26.JJ.OJ.OJ 

## .01 Definitions.

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

### B. Tenns Defmed. (l) Actual Emissions. (a) "Actual emissions" means the average rate, in tons peryear, at which a source discharged a pollutant during a 2-yearperiodwhich precedesthe date ofa completed application for an NSR source or other specified date, andwhich is representative ofnonnal source operation. The Departmentmay allow the use ofa different time periodupon a detennination that it is more representative ofnormal source operation. Actual emissions shall be calculatedusing the source's operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selectedtime period. (b) Forthe purpose ofsubmitting emissions statements under Regulation .05-1 ofthis chapter, "actual emissions" means the emissions, in tons peryear, which a source discharged during a calendaryear or other specified period oftime. (2) "Air pollution" as defmed in EnvironmentArticle, §2-101, Annotated Code ofMaryland, means the presence in the outdoor atmosphere ofsubstances in quantities, having characteristics, and being ofa duration which, from any single source or in combination with other sources, are, or may be predicted with reasonable certainty to be, injurious tohuman, plant, or animal life orto property, or which unreasonably interfere with the proper enjoyment ofthe property ofothers by reason ofthe emission ofodors, solids, vapors, liquids, or gases, throughout the State and in such areas ofthe State that are affectedby them. (3) "Air pollution control equipment" means equipment whose primary purpose is to reduce the discharge ofemissions into the atmosphere 

### in orderto comply with air pollution control requirements. (4) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after consideration ofany physical, operational, or emissions limitations required by this subtitle orby federally enforceable conditions which restrict operations and which are included in an applicable air quality pennitto construct, pennitto operate, secretarial order, plan for compliance, consent agreement, court order, or applicable federal requirement. (5) "Capture efficiency" means the weightperunit time ofa pollutantentering a capture system and delivered to a control device, dividedby the weightperunittime ofthe total pollutant generatedby a source ofthe pollutant, expressed as a percentage. The capture efficiency reflects how much ofthe pollutant is captured androuted to the control device. (6) "Certifying individual" means the person responsible for the completion and certification ofthe emissions statementrequired in Regulation .05-1 ofthis chapter. (6-1) "Commercialbakery oven" (bakery oven) means an oven with a rated heat input capacity of 2,000,000 atu perhour or greater, that is used to bakebread, rolls, or otheryeast-raised products. (7) "Confmedemissions" means emissions which are discharged into the outdoor atmosphere through a stack, duct, hood, flue, or other conduit.(8) "Confmed source" means an installation that discharges into the atmosphere through a stack, duct, hood, flue, or other conduit. (9) "Continuous emission monitor (CEM)" means a system ofinstruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continuously measure and record the emission rate or concentration ofa substance in a gas stream. (9-1) "Continuous opacity monitor (COM)" means a system ofinstruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continuouslymeasure andrecord the opacity ofemissions as six-minute averages ofnot greater than 15 second increments. (10) "Control efficiency" means the ratio ofthe emissions released by a control device andthe emissions introducedto the control device, expressed as a percentage. (II) "Control equipment" means any device or q>ntrivance which prevents orreduces emissions. (12) "Control officer" means: (a) The health officer ofAllegany, 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 ofHealth ofthe City ofBaltimore, the Director ofthe Baltimore County Department ofEnvironmental Protection and Resource Management, the Director ofthe Montgomery CountyDepartment ofEnvironmental Protection, orthe Chiefofthe Environmental Programs Section of Worcester County Department ofPlanning, Permits, and Inspections; or (c) Any employee ofthe Department designated by the Secretary. (13) "Datatelemetry" means an exclusive telephone link that allows the Departmentto directly access any CEM data system installed pursuantto Regulations .10 and .11 ofthis chapter. (14) "Department" means the Department ofthe Environment. (15) "Distillate fuel oil" means all American**Socie~** for Testing and Materials numbered fuel oils otherthan residual fuel oil. (16) "Emissions" means any substance, otherthan 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 ofthese substances. (17) "Fuel-burning equipment" means any: (a) Boilerthat has the primary function ofheating air, water, or any other medium through indirect heattransfer from the burning offuels; 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, roofmonitors, poorly fitting closures, orpoorly maintained equipment.(19) "Installation" means any article, machine, equipment, orothercontrivance, including, but not limited to, emission control equipment, processing equipment, manufacturing equipment, fuel-burning equipment, incinerators, orany equipment orconstruction, capable ofgenerating, causing, orreducing 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 ofemissions from the source or installation. However, this term excludes routine maintenance and routine repair, and increases in the hours ofoperation or in the production rate, unless these increases would be prohibited under any permit or approval conditions adopted by the Department. 

