Current Effective COMAR text

This document shows the final COMAR text, that is part of the Maryland SIP.  

This will assume all SIP packages up to and including Revision #15‐05 are

accepted/approved by EPA.

Text that is stricken = Not in any SIP revision

Fuel Burning Equipment Opacity Requirements are not in a SIP Revision to EPA as

of this date.  So that text (under 26.11.09) was part of the Effective Action

5/17/2010 but will be a future SIP. Therefore that text is stricken but shown in red

as it is planned to be a future SIP.

COMAR 26.11.01  General Administrative Provisions

26.11.01.01 Downlaod 12-7-15 

.01 Definitions. 

A. In this subtitle, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) Actual Emissions. 

(a) "Actual emissions" means the average rate, in tons per year, at which a source discharged a pollutant during a 2-

year period which precedes the date of a completed application for an NSR source or other specified date, and which 

is representative of normal source operation. The Department may allow the use of a different time period upon a 

determination that it is more representative of normal source operation. Actual emissions shall be calculated using 

the source's operating hours, production rates, and types of materials processed, stored, or combusted during the 

selected time period. 

(b) For the purpose of submitting emissions statements under Regulation .05-1 of this chapter, "actual emissions" 

means the emissions, in tons per year, which a source discharged during a calendar year or other specified period of 

time. 

(2) "Air pollution" as defined in Environment Article, §2-101, Annotated Code of Maryland, means the presence in 

the outdoor atmosphere of substances in quantities, having characteristics, and being of a duration which, from any 

single source or in combination with other sources, are, or may be predicted with reasonable certainty to be, 

injurious to human, plant, or animal life or to property, or which unreasonably interfere with the proper enjoyment 

of the property of others by reason of the emission of odors, solids, vapors, liquids, or gases, throughout the State 

and in such areas of the State that are affected by them. 
(3) "Air pollution control equipment" means equipment whose primary purpose is to reduce the discharge of 

emissions into the atmosphere in order to comply with air pollution control requirements. Eff. 9/27/1998 

(4) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after 

consideration of any physical, operational, or emissions limitations required by this subtitle or by federally 

enforceable conditions which restrict operations and which are included in an applicable air quality permit to 

construct, permit to operate, secretarial order, plan for compliance, consent agreement, court order, or applicable 

federal requirement. 

(5) "Capture efficiency" means the weight per unit time of a pollutant entering a capture system and delivered to a 

control device, divided by the weight per unit time of the total pollutant generated by a source of the pollutant, 

expressed as a percentage. The capture efficiency reflects how much of the pollutant is captured and routed to the 

control device. 

(6) "Certifying individual" means the person responsible for the completion and certification of the emissions 

statement required in Regulation .05-1 of this chapter. 

(6-1) CO2 Equivalent Emissions (CO2e). 

(a) “CO2 equivalent emissions (CO2e)” means the amount of GHGs emitted. 

(b) “CO2 equivalent emissions (CO2e)”shall be computed as follows: 

(i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the mass amount of emissions (tpy), for each of the 

six greenhouse gases in the pollutant GHGs, by the gas‘s associated global warming potential published at Table A–

1 to Subpart A of 40 CFR Part 98 — Global Warming Potentials (74 FR 56395); 

(ii) Sum the resultant values from B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO2e; and 

(iii) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide 

emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material 

originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and 

biodegradable organic material). 

(6-2) "Commercial bakery oven" (bakery oven) means an oven with a rated heat input capacity of 2,000,000 Btu per 

hour or greater, that is used to bake bread, rolls, or other yeast-raised products. 

(7) "Confined emissions" means emissions which are discharged into the outdoor atmosphere through a stack, duct, 

hood, flue, or other conduit. 

(8) "Confined source" means an installation that discharges into the atmosphere through a stack, duct, hood, flue, or 

other conduit. 

(9) SIP 15-05 "Continuous emission monitor (CEM)" means a system of instruments installed, operated, and 

calibrated in accordance with the procedures in this subtitle to continuously measure and record the emission rate or 

concentration of a substance in a gas stream. 

(9-1) SIP 15-05 "Continuous opacity monitor (COM)" means a system of instruments installed, operated, and 

calibrated in accordance with the procedures in this subtitle to continuously measure and record the opacity of 

emissions as six-minute averages of not greater than 15 second increments. 
(10) "Control efficiency" means the ratio of the emissions released by a control device and the emissions introduced 

to the control device, expressed as a percentage. 

(11) "Control equipment" means any device or contrivance which prevents or reduces emissions. 

(12) "Control officer" means: 

(a) The health officer of Allegany, Anne Arundel, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, 

Garrett, Harford, Howard, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, or 

Wicomico County; 

(b) The Commissioner of Health of the City of Baltimore, the Director of the Baltimore County Department of 

Environmental Protection and Resource Management, the Director of the Montgomery County Department of 

Environmental Protection, or the Chief of the Environmental Programs Section of Worcester County Department of 

Planning, Permits, and Inspections; or 

(c) Any employee of the Department designated by the Secretary. 

(13) Reserved. 

(14) "Department" means the Department of the Environment. 

(15) "Distillate fuel oil" means all American Society for Testing and Materials numbered fuel oils other than 

residual fuel oil. 

(16) "Emissions" means any substance, other than water in an uncombined form, discharged directly or indirectly 

into the atmosphere including, but not limited to, odors, particulate matter, vapors, gases, or any combination of 

these substances. 

(17) "Fuel-burning equipment" means any: 

(a) Boiler that has the primary function of heating air, water, or any other medium through indirect heat transfer 

from the burning of fuels; or 

(b) Stationary internal combustion engine or stationary combustion turbine used to produce mechanical or electrical 

energy. 

(18) "Fugitive emissions" means emissions which escape into the outdoor atmosphere through openings such as 

windows, doors, vents, roof monitors, poorly fitting closures, or poorly maintained equipment. 

(18-1) “Greenhouse gases (GHGs)”means the aggregate group of six greenhouse gases: 

(a) carbon dioxide (CO2); 

(b) methane (CH4); 

(c) nitrous oxide (N2O); 

(d) sulfur hexafluoride (SF6); 

(e) hydrofluorocarbons (HFCs); and 
(f) perfluorocarbons (PFCs). 

(19) "Installation" means any article, machine, equipment, or other contrivance, including, but not limited to, 

emission control equipment, processing equipment, manufacturing equipment, fuel-burning equipment, incinerators, 

or any equipment or construction, capable of generating, causing, or reducing emissions. 

(20) Modification. 

