FINAL ACTION ON REGULATIONS 724 

## Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION
15.15.09 Civil Penalty Standards
Authorrly: AgrrcultureArticle, §2-519, AnnotatedCode of Maryland
Notice ofFinal Action (10-089-FJ On April 28, 2010, the Secretary of Agriculture adopted new Regulations .01-.07 under a new chapter. COMAR 15.15.09 Civil Penalty Standards. This action, which was proposed for adoption in 37:4 Md. R. 366- 368 (February 12, 2010), has been adopted as proposed. Effective Date: May 17,2010.

EARL F. HANCE Secretary ofAgriculture


## Subtitle 15 MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION
15.15.10 Conjidelltial Records
Authority: Agrrculture Article, §2-5/0(m), Annotated Code o]Marylond
Notice ofFinal Action [10-088-F] On April 28, 2010, the Secretary of Agriculture adopted new egulauons .01

- .04 under a new chapter, COMAR 15.15110 _onfidential Records. Th1s action. which 

### was proposed for adoption in 37:4 Md. R. 368- 369 (February 12, 2010), has been adopted as proposed. Effective Date: May 17,2010.

EARL F. HANCE Secretary ofAgriculture 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY

Notice of Final Action [10-052-F] On April 14,2010, the Secretary ofthe Environment adopted: (I) Amendments to Regulations .01 and .05, the repeal of existing Regulations .10 and .II, and new Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions: and (2) Amendments to Regulations .01 and .05 under COMAR 16.11.09 Control of Fuel-Burning Equipment. Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. This action, which was proposed for adoption in 37:3 Md. R. 269-275 (January 29, 2010), has been adopted as proposed. Effective Date: May 17,1010.
SHARI T. WILSON Secretary ofthe Environment 

# Title 31 MARYLAND INSURANCE ADMINISTRATION
Subtitle 10 HEALTH INSURANCEGENERAL 31.10.21 Private Review Agents

A11thor1ty Insurance Article. §§2-109(a)(l) and /5-IOB-03(h). Annotated Code of Maryland
Notice ofFinal Action (10-076-F] On March 30.2010, the Acting Insurance Commissioner adopted amendments to Regulation .02-l under COMAR 31.10.21 Private Review Agents. This action, which was proposed for adoption in 37:4 Md. R. 376 (February 12, 2010), has been adopted as proposed. Effective Date: May 17,2010.
ELIZABETH SAMMIS Acting Insurance Commissioner



## Subtitle 12

.HEALTH MAINTENANCE ORGANIZATIONS; ENTITIES THAT ACT AS HEALTH INSURERS 31.12.02 Health Maintenance OrganizationsContract Forms and Premium Rates :Authority: HC:alth-General Article
, Title 19. Subtitle 7: Insurance Article. §§2· l09(a )< l) IK!d 15-122: Annotated Code ofMaryland
Notice ofFinal Action [ 10-075-F] On April 9, 2010, the Acting Insurance Commissioner adopted amendments to Regulation .07 under COMAR 31.11.02 Health Maintenance Organizations-Contract Forms and Premium Rates. This action, which was proposed for adoption in 37:4 Md. R. 378 (February 12. 2010), has been adopted as proposed. Effective Date: May 17,2010.
ELIZABETH SAMMIS Acting Insurance Commissioner

MARYLAND REGISTER, 

### VOL 37,1SSUE 

### 10, FRIDAY, MAY 7, 

### 2010

# •

•

# 0 PROPOSED ACTION ON REGULATIONS 

### 269 

# Title 26 DEPARTMENT OF THE ENVIRONMENT
Subtitle 08 WATER POLLUTION 26.08.02 Guidelines for Discharge to Ground Waters
Authority: Environment Article, §§9-303.1, 9-313-9-316, 9-319, 9-320, and 9-325, Annotated Code ofMaryland
Notice of ProposedAction [l!Ml54-P-IJ The Secretary of the Environment proposes to amend Regulation .09 under COMAR 26.08.02 Water Quality.
Statement ofPurpose The purpose of this action is to update the Department's Land Treatment Guidelines to include irrigation ofClass III treated wastewater effluent onto non-restricted public access areas in promoting water reuse and to add statements to clarifY content ofthe existing Guidelines. Comparison to Federal Standards There is no corresponding federal standard to this proposed action.
Estimate orEconomic Impact

The proposed action has no economic impact.
Economic Impact on Small Businesses The proposed action has minimal or no economic impact
on smaU businesses. Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities. Opportunity for Public Comment Comments may be sent to Ching-Tzone Tien, Chief, Maryland Department of the Environment, 1800 Washington Blvd., Baltimore, MD 21230, or call 410-537-3662, or email to ctien@mde.state.md.us, or fax to 410-537-3163. Comments will be accepted through March 1, 2010. A public hearinghas not been scheduled. .09 Ground Water Quality Standards.

