Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter
				  and in COMAR 26.11.03, the following terms have the meanings
				  indicated.
B. Terms Defined.
(1) "Acid rain source" means a new or
				  modified source subject to the provisions of 40 CFR 72, as amended.
(1-1) "Administrative permit amendment" means a revision to
					 a Part 70 permit that satisfies the requirements of COMAR
					 26.11.03.15 a.
(2) "Affected source" means a source that
				  includes one or more affected units.
(3) "Affected states" means all states
				  including the District of Columbia:
(a) Whose
				  air quality may be affected and that are contiguous to Maryland; or
(b) That are within 50 miles of the permitted
				  source.
(4) "Affected
				  unit" means a fossil fuel-fired combustion device that is subject to any acid
				  rain emissions reduction requirement or acid rain emissions limitation as
				  provided in 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part
				  70.
(5) Alternate Operating
				  Scenarios.
(a) "Alternate operating
				  scenarios" means those provisions in a Part 70 permit that allow the permittee
				  to make choices about how the source is operated, as provided in the permit,
				  but without any requirement to revise the permit.
(b) "Alternate operating scenarios" may be
				  included in a Part 70 permit as provided for in COMAR
				  26.11.03.06 a A(9).
(6) "Applicable requirement of the
				  Clean Air Act" means all of the following as they apply to emissions units in a
				  Part 70 source, including requirements that have been promulgated or approved
				  by EPA through rule making, at the time of issuance of the permit but have
				  future effective compliance dates:
(a) A
				  standard or other requirement provided for in the Maryland State Implementation
				  Plan (SIP);
(b) A federally
				  enforceable term or condition of a preconstruction permit and permit to
				  construct issued pursuant to regulations approved or promulgated through rule
				  making under Title I, including those concerning Prevention of Significant
				  Deterioration under Part C or those concerning Nonattainment under Part D of
				  the federal Clean Air Act, as amended,
				  42 U.S.C. §
													7401 et seq.;
(c) A standard or other requirement
				  concerning New Source Performance Standards under § 111 of the Clean Air Act,
				  including standards of performance for existing sources under §
				  111(d);
(d) A standard or other
				  requirement concerning hazardous air pollutants under § 112 of the Clean Air
				  Act, including any requirement concerning accidental release prevention under §
				  112(r)(7) of the Clean Air Act;
(e)
				  A standard or other requirement of the acid rain program under Title IV of the
				  Clean Air Act or the regulations promulgated under it, including 40 CFR Parts
				  72, 73, 75, and 76 as applicable to 40 CFR Part 70 ;
(f) A requirement concerning monitoring and
				  analysis established pursuant to § 504(b) of the Clean Air Act or concerning
				  enhanced monitoring and compliance certification under § 114(a)(3) of the Clean
				  Air Act;
(g) A standard or other
				  requirement governing solid waste combustion under § 129 of the Clean Air
				  Act;
(h) A standard or other
				  requirement for the control of emissions from consumer and commercial products
				  under § 183(e) of the Clean Air Act;
(i) A standard or other requirement for the
				  control of emissions from tank vessels under § 183(f) of the Clean Air
				  Act;
(j) A standard or other
				  requirement of the program to control air pollution from outer continental
				  shelf sources under § 328 of the Clean Air Act;
(k) A standard or other requirement of the
				  regulations promulgated to protect stratospheric ozone, under Title VI of the
				  Clean Air Act, unless EPA has determined that this requirement need not be
				  contained in a Part 70 permit; and
(l) A national ambient air quality standard
				  or increment or visibility requirement under Part C of Title I of the Clean Air
				  Act, but only as it would apply to temporary sources permitted pursuant to §
				  504(e) of the Clean Air Act.
(7) "Applicable requirement of State air
				  pollution control law" means all of the following as they apply to a source:
(a) Environment Article, Title 2, Annotated
				  Code of Maryland; and
(b) All
				  regulations that the Department has adopted under the authority of Environment
				  Article, Title 2, including COMAR 26.11.
(8) "Applicant" means a person who submits an
				  application for a permit.
(9)
				  "Application" means a written request for a permit required by this chapter or
				  by COMAR 26.11.03.