(a) "Modification" means any physical change in, or change in the operation of, a source or installation which causes 

a change in the quantity, nature or characteristics of emissions from the source or installation. However, this term 

excludes routine maintenance and routine repair, and increases in the hours of operation or in the production rate, 

unless these increases would be prohibited under any permit or approval conditions adopted by the Department. 

(b) In the context of New Source Performance Standards and National Emission Standards for Hazardous Air 

Pollutants adopted or enforced by the Department, the federal definition of the term "modification" is controlling. 

(c) "Modify" means to make a modification. 

(d) In the context of Prevention of Significant Deterioration regulations adopted or enforced by the Department, the 

federal definitions of the terms "modification" and "major modification" are controlling. 

(20-1) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the 

equivalent agency of another state. 

(21) "National Emission Standards for Hazardous Air Pollutants source (NESHAP source)" means any: 

(a) Source of asbestos, beryllium, mercury, vinyl chloride, benzene, or inorganic arsenic which is subject to the 

provisions of 40 CFR Part 61 (excluding Subparts B, H, I, K, Q, R, T, and W), as amended; or 

(b) Source which is subject to the provisions of 40 CFR Part 63, as amended. Eff. 3/5/12 

(22) Reserved. 

(23) "New Source Performance Standard source (NSPS source)" means any source which is subject to 40 CFR Part 

60, as amended. Eff. 3/5/12 

(24) "New Source Review source (NSR source)" means any major stationary source or major modification subject 

to the requirements of COMAR 26.11.17. 

(24-1) (SIP 14-04 in review with EPA, conditional approval expected ) "NOx Ozone Season Allowance" means a 

CAIR NOx ozone season allowance as defined in 40 CFR 96.302 and does not constitute a security or other form of 

property. 

(25) "Odor" means that property of an emission which stimulates the sense of smell. 

(26) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an 

object in the background. 

(27) "Operating day" means a 24-hour period beginning midnight of one day and ending the following midnight, or 

an alternative 24-hour period approved by the Department, during which time an installation being monitored is 

operating, consuming fuel, processing or producing a material, or causing emissions. 
(28) "Oxides of nitrogen (NOx)" means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide 

(NO2), expressed as equivalent molecular weight of NO2. 

(29) "Particulate matter (PM)" means any material, except water in uncombined form, that is or has been airborne, 

and exists as a liquid or a solid at standard conditions. 

(30) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, 

discharged into the ambient air. 

(30-1) “PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers. 

(30-2) "PM2.5 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers, discharged into the ambient air. 

(31) SIP 13-06 "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 

micrometers. 

(32) SIP 13-06 "PM10 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less 

than or equal to a nominal 10 micrometers, discharged into the ambient air. 

(33) "Percent seasonal throughput" means percent of annual throughput conducted during each of the 4 seasonal 

periods (December—February, March—May, June—August, September—November). 

(34) "Person" means any individual, group of individuals, firm, partnership, voluntary association, or private, public 

or municipal corporation, or agency, bureau, department or an instrumentality of federal, State, or local government 

responsible for the use of property. 

(35) "Potential to emit" means the maximum capacity of a stationary source to discharge a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it 

would have on emissions is federally enforceable through a permit condition, compliance plan, or administrative or 

court order. 

(36) "Premises" means all the installations or other sources that are located on contiguous or adjacent properties and 

that are under the control of one person or under common control of a group of persons. 

(37) SIP 13-05 “Prevention of Significant Deterioration (PSD) source” means any new or modified source subject 

to the provisions of 40 CFR §52.21, as amended. 

(38) "Process weight" means the total weight of all materials introduced into any specific process which may cause 

emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and 

combustion air will not. 

(39) "Process weight per hour" means the rate established as follows: 

(a) For continuous or long-run steady-state operations, the total process weight for the entire period of continuous 

operation or for a typical portion of operation, divided by the number of hours of the period or portions of operation; 

(b) For cyclical or batch operations, the total process weight for a period that covers a complete operation or an 

integral number of cycles, divided by the hours of actual process operation during the period; and 
(c) When the nature of any process or operation or the design of any equipment permits more than one interpretation 

of this definition, the interpretation that results in the minimum value for allowable emission shall apply. 

(40) "Reasonably Available Control Technology (RACT)" means the lowest emissions limit that a particular source 

is capable of meeting by the application of control technology that is reasonably available considering technological 

and economic feasibility. 

(41) "Residual fuel oil" means that fuel oil that meets the specifications of the American Society for Testing and 

Materials for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 

(42) "Secretary" means the Secretary of the Environment. 

(43) "Source" as defined in Environment Article, §2-101(i), Annotated Code of Maryland, means any property, real 

or personal, or person contributing to air pollution. 

(44) "Stack or chimney" means any flue, conduit, or duct arranged to conduct emissions. 

(45) "Stack height" means the height of a stack measured from the ground elevation to the top of the stack, not 

including caps, nozzles, or other encumbrances. 

(46) "Standard conditions" means at a temperature of 77°F (25°C) and a pressure of 29.92 inches (760 mm) of 

mercury. 

(47) "Standard industrial classification (SIC) code" means a series of codes devised by the federal Office of 

Management and Budget (OMB) to classify establishments according to the type of economic activity in which they 

are engaged. 

(48) "True vapor pressure (TVP)" means the vapor pressure of a material at storage temperature, where storage 

temperature is the maximum monthly average temperature of the material or 77°F (25°C), whichever is the higher. 

(49) "Typical ozone season day (TOSD)" means a day typical of that period of the year during which conditions for 

photochemical ozone formation are most favorable, which is generally during sustained periods of direct sunlight 

(that is, long days, little cloud cover) and warm temperatures. 

(50) "Unconfined source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, 

flue, or other conduit but which escape into the atmosphere through openings such as windows, vents or doors, ill 

fitting closures, or poorly maintained equipment. 

(51) "Vapor balance line" means any connection closed to the atmosphere between the vapor space of two storage 

containers that will allow the vapors to be displaced as the liquid is transferred from one tank to the other. 

(52) "Vapor pressure" means the total equilibrium partial pressure or pressures for any given chemical or mixture at 

a given temperature. 

(53) "Volatile organic compound (VOC)" means any organic compound which participates in atmospheric 

photochemical reactions, excluding those compounds which have been determined to have negligible photochemical 

reactivity by the U.S. Environmental Protection Agency and which are listed in 40 CFR §51.100(s), as amended. 

C. Not SIPed text, fully repealed effective 3/12/15, noted in SIP 12-10. 

D. Not SIPed text, fully repealed effective 3/12/15, noted in SIP 12-10. 
 26.11.01.05 Download 12-7-15 

.05 Records and Information. 

