Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.15 - Toxic Air Pollutants › Section 26.11.15.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Acceptable ambient level (AAL)" means a
				  concentration of a toxic air pollutant in the atmosphere that the Department
				  determines will provide a margin of safety to protect the public health from
				  toxic, noncarcinogenic effects that may be caused by the toxic air pollutant
				  and that is used to evaluate the air quality impacts of all premises within a
				  5-kilometer (3.1-mile) radius. AALs are listed in COMAR
				  26.11.16.09 a.
(2) "Allowable emissions" means the maximum
				  emissions a source or installation is capable of discharging after
				  consideration of any physical or operational limitations required by this
				  subtitle or by enforceable conditions included in an applicable air quality
				  permit to construct, permit to operate, secretarial order, plan for compliance,
				  consent agreement, or court order.
(3) Best Available Control Technology for
				  Toxics (T-BACT).
(a) "T-BACT" means control
				  technology that results in the maximum degree of emission reduction that the
				  Department determines, on a case-by-case basis, is available for each toxic air
				  pollutant discharged by the installation, taking into account the potency and
				  toxicity of each toxic air pollutant and the technical and economic feasibility
				  of control.
(b) "T-BACT" includes
				  production, operation, and maintenance procedures, emission control technology,
				  and other emission reduction technologies or a combination of these
				  technologies and procedures.
(c)
				  "T-BACT", as applicable to a MACT source, means:
(i) A requirement that has been adopted by
				  the US EPA under 40 CFR 63 and that applies to the installation, source, source
				  category, or subcategory;
(ii) A
				  new source MACT as established by the Department in accordance with the
				  provisions of 40 CFR §§
														63.40-
				  63.44;
(iii) Alternative standard approved by the
				  EPA Administrator; or
(iv)
				  Alternative emission limitation approved by the Department in accordance with
				  40 CFR Part 63, Subpart D.
(4) "Class I toxic air pollutant (Class I
				  TAP)" means a substance or group of substances that is listed in COMAR
				  26.11.16.06 a.
(5) "Class II toxic air pollutant (Class II
				  TAP)" means any substance that is not a Class I TAP, for which there is no
				  ambient air quality standard under this subtitle, that is not a simple
				  asphyxiant or nuisance particulate, and that is:
(a) A health hazard as that term is defined
				  at 29 CFR §
													1915.1200 (July 1, 1994); or
(b) Listed in COMAR
				  26.11.16.07 a B as an existing
				  source Class II TAP, either individually or as a member of a group of
				  substances.
(6) "EPA's
				  Risk Assessment Guidelines" means the U.S. Environmental Protection Agency's
				  Guidelines for Carcinogenic Risk Assessment, 51 FR 33992 (September 24,
				  1986).
(7) "Existing installation,
				  existing source, or existing premises" means an installation, source, or
				  premises, respectively, constructed before July 1, 1988, or for which the
				  Department issued an air quality permit to construct before July 1, 1988. Any
				  existing installation that is modified but that is not reconstructed after July
				  1, 1988, remains an existing installation.
(7-1) "Hazardous air pollutant (HAP)" means any of the
					 hazardous air pollutants listed in § 112(b) of the federal Clean Air Act of
					 1990, 42 U.S.C. §§
													7401-
					 7671.
(8) "Insignificant risk concentration (IRC)"
				  means a concentration of a Class I toxic air pollutant in the atmosphere that
				  would result in an excess individual lifetime cancer risk of not more than 1 in
				  100,000 (1 X 10 superscript -5) assuming continuous exposure for 70 years and
				  using procedures consistent with EPA's Risk Assessment Guidelines. IRCs are
				  listed in COMAR
				  26.11.16.09 a.
(9) "Installation" has the meaning given in
				  COMAR 26.11.01.01 a, except that for
				  purposes of this chapter, installation does not include air pollution control
				  equipment as defined in COMAR
				  26.11.01.01 a.
(9-1) "MACT source" means a NESHAP source that is subject
					 to the requirements in 40 CFR 63 ;
(9-2) "Maximum achievable control technology (MACT)", as
					 applicable, means:
(a) MACT emission
				  limitation for existing sources as defined in
				  40 CFR §
													63.51; or
(b) MACT emission limitation for new sources
				  as defined in 40 CFR §
													63.51.
(10) "New installation, new source, or new
				  premises" means an installation, source, or premises, respectively, constructed
				  or reconstructed on or after July 1, 1988, except as provided under §B(7) of
				  this regulation.
(10-1) "New source MACT" means maximum achievable control
					 technology (MACT) emission limitation for new sources as defined in
					 40 CFR §
													63.41.