(10) Application
				  Shield.
(a) "Application shield" means that a
				  source for which a timely and complete application for a Part 70 permit has
				  been submitted may continue to be operated until the permit is issued or
				  denied, if the requirements of COMAR
				  26.11.03.01 a D are
				  satisfied.
(b) "Application shield"
				  applies to a Part 70 permit only.
(11) "Approval" means a special category of
				  permit from the Department for a PSD source or an NSR source.
(12) "Clean Air Act" means the federal Clean
				  Air Act, as amended, 42
				  U.S.C. §
												7401 et seq.
(13) "Complete application" means an
				  application that:
(a) Contains all the
				  information required by the Department under Regulation .11, .12, or .14 of
				  this chapter or COMAR
				  26.11.03.02 a and .03 in
				  sufficient detail that allows the Department to begin review of the
				  application; and
(b) Includes
				  additional information that the Department, in its final review of the
				  application, may require to assure that emissions estimates are reasonably
				  accurate and that all applicable requirements will be met.
(14) "Contested case hearing" means a hearing
				  that meets the requirements of State Government Article, Title 10, Subtitle 2,
				  Annotated Code of Maryland.
(15)
				  "Designated representative" has the meaning stated in the provisions concerning
				  acid rain emissions under § 402(26) of the Clean Air Act and the regulations
				  promulgated under it including 40 CFR Parts 72, 73, 75, and 76 as applicable to
				  40 CFR Part 70.
(16) Draft Permit.
(a) "Draft permit" means the version of a
				  Part 70 permit for which the Department offers public notice and an opportunity
				  for public comment and nonadjudicatory hearing in accordance with
				  40 CFR §
													70.7(h) or affected state
				  review under 40 CFR §
													70.8.
(b) "Draft permit" also means a draft
				  approval, permit to construct, or State permit to operate.
(17) "EPA" means the Administrator of the
				  U.S. Environmental Protection Agency or the Administrator's designee.
(17-1) "Emergency stationary internal
				  combustion engine" is defined in 40 CFR Part 60, Subpart IIII or JJJJ, as
				  amended.
(17-2) "Emergency
				  stationary reciprocating internal combustion engine (RICE)" is defined in 40
				  CFR Part 63, Subpart ZZZZ, as amended.
(18) Emissions Unit.
(a) "Emissions unit" means a part or activity
				  of a stationary source, including an installation, that emits or has the
				  potential to emit a regulated air pollutant or hazardous air pollutant listed
				  under § 112(b) of the Clean Air Act.
(b) "Emissions unit" does not alter or affect
				  the definition of the term "unit" for purposes of Title IV of the Clean Air
				  Act.
(19) "Federally
				  enforceable requirements of a permit to construct or State permit to operate"
				  means the provisions of a permit to construct or State permit to operate that
				  meet the requirements of Regulation .03 of this chapter.
(20) "Final permit" means the version of a
				  permit issued after the Department has completed all review procedures
				  required, with respect to the permit, by this chapter and by COMAR
				  26.11.03.
(21) "Fugitive emissions"
				  means those emissions that could not reasonably pass through a stack, chimney,
				  vent, or other functionally equivalent opening.
(22) "General Part 70 permit" means a Part 70
				  permit that meets the requirements of COMAR
				  26.11.03.21 a.
(23) "General permit" means a general Part 70
				  permit, a general permit to construct, or a general State permit to
				  operate.
(24) "General permit to
				  construct" means a permit that meets the requirements of Regulation .09D of
				  this chapter.
(25) "General State
				  permit to operate" means a permit that meets the requirements of Regulation
				  .13H of this chapter.
(26)
				  "Informational meeting" means a meeting that meets the requirements of
				  Environment Article, §
											1-101(g),
				  Annotated Code of Maryland.
(27)
				  "Major source" has the meaning stated in §C of this regulation.
(28) "Maryland State Implementation Plan
				  (SIP)" means the Maryland plan required by § 110 of the Clean Air Act, as
				  approved by EPA.
(29) "Minor permit
				  modification" means a revision to a Part 70 permit that satisfies the
				  requirements of COMAR
				  26.11.03.16 a.
