1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103

Date: April 5, 2016

Sub ject: Technical Support Document

– Revision s and Amendments to C ontinuous Opacity Monitoring (COM) and C ont inuous Emissions Monitoring (CEM) Requirements in

COMAR 26.11.01 and Addition of Quality Assurance Requirements for COMs in

COMAR 26.11.31

From: Marilyn Powers, Environmental Engineer /s/ April 5, 2016

Office of Air Program Planning (3AP30)

To: File

Th ru: Cristina Fernandez, Associate Director /s/ April 10, 2016 Office of Air Program Planning (3AP30)

I. Background

On November 24 , 2015, the Maryland Department of the Environment (MDE)

submitted a state implementation plan (SIP) revision revising COMAR 26.11.01 G eneral

Administrative Provisions and adding COMAR 26.11.31 Quality Assurance Requirements for Continuous Opacity Monitors (COMs)

. The submission include s a series of revisions and amendments to Maryland’s existing regulations as detailed in section II of this technical support document ( TSD )

.

On February 26, 2016 , MDE supplemented its November 24, 2015 submittal to clarify

that certain provisions of COMAR 26.11.01 are excluded from the submittal.

The federally enforceable requirements for COMs and CEMs are contained in COMAR

26.11.01 .10 Continuous Emission Monitoring (CEM) Requirements , which was approved into the Maryland SIP on February 28, 1996 (61 FR 6418) . COMAR 26.11.01.10 required fuel

burning equipment burning coal or fuel oil with a rated heat input capacity of 250 million Btu per hour or greater , with certain exceptions, to install and operate C E Ms for opacity. This regulation established installat ion and certification schedules for CEMs, how CEMs data is to be used, and record keeping and re porting requirements for CEMs downtimes and CEMs data. This regulation refer s to CEMs and COMs (“an opacity CEM” and “a CEM to measure and record opacity” ) interchangeably. MDE has been in the process of establishing unique2

requirements for COMs, separat e from the requirements for CEMs , and previously broke out the requirements into separate COMAR regulations. The revised COMAR regulations were not submitted to EPA for approval into the SIP for years, until after MDE completed the series of

revisions to them. It is this series of regulatory changes that MDE has submitted as part of its November 24, 2015 submittal.

COMAR 26.11.01.10 also required that opacity monitors meet the quality assurance procedures contained in MDE’s Technical Memorandum (TM) 90

- 0 1 Continuous Emission Monitoring (CEM) Policies and Procedures , which was incorporated by reference in EPA’s February 28, 1996 rulemaking

. TM 90

- 01 established levels of enforcement actions for visible emissions exceedances based on a source’s operating t ime during a calendar quarter, and allowed exceedances to occur up to 10 percent of a source’s operating time in addition to an existing 6 minute exclusion. It established enforcement action based on the number of exceedances during the quarter as well as for sources with repeated exceedances during consecutive calendar quarters.

MDE had used TM 90

- 01 as its enforcement policy for COM s opacity violations and

COM s data availability violations since 1991 . In the past few years, MDE has been working

towar d tightening the compliance demonstration criteria for the State’s visible emissions limitations for sources required to operate COM s by removing provisions requiring the use of

TM 90

- 01

.

II. Description of Revision

On November 24, 2015, MDE submit ted a SIP revision for approval into the Maryland SIP. The submission is comprised of four State actions pertaining to the requirements for

COMs and CEMs in COMAR 26.11.01.01, COMAR 26.11.01.10 , new COMAR 26.11.01.11,

and new COMAR 26.11.31

, as follows:

1. Amendments to COMAR 26.11.01 General Administrative Provisions adopted on April 14, 2010

In the Maryland SIP, the COMs and CEMs requirements for fuel

- burning equipment are

contained in COMAR 26.11.01.10 which , as noted previously, do not distinctly

dif ferentiate between COMs requirements and CEMs requirements. To establish separate regulations for COMs and CEMs, t he April 14, 2010 action amended COMAR

26.11.01 .01 Definitions to add a new definition for COMs and to clarify the definition

for CEMs , repea led COMAR 26.11.01.10 in its entirety and replaced it with a new regulation for COMs entitled Continuous Opacity Monitoring Requirements

, and added

new COMAR 26.11.01.11 Continuous Emissions Monitoring Requirements

. The action

also amends COMAR 26.11.01.0 5 Records and Information for administrative changes to reporting and recordkeeping requirements.3

Revised COMAR 26.11.01.10 establishes requirements for COMs and applies to fuel

burning equipment burning coal, fuel oil, tars, or waste combustible fluid a t any time that has a rated heat input capacity of 250 million Btu per hour or greater, 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 o n or before June 19, 1984, cement kiln s , fluidized bed combustor s of any size, and municipal waste

combustor s with a burning capacity greater than 35 tons per day. The regulation establishes general requirements for installation of COMs, certification and quality assurance procedures, and record keeping and reporting requirements. COMAR

26.11.01 .10 F removes the requirements for fuel

- burning equipment subject to the COM requirements in COMAR 26.11.09.05 to meet TM 90

- 01

, but retains the requirement

that th e COMs on these sources meet the quality as surance and quality control (QA/QC) requirements contained in Part II of TM 90

- 01

. Likewise, COMAR 26.11.01 .10C(5) requires the COMs on these sources to meet the QA/QC procedures for COMs in

accordance with TM 90

- 01. As noted below, the QA/QC requirements were subsequently revised to remove the reference to TM 90

- 01, and instead refer to newly codified QA/QC requirements.

