FINAL ACTION ON REGULATIONS 1917 

# Title 138 

# MARYLAND HIGHE DUCATION COMMIS ION

Subti e 03 FIRE-RESCUE EDUC liON AND TRAINING COMMISSI N Certification Standar sand Procer Emergency Servi es Instructors

ducation Article, §§1l-105(u) a d 11·501

- 11-503, Annotated Code of Mary d

,2007.
JAMES E. LYONS, Sr. Se etary ofHigher Education



### STATE HIGHER DUCATION OR RELATIONS B RD

Notice ofFinalAction [07-070-FI her 27, 2007, the State Higher bor Relatio Board adopted amendments to: (1) R gulation .01 under COMAR 14.3 01 Definitions; 

### (2) Direc ; (3) Regulation .13 under COMAR 14.30.05 E ctions; (4 Regulations .01

- .04 under COMAR 1 .30.07 Unla Labor Practices; ) Regulation .01 under COMAR 14.30.09 ColI tive Bar aining; (6) Regulation .04 under COMAR 14.30.10 Imp sse P ocedures; and (7) Regulation .22 under COMAR 14.30.11 Hearin s. This action, which was proposed for adoption in 34: d. R. 710

- 713 (March 30, 2007), has been adopted s p posed. ective Date: October 22,2007.
ERICAL. NIPES Executiv Director State Higher Education Labor ReI ons Board



### STATE HIGHER E CATION RELATIONS BARD

ate: October22, 2007.
ERICAL. S Executive Dire r State Higher Education Labor Relations Boar



# Title 26 

# DEPARTMENT OF THE ENVIRONMENT

Subtitle 11 AIR QUALITY 

### 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications

Authority: EnvirorunentArticle, HI-IO!, 1·404, 2-101- 2·103,
2·301- 2-303, 10-102, and 10-103,

Annotated Code ofMaryland

Notice ofFinalAction [07-laS-FI On September 18, 2007, the Secretaryofthe Environment adopted amendments to Regulations .01

- .03, the repeal of existing Regulations .04 and .05, and new Regulations .04

- .09 under COMAR26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications.This action, whichwas proposed for adoption in 34:14 Md. R. 1311- 1322 (July 6, 2007), has been adopted with the nonsubstantive changes shown below.

Effective Date: October 22, 2007.
Attorney General's Certification In accordance with State Government Article, §10-113, Annotated Code ofMaryland, theAttorney General certifies that the following changes do not differ substantively from

MARYLAND REGISTER, VOL. 34, ISSUE 21 FRIDAY, OCTOBER 12, 20071918 FINAL ACTION ON REGULATIONS

the proposed text. The nature ofthe changes and the basis for this conclusion are as follows:

Regulation .0IB(25)(a) and .04D(1): These changes cor· rect typographical errors

.

. 01 Definitions.



### A (proposed text unchanged) B. Terms Defined.

(1) (24) (proposed text unchanged) (25) "Replacement unit" means an emissions unit that
meets all of thefollowing criteria: (a) No creditable [[emissions]] emission reductions [[is]] are generated by shutting down the existing emissions unit that is replaced; (b)

- (e) (proposed text unchanged) (26)

- (27) (proposed text unchanged)


### .04 CreatingEmissionReduction Credits (ERCs).

A-G. (proposed text unchanged) D. Location of ERGs. (1) Generally, ERGs are acceptable ifobtained from within the same area as the new or modified emissions unit. The Department may allow the owner or operator to obtain VOG or NO
x emission reductions [[in]] from other areas if: (a)

- (b) (proposed text unchanged) (2) (proposed text unchanged) E. (proposed text unchanged)
SHARI T. WILSON Secretary ofthe Environment



### Subtitle 11 AIR QUALITY


### .11.28 Clean AirInterstate Rule

uthority: EnvironmentArticle. §§1·101. 1·404.2·101

- 2·
2-301-2-303.10·102. and 10-103,

Annotated Code of Maryland

Attorney Gene In accordance with Sta overnment Article, §10·U3, Annotated Code ofMary nd, t Attorney General certifies that the following cha es do no differ substantively from the proposed text. T nature oft changes and the basis for this conclusion e as follows:

Regulation .05 ) and (2): These ties for distribut' n ofallowances

.



### .05 Distribut on of NO.., Allowances

### fr Pool. A - C. roposed text unchanged) D. Pri ityfor DistributingAllowancesfrom Pool. ( [[Generally. the Department will consider ·stribut· ing llowancesfrom the set asidepoolfor renewabl p" tjects and consumers ofelectric power]] Unless t De·
rtment determines that the set aside DOL contains a inSHARI. LSON Secretary ofthe Enviro

MARYLAND REGISTER, VOL. 34, ISSUE 21 FRIDAY, OCTOBER 12, 2007PROPOSED ACTION ON REGULATIONS 1311

f the Department in Cumberland and Salisbury; all loc 'r quality control offices; and local health departments t se counties not having separate air quality control 

### tfic

.

/Ii yone needing special accommodations at the p bUc hea g should contact the Department's Fair Practic s Office a (410) 537-3964. 

### 'M'Y users may contact the partment rough the Maryland Relay Service at 1-8 0-735- 2258. itions. unchanged) B. Ter Defined.

(1) - ) (textunchanged) 

### (6-1)« arine I)essel"means any tank ship r barge that transports I) atile organic compounds (VO ) 

### in bulk as cargo. (7)

- (12) text unchanged) (13) "Vapo control system" means piping, hoses, equipment, and evices that collect and p ocess gasoline 

### or VOC vapor, usin a vapor processing sys m. (14) (text unc anged) 

### .08 Control of C 

### Emissions 

### fr m Marine Vellel 

### Loading. A. 

### Applicability. (1) 

### In Allegany, aroline, 

### Do hester, Garrett, Kent, Queen Anne's, St. Ma 's, 

### Somers t, Talbot, Washington, Wicomico, or Worcheste counties, e 

### requirements in §B of this regulation apply to 

### t transji ofVOCsfrom a stationary storage tank into a rine v ssel ifthe total emissions from all marine I)essell 'ng 

### a thepremises during a calendaryearare equal to or

### e ee 50 

### tons. (2) 

### In Baltimore City or ne

### Arundel, Baltimore, CalI)ert, Carroll, Cecil, Charles, rederick, Harford, Howard, Montgomery, or Prince Gear counties, the requirements in §B ofthis regulation app t 

### the transferofVOCsfrom a stationary storage tank int a m 

### rine I)essel if the total emissionsfrom all marine I)es lloa 'ng at thepremises during

a 

### calendaryear are equa to or e 

### ed 25 

### tons. (3) 

### The reporting r uirement in §C 

### ofthis regulation apply to all transfers of ny amount VOCs, exceptfuel oils, from a stationary stor e 

### tank into a arine vessel.

B. General Require nts.

(1) 

### The transfer 

### f VOCa into a this regulation isp 

### hibited unless: (a) The mar e

### vessel 

### is equipped ith a vaporreturn line; and (b) The va or is 

### vented into an ai ollution control device that is 

### de onstrated to recover or d troy 

### at least 90 

### percent ofthe c 

### ptured vapor. (2) 

### The I) or control system shall be co 

### tructed, operated, and m ntained so that VOC vapur ie ks 

### are minimizeddurin the transfer ofVOCs into a mari e 

### vessel. (3) 

### VO s 

### may not be transferred into a rine vessel unless the vessel has been leak tested or pres ure tested within

# a past 2 

### years using the Coast Guard re irements
at 33 CF. §156.150.



### C. Re ord Keeping Requirements.

(1) 

### The owner or operator ofa 

### premises subjec to this regula ion shall record andmaintain thefollowing in onna- Uon: (a) The date alld time when each marine vessel om·
me ed andcompleted the loading ofVOCs,' (b) Identification ofthe product that was loaded i 

### to th marine vessel andthe total I)olume loaded; and (c) The date when each marine lJes.,el used was leak ested orpre$sure tested. 

### Subtitle 11 AIR QUALITY 26.11.17 [Requirements} Nonattainment ProvIsions for Major New Sources and Major Modifications

Authority; EnvironmentArticle, §§1-101, 1·404.2·101

- 2·103.
2·301- 2·303.10·102. and 10-10S,

Annotated Code ofMaryland

Notice ofProposedAction [07-163·Pl The Secretary of the Environment proposes to amend Regulations .01

- .03, repeal existing Regulations .04 and .05, and adopt new Regulations .04 -.09 under COMAK 26.11.17 Nonattainment Provisions for Major New Sources andMajor Modifications.