A. -C. (text unchanged) D. Guidelines for Discharge to Ground Waters.

(1) Land disposal of municipal 

### wastewater or [similar wastes] 

### wastewater with similar characteristics shall follow the Department ofthe Environment's "Guidelines for Land [Treatment of] 

### Application/Reuse of Treated Municipal Wastewaters" MD[R] E-WMA-001-[07/03] 04/09, which is incorporated by reference. (2)

- (5) (text unchanged) SHARI 

### T. WILSON Secretary ofthe Environment 

### Subtitle 11 AIR QUALITY

Notice ofProposed Action [10-052·PI The Secretary ofthe Environment proposes to:

(1) Amend Regulations .01 and .05, repeal existing Regulations .10 and .11, and adopt new Regulations .10 and .11 under COMAR 26.11.01 General Administrative Provisions; and (2) Amend Regulations .01 and .05 under COMAR 26.11.09 Control ofFuel-Burning Equipment, Station· ary Internal Combustion Engines, and Certain Fuel· Burning Installations.
Statement orPurpose The purpose ofthis action is to: 1. Amend COMAR 26.11.01.01 to clarifY the definition of**~continuous** Emission Monitor" (CEM) and add a definition for "Continuous Opacity Monitor" (COM);

2. Amend Regulation 26.11.01.05 to clarifY that submission oftest results, reports, or other infonnation to the Department mustbe submitted to the Program Manager ofthe Air Quality Compliance Program and that aU records and documentation must be maintained on-site and made available to the Department upon request;

3. Repeal existing Regulations 26.11.01.10 and .11 and adopt new Regulations .10 and .11 in order to clarifY which requirements are for COMs and CEMs;

4. Discontinue the use of Technical Memorandum 90-01 MContinuous Emission Monitoring (CEM) Policies and Procedures" for the fuel burning equipment except for Part II "Quality Assurance Requirements for Continuous Opacity Monitoring Systems". This Technical Memorandum 90-01 is incorporated by reference under 26.11.01.11; and

5. Amend COMAR 26.11.09.05 to:

(a) Add new definitions for MCapacity factor" and "Operating time"; (b) Expand the regulation to include revised procedures for demonstrating compliance with visible emissions (VE) requirements for sources that are required to install COMs; (c) Add procedures that under certain conditions, allow fuel burning equipmentwith flue gas desulfurization (FGD) units to replace COMs with CEMs for particulate matter; and (d) Add enforcement procedures for COMs for fuel burning equipment.

This action will be submitted 

### to the U.S. Environmental Protection Agency (EPA) for approval as part ofMaryland's State Implementation Plan.
BACKGROUND

1. Existing Visible Emissions Regulations. Fuel burning equipment which covers boilers, furnaces, stationary internal combustion engines and stationary combustion turbines of a certain size located in the Baltimore/ Washington metropolitan areas are subject 

### to a no visible emissions (VE) requirement. In the rest of the state, af. fected sources are subject to a 20 percent opacity requirement. VE are determined by a person trained to observe the opacity of stack emissions using the observational procedures in the EPA Test Method 9. Current regulations allow
an exception to the applicable VE requirements during various operational periods such as startup and shutdown. During these periods, the regulations allow one exception per hour for six minutes provided the VE do not exceed 40 perMARYLAND REGISTER, VOL. 37, ISSUE 3 FRIDAY, JANUARY 29, 2010270 PROPOSED ACTION ON REGULATIONS

cent opacity

. Theexceptions will remain in effect for Method 9 observations for these sources.

The amendments will affect fuel burning equipment that
are required to demonstrate compliance with VE requirements u sing COM data

.

2. Existing COM/CEM Requirements In COMAR 26

.11

.01.10 and .11

.

In 1991, the Department required large fuel burning equipment burning coal and residual oil to install COMs and demonstrate compliance using COM data. The regula

- tions also required other sources such as municipal waste combustors and Portland cement plants to install COMS

. Fuel burning equipment required to install COMs are generally required to: (a) certify the accuracy of the data, (b) demonstrate compliance using the COM data
, (c) submit quarterly reports that include exceedances ofthe VE limits during a calendar quarter or a calendar day and the COM down time

. The required compliance demonstrations were determined in accordance with the procedures in the Department's TM 90-01.

Current Regulat ions

. 10 and .11 under COMAR 26

. 11

.01
use the terms COMs and CEMs interchangeably but it is necessary to set forth separate requirements for each. Therefore
, the current regulations will be repealed and re

- placed with new language each addressing COMs and CEMs separately although the substantive requirements remain the same

. The current Regulation .10 and the TM 90·01 were submitted to EPA and approved as part ofMary· land's SIP

. The existing Regulation .11 was not submitted to EPA for inclusion in the approved SIP. Both of the new Regulations .10 and .11 will be submitted to EPA for SIP approval. Regulation .11 that requires several other**categ~** ries ofmajor sources to install CEMs will be further revised at a later date

.

