1. A. The owner and operator of a Large MWC shall minimize NO_x emissions by operating and optimizing the use of all installed pollution control technology and combustion controls consistent with the technological limitations, manufacturers’ specifications, good engineering and maintenance practices, and good air pollution control practices for minimizing emissions (as defined in 40 CFR §60.11(d)) for such equipment and the unit at all times the unit is in operation, including periods of startup, shutdown, and warm-up.

2. B. As of May 1, 2019, the owner or operator of a Large MWC shall meet the following applicable NO_x emission rates, except for periods of startup, shutdown, and warm-up:

   Affected Sources	NOx 24-hour block average emission rate
   Montgomery County Resource Recovery Facility	140 ppmv
   Wheelabrator Baltimore Inc.	150 ppmv

3. C. As of May 1, 2020, the owner or operator of a Large MWC shall meet the requirements of §B of this regulation and the following applicable NO_x emission rates, except for periods of startup, shutdown, and warm-up:

   Affected Sources	NOx 30-day rolling average emission rate
   Montgomery County Resource Recovery Facility	105 ppmv
   Wheelabrator Baltimore Inc.	145 ppmv

4. D. Startup, Shutdown, and Warm-Up NO_x Emission Limitations.

   1. (1) As of May 1, 2019, a facility-wide NO_x emission limit of 202 lbs/hr timed average mass loading over a 24-hour period shall apply during periods of startup and shutdown for the Montgomery County Resource Recovery Facility.
   2. (2) As of May 1, 2019, a facility-wide NO_x emission limit of 252 lbs/hr timed average mass loading over a 24-hour period shall apply during periods of startup and shutdown for Wheelabrator Baltimore Inc.
   3. (3) As of May 1, 2019, on days when the unit is in startup, the NO_x 24-hour block average emission rate under §B of this regulation will apply for the 24-hour period after startup is completed.
   4. (4) As of May 1, 2019, on days when the unit is in shutdown, the NO_x 24-hour block average emission rate under §B of this regulation will apply for the 24-hour period prior to the commencement of shutdown.
   5. (5) As of January 1, 2020, a facility-wide NO_x emission limit of 202 lbs/hr timed average mass loading over the warm-up period shall apply for the Montgomery County Resource Recovery Facility.
   6. (6) As of January 1, 2020, a unit-specific NO_x emission limit of 84 lbs/hr timed average mass loading over the warm-up period shall apply for Wheelabrator Baltimore Inc.

5. E. Additional NO_x Emission Control Requirements.

   1. (1) Not later than January 1, 2020, the owner or operator of Wheelabrator Baltimore Inc. shall submit a feasibility analysis for additional control of NO_x emissions from the Wheelabrator Baltimore Inc. facility to the Department. This analysis shall be prepared by an independent third party and include the following:

      1. (a) A written narrative and schematics detailing existing facility operations, boiler design, NO_x control technologies, and relevant emission performance;
      2. (b) A written narrative and schematics detailing various state-of-the-art NO_x control technologies for achieving additional NO_x emission reductions from existing MWCs, including technologies capable of achieving NO_x emission levels comparable to those for a new source in consideration of the overall facility design at Wheelabrator Baltimore Inc.;
      3. (c) An analysis of whether each state-of-the-art control technology identified under §E(1)(b) of this regulation could technically be implemented at the Wheelabrator Baltimore Inc. facility;
      4. (d) Capital and operating costs, NO_x emission benefits, and air quality impacts resulting from installation of each state-of-the-art control technology as identified under §E(1)(b) of this regulation; and
      5. (e) An estimated timeline for installation of each state-of-the-art control technology as identified under §E(1)(b) of this regulation which shall include design time, construction, operational testing, and start up.
   2. (2) Upon written request, Wheelabrator Baltimore Inc. shall submit any other information that the Department determines is necessary to evaluate the feasibility analysis.
   3. (3) Not later than January 1, 2020, based upon the results of the feasibility analysis as required under §E(1) of this regulation, the owner or operator of Wheelabrator Baltimore Inc. shall propose and submit a NO_x 24-hour block average emission rate, NO_x 30-day rolling average emission rate, and NO_x mass loading emission limitation for periods of startup, shutdown, malfunction, and warm-up.
6. F. The owner or operator of a Large MWC shall continuously monitor NO_x emissions with a continuous emission monitoring system in accordance with COMAR 26.11.01.11.
7. G. Not later than 45 days after the effective date of this regulation, the owner or operator of a Large MWC shall submit a plan to the Department and EPA for approval that demonstrates how the Large MWC will operate installed pollution control technology and combustion controls to meet the requirements of §A of this regulation. The plan shall summarize the data that will be collected to demonstrate compliance with §A of this regulation. The plan shall cover all modes of operation, including but not limited to normal operations, startup, shutdown, and warm-up.