StatementofPurpose The purpose ofthis action is to establish requirements for the construction ofnew major sources and major modifications that are compatible with federal requirements. This action will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Maryland's State Implementation Plan (SIP). Background:

COMAR 26.11.17 establishes requirements for the construction of new major sources and major modifications at major sources that apply inozone nonattainment areas. Because Maryland is in the Ozone Transport Region, the non- attainment New Source Review (NSR) requirements apply Statewide. Generaiiy. the regulations require affected

sources to install state-or-the-artcontrols. to limit emissions
to the lowest achievable emission rate (LAER), and to offset emissions by a specific offset ratiodependingonthelocation ofthe source. In 2002, the EPA amended its New Source Review provisions and established different procedures to determine emission increases when modifying an existing facility. These regulations were challenged by environmental groups and states, including Maryland. The courts upheld
most ofthe EPA's new rule, but struck down certain provisions. States are required to establish regulations that are equivalent to the EPA's. The requirements for new sources remain unchanged. The Department's proposed amendments adopt all the federal definitions and include procedures that are nearly identical to the EPA procedures, except for the period used to calculate a source's emissions increase following a modification. Under the EPA's rule, the

source could use a 24-month period to calculate emissions within the past 10years, while MOE's regulations would allow the source to select the 24-month baseline period from the previous 5 years, absent a demonstration that another period was more representative ofnormal operations.

The amendments also include specific requirements for the creation, banking, and transfer of emissions reduction credits (ERCs).

MARYLAND REGISTER, VOL. 34, ISSUE 14 

### FRIDAY, JULY 6,20071312 PROPOSED ACnON ON REGULATIONS

Expected Emission Reductions.

The amendments apply to new or modified sources and
setforth the criteria for issuing permits to construct in nonattainment areas. The amendments do not affect existing unmodified sources andtherefore thereis no expected emission reduction from existing sources. There is an overall benefit to the environment, however, because New Source Review requires state-of-the-art pollution controls for new and modified sources subject to the rule.
SourcesAffected.

These amendments apply Statewide and affect new

sources in the Baltimore/Washington areas that will have emissions of25 tons per year or more ofVOC or NO" and

new sources in the rest of the state with emissions of 50
tons per year of VOC or 100 tons per year of NOx'**M~or** modifications will affect**m~or** sources that will have emission increases of40 tons per year or more. 

### Comparisonto 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 mannerin which it is more restrictive than the applicable federal standard: 40 CFR §51.165

Regulation .01B(3) defines the term "baseline actual emissions". This regulation establishes the procedures used to identify a historic emissions baseline from which emission increases are calculated. Whether or not emissions have increased is a major factor in determining whether or not this regulation applies to a proposed modification of an existing facility. If an emission increase is significant, this regulation would require use ofstate-of-the-artcontrols and costly offsets. The federal rule permits calculation of the baseline emissions using a 24-month period that occurred up to 10 years ago. It is the Department's position that the older baseline emissions would not necessarily be representative ofmore current emissions and we question the accuracy ofemissions that are based on data and records that

are up to 10 years old.

The Department's regulations allow a source to choose a baseline emissions period from emission records up to 5 years old. For affected facilities, the MuE behaves that a 5 year look back ofemissions would best represent normal or typical emissions and would be more accurate. The Department's selected 5-year period 

### is also consistent with the duration of the facility's operating permit and its 5-year reportingrequirement.

Allowing a facility to choose an emissions baseline from

an earlier period could mean that a facility would not be subject to New Source Review even though itproposes a significant modification and increase in emissions.

. (2) Benefit to the public health, safety or welfare, or the environment: The Department's use of a 5-year period from which to select a baseline emissions figure is beneficial
to the environment and to public health because a greater number ofmodifications will be subject to the restrictive requirements in this regulation. Although nearly all proposed increases of emissions would be subject to some existing regulation under COMAR, this regulation would require state-of-the-art controls and emissions offsets ofup to 130 percent ofthe new emissions. (3, Analysis of additional burden or cost on the regulated person: These amendments will not increase the cost ofcompliance. Recent changes to the federal NSR program made the federal rule less stringent. Maryland, however, is proposingchanges to itscurrent NSR program thatincorporate some but not all ofthe federal changes. This makes the Maryland regulations more stringent than the federal rule.

The amendments do not change the substantive portions ofthe regulations that require state-of-the-art controls and offsets based on Maryland's fully approved I-hour Ozone State Implementation Plan. As with the existing regulations, the cost ofcompliance varies depending upon the size ofthe source, control costs, and the cost ofoffsets. The number ofnew sources and modifications to existing sources in Maryland is not presently known.

. (4) Justification for the need for more restrictive standards: The Department, over the years, has regulated nearly aU existing emission sources that contribute to the pollutants that cause Maryland to fail to meet the federal health related ambient air quality standards for ozone. In order for Maryland to show progress in meeting the standards,we mustcontinue to require state-of-the-artpollution controls on new largefacilities and modifications ofexisting facilities.

Additionally, nitrogen oxides (NO.), which would be subject to pollution control measures under these regulations, is a precursor to the formation ofozone. Itis also a contributor to the State's nonattainment status for the federal fine particulates ambient standard. The EPA has already set 2010 attainment dates for Maryland to meet the ambient standards for both ozone and fine particulates.



### Estimate ofEconomic Impact The proposed action has no economic impact.



### Economic Impact on SmallBusinesses The proposed action has minimal or no economic impact

on small businesses.


### Impact on Individuals with Disabilities The proposed action has no impact on individuals with disabilities.


### Opportunityfor Public Comment The Department of the Environment will hold a public hearing on the proposed action on August 8, 2007 at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Fluor 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. Comments may also be faxed to Deborah Rabin at 410-537-4223 or submitted via e-mail to drabin@mde.state.md.us. Comments must be received not later than August 8, 2007 or be submitted at the hearing. For more information, call Deborah Rabin at (410) 537- 3240.

Copies ofthe proposed action and supporting documents

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

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

### TrY users may contact the Department through the Maryland Relay Service at 1-800-735- 2258.

MARYLAND REGISTER, VOL. 34,ISSUE 14 FRIDAY, JULY 6, 2007 1 )PROPOSED ACTION ON REGULATIONS 1313

.01 Definitions.

A. (text unchanged) B. Terms Defined.

(1) Actual Emissions.

(a) "Actual**emissions~** means:

(i) The actual rate ofemissions ofa regulatedNSR pollutant from an emissions unit as determined in accordance with this subsection; (ii) In general, as ofa particular date, the average rate in tons peryear at which the unit actually emitted the pollutant during a [2-year] consecutiue 24-month period, which precedes the particulardate and which is representative of normal source operation, although the Department may allow the use ofa different time period upon a determination that it is more representative of normal source operation; and (iii) (text unchanged) (h)

- (c) (text unchanged) (2) (text unchanged) (3) BaselineActualEmissions.

(a) "Baseline actual emissions" means the rate of emissions, in tons per year, ofa regulated NSR pollutant. (b) For an existing electric utility steam generating unit, "baseline actual emissions" is determined by the auer- age rate, in tonsperyear; at which the unitactually emitted the pollutant during any consecutive 24-month period se- lected by the owner oroperator within the 5 yearperiod immediately preceding the date on which a complete application was submitted. The Department may approve a differentperiod upon a demonstration that it is more representatiue of normal source operations. (c) For an existing emissions unit, other than an electric utility steam generating unit, "baseline actual emissions"is determined by the auerage rate, in tons peryear; at which the emissions unitactually emitted thepollutant duringanyconsecutive24-monthperiod selected by the owneror operator within the 5·yearperiod immediatelypreceding the date on which a complete application was submitted. The Department may allow 

### a different 24·month consecutiue timeperiod, within the last 10years, upon a demonstration that it is more representatiue ofnormal source operations. (d) For a new emissions unit, the baseline actual emissionsforpurposes of determining the emissions increase thatwill resultfrom the initialconstruction and operation of the unit shall equal zero, and, thereafter, for all otherpurposes, shallequal the unit'spotential to emit. (e) For a PAL (or a major stationary source, the baselineactual emissions shall becalculated,for existing electric utility steamgenerating units, in accordance with theprocedures contained in §B(3)(b) of this regulation,for otherexisting emissions units in accordance with the procedures con- tained in §B(3)(c) ofthis regulation, andfor a new emissions unit. in accordance with the procedures contained in §B(3)(d) of this regulation. (fJ In General.