A. The Department may require a person who owns or operates an installation or source to establish and maintain 

records sufficient to provide the information necessary to: 

(1) Assist the Department in the development of an implementation plan, air emissions standard, equipment 

performance standard, or material formulation standard; 

(2) Determine compliance with an air emissions standard, equipment performance standard, material formulation 

standard, or permit condition; 

(3) Verify or update registration information; or 

(4) Update Maryland's air emissions inventory. 

B. A person who is required pursuant to §A of this regulation to establish and maintain records shall: 

(1) Maintain the necessary information in a format approved by the Department; and 

(2) Submit written reports, when requested by the Department, summarizing the information in a format approved 

by the Department and on a schedule specified by the Department. 

C. SIP 15‐05 Whenever a provision in this subtitle requires submission or reporting of test results, reports, or other 

information to the Department, unless otherwise specified, the information shall be submitted to: 

Program Manager 

Air Quality Compliance Program 

Maryland Department of the Environment 

1800 Washington Boulevard, Suite 715 

Baltimore, Maryland 21230 

410-537-4225 

D. SIP 15‐05 Unless otherwise specified, all records, documentation or other information required by this subtitle, 

shall be maintained on-site and made available to the Department upon request. 

26.11.01.10 Download 12-7-15 

.10 Continuous Opacity Monitoring Requirements. (all new text in SIP 15‐05,

unless noted otherwise)

A. Applicability and Exceptions. 
(1) The provisions 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 capacity of 35 tons or greater per day. 

(2) The owner or operator of an installation subject to this regulation may also be subject to the requirements of 40 

CFR Parts 60 and 75, as amended. 

(3) This regulation does not apply to fuel burning equipment that: 

(a) Burns only distillate fuel oil or a mixture of gas and distillate fuel oil; 

(b) Is able to comply with the applicable particulate matter and opacity emission limitations without using 

particulate matter control equipment; and 

(c) Has never been found in a final order to be in violation of any visible emissions standard. 

(4) The owner or operator of fuel burning equipment subject to this regulation may, with approval by the 

Department, discontinue use of a COM only in accordance with the provisions in COMAR 26.11.09.05C. 

(5) SIP 15-04 The owner or operator of a cement manufacturing installation may discontinue use of a COM when a 

PM CPMS is installed and operated in accordance with the requirements of COMAR 26.11.30. 

B. General Requirements for COMs. 

(1) The owner or operator of an installation subject to this regulation shall: 

(a) Install and continuously operate a COM that complies with a plan approved by the Department and EPA in 

accordance with §B(1)(b) of this regulation; and 

(b) Before installing a COM, submit to the Department for approval, a plan containing the COM design 

specifications, proposed location, and a description of a proposed alternative measurement method consisting of a 

schedule for utilizing the EPA Reference Method 9 observational procedures. 

(2) The Department shall submit the plan to EPA for review and approval. 

(3) A COM shall comply with the applicable requirements in 40 CFR Part 51, Appendix P, Sections 3.3—3.9, as 

amended, which is incorporated by reference. 

(4) The owner or operator of fuel burning equipment that is required by this regulation to install and operate a COM 

is subject to the provisions in COMAR 26.11.09.05. 

C. Certification and Quality Assurance Procedures. 
(1) All certification testing, including certification performance tests and audits, shall be performed in accordance 

with 40 CFR Part 60, Appendix B, as amended, which is incorporated by reference. 

(2) For fuel burning equipment subject to the federal Acid Rain Program, all certification testing, including 

certification performance tests and audits, shall be performed in accordance with 40 CFR Part 75, Appendix A, as 

amended. 

(3) Certification testing shall be repeated when the Department determines that the data are invalid because of 

component replacement or other conditions that affect the accuracy of generated data. 

(4) The owner or operator that is required to perform a certification performance test shall: 

(a) At least 60 days before the test, submit a test protocol to the Department for review and approval; 

(b) Schedule the test at a reasonable time and notify the Department at least 10 days before the test is to be 

conducted; and 

(c) Submit the test results to the Department not later than 45 days after the completion of the test. 

(5) The owner or operator of fuel-burning equipment required to install and operate a COM shall meet the quality 

assurance procedures contained in COMAR 26.11.31. 

D. Record Keeping and Reporting Requirements. 

(1) System Downtime Reporting Requirements. 

(a) All COM downtime that lasts or is expected to last more than 24 hours shall be reported to the Department by 

telephone before 10 a.m. of the first regular business day following the first day on which downtime occurs. 

(b) The COM downtime report shall include the reason, if known, for the breakdown and the estimated period of 

time that the COM will be down. The owner or operator shall notify the Department by telephone when the COM 

has met performance specifications for accuracy, reliability, and durability of acceptable monitoring systems, as 

provided in 40 CFR Part 51 Appendix P, and is producing data. 

(c) Except as otherwise approved by the Department and the EPA, a COM shall operate in compliance with the 

requirements of §B(2) of this regulation and collect data for at least 95 percent of the source's operating time during 

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

times when the COM fails to conform to performance standards required by §B(2) of this regulation during data 

collection. 

(2) Data Reporting Requirements. 

(a) A COM shall automatically reduce all data to six-minute block averages calculated from 24 or more equally 

spaced data points. 

(b) All COM data shall be reported in a format approved by the Department. 

(c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar 

quarter. The report shall be in a format approved by the Department, and shall include the following: 

(i) The cause, time periods, and the opacity of all emissions which exceed the applicable quarterly, daily and hourly 

emission standards as provided in COMAR 26.11.09.05A(4); 
(ii) The COM and installation downtimes, including the time and date of the beginning and end of each downtime 

period, and whether the downtime was scheduled; 

(iii) The cause of all COM downtime; 

(iv) The total operating time for the quarter, and the total time and percent of the operating time during the quarter 

that excess emissions occurred, and the percentage of COM downtime, during the calendar quarter; 

(v) Quarterly quality assurance activities; 

(vi) Daily calibration activities that include reference values, actual values, absolute or percent of span differences, 

and drift status; 

(vii) Other information that the Department determines is necessary to evaluate the data or to ensure that compliance 

is achieved. 

E. All information required by this regulation to be maintained or reported to the Department shall be retained and 

made available for review by the Department for a minimum of 5 years from the time the report is submitted. 

F. Fuel burning equipment subject to the COM requirements in COMAR 26.11.09.05 and cement kilns subject to the 

COM requirements in COMAR 26.11.30 are subject to the COM requirements contained in COMAR 26.11.31. 

Cement kiln text added with part of SIP 15-04

26.11.01.11 Download 12-7-15 

.11 Continuous Emission Monitoring Requirements. (all new text in SIP 15-05) 

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 capacity of 35 tons or greater per day; 

(c) Fluidized bed combustors; and 

(d) Kraft pulp mills. 

