructs, owns, or operates new equipment subject to this regulation shall reduce emissions from the 

new equipment by 85 percent or more, overall. 

D. Reporting and Testing Requirements. A person subject to this regulation shall: 

(1) By not later than October 1, 1997, submit to the Department: 

(a) A VOC emissions inventory for calendar year 1990 and for each subsequent year through calendar year 1996 for all 

explosives and propellant manufacturing equipment at the premises, and 

(b) A complete permit to construct application for the control device required in §C(1)(a) of this regulation; 

(2) Not later than 90 days after the control device required in §C(1)(a) of this regulation has been installed, perform a stack 

test to demonstrate compliance with the requirements of §C of this regulation; and 

(3) Submit to the Department a stack test report within 60 days after completing the test. 

.26 Control of Volatile Organic Compound Emissions from Reinforced Plastic Manufacturing. 

A. Applicability. 

(1) This regulation applies to reinforced plastic manufacturing at a premises where the total actual VOC emissions from all 

reinforced plastic manufacturing including tooling, touch-up, and repair is 20 pounds or more per day. 

(2) The requirements in this regulation do not apply to polyester resins used for tooling or touch-up and repair. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Clean-up material" means any material used in reinforced plastic manufacturing to clean parts, tools, equipment, and 

work areas. 

(2) "Low styrene resin" means a polyester resin that has a monomer content of 35 percent or less by weight as applied. 

(3) "Monomer" means a low molecular weight organic compound that reacts with itself or other similar compounds to 

produce a polyester resin. 

(4) "Non-VOC cleanup material" means a material that is used to clean products, tools, process equipment, and other 

equipment used in the manufacture of reinforced plastic products and contains less than 5 percent VOC by weight or a material 

that has a VOC partial pressure not exceeding 0.74 pound per square inch. 

(5) "Polyester resin (resin)" means a mixture of true esters dissolved in a polymerizable monomer such as styrene. 

(6) "Reinforced plastic manufacturing" means the curing of polyester resins with fiberglass, inert fillers, or other 

reinforcement materials. 

(7) "Specialty resin" means a polyester resin used in special applications involving high strength, corrosion resistance, fire 

resistance, or gel coat. 

(8) "Tooling" means the production of molding tools such as shapes, matrixes, molds, or other instruments and utensils that 

are used during reinforced plastic manufacturing. 

(9) "Touch-up and repair" means small quantity use of polyester resin to repair minor surface damage or imperfections, 

where the total polyester resin used is less than 1 percent of the total quarterly polyester resin used as reported in §D(1) of this 

regulation. 

C. Requirements. 
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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-assisted airless spray gun; 

(b) A low pressure nozzle; 

(c) A pressure-fed roller or flow coater; or 

(d) Some other nonatomized resin application technique. 

(3) A person subject to this regulation who uses a specialty resin may not use a specialty resin with a monomer content 

exceeding 50 percent by weight as applied. 

(4) A person subject to this regulation shall use non-VOC cleanup materials. 

D. Record Keeping. 

(1) A person subject to this regulation shall maintain records that provide the following information: 

(a) A description of each polyester resin material used; and 

(b) The total weight and VOC content of each polyester resin material used quarterly. 

(2) Records shall be maintained for not less than 3 years and made available to the Department upon request. 

.27 Control of Volatile Organic Compounds from Marine Vessel Coating Operations. 

A. Applicability. This regulation applies to marine vessel coating operations at a premises where the total potential to emit 

VOC emissions equals or exceeds 25 tons (22.75 metric tons) per year or actual emissions of 20 pounds (9 kilograms) per day 

from all marine vessel coating operations at the premises. 

B. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Air flask coating" means a special composition coating applied to interior surfaces of high pressure breathing air flasks 

to provide corrosion resistance. 

(2) "Antenna coating" means a coating applied to equipment on a vessel through which electromagnetic signals must pass 

for reception or transmission. 

(3) "Antifoulant coating" means a coating that is: 

(a) Applied to the underwater portion of a vessel to prevent or reduce the attachment of biological organisms; and 

(b) Registered with the EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act. 

(4) "Chemical agent resistant coatings (CARC)" means an exterior topcoat applied to military or U.S. Coast Guard ships 

that are subject to specific chemical, biological, and radiological washdown requirements. 

(5) "Heat resistant coating" means a coating that during normal use must withstand a temperature of at least 204°C (400°F). 

(6) "High-gloss coating" means a coating that achieves at least 85 percent reflectance on a 60 degree meter when tested by 

ASTM Method D-523. 

(7) "High-temperature coating" means a coating that during normal use must withstand a temperature of at least 426°C 

(800°F). 

(8) "Inorganic zinc (high-build) coating" means a coating that contains 8 pounds (3.6 kilograms) or more elemental zinc 

incorporated into an inorganic silicate binder that is applied to steel to provide galvanic corrosion resistance. 

(9) "Marine vessel coating operation" means the application of coatings to a ship. 

(10) "Mist/tack coating" means a low viscosity, thin film, epoxy coating applied to but not limited to an inorganic zinc 

primer. 

(11) "Navigational aids coating" means a coating applied to Coast Guard buoys or other Coast Guard waterway markers. 

(12) "Nonskid coating" means a coating applied to the surfaces of a ship for the purpose of providing slip resistance. 
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(13) "Nuclear coating" means a protective coating used to seal porous surfaces such as steel or concrete that otherwise 

would be subject to intrusion by radioactive materials. 

(14) "Organic zinc coating" means a coating derived from zinc dust incorporated into an organic binder, that: 

(a) Contains more than 8 pounds (3.6 kilograms) of elemental zinc per gallon of coating, as applied; and 

(b) Is used for the express purpose of corrosion protection. 

(15) "Pretreatment wash primer coating" means a coating that contains a minimum of 0.5 percent acid, by weight, and is 

applied only to bare metal to etch the surface and enhance adhesion of subsequent coatings. 

(16) "Rubber camouflage coating" means a specially formulated epoxy coating used as a camouflage topcoat for exterior 

submarine hulls and sonar domes. 

(17) "Sealant coating" means an epoxy coating applied over thermal spray aluminum surfaces. 

(18) Ship. 

(a) "Ship" means a marine vessel used for military or commercial operations, including self-propelled vessels, those 

propelled by other craft (barges), and navigational aids (buoys and markers). 

(b) "Ship" includes: 

(i) All military and Coast Guard vessels; 

(ii) Commercial cargo and passenger (cruise) ships; 

(iii) Ferries; 

(iv) Barges; 

(v) Tankers; 

(vi) Container ships; 

(vii) Patrol and pilot boats; and 

(viii) Dredges. 

(c) "Ship" does not include offshore oil and gas drilling platforms unless they are moved to an on-shore marine vessel 

coating operation. 

(19) "Special marking coating" means a coating that is used for safety or identification applications. 

(20) "Specialty interior coating" means a coating used on interior surfaces aboard U.S. military vessels pursuant to a 

coating specification that requires that the coating have specified fire retardant properties and a toxicity index of less than 0.03, in 

addition to the otherwise applicable military physical and performance requirements. 

(21) "Thermoplastic coating" means a vinyl, chlorinated rubber, acrylic, or bituminous resin coating that is used to recoat a 

vessel with the same type of coating as its existing coating. 

(22) "Undersea weapons systems coating" means a coating applied to any component of a weapons system intended to be 

launched or fired from under the sea. 

(23) "Weld-through (shop) preconstruction primer" means a coating which provides temporary corrosion protection for 

steel while it remains in inventory. 

C. Coating Requirements. 

(1) Except as provided in §C(5) of this regulation, a person who owns or operates a marine vessel coating operation subject 

to this regulation may not apply a coating that exceeds the standards in §C(2), (3), and (4) of this regulation. 

(2) Coating Standards. 

Coating Maximum VOC content Pounds per Gallon as applied (Grams per Liter) 

Air flask 2.83 (340) 
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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 applicable category. 

(4) Any other coating used in a marine vessel coating operation not listed in §C(2) of this regulation may not exceed a VOC 

content of 2.83 pounds per gallon (340 grams per liter), as applied. 

(5) A person who owns or operates a marine vessel coating operation subject to this regulation may apply a coating that 

exceeds the VOC content established in this regulation if: 

(a) The VOC content of the coating does not exceed the otherwise applicable standard in §C(2), (3), or (4) of this 

regulation by more than 20 percent; and 

(b) The coating exceeding the standards in §C(2), (3), or (4) of this regulation is used only during the period from 

November 1 of a year through March 31 of the following year. 

D. Cleanup requirements. A person who owns or operates a marine vessel coating operation subject to this regulation shall 

take reasonable precautions to minimize the release of VOC into the atmosphere including: 

(1) Storing all waste materials containing VOC, including cloth and paper, in closed containers; 

(2) Maintaining lids on any VOC-bearing materials when not in use; and 

(3) Using enclosed containers or VOC recycling equipment to clean spray gun equipment. 

E. Compliance with the requirements of this regulation shall be achieved using the test methods and procedures in Regulation 

.02 of this chapter. 

F. Record Keeping. 

(1) A person who owns or operates a marine vessel coating operation subject to this regulation shall maintain the following 

records: 

(a) The monthly total volume and VOC content of each coating and coating solvent used that contain VOCs; and 

(b) The monthly total volume and VOC content of each cleanup solvent used that contains VOCs. 

(2) Records shall be retained for 3 years and be made available to the Department on request. 
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(3) Compliance with the record-keeping requirements in §F(1) and (2) of this regulation constitutes compliance with 

Regulation .02F of this chapter. 

.27-1 Control of Volatile Organic Compounds from Pleasure Craft Coating Operations. 

A. Applicability and Exemptions. 

(1) The requirements of this regulation apply to pleasure craft and fiberglass boat coating operations at a premises with 

actual VOC emissions of 15 pounds or more per day from coating operations as determined on a monthly average, on or after 

January 1, 2013. 

(2) The requirements of this regulation do not apply to: 

(a) Coatings applied using a hand-held, pressurized, nonrefillable container which expels coatings from the container in a 

finely divided spray when a valve on the container is depressed; 

(b) Coatings that are applied to: 

(i) Recoat portions of a product which has sustained mechanical damage to the coating following normal painting 

operation; or 

(ii) Cover minor coating imperfections appearing after the main coating operation; or 

(c) Coatings or resins applied during the manufacturing process. 

B. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Define. 

(a) “Antifouling sealer/tiecoat” means a coating applied over a biocidal antifouling coating for the purpose of preventing 

the release of biocides into the environment or to promote adhesion between an existing antifouling coating and a primer or 

between an existing antifouling coating and other antifouling coatings. 

(b) “Extreme high gloss coating” means any coating which achieves at least 95 percent reflectance on a 60o meter when 

tested by ASTM Method D 523-89. 

(c) “Fiberglass boat” means any type of vessel, other than a seaplane, that can be used for transportation on the water, in 

which either the hull or deck is built from a composite material consisting of a polyester resin or other thermosetting resin matrix 

reinforced with fiberglass (glass fibers), inert filler, or other reinforcing materials such as fibers of carbon, aramid, or other 

material. 

(d) “Finish primer/surfacer” means a coating applied with a wet film thickness of less than 10 mils prior to the 

application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or 

promoting a uniform surface necessary for filling in surface imperfections. 

(e) “High build primer/surfacer” means a coating applied with a wet film thickness of 10 mils or more prior to the 

application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or 

promoting a uniform surface necessary for filling in surface imperfections. 

(f) “Pleasure craft” means vessels which are manufactured or operated primarily for recreational purposes, or leased, 

rented, or chartered to a person or business for recreational purposes. 

(g) “Pleasure craft coating” means any parts and products coating, except unsaturated polyester resin (fiberglass) 

coatings, applied by brush, spray, roller, or other means to a pleasure craft. 

(h) “Pretreatment wash primer” means a coating which contains no more than 25 percent solids by weight and at least 

0.1 percent acids by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide 

corrosion resistance and adhesion of subsequent coatings. 

(3) All definitions provided in COMAR 26.11.19.27B also apply in this regulation except for those definitions specifically 

provided in §B(2) of this regulation. 
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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. 
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(b) "Scrubber system" means a control device that strips VOC from the exhaust gases of a bread drying operation by 

means of direct contact between the effluent gases and the scrubbing medium. 

C. General Requirements. 

(1) A person who owns or operates a bread drying operation that has a potential to emit VOC emissions of 25 tons or more 

per year may not cause or allow VOC emissions into the atmosphere unless the bread drying operation is equipped with: 

(a) A scrubber system that has an overall VOC reduction efficiency of 85 percent or greater; or 

(b) An alternative control device approved by the Department that will reduce VOC emissions overall by 85 percent or 

greater. 

(2) A person who installs a scrubber system shall: 

(a) Equip the scrubber system with a water flow meter to continuously measure and record the water flow to the scrubber 

system; 

(b) Measure and record the water flow rate when performing a compliance stack test conducted in accordance with §E of 

this regulation; 

(c) Submit the water flow rate information to the Department for approval as part of the stack test report; and 

(d) Maintain the water flow rate approved by the Department at all times when the bread drying operation is in use. 

(3) A variation of 10 percent or more of the approved water flow rate constitutes a violation of §C(1) of this regulation 

unless a different water flow rate is approved by the Department. 

(4) The Department may adjust the approved water flow rate based on future stack test results performed in accordance 

with §E of this regulation. 

(5) The Department will approve a different water flow rate if it is demonstrated to the satisfaction of the Department that 

the different water flow rate will reduce VOC emissions by at least 85 percent overall. 

D. Alternative Control Devices. 

(1) A person who installs an alternative control device shall measure and record the process conditions when performing a 

compliance stack test and submit that information to the Department as part of the stack test report. 

(2) If an alternative control device is used, the process conditions reported during a compliance stack test shall be included 

as conditions to the source's permit to operate. 

E. Testing Requirements. A person who owns or operates a bread drying operation subject to the requirements in §C(1) of this 

regulation shall: 

(1) Demonstrate compliance by performing an initial stack test within 120 days of installing an emission control system 

unless the Department approves a different date; 

(2) Perform additional compliance demonstration stack tests at least once every 5 years after the initial compliance test 

unless the Department approves a different frequency; and 

(3) Submit stack test reports to the Department within 60 days following completion of each test. 

F. Monitoring and Records. 

(1) A person who installs a scrubber system or an alternative control device on a bread drying operation shall continuously 

monitor and record the water flow rate to the scrubber system or the process conditions approved by the Department and included

in the source's permit to operate. 

(2) A person who owns or operates a bread drying operation shall maintain the following monthly records: 

(a) The types and input rates for all materials processed; and 

(b) The estimated monthly VOC emissions. 

(3) All records required under this regulation shall be maintained for at least 5 years and be made available to the 

Department upon request. 
DEPARTMENT OF THE ENVIRONMENT 

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.29 Control of Volatile Organic Compounds From Distilled Spirits Facilities. 

A. Applicability. This regulation applies to a person who owns or operates a distilled spirits facility that has a total potential to 

emit VOCs of 25 tons or more per year. 

B. Definitions. 

(1) In this regulation, the following terms have the meaning indicated. 

(2) Terms Defined. 

(a) "Aging warehouse" means a building in which distilled spirits are aged in barrels before being bottled and packaged 

for distribution. 

(b) "Automated filling system" means an automated bottle filling system that minimizes fugitive VOC emissions by 

rapidly filling individual containers with the assistance of gravity and creating a vacuum or pressure during the bottling operation. 

(c) "Bottling operation" means an automated process by which empty bottles are filled with distilled spirits and sealed. 

(d) Distilled Spirits. 

(i) "Distilled spirits" means an alcoholic beverage such as rum, gin, vodka, bourbon, or whiskey. 

(ii) "Distilled spirits" does not include beer or ale. 

(e) "Distilled spirits facility" means a process where unaged distilled spirits are received in bulk, adjusted to a designated 

proof, pumped into barrels, stored in an aging warehouse, bottled, and packaged. 

C. General Requirements. 

(1) A person who owns or operates a distilled spirits facility subject to this regulation shall: 

(a) Empty barrels using a pump-operated, bayonet-type suction device, or comparably effective device that minimizes 

VOC evaporative losses when emptying barrels; 

(b) Drain distilled spirits from filter plates that are located between the barrel unloading and storage tanks to either a 

recycling tank or to an enclosed collection system; and 

(c) Use a gravity and vacuum or pressure filling system or comparably effective system to minimize fugitive emissions 

from the bottling operations. 

(2) During the warmer weather, used barrels that are stored in the outdoors awaiting disposal shall be periodically (at least 

weekly) wetted down to reduce potential leakage and fugitive emissions. 

D. Control of Other Fugitive Emission Sources. 

(1) A person who owns or operates a distilled spirits facility subject to this regulation shall submit to the Department for 

approval a good operating practices manual to minimize fugitive VOC emissions from the aging warehouse and other operations 

that are not subject to §D of this regulation. 

(2) The good operating practices manual shall be submitted to the Department not later than April 30, 2001, and shall be 

implemented not later than 60 days after approval by the Department. 

(3) Following implementation of the approved good operating practices, a report shall be submitted to the Department 

which includes the following information: 

(a) An identification of the sources of fugitive emissions at which good operating practices will be implemented; 

(b) A description of a method used to estimate emissions and estimated annual emissions for each source of fugitive 

emissions identified; and 

(c) A description of the method used to estimate the emission reduction resulting from implementing good operating 

practices and an estimate of the annual reductions achieved. 

(4) The report required in §D(3) of this regulation shall include emissions and emission reduction estimates for calendar 

year 2001 and shall be submitted to the Department by April 1, 2002. 

.30 Control of Volatile Organic Compounds from Chemical Production and Fluoropolymer Material Installations. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 
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B. Terms Defined. 

(1) "Back-up control device" means a control device that is used when the primary control device is not available for use. 

(2) "Chemical intermediate" means a synthesized chemical that is further processed to produce a final chemical product. 

(3) "Control device" means equipment that is used primarily to destroy or reduce VOC emissions before they are 

discharged into the atmosphere. 

(4) "Dipping trough" means a component of an FPM shaping and forming process consisting of a shallow pan containing 

VOC that is used to maintain flexibility of the FPM product. 

(5) "Fluoropolymer material (FPM)" means an inert fluorinated chemical that includes polytetrafluoroethylene or similar 

materials and is processed with other materials to produce products that are temperature resistant, chemically inert, and weather 

durable. 

(6) "FPM coating installation" means an installation that applies a coating to FPM or an FPM product. 

(7) FPM Process Installation. 

(a) "FPM process installation" means an installation that treats FPM so that its shape or form is permanently changed and 

that results in VOC emissions into the air. 

(b) "FPM process installation" does not include an FPM coating installation. 

(8) Inorganic Chemical Production Installation. 

(a) "Inorganic chemical production installation" means process equipment used for the production of inorganic chemicals 

when associated with drying or product treatment equipment that involves the use of VOCs. 

(b) "Inorganic chemical production installation" does not include an FPM installation. 

(9) "Organic chemical production installation" means process equipment that operates independently or in combination 

with other equipment including reactors, distillation columns, evaporators, strippers and other similar chemical processing 

equipment to produce a single chemical intermediate or final product. 

(10) Product Condenser. 

(a) "Product condenser" means chemical processing equipment that is used to condense process vapors and return the 

condensate to the process for the primary purpose of maintaining process conditions, product quality, safe operations, or 

economic benefit. 

(b) A "product condenser" that is part of an organic chemical production installation or inorganic chemical production 

installation is not considered a control device. 

(11) "Total actual uncontrolled VOC emissions" means the actual VOC emissions from an installation or the VOC 

emissions from an installation without considering controls. 

C. Applicability. 

(1) Section D of this regulation applies to a person who owns or operates an organic chemical production installation or an 

inorganic chemical production installation at a premises that, on any day, has actual uncontrolled VOC emissions of 20 pounds or 

more per day. 

(2) A person who owns or operates an installation subject to the requirements in this regulation is not, for that installation, 

subject to any other regulation included under: 

(a) This chapter, except Regulations .01, .02, and .16 of this chapter; 

(b) COMAR 26.11.35, if monthly records are maintained to demonstrate that VOC emissions from: 

(i) The application of all adhesives, sealants, adhesive primers, and sealant primers do not exceed 400 pounds per 

year; and 

(ii) Adhesive manufacturing do not exceed 200 pounds per year. 

(3) Section E of this regulation applies to a person who owns or operates an FPM process installation or FPM coating 

installation that, on any day, has total actual uncontrolled VOC emissions of 20 pounds or more. 
DEPARTMENT OF THE ENVIRONMENT 

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D. General Requirements for Organic Chemical Production Installations and Inorganic Chemical Production Installations. 

(1) A person who owns or operates an organic chemical production installation or an inorganic chemical production 

installation at a premises that has total uncontrolled VOC emissions of 100 pounds or more per day shall duct each process vent

and exhaust line from any installation with actual emissions of 20 pounds or more per day into a control device that has a VOC 

destruction or removal efficiency of at least 90 percent, overall. 

(2) A person who owns or operates an organic chemical production installation or an inorganic chemical production 

installation at a premises that has total uncontrolled VOC emissions of 20 pounds or more per day, but less than 100 pounds per

day, shall prepare a manual that identifies good operating practices and procedures that are designed to minimize emissions of 

VOC from the premises. 

(3) The good operating practices and procedures required in §D(2) of this regulation shall be implemented by March 30, 

2002, and made available to the Department upon request. 

(4) A person who owns or operates an organic chemical production installation and complies with §D(1) of this regulation 

and later cannot achieve compliance because of an unavoidable outage or malfunction of the primary control device shall either:

(a) Discontinue operation until the primary control device is returned to proper service; or 

(b) Use a back-up control device that is approved by the Department. 

(5) The back-up control device under §D(4)(b) of this regulation may not be used more than 10 percent of the annual 

operating time of the affected installation during any calendar year unless a longer period is approved by the Department. 

E. General Requirements for FPM Process Installations. 

(1) A person who owns or operates an FPM process installation that has actual uncontrolled VOC emissions of 50 pounds 

or more per day shall vent the emissions into a thermal oxidizer system or other control method approved by the Department to 

destroy or reduce VOC emissions by 85 percent or more, overall. 

(2) If a thermal oxidizer is installed, the oxidizer combustion chamber shall be: 

(a) Operated at a minimum combustion chamber temperature of 1400°F or other temperature approved by the 

Department that is demonstrated to achieve compliance with this regulation; 

(b) Equipped with a continuous temperature monitor to record the oxidizer temperature; and 

(c) Equipped with an alarm system that alerts the operator when the oxidizer combustion chamber temperature is less 

than the approved temperature; and 

(d) Equipped with an interlock system that prevents operation of the FPM installation unless the approved control system 

is operating. 

(3) If a source uses an alternative control method approved by the Department, the alternative control method shall be 

monitored as required by the Department. 

(4) Equipment that is installed for the purpose of treating emissions or monitoring shall be operated, maintained, and as 

applicable, calibrated in accordance with the equipment vendor's specifications. 

(5) A person who owns or operates an FPM compounding and tape or shape-forming installation shall minimize fugitive 

emissions of VOC by: 

(a) Immediately enclosing all wet FPM during storage; and 

(b) Covering dipping troughs when not in operation. 

(6) A person who owns or operates an FPM coating installation that has actual uncontrolled VOC emissions of 20 pounds 

or more per day may not use a coating that has a VOC content exceeding 2.9 pounds per gallon unless the installation is equipped 

with a control device that meets the requirements in §E(2), (3), and (4) of this regulation. 

F. Demonstration of Compliance. Compliance with this regulation shall be demonstrated using the applicable VOC test 

methods specified in COMAR 26.11.01.04C or other test method approved by the Department. 

.31 Control of Volatile Organic Compounds from Medical Device Manufacturing. 

A. Definitions. In this regulation, the following terms have the meanings indicated. 
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B. Terms Defined. 

(1) "Biopassive coating" means a coating applied to a product to reduce blood coagulation. 

(2) "Fixed needle syringe process" means insulin syringe assembly process with silicone and glue application, barrel 

printing, and drying. 

(3) "Hypodermic needle process" means a standard syringe assembly process with silicone and glue application, barrel 

printing, and drying. 