(i) The auerage rate of emissions shall includefugitiue emissions to the extentquantifiable, and emissions asso- ciated with start-ups, shutdowns, and malfunctions. (ii) The auerage rate shall be adjusted downward
to exclude any noncompliant emissions that occurred while the source was operatingaboue any emissions limitation that

was legally enforceable during the consecutiue 24·monthperiod. Howeuer, if all emission limitation ispartof aproposed

or promulgated maximum achievable control technology standard under 40 CFR Part 63, the baseline actual emis· sions need only be adjusted if creditfor the emissions reductions was taken in an attainment demonstration or mainte·

nanceplan. (iii) When a project involues multiple emissions units or different regulated NSR pollutants, only one consecutiue 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed.(iu) The auerage rate may not be based on any consecutiue 24-month periodfor which there is inadequate information for determining annual emissions and adjusting the amount ifrequired. (4) (text unchanged) (3)] (5) BestAvailable Control Technology.

(a) "Best availahle control technology" means an emissions limitation, including a visible (emission] emissions standard, based on the maximum degree ofreduction for each regulatedNSR pollutant [subject to regulation underthe CleanAirAct] which would be emittedfrom anyproposed major stationary source or major modification which the Department, on a case-by-case hasis, taking into ac- count energy, environmental, and economic impacts and other costs, determines is achievable for that source or modification through application ofproduction processes or availahle methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel comhination techniques for control ofthe pollutant. (h)

- (c) (text unchanged) [(5)] (6) Building, Structure, Facility, or Installation.

(a) "Building, structure, facility, or installation" means[: (i) All] all ofthe pollutant-emitting activities that helong to the same industrial group that are located on one
or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control(; or (ii) Activities on the outer continental shelfto the
extentrequired hy and consistent with the terms defined in §328 ofthe 1990 Clean AirAct]. (b) (text unchanged) [(6)] (7) (text unchanged) [(7)] (8) "Colll!truction" means any physicai change or change in the method of operation, including fahrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in [actual] emissions. (9) "Electric utility steam generating unit" means any steam electric generating unit that is constructedfor thepurpose ofsupplying more than 

### I/:J ofits potential electric outputcapacity and more than 25 megawatts electric output to any utility power distribution system for sale. Any steam sltpplied to a steam distribution system for the purpose of prouiding steam to a steam electric generator that would produce electrical energyfor sale is also considered in determining the electrical energy output capacity ofthe atfected facility. (10)**Emi8.~ions** Reduction Credit (ERC).

(a) "Emissions reduction credit (ERC)" means a permanent, enforceable, quantifUlble reduction in actual emis·**sion.~,** occurring on or after January 1, 2003. which is sur· plus to all applicable State and federally enforceable requirements to be used to offset**emi.~sion** increases. (b) "Emissions reduction credit (ERC),' does not con- stitute a security or otherform of property.

MARYLAND REGISTER, VOL. 34, ISSUE 14 

### FRIDAY, JULY 6, 20071314 PROPOSED ACTION ON REGULATIONS

[(8)] (11) "Emissions unit" means any partofa stationary source which emits, or would have the potential to emit, [YOC, NO", or carbon monoxide] a regulated NSR pollutant. (12) "Existing emissions unit"means an emissions unit that does not meet the requirement in §B(20) ofthis regulation.[(9)] (13) "Federally enforceable" means all limitations and conditions which are enforceable by the U.S. Environmental Protection Agency (EPA), including those requirements developed pursuant to 40 CFR 60 and 61, requirements within the SIP, any permit requirements established pursuant to 40 CFR §52.21 or under regulations approved pursuant to 40 CFR Part 51, SubpartI, includingoperating permits issued under a program that is approved by EPA [under Title V ofthe Clean Air Act] or that is incorporated into the Maryland SIP and expressly requires adherence to any permit issued underthe program. [(10)] (14) (text unchanged) 

### [(11)] (15) Lowest Achievable Emission Rate.

(a) "Lowest achievable emission rate"means, for any [source] emissions unit, the more stringent rate of emissions based on the following: (i) The most stringent emissions limitation which is contained in the implementation plan ofany state for [a] the class or category ofstationary source, unless the owner
or operator ofthe proposed stationary source demonstrates that these limitations are not achievable; or (ii) The most stringent emissions limitation which is achieved in practice by [a] the class or category ofstationary sources, with this limitation, when applied to a modification, meaningthe lowest achievable emissionsrate for the

new or modified emissions units within the stationary

source. (b) The application ofthis definition does not permit

a proposed new or modified [stationary source] emissions unit to emitanypollutantinexcess ofthe amount allowable under 40 CFR 60. [(12)] (16) Major Modification.

(a) "Major modification" means any physical change in, or change in the method ofoperation of, a major stationary source that would result in a signi{i.CUill emissions 

### in.-

crease and a significant net emissions increase of [YOC,**NO~,** or carbon monoxide] any regulated NSR pollutant. (b) Any significant emissions increasefrom any emissions unit or net emissions increase at a major stationary

source that is considered significant for volatile organic compounds or NO" is considered significant for ozone. (c) Aphysical change in or a change in the method of operation does not include: (i)

- (vi) (text unchanged) (vii) Any change in ownership [of a stationary source). (d) This definition does not apply with respect to a particular regulatedNSRpollutant when the majorstationary source is complying with the requirements for a PAL. [(13)] (17) Major StationarySource.

(a) "Major stationary source" means any stationary

source of air pollution which emits or has the potential to emit 100 tons or more ofany regulated NSRpollutant, except that lower emissions thresholds apply asfollows: (j)

- (iil (text unchanged) 

### [mil 100 tons or more per year ofNO. for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; or (iv) 100 tons or more per year ofcarbon monoxide for sources located in the areas designated as nonattainment for carbon monoxide in 40 CFR §81.321, 1991 edition,

as amended on page 56733 ofthe Federal Register, Vol. 56, No. 215, dated November 6, 1991.) (iii) 50 tons or moreperyear of carbon monoxide in
any serious nonattainment areafor carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels in the area; and (iv) 70 tons or moreperyear of 

### PMlO in any serious nonattainmentareafor 

### PM10' (b) "Major etationary**source~** also means any physical change thatwouldoccur at a stationary source notqualifying under [§B(13)(a)] §B(17)(a) ofthis regulation as a majorstationary source, ifthechange would constitute a major stationary source by itself. (c) (text unchanged) (d) In determining if a source is a major stationary

source [orifa modification is a major modification], fugitive emissions shall beincluded if the source belongs to one ofthe categories of stationary sources listed in 40 CFR §51.165(a)(1)(iv)(C) 

### [to the extent quantifiable, as determined by the Department, for sources located in: (i) Baltimore City or Anne Arundel. Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; and (ii) In the rest ofthe State, consistent with the re- quirements in 40 CFR 51, Appendix

## 51. [(14)] (18) (text unchanged) [(5)] (19) Net Emissions Increase.

(a) "Net emissions increase"means, with respect to a regulated NSR pollutant emitted by a major stationary
source, the amount by which the sum of the following ex- ceeds zero: (i) Any increase in [actual] emissions [ofa particular pollutant] from a particular physical change or change in the method ofoperation at a stationary source; and (ii) Any other increases and decreases in actual emissions of the particular pollutant [at the source since January 1, 1991,] that are contemporaneous with the particular change and are otherwise creditable. (b) Baseline actual emissions for calculating in-

creases and decreases under this definition shall be determined as provided in §B(3) ofthis regulation, except that §B(3)(c) does not apply. [(b)] (c) [In determining whether an increase or de-

crease in actual emissions of a particular pollutant is contemporaneous with theincrease from the particularchange, the full 5-year period preceding the date on which a com- plete permit application for thechange is submitted shall be used. This 5-year period is not to precede January 1, 1991.] An increase or decrease in actual emissions of

### a particular pollutant is contemporaneous with the increasefrom theparticularchange if 

### itoccurs within the 5-yearperiodpreceding the date on which a complete permit application for the change is submitted and before the date that the increase from theparticularchange occurs.

. [(c)] (d) An increase or decrease in actual emissions is creditable only ifthe Department has not relied on it in issuing a permit for the source and the permit is in effect when the [change] increase in actual emissions from the particular change occurs. 