New COMAR 26. 11. 01. 11 requires CEMs for fuel

- burning equipment burning coal that

has a rate d heat input capacity of 100 million Btu per hour or greater, municipal waste combustors with a burning capacity greater than 35 tons per day, fluidized bed combustors, kraft pulp mills, and any owner or operator that is required to install a CEM under any federal requirement. This new regulation establishes general requirements for the installation of CEMs for each of the applicable source categories, quality assurance provisions, and monitoring and compliance requirements. COMAR 2 6.11.01 .11 D (3) requires enforcement in accordance with TM 90

- 01, which may have been an oversight in MDE’s efforts to remove the requirements of TM 90

- 01, however, MDE’s July 29,

2011 action included in this submittal removes the TM requirements from the COMAR regulation (see ac tion 4 below)

.

2. New COMAR 26.11.3 1 Quality Assurance Requirements for Continuous Opacity Monitors (COMs) adopted on May 16, 2011

COMAR 26.11.31 is a new regulation comprised of the QA/QC procedu res for COMs. In the existing SIP, the required QA/QC procedures for COMs were found in a section of

TM 90

- 01 that was incorporated by reference in the Maryland SIP. As part of MDE’s efforts to remove the applicability of TM 90

- 01 from the Maryland SIP, the May 16,

2011 action codified the QA/QC requirements in to COMAR 26.11.31 , and incorporated by reference, in COMAR 26.11.31 .03

, two federal performance and design specification requirements for the operation of opacity monitoring: Performance Specification 1 under 40 CFR part 60 Appendix B, and Performance A udit Procedures for Opacity Monitors

, EPA 450/4

- 92

- 010 dated March 1992.4

3. Revisions to COMAR 26.11.01 General Administrative Provisions adopted on July 29, 2011

The July 2 9, 2011 action amends COMAR 26.11.01 .10 and .11 previously adopted on April 1 4 , 2010 (described in Action 1) . The amendments revise COMAR 26.11.01.10A(1)(e) and .11A(1)(b) to correct the size of municipal waste combustor s required to install continuous monitors (from greater than 35 mmBtu per hour to 35 mmBtu or greater), COMAR 26.11.01.10 C (5) to remove the requirement to meet TM

90

- 01 for QA/QC procedures and instead point to the newly established QA/QC requirements in COMAR 26.11.31 (described in Action 2)

, and COMAR 26.11.01.11B(3) to clarify the pollutants to be continuously measured for municipal waste combustors, Kraft pulp mills, and fluidized bed combustors . The action also adds COMAR 26.11.01.10E for recordkeeping and reporting requirements for CEMs.

4. Revisions to COMAR 26.11.01 General Administrative Provisions adop ted on July 29, 2011

This action further amends COMAR 26.11.01 .10 and .11 (described in Action 1)

. The requirements for QA/QC procedures to meet TM 90

- 01 in COMAR 26.11.01.10F is removed and replaced with the requirement to instead meet new COMAR 26.11.3 1 (described in Action 2) . Also, the requirement to meet TM 90

- 01 for enforcement

purposes in COMAR 26.11.01.11D(3) is removed

.

It is noted that MDE’s April 14, 2010 and July 29, 2011 actions (actions 1 and 3 above) also adopted changes to COMAR 26.11 .09 Control of Fuel

- Burning Equipment, Stationary

In t ernal Combustion Engines, and Certain Fuel

- Burning Installations , which are not included in the November 24, 2015 submittal. The submittal letter explicitly excludes changes made to

COMAR 26.11.09 from this SIP revision, as MDE states that these regulations must undergo further revisions before being separately submitted for inclusion into the State’s SIP.

On February 26, 2016, MDE provided a supplemental submission excluding some

additional portions o f its November 24, 2015 SIP submittal. In addition to the exclusion of the changes to COMAR 26.11.09 .01 and .05 from the submittal , as noted above

, MDE is also excluding several provisions in COMAR 26.11.01.10 that refer to sections or subsections of

COMA R 26.11.09 that are not yet in the State’s SIP. The additional excluded sections or

subsections are COMAR 26.11.01.10A(4), B(4), D(2) (c) , and F. MDE plans to submit the

COMAR 26.11.09 revisions along with these related provisions for approval into the SI P at a

later date

.5

III . EPA’s analysis of Maryland’s Submittal

Many of the revisions in Maryland’s November 24, 2015 submittal consist of realignment of requirements that are already in the Maryland SIP. The separate regulations for

COMs and CEMs in COMAR 26.11.01.10 and .11, respectively, provide clarification s and new requirements for COMs and CEMs, which were previously referred to interchangeably in the existing SIP

- approved regulation. The removal of TM 90

- 01 , which contained enforcement

exclusi ons related to the number of violations and data availability from COMs, will st r engthen
enforcement of the State’s visible emissions standards. The additional exclusions identified in

MDE’s February 26, 2016 supplemental submission are acceptable because they point to provisions that have not yet been submitted for inclusion into the SIP

.

IV . Conclusion / Recommendation

The SIP revision strengthens the Maryland SIP

. It is recommended that a Notice of Proposed Rulemaking be published proposing approval of Maryland’s November 24, 2015

submittal , as supplemented on February 26, 2016

, as a revision to the State’s SIP

.