3. TM 90

-01 Continuous Emission Monitoring (CEM) Policies and Procedures

.

TM 90-01 generally established levels ofenforcement actions to be taken by the Department for VE exceedances based on the source's operating time during a calendar quarter

. The TM allowed exceedances to occur up to 10 percent of the source's operating time in addition to the exist· ing 6 minute per hour exclusion. It established a greater degree of enforcement action based on the number of exceedances during the quarter and also contained enforcement action for sources with repeated exceedances for con· secutive calendar quarters. The intention of these amendments is to eliminate use of these enforcement procedures in the TM for fuel burning equipment and establish improved and more restrictive procedures for demonstrating compliance using COM data. The amendments at this time apply only 

### to fuel burning equipment with COMs while future amendments will address enforcement policies f or COM use at other sources

.

4

. Requirements of Existing COMAR 26.11.09.05. Regulation .05 under COMAR 26.11.09 requires all fuel burning equipment in the Baltimore/Washington areas 

### to meet a no VE requirement. In the rest of the State
, fuel burningequipment must meet a 20 percent opacity requirement. Regulation .05 under COMAR 26.11.09 is being ex· panded to include revised compliance demonstration procedures for sources that are required 

### to install and operate a COM. Compliance procedures were previously contained in the Department's TM 90·01. The Department may use the COM data or the observational procedures in Method 9 to determine compliance or non-compliance for fuel burning equipment using COMa. REVISED REQUIREMENTS 1. Revised Procedures to Demonstrate ComplianceBase Load Units

All fuel burning equipment required to operate a COM must demonstrate compliance using COM data

. After De· cember 31, 2009, base load units are 

### to demonstrate compliance with the applicable VE standard 98 percent ofits operating time during each calendar quarter. During the remaining time in the calendar quarter, VE may not exceed 40 percent opacity except for 0.5 percent of the operating time or 5 hours, whichever is greater. VE may exceed 70 percent opacity for up to four (4) six-minute periods, except for coal fired units controlled with an ESP which can exceed 70 percent opacity for up to 2.2 hours

. On any day, VE may not exceed the applicable standard for more than 4.1 hours, exceeding 40 percent opacity for not more than 1.4 hours and exceeding 70 percent opacity for not more than two (2) six-minute periods.

2. Alternative Monitoring Criteria. All affected sources have had the opportunity to complete further adjustments and improvements to control systems and improve maintenance and operating procedures that should further reduce VE

.Affected sources should be able to achieve compliance 98 percent ofthe time. In 2010
, 9 ofthe 17 affected units will install 

### S02 scrubbers

. These scrubbers are expected to significantly further reduce particulate matter and opacity.

The owner ofthose units that install scrubbers will have the opportunity to demonstrate that the saturated plume from the scrubber interferes with accurate measurement of VE and install a Continuous Emission Monitor (CEM) for particulate matter in place ofthe COM. Ifthe CEM provides accurate measurement for particulat e matter, the source may discontinue use ofthe COM and provide quarterly data for particulate matter emissions

. When the CEM is not generating data, for example during maintenance of the scrubber, the source must have provided to the Department an alternative plan for demonstrating compliance with VE re· quirements. Ifthe scrubber is by-passed and emissions di

- rected to a different stack, the source may use the existing COM or use the alternative plan approved by the Department.

3

. Revised Procedures to Demonstrate Compliance

- Low Capacity Units.

Fuel burning equipment with a capacity factor of25 percent or less usually operate infrequently and usually on high electric demand days. The amendments require these units to meet the applicable VE standard at all times except for 20 hours (12 hours for units operating Jes s than 300 hours) during any calendar quarter. During the 20 or 12 hours, VE cannot exceed 40 percent opacity except for more than 2.2 hours or exceed 70 percent opacity for mo re than two (2) six-minute periods (four 6-minute periods ifoperating time is less than 300 hours) per quarter. Daily limitations include 4.1 hours above the standard
, during which time visible emissions cannot exceed 40

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

.

A review of previous data for these units shows that, when VE do occur, it is usually for short periods oftime and
usually well Jess than 40 percent opacity

. These units startup frequently and are vulnerable to very briefVE episodes above 40 percent opacit y. Two of the units are requir ed to burn only gas during each ozone season.