# I (d)] (e) (text unchanged) (e

### 1] (fJ A decrease in actual emissions is creditable only to the extent that: (j) (text unchanged)

MARYLAND REGISTER, VOL 34, ISSUE 14 FRIDAY, JULY 6. 2007 

# IPROPOSED ACTION ON REGULATIONS 1315

(ii) The decrease is [federally] enforceable in a practicable manner at and after the time that the actual construction on the particular change begins; (iii) The Department has not previously relied on the decrease inissuing any permit [pursuant to] under this chapter or in demonstrating attainment or reasonable further progress in the SIP and itis not required by any other State [or federal] requirement; and (iv) (textunchanged) [Cfl1 (g) An increase that results from a physical change [at a source1 occurs when the emissions unit on which construction occurred becomes operational and begins to emit 

### a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. (20) "New emissions unit" means an emission's unit which is or will be newly constructed and which has existed for less than 2 yearsfrom the date the emissions unitfirst operated. [(16)] (2lJ (text unchanged) (22) "Project"meansa physical change in, or change in the method ofoperation of, an existing major stationary

source. (23) ProjectedActual Emissions.

(a) "Projected actual emissions"means the maximum annual rate, in tonsperyear, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any

one of the 5yearsfollowing the date the unit resumes regular operation after the project, or in anyone ofthe 10yearsfollowing that date, if: (i) The project involves increasing the emissions unit's design capacity or its potential to emit the regulated NSRpollutant; and (ii) Full utilizationof the unitwould result ina signi{u:ant emissions increase or Iisignificant net emissions in-

crease at the major stationary source. (b) In determining theprojected actual emissions before beginning actual construction, the owner or operator of the major stationary source shall: (i) Consider all relevant information including historical operational data, the company's own representations, the company's expected business actiuity, the company's highestprojections of business activity, the company'sfilings with the State or EPA, and compliance plans under the approvedplan; (ii) Includefugitive emissions to the extent quanti- (r.able and emissions associated with start-ups, shutdowns, and malfunctions; and (iii) Exclude, in calculating any increase in emissions that resultsfrom theparticularproject, thatportion of the emissions unit's emissionsfollowing the project that an existing unit could have accommodated during the consecu- tive 24-month period used to establish the baseline actual emissiOlls and that are also unrelated to the particular project, including any increased utilization due to product demandgrowth. (c) In lieu ofusing the method set out in §B(2.1)(b) of this definition, aperson may elect to use the emissions unit's potential to emit, in tonsperyear. (24) "Regulated NSR pollutant" means any pollutant for which a national ambient airquality standard has been promulgated and anypollutant that is a constituent orpre-

cursor ofthe pollutantfor which there is an ambient air quality standard, provided that the constituent orprecursor may only be regulated under this chapter as part ofregulation ofthe pollutant. (25) "Replacement unit" means an emissions unit that
meets all ofthefollowing criteria: (a) No creditable emissions reductions is generated by shutting down the existing emissions unit that is replaced; (b) The emissions unit is a reconstructed unit within the meaning of40 CFR §60.15(b)(I) or the emissions unit completely takes theplace of an existing emissions unit; (c) The emissions unit is identical to orfunctionally equivalent to the replaced emissions unit; (d) The replaced unit does not alter the basic design parameters of the existing emissions unit; and (e) The replaced emissions unit is permanently removedfrom the majorstationary source or otherwisepermanently disabled or barredfrom operation by a permit that is enforceable as apracticable matter. [(17)] (26) "Significant" meaQl!, in reference to a net emissions increase, a significant emissions increase or the potential of a source to emit [any of the pollutants listed below1 a regulated NSR pollutant, or a rate of emissions thatwould equal or exceed anyofthe following rates: (a) For VOC orNO,,; [pOLLUTANT EMISSION RATE VOC or NO" 25 ton/yr

VOCorNO" 40 ton/yr

CO 100 tonlyr LOCATION OF SOURCE

Baltimore City orAnne Arundel, Baltimore. Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery,

or Prince George's counties Allegany, Caroline, Dorchester, Garrett, Kent, QueenAnne's, St. Mary's, Somerset. Talbot, Washington, Wicomico, or Worcester counties In carbon monoxide nonattainment areas as specified in Regulation .01B(13) of this chapter.] (i) 25 tons/ year inBaltimore City orAnneArundel, Baltimore, Calvert, Carroll, Cecil, Chrzries, Frederick, Harford, Howard, Montgomery, or Prince George's counties; or (iO 40 tons/year inAllegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, and Worcester counties. (b) Forall other regulatedNSRpollutants:

(i) Carbon monoxide

- 100 tonsperyear; (ii) Sulfurdioxide

- 40 tonsperyear; (iii) Lead

- 0.6 tOilSperyear; and (iv) PM10

- 15 tonsperyear. [( 18)] (27) "Stationary source" means any building, structure, facility, or installation which emits or may emit any [air] regulated NSR pollutant subject to this chapter.
.02Applicability.

A. This chapter applies Statewide to:

[( 1) Major stationary sources of VOC and major stationary sources ofNO,,; and (2) Major modifications at major stationary sources of VOC or NO".] (1) New major stationary sources and major modifications that are majorfor VOC orNO",; (2) Anynew majorstationary source or majormodification at a major stationary source that is majorfor a pollutantfor which the area is designated nonattainment under §107(d)(1)(A)W of the Clean AirAct (42 U.S.c. §7407); and

MARYLAND REGISTER, VOL. 34, ISSUE 14 FRIDAY, JULY 6, 

### 20011316 PROPOSED ACTION ON REGULATIONS

(3) 

### Major stationary sources and major modiru:ations that are majorfor VOC or NO" located in the Ozone 7ransportRegion. B. [This chapter applies 

### to major stationary sources of carbon monoxide and to major modifications at major stationary sources of carbon monoxide that are located in the carbon monoxide nonattainment area referenced in Regulation .0IB(13) of this chapter.]

### A person may applyfor and obtain a permit to construct a new major stationary source

or a major modification at an existing major stationary

source inanarea designatedas nonattainmentfor aparticularpollutant ot; as applicable, within the Ozone 7ransport Region. if all of theprovisions in this chapterare met. C. (text unchanged) D. Major 

### stationary sources [ofVOC or NOx] that are located in ozone or NO" attainment areas may alsobe subject 

### to the Prevention ofSignificant Deterioration requirements inCOMAR 26.11.06.14.

E. (text unchanged) [F. The requirements of COMAR 26.11.06.11, regarding

new sources impacting in nonattainment areas, as that regulation existed on November 14, 1992, apply to any
source for which the Department received an application by November 15, 1992, which the Department determined is complete for aU necessary permits to construct and approvals required by this subtitle and for which the applicant, as determined by the Department, diligently pursued those permits and approvals afl;er November 15, 1992.]



### F. MajorModification.

(1) 

### A project is a major modification for a regulated NSR pollutant ifit causes a significant emissions increase anda significant netemissions increase. Theproject is not a major modification ifit does not cause a significant emissions increase. Ifthe project causes a significant emissions increase, then the project is a major modification only ifit also results in a significant net emissions increase. (2) 

### Applicability Tests.

(a) Actual-to-Projected-Actual Applicability Test for Projects That Involve Only Existing Emissions Units. A significant emissions increase ofa regulatedNSRpollutant is



### . projected to occur ifthe sum ofthe difference between the

projected actual emissions and the 

### baseline ucilHJ.1 emis

### sions, for each existing emissions unit, equals or exceeds the signifu:ant amountfor thatpollutant.

Pollutant


### S02 PMIO 

### NO

### z 

### CO Annual 1.0pglm 3 

### 1.01t.glm 3 

### 1.0pglm·1 24 

### 5.0pglm3 

### 5.0pglm3

(3) 

### Aproposed major source or majormodiru:ation subject to §I(2) ofthis regulation may reduce the impact ofits emissions upon air quality by obtaining sufficient emission reductions to, ata minimum, compensatefor its adverse ambient impact where the major source or major modifu:ation would otherwise cause or contribute to a violation ofany NAAQS.
.03 General Conditions.

A. A person who proposes to construct or modify an [installation or source]**emis.~ions** 

### unit subject to this chapter may not commence construction of the [installation or 

### (b) Actual-to-Potential Test for Projects That Involve Only Construction of a New Emissions Unit or Units. A significant emissions increase of a regulated NSRpollutant is projected to occur if the sumof the difference between thepotential to emit from each new emissions unit following completion of theprojectandthe baselineactual emissions of these units before the project, equals or exceeds the significant amountfor thatpollutant. (c) Hybrid Test for Projects That Involve MUltiple TYpes of Emissions Units. A significantemissions increase of

a regulatedNSRpollutant isprojected to occur if the sum of the emissions increases for each emissions unit, using the methodspecified in §F(2)(a) and (b) 

### of this regulation, as

### applicable, with respect to each emissions unit,for each type of emissions unit, equals or exceeds the significant amountfor thatpollutant.



