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 ofMaryland 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 concentrat i on 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-m inute 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 calculatedfrom 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 , (2-101-12·10 3;-2-301- 2-303, 2-401 , (2-403(2-402, and 2-404, AMotated Code ofMaryland 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 i n 38 : 9 Md. 

### R. 562-565 (April 22, 20I I), has been adopted as proposed

. Effective Date : August 22, 2011. ROBERT M. SUMMERS , Ph.D. Secretary ofthe Environment 

# Title 33 STATE BOARD OF ELECTIONS Subtitle 16 PROVISIONAL VOTING 33.16.02 Provisional Voting Documents and

Supplies Authority El ection Law Article. §9-403, Annotated Code ofMaryland 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. belon g ing to a**in l~:**  

### major industrial grouping and that is described as follows ; ( a ) 

### (text unchan g ed) 

### (b) IAI 

### £ r , ·epl a.r 

### pro\
·ic/ e d ill 

### §Cf I ){t() 

### of 

### this regu/uticm, 

### a m a jor stationary source of air pollutants , as de fi ned in §302 of the Ch:an Air Act , th at d i rectly emits , or 

### h as the potenlial to emit. 100 tons per yea r or more of any air pollutant including 

### a m a jor s ource of fugitive em iss i ons of the pollutant, 

### as detennined by ru le by the EPA ; or (c) A m aj or stationary source as 

### defined in 

### Part D of Title J 

### of the Clea n Air Act

. concernin g nonatt ainment areas. including any s t ationary source wh ich emits or has the potential to emit: ( i)

- 

### (ii i) (text unchan ged) (iv) 100 ton s per year or more of carbon monoxide for sources loc a ted in t he areas de si gnated as nonattainment for carbon monoxi de in 40 C FR §8l.321 (1992 edition).(

. ); 

### (d) A GHG source shall not be cons idered a major stationary source of any 

### GHG under §C(I)(b) 

### of th is regulati on unl e ss it 

### is subject to regulation underparagraphs (I) 

### and ( 2 ) 

### of the definition of "Subj ect to regulati on " in 40 

### CFR 70

. 2 , 

### as amend e d by 

### "Preventi on of Sign ificant Deterioration and T i tle 

### V Greenhouse Gas Tailorin g Rul e" (75 

### FR 31514)

. 

### (2)

- (3) (text unchan ged) 

### .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 i a Accordance wit b 40 CFR Part 63, Subpart 

### B. aad Certain 100-Ton Sources

. A. Applicab ility

. E xcept as provided in §B or thi s re gulation, the owne r or operator of a source shall comply with the procedures in this reg ulati on when apply ing for the following : (I) (tex t unchanged ) (2) Except 

### as required
· in Regulation , J1 o f 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 appli cable requirements ofthe 

### 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 ofMaryland 

### .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 Deteriorat ion (PSD) source. as defined in COMAR 26.11.01.018(37)

. which 

### will result in violation of any provi s ion of**~0** 

### CFR §52

. 21. as published in the (2008) 2009 

### edition. 

### as amend ed by 

### the**''Pre~·ention** 

### of Significant Det eriorati on 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 Env ironment 

# Subtitle 11 AIR QUALITY
Notice of Proposed Action [11-025-PJ 

### The Secreta ry ofthe Environment propo s es to amend: (II 

### Re gulations .10 and .lt 

### under COMAR 16.11.01 General Administrative Provisions : and (2) Reg ulations .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 a ction 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 Ag ency (E PA) 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 Em ission Moni t or (CEM) requ i rements 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 w ith vi s i ble emissions requirements using COM data. 

### Althoug h the 

### opac i ty 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 be f ore removing the applicability or TM 90-01 for COMs

. The two categories arc municipal waste combustors and Portland cement manuf acturing plants.
Sources Affected and Location These amendments affect only owners of large fuel-burning equipment requ i red 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 requ i red to install continuous monitors; 2. In COMAR 2 6

. 11.01.10C(5). clarify that the QNQC for COMs is now located in n ew COMAR 26.11.31 : 3. In COMAR 26.11.01.11 8(3), clarify the pollutant s 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 un its ; 

### 5. In COMAR 26.11.09.05A(5) and (6)

. reinstate the paragraphs that were i n adverten tly omitted relating to the use of Method 9 observations and the impact ofexce ss emissions on ambient air: a nd 6. In COMAR 26

. 11

.09E

. correct the reference s to rctlcct the relocation ofthis .se ct ion
.

