FINAL ACTION ON REGULATIONS 

724 

Subtitle 15 MARYLAND 

AGRICULTURAL LAND 

PRESERVATION FOUNDATION 

15.15.09 Civil Penalty Standards 

Authorrly: Agrrculture Article, §2-519, Annotated Code of Maryland 

Notice of Final 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 of Agriculture 

Subtitle 15 MARYLAND 

AGRICULTURAL LAND 

PRESERVATION FOUNDATION 

15.15.10 Conjidelltial Records 

Authority: Agrrculture Article, §2-5/0(m), Annotated Code o]Marylond 

Notice of Final Action 

[10-088-F] 

On April 28, 2010, the Secretary of Agriculture adopted new 

egulauons .01 - .04 under a new chapter, COMAR 15.151

10 

_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 of Agriculture 

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 of the 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 of Final 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 of Maryland 

Notice of Final 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 
• 

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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 of Maryland 

Notice of Proposed Action 

[l!Ml54-P-IJ 

The Secretary of the Environment proposes to amend 

Regulation .09 under COMAR 26.08.02 Water Quality. 

Statement of Purpose 

The purpose of this action is to update the Department's 

Land Treatment Guidelines to include irrigation of Class III 

treated wastewater effluent onto non-restricted public access areas in promoting water reuse and to add statements 

to clarifY content of the existing Guidelines. 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Estimate or Economic 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 

hearing has 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 of the 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 of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[10-052·PI 

The Secretary of the 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 of Fuel-Burning Equipment, Station· 

ary Internal Combustion Engines, and Certain Fuel· 

Burning Installations. 

Statement or Purpose 

The purpose of this 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 of test results, reports, or other infonnation to the Department must be submitted to the Program Manager of the 

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 equipment with 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 of Maryland'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, 2010 
270 PROPOSED ACTION ON REGULATIONS 

cent opacity. The exceptions 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 using 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 of the 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 Regulations .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 of Mary· 

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 of major 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 of enforcement 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 for 

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 

burning equipment 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 of its 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 of the time. In 2010, 9 of the 

17 affected units will install S02 scrubbers. These scrubbers are expected to significantly further reduce particulate 

matter and opacity. 

The owner of those 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 of the COM. If the CEM provides 

accurate measurement for particulate matter, the source may discontinue use of the 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. If the 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 of 25 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 Jess 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 more than 

two (2) six-minute periods (four 6-minute periods if operating 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 opacity. Two of the units are required 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 

CO Ms. 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 of a 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 of Economic Impact 

I. Summary of Economic 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 of the 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 of FGD 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 Management Administration; 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 of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. 'Thrms Defined. 

(1}-(8) (text unchanged) 

(9) "Continuous emission monitor (CEM)" means a sys· 

tern of instruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continu· 

ously measure and record the [opacity,) emission rate[,] or 

concentration of a 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 of emissions as six-minute 

averages of not greater 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 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 ca· 

pacity 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 equip· 

ment 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 par· 

ticulate matter control equipment; and 

(c) Has never been found 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 Requirements for COMs. 

(1) The owner or operator of an 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· 

ment for approual, a plan containing the COM design speci· 

fications, proposed location, and a description of a proposed 

alternatiue measurement method consisting of a schedule for 

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 Quality Assurance 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 audits, 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 or other conditions that affect the ac· curacy 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 pro· 

tocol to the Department for 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 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 rea· 

son, 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 du· 

rability of acceptable monitoring systems, as prouided in 40 

CFR Part 51 Appendix P, and is producing 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 data for 

at least 95 percent of the source's operating time during any 

calendar quarter. The alternative measurement plan re- quired in §B(1)(b) of this regulation shall be used at all 

times when the COM fails to conform to performance stan· 

dards 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 ap· 

proved by the Department. 

(c) A quarterly summary report shall be submitted to 

the Department not later than 30 days following each calen· 

dar 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, includ· 

ing 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 differ· 

ences, and drift status; 

(vii) Other information that the Department determines is necessary to evaluate the data or to 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 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," e%cept for Part II Quality 

Assurance Requirements for Continuous Opacity Monitoring 

Systems. 

.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 ca- pacity 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 fetkral 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 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 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(JJ(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 GEMs 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 

GOMAR 26.11.14.05; and 

(c) A fluidized 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 of the CEM for more than 2 hours in duration, the owner or operator shall use the 

alternative measurement method approved by the Depart· 

ment and EPA. 

C. Quality Assurance for 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, 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 paints 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 GOMs 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 of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(1) (text unchanged) 

(1.1) "Capacity factor" means: 

(a) The ratio between the actual heat input to fuel 

burning equipment from the fuels burned dur'ing a year and 

MARYLAND REGISTER, VOL 37, ISSUE 3 FRIDAY, JANUARY 29, 2010 
274 PROPOSED ACTION ON REGULATIONS 

the potent~al heat input if it 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 capacity factor of a unit shall ap· 

P!Y continuously and_ is determined on a monthly rolling ba· 

szs for each consecutwe 12-month period. 

. (d) ":'hen_ either the procedure in §B(1-1J(a) or (b) of 

thzs ~egulatwn zs selected to determine the capacity factor of a unzt, that same procedure shall apply for that unit. 

(2)-(11) (text unchanged) 

(11-1) "Operating time" means, for the purpose of determining compliance or non-compliance with this chapter, the 

a~tual time in ho_urs that an affected unit operates, begin· 

nmg when operatzon of the draft fans is established and ending when feed of the primary fuel 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 of emissions 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 10 percent 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 requirement to install and operate a COM 

sha_ll demonstrate compliance with the applicable visible 

emzssions limitation specified in §A(!) and (2) of this regulation as follows: 

(a) For units with a capacity 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 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, whicheuer 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 appli· 

cable v~sible emissions limitation in §A(l) and (2) of this 

regulatzon for more than 4.1 hours, during which time vis· 

ible 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 emis· 

sions limitation in §A(l) 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 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(l) and (2) of this regulation is achieved i{, during a calendar quarter, visible emis- sions do not exceed the applicabk standard for more than 

20.0 hours, during which time visible emissions: (i) Do not excted 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 appli- cable visible emissions limitaJ.ion 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 

tha'!- 2~ percent that operate less than 300 hours per quarter. begmnmg July 1, 2009, compliance with the applicable vis· ible emissions limitation in §A(1) and (2) of this regulation 

is achieved i{, 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(l) 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(l)(a) and (b), each day during a cak ndar quarter when the opacity of emissions from that 

unit during the calendar quarter or calendar day, as appli· cable, 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 Re· 

quirements. 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, 

~he owner or operator of fuel burning equipment required 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 

. . ., ' 
. ,. 

• 

PROPOSED ACTION ON REGULATIONS 275 

(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 re· quirements, 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 monitor· 

ing opacity leuels 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 re· 

quirements for particulate 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 of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

(10-053-PJ 

The Secretary of the 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 of this 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 in April 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 

other large 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 of state 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 of NO,. control systems. Compliance will result 

in an overall reduction of at least 3,800 tons per year of NO,. 

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 of ground 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 of the smaller cement plant will 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 
..