(30) "Off-permit change" means a change to a
				  source covered by a Part 70 permit that meets the requirements of COMAR
				  26.11.03.19 a.
(31) "On-permit change" means a change to a
				  source covered by a Part 70 permit that meets the requirements of COMAR
				  26.11.03.18 a.
(32) "Part 70 permit" means an individual
				  Part 70 permit or group of Part 70 permits covering a Part 70 source, that is
				  issued, renewed, or revised pursuant to COMAR 26.11.03.
(33) Part 70 Source.
(a) "Part 70 source" means a stationary
				  source required to have a Part 70 permit pursuant to COMAR
				  26.11.03.01 a.
(b) A "Part 70 source" may contain one or
				  more emission units.
(34) "Permit" means a written authorization
				  from the Department issued pursuant to this chapter or COMAR 26.11.03,
				  including a Part 70 permit, a State permit to operate, a permit to construct, a
				  general permit, or an approval of a PSD or NSR source.
(35) Permit to Construct.
(a) "Permit to construct" means a permit to
				  construct issued, renewed, or revised pursuant to this chapter.
(b) "Permit to construct" does not mean a
				  Part 70 permit.
(36)
				  "Permittee" means a person who has obtained a permit from the
				  Department.
(37) "Permit
				  modification" means a revision to a Part 70 permit that is a minor permit
				  modification under COMAR
				  26.11.03.16 a or a significant
				  permit modification under COMAR
				  26.11.03.17 a.
(38) "Permit revision" means a revision to
				  the terms and conditions of a permit or approval.
(39) Permit Shield.
(a) "Permit shield" means a provision in a
				  Part 70 permit that satisfies the requirements of COMAR
				  26.11.03.23 a.
(b) "Permit shield" does not apply to a State
				  permit.
(40) Portable
				  Emission Unit.
(a) "Portable emission unit"
				  means an emission unit that is designed to be moved from site to site,
				  including portable asphalt plants, portable stone crushers and screens, and
				  portable stills.
(b) "Portable
				  emission unit" includes other emission units that are designed to be moved from
				  site to site and that are not major sources as defined in the Clean Air
				  Act.
(c) "Portable emission unit"
				  may be a temporary source subject to COMAR
				  26.11.03.22 a.
(41) "Potential to emit" means the
				  maximum capacity of a stationary source to emit an air pollutant under its
				  physical and operational design. A physical or operational limitation on the
				  capacity of a source to emit an air pollutant, including air pollution control
				  equipment and restrictions on hours of operation or on the type or amount of
				  material combusted, stored, or processed, shall be treated as part of its
				  design if the limitation is enforceable by the EPA. This term does not alter or
				  affect the use of this term for any other purposes under the Clean Air Act or
				  the term "capacity factor" as used concerning acid rain emissions in Title IV
				  of the Clean Air Act or the regulations promulgated under it.
(42) "Proposed permit" means the version of a
				  permit that the Department proposes to issue and, if a Part 70 permit, forwards
				  to the EPA for review, as prescribed in COMAR
				  26.11.03.09 a A.
(43) "Public hearing" means a hearing that
				  meets the requirements of Environment Article, §
											1-101(j),
				  Annotated Code of Maryland, and that is held in the county where a proposed
				  source would be located.