MARYLAND REGISTER, VOL. 37, ISSUE 3 FRIDAY, JANUARY 29, 2010 

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PROPOSED ACTION ON REGULATIONS 271

Affected Sources :

A number of source categories such as power plants, cement plants and large incinerators are required to install COMs

. These amendments affect fuel burning equipment of
a certain size which covers boilers, furnaces, stationary internal combustion engines and stationary combustion turbines

. Emission Reductions:

The Department is not taking emission reduction credits in the SIP for the reductions that occur from these changes. The action establishes revised compliance procedures relating to sources that are required to operate continuous opacity monitors under Chapter 9 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations. TECHNICAL SUPPORT:

Air quality impact analyses were performed to determine the effect of a variety exceedance times and levels that might occur under realistic operating conditions at a facility in Maryland. The air quality modeling analysis will be used to demonstrate that under the conditions allowed in the regulation revision, there will be no interference in meeting and maintaining the PM10 24-hour National Ambient Air Quality Standard {NAAQS). This analysis was completed to support the Maryland Department of the Environment's (MDE's) proposal to set standards for sources that have installed continuous opacity monitors {COMs). These standards will affect power plants and other facilities that measure opacity through use ofa COM.

The mass emission limits will remain in effect for all facilities that have installed a COM. This air quality analysis will demonstrate that there is no interference in meeting all applicable PM10 NAAQS. The air quality analysis was performed by the MDE

. 

### Comparison to 

### Federal Standards There is a corresponding federal standard to this proposed action
, but the proposed action is not more restrictive
or stringent

. 

### Estimate ofEconomic Impact

I. Summary ofEconomic Impact. These proposed regulatory changes are not expected to result in significant new costs to Mirant or Constellation, which own and operate the power plants that are most affected by the regulations. The Department does not anticipate any significant impact on its regulatory programs

.

II. Types of Economic Impact.

A. On issuing agency: B

. On other State agencies: C. On local governments:

D

. On regulated industries or trade groups:

E

. On other industries or trade groups :

F

. Direct and indirect effects on public: Revenue (R+IR-) Expenditure (E+IE-) Magnitude (E+) Indeterminable NONE NONE Benefit(+)

Cost(-)

(-)

NONE

(+) Magnitude

Indeterminable

Indeterminable III

. Aasumptions. (Identified by Impact Letter and Number from Section II.) A

. The Department currently receives and reviews quarterly COM reports from affected sources that summari%e visible emission exceedances during each calendar quarter

. Initially the Department inspectors will work closely with sources affected by this regulation to assure that the proper data is submitted

. However, the Department does not anticipate any significant impact on its regulatory programs.

D. These proposed regulatory changes are not expected to result in significant new costs to Mirant or Constellation, which own and operate the power plants that are most affected by the regulations. During the period from August 2006 through March 2008, Mirant and Constellation entered into separate Consent Decrees with the Department to address longstanding opacity violations at their power plants. Under the terms ofthe Consent Decrees, both Mirant and Constellation are obligated to install new pollution controls and implement numerous measures to reduce opacity levels in the oil and coal-fired units subject to the Decrees

. In addition, the installation ofFGD technology on 9 coal

-fired units for operation commencing in 2010 to comply with Healthy Air Act requirements is expected to significantly reduce particulate emissions and opacity levels on those units.

Other sources operating COMs may incur some additional indeterminate costs to achieve compliance with VE limitations under the amended regulations

.

F

. This action will help improve Maryland's air quality and will result in fewer negative health effects on the general public from air pollution.


### Economic Impact on Small Businesses The proposed action has minimal or no economic impact
on small businesses. 

### Impact on Individuals with Disabilities The proposed action has an impact on individuals with disabilities as follows: This action will have a positive impact on individuals with disabilities involving respiratory problems by reducing air pollutants that contribute to disease. 

### Opportunity for Public Comment

The Department of the Environment will hold a public hearing on the proposed action on March 3
, 2010 at 10 a.m

. at the Department of the Environment, 1800 Washington Boulevard
, 1st Floor Aeris Conference Room, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views

. Comments may be sent to Deborah Rabin, Regulations Coordinator
, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard
, Suite 730
, Baltimore, Maryland 21230-1720, or emailed to drabin@mde. state.md.us. Comments must be received not later than March 3, 2010, or be submitted at the hearing. For more information, call Deborah Rabin at {410) 537-3240.

Copies of the proposed action and supporting documents
are available for review at the following locations: The Air and Radiation ManagementAdministration; regional offices of the Department in Cumberland and Salisbury; all local air quality control offices; and local health departments in those counties not having separate air quality control offices.

Anyone needing special accommodations at the public hearing should contact the Department's Fair Practices Office at {410) 537-3964. 

### TTY users may contact the Department through the Maryland Relay Service 

### at 1-800-735- 2258.

MARYLAND REGISTER, VOL. 37, ISSUE 3 FRIDAY, JANUARY 29, 2010

### 272 PROPOSED ACTION ON REGULATIONS



### 26.11.01 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 ofMaryland .01 Definitions.

A. (text unchanged) B

. 'Thrms Defined.