### (Q) 

### In the context ofNew Source Performance Standards andNational Emission Standards for

### Hazardo~s Air Pollutants adopted or enforced bythe Department, the federal defmition ofthe term "modification" is controlling. (c) "Modify" means tomake a modification. (d) In the context ofPrevention ofSignificantDeterioration regulations adopted orenforced bythe Department, the federal defmitions ofthe terms "modification" and "major modification" are controlling. (20-1) "Motorvehicle" means a vehicle registered withthe Maryland Motor VehicleAdministration or the equivalent agency ofanother state. (21) "National Emission Standards for Hazardous Air Pollutants source (NESHAP source)" means any: 

### (a) Source ofasbestos, beryllium, mercury, vinyl chloride, benzene, or inorganic arsenic which is subject to the provisions of40 CFRPart 61 (excluding Subparts B, H, I, K, 

### Q, R, T, and W), as amended; or 

### (b) One ofthe sources listed in §D ofthis regulation which is subjectto the provisions of40 CFR Part 63, as amended. (22) Reserved. (23) "New Source Performance Standard source (NSPS source)" (see §C ofthis regulation). , j (24) "New Source Review source (NSR source)" means any major stationary source ormajor modification subjecttothe requirements ofCOMAR26.11.17. (24-1) ''NOx Ozone SeasonAllowance" means a CAIRNOx ozone season allowance as defined in 40 CFR96.302 and does not constitute a security or other form ofproperty. (25) "Odor" means that property ofan emission which stimulates the sense ofsmell. (26) "Opacity" means the degree to which emissions reduce the transmission oflight and obscurethe view ofan object in the background.(27) "Operating day" means a 24-hourperiod beginning midnight ofone day and ending the following midnight, or an alternative 24-hourperiod approved by the Department, during which time an installation being monitored is operating, consuming fuel, processing orproducing a material, or causing emissions. (28) "Oxides ofnitrogen (NOS' means compounds ofnitrogen comprised ofnitric oxide (NO) and nitrogen dioxide (N02), expressed as equivalent molecular weight ofN02 . (29) "Particulate matter" means any material, except water in uncombined form, that is orhas 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, otherthan uncombined water, discharged into the ambient air. (31) "PM IO" means particulate matterwith an aerodynamic diameter less than or equal to a nominal 10 micrometers. (32) "PM IO emissions" means fmely 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 ofannual throughput conducted during each ofthe 4 seasonal periods (December-February, March-May, June--August, September-November). (34) "Person" means any individual, group ofindividuals, fIrm, partnership, voluntary association, or private, public ormunicipal corporation, or agency, bureau, department or an instrumentality offederal, State, or local governmentresponsible for the use ofproperty. (35) "Potential to emit" means the maximum capacity ofa stationary source to discharge a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits 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 ofone person or unler common control ofa group ofpersons. (37) "Prevention ofSignificant Deterioration (PSD) source" means any new ormodified source subject to the provisions of40 CFR §52.21, as published in the 2008 edition, including: (a) Any ofthe following sources which emit, orhave the potential to emit, 100 tons peryear ofany air pollutantregulated under the federal Clean AirAct Amendments of 1977 (42 U.S.C. §7401 et seq.): (i) Fossil fuel-fired steam electric plants ofmore than 250 million Btu perhourheat input; (ii) Coal cleaningplants (with thermal dryers); (iii) Kraft pulp mills; (iv) Portland cement plants; (v) Primary zinc smelters;(vi) Iron and steel mill plants; (vii) Primary aluminum ore reduction plants; (viii) Primary copper smelters; (ix) Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; (x) Hydrofluoric, sulfuric, and nitric acid plants; (xi) Petroleum refmeries; (xii) Lime plants; (xiii) Phosphate rock processing plants; (xiv) Coke oven batteries; (xv) Sulfurrecovery plants; (xvi) Carbon black plants (furnace process); (xvii) Primary lead smelters; (xviii) Fuel conversion plants; (xix) Sintering plants; (xx) Secondary metal production plants; (xxi) Chemical process plants; (xxii) Fossil fuel boilers (or combination ofthem) totaling more than 250 million Btu perhour heat input; (xxiii) Petroleum storage andtransfer units with a total storage capacity exceeding 300,000 barrels; (xxiv) Taconite ore processing plants; (xxv) Glass fiber processing plants; (xxvi) Charcoal productionplants; and (b) Any other source which emits orhas the potential to emit 250 tons peryearormore ofany air pollutantregulated underthe Federal Clean AirAct (42 U.S.C. §7401 et seq.). (38) "Process weight" means the total weight ofall materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part ofthe process weight, but liquid and gaseous fuels and combustion air will not.(39) "Process weight perhour" meansthe rate established as follows: (a) For continuous or long-run steady-state operations, thetotal process weight for the entire period ofcontinuous operation or for a typical portion ofoperation, divided by the number ofhours ofthe period or portions ofoperation; (b) For cyclical or batch operations, the total process weight for a periodthat covers a complete operation oran integral number ofcycles, divided by the hours ofactual process operation dilring the period; and (c) Whenthe nature ofany process or operation orthe design ofany equipmentpermits more than one interpretation ofthis defmition, the interpretationthat results inthe minimum value for allowable emission shall apply. (40) "ReasonablyAvailable Control Technology (RACT)" means the lowest emissions limit that a particular source is capable ofmeeting by the application ofcontrol technology that is reasonably available considering technological and economic feasibility. (41) "Residual fuel oil" means that fuel oil that meets the specifications ofthe American Socfety 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 ofthe Environment. (43) "Source" as defmed in Environment Article, §2-101(i), Annotated Code ofMaryland, means any property, real or personal, orperson contributing to airpollution. (44) "Stack or chimney" means any flue, conduit, or duct arranged to conduct emissions. (45) "Stackheight" means the height ofa stack measured from the ground elevation to the top ofthe stack, not including caps, nozzles, or other encumbrances. (46) "Standard conditions" means at a temperature of77°F (25°C) and a pressure of29.92inches (760 rom) ofmercury. (47) "Standard industrial classification (SIC) code" means a series ofcodes devised by the federal Office ofManagement and Budget (OMB) to classify establishments according tothe type ofeconomic activity in which they are engaged. (48) "True vapor pressure (TVP)" means the vapor pressure ofa materialat storage temperature, where storagetemperature is the maximum monthly average temperature ofthe material or 77°F (25°C), whichever is the higher. (49) "Typical ozone season day (TOSD)" means a day typical ofthat period ofthe year**durin~.which** conditions for photochemical ozone formation are most favorable, which is generally during sustained periods ofdirect sunlight (that is, long days, little cloud cover) and warm temperatures. (50) "Unconfmed source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, flue, or otherconduit butwhich escape into the atmosphere through openings such as windows, vents or doors, 