(4) "Medical device" means a device intended for use: 

(a) In the diagnosis of disease or other conditions; or 

(b) In the cure, mitigation, treatment, or prevention of disease. 

(5) "Medical device manufacturing installation" means a process or operation that causes VOC emissions during the 

manufacture of medical devices. 

C. Applicability. 

(1) This regulation applies to a person who owns or operates a medical device manufacturing installation at a premises that 

emits, or has the potential to emit, 100 pounds or more per day of VOC emissions from all medical device manufacturing 

installations. 

(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. 
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(1) "Basecoat" means a coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other 

opaque finishing materials, and is usually top-coated for protection. 

(2) Clear Topcoat. 

(a) "Clear topcoat" means the final coating which contains binders but not opaque pigments and which is specifically 

formulated to form a transparent solid protective film on wood substrates. 

(b) "Clear topcoat" includes clear brushing lacquers, clear lacquers, sanding sealers, and varnishes. 

(3) "Conversion varnish" means a clear acid curing coating with an alkyd or other resin blended with amino resins, which: 

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring 

to produce a hard, durable, clear finish; and 

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a trans-etherification at the 

reactive ethers of the amino resins. 

(4) "Daily weighted average" means the volume-weighted VOC content, expressed in grams VOC per liter (or pounds VOC 

per gallon) of all coatings, less water and exempt compounds, as applied on a given day. 

(5) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound (VOC) 

under COMAR 26.11.01.01B. 

(6) "Filler" means a preparation used to fill in cracks, grains, and imperfections of wood before applying a coating. 

(7) "Paint remover or stripper" means a product designed to strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the substrate. 

(8) Pigmented Coating. 

(a) "Pigmented coating" means opaque coatings that contain binders and colored pigments. 

(b) "Pigmented coating" includes opaque coatings that are formulated to conceal the wood surface either as an undercoat 

or a topcoat. 

(9) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm bind between the 

substrate and subsequent coats. 

(10) "Sealer" means coatings containing binders that seal a wood surface prior to application of subsequent coatings. 

(11) "Stain" means a clear, semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but 

not conceal the grain pattern or texture. 

(12) "Topcoat" means the last film-building finishing material that is applied in a finishing system. 

(13) "Washcoat" means a coating containing not more than 1 pound of solids per gallon designed to seal wood surfaces, 

prevent undesired staining, and control penetration. 

(14) Wood Coating Operation. 

(a) "Wood coating operation" means an operation used to coat any product made of wood, a wood product such as rattan 

or wicker, or an engineered wood product such as particleboard. 

(b) "Wood coating operation" does not include residential noncommercial operations and flat wood paneling coating 

subject to Regulation .33 of this chapter. 

C. Applicability. The requirements of this regulation apply to a person that owns or operates a wood coating operation with 

actual VOC emissions of 20 pounds or more per operating day from all wood coating operations at the premises determined on a 

monthly average. 

D. General Requirements. 

(1) Spray Gun Application. A person subject to this regulation that applies a coating with a spray gun shall use a high 

volume-low pressure (HVLP) spray gun or other high efficiency application method approved by the Department. 
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(2) Alternative Compliance Method. A person subject to this regulation may achieve compliance with the requirements of 

this regulation through use of a control device that reduces emissions from the wood coating operation by not less than 90 percent 

overall. 

E. VOC Content Limits. 

(1) A person subject to this regulation shall meet the VOC content limits for coatings described in Table 1: 

Table 1 

VOC Content Limits of Coatings as Applied, Less Water and Exempt Compounds 

Coating Category Grams per Liter Pounds per Gallon 

Stains 250 2.1 

Washcoats, topcoats, and basecoats 420 3.5 

Primers and sealers 200 1.7 

Pigmented coatings 550 4.6 

Clear topcoats 680 5.7 

Conversion varnishes 725 6.1 

 (2) Daily Weighted Average Option. A person may demonstrate compliance by showing that the daily weighted average 

VOC of all compliant and noncompliant coatings used is equal to or less than 398 grams per liter (3.3 pounds per gallon). 

(3) A person subject to this regulation shall meet the VOC content limits for non-coating materials described in Table 2: 

Table 2 

VOC Content Limits of Non-Coating Materials as Applied, Less Water and Exempt Compounds 

Non-Coating Materials Grams per Liter Pounds per Gallon 

Fillers 500 4.2 

Paint removers and strippers 350 2.9 

Adhesives 120 1.0 

F. Record Keeping Requirements. 

(1) A person subject to this regulation shall maintain a monthly record of: 

(a) The quantity of all coatings and materials used (liters); and 

(b) Material data sheets, material lists, container labeling or records sufficient to show the VOC content of all coatings 

and materials used. 

(2) A person demonstrating compliance using the daily weighted average of coatings as provided in §E(2) of this regulation 

shall maintain records sufficient to show daily compliance. 

(3) Records shall be maintained for at least 2 years and made available to the Department upon request. 

.33 Control of Volatile Organic Compounds (VOCs) Emissions from Flat Wood Paneling Coatings. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 
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(a) "Class II finishes on hardboard panels" means finishes on panels that: 

(i) Are manufactured primarily from inter-felted lignocellulosic fibers that are consolidated under heat and pressure in 

hot-press; and 

(ii) Meet the specifications of the American National Standard, ANSI A135.5-2004, Prefinished Hardboard Paneling, 

as approved by the American National Standards Institute (ANSI). 

(b) "Exterior siding" means flat wood paneling intended for use in commercial or residential construction, generally as a 

covering for an outside wall. 

(c) "Flat wood paneling" means any interior or exterior siding or paneling manufactured with wood, plywood, 

particleboard, tileboard, or waferboard that is used in residential and commercial construction. 

(d) "Hardwood plywood" means plywood whose surface layer is a veneer of hardwood. 

(e) "Natural finish hardwood plywood panels" means hardwood plywood panels whose original grain pattern is enhanced 

by essentially transparent finishes frequently supplemented by fillers and toners. 

(f) "Printed interior panels" means panels whose grain or natural surface is obscured by fillers and basecoats, upon which 

a simulated grain or decorative pattern is printed. 

(g) "Thin particleboard" means a manufactured board that has a thickness of 1/4 inch (0.64 cm) or less made of 

individual wood particles that have been coated with a binder and formed into flat sheets by pressure. 

(h) "Tileboard" means paneling that meets the specifications for Class I hardboard established by American National 

Standard, ANSI A135.4-2004, Basic Hardboard, as approved by the ANSI. 

B. Incorporation by Reference. In this regulation the following documents are incorporated by reference: 

(1) ANSI A135.5-2004, Prefinished Hardwood Paneling (approved March 11, 2004). 

(2) ANSI A135.4-2004, Basic Hardboard (approved March 11, 2004). 

C. Applicability. Coatings applied to stationary structures or their appurtenances or portable buildings at the site of installation 

are exempt from this regulation. 

D. Requirements for Flat Wood Paneling Coating. A person who applies flat wood paneling coatings, including inks and 

adhesives, where total precontrol VOC emissions from all flat wood paneling coating operations at a premises is 15 pounds or 

more per day (6.8 kg/day) shall meet the coating standards or overall control efficiency specified in the following table: 

Surface Coatings, Inks or Adhesives 

Applied to the Following Flat Wood 

Paneling Categories 

Emission Limits 

Pound VOC per Gallon 

(grams VOC/ Liter of 

Material) 

Pound VOC per Gallon 

Solids (grams VOC/ Liter 

Solids) 

Overall Control Efficiency 

Using an Add-On Control 

Device 

(1) Printed interior panels made of 

hardwood plywood or thin particleboard 2.1 (250) 2.9 (350) 90% 

(2) Natural finish hardwood plywood 

panels 2.1 (250) 2.9 (350) 90% 

(3) Class II finishes on hardboard panels 2.1 (250) 2.9 (350) 90% 

(4) Tileboard 2.1 (250) 2.9 (350) 90% 

(5) Exterior siding 2.1 (250) 2.9 (350) 90% 
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Administrative History 

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

Regulations .01C and .10 amended effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .12—.14 adopted effective June 8, 1981 (8:9 Md. R. 800) 

Regulations .01—.14 repealed effective August 16, 1983 (10:14 Md. R. 1262) 

—————— 

Regulations .01—.14 adopted effective August 16, 1983 (10:14 Md. R. 1262) 

Regulation .01B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .02B amended effective August 19, 1984 (11:14 Md. R. 1250) 

Regulation .02B—F amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .03 repealed and new Regulation .03 adopted effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .10B amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .13 amended effective August 10, 1987 (14:14 Md. R. 1572) 

Regulation .15 adopted effective August 10, 1987 (14:14 Md. R. 1572) 

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

—————— 

Chapter recodified from COMAR 10.18.21 to COMAR 26.11.19 

Regulation .01B amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726); May 8, 1995 (22:9 Md. R. 653); June 5, 1995 (22:11 

Md. R. 823) 

Regulation .02 amended effective May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 726) 

Regulation .02A amended effective May 8, 1995 (22:9 Md. R. 653) 

Regulation .02B amended effective May 4, 1998 (25:9 Md. R. 680) 

Regulation .02D amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306); March 5, 2012 (39:4 Md. R. 339) 

Regulation .02E amended effective March 5, 2012 (39:4 Md. R. 339) 

Regulation .02G amended effective May 8, 1995 (22:9 Md. R. 653); ; March 5, 2012 (39:4 Md. R. 339) 

Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2131) 

Regulation .03 repealed and new Regulation .03 adopted effective September 22, 1997 (24:19 Md. R. 1344) 

Regulation .06 amended effective November 1, 2010 (37:22 Md. R. 1555) 

Regulation .07 amended effective May 8, 1991 (18:6 Md. R. 688); June 5, 1995 (22:11 Md. R. 823); August 24, 1998 (25:17 Md. R. 1362); effective April 19, 

2010 (37:8 Md. R. 622) 

Regulation .07A amended adopted effective August 19, 1991 (18:16 Md. R. 1813); February 15, 1993 (20:3 Md. R. 260) 

Regulation .07D adopted effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .07F adopted effective September 8, 1997 (24:18 Md. R. 1288) 

Regulation .07-1 adopted effective June 15, 1998 (25:12 Md. R. 949) 

Regulation .09B amended effective February 17, 1992 (19:3 Md. R. 306) 

Regulation .09 repealed and new Regulation .09 adopted effective June 5, 1995 (22:11 Md. R. 823) 

Regulation .09-1 adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .10 amended effective May 8, 1991 (18:6 Md. R. 688); June 5, 1995 (22:11 Md. R. 823); adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .10C amended effective April 26, 1993 (20:8 Md. R. 726) 

Regulation .10-1 adopted effective April 19, 2010 (37:8 Md. R. 622) 

Regulation .11 adopted effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .11 amended effective June 5, 1995 (22:11 Md. R. 823); October 31, 2011 (38:22 Md R. 1347) 

Regulation .11B and C amended effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .12 amended effective June 20, 1989 (16:9 Md. R. 995); July 16, 1990 (17:11 Md. R. 1344); September 22, 1997 (24:19 Md. R. 1344) 

Regulation .12F amended effective August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306) 

Regulation .13 amended effective May 16, 2011 (38:10 Md. R. 617) 

Regulation .13B amended effective May 8, 1991 (18:6 Md. R. 688); September 22, 1997 (24:19 Md. R. 1344); August 24, 1998 (25:17 Md. R. 1362) 

Regulation .13B amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .13-1 adopted effective September 22, 1997 (24:19 Md. R. 1344) 

Regulation .13-1 repealed and new Regulation .13-1 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .13-1 amended effective October 15, 2001 (28:20 Md. R. 1783) 

Regulation .13-2 adopted effective August 24, 1998 (25:17 Md. R. 1362) 

Regulation .13-3 adopted effective June 29, 1998 (25:13 Md. R. 997) 

Regulation .14B amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .15 amended effective May 8, 1991 (18:6 Md. R. 688) 

Regulation .15A amended effective March 22, 1999 (26:6 Md. R. 488); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .15C amended effective February 15, 1993 (20:3 Md. R. 260); May 4, 1998 (25:9 Md. R. 680); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .16 adopted effective August 19, 1991 (18:16 Md. R. 1813) 

Regulation .17 adopted effective November 7, 1994 (21:22 Md. R. 1879) 

Regulation .17 amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522) 

Regulation .17C, D amended effective June 5, 1995 (22:11 Md. R. 823) 

Regulation .18 adopted effective November 7, 1994 (21:22 Md. R. 1879) 

Regulation .18 amended effective August 24, 1998 (25:17 Md. R. 1362); June 10, 2002 (29:11 Md. R. 890) 
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Effective as of November 09, 2012 

Regulation .18A, C, E, I amended effective June 5, 1995 (22:11 Md. R. 824) 

Regulation .19 adopted effective July 3, 1995 (22:13 Md. R. 970) 

Regulation .19 repealed and new Regulation .19 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .20 adopted effective March 9, 1998 (25:5 Md. R. 371) 

Regulation .20 amended effective March 22, 1999 (26:6 Md. R. 488) 

Regulation .21 adopted effective July 3, 1995 (22:13 Md. R. 970) 

Regulation .22 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .23 adopted effective May 22, 1995 (22:10 Md. R. 709) 

Regulation .23 repealed and new Regulation .23 adopted effective April 16, 2012 (39:7 Md. R. 496) 

Regulation .24 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .25 adopted effective August 11, 1997 (24:16 Md. R. 1161) 

Regulation .26 adopted effective August 11, 1997 (24:16 Md. R. 1162) 

Regulation .27 adopted effective October 20, 1997 (24:21 Md. R. 1453) 

Regulation .27-1 adopted effective November 12, 2012 (39:22 Md. R. 1430) 

Regulation .28 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .29 adopted effective October 2, 2000 (27:19 Md. R. 1732) 

Regulation .29 amended effective October 15, 2001 (28:20 Md. R. 1783) 

Regulation .30 adopted effective January 8, 2001 (27:26 Md. R. 2359) 

Regulation .30 amended effective December 10, 2001 (28:24 Md. R. 2131); November 11, 2002 (29:22 Md. R. 1724) 

Regulation .30 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); amended permanently effective April 21, 2008 (35:8 Md. R. 

809) 

Regulation .31 adopted effective June 5, 2006 (33:11 Md. R. 951) 

Regulation .32 adopted effective April 21, 2008 (35:8 Md. R. 809); adopted effective April 19, 2010 (37:8 Md. R. 623) 

Regulation .33 adopted effective April 19, 2010 (37:8 Md. R. 623) 
26.11.20 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 20 Mobile Sources 

Authority: Environment Article, §§2-102, 2-103, and 2-301, Annotated Code of Maryland 

.01 Visible Emissions from Ships. 

A person or agent may not cause or permit the discharge of emissions from any ship in excess of the following limits: 

Operating Mode 

Maximum Opacity or 

Ringelmann Chart Number Allowable Time 

A. Underway, at berth, or at anchor 20%—1 No limit. 

B. Soot blowing: 

(1) Underway within 1 mile (1.6 

kilometer) of any shore 

— No soot blowing allowed. 

(2) At berth or anchor: 

(a) Within first or last 24 hours of 

arrival or departure 

— No soot blowing allowed. 

(b) Any other 24-hour period No limit 15 minutes for each boiler in operation provided 

that no nuisance is created. 

C. Cleaning and adjusting of 

combustion equipment while at berth or 

anchor 

40%—2 Not to aggregate more than 4 minutes in any 60-

minute period. 

D. Start-up of cold boiler or engine No limit 5 consecutive minutes. 

60%—3 10 consecutive minutes additional. 

E. Anchoring, berthing, or other 

maneuvering requiring rapid changes in 

power 

80%—4 No limit. 

F. Upset/breakdown/emergency 

casualty or Coast Guard safety tests 

No limit No limit. The control officer shall be notified as 

to the reason for the excessive emissions. 

G. Docktrials of new or rebuilt boilers 

or engines 

No limit No limit provided a nuisance is not created and 

the control officer has been notified before 3 p.m. 

the day before the docktrials are to be conducted. 

.02 Motor Vehicle Emission Control Devices. 

A. Removal of Control Devices. A person may not remove, alter, or otherwise render inoperative, exhaust emission control, 

crankcase ventilation, or any other air pollution control device which has been installed as a requirement of federal law or 

regulation. 

B. Operation of Motor Vehicles. A person may not operate a motor vehicle originally equipped with air pollution control 

devices as required by federal law or regulation unless these devices are in place and in operating condition. 

C. Exceptions. The requirements of §§A and B of this regulation do not apply to an alteration or modification to use a fuel 

other than gasoline if it has been shown that the emissions from the modified or altered vehicle are at levels which comply with 

existing State or federal standards for emissions from motor vehicles. 

.03 Motor Vehicle Fuel Specifications. 

A. Definitions. For the purposes of this regulation, the definitions specified in COMAR 03.03.05.01 and COMAR 03.03.06 

apply. 

B. Applicability. Unless otherwise indicated in COMAR 03.03.05 and COMAR 03.03.06, this regulation applies Statewide. 
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Effective as of November 12, 2010 

C. Volatility. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to an 

ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or 

otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the vapor pressure requirements specified in 

COMAR 03.03.05.01-1D, as applicable during the period May 1 through September 15 inclusive, and the requirements of 

COMAR 03.03.06. 

D. Oxygen Content. Unless the gasoline is segregated and clearly documented as noncomplying and not for sale or supply to 

an ultimate consumer in an applicable control area, a person may not produce, store, transport, supply, offer to supply, transfer or 

otherwise handle, sell, offer for sale, or dispense gasoline that does not comply with the oxygen content requirements specified in 

COMAR 03.03.05.01-1N and COMAR 03.03.06. 

E. Record Keeping and Transfer Documentation. A person who handles, transports, or otherwise transfers gasoline shall 

comply with the record-keeping and transfer documentation requirements of COMAR 03.03.06. 

F. Inspections. The Department and its representatives have the right to enter at reasonable times and inspect any site, 

building, or equipment to determine compliance with the requirements of this regulation. 

.04 National Low Emission Vehicle Program. 

A. Definitions. In this regulation, the following terms have the meanings indicated: 

(1) "Heavy-duty vehicle" means a motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000 

pounds, except passenger cars. 

(2) "Light-duty truck" means a motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is: 

(a) Designed primarily for purposes of transportation of property or is a derivative of such a vehicle; or 

(b) Available with special features enabling off-street or off-highway operation and use. 

(3) "Medium-duty vehicle" means any: 

(a) Pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,500 pounds or less; 

(b) 1992 and subsequent model year heavy-duty low-emission vehicle or ultra-low-emission vehicle, or zero-emission 

vehicle, having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; or 

(c) 1995 and subsequent model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 14,000 

pounds or less. 

(4) "National LEV" means the Voluntary National Low Emission Vehicle Program whose provisions appear at 40 CFR Part 

86, Subpart R. 

(5) "Passenger car" means a motor vehicle designed primarily for transportation of individuals and having a design capacity 

of 12 individuals or less. 

B. All other terms have the meanings specified in 40 CFR Part 86, Subpart R. 

C. Applicability. This regulation applies Statewide. 

D. General. 

(1) For the duration of Maryland's participation in the National LEV, manufacturers may comply with the National LEV or 

equally stringent mandatory federal standards in lieu of compliance with any program, including any mandates for sales of zero 

emission vehicles, adopted by Maryland pursuant to the authority provided in §177 of the Clean Air Act applicable to passenger 

cars, light-duty trucks of 6,000 pounds gross vehicle weight rating or less, or medium-duty vehicles of 6,001 to 14,000 pounds 

gross vehicle weight, if designed to operate on gasoline. 

(2) Maryland's participation in the National LEV extends until model year 2006, except as provided in 40 CFR §86.1707. If, 

not later than December 15, 2000, the U.S. EPA does not adopt emissions standards at least as stringent as the National LEV 

standards provided in 40 CFR Part 86, Subpart R, that apply to new motor vehicles in model year 2004, 2005, or 2006, 

Maryland's participation in the National LEV extends only until model year 2004, except as provided in 40 CFR §86.1707. 

(3) If a covered manufacturer, as defined at 40 CFR §86.1702, opts out of the National LEV program pursuant to the EPA 

National LEV regulations at 40 CFR §86.1707, the transition from the National LEV requirements to any Maryland §177 

program applicable to passenger cars, light-duty trucks of 6,000 pounds gross vehicle weight or less, or medium-duty vehicles of 
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Effective as of November 12, 2010 

6,001 to 14,000 pounds gross vehicle weight, if designed to operate on gasoline, will proceed in accordance with the EPA 

National LEV regulations at 40 CFR §86.1707. 

.05 Diesel Vehicle Emissions Control Program. 

The regulations found in COMAR 11.21.02 have been jointly adopted by the Department of the Environment, the Department 

of State Police, and the Department of Transportation, and will not be duplicated in Title 26. These regulations should be cited 

under COMAR 11.21.02. 

.06 Heavy Duty Diesel Engines. 

A. This regulation applies to: 

(1) Heavy-duty diesel engines produced for the 2005 and subsequent model years; and 

(2) New motor vehicles containing heavy-duty diesel engines produced for the 2005 and subsequent model years. 

B. Exemptions. This regulation does not apply to: 

(1) 2005 or subsequent model year heavy-duty diesel engines manufactured: 

(a) By an ultra-small volume manufacturer; or 

(b) For use in an urban bus; 

(2) Heavy-duty diesel engines for which the California Air Resources Board, following a technology review in 2003, 

determines that compliance is inappropriate for engines of a particular model year and engine family; 

(3) Vehicles: 

(a) Exempted from the provisions of Title 13, CCR, §1956.8 by the California Health and Safety Code, §43656; 

(b) For which there has been issued a federal certificate of conformity under the Clean Air Act (42 U.S.C. §7401 et seq.) 

and which was originally registered in another state by a resident of that state who: 

(i) Subsequently establishes residency in Maryland; and 

(ii) Upon registration of the vehicle in Maryland, provides satisfactory evidence to the Motor Vehicle Administration 

of the previous residence and vehicle registration; or 

(c) Acquired out-of-State by a resident of Maryland at the time of and for the purpose of replacing a vehicle registered to 

the resident which was: 

(i) Damaged or became inoperative beyond reasonable repair while out-of-State; or 

(ii) Stolen while outside of Maryland; 

(4) Emergency vehicles; 

(5) Military tactical vehicles and equipment; or 

(6) Vehicles transferred by: 

(a) Inheritance; or 

(b) Any of the following actions entered by a court of competent jurisdiction; 

(i) Divorce; 

(ii) Dissolution; or 

(iii) Legal separation. 

C. Definitions. In this regulation, the following terms have the meanings indicated. 

(1) "CCR" means California Code of Regulations. 

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

(3) "Executive order" means a document issued by the California Air Resources Board certifying that a specified engine 

family or model year vehicle has met all applicable Title 13 CCR requirements for certification and sale in California. 
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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 more stages, the date of completion of the chassis. 

(7) "New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred to an 

ultimate purchaser. 

(8) "New motor vehicle engine" means a new engine in a motor vehicle. 

(9) "Title 13, CCR, §1956.8" means the California Code of Regulations section pertaining to exhaust emission standards 

and test procedures for 1985 and subsequent model year heavy-duty engines and vehicles, which is incorporated by reference in 

§D of this regulation. 

(10) "Ultimate purchaser" means, with respect to a new motor vehicle or new motor vehicle engine, the first person who in 

good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale. 

(11) "Ultra-small volume manufacturer" means a manufacturer with California sales, based on the average number of 

vehicles and engines sold by the manufacturer in the previous three consecutive model years, of 300 or fewer of the following 

vehicles per model year: 

(a) Passenger cars; 

(b) Light-duty trucks; 

(c) Medium-duty vehicles; 

(d) Heavy-duty vehicles; and 

(e) Heavy-duty engines. 

(12) "Urban bus" has the meaning stated in Title 13, CCR, Division 3, Chapter 1, Article 2, §1956.2. 