(2) An owner or operator that is required to install a CEM under any federal requirement is also subject to all of the 

provisions of this regulation. 

B. General Requirements for CEMs. 

(1) An owner or operator subject to this regulation shall: 

(a) Before installing a CEM, submit to the Department, for approval by the Department and EPA, a plan containing 

the CEM design specifications, proposed location, and a description of a proposed alternative measurement method; 

and 
(b) Install and operate a CEM in accordance with the plan approved by the Department and EPA under the 

provisions of §B(1)(a) of this regulation. 

(2) The owner or operator of fuel-burning equipment burning coal, with a heat input capacity of 100 million Btu per 

hour or greater, shall install CEMs to measure and record sulfur dioxide, nitrogen oxide, either oxygen or carbon 

dioxide, and flow. 

(3) The owner or operator of: 

(a) A municipal waste combustor (MWC) shall install CEMs to measure and record SOx, NOx, carbon monoxide 

emissions and either CO2 or oxygen; 

(b) A Kraft pulp mill shall install a CEM to measure and record SO2 and flow; and 

(c) A fluidized bed combustor of any size shall install CEMs to measure and record sulfur dioxide, nitrogen oxide 

and either oxygen or carbon dioxide. 

(4) Except as otherwise approved by the Department, if the owner or operator is unable to obtain emissions data 

from CEMs because of a malfunction of the CEM for more than 2 hours in duration, the owner or operator shall use 

the alternative measurement method approved by the Department and EPA. 

C. Quality Assurance for CEMs. A CEM used to monitor a gas concentration shall meet the quality assurance 

criteria of 40 CFR Part 60, Appendix F, as amended, which is incorporated by reference, or, if applicable, the quality 

assurance criteria of 40 CFR Part 75, Appendix B, as amended. 

D. Monitoring and Determining Compliance. 

(1) General. A CEM required by this regulation is the primary method used by the Department to determine 

compliance or non-compliance with the applicable emission standards established in any permit or approval, 

administrative or court order, Certificate of Public Convenience and Necessity, or regulation in this subtitle. 

(2) Data Reduction. A CEM used to monitor a gas concentration shall record not less than four equally spaced data 

points per hour and automatically reduce data in terms of averaging times consistent with the applicable emission 

standard. 

E. Record Keeping and Reporting Requirements. 

(1) CEM System Downtime Reporting Requirements. 

(a) All CEM system 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 breakdown. 

(b) The system breakdown report required by §E(1)(a) of this regulation shall include the reason, if known, for the 

breakdown and the estimated period of time that the CEM will be down. The owner or operator of the CEM shall 

notify the Department by telephone when an out-of-service CEM is back in operation and producing data that has 

met performance specifications for accuracy, reliability, and durability of acceptable monitoring systems, as 

provided in COMAR 26.11.31, and is producing data. 

(2) CEM Data Reporting Requirements. 

(a) All test results shall be reported in a format approved by the Department. 
(b) Certification testing shall be repeated when the Department determines that the CEM data may not meet 

performance specifications because of component replacement or other conditions that affect the quality of 

generated data. 

(c) A quarterly summary report shall be submitted to the Department not later than 30 days following each calendar 

quarter. The report shall be in a format approved by the Department, and shall include the following: 

(i) The cause, time periods, and magnitude of all emissions which exceed the applicable emission standards; 

(ii) The source downtime including the time and date of the beginning and end of each downtime period and 

whether the source downtime was planned or unplanned; 

(iii) The time periods and cause of all CEM downtime including records of any repairs, adjustments, or maintenance 

that may affect the ability of the CEM to meet performance specifications of emission data; 

(iv) Quarterly totals of excess emissions, installation downtime, and CEM downtime during the calendar quarter; 

(v) Quarterly quality assurance activities; 

(vi) Daily calibration activities that include reference values, actual values, absolute or percent of span differences, 

and drift status; and 

(vii) Other information required by the Department that is determined to be necessary to evaluate the data, to ensure 

that compliance is achieved, or to determine the applicability of this regulation. 

(d) All information required by this regulation to be reported to the Department shall be retained and made available 

for review by the Department for a minimum of 2 years from the time the report is submitted. 

Chapter 09 Control of Fuel-Burning Equipment, Stationary Internal 

Combustion Engines, and Certain Fuel-Burning Installations 

26.11.09.01 Download 12-8-15 

.01 Definitions. Note: On 6/13/2011 the definitions under B. were renumbered to 

pull out the definitions dealing with distributed generation. When the 

distributed generation definitions were moved to COMAR 26.11.36, the 

remaining definitions were renumbered, but this was not submitted to EPA. The 

definitions that were pulled were not part of the SIP (state only regulations). But 

a new SIP 15-01 (action effective 4/28/2014) was submitted to EPA and now 

shows the renumbered definitions under B. and matches the numbering below. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) SIP 95-13 "Annual combustion analysis" means the measurement of CO and O2 in the flue gas at the normal 

operating load and calculation of minimum excess air. 

(1-1) SIP 15-01 Biomass. 
(a) “Biomass” means solid organic material that can be combusted for use as fuel including the following: 

(i) Wood residue and wood products such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, 

scraps, slabs, millings, and shavings; 

(ii) Animal manure, including litter and other bedding materials; 

(iii) Vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff 

(e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and ground; 

and 

(iv) Any solid organic material that has been approved by the Department, on a case-by-case basis, utilizing the 

criteria established by EPA and set forth in 40 C.F.R. 241.3, as amended. 

(b) This definition of biomass is not intended to suggest that these materials are or are not solid waste. 

 (1-2) "Capacity factor" means: 

(a) The ratio between the actual heat input to fuel burning equipment from the fuels burned during a year and the 

potential heat input if it had been operating for 8,760 hours during the year at the maximum steady state design heat 

input capacity; or 

(b) The ratio of the unit's actual annual electric output, in megawatt hours, to the unit's name plate capacity 

multiplied by 8,760 hours. 

(c) For the purpose of this chapter, the selected method of determining the capacity factor of a unit shall apply 

continuously and is determined on a monthly rolling basis for each consecutive 12-month period. 

(d) When either of the procedures in §B(1-1)(a) or (b) of this regulation is selected to determine the capacity factor 

of a unit, that same procedure shall apply for that unit. (was (1-1) in 2010) FB SIP TBD

(2) "Clean wood" means wood that has no paint, stains, or other types of coatings, and wood that has not been 

treated with any substance, including but not limited to copper chromium arsenate, creosote, or pentachlorophenol. 