MARYLAND REGISTER. VOLUME 38, ISSUE 

### 2, FRIDAY, JANUARY 14, 2011PROPOSED :\CTION ON REGULATIONS

Compar i son to Federal Standards There is a correspondi ng f eder al standar d to th is proposed action, but the proposed action is not more re s trict ive or s tri n g ent. Estimate of Economic Impact The proposed act ion has no econom i c impact

. Economic Impact on Small Businesses The proposed action has m inimal or no econom ic impact on small businesses. Impact on Indi viduals with Dis a bilities The proposed act ion has no impact on individuals w ith di s abil ities. Opportunity for Public Comment The Department of the Environment 

### will hold 

### a public hearing on the proposed action on Fe bruary 

### I 5, 20 

### II , at 

### 10 a.m. at the Department of the Environme nt, 1800 Was hi ngt on Boulevard, 1st Floor Conference Room s. Balti more, Maryl a nd 21230-1720. Interested persons are inv ite d to a t tend and express the ir v iew s. Comments may be sent to Deborah Rab in , Reg ul at ions Coordinator , Air and Radiation Manag ement Administration, Department of the Environment, 1800 Was hi ngt on Boulevard, S uit e 7 3 0, Balt imore, Marylartd 21230-1720, or em ai led to drabin @ mde. state.m d. u s
. Comments must be received not later than F e bruary 16, 2011, or be submitted at the hearing. For more informat ion, call Debo rah Rab in at (410) 537-3240. Copies of the proposed a ct ion and s upp ortin g documents are available for review at the f o ll ow ing loc a tions: Th e A ir and Rad iation Management Admin ist ration; regional o ffi ces of the Dep artme nt in Cumberland and Sali s bury ; all local ai r quali ty control o ffi ces; and local health departments in those count ies not havin g separa t e air quality control offices. Anyone needing spec ial accommoda tions at-the public hearing should con tact 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: E nv ironment Al1 iclc , §§ 1-10 I, 1-404 , 2·101-2-103, 2·30 1-2- 303, IO- J 02 , and 10.103, Annotated Code of Maryland 

### .10 Conti nuous Opacity Monitorin1 Requirements. A. App licab ili ty and Exceptions. ( 1) The provisions of this regulation apply to: (a)- (d) (text unchanged) (c) A municipal waste combustor with a burning capacity !grea ter than! of3 S tons or greater per day. (2)- (4) (text unchanged) B. (te xt unch a ng ed) C. Cert ific ati on and Quality Assurance Procedures

. (I)- (4) (te xt unchanged) (5) JFuell T he owner or operator of fuel-burning equ ipment fsubject to the COM requ i rements i n COMAR 26.1l.09Jrequired to msta/1 and operate a COM shall meet the qual ity assurance procedures contained in !Technical Memorandum 90·01 ""Continuous Emi ss ion Mon itorin g (CEM) Polic ies and Procedures,"' Part II Quality A ss urance Requirements for Cont inuous Opacity Monitoring Syste ms ) CO

.II AR 26.1/.3/

. D.

- F. (text un ch ang ed) .II Cont i nuous Emission Monitoring Requirements. A. Applicability and Exempt ions
. (I) T he prov isions of th is regulation apply to ; (a) (text um:hangl!d) 105 (b) Municipal waste combu s tors w ith a burning capac ity ! g reater th a n) of35 tons or g •·ealer per day; (c)- (d) (text unc hang ed) (2) (te-xt unchanged) 

### R. Gen eral Requirements for CEMs. (I)- (2) (text unch a ng ed) ( 3 ) The o\\ ner or operator of : (a) A munic i pal waste combustor (MWC) s hall 

### i nstall 

## Ia C E M in accordance w ith the requ iremen ts in COMAR 26

. 11.08.07 or 2 6.11.08.08, as applicable) CEM s to m easure a11d 1·ecord SO.., 

### NO"' carbon monoxid e: em iss i ons and eirher**co ~**  or o.tygen ; (b) A 

### Kraft pulp mill sh a ll in st a ll a CEM to measure and record Jproce ss total reduced su lfur in accordance w ith COMAR 26.11.14.05) 

## so! and**flow ~**  and (c) A fluidized bed combus tor of any size shall i ns tall C E Ms to measure and record sulfur dioxide , n itro g en ox i de and either oxyg en or carbon dioxide. (4) (text unchanged) C

. - D. (tex t unchang ed) 

### E. R ecord K ee

ping and Reportin g Requirements. (I) CEM S ystem Downt i me Reportr ng Requiremen t s. (a

) All CEM system down ti me that lasts or is expected to last more than 24 hours shall be report e d to the Department by telephone before I