D. Incorporation by Reference. The provisions of Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, 

Article 2, §1956.8 Exhaust Emission Standards and Test Procedures—1985 and Subsequent Model Heavy-Duty Engines and 

Vehicles, as amended December 12, 2002, and the definition for urban bus under Title 13, California Code of Regulations (CCR), 

Division 3, Chapter 1, Article 2, §1956.2, are incorporated by reference, but only those provisions that pertain to the requirements 

for Model Year 2005 and subsequent heavy-duty diesel engines and heavy-duty diesel vehicles with a gross vehicle weight rating 

of 14,001 pounds or greater. 

E. Requirements for Vehicle Registration, Transaction, and Use. For 2005 or later model year heavy-duty diesel engines, or 

motor vehicles containing these engines, which are primarily intended for use or registration within Maryland, a resident of 

Maryland or a person who operates a business within Maryland may not commit the following acts, unless the engine 

manufacturer has received a California executive order for that engine: 

(1) Sell, lease, rent, import, deliver, purchase, acquire, or receive in Maryland; 

(2) Offer for sale, lease, or rental in Maryland; or 

(3) Attempt or assist in the actions listed in §E(1) and (2) of this regulation. 

F. Manufacturer Compliance with California Orders and Voluntary Recalls. 

(1) Any order or enforcement action taken by the California Air Resources Board to correct noncompliance with the 

requirements under Title 13, CCR, §1956.8, shall be applicable to all such engines and motor vehicles subject to this regulation, 

unless the manufacturer demonstrates to the Department's satisfaction, within 21 days of issuance of the California Air Resources 

Board action, that this action is not applicable to such engines or vehicles in Maryland. 

(2) Any voluntary or influenced emission-related recall campaign initiated by any manufacturer under Title 13, CCR, 

§§2113—2121, shall extend to all applicable engines and motor vehicles subject to this regulation, unless the manufacturer 
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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 policies 

established under this regulation shall be terminated at the end of the model year during which the U.S. Environmental Protection 

Agency standards are effective. 

Administrative History 

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

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01. 

Regulation .01 recodified as Regulation .06 and new Regulations .01 and .03—.05 adopted effective November 19, 1983 (10:20 Md. R. 1786) 

—————— 

Chapter recodified from COMAR 10.18.22 to COMAR 26.11.20 

Regulations .01, .03, and .04 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 338) 

Regulations .01 and .03—.05 repealed and Regulations .02 and .06 recodified to Regulations .01 and .02 effective June 26, 1989 (16:10 Md. R. 1110) 

Regulation .03 adopted effective October 26, 1992 (19:22 Md. R. 1991 and 19:21 Md. R. 1894) 

Regulation .04 adopted effective March 22, 1999 (26:6 Md. R. 488) 

Regulation .05 adopted effective July 10, 2000 (27:13 Md. R. 1212) 

Regulation .06 adopted effective December 10, 2001 (28:24 Md. R. 2132) 

Regulation .06D amended effective May 9, 2005 (32:9 Md. R. 850) 
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26.11.21 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, Title 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, corporation, sole proprietorship, or other business concern. 

C. "Demolition" means the wrecking or taking out of any load-supporting structural member and any related removing or 

stripping of friable asbestos materials. 

D. "Encapsulate" means to coat, bind, or resurface walls, ceilings, pipes, or other structures 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 stripping 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 series 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. 
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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 project is an asbestos project subject to this chapter. The 

Department will make the determination in writing not later than 30 days after it has 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 Department 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 asbestos project which will include encapsulation of more than 160 

square feet or 260 linear feet of asbestos shall notify the Maryland 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 Management 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 regulations at 29 CFR Part 1910.134 and make the program available 

to the Department and workers at the job site. 
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Effective as of November 12, 2010 

B. Physical Examination. The business entity or public unit shall ensure that each worker and supervisor who will be involved 

in an asbestos project has been examined within the preceding year and has been declared by a physician to be physically capable 

of working while wearing a respirator. 

C. Training. 

(1) The business entity or public unit shall ensure that each worker or supervisor of the business entity or public unit who 

will come in contact with friable asbestos or will be responsible 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 asbestos project use the items: 

(1) Disposable clothing, including hair cover and foot covers, which reasonably prevents asbestos fibers from reaching the 

body; and 

(2) Respirators approved by the National Institute of Occupational Safety and Health (NIOSH) and, at a minimum, capable 

of being qualitatively fit tested using 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 supervisor 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 demonstrates 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 Asbestos 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 immediate vicinity that asbestos abatement 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 written notice of final air monitoring results required 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 federal requirements regarding the posting of signs. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

(4) Notice of Asbestos Project signs required by §A(2)(a) of this 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. The 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 of 

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 during 

the removal process to minimize dust. 

(3) Use the following cleaning and air monitoring procedures: 

(a) If a building or structure is to be completely 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 surfactant solution prescribed in §B(2) of this regulation; 

(ii) When the surface has dried, vacuum any remaining dry residue 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 average) 

using the procedures specified in §B(3)(c)—(e), of this regulation. 

(c) Conduct air monitoring required by §B(3)(b)(iii), of this regulation, using procedures specified in NIOSH Analytical 

Method #P&CAM 239, Asbestos Fibers in Air (February, 1979) which is incorporated by reference, or equivalent. When 
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clearance monitoring by transmission electron microscopy is elected, the protocol outlined in the 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. Representative 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 inside enclosures, use negative pressure systems which meet the following: 

(a) The exhaust air passes through a High Efficiency Particulate Air (HEPA) filter; 

(b) The air flow is such that a complete change of air occurs in the enclosed area at least once every 15 minutes; and 

(c) When practical, the negative pressure systems 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, construct 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 conditioning 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 necessary to assure that the asbestos material to be stripped remains wet during 

removal, loading, and transportation; and 

(6) For structural members and components 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 floors, other large areas such as walls, and all windows in the work 

area with plastic sheeting sealed with tape. Shut down all forced-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 protective 

clothing and for storage of contaminated items and tools. Also provide a separate clean room where workers 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 description of the alternative procedure to the Department and 
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demonstrates to the satisfaction of the Department that compliance with the prescribed procedures is not practical or not feasible, 

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 minimize 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 encapsulated) 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 asbestos 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, approve an alternative procedure for control of emissions from 

an asbestos project provided that the person submits a written description of the alternative procedure to the Department and 

demonstrates to the satisfaction of the Department that compliance with the prescribed procedures is not practical or not feasible, 

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 minimize 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 sheeting, 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 required 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 asbestos 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 site. 

(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 storage requirements under §C, of this regulation. 
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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 containers which are kept in a secure area; and 

(d) The person has submitted a written application for and received 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 disposal 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 disposal receipt or record of 

appropriate disposal showing the disposal facility and date. 

.09 Records. 

A. Each licensed business entity or public unit shall maintain records 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 least 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 site 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 application, the Department will acknowledge receipt of the application and, within 15 

working days after acknowledgment, will notify the applicant of any deficiency in the application. Within 60 calendar days after 

receiving a completed application, including all additional information requested by the Department, the Department will issue a 

license or deny the application. 
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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 Department will hold a hearing in accordance with 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 alternative 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 satisfaction 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 proposed 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 year 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 certified check a renewal application fee 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. Application 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 for purposes of Regulation .05C of this regulation by submitting a 

written application on forms provided by the Department. 
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B. Criteria for Initial Course. In order to obtain or retain Department 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 area 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 asbestos 

abatement, site preparation, and 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 considerations 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 examination approved by the Department. 
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(8) Issue to each student who completes the course and successfully passes the examination 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 conducted. 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) training 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 area 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 and 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 training 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 satisfy 

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 days after receiving the application. 

(2) The 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. 
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(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 are accredited by the U.S. EPA under AHERA for supervisors or 

workers may be approved provided the training entity provides proof of U.S. EPA accreditation to the Department and receives 

prior written approval from the Department. 

(6) Training courses presented by one of the U.S. EPA regional 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 effective 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) 
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26.11.22 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 Department of the Environment. 

The regulations are found in COMAR 11.14.08 and will not be duplicated in Title 26. 

These regulations should be cited under COMAR 11.14.08.
This Page Intentionally Left Blank 
26.11.23 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 includes 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 maintenance of asbestos-containing material. 

(6) "Asbestos occupation" means any job as asbestos abatement worker, asbestos abatement 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 resurface walls, ceilings, pipes, or other structures 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 extended period of time, so as to conceal the ACM, contain ACM fibers, and render the 

ACM inaccessible. 

(10) "Inspector" means an individual performing on-site investigations to locate, identify, classify, record, sample, test, and 

assess the condition of all friable and nonfriable asbestos-containing 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; 
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(ii) A portico; and 

(iii) A mechanical system used to condition interior space. 

(12) "Management planner" means an individual using an inspector'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 space 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 building 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 individual responsible for: 

(i) Oversight or contracting; or 
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(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 provision 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 proof that the individual has: 

(1) Successfully completed any 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) Acquired and maintained current 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 occupation shall carry, while engaged in the asbestos occupation, a 

photo identification card issued by the training provider or by a state with an EPA-approved Model Accreditation Plan. 
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(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 minimum 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 completed the following hours of course instruction time: 

(a) Worker, contractor/supervisor, and project designer—7 hours, excluding 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 score 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 training 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 Training 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 associated with asbestos abatement. 

B. The contractor/supervisor's training course shall adequately address the training topics as described in 40 CFR Part 763 

(1997), Appendix C to Subpart E—Asbestos Model 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. 
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B. The inspector's training course shall adequately address the training 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 accreditation 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 address the training topics as described in 40 CFR Part 763 

(1997), Appendix C to Subpart E—Asbestos 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 lectures, demonstration, a field trip, course review, and a written 

examination. 

B. The abatement project designer's training course shall adequately address the training topics as described in 40 CFR Part 

763 (1997), Appendix C to Subpart E—Asbestos Model Accreditation 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 currently approve the course; 

(c) A narrative explanation that clearly indicates how the course meets the requirements 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 currently approve the course; 

(c) The course information: 
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(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 about examination security, and 

how examinations are administered, and 

(vii) A description and an example of the numbered certificate issued to students 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 applicant shall pay by certified check, cashier’s check, or money 

order an annual fee of $200 for each day of a training course, or portion of a training course, for each initial and review training 

course for which an applicant seeks 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 worker 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 course 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 occupation 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; 
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(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 identification 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 Application 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 the topic or topics they teach, and 

(iii) Employing instructors who are fluent in the foreign language they are teaching in addition to the requirements in 

§C(1)(a)(ii) of this regulation; 

(b) Pays the appropriate fee or fees as directed in Regulation .10B of this chapter. 

(2) The Department will issue a training provider approval certificate for each course for which approval is sought after 

written submittals are approved. 
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(3) The Department will issue a course approval 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 may request a hearing within 10 

days after receipt of the certified mail. If it receives a timely request, the Department will hold a hearing in accordance with 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 certificates 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 accompanied by the appropriate fee. 

F. Fees are nonrefundable. 

G. Receipt and deposit of fees submitted with applications do not in any way indicate approval of a training course 

application. 

H. Training provider and training course approvals are not transferable. 

.14 Suspension or Revocation of Approval 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 established 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 accreditation records, 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 provider may request a hearing within 10 days after receipt of the certified mail. If the Department 

receives a timely request, the Department will hold a hearing in accordance with State Government Article, §10-201 et seq., 

Annotated Code of Maryland. 
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.15 Decertification Procedures for Accredited Individuals. 

A. The Secretary may revoke or suspend the accreditation of an individual accredited as an inspector, 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 accredited individual represented was done; 

(4) Performs an activity for which the individual is not accredited; 

(5) Fails to exercise the standard of care expected of an accredited individual 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 revocation or suspension of a person's accreditation 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 request, 

the Department will hold a hearing in accordance 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 effective May 16, 2011 (38:10 Md. R. 617) 

Regulation .06C amended effective May 16, 2011 (38:10 Md. R. 617) 

Regulation .10B amended effective May 16, 2011 (38:10 Md. R. 617) 

Regulation .11E amended effective May 16, 2011 (38:10 Md. R. 617)
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26.11.24 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, Annotated 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 certification 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 systems 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 percent 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 with 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 bellows, 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 registered with the Maryland Motor Vehicle Administration or the equivalent agency 

of another state. 
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(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 gasoline 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 into 

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 associated with defective equipment. 

(17) "Vapor assist system—Type 1" means a Stage 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 collects gasoline vapors displaced when gasoline 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 provides 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 vapor 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 from 

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) Executive Order G-70-165, Exhibit 4, Vapor Return Line Vacuum Integrity Test for the Healy Model 600 System. 

.02 Applicability, Exemptions, and Effective Date. 

A. This chapter applies in Baltimore City and Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, 

Howard, Montgomery, and Prince George's counties. 
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B. A gasoline dispensing facility exempted under §C of this regulation 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 dispensing 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 with an approved system, the new owner or operator shall 

continue to operate the approved system unless the average monthly gasoline throughput during any calendar year after the 

purchase is less than 10,000 gallons. 

E. If a person purchases a gasoline dispensing facility that exceeded the 1990—1991 applicability thresholds in §C of this 

regulation but was not equipped with an approved system, the new owner or operator shall install an approved system if the 

average monthly gasoline throughput 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 install 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 applicable requirements of this chapter. 

.03 General Requirements. 

A. New Gasoline Dispensing Facilities. After May 15, 1993, an owner 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 dispensing 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 business gasoline marketer with one or two facilities; or 

(2) November 15, 1995, for an independent small business gasoline marketer 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 chapter 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 regulation, 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 

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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 minimum 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 Executive 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 integrity 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 test for the Healy Model 600 System in accordance with Executive 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 vehicles, or by the applicable dates in Regulation .03 of this chapter, 

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 chapter, 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 may be used in place of the test methods specified 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. 
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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 inspected 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 shall 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 defective 

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 after 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 gasoline storage tank with a vapor recovery system shall ensure 

that a certified inspector performs an inspection of each vapor recovery system. 

(2) Each vapor recovery system shall be inspected by a certified 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 and Maintenance of Approved Systems. 

A. General. An operator shall ensure that: 

(1) At least one employee at each facility subject to this regulation is trained in accordance with the requirements of §B of 

this regulation; and 

(2) The 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 

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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 course 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 create 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 information pertinent to the requirements of this chapter. Verification 

of training shall be maintained in the facility file. Equipment maintenance records required under this chapter shall be maintained 

for at least 2 years. All other records shall be maintained for at least 5 years. 

C. The equipment maintenance records shall include: 

(1) The date on which defective equipment was found, a description of each defect, a description of the corrective action 

and the date on which the defect was corrected, 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 the 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 dispensing facility exempted according to Regulation .02C of this chapter shall create 

and maintain records on gasoline throughput and tank sizes and make the records available 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 subject 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 nozzle, 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 used 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 violation. 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 Implementation Plan, a person who violates any 

provision of this chapter may be subject to federal enforcement action. 
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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 Blank 
26.11.25 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 comprising a refractory vessel in which raw materials 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 formulation 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 not 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 exception under COMAR 26.11.06.02B for that installation. 
DEPARTMENT OF THE ENVIRONMENT 

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.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 26.11.09.01C, may exceed the requirements in Regulation .03A of this chapter and §A of this regulation when gas 

service is interrupted by the utility if maximum available electric boosting is used in conjunction with an alternative fuel. 

Administrative History 

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

Regulation .03B amended effective 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 the Clean Air Act (CAA), as amended (42 U.S.C. §7401 et seq.), 

and the related requirements of 23 U.S.C. §109(j), with respect to the conformity of transportation plans, programs, and projects 

which are developed, funded, or approved by the United States Department of Transportation (DOT), and by metropolitan 

planning organizations (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter

53). This chapter sets forth policy, criteria, and procedures for demonstrating and assuring conformity of these activities to an 

applicable implementation plan developed pursuant to §110 and Part D of the CAA. The requirements in this chapter are 

applicable in areas of the State designated by the U.S. Environmental Protection Agency as nonattainment or maintenance areas 

for any relevant National Ambient Air Quality Standards (NAAQS). 

.02 Definitions. 

A. In this chapter, all terms not defined in this regulation have the meanings stated in 40 CFR §§93.101 and 93.152, as 

amended, which is incorporated by reference. 

B. Terms Defined. 

(1) "Adopt or approve of" a regionally significant project means the first time any of the following actions are necessary to 

authorize a project to occur: 

(a) Any policy board action necessary for the project to proceed; 

(b) The issuance of administrative permits for the project; 

(c) The execution of a contract to construct the project; 

(d) Any final action of a board, commission, or administrator authorizing or directing employees to proceed with 

construction of the project; or 

(e) Any written decision or authorization from the metropolitan planning organization (MPO) that the project may be 

adopted or approved. 

(2) "Applicable implementation plan", "applicable SIP", and "State implementation plan" mean the Maryland State 

Implementation Plan (SIP), including revisions approved by the United States Environmental Protection Agency (EPA) and any 

Federal Implementation Plan adopted by EPA that applies to Maryland. 

(3) "Cooperation" means that the parties involved in carrying out the planning, programming, and management systems 

processes work together to achieve a common goal or objective. 

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

(5) "Governor" means the Governor of Maryland. 

(6) "MDOT" means the Maryland Department of Transportation. 

(7) Metropolitan Planning Organization (MPO). 

(a) "Metropolitan planning organization (MPO)" means the: 

(i) Organization responsible, together with the State, for conducting the continuing, cooperative, and comprehensive 

planning process under 23 U.S.C. §134 and 49 U.S.C. §5303; and 

(ii) Forum for cooperative transportation decision making. 

(b) "Metropolitan planning organization (MPO)" includes: 

(i) The "Baltimore Regional Transportation Board (BRTB)," the MPO for the Baltimore region, which includes Anne 

Arundel, Baltimore, Carroll, Harford, and Howard counties and the cities of Baltimore and Annapolis; 
DEPARTMENT OF THE ENVIRONMENT 

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(ii) The "Hagerstown/Eastern Panhandle (HEP)" MPO for the Hagerstown area, which includes Washington County, 

Maryland and the counties of Berkeley and Jefferson in West Virginia; 

(iii) The "National Capital Transportation Planning Board (TPB) ", the MPO for the Washington region, which 

includes Frederick, Montgomery, and Prince George's counties in Maryland, the District of Columbia, and Northern Virginia; and 

(iv) The "Wilmington Area Planning Council (WILMAPCO)", the MPO for New Castle County, Delaware and Cecil 

County, Maryland. 

(8) Regional Planning Organization (RPO). 

(a) "Regional planning organization" means an organization certified by the Governor as being responsible for the 

preparation of air quality plans for a nonattainment area under §174 of the federal Clean Air Act. 

(b) "Regional planning organization" may include elected officials of State and local governments in the affected 

nonattainment area, or representatives of the MDE, MDOT, and MPOs for the affected area. 

(c) "Regional planning organization" is the forum for a cooperative decision-making process for air quality planning in 

the RPO's specific nonattainment area. 

(9) "State" means the State of Maryland. 

(10) "State air agency" means the Maryland Department of the Environment, Air and Radiation Management 

Administration. 

(11) "Statewide transportation improvement program (STIP)" means a staged, multiyear, intermodal program of 

transportation projects covering the State, which is consistent with the Statewide transportation plan and metropolitan 

transportation plans, and developed under 23 CFR 450. 

(12) "Statewide transportation plan" means the official intermodal Statewide transportation plan that is developed through 

the Statewide planning process for the State, under 23 CFR 450. 

(13) Transportation Control Measure (TCM). 

(a) "Transportation Control Measure" means: 

(i) A measure that is specifically identified and committed to in the applicable implementation plan that is either one 

of the types listed in §108 of the Clean Air Act; or 

(ii) Any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation 

sources by reducing vehicle use or changing traffic flow or congestion conditions. 

(b) "Transportation control measure" does not include vehicle technology-based, fuel-based, and maintenance-based 

measures which control the emissions from vehicles under fixed traffic conditions. 

.03 Transportation Conformity. 

A. Applicability to Transportation-Related Projects Subject to Federal Regulations. All transportation plans, programs, and 

projects developed, funded, or approved in Maryland, under Title 23 U.S.C. or the Federal Transit Act (49 U.S.C. §1601 et seq.)

shall conform to the Maryland State Implementation Plan. 

B. Requirement for Conformity. Each agency and organization charged with the responsibility to make transportation 

conformity determinations shall do so pursuant to this chapter and the provisions of 40 CFR Part 93, Subpart A, as amended, 

which is incorporated by reference. 

.04 Transportation Conformity — Consultation in General. 

A. The MPOs, RPOs, the Department, and MDOT shall comply with the procedures in this chapter governing interagency 

consultation, conflict resolution, and public consultation with each other and with divisional or regional offices of the EPA, 

Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) on the development of: 

(1) Control strategy implementation and maintenance plan revisions; 

(2) The list of TCMs in applicable implementation plans; 

(3) The Unified Planning Work Program (UPWP) under 23 CFR §450.314; 

(4) Transportation plans; 
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(5) Transportation improvement programs (TIPs); and 

(6) Associated conformity determinations required by this chapter. 

B. An agency may not participate in the consultation process unless it is identified as a participating agency in this chapter. 

.05 Transportation Conformity — Interagency Consultation Requirements. 

A. Consultation Process. 

(1) Representatives of the MPOs, RPOs, the Department, and MDOT shall undertake an interagency consultation process 

with the FHWA, FTA, and EPA, in accordance with this regulation and Regulations .06—.08 of this chapter on the development 

of: 

(a) UPWP, transportation plans, TIPs, any revisions to them, and associated conformity determinations; and 

(b) The SIP and revisions to the SIP. 

(2) The MPOs are the lead agencies responsible for preparing an amendment or revision of the UPWP, the transportation 

plan, or the TIP and for making conformity determinations. 

(3) In nonmetropolitan, or rural nonattainment and maintenance areas, the MDOT is the lead agency responsible for 

preparing amendments or revisions to the Statewide transportation plan, or the Statewide TIP, and making conformity 

determinations. 

(4) The Department is the lead agency responsible for preparing revisions to the SIP and incorporating TCMs recommended 

by the MPOs and MDOT. 

(5) In the case of metropolitan nonattainment and maintenance areas that have a certified RPO, the RPO is the agency 

responsible for preparing an air quality plan and for assuring the adequacy of the interagency consultation process with respect to 

the development of the proposed air quality plan, and any amendments or revisions to the plan. 

B. When serving as lead agency, the MPOs, RPOs, MDOT, and MDE have the following responsibilities: 

(1) Initiating the applicable consultation process by notifying other participants, convening meetings, preparing summaries, 

assuring that all relevant documents and information are supplied to all participants in the consultation process in a timely 

manner, maintaining a written record of the consultation process, and providing final documents and supporting information to 

each participating agency after approval or adoption; 

(2) Enabling regular consultation on major activities (such as the development of a transportation plan, the development of 

a TIP, any determination of conformity on transportation plans or TIPs, or the development of a SIP) including meetings 

beginning on a date determined by the lead agency to be adequate to meet the date a final decision is required and continuing at a 

frequency mutually agreed upon by the affected agencies; 

(3) Convening meetings of technical staff as necessary; 

(4) Conferring with all other agencies identified in §A of this regulation with an interest in the planning process, providing 

all information to those agencies needed for meaningful input, soliciting early and continuing input from those agencies, before 

taking any action, considering the views of each agency and responding to those views in a timely, substantive written manner, 

and making the views and written response part of the record of any decision or action; 

(5) When not fulfilling the responsibilities of a lead agency, reviewing and commenting as appropriate (including comments 

in writing) on all proposed decisions and actions in a timely manner, attending consultation and decision meetings, providing 

input on any area of substantive expertise or responsibility, and providing technical assistance to the lead agency or to the 

consultation process when requested. 