(1}- (8) (text unchanged) (9) "Continuous emission monitor (CEM)" means a sys· tern ofinstruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continu· ously measure and record the [opacity,) emission rate[,] or concentration ofa substance in a gas stream. 

### (9-1) "Continuous opacity monitor (COM)" means a sys· tem of instruments installed, operated, and calibrated in ac· cordance with the procedures in this subtitle to continuously

measure and record the opacity ofemissions as six-minute averages of notgreater than 15 second increments. (10)-(53) (text unchanged) C.- D. (text unchanged) .05 Records and Information.

A. -B. (text unchanged) 

### C. Wheneuer a prouision in this subtitle requires submis· sion or reporting of test results, reports, or other information to the Department, unless otherwise speci{U!d, the informa· lion shall be submitted to: 

### Program Manager Air Quality Compliance Program Maryland Department of the Enuironment 1800 Washington Bouleuard, Suite 715 Baltimore, Maryland 21230 410-537-4225 D. Unless otherwise specified, all records, documentation
or other information required by this subtitle, shall be main· tained on-site and made auailable to the Department upon request. .10 

### Continuous Opacity Monitoring Requirements.

A. Applicability and Exceptions.

(1) The prouisions of this regulation apply to: (a) Fuel burning equipment burning coal, fuel oil, tars, or waste combustiblefluid at any time and that has a rated heat input capacity of250 million Btu per hour or greater; (b) 

### Fuel burningequipment burningcoal witha rated heat input capacity of100 million Btu per hour or greater but less than 250 million Btuper 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 ca· pacity greater than 35 tons per day. (2) The owner or operator ofan 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 tofuel burningequip· ment that: (a) Burns only distillate fuel oil or 

### a mixture of gas and distillatefuel oil; (b) 

### I s able to comply with the applicable particulate matter and opacity emission limitations without usingpar· ticulate matter control equipment; and (c) Has never beenfound in a final order to be in uio· lation of any visible emissions standard

. (4) The owner or operator of fuel burning equipment subject to this regulation may, with approval by the Depart· ment, discontinue use of a COM only in accordance with the provisions in COMAR 26.11.09.05C.

B. General Requirementsfor COMs.

(1) 

### The owner or operator ofan installation subject to this regulation shall: (a) Install and continuously operate a COM that com· plies with a plan approved by the Department and EPA in accordance with §B(l)(b) of this regulation; and (b) 

### Before installing a COM, submit to the Depart· mentfor approual, aplan containing the COM design speci· fications
,proposed location, and a description of aproposed alternatiue measurement method consisting of a schedulefor utilizing the EPA Reference Method 9 observational proce· dures. (2) The Department shall submit the plan to EPA for re· view and approual

. (3) A COM shall comply with the applicable require· ments in 40 CFR Part 51, Appendiz 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 QualityAssurance Procedures.

(1) 

### All certification testing, including certification per· formance tests and audits, shall be performed in accordance with 40 CFR Part 60, Appendix B, as amended, which is in· corporated by 

### reference

. (2) For fuel burning equipment subject to the federal Acid Rain Program, all certification testing, including certi· fication performance tests and audit s, shall be performed in accordance with 40 CFR Part 75, Appendix A, 

### as amended. (3) Certification testing shall be 

### repeated when the De· partment determines that the data are inualid because of component replacement orother conditions that affect the ac· curacy of generated data. (4) The owner or operator that is required to perform a certificationperformance test shall: (a) At least 60 days before the test, submit a test pro· tocol to the Departmentfor reuiew and approual,· (b) 

### Schedule the test at a reasonable time and notify the Department at least 10 days before the test is to be con· ducted ; 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 require·
ments in COMAR 26.11.09 shall meet the quality assurance procedures contained in Technical Memorandum 90-01 "Continuous Emission Monitoring (CEM) Policies and Pro· cedures," Part II Quality Assurance Requirements for Con· tinuous Opacity Monitoring Systems.

D

. Record Keeping andReportingRequirements

.

(1) System Downtime ReportingRequirements

.

(a) All COMdowntime that lasts or isexpected to last
more than 24 hours shall be reported to the Department by telephone before 10 a.m. of thefirst regular business dayfollowing thefirst day on which downtime occurs

. (b) 

### The COM downtime report shall include the rea· son, if known, for the breakdown and the estimatedperiod of time that the COM will be down. The owner or operatorshall notify the Department by telephone when the COM has met performance specificationsfor accuracy, reliability, and du· rability of acceptable monitoring systems, asprouided in 40 CFR Part 51 Appendix P, and isproducing data.

