FINAL ACTION ON REGULATIONS 

1014 

0 system IJwho wasiJ and have been rated as a satisfactory or effective 

teacher; and 

(4) (proposed text um:hanged) 

G. (proposed text unchanged) 

NANCY S. GRASMICK 

State Superintendent of Schools 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.01 General Administrative Provisions 

Authority: Environment Anicle, §§1-101. 1-404,2-101-2-103,2-301-2-

303, 10-102, and I0-103,Annotated Code of Maryland 

Notice or Fiaal Action 

[11·127-F] 

On July 29, 2011 , the Secretary of the Environment adopted 

amendments to Regulations .10 and .11 under COMAR 26.11.01 

General Administratin Provisions. This action, which was 

proposed for adoption in 38:9 Md. R. 561-562 (April22, 201 1), has 

been adopted as proposed. 

Effective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY / 

Notice or Final Action 

[11-025-F] 

On July 29, 2011, the Secretary of the Environment adopted 

amendments to: 

(I) Regulations .10 and .Jl under COMAR 26.11.01 General 

Administrative Provisions; and 

(2) Regulations .01 and .05 under COMAR 26.11.09 Control 

of Fuel-Darning Equipment, Stationary Iaternal Combustion 

Engines, and Certain Fuel-Burning Installations. 

This action, which was proposed for adoption in 38:2 Md. R. 

104-106 (January 14, 201 1), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: August 22, 2011. 

Attorney General's Certification 

In accordance with State Government Article, §I 0-113, AMotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

Regulation 26.ll.OI.IIE(2)(a): The removal of this paragraph 

eliminates an apparent conflict regarding the appropriate data 

reduction averaging time for Continuous Emissions Monitors 

(CEMs) in 26.11.01.11. The conflict was created when the language 

of Regulation 26.11.01.100(2)(a) was erroneously duplicated and 

inserted as Regulation 26.11.01.11E(2)(a). Regulation .11 applies 

only to CEMs, whereas Regulation . I 0 applies only to Continuous 

Opacity Monitors (COMs). The language of Regulation .110(2), 

Data Reduction, reads: "A CEM used to monitor a gas concentration 

shall record not less than four equally spaced data points per hour and 

automatically reduce data in terms of averaging time consistent with 

the applicable emission standard'', The language in Regulation 

.11 0(2) is correct for CEMs and applies to several different monitors, 

each specific to different federal air quality standard. Consequently, 

when Regulation .IIE(2)(a) is eliminated the requirement to " reduce 

all data to six-minute block averages calculated from 24 or more 

equally spaced data points" will still exist for COMs, as appropriate 

in Regulation .IOD(2)(a). 

Elimination of Regulation .IIE(2)(a) does not increase the 

requirements or stringency of the regulation and it does not decrease 

the benefits of the regulation. 

26.11.01 General Administrative Provisions 

Authority: Environment Article, §§1-101, 1-404,2-101-2-103,2-301-2-

303,10-102,and 10-103,AnnotatedCodeofMaryland 

.11 Continuous Emission Monitoring Requirements. 

A.- D. (proposed text um:hanged) 

E. Record Keeping and Reporting Requirements. 

(I) (proposed text unchanged) 

(2) CEM Data Reporting Requirements. 

(((a) A CEM shall automatically reduce all data to 6-minute 

block overages calculated from 36 or more equally spaced data 

points.Jl 

(((b)Jl M -(((e)IJIJil. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Subtitle 11 AIR QUALITY 

26.11.02 Permits, Approvals, and Registration 

Authority: Environment Article; §§fi-IOI;jl-404, (2-101-12·103;-2-301-

2-303, 2-401, (2-403(2-402, and 2-404, AMotated Code of Maryland 

Notice of Final Action 

[1 1-128-F] 

On August I, 2011, the Secretary of the Environment adopted 

amendments to Regulations .01, .10, and .13 under COMAR 

26.11.02 Permits, Approvals, and Registration. This action. which 

was proposed for adoption in 38:9 Md. R. 562-565 (April 22, 

20 I I), has been adopted as proposed. 

Effective Date: August 22, 2011. 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 33 

STATE BOARD OF 

ELECTIONS 

Subtitle 16 PROVISIONAL VOTING 

33.16.02 Provisional Voting Documents and 

Supplies 

Authority Election Law Article. §9-403, Annotated Code of Maryland 

Notice of Final Action 

[11-152-F] 