(NOT SIP with Reg .11) 

(3) Exists prior to SIP 93-03 "Distillate fuel oil" means all American Society for Testing and Materials numbered 

fuel oils other than residual. 

(4) "Fuel" means: (SIP 04-08) edit with SIP 15-01 

(a) Coal or any other fossil fuel; 

(b) Waste combustible fluid or used oil that has been approved by the Department to be burned as a fuel in 

accordance with Regulation .10 of this chapter; and (NOT SIP with Reg .10) 

(c) Biomass as defined in this regulation, or approved by the Department. 

SIP 10-10 Remove “Fuel-Burning Equipment”, relocate to 26.11.01.01 

(5) SIP 02-06 "Gas" means any gaseous fuel that can be used to create useful heat or mechanical energy including: 

(a) Natural gas or propane; 
(b) Gaseous fuels produced synthetically; 

(c) Gaseous substances derived from the decomposition of organic matter; or 

(d) Gaseous substances derived as a byproduct of a manufacturing process. 

(6) SIP 00-06 "High heat release unit" means fuel burning equipment that is designed with an area heat release rate 

of 1,400,000 Btu per hour per square foot or greater. 

(7) SIP 05-07 "Interruptible gas service" means a gas service negotiated between the user and a utility company 

under the jurisdiction of the Maryland Public Service Commission in which the utility company reserves the right 

upon determining that gas supplies are inadequate for normal distribution: 

(a) To interrupt the gas supply after notification; or 

(b) To limit the gas supply by automatic interruption. 

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

actual time in hours that an affected unit operates, beginning when operation of the draft fans is established and 

ending when feed of the primary fuel to the combustion chamber is discontinued. (was (11-1) in 2010) FB SIP 

TBD

(9) "Manufacturer" means a person who imports, manufactures, assembles, or produces a small wood boiler. (NOT 

SIP with Reg .11) 

(10) "Off-specification used oil" means used oil that exceeds one or more of the specifications in Regulation .10B of 

this chapter. (NOT SIP with Reg .10) 

(11) "On-specification used oil" means used oil that meets all of the specifications in Regulation .10B of this 

chapter. (NOT SIP with Reg .10) 

(12) Exists prior to SIP 93-03 "Residual fuel oil" means that fuel oil that meets the specifications of the American 

Society for Testing and Materials for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel. 

(13) Exists prior to SIP 93-03 "Rotary cup burner" means a fuel oil burner which employs a rotating cup to 

atomize and mix fuel oil with air for combustion. 

(14) "Small wood boiler" means a fuel-burning device: 

(a) With a rated thermal output of less than 350,000 Btu per hour; 

(b) Designed to burn clean wood or other approved solid fuels; 

(c) That the manufacturer specifies for outdoor installation or indoor installation; and 

(d) That distributes heated fluid through pipes for the purpose of supplying heat and/or hot water to building spaces. 

(NOT SIP with Reg .11) 

(15) SIP 95-13 "Space heater" means fuel-burning equipment that consumes more than 60 percent of its annual fuel 

during the period from October 31 of one year through March 31 of the following year. For the purpose of this 

regulation, annual fuel use is the total fuel consumed during the period October 1 of one year to September 30 of the 

following year, beginning October 1, 1989. 
(16) SIP 93-03 "System" means all combustion equipment owned or operated by a single business entity. 

(17) "Used oil" means oil that has been refined from crude oil, or any synthetic oil, that has been used and, as result 

of the use, is contaminated by physical or chemical impurities. (NOT SIP with Reg .10) 

(18) "Waste combustible fluid (WCF)" means a fluid waste material that: 

(a) Is not used oil; 

(b) Has been approved by the Department in accordance with the requirements in COMAR 26.13.02 to be burned as 

fuel in any fuel-burning equipment or other installation; and 

(c) Has a heating value of 6,000 Btu or more per pound. (NOT SIP with Reg .10) 

26.11.09.05 Download 12-8-15 

.05 Visible Emissions. (last revision was under SIP 03-10) 

A. Fuel Burning Equipment. 

(1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person may not cause or permit the discharge of emissions 

from any fuel burning equipment, other than water in an uncombined form, which is greater than 20 percent opacity. 

(2) Areas III and IV. In Areas III and IV, a person may not cause or permit the discharge of emissions from any fuel 

burning equipment, other than water in an uncombined form, which is visible to human observers except that, for the 

purpose of demonstrating compliance using COM data, emissions that are visible to a human observer are those that 

are equal to or greater than 10 percent opacity. FB SIP TBD

(3) Exceptions. Section A(1) and (2) of this regulation do not apply to emissions during load changing, soot 

blowing, startup, or adjustments or occasional cleaning of control equipment if: 

(a) The visible emissions are not greater than 40 percent opacity; and 

(b) The visible emissions do not occur for more than 6 consecutive minutes in any sixty minute period. 

(4) Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is 

subject to the requirement to install and operate a COM shall demonstrate compliance with the applicable visible 

emissions limitation specified in §A(1) and (2) of this regulation as follows: 

(a) For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if 

visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for 

more than 4 percent of the unit's operating time in any calendar quarter, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units 

equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and 
(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this 

regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more 

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

(b) For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if 

visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for 

more than 2 percent of the unit's operating time in any calendar quarter, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is 

greater; 

(ii) Do not exceed 70.0 percent opacity for more than four (4) six-minute periods, except that coal-fired units 

equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this 

regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more 

than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods; 

(c) For units with a capacity factor equal to or less than 25 percent that operate more than 300 hours per quarter, 

beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this 

regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more 

than 20.0 hours, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70 percent for more than four 6-minute periods; and 

(iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this 

regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more 

than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods; and 

(d) For units with a capacity factor equal to or less than 25 percent that operate 300 hours or less per quarter, 

beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this 

regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more 

than 12.0 hours, during which time visible emissions: 

(i) Do not exceed 40.0 percent opacity for more than 2.2 hours; 

(ii) Do not exceed 70.0 percent opacity for more than four 6-minute periods; and 

(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. FB SIP TBD

(5) Notwithstanding the requirements in §A(4) of this regulation, the Department may determine compliance and 

noncompliance with the visible emissions limitations specified in §A(1) and (2) of this regulation by performing 

EPA reference Method 9 observations. FB SIP TBD

(6) In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any 

ambient air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, 

or 63, as amended. FB SIP TBD

B. Determining Violations. 
(1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a 

calendar quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as 

applicable, exceeds the emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a separate 

day of violation. 

(2) A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), 

of this regulation, as applicable, that occur on the same day shall constitute separate violations. 

(3) A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation. 

C. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning 

equipment subject to any federal requirement that mandates operation of a COM and as provided in §D of this 

regulation, the owner or operator of fuel burning equipment required to install and operate a COM may discontinue 

the operation of the COM on fuel burning equipment that is served by a flue gas desulfurization device: 

(1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment; 

(2) When the flue gas desulfurization device serving the equipment is in operation; 

(3) If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, 

as amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from 

the equipment and would impede the accuracy of opacity measurements; and 

(4) If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring 

opacity levels and particulate matter emissions from the stack that includes: 

(a) A schedule for monthly observations of visible emissions from the stack by a person trained to perform Method 9 

observations; and 

(b) Installation and operation of a particulate matter CEM that complies with all applicable State and federal 

requirements for particulate matter CEMs. FB SIP TBD

D. If, for units equipped with a flue gas desulfurization device, emissions bypass the device and are discharged 

through a bypass stack, the bypass stack shall be equipped with a COM approved by the Department. FB SIP TBD

E. Stationary Internal Combustion Engine Powered Equipment. 

(1) Definitions. For the purpose of this section: 

(a) "Idle" means the condition during which the engine is not performing the useful net work that enables the piece 

of equipment to accomplish its designated purpose. 

(b) "Internal combustion engine" (hereafter "engine") means all engines except those used for propulsion of ships or 

vehicles licensed to operate upon the public highway within the State, or engines employed solely for agricultural 

and recreational purposes unless they are an integral part of a stationary installation. 

(2) Emissions During Idle Mode. A person may not cause or permit the discharge of emissions from any engine, 

operating at idle, greater than 10 percent opacity. 

(3) Emissions During Operating Mode. A person may not cause or permit the discharge of emissions from any 

engine, operating at other than idle conditions, greater than 40 percent opacity. 
(4) Exceptions. 

(a) Section E(2) of this regulation does not apply for a period of 2 consecutive minutes after a period of idling of 15 

consecutive minutes for the purpose of clearing the exhaust system. 

(b) Section E(2) of this regulation does not apply to emissions resulting directly from cold engine start-up and 

warm-up for the following maximum periods: 

(i) Engines that are idled continuously when not in service: 30 minutes; 

(ii) All other engines: 15 minutes. 

(c) Section E(2) and (3) of this regulation do not apply while maintenance, repair, or testing is being performed by 

qualified mechanics. 

Chapter 31 Quality Assurance Requirements for Continuous Opacity Monitors 

(COMs) 

26.11.31.01 – 12 Download 12-8-15 

.01 Scope. 

This chapter codifies the quality assurance (QA) and quality control (QC) procedures previously established by the 

Department’s Technical Memorandum 90-01 for continuous opacity monitors (COMs). The procedures are 

transferred into this chapter in regulatory format. In addition, the general provisions and quality control requirements 

found in COMAR 26.11.01.10 are also applicable to COMs. 

.02 Applicability. 

A. The procedures specified by this chapter shall be used to evaluate the effectiveness of a facility’s quality 

assurance (QA) and quality control (QC) procedures for COMs. The procedures specify the minimum quality 

assurance requirements for the assessment and control of COM data. 

B. Source owners and operators using COMs shall meet these minimum requirements and are encouraged to develop 

and implement a more extensive QA and QC program or to continue the programs where they already exist. 

C. Data collected as a result of QA and QC measures required in this chapter shall be submitted to the Department. 

These data shall be used by both the Department and the owner or operator in assessing the effectiveness of the 

procedures in maintaining acceptable operation and valid emission data. 

D. All sources using COMs shall develop and implement the required QC plan upon successful completion of the 

initial performance specification test and shall conduct the required QA procedures beginning with the first calendar 

quarter following the successful performance specification test. 

E. These procedures explicitly specify the quality assessment methods to be used for calibration drift and quality 

audits but do not address the evaluation of monitor installation location or the design specification verification 

procedures which are addressed in Appendix B of 40 CFR Part 60. 
.03 Incorporation by Reference. 

A. In this chapter, the following documents are incorporated by reference. 

B. Documents Incorporated. 

(1) Performance Specification 1 (PS1) under 40 CFR Part 60, Appendix B. 

(2) Performance Audit Procedures for Opacity Monitors, EPA 450/4-92-010 March 1992, Atmospheric Research 

and Exposure Assessment Laboratory, Research Triangle Park, North Carolina 27711. 

.04 Definitions. 

A. In this chapter, the following terms have the meanings indicated. 

B. Terms Defined. 

(1) “Calibration drift (CD)”means the difference in the COM output reading from a reference value after a period of 

operation during which no unscheduled maintenance, repair, or adjustment took place. The reference value may be 

the simulated zero (or low-level) check or the upscale calibration value. 

(2) “Calibration error” means the difference between the opacity values indicated by the COM and the known values 

of a series of calibration attenuators (neutral density filters). 

(3) “Simulated zero check” means the use of a method or device to provide a simulated zero-opacity (or low-level 

value between zero and 20 percent of span value) and that provides a system check of the analyzer internal optical 

surfaces and all electronic circuitry including the lamp and photodetector assembly. 

(4) “Span value” means the opacity value at which the COM is set to produce the maximum data display output. 

(5) “Upscale calibration value” means the opacity value at which a calibration check of the COM is performed by 

simulating an upscale opacity condition using a neutral density filter or other related technique to produce a known 

obscuration of the light beam as viewed by the receiver. 

.05 Principle. 

A. The QA procedures are a control loop composed of two functions: 

(1) Assessment of data quality by measurement of COM performance; and 

(2) Control and improvement of data quality by implementing QC policies and corrective actions. 

B. When the assessment function indicates that data quality is inadequate, the control effort shall be increased until 

data quality is acceptable. 

C. COM Accuracy Determination. 

(1) Quarterly performance audits involving a series of checks of monitoring system components and operation shall 

be performed to assess the accuracy of the COM data. Calibrated audit materials shall be required for certain checks 

as specified by this chapter. 
(2) The opacity monitoring data shall be considered accurate if the required audits do not identify problems that 

detract from the accuracy of the COM data. 

D. Quality control and corrective actions encompass a variety of policies, specifications, standards, and corrective 

measures. To accommodate these site-specific variables, this chapter treats QC requirements in general terms to 

allow each source owner or operator to develop a QC system that is more effective and efficient for the 

circumstances. However, the final data output device used to report emissions to the Department in the quarterly 

excess emissions report shall be used for all required QA and QC measurements. 

.06 Quality Control Requirements. 

A. Development and Implementation. 

(1) Each source owner or operator using a COM shall develop a written quality control (QC) program and submit 

that program to the Department for approval. 