MARYLAND REGISTER, VOL. 37, ISSUE 3 FRIDAY, JANUARY 29, 2010 

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PROPOSED ACTION ON REGULAnONS 273



### (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 datafor at least 95percent of the source's operating time during any calendar quarter. The alternative measurement plan re- quired in §B(1)(b) ofthis regulation shall be used at all times when the COMfails to conform to performance stan· dards required by 

### §B(2) ofthis regulation during data collection. (2) Data ReportingRequirements.

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

### All COM data shall be reported in a format ap· proved by the Department. (c) A quarterly summary report shall be submitted to the Department not later than 30 daysfollowing each calen· dar quarter. The report shall be in a 

### format approved by 

### the Department, and shall include thefollowing: (i) The cause, time periods, and the opacity ofall 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, includ· ing the time and date ofthe beginning and end ofeach downtimeperiod, 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 thepercentage of COM downtime, during the calendar quarter; (v) Quarterly quality assurance activities; (vi) Daily calibration activities that include reference values, actual values, absolute orpercent of span differ· ences, and drift status; (vii) Other information that the Department determines isnecessary to evaluate the data orto ensure that com· pliance is achieved.

E. All information required by this regulation to be maintained or reported to the Department shall be retained and made availablefor review by the Departmentfor a minimum of

5 yearsfrom 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," e%cept for Part II Quality AssuranceRequirementsfor Continuous Opacity Monitoring Systems. 

### .11 Continuous Emission Monitoring Requirements.

A. 

### Applicability andExemptions. (1) The provisions of this regulation apply to: (a) Fuel·burning equipment burning coal that has a rated heat input capacity of100 million Btu per hour or greater ; (b) 

### Municipal waste combustors with a burning ca- pacitygreater than 35 tonsper day; (c) Fluidized bed combustors; and (d) Kraft pulp mills. (2) An owner or operator that is required to install a CEM under anyfetkral requirement is also subject to all of theprovisions of this regulation. B. General Requirementsfor CEMs. (1) 

### Anowneroroperatorsubject to this regulation shall:

(a) Before installing a GEM, submit to the Department, for approval by the Department and EPA, a plan con· taining the CEM design specifications, proposed location, and a description ofa proposed alternative measurement method; and (b) 

### Install and operate a CEM in accordance with the plan approved by the Department and EPA under theprovisions of §B(JJ(a) of this regulation. (2) The owner or operator of fuel-burning equipment burning coal, with a heat input capacity of100 million Btu per hour or greater, shall install GEMs to measure and record sulfurdioxide, nitrogen oxide, either oxygen or carbon dioxide, andflow. (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 GOMAR 26.11.14.05; and (c) Afluidized bed combustor of any size shall install CEMs to measure sulfur dioxide, nitrogen o%ide 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 ofthe CEMfor more than 2 hours in duration, the owneror operator shall use the alternative measurement method approved by the Depart· ment and EPA.

C

. QualityAssurancefor CEMs. A GEM used to monitor a gas concentration shall meet the quality assurance criteria of 40 CFR Part 60, Appendix F, 

### as amentkd, which is incorpo· rated 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, adminis

trative 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 datapaintsper hour andautomatically reduce data in terms ofaveraging 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 ofGOMs and GEMs for enforcement pur· poses shall be 

### as specified in the Department's Air Manage· ment Administration Thchnical Memorandum 90·01 "Con· tinuous Emission Monitoring (CEM) Policies and Procedures," which is incorporated by reference. 

### 26.11.09 Control of Fuel-Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations

Authority- Environment Article, §§1-101, 1...(04, 2·101- 2-103, 2-301- 2·303, 10.102, and 10-103,

Annotated Code ofMaryland .01 Definitions.

A. (text unchanged) B. Terms Defined.

(1) (text unchanged) (1.1) 

### "Capacityfactor" means:

(a) The ratio between the actual heat input to fuel burning equipmentfrom thefuels burned dur'ing a year and

MARYLAND REGISTER, VOL 37, ISSUE 3 FRIDAY, JANUARY 29, 2010274 PROPOSED ACTION ON REGULATIONS

the**potent~al** heat input ifit had been operating for 8
, 760 hours durmg the year at the maximum steady state design heat input capacity; or (b) The ratio of the unit' s actual annual electric out· put, 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 capacityfactor of a unit shall ap· P!Y continuously and_ is determined on a monthly rolling ba· szsfor each consecutwe 12-monthperiod

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. (d) ":'hen_ either the procedure in §B(1-1J(a) or (b) of thzs**~egulatwn** zs selected to determine the capacityfactor of
a unzt, that sameprocedure shall applyfor that unit. (2)- (11) (text unchanged) (11-1) "Operating time"means, for the purpose ofdetermining compliance or non-compliance with this chapter, the**a~tual** time in ho_urs that an affected unit operates, be gin· nmg when operatzon of the draftfans is established and ending whenfeed of theprimaryfuel to the combustion chamber is discontinued. (12)- (23) (text unchanged) .05 Visible Emissions

.