8. H. Beginning July 1, 2019, the owner or operator of a Large MWC shall submit a quarterly report to the Department containing:

   1. (1) Data, information, and calculations which demonstrate compliance with the NO_x 24-hour block average emission rate as required in §B of this regulation;
   2. (2) Data, information, and calculations, including NO_x continuous emission monitoring data and stack flow data, which demonstrate compliance with the startup, shutdown, and warm-up mass NO_x emission limits as required in §D of this regulation;
   3. (3) Flagging of periods of startup, shutdown, and warm-up and exceedances of emission rates;
   4. (4) NO_x continuous emission monitoring data and total urea flow rate to the boiler averaged over a 1-hour period, in a Microsoft Excel format; and
   5. (5) Documented actions taken during periods of startup, shutdown, and warm-up in signed, contemporaneous operating logs.
9. I. Beginning July 1, 2020, the quarterly report to be submitted pursuant to §H of this regulation shall also include data, information, and calculations which demonstrate compliance with the NO_x 30-day rolling average emission rate as required in §C of this regulation.
10. J. No less than 2 weeks advance notice and the opportunity to observe activities shall be provided to the Department prior to any optimization procedure, including installation or operation of NO_x emission control technology, for the express purpose of complying with the requirements of §E(1) of this regulation.
11. K. Compliance with the NO_x emission standards in §§B, C, and D of this regulation shall be demonstrated with a continuous emission monitoring system.

12. L. Compliance with the NO_x Mass Loading Emission Limitation for the Montgomery County Resource Recovery Facility.

    1. (1) Compliance with the NO_x mass loading emission limitation for periods of startup and shutdown in §D(1) of this regulation shall be demonstrated by calculating the 24-hour average of all hourly average NO_x emission concentrations from continuous emission monitoring systems.
    2. (2) The calculations in §L(1) of this regulation shall utilize stack flow rates derived from flow monitors, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.
    3. (3) Compliance with the NO_x mass loading emission limitations for warm-up periods in §D(5) of this regulation shall be demonstrated by calculating the average of all hourly average NO_x emission concentrations during the warm-up period from continuous emission monitoring systems.
    4. (4) The calculations in §L(3) of this regulation shall utilize stack flow rates derived from flow monitors, for all the hours during the warm-up period.

13. M. Compliance with the NO_x Mass Loading Emission Limitation for the Wheelabrator Baltimore Inc.

    1. (1) Compliance with the NO_x mass loading emission limitation for periods of startup and shutdown in §D(2) of this regulation shall be demonstrated by calculating the 24-hour average of all hourly average NO_x emission concentrations from continuous emission monitoring systems.
    2. (2) The calculations in §M(1) of this regulation shall utilize the applicable Prevention of Significant Deterioration calculation methodology, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.
    3. (3) Compliance with the NO_x mass loading emission limitations for warm-up periods in §D(6) of this regulation shall be demonstrated by calculating the average of all hourly average NO_x emission concentrations during the warm-up period from continuous emission monitoring systems.
    4. (4) The calculations in §M(3) of this regulation shall utilize the applicable Prevention of Significant Deterioration calculation methodology, for all the hours during the warm-up period.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-406, 10-102, and 10-103, Annotated Code of Maryland

Effective date: July 18, 1980 (7:12 Md. R. 1148)

Regulations .01B, .04A and B, and .05A and B amended; .01D and .06 adopted effective March 25, 1984 (11:3 Md. R. 202)

Regulations .01C, .03A, .04C, and .05A amended effective June 8, 1981 (8:9 Md. R. 800)

Regulations .01, .03, .04, and .05 amended effective December 3, 1984 (11:22 Md. R. 1899)

Regulation .05A amended effective January 18, 1982 (8:25 Md. R. 1995)

For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.