### ill fitting closures, orpoorly maintained equipment. (51) "Vaporbalance line" means any connection closed tothe atmosphere betweenthe 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) "Vaporpressure" means the total equilibrium partial pressure orpressures for any given chemical ormixture at a given temperature. (53) "Volatile organic compound (VOC)" means any organic compound which participates in atmospheric photochemicalreactions, excluding those compounds which have been detenninedto have negligible photochemicalreactivity by the U.S. Environmental Protection Agency and which are listed in 40 CFR §51.1 OO(s), as amended.

C. "New Source Perfonnance Standard source (NSPS source)" means anyone ofthe following sources: (1) Steam generator ofmore than 250 million Btu (264 gigajoules) per hour heat inputfor which construction is commenced after August 17, 1971; (2) Electric utility steam generating unit for which construction is commenced after September 18, 1978; (3) Incinerator capableofcharging more than 50 tons (45,000 kilograms) ofrefuse per 24-hour day; (4) Portland cementplant; (5) Sulfuric acidplant; (6) Nitric acid plant; (7) Asphalt concrete plant; (8) Petroleumrefmery; (9) Petroleum storage having a capacity of40,000 gallons (151 cubic meters) ormore constructed after June 11, 1973, andbefore May 19, 1978; (10) Petroleum storage having a capacity of40,000 gallons (151 cubic meters) ormore constructed after May 18, 1978, andbefore July 23, 1984; (11) §econdary lead smelter; (12) Secondary brass and bronze production plant; (13) Iron and steel plant-basic oxygen process furnace for which construction is begun after June 11, 1973; (14) Sewage sludge incinerator; (15) Coalpreparation plant; (16) Primary copper smelter; (17) Primary zinc smelter; (18) Primary lead smelter;

### (19) 

### Primary aluminum reduction plant; (20) Wet process phosphoric acid plant; 

### (21) Superphosphoric acid plant; (22) Diamrnonium phosphate plant; (23) Triple superphosphate plant; 

### (24) Granular triple superphosphate storage facility; (25) Ferroalloy production facility; 

### (26) Steel plants: Electric arc furnaces constructed after October 

### 21, 1974, and on orbefore August 

### 17, 1983; (27) Kraft pulp mill; 

### (28) Grain elevator; 

### (29) Glass manufacturing plant; (30) Stationary gas turbine; 

### (31) Automobile and light-dutytruck surface coating operation; (32) Ammonium sulfate manufacturing plant; (33) Asphalt processing and asphalt roofmg manufacturing; 