On July 28, 2011, the State Board of Elections adopted 

amendments to Regulation .01 under COMAR 33.16.02 Provisional 

Voting Documents and Supplies. This action, which was proposed 

MARYLAND REGISTER, VOLUME 38,1SSUE 17, FRIDAY, AUGUST 12, 201J 
/ 

PROPOSED ACTION ON REGULATIONS 

104 

person. or persons under common control. belonging to a in l~: 

major industrial grouping and that is described as follows; 

( a ) (text unchanged) 

(b) IAI £r,·epl a.r pro\·ic/ed ill §Cf I ){t() of this regu/uticm, a 

major stationary source of air pollutants, as defined in §302 of the 

Ch:an Air Act, that directly emits, or has the potenlial to emit. 100 

tons per yea r or more of any air pollutant including a major source of 

fugitive emissions of the pollutant, as detennined by rule by the EPA; 

or 

(c) A major stationary source as defined in Part D of Title J 

of the Clean Air Act. concerning nonattainment areas. including any 

stationary source which emits or has the potential to emit: 

( i) - (iii) (text unchanged) 

(iv) 100 tons per year or more of carbon monoxide for 

sources located in the areas designated as nonattainment for carbon 

monoxide in 40 CFR §8l.321 (1992 edition).(.); 

(d) A GHG source shall not be considered a major 

stationary source of any GHG under §C(I)(b) of this regulation 

unless it is subject to regulation under paragraphs (I) and (2) of the 

definition of "Subject to regulation " in 40 CFR 70.2, as amended by 

"Prevention of Significant Deterioration and Title V Greenhouse Gas 

Tailoring Rule" (75 FR 31514). 

(2) - (3) (text unchanged) 

.11 Procedures for Obtainin1 Approvals of PSD Sources and 

NSR Sources, Permits to Construct, Permit to Construct 

MACT Determinations On a Case-by-Case Basis ia 

Accordance witb 40 CFR Part 63, Subpart B. aad Certain 

100-Ton Sources. 

A. Applicability. Except as provided in §B or this regulation, the 

owner or operator of a source shall comply with the procedures in 

this regulation when applying for the following: 

(I) (text unchanged) 

(2) Except as required·in Regulation, J1 of this cbapterf,)-

(a) fa) A permit to construct a source that, after the source is 

in compliance with all other applicable requirements of the State air 

pollution control law, has the potential to discharge to the atmosphere 

100 tons per year (91,000 kilograms) or more of [a)any pollutant 

except for greenhouse gases; 

(b) A permit to construct a source that, after the source is in 

compliance with all other applicable requirements of the State air 

pollution control law. is a GHG source to which 40 CFR 

52.2/(b)(49)(iv) or M applies; 

(3)-(4) (text unchanged) 

B. - L. (text unchanged) 

26.11.06 General Emission Standards, 

Prohibitions, and Restrictions 

Authorily: Environment Article, §§1·101, 1-404, 2·101- 2-103, 2-301-2-

303, 10-102, and 10-103, Annotated Code of Maryland 

.14 Control of PSD Sources. 

A. (text unchanged) 

B. General Requirements. 

( I ) A person may not construct. modify. or operate. or cause to 

be constructed. modified. or operated, a Prevention of Significant 

Deterioration (PSD) source. as defined in COMAR 

26.11.01.018(37). which will result in violation of any provision of 

~0 CFR §52.21. as published in the (2008) 2009 edition. as amended 

by the ''Pre~·ention of Significant Deterioration and Title I' 

Greenhouse Gas Tailoring R11/e ·· (75 FR 315 f.l). 

{2) (text unchanged) 

ROBERT M. SUMMERS. Ph. I>. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

Notice of Proposed Action 

[11-025-PJ 

The Secretary ofthe Environment proposes to amend: 

(II Regulations .10 and .lt under COMAR 16.11.01 General 

Administrative Provisions: and 

(2) Regulations .01 and .05 under COMAR 26.11.09 Control 

or Fuel-Burning Equipment, Stationary Internal Combustion 

Engines, and Certain Fuel-Burning Installations. 

Statement or Purpose 

The purpose or this action is to make minor administrative 

corrections to the Department's opacity regulations that became 

effective May 17, 2010. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland's State 

Implementation Plan. 

Background 

The Department's opacity regulations include the general 

Continuous Opacity Monitor (COM) and Continuous Emission 

Monitor (CEM) requirements in .COMAR 26.11.01.10 and .11, 

definitions in COMAR 26.11.09, and the requirements in COMAR 

26.ll.09.0S that provide the procedures for demonstrating 

compliance with visible emissions requirements using COM data. 

Although the opacity regulations became effective on May 17, 2010, 

they must be administratively correct before they are submitted to 

EPA to be included in the approved SIP and federally enforceable. 