### G. At the time when a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was establishedafterAugust 7, 

### 1980,

on the capacity ofthe source or modification otherwise to emitapollutant, such asa restriction on hours of operation, then the requirements ofthis chapter apply to the source or modification as though construction hadnotyet commenced

on the spurce or modification.

H. Any major stationary source with a PAL for a regulated NSRpollutant shall comply with the requirements of Regulations.07

- .09of this chapter. 1. Preconstruction Permit Program In Attainment Areas.

(1) 

### The preconstruction permit program requirements also apply to anyproposed major stationary source and to any major modiru:ation to the source in an area designated

as attainment or unclassifiable for any National Ambient Air Quality Standard (NAAQS) pursuant to §107 ofthe Clean AirAct (42 

### U.S.C. 7407) when it 

### would cause orcon- tribute to a uiolation of a NAAQS. (2) 

### A major source or major modification is considered
to cause or contribute to a violation ofa NAAQS when the

source or modiru:ation would, at a minimum, exceed thefollowing signiru:ance levels at any locality that does not or would not meet the applicable national standard:

Averaging Time (hours) 

### 8 3 1
25

### p,glm3

source] 

### emissions unit without first obtaining all permits and approvals required under this subtitle.

B. The Department shall deny a permit or approval to a person who proposes to construct a new major stationary

source or major modification to a major stationary source unless the following conditions are met: (1) (text unchanged) (2) The proposed new major stationary source or major modification will meet an emission limitation which specifies the lowest achievable emissions rate [for the source];

MARYLAND REGISTER, VOL. 34, ISSUE 14 FRIDAY, JULY 6, 2007PROPOSED ACTION ON REGULATIONS 1317

(3) [The applicant has met the reasonable**fu~ther** progress requirements in §173(a)(1)(A) ofthe CleanAir Act by obtaining emission reductions (offsets) ofthe same pollutant from existing sources in the area of the proposed
source, whether or not under the same ownership, in accordance with the following ratios, at a minimum:] More than equivalent emission offsetsfrom existing sources in the area impacted by the proposed new major stationary source or major modification (whether or not under the same ownership) are required so that there will be reasonable further
progress toward attainment ofthe**applica~le** standard:for

sources locating in the Ozone TransportRe/pon, the offset ratios for VOC and NO shall equal or exceed the following: (a) 1.3 to 1 for""sources ofVOC or NO
x in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick. Harford, Howard, Montgomery. or Prince George's counties[,]; and (b) 1.15 to 1 for sources ofVOC or NO
x in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, or Worcester counties[, and (c) 1.1 to 1 for sources of CO in CO nonattainment

areas specified in Regulation .OIB(17) ofthis chapter]; (4) The emission offsets will provide a positive net air quality benefit in the affected area, although for sources of VOC orNO atmospheric simulation modelingis not necessary for VoC and NO" and fulfillment of.§B(3) 0n:his regulation is considered adequate to meet th18 condition; [and] (5) The emission offsets for the major source or major modification shall be federally enforceable before [the permit to construct or approval is issued.] construction is com- menced; (6) An analysis of alternative sites, sizes, production processes, and environmental control techniques for a proposed source demonstrates that benefits of the proposed

source significantly outweigh the environmental and social
costs imposed as a result of its location, construction, or modification[.] ; and (7) The total tonnage of increased emissions, in tonsper year, resultingfrom a major modification that is to**b~** offset is the sum ofthe difference between the allowable emlssums after the modification and the actual emissions before the modificationfor each emissions unit.

C. [The requirements of §B(2) of this regulation (LAER

. requirements) apply to the installation that causes emissions to exceed the level that triggers the requirements of thischapter.) For phased construction projects, the determination of the lowest achievable emission rate shall be reviewed and modified, as appropriate, at the latest reasonable time which occurs not later than 18 months before
commencement of construction ofeach independent phase ofthe project. At thattime, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy of any previous determination of the lowest achievable emission rate for the source.

D. [Notwithstanding any of the provisions of this chapter, the requirements of the Clean Air Act, §182(c){7) and (8) as amended in 1990, apply in Baltimore City and the

### co~nties ofAnneArundel, Baltimore, Calvert, Carroll, Cecil, Charles. Frederick, Harford, Howard, Montgomery, and Prince George's.) Approual to constru.ct does not relieve an

owner or operator ofthe re.,ponsibility to complyfully with
any other requirement under local, State, or federal law.

E. Ifan existing emissions unit at a major stationary

source is modified and causes an increase in emissions that may be significant and the modification is notpartofa major modification at the source:

. (J) A permit is required in accordance wlth COMAR 26.11.02 and the Department will establish permit conditions thatprevent the emissionsfrom becoming significant; and

. (2) The source is also subject to the annual reportmg requirements in COMAR 26.11.01.05-1 that require a report of emissionsfor each emissions unitfor each**ye~lI:** . .

F. Ifthe emissionsfrom the modified emlsslons umt become significant, theprovisions in this chapter apply retroactive to the date the modification occurred.


### .04 CreatingEmissionReduction Credits**(~RC~):**

A. An emissions unit that emitsNO" or VOC IS eltg£ble to create anERC if: (1) The unit was in operation any time during calelldar
year 2002 or later, and emissions from the unit were**~n** cluded in the current inventoryfor the State Implementation Planfor thepollutant; (2) The Department did not rely on the emission reduction in issuing a permit under an approved regulation; and (3) The Department has not relied on the emission reduction in demonstrating attainment or reasonablefurther
progress.

B. An ERC may be created by:

(1) Controlling emissions below the emission levels re· quired by applicable State andfederal requirements and the State Implementation Plan through a federally enforceable permit limit;

. .. (2) Curtailing operations and reducmg em/SSlOns through afederally enforceablepermit condition; or (3) Permanently discontinuing the operation ofone or

more emissions units at a source.

C. Quantification and use of ERCs. (1) ERCs shall be based on a reduction ofthe source's actual emissions as that term is defined inReg141ation .01 of this chapter. (2) The Department shall credit an emissions unit.**w~th** emission reductions achieved by shutting down an eXlstmg emissions unitorpermanently curtailingproduction oroperating hours ifthe reductions are permanent, quantifiable. andfederally enforceable. In addition, the shutdown or curtailment is creditable ollly ifit occurred on or afterJanuary 1, 2003, and ifthe reduction is not necessary to meet any other State orfederal requirement. (3) Creditable emission reductions that qualifyasERCs
may be used to satisfy the requirement to provide offsets under this chapter and shall total at least 5 tons per year of VOC orNO". (4) Ifa new regulation is adopted that applies to an emissions unit thatcreatedERCs, the ERCs shallbe reduced by an amount equal to the reduction that would have been required before the ERCs were created. (5) Emission reduction credits shall be enforceable by the Department and the EPA and shall be obtained by the date the new emissions unit commences construction. (6) The reduction ofemissionsfrom an emissions unit thatprovides emission reduction credits shall occur before the date when the new or modified emissions unit becomes operational.

D. Location of ERCs. (J) Generally, ERCs are acceptable ifobtainedfrom within the same area as the new or modified emissions unit. The Department may allow the owner or operator to obtain VOC orNO. emission reductions in otherareas if:

MARYLAND REGISTER, VOL. 34,ISSUE 14 FRIDAY, JULY 6,20071318 PROPOSED ACTION ON REGULATIONS

(a) The other area has an equal or higher nonattainmentclassification than the area in which the emissions unit is located; and (b) Emissions ofthe particular poilutant from the other area have been demonstrated to contribute to a violation ofthe National Ambient Air Quality Standard in the

area in which the new emissions unit is located. (2) The Department shall givepreference to ERCsfrom emissions units located as close to the proposed emissions unit site aspossible.

E. Exclusions andLimitations.

(1) ERCs shall expire asfollows:

(a) For emissions units discontinuing operation before January 1, 2002, the ERCs expire January 1, 2012; and (b) For emissions units discontinuing operation on or after January 1,2002, the ERCs expire January 1, 2012, or 10years after the discontinued operation, whichever is later. (2) The expiration dates in §E(1) ofthis regulation do
not apply ifthe ERCs are committed to a new or modified emissions unit through apermit to construct that has an en- forceable contract to transfer the ERCs to the owneroroperator of a new or modifiedemissions unit. (3) An ERC may not be used to meet BACT, LAER, NSPS, RAeT, allowance basedprograms, orany other emis· sion limitation under the Clean AirAct. 