### (34) Lead acid battery manufacturing; (35) Phosphaterock plant; 

### (36) Industrial surface coating-large appliances; 

### (37) Surface coating ofmetal furniture; 

### (38) Metal coil surface coating operation; 

### (39) Graphic 

### arts industry-publicationrotogravure printing; (40) Bulk gasoline terminal; (41) Beverage can surface coating plant; 

### (42) Pressure sensitive tape and label surface coating plant; 

### (43) Synthetic organic chemicals manufacturing---equipment leaks ofVOC;

### (44) Lime manufacturing plant; (45) Metallic minerals processing plants; (46) Synthetic fibers manufacturing; (47) Fugitive VOC emissions from refmeries; (48) Industrial surface coating-vinyl and urethane coating andprinting operations; (49) Petroleum dry cleaners; (50) Steel plants--argon-oxygen decarburization vessels constructed afterAugust 17, 1983; (51) Wool fiberglass insulation manufacturing plants; (52) Onshore natural gas production plant VOC leaks; (53) Nonmetallic mineral processing plants; (54) Onshore natural gas sweetening and sulfur recovery facilities; (55) Industrial-commercial-institutional steam generating units with a heat input capacity greater than 100 million Btulhour for which construction commenced after June 19, 1984; (56) Basic oxygen process steel-making facilities for which construction is begun after January 20, 1983; (57) Volatile organic liquid storage vessels (including petroleum liquid storage vessels) having a capacity of 10,570 gallons (40 cubic meters) ormore constructed after July 23, 1984; (58) Rubber tire manufacturing facilities for which construction is begun after January 20, 1983; (59) Sewage treatmentplants; (60) New residential wood heaters; (61) VOC emissions from petroleum refmery wastewater systems; (62) Equipment leaks ofVOC in petroleum refmeries; (63) Magnetic tape coating facilities; (64) Industrial surface coating-surface coating ofplastic parts for business machines; (65) VOC emissions from synthetic organic chemicals manufacturing industries (SOCMI) distillation operations; (66) Polymeric coating ofsupporting substrates facilities;(67) VOC emissions from synthetic organic chemicals manufacturing industries (SOCMI) air oxidation unit processes; (68) Municipal waste combustors; (69) Polymermanufacturing industry; (70) Synthetic organic chemical manufacturing industry (SOCMI) reactor processes; (71) Calciners and dryers in mineral industries; (72) Industrial-commercial-institutional steam generating units with a heat input capacity less than 100 million Btu/hour but greaterthan or equal to 10 million Btu/hour for which construction began after June 9, 1989; (73) Municipal solid waste landfills; (74) Hospital, medical, and infectious waste incinerators; (75) Small municipal waste combustion units; (76) Commercial and industrial solid waste incineration units; and (77) Other solid waste incineration units.

D. "National Emission Standards for Hazardous AirPollutants source (NESHAP source)" means any of the following sources: (1) Aerospace manufacturing and rework facilities; (2) Hard and decorative chromium electroplating and chromium anodizing 

### tanks; (3) Coke oven batteries (Subpart L); (4) Perchloroethylene dry cleaning facilities; (5) Ethylene oxide sterilization facilities; (6) Gasoline distribution facilities (bulk gasoline terminals andpipeline breakout stations); (7) Halogenated solvent cleaning; (8) Industrial process cooling towers; (9) Magnetic tape manufacturing operations; (10) Marine

### tank vessel loading operations; (11) Off-site waste andrecovery operations; (12) Petroleum refmeries (Subpart CC);(13) Group I polymers andresins; (14) Epoxy resins production andnon-nylon polyamides production; (15) Group IV polymers andresins; (16) Printing and publishing industry; (17) Secondary lead smelting; (18) Shipbuilding and ship repair (surface coating); (19) Synthetic organic chemical manufacturing industry; (20) Certain processes subject to the negotiated regulation for equipment leaks (Subpart I); (21) Wood furniture manufacturing operations; (22) Flexiblepolyurethane foam production; (23) Pharmaceuticals production; (24) Primary aluminum production; (25) Pulp andpaperproduction (Subpart S); (26) Tanks-level I (Subpart 00); (27) Containers (SubpartPP); (28) Surface impoundments (Subpart QQ); (29) Individual drain systems (Subpart RR); (30) Oil-water separators and organic-water separators (SubpartVV); (31) Hazardous waste combustors (SubpartEEE); (32) Closed vent systems, control devices, recovery devices, androuting to a fuel gas system or a process (Subpart SS); (33) Equipment leaks--controllevel I standards (Subpart 