(2) A source owner or operator may periodically revise its QC program to make it more effective and efficient. Each 

revised QC program shall be resubmitted to the Department for approval, along with the prior approved program. 

(3) A source owner or operator shall implement an approved QC program as expeditiously as possible. 

(4) The owner or operator shall maintain a current copy of the approved QC program on site for inspection. 

B. Contents. At a minimum, each QC program shall include written procedures which describe in detail complete, 

step-by-step procedures and operations for each of the following activities: 

(1) Opacity calibration; 

(2) Calibration drift determination and adjustment; 

(3) Daily, monthly, and quarterly checks of component or system performance; 

(4) Preventive maintenance, including spare parts inventory; 

(5) Data recording, calculations, and reporting; 

(6) Performance audits and zero alignment procedures; 

(7) Corrective actions for malfunctioning COMs; and 

(8) Notification to the Department for the discovery of any out-of-control monitor. 

.07 Opacity Calibration Drift Assessment. 

A. Calibration Drift (CD) Requirement. 

(1) Source owners and operators using COMs shall check, record, and quantify the CD at two opacity values at least 

once daily in accordance with the method prescribed by the manufacturer. 

(2) The COM calibration shall, at a minimum, be adjusted whenever the daily zero (or low-level) CD or the daily 

high-level CD exceeds the limits specified in Performance Specification 1 (PS1) in Appendix B of 40 CFR Part 60. 
B. Recording Requirements for Automatic CD Adjusting Monitors. 

(1) Monitors that adjust the data to the corrected calibration values automatically (for example, microprocessor 

control) shall be programmed to record the unadjusted opacity before resetting the calibration, or record the amount 

of adjustment that is applied to the effluent opacity measurements. 

(2) The data recorded in accordance with §B(1) of this regulation is to be maintained on site for review by the 

Department for a period of 2 years. 

C. Criteria for Excessive Calibration Drift. 

(1) If either the zero (or low-level) or high-level CD result exceeds the applicable drift specification in Performance 

Specification 1 for five consecutive daily periods, the COM shall be considered out of control. 

(2) If either the zero (or low-level) or high-level CD result exceeds two times the applicable drift specification in 

Performance Specification 1 during any CD check, the COM shall be considered out of control. 

(3) If the COM is out of control, the source owner or operator shall take necessary corrective action to correct the 

deviation. 

(4) The owner or operator shall repeat the CD checks no later than 24 hours following corrective action to repair an 

out-of-control COM. 

D. Out-of-Control Period. 

(1) The beginning of the out-of-control period is the time corresponding to the completion of the fifth consecutive 

daily CD check with a CD in excess of the allowable limit or the time corresponding to the completion of the daily 

CD check preceding the daily CD check that results in a CD in excess of two times the allowable limit. 

(2) The end of the out-of-control period is the time corresponding to the completion of the CD check following 

corrective action that result in the CD at both the zero (or low-level) and the high-level measurement points being 

within the corresponding allowable CD limit. 

.08 Audit Frequency. 

A. Each COM shall undergo a performance audit at least once each calendar quarter. Successive quarterly 

performance audits shall not occur within 2 months. 

B. A zero alignment audit shall be conducted at least annually, with each coming before a corresponding quarterly 

performance audit. Successive zero alignment audits shall not occur within consecutive quarters. 

C. When conducting a performance or zero alignment audit, the owner or operator shall use the same output device 

as used to report emissions to the Department in the quarterly excess emissions report. 

.09 Performance Audit. 

A. Each performance audit shall include a series of checks of individual monitoring system components and factors 

affecting the accuracy of the monitoring data. 
B. Calculations for COM data shall be in accordance with monitor specific calculations in the EPA document 

Performance Audit Procedures for Opacity Monitors, which is incorporated by reference in Regulation .03B(2) of 

this chapter. Examples of detailed audit procedures are also found in that referenced document. 

C. A performance audit shall include checks for each procedure in an approved QC program, including, at a 

minimum, the following checks: 

(1) Stack Exit Correlation Error. 

(a) The value of the pathlength correction factor used by the monitor is measured according to procedures specified 

by the manufacturer. 

(b) The correct value of the pathlength correction factor is computed from the monitor pathlength and stack exit 

diameter. 

(c) The stack exit correlation error is determined as the ratio of the measured value to the correct value and is 

expressed as a percent. 

(2) Fault Indicators. Fault lamp indicators, data acquisition system error messages, and other system self-diagnostic 

indicators are examined to determine if the COM is operating within preset limits. 

(3) Zero and Upscale Responses. 

(a) The COM responses to the simulated zero condition (or low-level) and upscale calibration value are determined 

from the permanent data recording device according to the routine CD check procedure. 

(b) The zero and upscale response errors are determined from the permanent data recording device to the routine CD 

check procedure. 

(c) The zero upscale response errors are determined as the difference between the corrected values and the observed 

response for the zero and upscale calibration check. 

(4) Zero Compensation. The value of the zero compensation applied at the time of the audit is determined as 

equivalent percent opacity. The value is corrected to stack exit conditions, according to the procedures specified by 

the manufacturer, where the applicable monitor includes an automatic correction to compensate for drift in the 

monitor’s response to the simulated zero opacity condition or dust accumulation on the optical surfaces of the 

transceiver. 

(5) Optical Alignment. The status of the optical alignment of the transmissometer components shall be determined 

using an alignment sight that indicates that the monitor is misaligned when a measurement error of 2 percent opacity 

or greater is caused by misalignment, in accordance with Performance Specification 1 incorporated by reference 

under Regulation .03B(1) of this chapter. 

(6) Optical Surface Dust Accumulation. 

(a) An estimate of the amount of dust (or other particulate matter) deposited on the exposed optical surfaces of the 

transmissometer is obtained by recording the apparent effluent opacity before and after cleaning of each of the 

exposed optical surfaces. 

(b) The total optical surface dust accumulation is the sum of the apparent reduction in opacity for all of the optical 

surfaces that are cleaned. 
(7) Calibration Error. The COM responses are compared using one of the following methods to the known values of 

three reference neutral density filters corrected to stack exit conditions: 

(a) The preferred method requires the installation of an audit device, adjusted to provide the same zero response as 

the monitor’s simulated zero check, that simulates the clear path condition and allows insertion of the filters into the 

light path; or 

(b) In those cases where an audit device is not available, an alternate method may be used by conducting an 

incremental calibration (that is, superimposing the audit filters and effluent opacity) and comparing the monitor 

response to the expected value calculated from the filter and effluent opacity values. This method is sensitive to 

fluctuations in the effluent opacity during the test. 

.10 Calibration Error Methods. 