### .051n(ormGtion on Emission Reductions and 

### Certifi· cation. A A person who creates an emission reductionfor use as

an ERC shall submit the following information to the 

### De· partment: (1) A description ofthe equipment or process that re- sulted in a reduction in actual emissions, including any air pollution control devices serving that equipment orprocess; (2) The actual emissions occurring when the equipment

or process operated in compliance with all applicable requirements during the selected24·monthperiod; (3) Identification ofall regulations or other requirements that apply to the equipment orprocess and a demonstration of compliance with those requirements; (4) Identification ofthe method used to reduce actual emissions and calc!Llations showing the emission reductions achieved; and (5) The date or dates on which the reduction in emissions occurred.

B. ERCs may not be used until they are certified. C. ERCs shall be certifiedasfollows:

(1) Information on emission reductions submitted by theperson who owns oroperates the emissions units creating the ERCs shall be verified by the Department based on re- view ofinformation in the Department'sfiles including the sOltrce's emission certification reports, stack tests, inspection reports, and other information relating to emissions and compliance with applicable requirements; (2) A site inspection may be made to verify the shut· down or othermethod used to create the ERCs. 

### .06TransferringEmiBBion Reduction Credits.

A. An ERC may be transferred to the control ofanother
person after it is certifiedand becomeslederally enforceable.

B. Aperson may not use an ERC in a manner that causes

a uiolation of any applicablefederal or State emission standard or reqUtrement.

C. ERCs may not be transferred to a thirdparty or used for any other purpose except as offsets through a federally enforceablepermit to construct. 

### D. A source located in Maryland may use an ERCcreated by a source located inanother State if: (1) The emission reduction is certified by the state in which it is created; (2) The conditions of the transfer are enforceable by the other state and the EPA; and (3) Allof the requirements in this chapterare met. 

### .01 Plantwide Applicability Limit (PAL)

- GeneraL

A. Applicability.

(1) The Department may approve the use ofa PALfor
any existing major stationary source ifthe requirements in this regulation are met. (2) Anyphysical change orchange in the method ofoperation of a major stationary source that maintains its total source-wide emissions below the PAL level meets the requirements ofthis chapter and complies with the PAL permit if: (a) It is not a major modificationfor the PALpollut· ant; (b) It does not have to be approved through Regulations .01- .03 of this chapter; and (c) It is not subject to Regulation .02Gof this chapter. (3) Except asprovided under §A(2) ofthis regulation, a majorstationary source shallcontinue to comply with allap· plicable federal and State requirements, emission !imita· tions, and workpractice requirements that were established before the effective date ofthe PAL.

B. Definitions. In this regulation, the following terms have the meanings indicated: (1) «Actual PAL"means,for a majorstationary source, a PAL based on the baseline actual emissions of all emissions units atthe source thatemitor have thepotential to emit the PALpollutant, (2) "Allowable emissions" has the meaning stated in Regulation .01B(2) of this chapter, except that this definition is modifiedasfollows: (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practicable matteron an emissions unit'spotential to emit; (b) An emissions unit'spotential to emit shall be de· termined using the definition in Regulation .01B(21) ofthis chapter, except that the words "or eniorceabie as a practi· cable matter" shall be added after "federally enforceable", (3) "Continuous emissions monitoring system (CEMs)"

means all of the equipment that may be required to meet the data acquisition and available requirements ofthis regula· tion, to sample, condition (ifapplicable), analyze, andpro· vide a record of emissions on a continuous basis. (4) "Continuous emissions rate monitoring system (CERMS)"means the total equipment requiredfor determin. ing and recording the pollutant mass emissions rate (in
terms of massper unit of time). (5) "Continuousparameter monitoring system (CPMS)"

meansallofthe equipment necessary to meet the data acquisition and availability requirements ofthis regulation to monitorprocess and control device operational parameters (for example, control device secondary uoltages and electric currents) and other information (for example, gasflow rate, oxygen orcarbon dioxide concentrations), andto record aver· age operational parameter values on a continuous basis. (6) "Major emissions unit" means an emissions unit that emits or has thepotential to emit: (a) 100 tons peryear or more of the PALpollutant in

an attainment area,' or

MARYLAND REGISTER, VOL 34, ISSUE 14 FRIDAY, JULY 6, 2007PROPOSED ACTION ON REGULATIONS 1319

(b) The PAL pollutant in an amount that is equal to

or greater than the major source thresholdfor the PALpollutant. (7) "PAL effectiue date"means the date ofissuance ofa PALpermit or a revised PALpermit, except that the PAL effectiue date for an increased PAL is the date an emissions unit which is part ofthe PAL major modifICation becomes operational and begins to emit the PALpollutant. (8) "PAL effectiue period" means the period beginning with the PAL effectiue date and ending 5 years later. (9) "PAL major modification" means any physical change in or changes in the method ofoperation ofthe PAL

source that causes it to emit the PAL pollutant at a leuel equal to orgreater than the PAL. (10) "PAL permit" means the permit issued by the Department that establishes a PAL for a major stationary

source. (11) "PAL pollutant"means thepollutantfor which the PAL is established. (12) "Plantwide applicability limit (PAL)" means an emissions limitation, expressed in tonsperyear,for apollutant at a major stationary source, that is enforceable as a practicable matterand established source-wide according to Regulation .08Bofthis chapter. (13) "Predictiue emissions monitoring system (PEMS)"

means all of the equipmentnecessary to monitorprocess and control deuice operational parameters (for example, control deuice secondary uoltages and electric currents) andother information (for example, gasflow rate, oxygen orcarbon dioxide concentrations), andcalculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis. (14) "Significant emissions unit" means an emissions unit that emits or has thepotential to emit a PALpollutant in an amount that is equal to orgreater than the significant leuel for the PAL pollutant, but less than the amount that would qualify the unit as a majoremissions unit. (15) "Small emissions unit" means an emissions unit that emits or has the.potential to emit the PALpollutant in

anamount less than the significant leuelfor thatPALpollutant, as defined in Regulation .0IB(26) ofthis chapter or in the CleanAirAct, whicheuer is lower.


### .08 Plantwide Applicability Limit (PAL)

- Permits.

A. PermitApplication. (1) The owner or operator ofa major stationary source may applyfor a PALpermit by submitting an application to the Department that includes: (a) A list ofall emissions units at the source designated as small, major, orsignificant based on theirpotential
to emit; (b) Applicable State andfederal requirements for each emissions unit; (c) The baseline actual emissionsfor each emissions unit with supporting calculations and documentation including emissions associated with startup, shutdown, and malfunctions; and (d) The method to be used to monitor each emissions unit. (2) The source shall include in the application calculations andprocedures that are to be used to conuert emissions data to monthly emissions to enable calculation of12-month rolling auerages.



### B. PAL Leuel.

(1) The PAL leuelfor a major stationary source shall be establishedas the sum of the baseline actual emissiolls of the PALpollutant l'or each emissions unit at the sourceplus an amount equal to the applicable significant levelfor the PAL pollutant underRegulation .01Bof this chapteror under the Clean AirAct, whicheuer is lower. (2) When establishing the actual PAL leuels for a PAL pollutant, only one consecutiue 24-month period shall be used to determine the baseline actual emissionsfor all existing emissions units. Howeuer, a different consecutiue 24· monthperiod may be usedfor each. different PALpollutant. (3) Emissions associated with units that were permanently shutdown after the 24-month period shall be subtractedfrom the PAL leuel. Emissionsfrom units on which actual construction began after the 24-monthperiod shall be added to the PAL leuel in anamountequal to thepotential to emit ofthe units. (4) The Department shall specify a reduced PAL leuel, in tonsperyear, in the PALpermit to become effectiue on the future compliance date ofany applicable federal or state regulatory requirement that the Department is aware ofbefore issuance of the PALpermit. C. Issuance of a PAL Permit. (1) Ifthe Department approues anapplicationfora PAL permit, the PAL permit shall be issuedfor a period not to exceed 5 yearsfrom the PAL effectiue date. (2) The PALpermit shall include:

(a) The PALpollutant and the applicable source-wide emissions limitation in tonsperyear; (b) The effectiue date and expiration date ofthe PAL; (e) Specification that ifa major stationary source

owneroroperator applies to renew a PAL inaccordance with §G ofthis regulation before the end ofthe PAL effectiue period, then the PAL does notexpire at the endofthe PAL effectiueperiodbutremains in effect untila reuisedPALpermit is issued by theDepartment; (d) A requirement that emissions calculations for compliance purposes include emissionsfrom startup, shutdowns, and malfunctions; (e) A requirement that, once the PAL expires, the ma- jor stationary source is subject to the requirements of§E of this regulation; (I) The calculationprocedures that the major stationary source owner or operator shall use to conuert the monitoring system data to monthly emissions and annual emissions basedon a 12-month rolling totalfor each month; (g) A requirement that the major stationary source

owner or operator monitor all emissions units and retain records, in accordance with the provisions ofRegulation .09A ofthis chapter, which may be retained in an electronic format; (h) A requirement to submit the reports required under Regulation .09A ofthis chapter by the required deadlines; and (i) Any other requirement that the Department deter· mines is necessary to implement and enforce the PAL.