### 11); (34) Equipment leaks--controllevel2 standards (Subpart UU); (35) Storage vessels (tanks)--controlleveI2 (Subpart WW); (36) Generic maximum achievable control technology standards (Subpart IT); (37) Polyetherpolyolsproduction (Subpart PPP);(38) Wool fiberglass manufacturing (Subpart NNN); (39) Mineral wool production (Subpart DOD); (40) Oil and natural gas production (Subpart HH); (41) Natural gas transmission and storage (Subpart HHH); (42) Steel pickling-HCl process facilities andhydrochloric acid and regeneration plants (Subpart CCC); (43) Pesticide active ingredient production (Subpart MMM); (44) Portland cement manufacturing industry (SubpartLLL); (45) Phosphoric acid manufacturing (Subpart AA); (46) Phosphate fertilizer production (Subpart BB); (47) Ferralloys production (Subpart XXX); (48) Primary lead smelting (Subpart TIT); (49) Publicly Owned Treatment Works (Subpart VW); (50) Manufacture ofamino/phenolic resins (Subpart 000); (51) Secondary aluminum production (Subpart RRR); (52) Chemicalrecovery combustion sources at kraft, soda, sulfite and stand-alone semichemical pulp mills (SubpartMM); (53) Primary copper smelting (Subpart 

### QQQ); (54) Petroleum refmeries: catalytic cracking units, catalytic reforming units, and sulfurrecovery units (Subpart UUU); (55) Manufacturing ofnutritional yeast (Subpart CCCC); (56) Solvent extraction for vegetable oil production (Subpart GGGG); (57) Wet formed fiberglass mat production (Subpart HHHH); (58) Surface coating ofmetal coil (Subpart SSSS); (59) Leather fmishing operations (Subpart TTIT); (60) Cellulose products manufacturing (Subpart UUUU); (61) Boat manufacturing (Subpart VVVV);(62) Reinforced plasticproduction (Subpart WWWW); (63) Rubber tire manufacturing (Subpart XXXX); (64) Semiconductormanufacturing (Subpart BBBBB); (65) Coke ovens: pushing, quenching, and battery stacks (Subpart CCCCC); (66) Integrated iron and steel manufacturing facilities (Subpart FFFFF); (67) Brick and structural clay products (Subpart JJJJJ); (68) Clay ceramics manufacturing (Subpart KKKKK); (69) Asphaltprocessing and asphalt roofmg manufacturing (Subpart LLLLL); (70) Flexible polyurethane foam fabrication operations (Subpart MMMMM); (71) Hydrochloric acidproduction (SubpartNNNNN); (72) Engine test cells/stands (Subpart PPPPP); (73) Friction materials manufacturing facilities (Subpart QQQQQ); (74) Refractory productsmanufacturing (Subpart SSSSS); (75)Auto and light duty truck (surface coating) (Subpart IIII); (76) Benzene waste operations (Subpart FF); (77) Fabric printing, coating, and dyeing operations (Subpart 0000); (78) Industrial, commercial, and institutional boilers and process heaters (Subpart DDDDD); (79) Iron and steel foundries (Subpart EEEEE); (80) Large appliances (surface coating) (Subpart NNNN); (81) Lime manufacturing (Subpart AAAAA); (82) Mercury cell chlor-alkali plants (Subpart 11111); (83) Metal can (surface coating) (Subpart KKKK); (84) Metal furniture (Subpart RRRR); (85) Miscellaneous coating manufacturing (Subpart HHHHH); (86) Miscellaneous metalparts and products (Subpart MMMM);(87) Miscellaneous organic chemical production and processes (SubpartFFFF); (88) Municipal solid waste landfills (SubpartAAAA); (89) Organic liquids distribution (SubpartEEEE); (90) Paper and other web (SubpartJJJ1); (91) Plastic parts (SubpartPPPP); (92) Plywood and composite wood products (SubpartDDDD); (93) Polyvinyl chloride and copolymers production (Subpart 1); (94) Primary magnesium refming (Subpart TITTI); (95) Reciprocating internal combustion engines (SubpartZZZZ); (96) Stationary combustion turbines (Subpart YYYV); (97) Taconite iron ore processing (Subpart RRRRR); (98) Wood building products (Subpart QQQQ); (99) Site remediation (Subpart GGGGG); or (l00)Major sources for which controltechnology determinations are required in accordance with Clean AirAct 112 (g) and 

### 0).