A. Fuel Burning Equipment.

(1) (text unchanged) (2) Areas III and IV. In Areas III and 

### IV. a person may not cause or pennit the discharge ofemissions from any fuel burning equipment, other than water in an uncombined form, which is visible 

### to human observers except that,for the**pu~po_se** of**demonstr~t ng**  compliance using COM data, emzsszons that are viszble to a human observer are those that
are equal to or greater than 10percent opacity. (3) (text unchanged) ( 4) Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is subject to the requir ement to install and operate a COM sha_ll demonstrate compliance with the applicable visible emzssions limitation specified in §A(!) and (2) of this regulation asfollows: (a) For units with a c a pacit y factor greater than 25**p~r~ent, u~ti~**  December 31, 2009, compliance is achieved if vzszble em,ss,ons do not exceed the applicable visible emis· sions limitation in §A(l) and (2) of this regulationfor more than 4 percent ofthe unit's oper atin g time in any calendar quarter, during which time visible emissions: (i) Do not e xcee d 40.0percent opacity, exceptfor 5.0 hours or0.5percent of the unit' s operating time, whicheuer is greater; (ii) Do not exceed 70

. 0 percent opacity for more than four (4) 6-minute periods
, e xc

ept that coal

- fired units equipped with electrostatic precipitator s may exceed 70.0 percent opacity for no more than 2.2 hours; and (iii) On any cale ndar day, do not exceed the appli· cable**v~sible** emissions limitation in §A(l) and (2) ofthis regulatzon for more than 4.1 hour s, during which time vis· ible emissions do not exce ed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for
more than two (2) six-minuteperiods; (b) For units wit h a c a pacit y factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if

visible emissions do not exceed the applicable visible emis· sions limitation in §A(l) and ( 2) of this regulationfor more than 2 percent ofthe unit 's operating time in any calendar quarter, during which time visible emissions: (i) Do not exceed 40.0percent opacity, exceptfor 5.0 hours or 0.5percent of the unit' s operating time, whichever is greater; (ii) Do not exceed 70.0 percent opacit y for more thanfour (4) six-minuteperiod s, exc e pt that coal

- fired units equipped with electrostatic preci p it ators may exceed 70.0 percent opacityfor no more than 2

.2 hour s; and (iii) On any cal end ar day, do not exceed the applicable visible emissions limitation in §A(1) and ( 2) ofthis regulation for more than 4.1 hours, during which time vis

ible emissions do not exceed 40.0 perce nt opacity for more than 1

.4 hours and do not exc eed 70.0 percent opacit y for
more than two 6-minuteperiod s; (c) For units with a c a pacity factor equal to or less than 25percent that oper ate mor e than 300 hour s per quarter, beginning July 1, 2009, complianc e with the applicable visible emissions limitation in §A(l) and (2) ofthis r egulation is achieved i{, dur in

g a cal endar quarter, visible emis

- sions do not exceed the applicabk st andard for more than 20.0 hours, during which time visible emissions: (i) Do not excted 40.0percent opacityfor more than 2.2 hours; (ii) Do not exceed 70 percent for more than four 6-minuteperiods; and (iii) On any calendar day, do not exceed the appli

- cable visible emissions limit aJ.ion in §A(1) and ( 2) ofthis regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacit y for more than 1.4 hours and do not exceed 70.0 percent opacit y for
more than two 6-minuteperiod s; and (d) For units wit h a capacity factor equal to or less tha'!-**2~**percent that operate less than 300 hour sper quart er. begmnmg July 1, 2009, compli ance with the appli cable vis· ible emissions limitation in §A(1) and (2) ofthis regulation is achieved i{, durin g a calendar quarter, visible emissions do not exceed the a p

plicable st andard for more than 12.0 hours, during which time visible emissions: (i) Do not exceed40.0percent opacityfor more than 2.2 hours; (ii) Do not exceed 70.0 percent opacity for more thanfour 6-minuteperiods; and (iii) On any calendar day, do not excee d the applicable visible emissions limitation in §A(l) and (2) ofthis regulation for more than 4.1 hours, during which time vis

ible emissi ons 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-minuteperiods.

B. Determining Violations

.