C. In addition to serving as lead agency pursuant to §A(2) of this regulation, the MPOs are responsible for: 

(1) Developing or approving transportation and related socioeconomic data and local planning assumptions, or both, and 

providing data and assumptions for use in air quality analysis for SIP tracking and conformity of transportation plans, TIPs, and 

projects; 

(2) Providing transportation demand forecasting for development of on-road mobile source emissions inventories by the 

Department and MDOT; 
DEPARTMENT OF THE ENVIRONMENT 

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(3) In cooperation with MDOT, evaluating potential TCM projects and impacts; 

(4) In cooperation with MDOT, monitor regionally significant projects to determine a need for emissions modeling; 

(5) In cooperation with MDOT, providing technical and policy input into the development of emissions budgets; 

(6) In cooperation with MDOT, consulting with other MPOs on emissions analysis for transportation activities which cross 

the borders of the MPOs or nonattainment areas; 

(7) In cooperation with MDOT, determining which transportation projects should be considered "regionally significant" for 

the purpose of regional emission analysis (in addition to those functionally classified as principal arterial roadway or higher

classifications, fixed guideway systems, or extensions that offer an alternative to regional highway travel), and which projects 

should be considered to have a significant change in design concept and scope from the transportation plan or TIP; 

(8) In cooperation with MDOT, assuring that plans for construction of regionally significant projects which are not FHWA 

or FTA funded or approved projects (including projects for which alternative locations, design concept and scope, or the no-build 

options are still being considered), including all plans by recipients of funds designated under 23 U.S.C or the Federal Transit 

Act, are disclosed by the MPO members on a regular basis, and assuring that any changes to those plans are immediately 

disclosed and the interagency consultation process undertaken involving the MPO and MDOT and the recipients of funds 

designated under 23 U.S.C. or the Federal Transit Act; 

(9) In cooperation with MDOT, designing, scheduling, and funding research and data collection efforts and model 

developments in regional transportation, such as household or travel transportation surveys; 

(10) In cooperation with MDOT and the Department, evaluating and choosing each model or models and associated 

methods and assumptions to be used in regional transportation demand analysis, including vehicle miles traveled (VMT) 

forecasting; 

(11) In cooperation with the Department and MDOT, evaluating whether projects otherwise exempted from meeting the 

requirements of 40 CFR §93.127 should be treated as nonexempt in cases where potential adverse emissions impacts may exist 

for any reason; 

(12) In cooperation with MDOT and the Department, making a determination as required by 40 CFR §93.113, whether past 

obstacles to implementation of TCMs that are behind the schedule established in the applicable implementation plan have been 

identified and are being overcome, and whether State and local agencies with influence over approvals or funding for TCMs are 

giving maximum priority to approvals or funding for TCMs, and as part of this consultation, considering whether delays in TCM 

implementation necessitate revisions to the applicable implementation plan to remove TCM or substitute TCMs or other emission 

reduction measures; 

(13) In cooperation with MDOT and the Department, determining what forecast of vehicle miles traveled (VMT) to use in 

establishing or tracking emissions budgets, developing transportation plans, TIPs, or control strategy implementation plan 

revisions, or making conformity determinations; 

(14) In cooperation with MDOT and the Department, evaluating events which may trigger new conformity determinations 

in addition to those triggering events established by 40 CFR §93.104; 

(15) In cooperation with MDOT and the Department, developing assumptions regarding the location and design concept 

and scope of projects which are disclosed to the MPO as required by this regulation, but whose sponsors have not yet decided 

these features in sufficient detail to perform the regional emissions analysis according to the requirements of 40 CFR §93.122, as 

amended; 

(16) In cooperation with MDOT and the Department, consulting with the FHWA and FTA on timely action on final 

findings of conformity; and 

(17) In cooperation with MDOT and the Department, obtaining guidance on conformity and the transportation planning 

process for agencies involved in the interagency consultation process. 

D. In addition to serving as lead agency pursuant to §A(3) of this regulation, MDOT is responsible for: 

(1) Circulating draft and final environmental impact or assessment documents to appropriate agencies; 

(2) Convening air quality technical review meetings on specific projects as needed or when requested by other agencies; 
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(3) In rural nonattainment areas and areas not included in an MPO, assuring the proper completion of transportation 

modeling and regional emissions analyses and the documentation of timely implementation of TCMs needed for conformity 

assessments; and 

(4) Representing jurisdictions outside the metropolitan planning area within the nonattainment or maintenance area on the 

MPO when determining conformity on all projects in those areas. 

E. In addition to serving as lead agency pursuant to §A(4) of this regulation, the Department is responsible for: 

(1) Developing emissions inventories and budgets; 

(2) Tracking attainment of air quality standards and emission factor model updates; 

(3) Gaining final approval at the State level for control strategy implementation plan revisions and maintenance plans; 

(4) In cooperation with MDOT, choosing conformity tests and methodologies for isolated rural nonattainment and 

maintenance areas; 

(5) In cooperation with MDOT, evaluating and choosing each model or models and associated methods and assumptions to 

be used in hot-spot analysis; 

(6) In cooperation with MDOT and MPOs, consulting with the EPA on review and approval of updated motor vehicle 

emissions factors, emission inventories, and budgets; 

(7) In cooperation with MDOT and MPOs, obtaining guidance on conformity criteria and procedures for the agencies 

involved in the interagency consultation process; and 

(8) In nonattainment areas where an RPO has been certified, cooperating with the RPO in the development of emissions 

inventories and budgets, and in the development of regional air quality plans. 

.06 Transportation Conformity — Conflict Resolution Associated with Conformity Determinations. 

A. Unresolved conflicts among State agencies, or between State agencies and the MPOs, or among the MPO member 

jurisdictions, shall be identified by an MPO or agency in writing to the other MPO, the Department, or MDOT, with copies to the

FHWA, FTA, and EPA. The MPOs or agency's written notice shall: 

(1) Explain the nature of the conflict; 

(2) Review options for resolving the conflict; 

(3) Describe the MPO's or agency's proposal to resolve the conflict; 

(4) Explain the consequences of not reaching a resolution; and 

(5) Request that comments on the matter be received within 2 weeks. 

B. If the action in §A of this regulation does not result in a resolution of the conflict, one of the following applies: 

(1) If the conflict is between the MPOs or between the MPOs and MDOT then the parties shall follow the coordination 

procedures of 23 CFR §450.210; 

(2) If the conflict is between the MPOs or MDOT and the Department and the conflict cannot be resolved by the affected 

agency heads: 

(a) The Secretary of the Environment may elevate the conflict to the Governor in accordance with the procedures of §C 

of this regulation, or 

(b) If the MDE Secretary does not appeal to the Governor within 14 days as provided in §C of this regulation, the MPO 

or MDOT may proceed with its final conformity determination; 

(3) In the case of interstate nonattainment areas, if the conflict involves agencies outside of Maryland, and the conflict 

cannot be resolved by the affected agency heads, the conflict may be resolved in a manner mutually agreed to by the parties 

involved. 
DEPARTMENT OF THE ENVIRONMENT 

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C. Appeals to the Governor by the Secretary of the Environment under the provisions of §B(2) of this regulation shall be in 

accordance with the following procedures: 

(1) The Secretary of the Environment has 14 calendar days to appeal to the Governor after the MPO or MDOT has notified 

the Secretary of the MPO's or MDOT's resolution of the Department's comments; 

(2) The notification to the Secretary shall be in writing and shall be hand-delivered; 

(3) The 14-day appeal commences when MDOT or MPO has confirmed receipt by the Secretary of the agency's or MPO's 

resolution of the Department's comments; 

(4) The appeal to the Governor shall contain: 

(a) The conformity determination and any supporting documentation, 

(b) The Department's comments on the determination, and 

(c) Any response by the MPOs or MDOT to the MDE; 

(5) The Department shall provide a complete appeal package to the MPO and MDOT within 24 hours following the date on 

which the appeal is filed with the Governor's Office; 

(6) If the Governor does not concur with the conformity determination, the Governor may direct revision of the applicable 

implementation plan, revision of the planned program of projects, revision of the conformity analysis, or any combination of 

these; 

(7) If the Governor concurs with the conformity determination made by the MPO and MDOT, the MPO and MDOT may 

proceed with the final conformity determination; and 

(8) The Governor may delegate the Governor's role in this process, but not to the agency head or staff of the MDE or 

MDOT. 

D. This regulation does not prevent the State agencies and MPOs from making efforts on their own initiative to obtain mutual 

conflict resolution through conferences or other appropriate means. 

.07 Transportation Conformity — Public Consultation Procedures. 

A. In accordance with 40 CFR §93.105(e), the MPOs shall: 

(1) Establish a proactive public involvement process which provides reasonable opportunity for review and comment before 

taking formal action on a conformity determination for all transportation plans and TIPs, consistent with the requirements of 23 

CFR §450.316(b); 

(2) Release information supporting conformity determinations at the beginning of the public comment period; and 

(3) Assess and impose reasonable charges for public inspection and copying of such information, consistent with the fee 

schedule contained in 49 CFR §7.43. 

B. If the public disagrees with the MPO's decision about whether a project is regionally significant and whether it was 

modeled properly in the emission analysis supporting a proposed conformity finding for a transportation plan or TIP, a written 

explanation shall be provided by the MPO upon request by the public. 

C. The MPOs shall also provide an opportunity for public involvement in conformity determinations for projects when 

otherwise required by law. 

.08 Transportation Conformity — Interagency Consultation Procedures. 

The MPOs, RPOs, MDOT, and the Department may enter into agreements to set forth specific consultation procedures in more 

detail that are not in conflict with this chapter. 

.09 General Conformity. 

Each department, agency, and instrumentality of the federal government shall comply with the general conformity 

requirements of 40 CFR Part 93, Subpart B, as amended, which is incorporated by reference. This regulation addresses and 

replaces the requirements at 40 CFR §93.151 for a revision to the Maryland State Implementation Plan. 
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Administrative History 

Effective date: June 5, 1995 (22:11 Md. R. 825) 

Chapter revised effective April 6, 1998 (25:7 Md. R. 530) 

—————— 

Chapter revised effective August 9, 1999 (26:16 Md. R. 1246) 

Regulation .01 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .02 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .03B amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .04 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .05C amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .05E amended effective January 29, 2007 (34:2 Md. R. 139); June 30, 2008 (35:13 Md. R. 1182) 

Regulation .07A amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .08 amended effective January 29, 2007 (34:2 Md. R. 139) 

Regulation .09 amended effective January 29, 2007 (34:2 Md. R. 139) 
This Page Intentionally Left Blank 
26.11.27 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 generating 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 operating, 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 (SO2), oxides of nitrogen (NOx), 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 NOx, SO2, and mercury as 

provided in this regulation. 

B. NOx Emission Limitations. 
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(1) Except as provided in §E of this regulation, annual NOx 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 NOx 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 tons, effective September 1, 2012 

Total 19,800 tons 16,667 tons 

(3) Except as provided in §E of this regulation, ozone season NOx 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 NOx 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 tons 
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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 NOx 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 NOx 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 NOx 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" procedures 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 system reliability is not a violation of this chapter provided that: 

(i) Within 36 hours following the action, the owner or operator 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 the affected unit or units provides the 

Department with the estimated NOx emissions in excess of the emission limitation; and 

(iii) Not later than December 31 of the year 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 NOx allowances 

equivalent in number to the tons of NOx 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 NOx

emissions of an electric generating unit 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. SO2 Emission Limitations. 
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(1) Except as provided in §E of this regulation, annual SO2 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 SO2 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 tons, effective September 1, 2012 

R. Paul Smith Unit 4 644 tons, effective September 1, 2012 

Total 47,616 tons 37,235 tons 

D. Mercury Emission Limitations. 

(1) For the 12-month period from January 1, 2010 through December 31, 2010 and ending with the 12-month period 

beginning December 1, 2012 through November 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 this 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 different person that does not own, operate, lease, or control an 

affected unit subject to this chapter, the transferred unit shall meet the limitations in §§B and C of this regulation applicable to 

that electric generating unit. 

.04 Determining the Mercury Removal Efficiency for Affected Facilities. 

A. The procedures of §§B—F of this regulation shall be used 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 before 
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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 that 

same method for all other electric generating units in the system. Once elected for each affected facility or system, as applicable, 

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 Gas Emission Rates for Each Affected Electric Generating Unit. 

(1) The owner or operator of an electric generating unit subject to this regulation 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 the coal utilized by each affected 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 fuel mercury beneficiation. 

(2) Combustion gas testing and collection of coal samples to determine 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 electric 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 performed 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 ounces 

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 generating units at the affected facility determined in accordance with 

§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 coalfired electric generating units at the affected facility, 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-fired electric generating units at the affected facility, measured as a 12-

month rolling average, does not exceed the applicable emission rate in §E(2) of this regulation. 
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(2) Emission Rates. 

Affected Facility Emission Limits Ounces per Trillion 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 generating unit at an affected facility subject to this chapter permanently ceases operation,

the mass emission limitation in §F(2) of this regulation which is applicable to that affected facility shall be reduced proportionally 

based on the relative capacity, in megawatts, of all the electric generating units at the affected facility which are subject to this 

regulation. 

(4) In the event that an entire affected facility within a system permanently ceases operation, the total mass emission 

limitation in §F(2) of this regulation shall be reduced by the 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 measures are continuously employed on each unit and properly adjusted for optimal control 

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 certified in accordance with 40 CFR Part 75. 

B. Beginning with calendar year 2007 and each year thereafter, the owner or operator 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 than 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; 
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(2) Emissions of NOx and SO2, 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 judicial review of determinations by the Department to reduce or 

waive penalties for failure to achieve timely compliance with this chapter in accordance with Environment 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 Article, §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 area 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 telephone number of a contact person for more information; 

(b) The name and address of the person requesting 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 considered 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 right 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 comments 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. 
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(3) Notice of the final determination shall be mailed to each person 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 through 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 emergency provision effective January 18, 2007 (34:3 Md. R. 291); adopted permanently effective 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 September 7, 2009 (36:18 Md. 

R. 1382) 

Regulation .02C repealed effective July 8, 2013 (40:13 Md. R. 1077) 

Regulation .03 amended as an emergency provision effective April 11, 2009 (36:10 Md. R. 715); amended permanently effective September 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, Annotated 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 affected trading unit that is not included in the allocation of allowances in 

Regulation .08 of this chapter. 

(4) "Renewable energy project" means a project that generates electricity by solar energy, wind, tidal energy, geothermal 

energy, or a hydroelectric facility, and, except as otherwise provided, commenced operation on or after January 1, 2007. 

(5) "Set aside pool" means a reserve of NOx allowances to be used to provide the ozone season and annual NOx allowances 

to new affected trading units, renewable energy projects, and consumers of electric power. 

.02 Incorporation by Reference. 

A. In this chapter, except for the provisions in §C of this regulation, the following documents are incorporated by reference. 

B. Documents Incorporated. 

(1) 40 CFR §§96.101—96.188, CAIR NOx Annual Trading Program. 

(2) 40 CFR §§96.201—96.288, CAIR Sulfur Dioxide Trading Program. 

(3) 40 CFR §§96.301—96.388, CAIR NOx 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 Regulation .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 has 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 provide the necessary allowances to those eligible for allowances 

under Regulation .01B(5) of this chapter, new affected trading units have first priority and allowances will be distributed in 

accordance with the provisions in 40 CFR §§96.142(c) and 96.342(c). Allowances will be distributed to renewable energy 

projects and consumers of electric power only to the extent that they are available from the set aside pool. 

.04 Requirements for New Affected Trading Units and NOx Set Aside Pool. 

A. Obtaining NOx 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 for 

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; and 
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(c) The permitted annual and ozone season NOx 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 NOx

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 unit, 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 allocated 

allowances under 40 CFR §§96.142(b) and 96.342(b). 

.05 NOx Allowances for Renewable Energy Projects and Consumers of Electric Power. 

A. Following any distribution of NOx 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 Projects 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 owner 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 commence operation. 

(3) If allowances are available in the set aside pool and after 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, the 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 this 

chapter may request allowances from the set 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 information, if allowances are available in the set aside pool, 

the Department will determine the number of allowances to be distributed to the renewable energy project by applying a factor of 

1.5 pounds per megawatt hour to the actual annual megawatt hours of electric provided to the consumer of electric power for each 

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 Allowances 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 distribute allowances on a first-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; 
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(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 renewable 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, NOx 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 NOx annual allowances and 40 CFR §§96.351 and 96.352 for NOx ozone season 

allowances. 

.06 NOx 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 transferred to a retirement account established by the EPA in the 

allowance tracking system. Allowances for a consumer of electric power shall be considered only if the total electric power that 

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 located in Delaware, the District of Columbia, Pennsylvania, Virginia, or West Virginia. 

E. Allowances for consumers of electric power shall be based on a factor of 1.5 pounds of NOx per megawatt hour of 

electricity purchased. That factor shall apply for both ozone season and annual allowances. 

.07 Distribution of Unused NOx 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 in 

the allowance tracking system. The remaining portion of unused allowances shall be distributed to the affected trading units listed 

in Regulation .08 of this chapter in accordance with the proportions in the initial allowance allocations. The unused ozone season 

and annual allowances shall be distributed to the affected trading units by March 15 of the year following the end of each control 

period. 

B. Unused allowances established under the COMAR 26.11.29 (NOx SIP Call) set aside pool shall remain in the Department's 

account until a determination for use of the allowances is made by the Department. The Department shall notify the EPA of the 

disposition of these allowances. 

.08 Allocation of NOx 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 4 178 305 
EPARTMENT 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 38 
AIR 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 amended 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 effective June 16, 2008 (35:12 Md. R. 1121) 

Regulation .07A amended effective June 16, 2008 (35:12 Md. R. 1121) 
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26.11.29 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 29 NOx 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 fuel fired stationary boiler, combustion turbine, or combined cycle system that 

sells any amount of electricity. 

(2) "Non-electric generating unit" means a fossil 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 Portland Cement Manufacturing Plants. 

A. A person who owns or operates a cement kiln at a Portland cement manufacturing plant subject to this chapter shall, on or 

before May 1, 2003 until April 1, 2011, either meet the applicable NOx emission standards in §B of this regulation or implement 

one of the following control measures: 

(1) Install low NOx 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 NOx per ton of clinker produced; 

(2) For long dry kilns, maximum emissions of 5.1 pounds of NOx per ton of clinker produced; and 

(3) For pre-heater/pre-calciner or pre-calciner kilns, maximum emissions of 2.8 pounds of NOx per ton of clinker produced. 

C. Compliance with the emission standards in §B of this regulation 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 and cement kilns shall meet the 

applicable NOx 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 NOx 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 NOx 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, beginning with the 2002 control period. 

B. The NOx 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 

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Effective as of November 12, 2010 

.05 Emission Reduction Requirements for Stationary Internal Combustion Engines at Natural Gas Pipeline Compression 

Stations. 

A. This regulation applies to a stationary internal combustion engine 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 NOx 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 NOx 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 November 24, 2003 (30:23 Md. R. 1654) 

—————— 

Regulations .01—.15 repealed and new Regulations .01—.05 adopted as an emergency provision 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 NOx 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 provision effective January 1, 2010 (37:4 Md. R. 336); repealed permanently effective May 31, 2010 (37:11 Md. R. 766) 
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26.11.31 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, Annotated Code of Maryland 

.01 Scope. 

This chapter codifies the quality assurance (QA) and quality control (QC) procedures previously 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 provisions 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 evaluate 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 where 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 conduct the required QA procedures beginning with the first calendar quarter following

the successful performance specification test. 

E. These procedures explicitly specify the quality assessment methods to be used for calibration drift and quality audits but do 

not address the evaluation of monitor installation location or the design specification verification procedures which are addressed 

in Appendix B of 40 CFR Part 60. 

.03 Incorporation by Reference. 

A. In this chapter, the following documents 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 output 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 difference between the opacity values indicated by the COM and the known values of a 

series of calibration attenuators (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 analyzer internal optical surfaces and all 

electronic circuitry including the lamp and photodetector assembly. 

(4) “Span 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 which 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 obscuration 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 for 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 variables, this chapter treats QC requirements in general terms to allow each source owner or 

operator to develop a QC system that is more effective and efficient for the circumstances. However, the final data output device 

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 develop 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 approved 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 written procedures which describe in detail complete, step-bystep procedures and operations for 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 discovery 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 opacity values at least once 

daily in accordance with the method prescribed by the manufacturer. 
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26.11.31.09 

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 example, microprocessor control) 

shall be programmed to record the unadjusted opacity before resetting 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 applicable 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 result 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 action 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 allowable limit or the time corresponding to the completion of the daily CD check preceding the 

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) and the high-level measurement points being within the corresponding 

allowable CD limit. 

.08 Audit Frequency. 

A. Each COM shall undergo a performance audit at least once each calendar quarter. Successive quarterly performance audits 

shall not occur within 2 months. 

B. A zero alignment audit shall be conducted at least annually, with each coming before a corresponding quarterly 

performance audit. Successive zero alignment audits 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. Calculations for COM data shall be in accordance with monitor 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 program, 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 

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Effective as of June 13, 2011 

(c) The stack exit correlation error is determined as the ratio of the measured 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 the 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 according 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, where 

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 when a measurement error of 2 percent opacity or greater is caused 

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 (or 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 condition 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 opacity 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 Regulation .09C(7) of this chapter, three filters shall each be placed in the light 

path five times and the monitor responses shall be determined from the permanent data recorder. 

(2) The 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 the 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. 
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Effective as of June 13, 2011 

(1) The stability of the attenuator values shall be checked at least 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 corrected 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 practical, 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 compare the monitor 

responses to the simulated zero check and the actual clear path condition. Primary and alternate methods for performing the zero 

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 conditions. This is accomplished for the 

installed transmissometer where the process is not operating and the monitor pathlength is free of particulate matter or the monitor 

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 the transmissometer components. For some monitors it may also be necessary to disable the zero 

compensation mechanism or to record the amount of correction applied to the simulated zero condition. 

(c) The monitor response to the clear path condition and to the 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 device 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 facilitate 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. Performance of the COM shall be considered acceptable if it meets the following criteria: 
DEPARTMENT OF THE ENVIRONMENT 

26.11.31.12 

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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 Accumulation: < 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 document incorporated by reference in 

Regulation .03B(2) of this chapter. 

(b) The zero alignment is acceptable if the error of the simulated zero check is less than 2 percent opacity before 

adjustment. 

(c) The simulated zero check should be adjusted to provide the correct 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 unacceptable 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 conduct a COM performance 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 — Multiple Performance Audits. 

(1) If an audit conducted in accordance with Regulation .09 of this chapter identifies unacceptable performance (that is, outof-control conditions) for two consecutive quarters, the source owner or operator shall revise the current written QC procedures 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 Department for approval, along with a copy of the 

current approved procedures. 

C. Unacceptable Zero Alignment. 

(1) The performance of the monitoring system is unacceptable if the error of the simulated 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 owner 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 operator shall conduct zero alignment audits 

at least twice each year during nonconsecutive calendar quarters. 
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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 Pollution Compliance Loan Program repealed, and new Regulations .01—.12 under new chapter, Quality Assurance 

Requirements for Continuous Opacity Monitors (COMs) adopted effective June 13, 2011 (38:12 Md. R. 708)
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26.11.32 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 Organic Compounds from Consumer Products 

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

.01 Applicability and Exemptions. 

A. Applicability. This chapter applies to a person that sells, supplies, 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 comply 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 antiperspirants 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 .04B 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 compounds 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 containing 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; and 
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(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 Insecticide, Fungicide, and Rodenticide Act (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 Department that the purchase was made with reasonable good faith 

efforts to assure that the product met 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 and distributors that only complying products will be accepted for sale in 

the State; 

(b) Written agreements between the retailer and the manufacturers 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 Ignition 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 Compounds (VOC) in Consumer Products, adopted September 

25, 1997, and as last amended on September 3, 1999. 

(5) ASTM Designation: D86-04b Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 

.03 Definitions. 

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

B. Terms 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; and 
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(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, expressed to the nearest pound of VOC and calculated 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 charcoal 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 CH2 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 nearest 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 through 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 applicable 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 Department, 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 product, 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. 
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(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 CH2 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 remove 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 sticking 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. 
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(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 deodorize 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 products 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 advertising may be considered. The presence of, and representations about, a 

product's fragrance and ability to deodorize 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 for 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, preoperative 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 cleaner 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, sticks, pumps, pads, creams, and squeeze-bottles. 

(21) Anti-Static Product. 

(a) "Anti-static product" means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static. 

(b) "Anti-static product" does not include electronic cleaner, floor polish or wax, or floor coating. 