A. Test Methods. 

(1) For both calibration error methods in Regulation .09C(7) of this chapter, three filters shall each be placed in the 

light path five times and the monitor responses shall be determined from the permanent data recorder. 

(2) The low-, mid-, and high-range calibration error results are computed as the main difference and the 95 percent 

confidence interval for the difference between the expected and actual responses of the monitor difference as 

corrected to the stack exit conditions. 

(3) An owner or operator shall use neutral density filters with values that have been determined according to 7.1.3 

Attenuator Calibration of Performance Specification 1, which is incorporated by reference under Regulation .03B(1) 

of this chapter. 

B. Attenuator Values. 

(1) The stability of the attenuator values shall be checked at least once per year according to the procedure specified 

in Performance Specification 1, which is incorporated by reference under Regulation .03B(1) of this chapter. 

(2) The attenuator shall be recalibrated if the stability checks indicate a change of 2 percent opacity or greater. 

(3) Calibration attenuators that produce simulated opacities (as corrected to stack exit conditions) in the ranges listed 

in §C of this regulation shall be used. 

(4) Where the use of the specified audit filter values is not practical, alternate filter ranges may be used subject to the 

approval of the Department. 

C. Filter Ranges for Opacity Performance Audits. 

(1) The filter ranges for opacity performance audits are as provided in §C(2) of this regulation or, as applicable, as 

provided in Performance Specification 1 (PS1) in Appendix B of 40 CFR Part 60. 

(2) Audit Points and Filter Range are as follows: 

(a) 8—15% Opacity (low) 

(b) 20—30% Opacity (mid) 

(c) 40—50% Opacity (high) 
.11 Zero Alignment Audit. 

A. General Requirements. 

(1) A zero alignment audit conducted in accordance with Regulation .08B of this chapter shall compare the monitor 

responses to the simulated zero check and the actual clear path condition. Primary and alternate methods for 

performing the zero alignment audit are described in §A(2) and (3) of this regulation. 

(2) Primary Zero Alignment Method. 

(a) The primary zero alignment method shall be performed under clear path conditions. This is accomplished for the 

installed transmissometer where the process is not operating and the monitor pathlength is free of particulate matter 

or the monitor may be removed from its installation and set up under clear path conditions. 

(b) No adjustment to the monitor should be made other than the establishment of the proper monitor pathlength and 

correct optical alignment of the transmissometer components. For some monitors it may also be necessary to disable 

the zero compensation mechanism or to record the amount of correction applied to the simulated zero condition. 

(c) The monitor response to the clear path condition and to the simulated zero condition shall be recorded as percent 

opacity. 

(d) The response difference in percent opacity to the clear path and simulated zero conditions shall be recorded as 

the zero alignment error. The simulated zero device shall then be adjusted to provide the same response as a clear 

path condition. 

(e) The monitor shall then be restored to its operating mode at the facility. 

(3) Alternate Zero Alignment Method. 

(a) An external, removable zero-jig may be used to facilitate periodic checks of the simulated zero condition as an 

alternate zero alignment audit method if: 

(i) The zero-jig setting is established for the specific monitor by comparison of the monitor responses to the zero-jig 

and to clear path condition; and 

(ii) The zero-jig is capable of producing a consistent zero response when it is repeatedly installed on the monitor. 

(b) The zero-jig shall be protected when not in use to ensure that the setting equivalent to zero opacity does not 

change. 

(c) Source owners who use a zero-jig shall perform a primary zero alignment audit and check of the zero-jig setting 

at least once every 3 years. 

B. Criteria for a Successful Audit. 

(1) Performance Audit. Performance of the COM shall be considered acceptable if it meets the following criteria: 

(a) Stack Exit Correlation Error: < 2 percent opacity; 

(b) Fault Indicators: Inactive/no error messages present; 
(c) Zero and Upscale Responses: < 2 percent opacity; 

(d) Zero compensation: < 4 percent opacity; 

(e) Optical Alignment: misalignment error < 2 percent opacity; 

(f) Optical Surface Dust Accumulation: < 4 percent opacity; and 

(g) Calibration Error: < 3 percent opacity. 

(2) Zero Alignment. 

(a) Calculations for a zero alignment audit shall be in accordance with the EPA document incorporated by reference 

in Regulation .03B(2) of this chapter. 

(b) The zero alignment is acceptable if the error of the simulated zero check is less than 2 percent opacity before 

adjustment. 

(c) The simulated zero check should be adjusted to provide the correct response each time the zero alignment audit 

is performed. 

(3) Out-of-Control Periods. The beginning of the out-of-control period is the time corresponding to the completion 

of the performance audit indicating unacceptable performance. The end of the out-of-control period is the time 

corresponding to the completion of the subsequent successful audit. 

.12 Corrective Actions. 

A. Unacceptable Audit Results — Single Performance Audit. 

(1) If the COM is out-of-control, the owner or operator shall take necessary corrective action to eliminate the 

problem. 

(2) Following corrective action, the owner or operator, at a minimum, shall conduct a COM performance audit on 

the portion of the criteria that failed to indicate the COM is operating properly. 

(3) The COM operator shall include both the audit results showing the COM to be out of control and the results 

following corrective action showing the COM to be operating within specification in the quarterly report. 

B. Unacceptable Audit Results — Multiple Performance Audits. 

(1) If an audit conducted in accordance with Regulation .09 of this chapter identifies unacceptable performance (that 

is, out-of-control conditions) for two consecutive quarters, the source owner or operator shall revise the current 

written QC procedures or modify or replace the COM to correct the deficiency causing the unacceptable 

performance. 

(2) If the owner or operator chooses to revise the written QC procedures in accordance with §B(1) of this regulation 

and Regulation .06 of this chapter, the revised procedures shall be submitted to the Department for approval, along 

with a copy of the current approved procedures. 

C. Unacceptable Zero Alignment. 
(1) The performance of the monitoring system is unacceptable if the error of the simulated zero check before 

adjustment: 

(a) Exceeds 5 percent opacity for any zero alignment audit; or 

(b) Exceeds the 2 percent opacity acceptance criterion for three consecutive zero alignment audits. 

(2) If the performance of the monitoring system is unacceptable, the owner or operator shall: 

(a) Take corrective action to resolve the problem and improve the stability of the simulated zero check method or 

device; or 

(b) Replace the COM. 

(3) If corrective action is taken under §C(2)(a) of this regulation, the owner or operator shall conduct zero alignment 

audits at least twice each year during nonconsecutive calendar quarters. 

(4) If the results of the semi-annual zero alignment audits exceed the limits of §C(1) of this regulation, the owner or 

operator shall replace the COM.