The opacity regulations are a first effort in removing the 

applicability of the Department's TM 90-01 . that contain the 

procedures Jor._dcmonstrating_compliancc with- v isible-cmissions 

requirements using COM data. COMAR 26.11.09.05 was expanded 

to include those procedures as they apply to fuel-burning equipment. 

There are two other source categories for which opacity procedures 

must be established before removing the applicability or TM 90-01 

for COMs. The two categories arc municipal waste combustors and 

Portland cement manufacturing plants. 

Sources Affected and Location 

These amendments affect only owners of large fuel-burning 

equipment required to install and operate COMs. 

Requirements 

These amendments are minor administrative corrections that are 

necessary before submitting the regulations to EPA. These 

amendments include: 

I. In COMAR 26.11.01.10A(I)(e) and .IIA(l)(b), correct the size 

of a MWC required to install continuous monitors; 

2. In COMAR 26.11.01.10C(5). clarify that the QNQC for COMs 

is now located in new CO MAR 26.11.31: 

3. In COMAR 26.11.01.11 8(3), clarify the pollutants to be 

continuously measured for MWCs. Kraft pulp mills. and tluidizcd 

bed combu tor ~ 

4. In COMAR 26.1 1.09.0SA(4)(d). correct the size of the low 

capacity factor units; 

5. In COMAR 26.11.09.05A(5) and (6). reinstate the paragraphs 

that were inadvertently omitted relating to the use of Method 9 

observations and the impact of excess emissions on ambient air: and 

6. In COMAR 26. 11 .09E. correct the references to rctlcct the 

relocation of this .section. 

MARYLAND REGISTER. VOLUME 38, ISSUE 2, FRIDAY, JANUARY 14, 2011 
PROPOSED :\CTION ON REGULATIONS 

Comparison to Federal Standards 

There is a corresponding federal standard to this proposed action, 

but the proposed action is not more restrictive or stringent. 

Estimate of Economic Impact 

The proposed action has no economic impact. 

Economic Impact on Small Businesses 

The proposed action has minimal or no economic impact on small 

businesses. 

Impact on Individuals with Disabilities 

The proposed action has no impact on individuals with disabilities. 

Opportunity for Public Comment 

The Department of the Environment will hold a public hearing on 

the proposed action on February I 5, 20 II, at 10 a.m. at the 

Department of the Environment, 1800 Washington Boulevard, 1st 

Floor Conference Rooms. 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, 

Marylartd 21230-1720, or emailed to drabin@mde.state.md.us. 

Comments must be received not later than February 16, 2011, or be 

submitted at the hearing. For more information, call Deborah Rabin 

at (410) 537-3240. 

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices. 

Anyone needing special accommodations at-the public hearing 

should contact the Department's Fair Practices Office at (410) 537· 

3964. 1TY users may contact the Department through the Maryland 

Relay Service at 1·800-735·2258. 

26.11.01 General Administrative Provisions 

Authority: Environment Al1iclc, §§ 1-10 I, 1-404, 2·101-2-103, 2·30 1-2-

303, IO-J02, and 10.103, Annotated Code of Maryland 

.10 Continuous Opacity Monitorin1 Requirements. 

A. Applicability and Exceptions. 

( 1) The provisions of this regulation apply to: 

(a)-(d) (text unchanged) 

(c) A municipal waste combustor with a burning capacity 

!greater than! of3S tons or greater per day. 

(2)-(4) (text unchanged) 

B. (text unchanged) 

C. Certification and Quality Assurance Procedures. 

(I)-(4) (text unchanged) 

(5) JFuell The owner or operator of fuel-burning equipment 

fsubject to the COM requirements in COMAR 26.1l.09Jrequired to 

msta/1 and operate a COM shall meet the quality assurance 

procedures contained in !Technical Memorandum 90·01 ""Continuous 

Emission Monitoring (CEM) Policies and Procedures,"' Part II 

Quality Assurance Requirements for Continuous Opacity Monitoring 

Systems) CO.IIAR 26.1/.3/. 

D. - F. (text unchanged) 

.II Continuous Emission Monitoring Requirements. 