(22) "Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to 

pavements, or to curbs. 

(23) "ASTM" means the American Society for Testing and Materials. 
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(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 hand, face, or body cleaner or soap product, 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 vehicle brake mechanisms. 

(27) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-thehood applications which require oil and plasticizer 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 product designed for use in a pump spray that 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 product designed to seal out moisture, increase gloss, or 

otherwise enhance a motor vehicle's painted surfaces. 

(b) "Automotive wax, polish, sealant, or glaze" includes products designed for use 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 composed of solid material feeding stimulants with less than 5 percent 

active ingredients. 

(34) Bathroom and Tile Cleaner. 

(a) "Bathroom and tile cleaner" means a product labeled to clean tile or surfaces in bathrooms. 

(b) "Bathroom 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 California Air Resources Board. 
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(37) Carburetor or Fuel-Injection 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 designed 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 wool, 

cotton, nylon, or other synthetic fabrics. 

(b) "Carpet and upholstery cleaner" includes products 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 manufacturing. 

(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 caulking 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 material 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 which 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 including 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 board, 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 material, mirror tiles and other types of tiles, and artificial grass. 

(b) "Construction, panel, and floor covering adhesive" does not include floor seam sealer. 

(44) 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. 
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(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 aerosol 

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 impossible or difficult to reposition after both adhesive-coated surfaces are 

placed in contact with each other; and 

(iv) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought 

together using sufficient momentary pressure to establish full contact between both surfaces. 

(b) "Contact 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" means 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 wood 

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 responsible 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 substance 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, including, 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 the product is suitable for use against 

house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling 

arthropods. 

(52) "Date-code" means the day, month, and year on which the consumer product was manufactured, filled, or packaged, or 

a code indicating that date. 
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(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 provide 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 microorganisms 

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 viruses on surfaces or inanimate objects and for which the label is registered under the Federal Insecticide, 

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, general 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 manufacturers, retailers, or consumers. 

(58) "Double phase air freshener" means an aerosol air freshener with 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) Upholstery fabric designed to be cleaned only with water-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 commercial businesses that clean fabrics 

such as draperies at a customer's residence or work place. 

(c) "Dry cleaning fluid" does not include spot remover or carpet and upholstery cleaner. 
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(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 labeled 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 not include general purpose cleaner, general purpose degreaser, dusting aid, electronic 

cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product, or products designed to clean 

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, including 

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 cleaner" means a product: 

(i) That is labeled to clean or degrease electrical equipment, 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 equipment use only. Not to be used for motorized vehicle 

maintenance, or their parts." 

(b) "Energized electrical cleaner" does not include electronic 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 applicable 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 method to verify data comprising these summaries is submitted by the 

responsible ACP party and approved by the Department; and 

(iii) Other accurate product sales records approved by the Department as meeting the criteria specified in §B(65)(a) of 

this regulation. 

(66) "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; or 
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(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, automotive 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 only, soft household surface sanitizer means a product labeled to neutralize or 

eliminate odors on surfaces listed in §B(68)(a) of this regulation 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 facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated 

forms. 

(c) "Facial cleaner or soap" does not include prescription drug products, antimicrobial 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 include 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 product 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 other 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 product designed 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. 
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(77) "Floor seam sealer" means a product designed and labeled exclusively for bonding, fusing, 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, enhance, clean, protect, or modify the appearance, durability, or fit including both leather 

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 external 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 finished 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 permanent 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 Locking 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 disperse phase has combined with the continuous phase to produce a semisolid 

material, such as jelly. 

(86) General Purpose Adhesive. 

(a) "General purpose adhesive" means a nonaerosol adhesive designed for use on a variety of substrates. 
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(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 specific 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 functional 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 carpets). 

(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, decals, 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 general 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, including automotive or miscellaneous metallic parts. 

(b) "General purpose degreaser" does not include: 

(i) Engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized 

electrical cleaner, or metal polish or cleanser; 

(ii) Products used exclusively in solvent cleaning tanks or related equipment such as cold cleaners, vapor degreasers, 

conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a 

container; or 

(iii) Products 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. 
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(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 hand 

cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. 

(91) Glass Cleaner. 

(a) "Glass cleaner" means a cleaning product designed primarily for cleaning 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, scientific equipment, or photocopying machines. 

(92) Graffiti Remover. 

(a) "Graffiti remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, 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, expressed to the nearest pound, of an ACP product during a 

specific compliance period based on either of the following methods 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 represented by 

the State's current population; or 

(b) Another documented method that provides an accurate estimate of the total current 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 styling 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 impart 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 rigidity, to hold, retain, or finish the style of the hair for a period of 

time and includes aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or sparkle hair sprays that make finishing 

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) 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 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. 
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(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, stick, temporary hair straightener, wax, spray products that aid in 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, medicated 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 compound 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 require a permit for use and possession. 

(107) "Insecticide fogger" means an insecticide product designed to release all or most of its content, as a fog or mist, into 

indoor areas during a single application. 

(108) Institutional Product. 

(a) "Institutional 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 commodities, or provides services for profit; and 

(ii) Is engaged in the nonprofit promotion of a particular public, educational, or charitable cause. 
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(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 parts 

centers, health clubs, theaters, and transportation companies. 

(109) "Institutional use" means use within the lines of or on property necessary for the operation of buildings such as 

hospitals, schools, libraries, auditoriums, 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 product 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 product 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 detectable flow as determined under 

ASTM D4359-90(2000)el. 

(b) "Liquid" does not include powders or other materials 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 exclusively 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; 
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(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 mixture that contains at least one carbon atom and that boils above 216°C, as 

determined by CARB Method 310. 

(119) "Manufacturer" means a person who imports, manufactures, assembles, 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 include: hand, face, or body cleaner or soap products, 

astringent/toner, cold creams, lotions, antiperspirants, or products that must be purchased with a doctor's prescription. 

(121) "Medium volatility organic compound (MVOC)" means a volatile organic compound that exerts a vapor pressure 

greater than 2 millimeters of mercury, and less than or equal to 80 millimeters of mercury, when measured at 20°C. 

(122) Metal Polish or Cleanser. 

(a) "Metal polish or cleanser" means a product designed primarily to improve the appearance of finished metal, metallic, 

or metallized surfaces, by physical or chemical action, for the purpose of removing or reducing stains, impurities, or oxidation 

from surfaces or making surfaces smooth and shiny. 

(b) "Metal polish or cleanser" includes metal polishes used on brass, silver, chrome, copper, 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 

drawn 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. 
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(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 dry 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 institutional 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, conveyorized 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 lacquers, 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 consumer 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, slate, granite, brick, stone, ceramic tile, and concrete. 

(135) "Nonselective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to 

species. 

(136) "One-product business" means a responsible ACP party that sells, 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 contents in the products are within 98 percent and 102 percent of

the arithmetic mean of the VOC contents 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 serve 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 strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the substrate. 
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(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 claim 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 bacterial growth on feet or other areas of the body; 

(iii) Mouthwashes, breath fresheners, and deodorizers; 

(iv) Lotions, moisturizers, powders, or other skin care products 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 accurate records available to the Department, whichever yields 

the lowest VOC content for the product. 

(147) Pressurized Gas Duster. 

(a) "Pressurized gas duster" means a pressurized product labeled to remove dust from a surface solely by means of mass 

air or gas flow, including surfaces such as photographs, photographic 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. 
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(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 form 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 action 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 restricted 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 products are sold, supplied, or offered for sale directly to 

consumers. 

(163) "Roll-on product" means an antiperspirant or deodorant that 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 vinyl covers, clothing, and accessories. 
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(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 leave 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 product 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, clear, paintable, water resistant caulking compounds, floor seam sealers, products designed exclusively for

automotive uses, or sealers that are 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 that 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 when 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 occurring 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" means 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) "Solid" 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; 
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(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 fluid, 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 the year that the registration is due; or 

(b) If the data in §B(178)(a) of this regulation is not available, for a consecutive 12-month period beginning not earlier 

than 2 years before the due date of the registration. 

(179) "Stick product" means an antiperspirant or deodorant that contains active ingredients in a solid matrix form and 

dispenses the active ingredients by frictional 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-containing 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 pressurized product that is designed to temporarily inflate and seal 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, recreational motor homes, boats, ships, and aircraft. 
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(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 required VOC content or enforceable sales records; 

(b) Expressed to the nearest pound and calculated 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 the ACP, or the current actual VOC content, if the responsible ACP party has provided 

all required VOC content data (for the entire compliance 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 sales records (for any portion of the compliance period), as specified 

in the ACP agreement approving the ACP, or the current actual 1-year enforceable sales for the product, if the responsible ACP 

party has provided all required enforceable sales records (for the entire compliance period), as specified 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 sales 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 sales records or VOC content data as specified in the ACP agreement. 

(188) "Type A propellant" means a compressed gas such as carbon dioxide (CO2), nitrogen (N2), nitrogen oxide (N2O), or 

compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within 

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 product's principal display panel, label, or accompanying 

literature that describes to the end user how and in what quantity the product is to be used. 

(193) "Vinyl/fabric/leather/polycarbonate coating" means a coating designed and labeled exclusively to coat vinyl, fabric, 

leather, or polycarbonate substrates. 

(194) VOC Content. 

(a) "VOC content" means, except for charcoal 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. 
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(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 Management District Rule 1174 Ignition Method Compliance Certification 

Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH2 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 against 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 consumer 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 70 
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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 Automotive 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: 

 
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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 4 

 
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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 3 

 
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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 Title 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 label, 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 recommended 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. 
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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 dates 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 Charcoal 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, Section 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 issued a currently effective certification 

under §C of this regulation; 

(c) The charcoal lighter material meets the formulation criteria and other conditions specified in the applicable ACP 

agreement issued under §C of this regulation; and 

(d) The product usage directions for the charcoal 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), including 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 satisfaction 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 Department shall advise the applicant 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 information requested, the Department shall advise the applicant in writing if 

testing is still required before the application can be deemed complete. 
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Effective as of November 12, 2010 

(5) The Department shall act on a complete application after the application is deemed complete. If the Department finds 

that an application meets the requirements of §C of this regulation, then an ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying the conditions necessary to ensure that the requirements of this regulation are met. 

D. Application for Certification. 

(1) An application for certification of a charcoal 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, label, 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 accurately reflect the quantity of charcoal lighter 

material per pound of charcoal that was used under the South Coast 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 certain "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 Department in writing within 30 days of: 

(1) A change in the usage directions; or 

(2) A change in product formulation, test results, or other information 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 Certification. If the Department determines that a certified charcoal lighter material 

formulation results in VOC emissions from the ignition of charcoal 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 chapter, 

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 VOCs 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 the 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 the 

VOC limit for the product shall be the lowest applicable VOC 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; 
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(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 stripper shall specify a dilution ratio for light 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 contact adhesive, electronic cleaner, footwear or leather care product, or general purpose 

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 above in §A of this regulation shall 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 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, 2011. 

D. Impurities. The requirements in §§A and C of this regulation 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, Electrical 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, electrical cleaner, or graffiti remover that contains any of the following 

compounds: 

(1) Methylene chloride; 

(2) Perchloroethylene; or 

(3) Trichloroethylene. 
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B. Sell-Through of Products. Adhesive removers, electrical cleaners, and graffiti removers 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. Any person who sells or supplies a consumer product identified in §A of this regulation shall 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 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, 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 urinal 

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, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Title 

17 of the California Code of Regulations is exempt from the standards in Regulation .04B of this chapter for as long as the CARB 

innovative products exemption remains in effect and all consumer 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 to 

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 product category based on tests accepted for that 

product category by the consumer products industry. 
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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 convincing evidence that, due to some characteristic of the product formulation, design,

delivery systems, or other factors, the use of the product will result in less VOC emissions as compared to: 

(a) VOC emissions from a representative consumer product which 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: 

ER = (ENC × VOCSTD) / VOCNC

where: 

(i) ER = VOC emissions from the noncomplying representative product, had it been reformulated; 

(ii) ENC = VOC emissions from the noncomplying representative product in its current formulation; 

(iii) VOCSTD = VOC limit specified in the table of standards in Regulation .04B of this chapter; and 

(iv) VOCNC = 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 for 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 establish 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 manufacturer 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 Department shall determine whether an application is complete. 

F. Departmental Decision on Innovative Product Exemption. 

(1) On receipt and review of a complete application, the Department shall determine 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; and 
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(d) Other parameters the Department 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 granted 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 notification of the product's emissions 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 which 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 portion of the code with the Department not later than 12 months before 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 subject 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: 

YY DDD = year year day day day 

Where: 

"YY" = two digits representing the year in which the product was manufactured; and 
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"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 modified 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 without the express authorization of the manufacturer. 

(6) Date code explanations for codes indicating the date of manufacture 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 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, packaging, or label or sticker affixed thereto, the lower VOC limit 

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, packaging, or label or sticker affixed thereto, the lower VOC limit 

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, and lawn and garden insecticide. 

C. Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover, Electronic Cleaner, Electrical Cleaner, 

Energized Electrical Cleaner, 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, adhesive remover, electronic cleaner, electrical cleaner, energized 

electrical cleaner, and contact adhesive product subject to this chapter shall ensure that all products clearly display the following 

information on each product container which is manufactured on or after the effective date for the category specified in the table 

of standards: 

(a) The product category as specified in Regulation .04B of this 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 control plan approved by the Department, and the product exceeds the 

applicable VOC standard in Regulation .04B of this chapter, the term "ACP" or "ACP product"; 

(d) If the product is classified as a special purpose spray adhesive, the applicable substrate, or application or an 

abbreviation of the substrate or application, that qualifies the product as special purpose; and 
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(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 Department 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 information 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 responsible 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 Government 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 nearest pound, and the method used to calculate State sales for each product form; 

(8) For information submitted 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 weight 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 compounds 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 comprised 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 any person under this regulation shall be maintained in accordance with the confidentiality 

requirements in State Government Article, §10-617, Annotated Code of Maryland. 
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C. Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride. 

(1) The requirements of this section apply to all responsible parties for consumer products that 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 during 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 perchloroethylene 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 formulator, 

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 provisions of Regulations .04—.10 of this chapter will be 

achieved; and 

(3) A plan reasonably detailing the method or methods by which compliance 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 from issuing the variance; and 

(c) The plan proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as 

possible. 

(2) If the Department determines that a variance may be granted, it shall prepare an order that contains the following: 

(a) A final 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. 
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(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 comply fully with the terms and conditions of the order, it will be

withdrawn, and the standards in Regulation .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 criteria 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 records in such a way that the records 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

Regulation .04B of this chapter for the period 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. 
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(2) A manufacturer claiming an ACP agreement on this basis 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 reduction credits created in the State. 

B. ACP Approved by the Department. A manufacturer may seek an ACP agreement in accordance 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 proposed 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 tracking 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 regulation, 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 product 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 requirements 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 responsible 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 period does not exceed 365 days; and 

(ii) The required VOC content and enforceable sales data for all ACP products are reported to the Department at the 

same time and frequency; 
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(b) An identification of specific enforceable sales records, to be provided to the Department not later than the compliance 

period dates specified in §C(2)(a) of this regulation, for enforcing 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 the 

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) calculated for each specified method; 

(e) The projected enforceable sales for each ACP product at each different VOC content for every compliance period that 

the ACP will be in effect; 

(f) A detailed demonstration that: 

(i) Shows the combination of specific ACP reformulations 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 that reformulations or surplus 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) and (3) for projecting the ACP emissions and ACP limits 

during each compliance period; and 

(v) Includes all VOC content levels and projected enforceable sales for all ACP products 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 reformulations 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 displayed 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 shortfalls 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 information 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) of this regulation, the responsible ACP party shall: 

(a) Provide the contact persons, phone numbers, names, and street 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 validity of the enforceable sales based on enforceable sales 

records provided by the contact persons or the responsible ACP party; 
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(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 application, 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 products subject to the ACP had met 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 Availability of Requested Information. 

A. All records specified in the ACP agreement shall be: 

(1) Maintained by the responsible ACP party for a minimum 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 Violations. 

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 satisfied. 

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 requirements of this chapter for each day that the approved ACP is in 

effect. 
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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 violation of the requirements of this chapter 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 violation 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 Department for determining compliance with the ACP requirements; 

(3) Failure to completely implement the reconciliation of shortfalls 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 the sale or transfer of invalid 

surplus reductions, constitutes a single, separate violation of the requirements of this chapter for each day during the time period 

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 requirements of this chapter for each day of the applicable compliance period. 

An exceedance of the ACP limit is determined as follows: 

(1) If the responsible ACP party has all required information for the applicable compliance period specified in the ACP 

agreement, then a determination whether an exceedance has occurred is made using 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 determination of whether an exceedance of the ACP 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 using 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 when 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) NEV = 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 limit violations under this section only if it has provided 

all required information for the applicable compliance period, 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. 
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H. A cause of action against a responsible ACP party under this regulation accrues when a violation occurs. 

I. The responsible ACP party is fully liable for violation of a requirement 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 the end of each compliance period within the time specified 

in the approved ACP. 

(4) Surplus reduction certificates 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 small or one-product businesses selling products under an approved 

ACP may purchase surplus reductions. An increase 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 responsible ACP party who generated the reductions or the 

responsible ACP party to which the reductions were traded, if the surplus reductions are not to be used by a responsible ACP 

party to further lower its ACP emissions 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 responsible ACP party's shortfalls, if the reconciliation is part of 

the reconciliation of shortfalls plan approved by the Department 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 the transfer as described in Regulation .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 transfer 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; 
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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 surplus reductions certificate, that: 

(a) Is signed by both the seller and buyer of the certificate, showing transfer of all or a specified 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 reductions fully understand the conditions and limitations placed 

upon the transfer of the 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 the 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 Department shall, upon approval of the ACP, issue surplus reduction 

credits for early reformulation of an ACP product if the responsible ACP party provides, to the satisfaction of the Department, the 

following: 

(1) Accurate documentation showing that the early reformulation 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 reformulated 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 "enforceable sales records" in 

Regulation .03B(65) of this chapter, and that demonstrate that the enforceable sales for the ACP product are at least 75 percent 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 early reformulation and the statistical accuracy and precision 

of the test methods. 

C. Surplus reduction credits issued under this regulation are calculated 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 reformulated ACP product, expressed to the nearest pound of 

ACP product; 

(3) VOC Contentinitial = 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 Contentfinal = The VOC content of the early reformulated ACP product after the early reformulation is achieved, 

expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product. 
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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 immediately 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 credits 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 compliance period, as specified in the ACP agreement approving the ACP. 

(2) Upon receipt of this information, the Department 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 notification 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 agreement, 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) The extent to which the ACP emissions and ACP limit specified in the ACP agreement will be changed for the 

applicable compliance period; and 

(d) The effective date and corresponding date-codes for the modification. 
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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 approving 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 the 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 limit 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 applicable State laws and regulations to determine if the ACP should be 

modified. 

(3) If an applicable VOC limit specified 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 agreement 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 the 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. 
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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 specified 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 meet 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 with 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 and 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 transferred 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) 
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26.11.33 Page 1 

Effective as of November 12, 2010 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 33 Architectural Coatings 

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

.01 Applicability and Exemptions. 

A. Except as provided in §§B—E of this regulation, this chapter applies to a person who, on or after January 1, 2005: 

(1) Supplies, sells, offers for sale, or manufactures an architectural coating for use within the State; or 

(2) Applies or solicits the application of an architectural coating within the State. 

B. Exemptions. This chapter does not apply to the following products: 

(1) An architectural coating that is sold or manufactured for: 

(a) Use outside of the State; 

(b) Shipment to other manufacturers for reformulation or repackaging; 

(2) An aerosol coating product; or 

(3) An architectural coating that is sold in a container with a volume of 1 liter (1.057 quart) or less. 

C. Sell-Through of Coatings. 

(1) A coating manufactured before the effective date of January 1, 2005, may be sold, supplied, or offered for sale after the 

effective date. 

(2) A coating that complies with the standards in effect at the time of manufacture may be applied at any time. 

(3) The provisions of this section do not apply to a coating that does not display the date or date code required under 

Regulation .12 of this chapter. 

D. Good Faith Effort; Discontinuance of Sale. 

(1) A retailer who makes an architectural coating available for sale that violates the standards in this chapter is not in 

violation of this chapter if: 

(a) The retailer demonstrates to the satisfaction of the Department that the purchase was made with reasonable good faith 

efforts to assure that the coating met applicable State requirements; and 

(b) The retailer, upon determining that a noncomplying coating was purchased, immediately discontinues sale of the 

coating in the State. 

(2) Good faith efforts include the following: 

(a) Written communication with manufacturers and distributors that only complying coatings will be acceptable for sale 

in the State; 

(b) Written agreements between the retailer and the manufacturers and distributors, in which the manufacturers and 

distributors commit to supply only complying coatings; 

(c) The implementation of a self-audit program that periodically evaluates the purchase and sale of architectural coatings 

regulated under this chapter; and 

(d) The use of invoices, purchase orders, and other contractual and billing documents, which specify that only complying 

coatings are acceptable. 

E. Alternative Standards. 

(1) A person subject to this chapter may request an alternative standard in accordance with this section. 

(2) A person who requests an alternative standard with a higher VOC content than the standards in Regulation .05 of this 

chapter shall demonstrate to the Department's satisfaction that implementation of an alternative standard will not result in a 

decrease in the total emission reduction that would result from implementing the standards in Regulation .05 of this chapter. 

(3) If a request is approved by the Department, the alternative standard shall be adopted as a regulation. 
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Effective as of November 12, 2010 

(4) The standards in Regulation .05 of this chapter apply on January 1, 2005, unless an alternative standard is adopted by 

the Department as a regulation. 

.02 Test Methods — Incorporation by Reference. 

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

B. Documents Incorporated. 

(1) Flame Spread Index. The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation: 

E 84-01, "Standard Test Method for Surface Burning Characteristics of Building Materials". 

(2) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Designation: 

E 119-00a, "Standard Test Methods for Fire Tests of Building Construction Materials". 

(3) Gloss Determination. The gloss of a coating shall be determined by ASTM Designation: D 523-89 (Reapproved 1999), 

"Standard Test Method for Specular Gloss". 

(4) Metal Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality 

Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction", (Approved July 1996) SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(5) Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Designation: D 1613-96 

(Reapproved 1999), "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, 

Lacquer, and Related Products". 

(6) Drying Times. 

(a) The set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating shall be determined by ASTM 

Designation: D 1640-95 (Reapproved 1999), "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings 

at Room Temperature". 

(b) The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM 

Designation: D 1640-95 (Reapproved 1999), "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at 

Room Temperature". 

(7) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM Designation: D 4214-98, "Standard 

Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films". 

(8) Exempt Compounds—Siloxanes. Exempt compounds that are cyclic, branched, or linear, completely methylated 

siloxanes, shall be analyzed as exempt compounds by Bay Area Air Quality Management District (BAAQMD) Method 43, 

"Determination of Volatile Methylsiloxanes in Solvent Based Coatings, Inks and Related Materials," BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996. 

(9) Exempt Compounds—Parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride, shall be 

analyzed using BAAQMD Method 41 "Determination of Volatile Organic Compounds in Solvent Based Coatings and Related 

Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995. 

(10) Exempt Compounds. The content of compounds exempt under U.S. EPA Method 24 shall be analyzed using South 

Coast Air Quality Management District (SCAQMD) Method 303-91 "Determination of Exempt Compounds (Revised 1993)", 

SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(11) VOC Content of Coatings. The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in 

Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings". 

(12) Alternative VOC Content of Coatings. The VOC content of coatings may be analyzed by either U.S. EPA Method 24 

as it exists in Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume 

Solids, and Weight Solids of Surface Coatings" or SCAQMD Method 304-91 "Determination of Volatile Organic Compounds 

(VOC) in Various Materials (Revised 1996)", SCAQMD Laboratory Methods of Analysis for Enforcement Samples. 

(13) Methacrylate Traffic Marking Coatings. The VOC content of methacrylate multicomponent coatings used as traffic 

marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, "Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings" (September 11, 1998). 
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(14) ASTM Designation: D 4082-02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in LightWater Nuclear Power Plants". 