(11) "Nuisance particulate" means dust that,
				  when inhaled, causes a potentially reversible lung tissue reaction in which the
				  architecture of the lung's air spaces remains intact, and collagen (scar
				  tissue) is not formed to a significant extent. Examples of nuisance
				  particulates are listed in COMAR
				  26.11.16.08 a.
(12) "Premises" means all the installations
				  or other sources that are located on contiguous or adjacent properties and that
				  are under the control of one person or under common control of a group of
				  persons.
(13) "Reconstruct" means
				  to replace components of an existing installation, or add components to an
				  existing installation, to such an extent that the fixed capital cost of the new
				  components exceeds 50 percent of the fixed capital cost that would be required
				  to construct a comparable entirely new installation. Reconstruct does not
				  include replacement or additions that do not:
(a) Cause the discharge of different toxic
				  air pollutants;
(b) Cause
				  applicable screening levels to be exceeded; and
(c) Increase the ambient concentration of any
				  Class I toxic air pollutant.
(14) "Screening analysis" means an optional
				  procedure for demonstrating compliance with Regulation .06 of this chapter that
				  compares maximum incremental ambient impacts with applicable screening
				  levels.
(15) "Screening level"
				  means a concentration of a toxic air pollutant in the atmosphere used to
				  evaluate the air quality impacts of a single premises. Screening level includes
				  the following:
(a) "Risk-based screening
				  level" means a concentration of a Class I toxic air pollutant in the atmosphere
				  as determined under COMAR
				  26.11.16.03 a;
(b) "Special screening level (SSL)" means a
				  concentration of a toxic air pollutant in the atmosphere that replaces a TLV or
				  threshold-based screening level. Special screening levels are listed in COMAR
				  26.11.16.09 a;
(c) "TLV-based screening level" means a
				  concentration of a Class I or Class II toxic air pollutant in the atmosphere as
				  determined under COMAR
				  26.11.16.03 a;
(d) "Threshold-based screening level" means a
				  concentration of a Class I or Class II toxic air pollutant in the atmosphere as
				  determined under COMAR
				  26.11.16.03 a when a TAP has
				  neither a TLV-based nor a special screening level.
(16) "Second tier analysis" means an optional
				  procedure for demonstrating compliance with Regulation .06 of this chapter
				  using an acceptable ambient level or an insignificant risk concentration, as
				  provided in COMAR
				  26.11.16.02 a, instead of a
				  screening level.
(17) "Simple
				  asphyxiant" means a physiologically inert gas or vapor that acts primarily by
				  diluting atmospheric oxygen below the level required to maintain proper levels
				  of oxygen in the blood. Examples of simple asphyxiants are listed in COMAR
				  26.11.16.08 a.
(18) "Threshold limit value (TLV)" means the
				  airborne concentration of a substance that, according to the American
				  Conference of Governmental Industrial Hygienists (ACGIH), represents conditions
				  to which nearly all workers may be exposed without adverse effect and that is
				  published in the chapter titled "1991-1992 Threshold Limit Values for Chemical
				  Substances in the Work Environment" (Adopted by ACGIH with Intended Changes for
				  1991-1992), which is incorporated by reference. This chapter is found in the
				  TLV booklet, defined in §B(19) of this regulation. TLV includes the following:
(a) "Ceiling TLV (TLV-C)" means a
				  concentration that ACGIH indicates should not be exceeded even instantaneously
				  in a workplace;
(b) "Short term
				  exposure limit (TLV-STEL or STEL)" means a 15-minute time-weighted average
				  concentration that ACGIH indicates should not be exceeded at any time during a
				  workday;
(c) "Threshold limit
				  value-time weighted average (TLV-TWA)" means a concentration recommended by
				  ACGIH for a normal 8-hour workday and 40-hour workweek.
(19) "TLV booklet" means "1991-1992 Threshold
				  Limit Values for Chemical Substances and Physical Agents and Biological
				  Exposure Indices" (American Conference of Governmental Industrial Hygienists,
				  1991).
(20) Toxic Air Pollutant.
(a) "Toxic air pollutant (TAP)" means any
				  Class I or Class II toxic air pollutant, as defined in §B(4) and (5) of this
				  regulation.
(b) "Toxic air
				  pollutant" does not include particulate matter and volatile organic compounds
				  as generic classes of substances, but an individual substance or a group of
				  substances within either of these classes is a TAP if it meets a criterion in
				  §B(4) or (5) of this regulation.
(21) "Upper bound unit risk factor" means the
				  95 percent upper confidence limit of an estimate of the extra risk of cancer
				  associated with a continuous 70-year exposure to 1 microgram/cubic meter of a
				  Class I toxic air pollutant.