( 1) For each unit required to operate a COM pur suant to COMAR 26.11.01

. 10A(l)(a) and (b), each day during a cak ndar quarter when the opacity ofemissions from that
unit during the calendar quar ter or calendar day, as appli· cable, exceeds the emission limitations in §A(4)(a), (b), ( c) and (d) ofthis 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 Re· quir ements. Except for owners or operators of fuel burnin g equipment subject to anyfederal requirement that mandates operati on of a COMandasprovided in §D of this re gulation,**~he** owner or operator of fuel burning equipment requir e d to znstall and operate a COM may discontinue the operation of the COM on fuel burning equipment that is served by a flue gas desulfurization device:

MARYLAND REGISTER, VOL. 37, ISSUE 3 FRIDAY, JANUARY 29, 2010 

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# • PROPOSED ACTION ON REGULATIONS 275

(1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment; (2) When theflue 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 andfederal re· quirements, that water vapor ispresent in the flue gasfrom the equipment and would impede the accuracy ofopacity measurements; and (4) Ifthe owner or operator has fully implemented an alternative plan, approved by the Department, for monitor· ing opacity leuels andparticulate matter emissionsfrom the stack that includes: (a) A schedule for monthly observations ofvisible 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 andfederal re· quirementsforparticulate matter CEMs.

D. /{, 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.

[B.] 

### E. (text unchanged) SHARI T. WILSON Secretary ofthe Environment



### Subtitle 11 AIR QUALITY

Notice of Proposed Action (10-053-PJ The Secretary ofthe Environment proposes to;

(1) Repeal Regulations .01-.15 and adopt new Regulations .01

- .05 under COMAR 28.11.29 NO" Reduction Requirements for Non-Electric Generating Units un· der the Clean Air Interstate Rule; and (2) Repeal Regulations .01-.09 under COMAR 28.11.30 Policies and Procedures Relating to Maryland's NO,. Reduction and Trading 

### Program.
Statement of Purpose The purpose ofthis action is to continue the NO,. emission requirements for internal combustion engines located at natural gas pipeline compression stations and NO,. emission requirements for cement kilns located at Portland cement manufacturing plants that were included in the NO,. Reduction and Trading Program (NO,. SIP Call) under COMAR 26.11.29 and .30, and to make the NO,. emission requirements for cement kilns located at Portland cement manufacturing plants stricter than the existing requirements beginning inApril 2011.

This action will be submitted to the Environmental Protection Agency (EPA) for approval as part of Maryland's State Implementation Plan. Background:

The NO,. Reduction and Trading Program under COMAR 26.11.29 and .30 (NO,. SIP Call), that is being repealed, established a cap and trade program for power plants and otherlarge coal fired units, and distributed NO,. allowances to these units. The regulations also contained requirements for other major sources of NO,. including natural gas pipeline compression stations and Portland cement manufacturing plants (cement plants) that were not included in the trading program. Requirements for power plants, referred to as electric generating units, are now contained in the Clean Air Interstate Rule (CAIR) under COMAR 26.11.28, whereas requirements for non-trading NO,. sources are contained in this chapter and referred to as non-electric generating units.
Sources Affected:

This proposed action will affect two natural gas pipeline compression stations and two existing Portland cement manufacturing plants. A third Portland cement manufacturing plant moved out ofstate to be closer to its source of
raw materials. Requirements:

This action requires: 1. Stationary internal combustion engines at natural gas pipeline compression stations to continue to meet the applicable NO,. emission requirements that were included in the federal NO,. SIP Call;

2. Cement kilns at Portland cement manufacturing plants to continue to meet, until March 31, 2011, either the applicable NO,. emission standards or the NO,. control measures that were included in the federal NO,. SIP Call; and

3. Cement kilns at Portland cement manufacturing plants to meet, beginning April 1, 2011, the applicable NO,. emission standards that were included in the federal NO,. SIP Call. Expected Emissions Reductions:

NO,. emissions at cement plants will be reduced through installation ofNO,. control systems. Compliance will result in an overall reduction ofat least 3,800 tons peryear ofNO,. from the cement plants. The gas compression stations have already been modified to reduce NO,. emissions. Comparison to Federal Standards In compliance with Executive Order 01.01.1996.03, this proposed regulation is more restrictive or stringent than corresponding federal standards as follows: (1) Regulation citation and manner in which it is more restrictive than the applicable federal standard:

NO,. SIP Call: 40 CFR Parts 51, 72, 75, and 96 (FR 63; 57356 (October 27, 1998)

MFinding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone"

The federal rule provides several compliance options for Portland cement plants to reduce NO,. emissions whereas this proposed action eliminates all options except the option that produces the greatest NO,. emissions reduction, beginning April 1, 2011. (2) Benefit to the public health, safety or welfare, or the environment: Reduces NO,. emissions which are a primary precursor to the formation ofground level ozone. (3) Analysis of additional burden or cost on the regulated person:

The largest cement plant will pay $2,500,000 for a NO,. control system and will pay $2,000,000 annually for operating costs. The owner ofthe smallercement plantwill pay up to $1,000,000 for a NO,. control system and will pay $800,000 for annual operating costs. (4) Justification for the need for more restrictive standards:

MARYLAND REGISTER, VOL 37, ISSUE 3 FRIDAY, JANUARY 29,2010

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