(44)
				  "Regulated air pollutant" means the following:
(a) Nitrogen oxides
				  (NOx) or any volatile organic compound (VOC);
(b) A pollutant for which a national ambient
				  air quality standard has been promulgated;
(c) A pollutant that is subject to any new
				  source performance standard promulgated under § 111 of the Clean Air
				  Act;
(d) A Class I or II substance
				  subject to a standard concerning stratospheric ozone protection promulgated
				  under or established by Title VI of the Clean Air Act;
(e) A hazardous air pollutant subject to a
				  standard promulgated under § 112 or other requirements established under § 112
				  of the Clean Air Act, including provisions for modifications under § 112(g),
				  provisions for equivalent emissions limitations by permit under § 112(j), and
				  provisions for prevention of accidental releases under § 112(r) of the Clean
				  Air Act, including the following:
(i) A
				  pollutant subject to requirements under § 112(j) of the Clean Air Act; if the
				  EPA fails to promulgate a standard by the date established pursuant to § 112(e)
				  of the Clean Air Act, a pollutant for which a subject source would be major
				  shall be considered to be regulated on the date 18 months after the applicable
				  date established pursuant to § 112(e) of the Clean Air Act, and
(ii) A pollutant for which the requirements
				  of § 112(g)(2) of the Clean Air Act have been met, but only with respect to the
				  individual source subject to the § 112(g)(2) requirement; or
(f) A greenhouse gas (GHG) as
				  defined in COMAR
				  26.11.01.01 a B(18-1) and subject
				  to regulation under the "Prevention of Significant Deterioration and Title V
				  Greenhouse Gas Tailoring Rule" (75 FR 31514) and the "Deferral for
				  CO2 Emissions from Bioenergy and Other Biogenic Sources
				  under the Prevention of Significant Deterioration and Title V Programs" (76 FR
				  43490).
(45) "Renewal"
				  means the process by which a permit is reissued at the end of its
				  term.
(46) "Reopen" means a
				  decision by the Department, pursuant to COMAR
				  26.11.03.20 a, to reopen a Part 70
				  permit issued under COMAR 26.11.03 so that it may be revised or
				  revoked.
(47) "Responsible
				  official" means one of the following:
(a) For
				  a corporation: a president, secretary, treasurer, or vice-president of the
				  corporation in charge of a principal business function, or another person who
				  performs similar policy or decision-making functions for the corporation, or a
				  duly authorized representative of that person if the representative is
				  responsible for the overall operation of one or more manufacturing, production,
				  or operating facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250
				  persons or have gross annual sales or expenditures exceeding $25,000,000 in
				  second quarter 1980 dollars, or
(ii) The delegation of authority to the
				  representative is approved in advance by the Department;
(b) For a partnership or sole proprietorship:
				  a general partner or the proprietor, respectively;
(c) For a municipal, State, federal, or other
				  public agency: either a principal executive officer or ranking elected
				  official; for the purposes of this chapter and COMAR 26.11.03, a principal
				  executive officer of a federal agency includes the chief executive officer
				  having responsibility for the overall operations of a principal geographic unit
				  of the agency, for example a regional administrator of EPA; or
(d) For affected sources:
(i) The designated representative insofar as
				  actions, standards, requirements, or prohibitions concerning acid rain
				  emissions under Title IV of the Clean Air Act or the regulations promulgated
				  under it; and
(ii) The designated
				  representative for any other purpose under this chapter or COMAR
				  26.11.03.
(48) "Revocation" or "revoke" means a
				  decision by the Department or the EPA to take away a permit before the end of
				  its term or to suspend a permit for a specified period of time.
(49) "Significant permit modification" means
				  a revision to a Part 70 permit that satisfies the requirements of COMAR
				  26.11.03.17 a.
(50) "Solvent-based materials" means any
				  material that contains 25 percent or more VOC by volume as applied, in the
				  volatile portion of the material.
(51) "State-only enforceable" means terms and
				  conditions of a Part 70 permit that the Department has designated to be
				  governed by State law and enforceable only by the State.
(52) "State permit" means an approval, permit
				  to construct, or State permit to operate.
(53) "State permit to operate" means a permit
				  to operate issued, renewed, or revised pursuant to this chapter and which is
				  not a Part 70 permit.
(54)
				  "Stationary source" means a building, structure, facility, or installation that
				  emits or may emit a regulated air pollutant or a pollutant listed under §
				  112(b) of the Clean Air Act.
(55)
				  "Temporary source" means a source subject to COMAR
				  26.11.03.22 a.
(56) "Title I modification" means a physical
				  change or change in operation to a source that qualifies as a:
(a) Modification under § 111 of Title I of
				  the Clean Air Act concerning new source performance standards or § 112 NESHAP
				  including § 112(g) of Title I of the Clean Air Act concerning hazardous air
				  pollutants; or
(b) Major
				  modification concerning the provisions related to prevention of significant
				  deterioration under Part C or the provisions concerning nonattainment review
				  under Part D of Title I of the Clean Air Act.