(15) ASTM Designation: D 3912-95 (Reapproved 2001), "Standard Test Method for Chemical Resistance of Coatings Used 

in Light-Water Nuclear Power Plants". 

.03 Definitions. 

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

B. Terms Defined. 

(1) "Adhesive" means a chemical substance that is applied for the purpose of bonding two surfaces together other than by 

mechanical means. 

(2) "Aerosol coating product" means a pressurized coating product that: 

(a) Contains pigments or resins that dispenses product ingredients by means of a propellant; and 

(b) Is packaged in a disposable can for handheld application, or for use in specialized equipment for ground 

traffic/marking applications. 

(3) "Antenna coating" means a coating labeled and formulated exclusively for application to equipment and associated 

structural appurtenances that are used to receive or transmit electromagnetic signals. 

(4) "Antifouling coating" means a coating that is: 

(a) Labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or 

reduce the attachment of marine or freshwater biological organisms; and 

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et 

seq.) and with the State. 

(5) Appurtenance. 

(a) "Appurtenance" means an accessory to a stationary structure that is coated at the site of installation, whether installed 

or detached. 

(b) "Appurtenance" includes the following: 

(i) Bathroom and kitchen fixtures; 

(ii) Cabinets; 

(iii) Concrete forms; 

(iv) Doors; 

(v) Elevators; 

(vi) Fences; 

(vii) Hand railings; 

(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; 

(ix) Lampposts; 

(x) Partitions; 

(xi) Pipes and piping systems; 

(xii) Rain gutters and downspouts; 

(xiii) Stairways; 

(xiv) Fixed ladders; 

(xv) Catwalks and fire escapes; and 

(xvi) Window screens. 
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(6) Architectural Coating. 

(a) "Architectural coating" means a coating to be applied to: 

(i) Stationary structures or their appurtenances at the site of installation; 

(ii) Portable buildings at the site of installation; 

(iii) Pavements; or 

(iv) Curbs. 

(b) "Architectural coating" does not include: 

(i) Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, or 

automobiles; or 

(ii) Adhesives. 

(7) "Bitumens" means a black or brown material such as asphalt, tar, pitch, and asphaltite that: 

(a) Is soluble in carbon disulfide; 

(b) Consists mainly of hydrocarbons; and 

(c) Is obtained from natural deposits or as residues from the distillation of crude petroleum or coal. 

(8) "Bituminous roof coating" means a coating which incorporates bitumens that is labeled and formulated exclusively for 

roofing. 

(9) "Bituminous roof primer" means a primer that incorporates bitumens and is labeled and formulated exclusively for 

roofing. 

(10) "Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly 

poured top layer of concrete from bonding to the layer over which it is poured. 

(11) "Calcimine recoater" means a flat solvent borne coating formulated and recommended specifically for recoating 

calcimine-painted ceilings and other calcimine-painted substrates. 

(12) "Clear brushing lacquer" means a clear wood finish, excluding clear lacquer sanding sealers, formulated with 

nitrocellulose or synthetic resins: 

(a) To dry by solvent evaporation without chemical reaction; 

(b) To provide a solid, protective film, which is intended exclusively for application by brush; and 

(c) Which are labeled as specified in Regulation .12 of this chapter. 

(13) "Clear wood coatings" means a clear and semitransparent coating, including lacquers and varnishes, applied to wood 

substrates to provide a transparent or translucent solid film. 

(14) Coating. 

(a) "Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional 

purposes. 

(b) "Coating" includes, paints, varnishes, sealers, and stains. 

(15) "Colorant" means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural 

coating after packaging in sale units to produce a desired color. 

(16) "Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to 

retard the evaporation of water. 

(17) "Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, 

resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, 

allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish. 
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(18) "Conversion varnish" means a clear acid curing coating with an alkyd, or other resin blended with amino resins, which: 

(a) Is supplied as a single component or two-component product designed for professional application to wood flooring 

to produce a hard, durable, clear finish; and 

(b) Results in a film formation from an acid-catalyzed condensation reaction, affecting a transetherification of the 

reactive ethers of the amino resins. 

(19) "Dry fog coating" means a coating labeled and formulated only for spray application such that overspray droplets dry 

before subsequent contact with incidental surfaces in the vicinity of the surface coating activity. 

(20) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound 

(VOC) under COMAR 26.11.01.01B(53). 

(21) "Faux finishing coating" means a coating labeled and formulated as a stain or a glaze to create artistic effects such as 

the simulated appearance of dirt, old age, smoke damage, or marble and wood grain. 

(22) "Fire-resistive coating" means an opaque coating that has been: 

(a) Labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and 

other structural materials; and 

(b) Fire tested and rated by a testing agency in accordance with ASTM Designation E 119-98, "Standard Test Methods 

for Fire Tests of Building Construction Materials", and approved by building code officials for use in bringing building and 

construction materials into compliance with federal, State, and local building code requirements. 

(23) "Fire-retardant coating" means a coating that has been: 

(a) Labeled and formulated to retard ignition and flame spread; and 

(b) Fire tested and rated by a testing agency in accordance with ASTM Designation E 84-99, "Standard Test Methods for 

Fire Tests of Building Construction Materials", and approved by building code officials for use in bringing building and 

construction materials into compliance with federal, State, and local building code requirements. 

(24) "Flat coating" means a coating that is not defined under any other definition in this regulation and that registers gloss 

less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-89 (1999) 

"Standard Test Method for Specular Gloss". 

(25) "Floor coating" means an opaque coating that is labeled and formulated for application to flooring such as decks, 

porches, steps, and other horizontal surfaces that may be subjected to foot traffic. 

(26) "Flow coating" means a coating labeled and formulated exclusively for use by electric power companies or their 

subcontractors to maintain the protective coating systems present on utility transformer units. 

(27) "Form-Release Compound" means a coating labeled and formulated for application to a concrete form to prevent the 

freshly poured concrete from bonding to the form. The form may also consist of wood, metal, or some material other than 

concrete. 

(28) "Graphic arts coating or sign paint" means a coating labeled and formulated for hand-application using brush or roller 

techniques to indoor and outdoor signs, excluding structural components, and murals including letter enamels, poster colors, copy 

blockers, and bulletin enamels. 

(29) "High-temperature coating" means a high performance coating labeled and formulated for application to substrates 

exposed continuously or intermittently to temperatures above 204°C (400°F). 

(30) "Impacted immersion coating" means a high performance maintenance coating that is: 

(a) Formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water; 

and 

(b) Resistant to high-energy impact damage caused by floating ice or debris. 
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(31) "Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, 

undercoaters, intermediate coats, and topcoats, that is labeled as specified in Regulation .12 of this chapter and formulated for 

application to substrates exposed to one or more of the following extreme environmental conditions: 

(a) Immersion in water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of 

interior surfaces to moisture condensation; 

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical 

mixtures or solutions; 

(c) Repeated exposure to temperatures above 121°C (250°F); 

(d) Frequent and heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers, or 

scouring agents; or 

(e) Exterior exposure of metal structures and structural components. 

(32) "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or 

synthetic resins to dry by evaporation without chemical reaction to provide a solid, protective film. 

(33) "Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per 

gallon) of coating material. 

(34) "Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to 

protect the magnesite cement substrate from erosion by water. 

(35) "Mastic texture coating" means a coating: 

(a) Labeled and formulated to cover holes and minor cracks and to conceal surface irregularities; and 

(b) Applied in a single coat of at least 10 mils (0.010 inch) dry film thickness. 

(36) "Metallic pigmented coating" means a coating containing at least 48 grams of elemental metallic pigment per liter of 

coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95 "Determination of Weight 

Percent Elemental Metal in Coatings by X-Ray Diffraction". 

(37) "Multi-color coating" means a coating that: 

(a) Is packaged in a single container; and 

(b) Exhibits more than one color when applied in a single coat. 

(38) "Non-flat coating" means a coating that is: 

(a) Not defined under any other definition in this regulation; and 

(b) Registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM 

Designation D 523-89 (1999) "Standard Test Method for Specular Gloss". 

(39) "Non-flat—high gloss coating" means a non-flat coating that registers a gloss of 70 or above on a 60-degree meter 

according to ASTM Designation D 523-89 (1999) "Standard Test Method for Specular Gloss". 

(40) "Nonindustrial use" means use of an architectural coating except in the construction or maintenance of the following: 

(a) Facilities used in the manufacturing of goods and commodities; 

(b) Transportation infrastructure, including highways, bridges, airports, and railroads; 

(c) Facilities used in mining activities, including petroleum extraction; or 

(d) Utilities infrastructure, including power generation and distribution, and water treatment and distribution systems. 

(41) "Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel or 

concrete that: 

(a) Otherwise would be subject to intrusion by radioactive materials; 

(b) Are resistant to long-term (service life) cumulative radiation exposure as determined under ASTM Method D 4082-

89, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants"; 
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(c) Are relatively easy to decontaminate; and 

(d) Are resistant to various chemicals to which the coatings are likely to be exposed as determined under ASTM Method 

D 3912-80 (Reapproved 1989), "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power 

Plants". 

(42) Post-Consumer Coating. 

(a) "Post-consumer coating" means a finished coating that would have been disposed of in a landfill, having completed 

its usefulness to a consumer. 

(b) "Post-consumer coating" does not include manufacturing wastes. 

(43) "Pre-treatment wash primer" means a primer that: 

(a) Contains a minimum of 0.5 acid, by weight, when tested in accordance with ASTM Designation D 1613-96, 

"Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products"; and 

(b) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and promote 

adhesion of subsequent topcoats. 

(44) "Primer" means a coating labeled and formulated for application to a substrate to provide a firm bind between the 

substrate and subsequent coats. 

(45) "Quick-dry enamel" means a non-flat coating that is: 

(a) Labeled as specified in Regulation .12 of this chapter; and 

(b) Formulated to have the following characteristics: 

(i) Can be applied directly from the container under normal conditions with ambient temperatures between 16 and 

27°C (60 and 80°F); 

(ii) When tested in accordance with ASTM Designation D 1640-95, "Standard Method for Drying, Curing, or Film 

Forming of Organic Coatings at Room Temperature" sets to touch in 2 hours or less, is tack free in 4 hours or less, and dries hard 

in 8 hours or less by the mechanical test method; and 

(iii) Has a dried film gloss of 70 or above on a 60-degree meter. 

(46) "Quick-dry primer sealer and undercoater" means a primer, sealer, or undercoater that is dry to the touch in 30 minutes 

and can be re-coated in 2 hours when tested in accordance with ASTM Designation D 1640-95 "Standard Methods for Drying, 

Curing, or Film Formation of Organic Coatings at Room Temperature". 

(47) "Recycled coating" means an architectural coating formulated so that: 

(a) Not less than 50 percent of the total weight consists of secondary and post-consumer coating; and 

(b) Not less than 10 percent of the total weight consists of post-consumer coating. 

(48) "Residence" means areas where people reside or lodge, such as single and multiple family dwellings, condominiums, 

mobile homes, apartment complexes, motels, and hotels. 

(49) Roof Coating. 

(a) "Roof coating" means a non-bituminous coating labeled and formulated exclusively for application to roofs for the 

primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation. 

(b) "Roof coating" does not include metallic pigmented roof coatings, which are classified under the metallic pigmented 

coatings category. 

(50) "Rust preventive coating" means a coating formulated exclusively for nonindustrial use to prevent the corrosion of 

metal surfaces and labeled as specified in Regulation .12 of this chapter. 
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(51) Sanding Sealer. 

(a) "Sanding sealer" means a clear or semi-transparent wood coating labeled and formulated for application to bare wood 

to: 

(i) Seal the wood; and 

(ii) Provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. 

(b) "Sanding sealer" that also meets the definition of a lacquer is included in the lacquer category but not the sanding 

sealer category. 

(52) "Sealer" means a coating labeled and formulated for application to a substrate to: 

(a) Prevent subsequent coatings from being absorbed by the substrate; or 

(b) Prevent harm to subsequent coatings by materials in the substrate. 

(53) Secondary Coating. 

(a) "Secondary coating" means a fragment of a finished coating or a finished coating from a manufacturing process that 

has converted resources into a commodity of real economic value. 

(b) "Secondary coating" does not include excess virgin resources of the manufacturing process. 

(54) "Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the Lac beetle (Lacier 

lace), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction. 

(55) "Shop application" means application of a coating to a product or a component of a product in or on the premises of a 

factory or a shop as part of a manufacturing, production, or repairing process. 

(56) "Solicit" means require for use or to specify by written or oral contract. 

(57) "Specialty primer, sealer, and undercoater" means a coating that is labeled as required by Regulation .12 of this chapter 

and formulated for application to a substrate in order to: 

(a) Seal fire, smoke, or water damage; 

(b) Block stains; or 

(c) Condition a surface that has a chalk rating of four or less as determined by ASTM Designation D 4214-98, "Standard 

Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films". 

(58) "Stain" means a clear, semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but 

not conceal the grain pattern or texture. 

(59) "Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist 

swimming pool chemicals. 

(60) "Swimming pool repair and maintenance coating" means a rubber-based coating labeled and formulated to be used 

over existing rubber-based coatings for the repair and maintenance of swimming pools. 

(61) "Temperature-indicator safety coating" means a coating labeled and formulated as a color-changing indicator coating 

for: 

(a) Monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment; and 

(b) Application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F). 

(62) "Thermoplastic rubber coating and mastic" means a coating or mastic: 

(a) Formulated and recommended for application to roofing or other structural surfaces; 

(b) That incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids; and 

(c) That may also contain other ingredients including fillers, pigments, and modifying resins. 

(63) "Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired 

color. 
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(64) "Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other 

traffic surfaces such as curbs, bergs, driveways, parking lots, sidewalks, and airport runways. 

(65) "Undercoater" means a coating labeled and formulated to provide a smooth surface for subsequent coatings. 

(66) Varnish. 

(a) "Varnish" means a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by 

chemical reaction on exposure to air. 

(b) "Varnish" may contain small amounts of pigment to color a surface or to control the final sheen or gloss of a finish. 

(c) "Varnish" does not include a conversion varnish. 

(67) "VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in 

Regulation .14 of this chapter. 

(68) "Waterproofing sealer" means a coating labeled and formulated for application to a porous substrate for the primary 

purpose of preventing the penetration of water. 

(69) "Waterproofing concrete/masonry sealer" means a clear or pigmented film-forming coating that is labeled and 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining. 

(70) "Wood preservative" means a coating that is: 

(a) Labeled and formulated to protect exposed wood from decay or insect attack; and 

(b) Registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et 

seq.) and with the State. 

.04 General Standard — VOC Content Limits. 

Except as provided in this regulation, effective January 1, 2005, a person may not manufacture, blend, repackage for sale, 

supply, sell, offer for sale, solicit for application, or apply within the State an architectural coating with a VOC content in excess 

of the corresponding limit specified in Regulation .05 of this chapter. 

.05 VOC Content Limits. 

VOC content limits, expressed as grams per liter, are as follows: 

A. Flat coatings ... 100; 

B. Non-flat coatings ... 150; 

C. Non-flat—high gloss coatings ... 250; 

D. Specialty coatings: 

(1) Antenna coatings ... 530; 

(2) Anti-fouling coatings ... 400; 

(3) Bituminous roof coatings ... 300; 

(4) Bituminous roof primers ... 350; 

(5) Bond breakers ... 350; 

(6) Calcimine recoater ... 475; 

(7) Clear wood coatings: 

(a) Clear brushing lacquers ... 680; 

(b) Lacquers, including clear lacquer sanding sealers ... 550; 

(c) Sanding sealers, excluding clear lacquer sanding sealers ... 350; 

(d) Varnishes other than conversion varnishes ... 350; 

(8) Concrete curing compounds ... 350; 
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(9) Concrete surface retarder ... 780; 

(10) Conversion varnishes ... 725; 

(11) Dry fog coatings ... 400; 

(12) Faux finishing coatings ... 350; 

(13) Fire-resistive coatings ... 350; 

(14) Fire-retardant coatings: 

(a) Clear ... 650; 

(b) Opaque ... 350; 

(15) Floor coatings ... 250; 

(16) Flow coatings ... 420; 

(17) Form-release compounds ... 250; 

(18) Graphic arts coatings (sign paints) ... 500; 

(19) High-temperature coatings ... 420; 

(20) Impacted immersion coating ... 780; 

(21) Industrial maintenance coatings ... 340; 

(22) Low-solids coatings ... 120; 

(23) Magnesite cement coatings ... 450; 

(24) Mastic texture coatings ... 300; 

(25) Metallic pigmented coatings ... 500; 

(26) Multi-color coatings ... 250; 

(27) Nuclear coatings ... 450; 

(28) Pre-treatment wash primers ... 420; 

(29) Primers, sealers, and undercoaters ... 200; 

(30) Quick-dry enamels ... 250; 

(31) Quick-dry primers, sealers and undercoaters ... 200; 

(32) Recycled coatings ... 250; 

(33) Roof coatings ... 250; 

(34) Rust preventive coatings ... 400; 

(35) Shellacs: 

(a) Clear ... 730; 

(b) Opaque ... 550; 

(36) Specialty primers, sealers, and undercoaters ... 350; 

(37) Stains ... 250; 

(38) Swimming pool coatings ... 340; 

(39) Swimming pool repair and maintenance coatings ... 340; 

(40) Temperature-indicator safety coatings ... 550; 

(41) Thermoplastic rubber coating and mastic ... 550; 

(42) Traffic marking coatings ... 150; 

(43) Waterproofing sealers ... 250; 
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(44) Waterproofing concrete/masonry sealers ... 400; 

(45) Wood preservatives ... 350. 

.06 Most Restrictive VOC Limit. 

A. Most Restrictive Limit. If anywhere on the container of an architectural coating, label or sticker affixed to the container, or

in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, any

representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the 

coating categories listed in Regulation .05 of this chapter, then the most restrictive VOC content limit applies. 

B. Section A of this regulation does not apply to the following coating categories: 

(1) Lacquer coatings (including lacquer sanding sealers); 

(2) Metallic pigmented coatings; 

(3) Shellacs; 

(4) Fire-retardant coatings; 

(5) Pretreatment wash primers; 

(6) Industrial maintenance coatings; 

(7) Low-solids coatings; 

(8) Wood preservatives; 

(9) High-temperature coatings; 

(10) Temperature-indicator safety coatings; 

(11) Antenna coatings; 

(12) Antifouling coatings; 

(13) Flow coatings; 

(14) Bituminous roof primers; 

(15) Specialty primers, sealers, and undercoaters; 

(16) Calcimine recoaters; 

(17) Impacted immersion coatings; 

(18) Nuclear coatings; and 

(19) Thermoplastic rubber coating and mastic. 

.07 Painting Practices. 

A. An architectural coating container, the contents of which are applied to a surface by pouring, siphoning, brushing, rolling, 

padding, ragging, or other means, shall be closed when not in use. 

B. Architectural coatings containers include drums, buckets, cans, pails, trays, or other application containers. 

C. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use. 

.08 Thinning. 

A person may not add thinner to an architectural coating if the addition of thinner will result in violation of a standard in 

Regulation .05 of this chapter. 

.09 Rust Preventive Coatings. 

A person may not apply or solicit the application of any rust preventive coating for industrial use, unless the rust preventive

coating complies with the industrial maintenance coating VOC limit specified in Regulation .05 of this chapter. 
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.10 Coatings Not Listed in Regulation .05. 

A coating that does not meet the definitions for the specialty coatings categories listed in Regulation .05 of this chapter is 

subject to the VOC content limit for either a flat coating or a non-flat coating, based on its gloss as determined in Regulation .02 

of this chapter. 

.11 Lacquers. 

If a lacquer coating contains acetone and not more than 550 grams of VOC per liter of coating, less water and exempt 

compounds, before the addition of VOC, then a person may add up to 10 percent by volume of VOC to the lacquer to avoid 

blushing of the finish during days with relative humidity greater than 70 percent and temperature below 65°F, at the time of 

application. 

.12 Container Labeling Requirements. 

A. A person who manufactures an architectural coating subject to this chapter shall display the information listed in this 

regulation on the coating container or container label in which the coating is sold or distributed. 

B. Date Code. The date the coating was manufactured, or a date code representing the date of manufacture, shall be indicated 

on the label, lid, or bottom of the container. If the manufacturer uses a date code for a coating, the manufacturer shall file an 

explanation of each code with the Department. 

C. Thinning Recommendations. 

(1) A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or 

lid of the container. 

(2) This requirement does not apply to the thinning of architectural coatings with water. 

(3) If thinning of the coating before use is not necessary, the recommendation shall specify that the coating is to be applied 

without thinning. 

D. VOC Content. 

(1) A container of a coating subject to this chapter shall display either the maximum or the actual VOC content of the 

coating, as supplied, including the maximum thinning as recommended by the manufacturer. 

(2) The VOC content shall be displayed in grams of VOC per liter of coating. The VOC content shall be calculated using 

product formulation data, or determined using the test methods in Regulation .14B of this chapter. The equations in Regulation 

.14A of this chapter shall be used to calculate the VOC content. 

E. Industrial Maintenance Coatings. A manufacturer of an industrial maintenance coating shall display on the label or the lid 

of the container in which the coating is sold or distributed one or more of the following descriptions: 

(1) "For industrial use only"; 

(2) "For professional use only"; 

(3) "Not for residential use"; or 

(4) "Not intended for residential use". 

F. Clear Brushing Lacquers. The labels of a clear brushing lacquer shall prominently display both of the following statements: 

(1) "For brush application only"; and 

(2) "This product may not be thinned or sprayed". 

G. Rust Preventive Coatings. The labels of a rust preventive coating shall prominently display the statement "For Metal 

Substrates Only". 

H. Specialty Primers, Sealers, and Undercoaters. The label of a specialty primer, sealer, or undercoater shall, as applicable, 

prominently display one or more of the following descriptions: 

(1) "For blocking stains"; 

(2) "For fire-damaged substrates"; 

(3) "For smoke-damaged substrates"; 
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(4) "For water-damaged substrates"; or 

(5) "For excessively chalky substrates". 

I. Quick Dry Enamels. The label of a quick dry enamel shall prominently display: 

(1) The words "Quick Dry"; and 

(2) The dry hard time. 

J. Non-Flat—High-Gloss Coatings. The label of a non-flat—high-gloss coating shall prominently display the words "High 

Gloss". 

.13 Record Keeping Requirements. 

A. A person who manufactures a coating subject to this chapter shall, for each year beginning in 2005, maintain the following 

records: 

(1) Identification of each regulated product manufactured, the number of gallons of each coating sold in Maryland, and the 

VOC content of each coating; 

(2) For coatings that contain perchlororethylene or methylene chloride: 

(a) Identification for each regulated product that contains percholoroethylene or methylene chloride; 

(b) The total volume of each coating sold in Maryland; and 

(c) The volume percent, to the nearest 0.10 percent, of perchlororethylene or methylene chloride in the coating; and 

(3) The total volume of coatings manufactured that is sold in containers with a capacity of 1 liter or less. 

B. A coating manufacturer that is required to maintain records on the volume of coatings sold or distributed in Maryland shall 

show the method used to calculate the total sales or distribution. 

C. The records under this regulation shall be maintained for not less than 5 years and made available to the Department upon 

request. 

.14 Compliance Provisions and Test Methods. 

A. Calculation of VOC Content. 

(1) For the purpose of determining compliance with the VOC content limits in Regulation .05 of this chapter, the VOC 

content of a coating shall be determined by using the following procedures, as applicable: 

(a) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to 

the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds using the following 

equation: 

VOC content = (Ws - Ww - Wec) / (Vm - Vw - Vec) 

Where: 

VOC content = grams of VOC per liter of coating; 

Ws = weight of volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of coating, in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

(b) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the 

manufacturer's maximum recommendation, including the volume of any water and exempt compounds using the following 

equation: 

VOC content (ls) = (Ws - Ww - Wec) / (Vm) 
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 February 28, 2005 (32:4 Md. R. 412) 

Regulation .12K repealed effective February 28, 2005 (32:4 Md. R. 412) 

Regulation .13 repealed and new Regulation .13 adopted effective February 28, 2005 (32:4 Md. R. 412) 
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 Definitions, 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, Light-Duty and Medium-Duty Vehicles, 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 Vehicles 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 effective 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 effective 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), Division 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), Division 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), Division 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 effective August 7, 2012. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.34.02 

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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, §1977 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 Conversion Systems, as effective February 13, 2010. 