D. General Requirements.

(1) The PAL shall impose an annual emission limitation in tonsperyearthat is enforceable as apractical matter, for the entire majorstationary source. (2) The PAL shall include emissions ofonly one pollutant. including quantifiablefugitiue emissions ofthatpollutantfrom all emissions units. (:j) Foreach month during the PAL effectiueperiod after thefirst 12 monthsof establishing a PAL, the major stationary source owner or operator shall show that the sum ofthe monthly emissionsfrom each emissions unit under the PAL for theprevious 12 consecutiue months is less than the PAL. For each month durillg thefirst 11 mOllthsfrom the PAL efMARYLAND REGISTER, VOL. 34, ISSUE 14 FRIDAY, JULY 6, 20071320 PROPOSED ACTION ON REGULAnONS

fective date, the major static mary source owner or operator shall show that the sum ofthepreceding monthly emissions from the PAL effective datefor each emissions unit underthe PAL is less than the PAL. (4) A person who receives a PAL permitfrom the Department is subject to: (a) All applicable existing State andfederal requirements;and (b) Anyfuture State orfederal requirements that apply to an emissions unit under an approved PAL. (5) During the PAL effectiveperiod, emission reductions ofa PAL pollutant may not be creditablefor use as ERCs unless the level ofthe PAL is reduced by the amount ofthe reduction and the reduction would be creditable in the absence ofthe PAL. (6) PALsfor existing major stationary sources shall be established, renewed, or increased through a publicparticipation procedure that is consistent with 40 CFR §§51.160 and 51,161, The Department shall provide the public with notice of theproposed approval of a PALpermit and at least

a 30·day periodfor submittal of public comment. All com- ments received by the Department shall be addressed before the Department takesfinal action on thepermit,

E. Expiration ofa PAL.

(l) Any PAL that is not renewed according to §G of this regulation shall expire at the end of the PAL effectiveperiod. (2) Within the timeframe specified for PAL renewals, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each
group ofemissions units, ifthis distribution is more appropriate, asdetermined by the Department) by distributing the PAL allowable emissions for the major stationary source among each ofthe emissions units that existed under the PAL. IfthePAL had notyet been adjustedfor any applicable requirement that became effective during the PAL effective period, as required under §G of this regulation, the distribution shall be made as ifthe PAL had been adjusted. (3) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a re- vised permit incorporating allowable limits for each emissions unit, or each group ofemissions units, as the Depart·
ment determines is appropriate. (4) Each emissions unitshall comply with the allowable emission limitationon a 12-month rolling basis. The Depart.
ment may approve the use ofmonitoring systems (for ex· ample, source testing or emissionfactors) other than CEMs, CERMs, PEMs, or CPMs to demonstrate compliance with the allowable emission limitation. (5) Until the Department issue.'l the revised permit in· corporating allowable limitsfor each emissions unit, or each
group of emissions units, the source shallcontinue to comply with a source·wide, multi·unit emissions cap equivalent to the level ofthe PAL emission limitation. (6) Anyphysical change or change in the method of op· eration at the major stationarysource is subject to the nonat· tainment major NSR requirements ifthe change meets the definition of a major modification. (7) The major stationary source owneroroperatorshall continue to comply with any State orfederal applicable requirements (BACT, RAeT, NSPS, etc.) that may have ap· pliedeitherduring the PALeffectiveperiod or before the PAL effective period, exceptfor those emission limitations that had been established purslLant to Regulation .02G ofthis chapter but were eliminated by the PAL in accordance with Regulation .07A(2)(c) ofthis chapter.



### F. Reopening a PAL Permit. (l) During the PAL effective period, thepermit may be reopened to: (a) Correct any errors in settingthePAL orto reflect a

more accurate determination ofemissions used to establish the PAL; (b) Reduce the PAL ifthe source creates emission re- duction credits; or (c) Reflect a necessary increase in the PAL level. (2) The Department may reopen the PAL to:

(a) Reflect a new federal or State requirement that would apply to an emissions unit after the effective date or for other reasons determined by the Department; (b) Reduce the PAL consistent withany other requirement that is enforceable as a practicable matter; and that the Department may impose on the major stationary source; or (c) Reduce the PAL if the Department determines that

a reduction is necessary to avoid causing or contributing to: (i) A NAAQS orPSD increment violation; or 

### Oi) An adverse impact on an air quality related value that has been identifiedfor a Federal Class IArea by a federal land manager andfor which information is avail· able to the generalpublic. (3) Any adjustment to the PAL shall be made through the public participation procedures required when the PAL

wasfirst established.

G. Renewal of a PAL. (1) Aperson who requests renewal of a PALpermitshall applyfor the renewal not later than 6 months before the ex· isting PAL permit expiration date. Ifa person submits a complete application to renew the PAL within that time period, the PAL shall continue to be effective until a renewed permit is issued. (2) The application to renew the PAL shall contain the following: (a) The information required in §A ofthis regulation; (b) Aproposed PAL level; (c) The sumof potential to emit of all emissions units under the PAL andsupporting documentation; and (d) Any other information the owner or operator wishes theDepartment to consider indetermining the appropriate leuelfor renewing the PAL. (3) Adju.stmen.ts atRenewal.

(a) Ifthe sum ofthe emissionsfrom each emissions unit within the PAL is 80 percent or less than the PAL, a renewed PALpermit may be issued at the same level. (b) The Department may set the PAL at a level that it determines to be more representatiue ofthe source's baseline actual emissions, orthat it determines to be appropriate can· sidering air quality needs, advances in control technology, anticipated economicgrowth in the area, desire to reward or encourage the source's uoluntary emissions reductions, or otherfactors as specifically identified by the Department in its written rationale. (c) Ifthe potential to emit ofthe major stationary

source is less than the PAL, the Department shall adjust the PAL to a level not greater than the potential to emit ofthe

source, and the Department may not approve a renewedPAL level higher than the current PAL unless the major station· ary source has complied with the provisions ofRegulation .09A ofthis chapter. (4) Ifa compliance datefor a State orfederal require'
ment that applies to the PAL source occurs during the PAL effective period, and ifthe Department has not already adjustedfor this requirement, that PALshall be adjustedat the time ofPAL renewal or Title Vpermit renewal, whichever

occursfirst.

MARYLAND REGISTER, VOL. 34, ISSUE 14 FRIDAY, JULY 6, 2007PROPOSED ACTION ON REGULATIONS 1321

(5) The Department shall provide both the proposed PAL level and a written rationalefor theproposed PAL level
to the publicfor review and comment. During thepublic review, anyperson maypropose a PAL levelfor the sourcefor consideration by the Department.

H. Increasing a PAL.

(1) Requirementsfor Increasing a PAL.

(a) 

### A PAL may be increased during the PAL effective period if the requirements ofthis subsection are met. (b) The owner or operator ofthe major stationary

source shall submit a complete application to request an increase in the PAL limitfor a PAL major modification. The application shall identify the emissions units contributingto the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. (c) As part ofthis application, the major stationary

source owner or operator shall demonstrate that the sum of the baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application of BACT equivalent controls, plus the sum ofthe allowable emissionsof the newor modifiedemissions units, exceeds the PAL. The level ofcontrol that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACTanalysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACTor LAER requirement that was established within thepreceding 10years. In this case, the assumed control levelfor that emissions unit shall 

### be equal to the level of BACTor LAER with which that emissions unit shall currently comply. (d) The owner or operator shall obtain a major NSR permitfor all emissions units identified in this subsection regardless ofthe magnitude ofthe emissions increase resultingfrom them (that is, no significant levels apply). These emissions units shall comply with any emissions requirements resultingfrom the nonattainment major NSR programprocessed (for example, LAERJ, even though they have also become subject to thePAL orcontinue to besubject to the PAL. (e) The PAL permit shall require that the increased PAL level be effective on the day any emissio.'lS unit that is part of the PAL majormodification becomes operational and begins to emit the PALpollutant. (2) The Department shall calculate the new PAL as the

sum ofthe allowable emissions for each modifted or new emissions unit.plus thesum of the baselineactual emissions ofthe significant and major emissions units (assuming application of BACTequivalent controls as determined in accordance with §H(1)(c) ofthis regulation), plus the sum of the baseline actual emissions ofthe small emissions units. (3) The PAL permit shall be revised to reflect the increased PAL levelpursuant to thepublicnotice requirements of§D(6) ofthis regulation.


