1. A. Fuel Burning Equipment.

   1. (1) Areas I, II, V, and VI. In Areas I, II, V, and VI, a person may not cause or permit the discharge of emissions from any fuel burning equipment, other than water in an uncombined form, which is greater than 20 percent opacity.
   2. (2) Areas III and IV. In Areas III and IV, a person may not cause or permit the discharge of emissions from any fuel burning equipment, other than water in an uncombined form, which is visible to human observers except that, for the purpose of demonstrating compliance using COM data, emissions that are visible to a human observer are those that are equal to or greater than 10 percent opacity.

   3. (3) Exceptions. Section A(1) and (2) of this regulation do not apply to emissions during load changing, soot blowing, startup, or adjustments or occasional cleaning of control equipment if:

      1. (a) The visible emissions are not greater than 40 percent opacity; and
      2. (b) The visible emissions do not occur for more than 6 consecutive minutes in any sixty minute period.

   4. (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 in §A(1) and (2) of this regulation as follows:

      1. (a) For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4 percent of the unit's operating time in any calendar quarter, during which time visible emissions:

         1. (i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is greater;
         2. (ii) Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and
         3. (iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two (2) six-minute periods;

      2. (b) For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 2 percent of the unit's operating time in any calendar quarter, during which time visible emissions:

         1. (i) Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is greater;
         2. (ii) Do not exceed 70.0 percent opacity for more than four (4) six-minute periods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and
         3. (iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods;

      3. (c) For units with a capacity factor equal to or less than 25 percent that operate more than 300 hours per quarter, beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 20.0 hours, during which time visible emissions:

         1. (i) Do not exceed 40.0 percent opacity for more than 2.2 hours;
         2. (ii) Do not exceed 70 percent for more than four 6-minute periods; and
         3. (iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods; and

      4. (d) For units with a capacity factor equal to or less than 25 percent that operate 300 hours or less per quarter, beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 12.0 hours, during which time visible emissions:

         1. (i) Do not exceed 40.0 percent opacity for more than 2.2 hours;
         2. (ii) Do not exceed 70.0 percent opacity for more than four 6-minute periods; and
         3. (iii) On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods.
   5. (5) Notwithstanding the requirements in §A(4) of this regulation, the Department may determine compliance and noncompliance with the visible emissions limitations specified in §A(1) and (2) of this regulation by performing EPA reference Method 9 observations.
   6. (6) In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any ambient air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, or 63, as amended.

2. B. Determining Violations.

   1. (1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a calendar quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as applicable, exceeds the emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a separate day of violation.
   2. (2) A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), of this regulation, as applicable, that occur on the same day shall constitute separate violations.
   3. (3) A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation.

3. C. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning equipment subject to any federal requirement that mandates operation of a COM and as provided in §D of this regulation, the owner or operator of fuel burning equipment required to install and operate a COM may discontinue the operation of the COM on fuel burning equipment that is served by a flue gas desulfurization device:

   1. (1) When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment;
   2. (2) When the flue gas desulfurization device serving the equipment is in operation;
   3. (3) If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, as amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from the equipment and would impede the accuracy of opacity measurements; and

   4. (4) If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring opacity levels and particulate matter emissions from the stack that includes:

      1. (a) A schedule for monthly observations of visible emissions from the stack by a person trained to perform Method 9 observations; and
      2. (b) Installation and operation of a particulate matter CEM that complies with all applicable State and federal requirements for particulate matter CEMs.
4. D. If, for units equipped with a flue gas desulfurization device, emissions bypass the device and are discharged through a bypass stack, the bypass stack shall be equipped with a COM approved by the Department.

5. E. Stationary Internal Combustion Engine Powered Equipment.

   1. (1) Definitions. For the purpose of this section:

      1. (a) “Idle” means the condition during which the engine is not performing the useful net work that enables the piece of equipment to accomplish its designated purpose.
      2. (b) “Internal combustion engine” (hereafter “engine”) means all engines except those used for propulsion of ships or vehicles licensed to operate upon the public highway within the State, or engines employed solely for agricultural and recreational purposes unless they are an integral part of a stationary installation.
   2. (2) Emissions During Idle Mode. A person may not cause or permit the discharge of emissions from any engine, operating at idle, greater than 10 percent opacity.
   3. (3) Emissions During Operating Mode. A person may not cause or permit the discharge of emissions from any engine, operating at other than idle conditions, greater than 40 percent opacity.