(22) Title 13, California Code of Regulations (CCR), Division 3, Chapter 1, Article 6, §2035 Purpose, Applicability, and 

Definitions, as effective November 9, 2007. 

(23) Title 13, California Code of Regulations (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), Division 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 Vehicles, 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 effective 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), Division 3, Chapter 1, Article 6, §2041 Mediation; Finding of 

Warrantable Condition, as effective December 26, 1990. 

(28) Title 13, California Code of Regulations (CCR), Division 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), Division 3, Chapter 2, Article 2, §2101 Compliance Testing and 

Inspection—New Vehicle Selection, Evaluation, and Enforcement Action, as effective 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), Division 3, Chapter 2, Article 2, §2109 New Vehicle Recall 

Provisions, as effective December 30, 1983. 
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26.11.34.02 

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), Division 3, Chapter 2, Article 2.1, Appendix A to Article 2.1 

California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures 

for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and 

Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Road 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 Emission-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 effective November 27, 1999. 

(39) Title 13, California Code of Regulations (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), Division 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), Division 3, Chapter 2, Article 2.1, §2119 Recordkeeping and 

Reporting Requirements, as effective November 27, 1999. 

(44) Title 13, California Code of Regulations (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 effective January 26, 1995. 

(49) Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 2.2, §2125 Ordered 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), Division 3, Chapter 2, Article 2.2, §2129 Proof of Correction 

Certificate, as effective January 26, 1995. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.34.02 

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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 effective 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), Division 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 Regulations (CCR), Division 3, Chapter 2, Article 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), Division 3, Chapter 2, Article 2.3, §2137 Vehicle and Engine 

Selection, as effective 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, §2140 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), Division 3, Chapter 2, Article 2.4, §2144 Emission Warranty 

Information Report, as effective 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), Division 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. 
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26.11.34 

26.11.34 Page 5 

Effective as of February 28, 2013 

(76) Title 13, California Code of Regulations (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 effective December 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 medium-duty passenger vehicles. 

(4) For purposes of this chapter, it is conclusively presumed that the equitable or legal title to any motor vehicle with an 

odometer reading of 7,500 miles or more has 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 registered vehicles where: 

(a) The mileage at the time of sale exceeds 7,500 miles; and 

(b) For vehicle dealers, the mileage at the time of sale is determined by the 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 licensed 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 Maryland; 

(10) An emergency vehicle; 

(11) A military tactical 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 stolen 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 

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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" means 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 requirements 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 calculation procedures and credit and debit provisions specified in Title 13 CCR §1961.1. 

(5) "California Fleet Average NMOG Requirements" means the requirements established under 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 Requirements, 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 CCR 

§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 board for the control of specified air contaminants from vehicular 

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 Standards. This meaning is extended for purposes of the application 

of California Standards in Maryland to include the Secretary, who shall act as the agent of the 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 special 

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 

26.11.34.05 

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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 primarily 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 interior 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 manufacture shall be the date of 

completion of the chassis. 

(21) Motor Vehicle. 

(a) "Motor vehicle" means a vehicle that is self-propelled. 

(b) "Motor vehicle" does not include a self-propelled wheelchair, 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" means 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 vehicle with an odometer reading 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 Secretary 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 emissions 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 zero emission vehicle. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.34.05 

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Effective as of February 28, 2013 

.05 Emissions Requirements. 

No person shall transfer in Maryland a new motor vehicle subject to this chapter unless that new motor vehicle has been 

certified by CARB to comply with all 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 chapter, produced and 

delivered for sale in Maryland by each manufacturer. 

C. Credits. Notwithstanding the provisions of the California 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 Credit Account Balances. 

A. Establishment of Credit Account Balances. 

(1) Upon request by a vehicle manufacturer, the Department shall establish NMOG credit account balances in Maryland 

that are proportionally equivalent 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 determined 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 applicable 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 methodology described in §A(3)(a) of this regulation; or 

(b) By March 1, 2012, if electing to utilize the methodology 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 treated 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 Average NMOG Requirements compliance report required under 

Regulation .13A(2)(a) of this chapter within 60 days of notification by the Department that the NMOG credit account balances 

have been validated. 

B. Validation of NMOG Credit Account Balances. 

(1) The establishment of NMOG credits into a manufacturer's Maryland NMOG credit account shall occur through 

consultation with the Department, the individual vehicle manufacturer, and the Executive Officer or the Executive Officer's 

designee. 
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Effective as of February 28, 2013 

(2) Credits may not be established in a manufacturer's Maryland NMOG credit account until: 

(a) The Executive Officer or the Executive Officer's designee certifies 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 manufacturer shall release the Executive Officer or the Executive 

Officer's designee from any confidentiality restrictions that would otherwise prohibit open consultation 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 Executive 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 demonstrated by each motor vehicle manufacturer. 

B. Compliance with §A of this regulation shall be based on the number of vehicles, subject to this chapter, produced and 

delivered for sale in Maryland by each manufacturer. 

C. Regional Compliance. 

(1) The Secretary may enter into a regional compliance agreement with vehicle manufacturers or other states implementing 

the California Standards. 

(2) Upon the effective date of a regional compliance agreement, motor vehicle 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 regional agreement that results in lesser emission reductions than would accrue in the 

absence of such an agreement or that allows manufacturers to use emission reduction credits more than once for regional or State 

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 chapter, 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 technology 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 manufacturer, 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 balances of each of its ZEV credit accounts 

maintained in California. 
DEPARTMENT OF THE ENVIRONMENT 

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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 years 2010 and earlier have been satisfied in California. 

(3) To determine Maryland ZEV credit account balances for non-Type III ZEVs, a manufacturer'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 applicable 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 the 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 balances 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 methodology described in §A(3)(a) of this regulation; or 

(b) By March 1, 2012, if electing to utilize the methodology 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 treated 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 California Zero Emissions Vehicle Requirements compliance report required under 

Regulation .13A(2)(c) of this chapter within 60 days of notification by the Department that the ZEV credit account balances have 

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 manufacturer's Maryland ZEV credit account until: 

(a) The Executive Officer or the Executive Officer's designee certifies 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 manufacturer shall release the Executive Officer or the Executive 

Officer's designee from any confidentiality restrictions that would otherwise prohibit open consultation 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 Executive Officer's designee. 

.11 Vehicle Testing. 

A. New Vehicle Certification Testing. 

(1) All new vehicles subject to this chapter shall be certified to meet all applicable California Standards in accordance with 

the test procedures defined in those standards. 
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Effective as of February 28, 2013 

(2) Motor vehicle certification testing performed for CARB and associated findings 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 regulation 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 California 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 otherwise 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 appropriate 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 subject to this chapter shall comply with all applicable California Warranty 

Requirements. 

B. Reports generated for or by CARB and associated findings 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 Compliance 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 the 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 Greenhouse 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 exemption 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 records of emissions-related part repairs performed under 

warranty. 

(3) Refusal to allow, or interference 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 perform 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 order 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 Recall 

Requirements shall be applicable to all vehicles subject to this chapter. 

(2) Except as allowed in §C(3) of this regulation, any voluntary 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 within 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 requirements 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 chapter 

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 subject 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 emergency provision effective December 31, 2012 (40:1 Md. R. 19); amended permanently effective March 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, Annotated Code of Maryland 

.01 Applicability and Exemptions. 

A. This chapter applies to a person who, on or after January 1, 2009: 

(1) Sells, supplies, offers for sale, or manufactures for sale in the State an adhesive, sealant, adhesive primer, or sealant 

primer for use in the State; or 

(2) Uses or applies, for compensation or facilities maintenance, an adhesive, sealant, adhesive primer, or sealant primer 

within the State. 

B. The requirements of this chapter do not apply to the use or sale of the following compounds: 

(1) Adhesives, sealants, adhesive primers, or sealant primers being tested or evaluated in a research and development, 

quality assurance, or analytical laboratory, if records are maintained as required in Regulation .05A of this chapter; 

(2) Adhesives, sealants, adhesive primers, or sealant primers that are subject to COMAR 26.11.19.15C(1)—(3), COMAR 

26.11.19.30 in accordance with the conditions in the regulation, or COMAR 26.11.32; 

(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less 

exempt compounds, as applied; 

(4) Cyanoacrylate adhesives; 

(5) Adhesives, sealants, adhesive primers, or sealant primers, except plastic cement welding, ABS, CPVC, and PVC 

adhesives, and contact bond adhesives that are sold or supplied by the manufacturer or supplier in containers with: 

(a) A net volume of 16 fluid ounces or less; or 

(b) A net weight of 1 pound or less; or 

(6) Contact bond adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 

gallon or less. 

C. The requirements of this chapter do not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface 

preparation solvents, or cleanup solvents in the following operations: 

(1) Tire repair operations, if the label of the adhesive states, "For Tire Repair Only"; 

(2) Research and development, testing, manufacture, assembly, and repair of: 

(a) Aerospace components; 

(b) Undersea-based ship and weapons systems components; and 

(c) Specialty electronic systems and subsystems for defense and homeland security; 

(3) The manufacture of medical equipment, including medical devices subject to COMAR 26.11.19.31; and 

(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with 

lamination equipment installed before July 1, 1992. 

D. The provisions of this chapter do not apply if: 

(1) The total VOC emissions from all noncomplying adhesives, sealants, adhesive primers, and sealant primers used at the 

source are less than 200 pounds per calendar year, or an equivalent volume; and 

(2) The person claiming the usage exemption under §D(1) of this regulation maintains monthly operational records 

sufficient to demonstrate compliance as required by Regulation .05B of this chapter. 
DEPARTMENT OF THE ENVIRONMENT 

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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, and surface preparation solvents if: 

(1) The total volume of noncomplying adhesives, sealants, primers, cleanup solvents, and surface preparation solvents 

applied facility-wide does not exceed 55 gallons per calendar year; and 

(2) The person claiming the usage exemption under §E(1) of this regulation maintains monthly operational records 

sufficient to demonstrate compliance as required by Regulation .05A of this chapter. 

F. This chapter does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State an adhesive, 

sealant, adhesive primer, or sealant primer that does not comply with Regulation .04A of this chapter, if the manufacturer or 

distributor makes and keeps records demonstrating that: 

(1) The adhesive, sealant, adhesive primer, or sealant primer is intended for shipment and use outside the State; and 

(2) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer, or 

sealant primer is not distributed to or within the State. 

G. Notwithstanding §F of this regulation, this chapter does apply to an adhesive, sealant, adhesive primer, or sealant primer 

that is sold, supplied, or offered for sale by a person to a retail outlet in the State. 

H. Regulation .04A of this chapter does not apply to the sale of an adhesive, sealant, adhesive primer, or sealant primer to a 

person using State permitted add-on air pollution control equipment, pursuant to Regulation .04E of this chapter, to comply with 

the requirements of this chapter. 

I. The VOC limitations in Regulation .04 of this chapter shall be applicable to single-ply roof membrane installation and repair 

adhesives, single-ply roof membrane sealants, and single-ply roof membrane adhesive primers according to the following 

schedule: 

(1) For the year 2009, from May 15 through September 15; 

(2) For the years 2010 and 2011, from May 1 through September 30; and 

(3) On and after January 1, 2012. 

.02 Incorporation by Reference. 

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

B. Documents Incorporated. 

(1) SCAQMD Method 304-91 Determination of Volatile Organic Compounds in Various Materials (Revised February 

1996). 

(2) ASTM Designation: ASTM D 4457-85 (Reapproved 1996) Standard Test Method for Determination of 

Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph. 

(3) ASTM Designation: ASTM E 260-91 Standard Practice for Gas Column Chromatography. 

(4) ASTM Designation: ASTM E 260-96 (Reapproved 2006) Standard Practice for Gas Column Chromatography. 

(5) ASTM Designation: ASTM D 3792-79 Standard Test Method for Water Content of Coatings by Direct Injection Into a 

Gas Chromatograph. 

(6) ASTM Designation: ASTM D 3792-86 Standard Test Method for Water Content of Coatings by Direct Injection Into a 

Gas Chromatograph. 

(7) ASTM Designation: ASTM D 2879-86 Standard Test Method for Vapor Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope. 

(8) EPA Technical Document "Guidelines for Determining Capture Efficiency", issued January 9, 1995 (40 CFR Part 51 

Appendix M). 

(9) CARB Method 100 Procedures for Continuous Gaseous Emission Stack Sampling (Amended July 28, 1997). 

(10) SCAQMD "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems", dated October 

3, 1989. 
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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 the purpose of bonding two surfaces together other than by 

mechanical means. 

(4) "Adhesive primer" means a product intended by the manufacturer for application to a substrate, before the application of 

an adhesive, to provide a bonding surface. 

(5) "Aerosol adhesive" means an adhesive packaged as an aerosol product in which the spray mechanism is permanently 

housed in a nonrefillable can designed for handheld application without the need for ancillary hoses or spray equipment. 

(6) "Aerospace component" means the fabricated part, assembly of parts, or completed unit of an aircraft, helicopter, 

missile, or space vehicle, including passenger safety equipment. 

(7) "Architectural sealant or primer" means a sealant or sealant primer intended by the manufacturer to be applied to 

stationary structures, including mobile homes, and their appurtenances such as hand railings, cabinets, bathroom and kitchen 

fixtures, fences, rain gutters and downspouts, and windows. 

(8) "Automotive glass adhesive primer" means an adhesive primer: 

(a) Labeled by the manufacturer to be applied to automotive glass before installation of the glass using an 

adhesive/sealant; and 

(b) That improves adhesion to pinch weld and blocks ultraviolet light. 

(9) "CARB" means the California Air Resources Board. 

(10) "Ceramic tile installation adhesive" means an adhesive intended by the manufacturer for use in the installation of 

ceramic tiles. 

(11) "Chlorinated polyvinyl chloride plastic" means a polymer of the vinyl chloride monomer that contains 67 percent 

chlorine and is normally marked with the identifier "CPVC". 

(12) "Chlorinated polyvinyl chloride welding adhesive" means an adhesive labeled for welding of chlorinated polyvinyl 

chloride plastic. 

(13) "Computer diskette jacket manufacturing adhesive" means an adhesive intended by the manufacturer to glue the foldover flaps to the body of a vinyl computer diskette jacket. 

(14) Contact Bond Adhesive. 

(a) "Contact bond adhesive" means an adhesive that: 

(i) Is designed for application to both surfaces to be bonded together; 

(ii) Is allowed to dry before the two surfaces are placed in contact with each other; 

(iii) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are 

placed in contact with each other; and 

(iv) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought 

together using sufficient momentary pressure to establish full contact between both surfaces. 

(b) "Contact bond adhesive" does not include rubber cements that are primarily intended for use on paper substrates or 

vulcanizing fluids that are designed and labeled for tire repair only. 
DEPARTMENT OF THE ENVIRONMENT 

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 cyanoacrylate content of at least 95 percent by weight. 

(19) "Dry wall installation" means the installation of gypsum dry wall to studs or solid surfaces using an adhesive 

formulated for that purpose. 

(20) "Exempt compound" means a compound that does not contain VOCs. 

(21) "Fiberglass" means a material consisting of extremely fine glass fibers. 

(22) "Flexible vinyl" means nonrigid polyvinyl chloride plastic with at least 5 percent by weight plasticizer content. 

(23) Indoor Floor Covering Installation Adhesive. 

(a) "Indoor floor covering installation adhesive" means an adhesive intended by the manufacturer for use in the 

installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll, or artificial grass. 

(b) "Indoor floor covering installation adhesive" does not include adhesives used to install ceramic tile and perimeter 

bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl. 

(24) "Laminate" means a product made by bonding together two or more layers of material. 

(25) "Low-solids adhesive, sealant, or primer" means a product that contains 120 grams or less of solids per liter of 

material. 

(26) "Marine deck sealant" or "marine deck sealant primer" means a sealant or sealant primer labeled for application to 

wooden marine decks. 

(27) "Medical equipment manufacturing" means the manufacture of medical devices, including catheters, heart valves, 

blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs. 

(28) "Metal to urethane/rubber molding or casting adhesive" means an adhesive intended by the manufacturer to bond metal 

to high density or elastomeric urethane or molded rubber materials, in heated molding or casting processes, to fabricate products 

such as rollers for computer printers or other paper handling equipment. 

(29) "Multipurpose construction adhesive" means an adhesive intended by the manufacturer for use in the installation or 

repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), 

ceiling tile, and acoustical tile. 

(30) "Nonmembrane roof installation/repair adhesive" means an adhesive intended by the manufacturer for use in the 

installation or repair of nonmembrane roofs but is not intended for the installation of prefabricated single-ply flexible roofing 

membrane, such as plastic or asphalt roof cement, asphalt roof coating, and cold application cement. 

(31) "Operator" means the person or persons that are legally responsible for the operation of a source of air pollution. 

(32) "Outdoor floor covering installation adhesive" means an adhesive intended by the manufacturer for use in the 

installation of floor covering that is not in an enclosure but is exposed to ambient weather conditions during normal use. 

(33) "Panel installation" means the installation of plywood, predecorated hardboard or tileboard, fiberglass-reinforced 

plastic, and similar predecorated or nondecorated panels to studs or solid surfaces using an adhesive formulated for that purpose. 

(34) "Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a 

nonporous substrate using an adhesive designed to be applied only to a strip of up to 4 inches wide around the perimeter of the

sheet flooring. 

(35) "Plastic cement welding adhesive" means an adhesive intended by the manufacturer for use to dissolve the surface of 

plastic, except ABS, CPVC, and PVC plastic, to form a bond between mating surfaces. 
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 organic solvent, that is incorporated into a vinyl to increase 

its flexibility, workability, or distensibility, as determined by ASTM Method E-260-96. 

(39) "Plastics" means synthetic materials chemically formed by the polymerization of organic (carbon-based) substances 

that are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into 

various shapes, or films, or drawn into filaments. 

(40) "Polyvinyl chloride plastic" means a polymer of the chlorinated vinyl monomer that contains 57 percent chlorine. 

(41) "Polyvinyl chloride (PVC) welding adhesive" means an adhesive intended by the manufacturer for use in the welding 

of polyvinyl chloride plastic pipe. 

(42) "Porous material" means a substance that has tiny openings, often microscopic, in which fluids may be absorbed or 

discharged, including, but not limited to, wood, paper, and corrugated paperboard. 

(43) "Propellant" means a fluid under pressure that expels the contents of a container when a valve is opened. 

(44) "PVC welding adhesive" means polyvinyl chloride welding adhesive. 

(45) Radar System. 

(a) "Radar system" means a system that uses electromagnetic waves to identify the range, altitude, direction, or speed of 

both moving and fixed objects such as aircraft, ships, motor vehicles, weather formations, and terrain. 

(b) "Radar system" includes a transmitter that emits radio waves, which are reflected by the target and detected by a 

receiver, typically in the same location as the transmitter. 

(46) "Reactive diluent" means a liquid that is a reactive organic compound during application and through chemical and 

physical reactions, such as polymerization, 20 percent or more of the reactive organic compound becomes an integral part of a 

finished material. 

(47) "Roadway sealant" means a sealant intended by the manufacturer for application to public streets, highways, and other 

surfaces, including curbs, berms, driveways, and parking lots. 

(48) "Rubber" means a natural or manmade rubber substrate, including, but not limited to, styrene-butadiene rubber, 

polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer. 

(49) "SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board, 

which is responsible for the regulation of air quality in the State of California. 

(50) Sealant. 

(a) "Sealant" means a material with adhesive properties that is formulated primarily to fill, seal, waterproof, or 

weatherproof gaps or joints between two surfaces. 

(b) "Sealant" includes sealant primers and caulks. 

(51) "Sealant primer" means a product intended by the manufacturer for application to a substrate, before the application of 

a sealant, to enhance the bonding surface. 

(52) Sheet-Applied Rubber Installation. 

(a) "Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to metal or plastic 

substrates to protect the underlying substrate from corrosion or abrasion. 

(b) "Sheet-applied rubber installation" includes laminating sheet rubber to fabric by hand. 

(53) "Single-ply roof membrane" means a prefabricated single sheet of rubber, normally ethylene-propylenediene 

terpolymer, that is field applied to a building roof using one layer of membrane material. 

(54) "Single-ply roof membrane adhesive primer" means a primer labeled for use to clean and promote adhesion of the 

single-ply roof membrane seams or splices before bonding. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.04 

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Effective as of November 12, 2010 

(55) "Single-ply roof membrane installation and repair adhesive" means an adhesive labeled for use in: 

(a) Single-ply roof membrane installation, which includes, as a minimum, attaching the edge of the membrane to the 

edge of the roof and applying flashings to vents, pipes, and ducts that protrude through the membrane; or 

(b) Single-ply roof membrane repair, which includes gluing the edges of torn membrane together, attaching a patch over 

a hole, and reapplying flashings to vents, pipes, or ducts installed through the membrane. 

(56) "Single-ply roof membrane sealant" means a sealant labeled for application to single-ply roof membrane. 

(57) "Solvent" means an organic compound that is used as a diluent, thinner, dissolver, viscosity reducer, cleaning agent, or 

other related use. 

(58) "Specialty electronic systems and subsystems for defense and homeland security" means electronic systems and 

subsystems used in defense and homeland security applications for: 

(a) Air traffic control; 

(b) Ground-based, sea-based, and air-based command and control; 

(c) Radar systems; 

(d) Space; 

(e) Detection of chemical, biological, or explosive materials; or 

(f) Sensing, jamming, deciphering, scrambling, unscrambling, intercepting, and modifying electronic signals and 

functions. 

(59) "Structural glazing adhesive" means an adhesive intended by the manufacturer to apply glass, ceramic, metal, stone, or 

composite panels to exterior building frames. 

(60) Subflooring Installation. 

(a) "Subflooring installation" means the installation of subflooring material over floor joists, including the construction of 

any load bearing joists. 

(b) "Subflooring" includes being covered by a finish surface material. 

(61) "Surface preparation solvent" means a solvent used to remove dirt, oil, and other contaminants from a substrate before 

the application of a primer, adhesive, or sealant. 

(62) "Thin metal laminating adhesive" means an adhesive intended by the manufacturer for use in bonding multiple layers 

of metal to metal or metal to plastic, in the production of electronic or magnetic components in which the thickness of the bond 

line or lines is less than 0.25 mils. 

(63) Tire Retread Adhesive. 

(a) "Tire retread adhesive" means an adhesive intended by the manufacturer for application to the back of precure tread 

rubber and to the casing and cushion rubber. 

(b) "Tire retread adhesive" includes sealing buffed tire casings to prevent oxidation while the tire is being prepared for a 

new tread. 

(64) "Tire repair" means a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or 

gouging, applying adhesive, and filling the hole or crevice with rubber. 

(65) "Traffic marking tape" means preformed reflective film intended by the manufacturer for application to public streets, 

highways, and other surfaces, including curbs, berms, driveways, and parking lots. 

(66) "Traffic marking tape adhesive primer" means a primer intended by the manufacturer for application to surfaces before 

installation of traffic marking tape. 

(67) "Undersea-based ship and weapons systems components" means parts, an assembly of parts, or completed units of 

defense-related manned or unmanned submersible vehicles, and missile launching systems used on undersea ships. 

(68) "Waterproof resorcinol glue" means a two-part resorcinol-resin-based adhesive designed for applications where the 

bond line must be resistant to conditions of continuous immersion in fresh or salt water. 
AIR QUALITY 

26.11.35.04 

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Effective as of November 12, 2010 

.04 Standards. 

A. Except as provided in §E of this regulation and Regulation .01 of this chapter, on and after January 1, 2009, a person may 

not: 

(1) Supply or offer for sale in the State an adhesive, sealant, adhesive primer, or sealant primer manufactured on or after 

January 1, 2009; 

(2) Manufacture for sale in the State an adhesive, sealant, adhesive primer, or sealant primer in excess of the applicable 

VOC content limits specified in Table 1; or 

(3) Use or apply an adhesive, sealant, adhesive primer, or sealant primer within the State that exceeds the applicable VOC 

content limits specified in Table 1. 