### 0 a.m. of the first regular business dayfollow i ng the breakdown. 

### (b) The system breakdown report required 

### by §E(I)(a) of th is regulation shall include the reason, 

## if known, for the breakdown and the esti mated period of t ime that the CEM w i ll be down. The owner or operator of the CEM shall notify the Deportment by telephone when an out-of-service C EM is back in operation and prod uc in g data that has metperformance specificati ons for accuracy, reliability , and durab ili ty 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 daysfollowing 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 wh ich exceed the applicable emission standards; (ii) The source downtime including the time and date of the beginning and end ofeach downtime period and whether the source downti me was planned or unplanned; ( i ii) 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:J nd 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 un i ts w ith 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 vi sible emi s sions limitation in §A(l) and (2) of this re gulation is achieved i f, durin g a calendar quarter, vi sible emiss { ons do not e x ceed the applicable standard for more than 12.0 hours, during which time visible emis s ions : (i)- (iii) 

### (text unchan g ed) (5) Notwithstanding the requirements in 

### §A(4) of this regulation. the Department may determ ine complian&e and noncompliance wi th t he vis ible emis s ions limitati ons specified tn §A(I) and (2) of this regulation byperforming EPA reforence Method 9 observations. (6) In no instance shall excess emissions exempted under th is 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 unchan ged) E. Stationary Internal Combustion Engine Powered Equ ipment

. ( I )- (3) (text unchanged) (4) Exceptions

. (a ) Section (B(2)( £(2) of this reg ulation 

### doe s not apply for a per iod of 2 

### consecuti ve minu t es after a period of idl ing o f 15 

### consecutive minutes for the purpo s e of clearin g the exh aust s y s tem. (b) Section (B(2)( £(2) of this regulation 

### does not apply to e mi ssions re s u lting directly from cold e n

gi ne start -up and warm
- u p f or the following ma" i mum period s : (i)- (i i ) (text unchan ged) (c) Section (B(2) and (3) does) £(2} and (3) of this re g ulation do 

### not ap ply while maintenance, repair. or testing is bdng performed by quul i tied mechanics. ROBERT M. SUMMERS. Ph.D. Acting Secretary of the Environment 

# Subtitle 11 AIR QUALITY :"iotice of Proposed Action [11-028-P} 

### The Secreta ry of the Environment proposes to: (I) 

### Amend Reg ulation .10 under COMAR 26.11.02 Permits, Approvals, and 

### Registration; ( 2 ) 

### Amend Reg ulation .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 FuelBurn i ng Installations ; and (3) 

### Adopt new Regulations .01

- .04 

### under a new chapter, COMAR 26.11.36 Distributed Generation. Statement of Purpose The purpose o f this action is to: I

. 

### Establi s h an nual reporting requirements for curtailment service prov iders (C S Ps ) that negotiate contracts with facilities that operate on-site genera tors/engines; 2

. 

### Reloc ate to new COMAR 26.11.36, with minor clarification, the existing regulation COMAR 26.11.09.08-1 relating to emergency genera tors and load shaving units; 3. R elocate to new COMAR 26.11.36 without change, specific definitions f rom COMAR 26.11.09.01 pertaining to distributed generation and load shaving; and 

### 4

. Un d er 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~** 

### requ i rements 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 relati vely high NO. emissions per unit of power generated

. Several years ag o the 

### Department determined that many of the "emergency" gen c: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 trans m iss ion or gan izat ion PJM Interconnection (PJM) create various ince nt i ves to s e cure additional capacity and reduce load on the electric grid durin g peak demand periods. Demand response programs i nclude emergency or various economic programs. The dem a nd re s ponse programs are designed to incentivize end-use customers to reduce their use of electricity from the electric grid Customers reduce thei r electricity use by either operating a generator or consuming less electricity through energy efficiency measures or other mean s
. in re s pon se to electric grid needs or price signals from the whole sale market. E mergency demand response programs call on part i cipants when a PJM emergency event has been declared. CSPs are PJM members which enable facilities 10 

### participate in dem a nd r es ponse prog rams. Some facilities \\ ith generators enter into contracts \ \it h CSPs for services which typically i nvolve the use of o n

- s ite dit: s cl fired generators and/or the curtailment of electricity use from the grid throug h energy efficiency or other measures. Services offered by CSPs m a y also include remole load management and/or fac i lity spccitic load management plans. Contracts wnh l'SPs allow

MARYLAND REGISTER, VOLUME 38, ISSUE l, 

### FRIDA V, JANUARY 14, 2011