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COMAR 26.11.01.01 Definitions 

A. In this subtitle, the following terms have the meanings indicated. A. In this subtitlB. Terms Defined. Amended: (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. New: (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.C. — D. Identical

B. Terms Define(9) "Continuous operated, and calmeasure and recostream. C. — D. Identic

COMAR 26.11.01.05 Records and Inform

A — B Identical New 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 

New 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.

A. — B. Identi

COMAR 26.11.01.10 Continuous Emission Monitorin

ALL NEW A. Applicability and Exceptions.  (1) The provisions of this regulation apply to: 

A. Applicability  (1) The proviburning equipmeBtu per hour or g

(2) A person s
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 (a) Fuel burning equipment burning coal, fuel oil, tars, or waste combustible fluid at any time and that has a rated heat input capacity of 250 million Btu per hour or greater;  (b) Fuel burning equipment burning coal with a rated heat input capacity of 100 million Btu per hour or greater but less than 250 million Btu per hour and was constructed on or before June 19, 1984;  (c) A cement kiln;  (d) A fluidized bed combustor of any size; and  (e) A municipal waste combustor with a burning capacity greater than 35 tons 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 

60 which is incor (3) A CEM is  (a) Burns  (b) Is able without utilizatio (c) Has nevstandard. B. Monitoring R (1) Except as burning equipmeburning coal or f (2) Any CEM calibrated to provrequired to be pro (a) The timadjustments, che (b) CEM e (3) Except as downtime in accomonitoring methC. General CEM  (1) A person design specificatmeasurement meapproval before i
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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  (c) Submit the test results to the Department not later than 45 days after the completion of the test.  (5) Fuel burning equipment subject to the COM requirements in COMAR 26.11.09 shall meet the quality assurance procedures contained in Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) 

 (2) A person applicable requirreference, and if be submitted to tD. CEM Installa (1) A person required CEM eq

than 12 months ain an approved p (2) Except as certification perf60, Appendix B,  (3) All certifisources subject to Part 75, Appendi (4) A person  (a) Submiand approval by  (b) Schedubefore the test is  (c) Submiof the test. E. Quality Assur

regulation or Reg

established in the 01 "Continuous Ewhich is incorpoF. Use of CEM D

CEM installed pu
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Policies and Procedures," Part II Quality Assurance Requirements for Continuous Opacity Monitoring Systems. 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 

maintenance and emission levels aG. Record Keep

(1) CEM 

hours shall be repbusiness day foll

shall include the reCEM will be downtelephone when an 

(2) CEM 

averages calculat

that the CEM dataffect the quality later than 30 dayby the Departmeexceed the applic

beginning anplanned or u
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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. Technical Memorandum. Fuel burning equipment subject to the COM requirements in COMAR 26.11.09.05 is not subject to the COM requirements contained in Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Procedures," except for Part II Quality Assurance Requirements for Continuous Opacity Monitoring Systems. 

records of any redata; and CEM downtivalues, absolute determined to be determine the apDepartment shall minimum of 2 ye

COMAR 26.11.01.11 Continuous Emission Monitorin

ALL NEW 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; 

.11 Additional C

A. operates 

waste combustibor greater; 
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 (b) Municipal waste combustors with a burning capacity greater than 35 tons per day;  (c) Fluidized bed combustors; and  (d) Kraft pulp mills.  (2) An owner or operator that is required to install a CEM under any federal requirement is also subject to all of the provisions of this regulation. B. General Requirements for CEMs.  (1) An owner or operator subject to this regulation shall:  (a) Before installing a CEM, submit to the Department, for approval by the Department and EPA, a plan containing the CEM design specifications, proposed location, and a description of a proposed alternative measurement method; and  (b) Install and operate a CEM in accordance with the plan approved by the Department and EPA under the provisions of §B(1)(a) of this regulation.  (2) The owner or operator of fuel-burning equipment burning coal, with a heat input capacity of 100 million Btu per hour or greater, shall install CEMs to measure and record sulfur dioxide, nitrogen oxide, either oxygen or carbon dioxide, and flow.  (3) The owner or operator of:  (a) A municipal waste combustor (MWC) shall install a CEM in accordance with the requirements in COMAR 26.11.08.07 or 26.11.08.08, as applicable;  (b) A Kraft pulp mill shall install a CEM to measure and record process total reduced sulfur in accordance with COMAR 26.11.14.05; and  (c) A fluidized bed combustor of any size shall install CEMs to measure 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 

than 50 tons per 

also subject to alperson that is sub

B. Add

capacity of 250 mmeasure and reco

CEM fo

million Btu per hmillion Btu per hconstructed beforshall install a CE
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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. 

(3) Technical Memorandum. Except for fuel burning equipment subject to the COM requirements in 

COMAR 26.11.09.05, use of COMs and CEMs for enforcement purposes shall be as specified in the Department's Air Management Administration Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Procedures," which is incorporated by reference.

measure and recoshall install CEM

unable to obtain duration, the persshall include a deRegulation .10C(chapter to install be designed and system shall be o

C. Qua

concentration shais incorporated bassurance criteria procedures to com

D. Mon

chapter shall be oapplicable emissiorder, Certificate 

be as specified in 90-01 "Continuoincorporated by rconcentration shahour and to automapplicable emissi
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COMAR 26.11.09.01 Definitions

New Definitions: (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 the procedure 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. (11-1) "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.

Did not have d

COMAR 26.11.09.05 Visible Emission

A. Fuel Burning Equipment. Identical: (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. 

A. Fuel Burning 

(1) Area

the discharge of uncombined form

(2) Area

discharge of emiform, which is vi

(3) Exce
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Identical (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. All New: (4) Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is subject to the requirement to install and operate a COM shall demonstrate compliance with the applicable visible emissions limitation specified in §A(1) and (2) of this regulation as follows:  (a) For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4 percent of the unit's operating time in any calendar quarter, during which time visible emissions:  (i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is greater;  (ii) Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 

2.2 hours; and  (iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 

percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two (2) six-minute 

periods;  (b) For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and 

(2) of this regulation for more than 2 percent of the unit's operating time in any calendar quarter, during which time visible emissions:  (i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's 

during load chan

equipment if: in any sixty minuB. Stationary Int

(1) Defin

useful net work texcept those used highway within tpurposes unless t

(2) Emis

emissions from a

(3) Emis

discharge of emi40 percent opacit

(4) Exce

period of idling oengine start-up aminutes; 
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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 less 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 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 

is being performe
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 (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. B. Determining Violations.  (1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a calendar quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as applicable, exceeds the emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a 

separate day of violation.  (2) A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), of this regulation, as applicable, that occur on the same day shall constitute separate violations.  (3) A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation. C. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning equipment subject to any federal requirement that mandates operation of a COM and as provided in §D of this regulation, the owner or operator of fuel burning equipment required to install and operate a COM may discontinue the operation of the COM on fuel burning equipment that is served by a flue gas desulfurization device:  (1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment;  (2) When the flue gas desulfurization device serving the equipment is in operation;  (3) If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, as amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from the equipment and would impede the accuracy of opacity measurements; and  (4) If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring opacity levels and particulate matter emissions from the stack that includes: 
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 (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.The following § E was section § B prior to 5/7/10 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 B(2) 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 B(2) does not apply to emissions resulting directly from cold engine start-up and warm-up for the following maximum periods: 
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 (i) Engines that are idled continuously when not in service: 30 minutes;  (ii) All other engines: 15 minutes.  (c) Section B(2) and (3) does not apply while maintenance, repair, or testing is being performed 

by qualified mechanics.