B. The VOC content limits in Table 1 for adhesives applied to the listed substrates are as follows: 

(1) If an operator uses an adhesive or sealant subject to a specific VOC content limit in Table 1, the specific limit, rather 

than an adhesive-to-substrate limit, is applicable; and 

(2) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC 

content applies. 

C. Surface Preparation or Cleanup Solvent. 

(1) This section applies to a person subject to this chapter using a surface preparation or cleanup solvent. 

(2) Except as provided in §C(3) of this regulation for single-ply roofing, a person may not use materials for surface 

preparation containing VOCs unless the VOC content of the surface preparation solvent is less than 70 grams per liter. 

(3) If a surface preparation solvent is used in applying single-ply roofing, a person may not use materials for surface 

preparation containing VOCs unless the composite vapor pressure, excluding water and exempt compounds, of the surface 

preparation solvent does not exceed 45 millimeters of mercury at 20°C. 

(4) Except as provided in §C(5) of this regulation, a person may not use materials containing VOCs for the removal of 

adhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite

vapor pressure of the solvent used is less than 45 millimeters of mercury at 20°C. 

(5) Removal of an adhesive, sealant, adhesive primer, or sealant primer from the parts of spray application equipment shall 

be performed as follows: 

(a) In an enclosed cleaning system or equivalent cleaning system as determined by the test method identified in 

Regulation .06H of this chapter; 

(b) Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material; or 

(c) Parts containing dried adhesive may be soaked in a solvent if the composite vapor pressure of the solvent, excluding 

water and exempt compounds, is less than or equal to 9.5 millimeters of mercury at 20°C and the parts and solvent are in a closed 

container that remains closed except when adding parts to or removing parts from the container. 

D. A person using an adhesive, sealant, adhesive primer, or sealant primer subject to this chapter may comply with §§A(3) and 

C of this regulation using add-on air pollution control equipment if the equipment meets the following requirements: 

(1) The VOC emissions from the use of all adhesives, sealants, adhesive primers, or sealant primers are reduced by an 

overall capture and control efficiency of at least 85 percent, by weight; 

(2) The combustion temperature is monitored continuously if a thermal incinerator is operated; 

(3) Inlet and exhaust gas temperatures are monitored continuously if a catalytic incinerator is operated; 

(4) Control device efficiency is monitored continuously if a carbon absorber or control device other than a thermal or 

catalytic incinerator is operated; 

(5) Operational records sufficient to demonstrate compliance with the requirements of this regulation are maintained as 

required by Regulation .05 of this chapter; and 

(6) The control equipment is included in a permit to construct and operate. 
DEPARTMENT OF THE ENVIRONMENT 

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Effective as of November 12, 2010 

E. A person using adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents, or cleanup solvents 

subject to this chapter shall store or dispose of all absorbent materials, such as cloth or paper, that are moistened with adhesives, 

sealants, primers, or solvents subject to this chapter in nonabsorbent containers that are closed except when placing materials in or 

removing materials from the container. 

F. A person may not solicit, require the use, or specify the application of an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent, or cleanup solvent if the use or application results in a violation of this chapter. This requirement 

applies to all written or oral contracts under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation

solvent, or cleanup solvent subject to this chapter is to be used at a location in the State. 

G. Table 1. 

VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers, and Adhesives 

Applied to Particular Substrates 

Adhesive, sealant, adhesive primer, or sealant primer VOC content limit 

Category VOC (grams

per liter*) 

VOC (pounds 

per gallon*) 

Adhesives 

 ABS welding 400 3.33 

 Ceramic tile installation 130 1.08 

 Computer diskette jacket manufacturing 850 7.08 

 Contact bond 250 2.08 

 Cove base installation 150 1.25 

 CPVC welding 490 4.08 

 Indoor floor covering installation 150 1.25 

 Metal to urethane/rubber molding or casting 850 7.08 

 Multipurpose construction 200 1.67 

 Nonmembrane roof installation/repair 300 2.50 

 Other plastic cement welding 510 4.25 

 Outdoor floor covering installation 250 2.08 

 Perimeter bonded sheet vinyl flooring installation 660 5.50 

 PVC welding 510 4.25 

 Sheet-applied rubber installation 850 7.08 

 Single-ply roof membrane installation or repair 250 2.08 

 Structural glazing 100 0.83 

 Thin metal laminating 780 6.50 

 Tire retread 100 0.83 

 Waterproof resorcinol glue 170 1.42 

Sealants 

 Architectural 250 2.08 

 Marine deck 760 6.33 

 Nonmembrane roof installation/repair 300 2.50 

 Roadway 250 2.08 
AIR QUALITY 

26.11.35.05 

26.11.35 Page 9 

Effective as of November 12, 2010 

Adhesive, sealant, adhesive primer, or sealant primer VOC content limit 

Category VOC (grams

per liter*) 

VOC (pounds 

per gallon*) 

 Single-ply roof membrane 450 3.75 

 Other 420 3.50 

Adhesive Primers 

 Automotive glass 700 5.83 

 Plastic cement welding 650 5.42 

 Single-ply roof membrane 250 2.08 

 Traffic marking tape 150 1.25 

 Other 250 2.08 

Sealant Primers 

 Marine deck 760 6.33 

 Non-porous architectural 250 2.08 

 Porous architectural 775 6.46 

 Other 750 6.25 

Adhesives Applied to the Listed Substrate 

 Flexible vinyl 250 2.08 

 Fiberglass 200 1.67 

 Metal 30 0.25 

 Porous material 120 1.00 

 

 Rubber 250 2.08 

 Other substrates 250 2.08 

* The VOC content is determined as the weight of volatile compounds, less water and exempt compounds, as specified in 

Regulation .06 of this chapter. 

.05 Administrative Requirements. 

A. A person who uses compliant products for compensation or facilities maintenance, or is subject to record-keeping 

requirements under Regulation .01B(1) or E(1) of this chapter, shall maintain records of purchase information that includes 

product name, product volume, and VOC content of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, and 

surface preparation solvent. 

B. Each person subject to Regulation .01D(1) of this chapter shall maintain records demonstrating compliance with this 

chapter, including the following information: 

(1) A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, and surface preparation solvent in use 

and in storage; 

(2) A data sheet or material list which provides the material name, manufacturer identification, and material application; 

(3) Catalysts, reducers, or other components used and the mix ratio; 

(4) The VOC content of each product as supplied; 

(5) The final VOC content or vapor pressure, as applied; and 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.06 

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Effective as of November 12, 2010 

(6) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, or surface preparation 

solvent used. 

C. A person who complies with Regulation .04B of this chapter through the use of add-on air pollution control equipment shall 

record the key operating parameters for the control equipment, including the following information: 

(1) The volume used per day of each adhesive, sealant, adhesive primer, sealant primer, or solvent that is subject to a VOC 

content limit in Table 1 and that exceeds the limit; 

(2) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures, and control device efficiency, as 

appropriate, pursuant to Regulation .04E of this chapter; 

(3) Daily hours of operation; and 

(4) All maintenance performed, including the date and type of maintenance. 

D. All records made to determine compliance with this chapter shall be maintained for 5 years from the date the record is 

created and shall be made available to the Department within 90 days of a request. 

.06 Compliance Procedures and Test Methods. 

A. Except as provided in §§C, D, and E of this regulation, the VOC and solids content of all nonaerosol adhesives, adhesive 

primers, and cleanup solvents shall be determined using U.S. EPA Reference Method 24, as identified in 40 CFR 60, Appendix 

A, or SCAQMD Method 304. 

B. The organic content of exempt organic compounds shall be determined using ASTM D4457-85, as applicable. 

C. The VOC content of a plastic welding cement adhesive or primer shall be determined using SCAQMD Method 316A. 

D. To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of 

the finished materials shall be determined using SCAQMD Method 316A. 

E. The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount 

of each compound in the blend using gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-79 for 

water content, as applicable, and the following equation: 

 (INSERT IMAGE HERE) 

Where: 

Ppc = VOC composite partial pressure at 20°C, in millimeters of mercury; 

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91; 

Ww = Weight of water, in grams as determined by ASTM D 3792-86; 

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91; 

Mwi = Molecular weight of the "i"th VOC compound, in grams per mole, as given in chemical reference literature; 

Mww = Molecular weight of water, 18 grams per mole; 

Mwe = Molecular weight of the "i"th exempt compound, in grams per mole, as given in chemical reference literature; 

Vpi = Vapor pressure of the "i"th VOC compound at 20°C, in millimeters of mercury, as determined by §F of this regulation. 

F. The vapor pressure of each single component compound may be determined from ASTM D2879-86 or may be obtained 

from a source approved by SCAQMD, other California air districts, or the Department. 
AIR QUALITY 

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Effective as of November 12, 2010 

G. If air pollution control equipment is used to meet the requirements of this chapter, the owner or operator shall make the 

following determinations: 

(1) The measurement of capture efficiency shall be conducted and reported in accordance with the EPA Technical 

Document "Guidelines for Determining Capture Efficiency," issued January 9, 1995; and 

(2) The control efficiency shall be determined in accordance with U.S. EPA Methods 25, 25A, or 25B or CARB Method 

100. 

H. The active and passive solvent losses from spray gun cleaning systems shall be determined using SCAQMD's "General 

Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," dated October 3, 1989. The test solvent for this 

determination shall be a lacquer thinner with a minimum vapor pressure of 105 millimeters of mercury at 20°C, and the minimum 

test temperature shall be 15°C. 

I. For adhesives that do not contain reactive diluents, grams of VOC per liter of adhesive, less water and exempt compounds, 

shall be calculated according to the following equation: 

Grams of VOC per liter of adhesive = (Ws-Ww-We) / (Vm-Vw-Ve) 

Where: 

Ws = weight of volatile compounds, in grams; 

Ww = weight of water, in grams; 

We = weight of exempt compounds, in grams; 

Vm = volume of material, in liters; 

Vw = volume of water, in liters; 

Ve = volume of exempt compounds, in liters. 

J. For adhesives that contain reactive diluents, the VOC content of the adhesive is determined after curing. The grams of VOC 

per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation: 

Grams of VOC per liter of adhesive = (Wrs-Wrw-Wre) / (Vrm-Vrw-Vre) 

Where: 

Wrs = weight of volatile compounds not consumed during curing, in grams; 

Wrw = weight of water not consumed during curing, in grams; 

Wre = weight of exempt compounds not consumed during curing, in grams; 

Vrm = volume of material not consumed during curing, in liters; 

Vrw = volume of water not consumed during curing, in liters; 

Vre = volume of exempt compounds not consumed during curing, in liters. 

K. Grams of VOC per liter of material shall be calculated according to the following equation: 

Grams of VOC per liter of materials = (Ws-Ww-We) / Vm

Where: 

Ws = weight of volatile compounds, in grams; 

Ww = weight of water, in grams; 

We = weight of exempt compounds, in grams; 

Vm = volume of material, in liters. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.35.07 

26.11.35 Page 12 

Effective as of November 12, 2010 

L. Percent of VOC by weight shall be calculated according to the following equation: 

Percent of VOC by weight = [(Wv / W)] × 100 

Where: 

Wv = weight of VOCs in grams; 

W = weight of material in grams. 

.07 Container Labeling. 

Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject to this chapter shall display the following 

information on the product container or label: 

A. A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that: 

(1) This requirement does not apply to the thinning of a product with water; and 

(2) If thinning of the product before use is not necessary, the recommendation must specify that the product is to be applied 

without thinning; 

B. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter as supplied, 

displayed in grams of VOC per liter of product; and 

C. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter, which includes 

the manufacturer's maximum recommendation for thinning, as applied, displayed in grams of VOC per liter of product. 

Administrative History 

Effective date: 

Regulations .01—.07 adopted as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); adopted permanently effective April 21, 2008 (35:8 

Md. R. 809) 

Regulation .01I adopted as an emergency provision effective January 1, 2009 (36:5 Md. R. 420); adopted permanently effective June 1, 2009 (36:11 Md. R. 

787) 
26.11.36 Page 1 

Effective as of June 13, 2011 

Title 26 

DEPARTMENT OF THE ENVIRONMENT 

Subtitle 11 AIR QUALITY 

Chapter 36 Distributed Generation 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-203, Annotated Code of Maryland 

.01 Definitions. 

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

B. Terms Defined. 

(1) “Curtail” means to decrease on-site electric power consumption from the grid by: 

(a) Changing or shifting on-site electricity usage; 

(b) Operating an on-site participating engine; or 

(c) A combination of §B(1)(a) and (b) of this regulation. 

(2) “Curtailment service provider (CSP)” means any person, as defined in Environment Article, §1-101(h), Annotated Code 

of Maryland, that enters a contract with the facility to administer a demand response program. 

(3) “Demand response program” means a program that provides incentives to electricity consumers at a facility that curtails 

electricity usage, particularly during peak periods or emergencies, and that affects pricing, system stability, and overall planning 

in the electricity market. 

(4) “Economic response program” means a demand response program where a facility is economically incentivized to 

curtail on-site electricity demand from the grid when prices are high, which primarily occurs during peak electricity demand 

periods. 

(5) Emergency. 

(a) “Emergency” means a condition where the primary energy or power source is disrupted or discontinued due to 

conditions beyond the control of the owner or operator of a facility, including: 

(i) A failure of the electrical grid; 

(ii) On-site disaster or equipment failure; or 

(iii) Public service emergencies such as flood, fire, natural disaster, or severe weather conditions. 

(b) “Emergency” includes a PJM declared emergency. 

(6) “Emergency generator” means: 

(a) An engine used only during an emergency or for testing and engine maintenance purposes; and 

(b) An engine that operates during an emergency according to the procedures in the PJM Emergency Operations Manual 

for a PJM declared emergency. 

(7) “Emergency response program” means a demand response program where a facility curtails on-site electricity demand 

only during an emergency declared by the PJM in accordance with Manual 13, Emergency Operations, Revision 40, Effective 

Date August 13, 2010, as amended. 

(8) “Engine” means a stationary internal combustion engine. 

(9) “Facility” means a commercial, institutional, or industrial establishment that has on-site capability to generate electric 

power to be used internally to reduce on-site electric power consumption, to reduce the overall electric system demand, or for 

other purposes. 

(10) Load Shaving Unit. 

(a) “Load shaving unit” means an engine that operates for other than an emergency to generate electricity for use on-site 

or for sale. 

(b) “Load shaving unit” does not include an engine: 
DEPARTMENT OF THE ENVIRONMENT 

26.11.36.02 

26.11.36 Page 2 

Effective as of June 13, 2011 

(i) Whose primary function is to generate electricity for use by the public; or 

(ii) That serves as the primary source of power for agricultural equipment or industrial equipment, including the 

period when equipment or a facility is being maintained and the engine is used in place of the primary power source. 

(11) “Participating engine” means an internal combustion engine located at a participating facility that is operated as part of 

a demand response program. 

(12) “Participating facility” means a facility that has entered into a valid contract with a CSP to participate in a demand 

response program. 

(13) “PJM declared emergency” means a condition that exists where the PJM Interconnection, LLC notifies electric 

distributors that an emergency exists or may occur and it is necessary to implement the procedures in the PJM Manual 13 

Emergency Operations, as revised. 

.02 Applicability. 

This chapter applies to a person who owns or operates an emergency generator, load shaving unit, or curtailment service 

provider. 

.03 Emergency Generators and Load Shaving Units NOx Requirements. 

A. Applicability and General Requirements for Emergency Generators and Load Shaving Units. 

(1) The owner or operator of an emergency generator may not operate the generator except for emergencies, testing, and 

maintenance purposes. 

(2) Except as provided in §A(5) of this regulation, this regulation does not apply to any engine that is fueled with natural 

gas or propane. 

(3) This regulation does not apply to any engine that operates as a redundant system for power without direct or indirect 

compensation that is: 

(a) Located at a nuclear power plant; or 

(b) Located at a facility where operation of the engine is necessary to support critical national activities relating to 

security, aerospace research, or communications. 

(4) The owner or operator of an emergency generator or load shaving unit may be subject to the federal standards for 

stationary internal combustion engines under 40 CFR Parts 60 and 63. 

(5) The owner or operator of an emergency generator or load shaving unit may not operate the engine for testing and engine 

maintenance purposes between 12:01 a.m. and 2:00 p.m. on any day on which the Department forecasts that the air quality will be

a code orange, code red, or code purple unless the engine fails a test and engine maintenance and a re-test are necessary. 

(6) The owner or operator of an engine that is used for any purpose other than for emergency purposes shall install and 

operate a non-resettable hourly time meter on the engine for the purpose of maintaining the operating log required in §E of this 

regulation. 

B. Requirements for Existing Load Shaving Units Installed on or Before January 1, 2009. 

(1) The owner or operator of an existing load shaving unit that was installed on or before January 1, 2009, shall: 

(a) Install a NOx control system to meet an emissions standard of 1.4 grams per brake horsepower or less; 

(b) Replace the engine with a new engine that meets federal new source performance standards and was manufactured 

after January 1, 2009; or 

(c) Not operate the engine for more than a total of 10 hours during the period of May 1 to September 30 of any year. 

(2) The 10-hour limit in §B(1)(c) of this regulation is exclusive of the time that the unit operates for emergency purposes 

and the time for testing and engine maintenance. 

(3) Upon request and on a case-by-case basis, the Department may, for the purpose of engine registration and compliance, 

treat a group of small engines, under the same or different ownership and performing the same function, as a single entity and 

establish alternative requirements for the engines. 
AIR QUALITY 

26.11.36.03 

26.11.36 Page 3 

Effective as of June 13, 2011 

(4) For engines to be equipped with NOx controls or replaced with a new engine that meets federal standards, compliance 

shall be achieved by July 1, 2010, or a later date approved by the Department. 

(5) If an owner or operator purchases and installs a used engine, that engine, for the purpose of this regulation, is considered 

an existing engine unless the used engine was manufactured after January 1, 2009. 

C. Requirements for New Load Shaving Units Installed After January 1, 2009. 

(1) Except as provided in §§B(1)(b) and C(3) of this regulation, a load shaving unit that is installed after January 1, 2009: 

(a) Shall be equipped with a NOx control system that meets a NOx emissions rate of not more than 1.4 grams per brake 

horsepower; or 

(b) May not operate the engine for more than a total of 10-hours during the period of May 1 to September 30 of any year. 

(2) The-10 hour limit in §C(1)(b) of this regulation is exclusive of the time that the unit operates for emergency purposes 

and the time for testing and engine maintenance. 

(3) An engine with a capacity of 1,000 horsepower or less manufactured and installed after January 1, 2009, that meets 

applicable federal new source performance standards is exempt from the requirements in §C(1) of this regulation. 

D. Alternative Method of Achieving Compliance. 

(1) The owner or operator of a load shaving unit may, in lieu of meeting the requirements of §B or C of this regulation, 

achieve compliance by securing ozone season NOx allowances for the NOx emitted for load shaving purposes during the period 

of May 1 to September 30 of each year. 

(2) The owner or operator of a load shaving unit who chooses to secure ozone season NOx allowances in lieu of complying 

with §B or C of this regulation shall: 

(a) Secure not less than one ozone season NOx allowance; 

(b) Round up to the next whole number if the number of allowances to be secured under §D(3)(c) or (4)(d) results in a 

fractional number; 

(c) When calculating the amount of NOx emitted for load shaving purposes during the period May 1 to September 30 

under §D(3)(a) or (4)(a) and (b) of this regulation, exclude from those calculations the amount of NOx emitted during the initial 

10 hours of operation during that period; and 

(d) Secure the ozone season NOx allowances by December 31 of each year and submit those allowances to the 

Department for retirement by February 1 of the following year. 

(3) The owner or operator of an existing load shaving unit installed on or before January 1, 2009, who chooses to secure 

ozone season NOx allowances in lieu of compliance with §B of this regulation shall: 

(a) Calculate, in tons, the total amount of NOx emitted during the period May 1 to September 30; 

(b) Multiply the total tons of NOx emitted, as calculated in §D(3)(a) of this regulation, by three; and 

(c) Secure at least the same number of ozone season NOx allowances as the number resulting from the calculation 

performed in §D(3)(b) of this regulation. 

(4) The owner or operator of a new load shaving unit installed after January 1, 2009, who chooses to secure ozone season 

NOx allowances in lieu of compliance with §C of this regulation shall: 

(a) Calculate, in tons, the total amount of NOx emitted during the period May 1 to September 30; 

(b) Calculate, in tons, the total amount of NOx that would have been emitted during the period May 1 to September 30 if 

the engine had met the NOx emission rate of 1.4 grams per brake horsepower; 

(c) Subtract the number calculated in §D(4)(b) from the number calculated in §D(4)(a), then multiply the result by five; 

and 

(d) Secure at least the same number of ozone season NOx allowances as the number resulting from the calculations 

performed in §D(4)(c) of this regulation. 

E. Record Keeping. 
DEPARTMENT OF THE ENVIRONMENT 

26.11.36.04 

26.11.36 Page 4 

Effective as of June 13, 2011 

(1) The owner or operator of a load shaving unit shall maintain an operating log that includes the date the unit operated and 

the total operating time for each day that the unit operated. 

(2) The operating log shall be maintained for 5 years and made available to the Department upon request. 

F. Determining a Violation. A load shaving unit required to meet the NOx emissions standards or the operational limitations in 

this regulation may be subject to a penalty for each day the unit operates in violation of the requirements. 

.04 Annual Report Requirement for Curtailment Service Providers (CSPs). 

A. A CSP that administers a demand response program for a participating facility in the State shall provide the following 

information to the Department in an annual report: 

(1) The name and address of each participating facility and the telephone number and name of a contact person; 

(2) The identification of each participating engine at the facility, including: 

(a) The registration number assigned by the Department for each engine and its rated capacity in horsepower and 

kilowatts; 

(b) The manufacturer and model; 

(c) The installation date; 

(d) The type of fuel used in each engine; 

(e) A copy of or the mail log number associated with The Public Service Commission of Maryland Certificate of Public 

Convenience and Necessity (CPCN) Exemption, pursuant to Public Utility Companies Article, §7-207.1, Annotated Code of 

Maryland, as applicable, including unit type of generator, for example, Type I Generator, Type II Generator; and 

(f) The PJM Interconnection, LLC utility zone for the participating facility; 

(3) A description of the demand response program for each participating engine, that is, whether it is an economic response 

program or an emergency response program; 

(4) As called for by the CSP, the dates on which each engine was requested to operate during the year and the hours of 

operation on each date, including: 

(a) The reason for operating the engine under a demand response program, that is, whether it is an economic response 

program or an emergency response program; 

(b) The starting and ending times when each engine was requested to operate as called for by the CSP; and 

(c) The total kilowatt hours of generation during each demand response operation; 

(5) A list of curtailment activities at each participating facility, the total hours and the total kilowatt hours of generation 

curtailment as called for by the CSP; 

(6) A brief description of any significant increase or decrease in the total hours of demand response operation compared to 

total operation during the previous year; and 

(7) An attestation from the CSP that the CSP has: 

(a) Attempted to collect the required information from each participating facility or other appropriate source; and 

(b) Provided information that is true and correct to the best of their knowledge and is not misleading. 

B. Each CSP may mark the annual report and its contents as confidential at the time of submission to indicate to the 

Department that the information is confidential commercial information, confidential financial information, a trade secret, or 

otherwise subject to mandatory non-disclosure requirements under State Government Article, Title 10, Subtitle 6, Annotated 

Code of Maryland. 

C. The annual report, including one hard copy and one electronic copy, shall be submitted to the Department and the Public 

Service Commission of Maryland by no later than April 1 of the following year, beginning April 1, 2012, for calendar year 2011. 

Administrative History 

Effective date: June 13, 2011 (38:12 Md. R. 708) 
26.11.37 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, Annotated 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 onshore 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" means 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 and 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 Maryland is the corresponding onshore 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 documents 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 State and Local Requirements Incorporated by Reference into 

Part 55, by State). 

.04 Requirements. 

An OCS source shall comply with all requirements of the this subtitle 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)