### .09 Plantwide Applicability Limit (PAL)

- Monitoring. RecordKeeping. andReporting. A Monitoring andRecord Keeping Requirements. (1) Each PAL permit shall contain enforceable requirementsfor the mOltitoring system that accurately determine plantwide emissions ofthe PAL pollutant in terms ofmass perunitof time.Anymonitoringsystemauthorizedfor usein the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by the system shall meet the minimum legal requirements for admissibility in ajudicialproceeding to enforce the PAL permit. (2) The PAL monitoring system shall employ one or

more ofthefour general monitoring approaches meeting the minimum requirements setforth in §A(5) ofthis regulation and shall be approved by the Department. (3) Notwithstanding §A(2) ofthis regulation, an alternative monitoring approach may be used that meets the requirements of§A(I) of this regulation if approved by the Department. (4) Failure to use a monitoring system that meets the
requirements ofthis section renders the PAL invalid. (5) Thefollowing are acceptablegeneral monitoring approaches when conducted in accordance with the minimum performance requirements in §A(6)

- (12) of this regulation: (a) Mass balance calculations for activities using coatings or solvents; (b) CEMs; (c) CPMS orPEMS; and (d) Emissionfactors.

, (6) Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall
meet thefollowing requirements: (a) Provide a demonstrated means ofvalidating the published content ofthe PALpollutant that is contained in

or created by all materials used in or at the emissions unit; (b) Assume that the emissions unit emits all ofthe PALpollutantthatis contained in orcreatedbyany raw material orfuel used in orat the emissions unit if itcannot otherwise be accountedfor in theprocess; and (c) Where the vendor ofa material or fuel which is used in or at the emissions unitpublishes a range ofpollutant contentfrom that material, the owner or operator shall

use the highestvalue of the range to calculate thePALpollutant emissions unless the Departmentdetermines there is site specific data ora sitespecific monitoringprogram to support another content within the range. (7) CEMs. Anowneroroperator using CEMs to monitor PAL pollutant emissions shall meet the following requireiiwnts:(a) CEMs shall comply with the applicable performance specificationsfound in 40 CFR Part 00, AppendixB; and (b) CEMs shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating. (8) CPMSor PEMS.An owneroroperator using CPMS

or PEMS to monitor PALpollutant emissions shall meet the following requirements: (a) The CPMSor the PEMS shall be basedon current site specific data demonstrating a correlation between the monitoredparameters and PALpollutant emissions across the range of operation ofthe emissions unit; and (b) Each CPMS or PEMS shall sample, analyze, and record data at least every 

### 15 minutes, or at another lessfrequentintervalapproved theDepartment, while theemissions unit is operating. (9) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet thefollowing requirements: (a) Allemissionfactors shallbe adjusted, ifappropriate, to accountfor the degree ofuncertainty or limitations in thefactors development; (b) The emissiolls unit shall operate within the designated range ofusefor the emissionfactor, if applicable; and

MARYLAND REGISTER, VOL. 34, Issue 14 

### FRIDAY, JULY 6, 20071322 PROPOSED ACTION ON REGULA nONS

(c) Iftechnicallypracticable, the owner or operator of

a significantemissions unit that relies on anemissionfactor
to calculate PAL pollutant emissions shall conduct validation testing to determine a site specific emission factor within 6 months of PALpermit issuance, unless the Departmentdetermines that testing is not required. (10) A source owner oroperator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during anyperiod oftimjl that there is no monitoring data, unless another method for determining emissions during thisperiod is specified in the PALpermit.

. (11) Notwithstanding the requirements in §A(6)

- (10) ofthis regulation, when an owner or operator ofan emissions unit cannot demonstrate a correlation between the monitoredparameters and the PALpollutant emissions rate atall operatingpointsof the emissions unit, theDepartment shall, at the time of permit issuance: (a) Establish default values for determining compli-

ance with the PAL based on the highestpotential emission reasonably estimatedat the operatingpoint; or (b) Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitoredparameters and the PAL pollutant emissions 

### is a violation of the PAL. (12) Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing

or other scientifically valid means approved by the Department. This testing shall occur at least once every 6 years after issuance of the PAL. (13) The PALpermitshall require an owner oroperator to retain a copy of all records necessary to determine compliance with any requirement of Regulations .07

- .09 ofthis chapter and ofthe PAL. including a determination ofeach emissions unit's 12·month rolling total emissionsfor 6years from the date of that record. (14) The PALpermit shall require an owner oroperator to retain a copy ofthefollowing records for the duration of the PAL effectiveperiodplus 6years: ) (a) A copy ofthe PALpermit application and any applicationfor revisions to the PAL; and

. (0) Each annual certification of compliancepursuant to 1itle Vand the data reUedon in certifyingthe compliance.

B. ReportingRequirements.

(1) A semiannual report shall be submitted to the Department within 30 days ofthe end of each reportingperiod, beginning 6 months after the PAL effective date. This report shall contain thefollowing information: (a) The identification ofthe owner and operator and thepermit number; (b) Total annualemissions in tonsperyearbasedon a 12-month rolling totalfor each month in the reportingperiod recordedpursuant to §A(13) ofthis regulation; (c) All data relied upon including any quality assurance or quality control data in calculating the monthly and annual PALpollutant emissions; (d) 

### A list of any emissions units modif£edor added to the major stationary source during the preceding 6-month period; (e) The number. duration, andcause of any deviation

or monitoring malfunction,

. other than the time associated with zero and span calibration checks, andanycorrective actions taken;



# .m A notification ofa shutdown ofany monitoring system, lI;hetller the shutdown waspermanentor temporary, the reason for the shutdown, the anticipated date that the monitoring system will befully operational or replaced with another monitoring system, and whether the emissions unit monitored by the system continued to operate and the calculation of the emissions ofthepollutant or the numberdeter· mined bymethods included in thepermit; and (g) 

### Asigned statement by the responsible official cer- tifying the truth, accuracy, andcompleteness of the informationprovided in the report. (2) The majorstationary source owneroroperator shall promptly submit reports ofany deviation or exceedances of the PAL requirements includingperiods when no monitoring is available. A report submitted pursuant to COMAR 26.11.0a.06Cf7J(a){i) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limitsprescribed in the source's TItle Vpermit. The report shall contain thefollowing information: (a) The identification of the owneroroperatorand the permit number; (b) The PAL requirement that experienced the deviation or that was exceeded; (c) The emissions resultingfrom the deviation or the exceeciances; and

. (d) A signed statement by the responsible official cer- tifying the truth-accuracy, andcompleteness of the informationprovided in the report. (3) The owneroroperator shall submit to the reviewing authority the results ofany revalidation test or method within 3 monthsaftercompletion of the test method.
SHARI T. WILSON Secretary ofthe Environment



### Subtitle 11 AIR QUALITY Clean Air Interstate Rule

tlwrity: EnuVonmentArticle, §fJ.101. 1·404, fz.JOl

- 2·
1l·301

- 2·303, 10.102, and 10-103.

AMOtOl..I CO<U of Maryu.nd



### Notice ofProposedAction {07-l64-PI the Environment pro sea to adopt new Regulations .01 .08 under a new chapter. COMAR 28.11.28 

### CleanAir terstate Rule



### State ent of The purpose of this a . n is adopt the U.S. Environmental ProtectionAgency's 

### P.)CleanAir Interstate Rule (CAIR) model rule for the re etlon ofNO

.. and 

### 802 emissions from electric generati g 

### ·ta. The reductions. under the model rule. are Rchie d th ugh a cap and trade program that replaces the 'stingN Reduction and Trading Program requiremen under CO R 26.11.29 and .30 (NO" SIPCall).

This action will submitted to the the State Imple ntation Plan. Background.

Beginning' 2009, the CAIRwill replace th un-ent NO

.. SIP Call C 

### MAR 26.11.29 and .30 for electric enerating units tha participated in that NO. Allowance Tr ing Pro· gram. del' the CAIR, affected electric generati units
must rther reduce NO. emissions and reduce emissl ns of**SO** eyond those levels required by the federal Add in Pl' gram. Under CAIR, affected units 

### will participate in

p and trade program similar to the NO. SIP Call to reMARYLAND REGISTER. VOL. 34, ISSUE 14 FRIDAY, JULY 6,2007