   4. (4) Exceptions.

      1. (a) Section E(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.

      2. (b) Section E(2) of this regulation does not apply to emissions resulting directly from cold engine start-up and warm-up for the following maximum periods:

         1. (i) Engines that are idled continuously when not in service: 30 minutes;
         2. (ii) All other engines: 15 minutes.
      3. (c) Section E(2) and (3) of this regulation do not apply while maintenance, repair, or testing is being performed by qualified mechanics.

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

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

Regulations .04A, B, .06B, and .08B, and Table 1, amended effective June 8, 1981 (8:9 Md. R. 800)

Regulations .04, .05A, .06, .07B, .08C, Table 1, and Figure 2 amended effective April 16, 1984 (11:5 Md. R. 463)

Regulation .05A amended effective December 3, 1984 (11:22 Md. R. 1899)

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

Tables and Diagrams codified as Regulation .09

Chapter recodified from COMAR 10.18.09 to COMAR 26.11.09

Regulation .01 amended effective May 10, 1993 (20:9 Md. R. 781); June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); September 7, 1998 (25:18 Md. R. 1438); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724)

Regulation .01B amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522)

Regulation .01B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. R. 839)

Regulation .01B amended effective May 18, 2009 (36:10 Md. R. 718); May 17, 2010 (37:10 Md. R. 724); September 20, 2010 (37:19 Md. R. 1285); June 13, 2011 (38:12 Md. R. 708); August 22, 2011 (38:17 Md. R. 1014); September 19, 2011 (38:19 Md. R. 1148); April 28, 2014 (41:8 Md. R. 474); February 12, 2018 (45:3 Md. R. 158)

Regulation .02 amended effective September 19, 2011 (38:19 Md. R. 1148)

Regulation .02B, C adopted effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .03C amended effective June 21, 2004 (31:12 Md. R. 914)

Regulation .04A, B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. R. 839)

Regulation .04A, B amended effective February 12, 2018 (45:3 Md. R. 158)

Regulation .04C amended effective April 28, 2014 (41:8 Md. R. 474)

Regulation .05 amended effective November 11, 2002 (29:22 Md. R. 1724); May 17, 2010 (37:10 Md. R. 724)

Regulation .05A amended effective November 24, 2003 (30:23 Md. R. 1653)

Regulation .05A, E amended effective August 22, 2011 (38:17 Md. R. 1014)

Regulation .06 amended effective November 11, 2002 (29:22 Md. R. 1724)

Regulation .06C adopted effective June 21, 2004 (31:12 Md. R. 914)

Regulation .06D adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 839)

Regulation .06D amended effective April 28, 2014 (41:8 Md. R. 474); February 12, 2018 (45:3 Md. R. 158)

Regulation .07B amended effective April 28, 2014 (41:8 Md. R. 474)

Regulation .08 repealed and new Regulation .08 adopted effective May 10, 1993 (20:9 Md. R. 781)

Regulation .08 amended effective June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); October 18, 1999 (26:21 Md. R. 1631); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724)

Regulation .08A amended effective November 24, 2003 (30:23 Md. R. 1653)

Regulation .08C amended effective March 3, 2014 (41:4 Md. R. 306)

Regulation .08H amended effective July 20, 2015 (42:14 Md. R. 884)

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

Regulation .08I amended effective July 20, 2015 (42:14 Md. R. 884)

Regulation .08-1 adopted effective May 18, 2009 (36:10 Md. R. 718)

Regulation .08-1 amended effective September 20, 2010 (37:19 Md. R. 1285)

Regulation .08-1 repealed effective June 13, 2011 (38:12 Md. R. 708)

Regulation .09 amended effective November 11, 2002 (29:22 Md. R. 1724); April 28, 2014 (41:8 Md. R. 474)

Regulation .10 adopted effective September 7, 1998 (25:18 Md. R. 1438)

Regulation .10 amended effective September 19, 2011 (38:19 Md. R. 1148)

Regulation .10A amended effective April 28, 2014 (41:8 Md. R. 474)

Regulation .11 adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 839)

Regulation .11 repealed effective February 12, 2018 (45:3 Md. R. 158)

Regulation .12 adopted effective April 28, 2014 (41:8 Md. R. 474)