A. Applicability and Exemptions. 

(I) The provisions of this regulation apply to; 

(a) (text um:hangl!d) 

105 

(b) Municipal waste combustors with a burning capacity 

!greater than) of35 tons or g•·ealer per day; 

(c)- (d) (text unchanged) 

(2) (te-xt unchanged) 

R. General Requirements for CEMs. 

(I)-(2) (text unchanged) 

(3) The o\\ ner or operator of: 

(a) A municipal waste combustor (MWC) shall install Ia 

CEM in accordance with the requirements in CO MAR 26. 11.08.07 or 

26.11.08.08, as applicable) CEMs to measure a11d 1·ecord SO.., NO"' 

carbon monoxide: emissions and eirher co~ or o.tygen; 

(b) A Kraft pulp mill shall install a CEM to measure and 

record Jprocess total reduced sulfur in accordance with COMAR 

26.11.14.05) so! and flow~ and 

(c) A fluidized bed combustor of any size shall install CEMs 

to measure and record sulfur dioxide, nitrogen oxide and either 

oxygen or carbon dioxide. 

(4) (text unchanged) 

C. - D. (text unchanged) 

E. Record Keeping and Reporting Requirements. 

(I) CEM System Downtime Reportrng Requirements. 

(a) All CEM system downtime that lasts or is expected to 

last more than 24 hours shall be reported to the Department by 

telephone before I 0 a.m. of the first regular business day following 

the breakdown. 

(b) The system breakdown report required by §E(I)(a) of 

this regulation shall include the reason, if known, for the breakdown 

and the estimated period of time that the CEM will be down. The 

owner or operator of the CEM shall notify the Deportment by 

telephone when an out-of-service CEM is back in operation and 

producing data that has met performance specifications for accuracy, 

reliability, and durability of acceptable monitoring syst-ems, o 

prav/ded·tn·COMAR 26. 11~3/;and ts ·producingdata. 

(2) CEM Data Reporting Requirements. 

(a) A CEM shall automatically reduce all data to 6-minute 

block averages calculated from 36 or more equally spaced data 

points. 

(b) All test results shall be reported in a format approved by 

the Deportment. 

(c) Certification testing shall be repeated when the 

Deportment determines that the CEM data • may not meet 

performance specifications because of component replacement or 

other conditions that affect the quality of generated data. 

(d) A quarterly summary report shall be submitted to the 

Deportment not later than 30 days following each calendar quarter. 

The report shall be in a format approved by the Department, and 

shall include the following: 

(I) The cause, time periods, and magnitude of all 

emissions which exceed the applicable emission standards; 

(ii) The source downtime including the time and date of 

the beginning and end of each downtime period and whether the 

source downtime was planned or unplanned; 

(iii) The time periods <Jnd cartse of all C£.\1 downtime 

i11cluding records of any repairs. adjustments, or maintenance that 

may ciflect the ability nf the C£.\lto meet performance specifications 

of emission_data; 

fivJ Quarterly totals of e:ccess emissions, installation 

downtime. t:Jnd CE.\1 downtime during the calendar quarter: 

(vJ Quarterly q11ality asmrance activities; 

iJ Daily calibration adivities that include reference 

mlues, actual vcdues, absolute or percent of span differences. atl• 

drift .rtatus: and 

(\'ii) Other information required by the Department tiJCit 

is determined to be necessary to evaluate the data. to ensure that 

MARYLAND REGISTER, VOLUME 38, ISSUE l, FRIDAY, JANUARY 14, lOll 
PROPOSED ACTION ON REGULATIONS 

106 

,·omplicmce is tlcllie\'etl. or to determine the (/pplicability of this 

l'eglllation. 

(e) :Ill infornr(ltiOII required by rhis regulation to be 

eported to the Departnrelll shall be retained and made t1vailable for 

rel•iew by the Department for a minimum of2 years from the time tire 

l'eport is submitted. 

26.11.09 Control of Fuel-Burning Equipment, 

Stationary Internal Combustion Engines, and 

Certain Fuel-~urning Installations 

Authority: Environment Article, §§1·101. 1-40-'. 2-101-2-103. 2·301-2-

303, 10-102, and 10-103. Annotated Code of Maryland 

.01 Definitions. 

A. (text unchanged) 

B. Terms Defined. 

(I} (text unchanged) 

(1-1) "Capacity factor'' means: 

(a) -(c) (text unchanged) 

(d) When either ofthe (procedure( procedures in §B(I-l)(a) 

or (b) of this regulation is selected to determine the capacity factor of 

a unit. that same procedure shall apply for that unit. 

(2)- (23) (text unchanged) 

.OS Visible Emiulons. 