Chapter recodified from COMAR 10.18.08 to COMAR 26.11.08

Regulation .01 amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); November 17, 1997 (24:23 Md. R. 1612)

Regulation .01B amended effective April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); October 8, 2007 (34:20 Md. R. 1741); April 2, 2012 (39:6 Md. R. 411); February 15, 2016 (43:3 Md. R. 273); December 6, 2018 (45:24 Md. R. 1163); May 4, 2020 (47:9 Md. R. 476)

Regulation .02 amended effective December 2, 1988 (15:22 Md. R. 2556); November 17, 1997 (24:23 Md. R. 1612); December 6, 2018 (45:24 Md. R. 1163)

Regulation .02B amended effective November 23, 1992 (19:23 Md. R. 2042); September 12, 2005 (32:18 Md. R. 1522)

Regulation .02D, E amended effective October 8, 2007 (34:20 Md. R. 1741)

Regulation .02G amended effective April 17, 2000 (27:7 Md. R. 707)

Regulation .02H adopted effective April 17, 2000 (27:7 Md. R. 707)

Regulation .02I adopted effective April 2, 2012 (39:6 Md. R. 411)

Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .03C amended effective December 2, 1988 (15:22 Md. R. 2556); April 22, 1991 (18:6 Md. R. 689)

Regulation .04A amended effective November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); December 6, 2018 (45:24 Md. R. 1163)

Regulation .04C amended effective November 23, 1992 (19:23 Md. R. 2042); November 24, 2003 (30:23 Md. R. 1653)

Regulation .04D adopted effective February 15, 2016 (43:3 Md. R. 273)

Regulation .05 amended effective December 2, 1988 (15:22 Md. R. 2556); November 23, 1992 (19:23 Md. R. 2042); April 17, 2000 (27:7 Md. R. 707); September 12, 2005 (32:18 Md. R. 1522); December 6, 2018 (45:24 Md. R. 1163)

Regulation .05B amended effective April 22, 1991 (18:6 Md. R. 689)

Regulation .07 adopted effective December 2, 1988 (15:22 Md. R. 2556)

Regulation .07 amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .07, Requirements for Certain Municipal Waste Combusters, renamed, Requirements for Municipal Waste Combustors with a Capacity of 35 Tons or Greater Per Day and Less Than or Equal To 250 Tons Per Day, effective February 15, 2016 (43:3 Md. R. 273)

Regulation .07A amended effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .07D amended effective July 22, 1991 (18:13 Md. R. 1484)

Regulation .07E amended effective July 16, 1990 (17:11 Md. R. 1344); July 22, 1991 (18:13 Md. R. 1484); August 19, 1991 (18:16 Md. R. 1813); November 17, 1997 (24:23 Md. R. 1612)

Regulation .07 repealed and new Regulation .07 adopted effective September 12, 2005 (32:18 Md. R. 1522)

Regulation .07 amended effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08 adopted effective November 9, 1990 (17:19 Md. R. 2322); recodified to Regulation .09 and amended effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .08 adopted effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .08 repealed and new Regulation .08 adopted effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .08 amended effective October 8, 2007 (34:20 Md. R. 1741); February 15, 2016 (43:3 Md. R. 273)

Regulation .08C, D amended effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .08-1 adopted effective April 17, 2000 (27:7 Md. R. 707)

Regulation .08-1 repealed effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08-1A, B amended effective April 2, 2012 (39:6 Md. R. 411)

Regulation .08-2 adopted effective April 2, 2012 (39:6 Md. R. 411)

Regulation .08-2 amended effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .08-2E amended as an emergency provision effective July 4, 2012 (39:17 Md. R. 1146); amended permanently effective November 26, 2012 (39:23 Md. R. 1533)

Regulation .09B, C amended effective April 17, 2000 (27:7 Md. R. 707)

Regulation .09D amended effective January 1, 1996 (22:26 Md. R. 2032)

Regulation .09F amended effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .09H amended effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .10 adopted effective November 23, 1992 (19:23 Md. R. 2042)

Regulation .10 repealed effective November 17, 1997 (24:23 Md. R. 1612)

Regulation .10 adopted effective December 6, 2018 (45:24 Md. R. 1163)

Regulation .10 amended effective May 4, 2020 (47:9 Md. R. 476)