Md. Code Regs. 26.11.09.06 – Control of Particulate Matter.

A. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI:
1. (1) Fuel Burning Equipment Constructed Before January 17, 1972. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in the fuel burning equipment erected before January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 1 in Regulation .09 of this chapter.
2. (2) New Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in any fuel burning equipment erected on or after January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 2 in Regulation .09 of this chapter.
3. (3) Exceptions.
  1. (a) The control officer may grant exceptions to §A(1) of this regulation under the following conditions:
    1. (i) When the application of §A(1), of this regulation, to a residential building housing two or less families creates undue economic hardship on individuals residing in it; or
    2. (ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices.
  2. (b) Fuel burning equipment on ships is exempt from the provisions of this regulation.
  3. (c) The requirements in Figure 1 and Figure 2 in Regulation .09 of this chapter do not apply to fuel-burning equipment burning gas or distillate oil.
B. Areas III and IV. The following apply in Areas III and IV:
1. (1) Dust-Collector Devices Required.
  1. (a) A person may not cause or permit the combustion of residual fuel oil in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to satisfy the requirements of Table 1 in Regulation .09 of this chapter. This paragraph does not apply to fuel burning equipment where by-product gases or by-product gases in combination with residual fuel oil are burned and where the effluent gases do not contain particulate matter in excess of the requirements of Table 1 (see Regulation .09 of this chapter), as applicable to residual oil burning.
  2. (b) A person may not cause or permit the combustion of solid fuel in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to meet the emission requirements of Table 1 in Regulation .09 of this chapter.
2. (2) Residual Fuel-Oil-Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of residual fuel oil to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter.
3. (3) Solid Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter.
4. (4) Gas or Distillate Fuel-Oil-Burning Equipment. The requirements in Table 1 in Regulation .09 of this chapter do not apply to gas or distillate oil fuel-burning equipment.
5. (5) Rotary Cup Burners. A person may not cause or permit the operation of a rotary cup burner on fuel-oil burning equipment having a maximum rated heat input of 13.0 million BTU (13.7 gigajoules) per hour or less, unless the fuel burning equipment operates on less than 60 days per calendar year.
6. (6) Exceptions.
  1. (a) Fuel burning equipment burning gas with an interruptible gas service is exempt from the provisions of §B(1) and (2) of this regulation.
  2. (b) Fuel oil burning equipment which has been fitted with a dust collector or for which a dust collector contract has been let before July 1, 1974, is exempt from the provisions of §B(5) of this regulation.
  3. (c) The control officer may grant exceptions to §B(3) and (4) of this regulation under the following conditions:
    1. (i) When the application of either requirement to a residential building housing two or less families creates undue economic hardship on individual families residing there; or
    2. (ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices.
  4. (d) Fuel burning equipment on ships is exempt from the provisions of this regulation.
C. Determination of Compliance. Compliance with the particulate matter emissions standards in this regulation shall be calculated as the average of 3 test runs using EPA Test Method 5 or other United States Environmental Protection Agency test method approved by the Department.
D. Small Wood Boilers and Biomass Fuel-Burning Equipment.
1. (1) Small wood boilers are exempt from the provisions of §§A and B of this regulation.
2. (2) The provisions of §§A and B of this regulation shall not apply to fuel-burning equipment installed after May 1, 2014 that burns only biomass fuels; however, the particulate matter requirements of Regulation .12 of this chapter apply.

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)