A. Fuel Burning Equipment. 

(I)-(3) (text unchanged) 

(4) Fuel Burning Equipment Required to Operate a COM. The 

owner or operator of fuel burning equipment that is subject to the 

requirement to install and operate a COM shall demonstrate 

compliance with the applicable visible emissions limitation specified 

' §A( I) and (2} of this regulation as follows: 

(a)·- (c)'(textunchangcd) 

(d) For units with a capacity factor equal to or less than 25 

percent that operate (less than) 300 hours Of' less per quarter, 

begiMing July I, 2009, compliance with the applicable visible 

emissions limitation in §A(l) and (2) of this regulation is achieved if, 

during a calendar quarter, visible emiss{ons do not exceed the 

applicable standard for more than 12.0 hours, during which time 

visible emissions: 

(i)-(iii) (text unchanged) 

(5) Notwithstanding the requirements in §A(4) of this 

regulation. the Department may determine complian&e and 

noncompliance with the visible emissions limitations specified tn 

§A( I) and (2) of this regulation by performing EPA reforence Method 

9 observations. 

(6) In no instance shall excess emissions exempted under this 

regulation cause or contribute to a violation of any ambient air 

quality standard in ./0 CFR Part 50, as amended, or any applicable 

requirements of ./0 CFR Part60, 6/, or 63. as amended 

B. - D. (text unchanged) 

E. Stationary Internal Combustion Engine Powered Equipment. 

(I)-(3) (text unchanged) 

( 4) Exceptions. 

(a) Section (B(2)( £(2) of this regulation does not apply for 

a period of 2 consecutive minutes after a period of idling of 15 

consecutive minutes for the purpose of clearing the exhaust system. 

(b) Section (B(2)( £(2) of this regulation does not apply to 

emissions resulting directly from cold engine start-up and warm-up 

for the following ma" imum periods: 

(i)-(ii) (text unchanged) 

(c) Section (B(2) and (3) does) £(2} and (3) of this 

regulation do not apply while maintenance, repair. or testing is bdng 

performed by quulitied mechanics. 

ROBERT M. SUMMERS. Ph.D. 

Acting Secretary of the Environment 

Subtitle 11 AIR QUALITY 

:"iotice of Proposed Action 

[11-028-P} 

The Secretary of the Environment proposes to: 

(I) Amend Regulation .10 under COMAR 26.11.02 Permits, 

Approvals, and Registration; 

(2) Amend Regulation .01 and repeal existing Regulation .08-1 

under COMAR 2.6.11.09 Control of Fuel-Burnint Equipment, 

Stationary Internal Combustion En&ines, and Certain FuelBurning Installations; and 

(3) Adopt new Regulations .01 - .04 under a new chapter, 

COMAR 26.11.36 Distributed Generation. 

Statement of Purpose 

The purpose of this action is to: 

I. Establish annual reporting requirements for curtailment 

service providers (CSPs) that negotiate contracts with facilities that 

operate on-site generators/engines; 

2. Relocate to new COMAR 26.11.36, with minor clarification, 

the existing regulation COMAR 26.11.09.08-1 relating to emergency 

generators and load shaving units; 

3. Relocate to new COMAR 26.11.36 without change, specific 

definitions from COMAR 26.11.09.01 pertaining to distributed 

generation and load shaving; and 

4. Under CO MAR 26.11.02.1 OE, revise the location reference 

to the term "load s having" to CO MAR 26. fi.36.0TB. 

Background 

In May 2009, the Department adopted COMAR 26.11.09.08-1 to 

establish NO~ requirements for stationary generators. Generators are 

used, for example, by hospitals and other large facilities to provide 

electric power when the normal supply is interrupted. Most 

generators are uncontrolled and most use diesel fuel that produces 

relatively high NO. emissions per unit of power generated. 

Several years ago the Department determined that many of the 

"emergency" genc:Ntors were being used to reduce on-site peak 

electric load in order to reduce electricity costs and other load 

shaving purposes. Demand response programs offered by the regional 

transmission organization PJM Interconnection (PJM) create various 

incentives to secure additional capacity and reduce load on the 

electric grid during peak demand periods. Demand response 

programs include emergency or various economic programs. The 

demand response programs are designed to incentivize end-use 

customers to reduce their use of electricity from the electric grid 

Customers reduce their electricity use by either operating a generator 

or consuming less electricity through energy efficiency measures or 

other means. in response to electric grid needs or price signals from 

the wholesale market. Emergency demand response programs call on 

participants when a PJM emergency event has been declared. 

CSPs are PJM members which enable facilities 10 participate in 

demand response programs. Some facilities \\ ith generators enter into 

contracts \\ith CSPs for services which typically involve the use of 

on-site dit:scl fired generators and/or the curtailment of electricity use 

from the grid through energy efficiency or other measures. Services 

offered by CSPs may also include remole load management and/or 

facility spccitic load management plans. Contracts wnh l'SPs allow 

MARYLAND REGISTER, VOLUME 38, ISSUE l, FRIDA V, JANUARY 14, 2011