1

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: February 18, 2015

SUBJECT: Technical Support Document – Maryland’s Biomass Fuel-Burning Equipment 

Standards

/s/

FROM: Irene Shandruk, Physical Scientist 

Office of Air Program Planning 

TO: File

/s/

THRU: Marilyn Powers, Acting Associate Director 

Office of Air Program Planning

A. BACKGROUND 

Biomass materials, which include wood residue and wood products, animal manure (including 

litter and other bedding materials), vegetative agricultural materials as well as silvicultural 

materials, can be used as fuel burned to provide heat and power. New technologies and 

environmental initiatives have recently increased the use of biomass material for combustion. 

Therefore, the Maryland Department of the Environment (MDE) has established requirements 

for the combustion of biomass fuel by developing a new Code of Maryland (COMAR) 

regulation, COMAR 26.11.09.12 – “Standards for Biomass Fuel-Burning Equipment Greater 

Than 350,000 British Thermal Units (Btu)/Hour (hr) Heat Input.” 

COMAR 26.11.09.12 allows for the use of small biomass boilers (i.e. 35 mmBtu (million metric 

Btu)) in urban areas and 13 mmBtu in rural areas (which are based on historic attainment areas

defined in COMAR 26.11.01.03) by replacing the prohibition and exception process in COMAR 

26.11.09.04 with specified emission limits requiring the use of particulate matter (PM) emission 

control technology. State legislation enacted in early 2013 mandated that MDE revise the 

existing exception process for solid fuel-burning equipment in COMAR 26.11.09.04 to allow for 

potential sources burning biomass to take advantage of new technologies (See Maryland Laws, 

Chapter 322, Senate Bill 797). According to MDE, this amendment removes a time-consuming 

analysis and exemption process for solid fuels, except coal, that exists in COMAR 26.11.09.04 

and establishes specific emission limitations for biomass fuel combustion in new regulation 

COMAR 26.11.09.12. 

The typical type of equipment that is regulated under this new regulation is a boiler, however, it 

also applies to process heaters or other applications. The new regulation and additional 

amendments to several existing regulations under COMAR 26.11.09 are consistent with federal 
2

maximum achievable control technology (MACT) standards for boilers with greater than 10 

mmBtu/hr heat input in the federal regulation for biomass (see 40 CFR 63 Subpart DDDDD), 

and the generally available control technology (GACT) standards for boilers with less than 10 

mmBtu/hr heat input (see 40 CFR Subpart JJJJJJ). New biomass fuel-burning equipment would 

be subject to standards based on MACT, GACT and best available control technology (BACT) 

analysis.

The regulations also provide additional standards for PM and nitrogen oxides (NOx) and, 

according to MDE, are more restrictive than federal regulations for smaller units. Additionally, 

MDE asserts that small biomass boilers will need to install PM emission controls, whereas the 

NOx emission rates for biomass fuel-burning equipment can be achieved through efficient 

system design and do not require add-on pollution controls.

B. STATE SUBMITTAL

On January 12, 2015, Maryland Department of the Environment (MDE) submitted to EPA a 

State Implementation Plan (SIP) revision concerning the new biomass fuel-burning provisions in 

COMAR 26.11.09.12 and revised provisions in COMAR 26.11.09.10 for inclusion in the 

Maryland SIP. The SIP submittal also includes revisions to COMAR 26.11.09.01 (2/22/11, 76 

FR 9650), .04 (11/3/92, 57 FR 49651), .06 (7/6/05, 70 FR 38774), .07 (11/3/92, 57 FR 49651), 

and .09 (5/1/03, 68 FR 23206), which were previously included in the Maryland SIP. The 

revisions became effective in the state on April 28, 2014. The following changes are being made 

to COMAR 26.11.09:

Regulation 26.11.09.01 – Definitions – incorporates the definition of “biomass.”

Regulation 26.11.09.04 – Prohibition of Certain New Fuel-Burning Equipment – provisions from 

this regulation do not apply to fuel-burning equipment installed after March 1, 2014 that burn 

only biomass fuels.

Regulation 26.11.09.06 – Control of Particulate Matter – provisions from this regulation do not 

apply to fuel-burning equipment installed after March 1, 2014 that burn only biomass fuels, 

however, the PM requirements of Regulation 26.11.09.12 will apply to new biomass fuelburning units.

Regulation 26.11.09.07 – Control of Sulfur Oxides From Fuel-Burning Equipment – provisions 

from this regulation do not apply to fuel-burning equipment installed after March 1, 2014 that 

burn only biomass fuels.

Regulation 26.11.09.09 – Tables and Diagrams – incorrect reference is amended.

Regulation 26.11.09.10 – Requirements to Burn Used Oil and Waste Combustible Fluid as Fuel 

– incorrect reference is amended in this provision, which is a new submission for inclusion in the 

SIP. 
3

Regulation 26.11.09.12 – Standards for Biomass Fuel-Burning Equipment Equal to or Greater 

Than 350,000 Btu/hr – This new regulation, establishes PM and NOx standards and requirements 

for biomass fuel-burning equipment (Table 1). It furthermore establishes requirements for 

biomass fuel-burning equipment where there are no federal standards, and are thereby more 

stringent than federal requirements. Additionally, it includes provisions for: startup and 

shutdown; compliance; and record keeping and reporting. 

Table 1: Standards for Biomass Fuel-Burning Equipment

Heat Input Capacity (mmBtu/hr) PM (pounds/mmBtu) NOx (pounds/mmBtu)

≥10 0.03-0.07 0.25-0.30

>1.5 and <10 0.1-0.23 0.30

>0.35 and ≤1.5 0.1-0.35 0.30

C. EPA EVALUATION

MDE has adopted the standards and requirements for biomass fuel-burning equipment and is 

amending the Maryland SIP to reflect these amendments. Reductions in NOx and PM emissions 

from biomass fuel-burning equipment will help Maryland attain and maintain the National 

Ambient Air Quality Standards (NAAQS) for ozone and PM, as well as contribute to Maryland’s 

greenhouse gas reduction goal. 

D. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

Maryland’s biomass fuel-burning equipment regulations will result in the reduction of PM and 

NOx emissions from biomass-fueled boilers. EPA’s approval of the SIP revision is 

recommended.