1. A. Applicability.

   1. (1) Sources Subject to Permit Requirements. Except as provided in this regulation and in Regulation .06 of this chapter, any installation or source that discharges a Class I or Class II TAP into the ambient air is subject to the requirements of this chapter if the installation or source:

      1. (a) Is required to obtain a permit to construct or approval under COMAR 26.11.02.09; or
      2. (b) Either has obtained, or was required to obtain, a State permit to operate on or before March 1, 1993.
   2. (2) Certain Electric Generating Stations. An installation that burns refuse-derived fuel that is part of a generating station constructed by an electric company is subject to the requirements of this chapter.
   3. (3) Hazardous Waste Incinerators. A hazardous waste incinerator, as defined in COMAR 26.13.01.03B(33), for which a hazardous waste facility permit has been requested or issued is subject to the requirements of this chapter.
   4. (4) Sources Subject to Requirements Under 40 CFR 63. Regardless of the applicability of this chapter, a person that causes emissions of HAPs may be subject to the requirements of 40 CFR 63.
   5. (5) Other. The Department may require any installation or source not otherwise subject to this chapter to meet the requirements of this chapter if the Department determines that the installation or source has the potential to discharge toxic air pollutants in quantities that may unreasonably endanger the public health.

2. B. Exempt Installations or Sources.

   1. (1) This section does not mean that a source is exempt from an applicable requirement under 40 CFR 63, or MACT or new source MACT established by the Department in accordance with the provisions of 40 CFR Part 63, Subpart B.

   2. (2) General Exemptions. The following installations or sources are exempt from the requirements of this chapter:

      1. (a) Fuel-burning equipment as defined at COMAR 26.11.09.01, other than equipment burning refuse-derived fuel;
      2. (b) Charbroilers and pit barbecues as defined in COMAR 26.11.18.01; and
      3. (c) Gasoline stations operated for the purpose of refueling motor vehicles.

   3. (3) Exemptions from Regulations .05 and .06 of this chapter.

      1. (a) Premises Discharging Small Quantities of Class II TAPs. The emissions of a Class II TAP from a premises are exempt from the requirements of Regulations .05 and .06 of this chapter, if:

         1. (i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or less; and
         2. (ii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 micrograms/cubic meter.

      2. (b) Premises Discharging Small Quantities of Class I TAPs. The emissions of a Class I TAP from a premises are exempt from the requirements of Regulations .05 and .06 of this chapter, if:

         1. (i) The total allowable emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram per hour) or less;
         2. (ii) The total allowable emissions of the TAP from the premises are 350 pounds per year (159 kilograms per year) or less;
         3. (iii) All applicable TLV-based, threshold-based, or special screening levels for the TAP are greater than 200 micrograms/cubic meter; and
         4. (iv) The applicable risk-based screening level is greater than 1 microgram/cubic meter.
      3. (c) Other. The Department may, on a case-by-case basis, after providing public notice and an opportunity for a public hearing, exempt any other installation, source, or premises from a requirement under Regulations .05 and .06 of this chapter on the basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the installation, source, or premises has a limited potential to discharge toxic air pollutants to the atmosphere and will not unreasonably endanger human health.
   4. (4) Exemption from Regulation .06. If the total allowable emissions of a Class II TAP from a premises will not create an 8-hour concentration of the TAP in the atmosphere that exceeds 0.02 microgram/cubic meter beyond the property line, then emissions of that TAP from the premises are exempt from the requirements of Regulation .06 of this chapter.

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: February 25, 1983 (10:1 Md. R. 30)

Regulations .01E and .02 amended effective July 2, 1985 (12:11 Md. R. 1049); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492)

Regulations .01 and .03 repealed effective April 6, 1987 (14:5 Md. R. 579) (Provisions transferred to COMAR 10.18.23)

Regulation .02 amended effective January 5, 1988 (14:24 Md. R. 2555)

Annotation: Attorney General Opinion No. 83-015 (May 2, 1983) found that the Department of Health and Mental Hygiene has ample statutory authority to adopt the asbestos project cleanliness measurement found in COMAR 10.18.15.03B(1)(d)(ii).

Chapter recodified from COMAR 10.18.15 to COMAR 26.11.15

Regulation .01 adopted effective September 27, 1988 (15:18 Md. R. 2148)

Regulation .01B amended effective November 19, 1989 (16:20 Md. R. 2185); July 2, 1990 (17:10 Md. R. 1221); May 2, 1991 (18:6 Md. R. 689); November 23, 1992 (19:23 Md. R. 2042); August 11, 1997 (24:16 Md. R. 1161)

Regulation .02 amended effective September 26, 1988 (15:17 Md. R. 2049); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306); June 20, 1994 (21:12 Md. R. 1064); August 11, 1997 (24:16 Md. R. 1161)

Regulations .03—.13 adopted effective September 27, 1988 (15:18 Md. R. 2148)

Regulation .03A amended effective November 19, 1989 (16:20 Md. R. 2185); May 8, 1995 (22:9 Md. R. 653); August 11, 1997 (24:16 Md. R. 1161)

Regulation .04A, B amended effective May 8, 1995 (22:9 Md. R. 653)

Regulation .07C amended effective June 20, 1989 (16:9 Md. R. 995)

Regulation .09B amended effective May 8, 1995 (22:9 Md. R. 653)

Regulation .10D amended effective August 11, 1997 (24:16 Md. R. 1161)

Regulation .11 amended effective November 9, 1992 (19:22 Md. R. 1990)

Regulation .12 amended effective November 9, 1992 (19:22 Md. R. 1990)

Regulation .13 amended effective May 2, 1991 (18:6 Md. R. 689)

Regulation .14 adopted effective August 11, 1997 (24:16 Md. R. 1161)

Regulations .01—.07A amended and Regulations .07B—.14 recodified to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533)

Regulation .01B amended effective December 25, 2000 (27:25 Md. R. 2285)

Regulation .02 amended effective December 25, 2000 (27:25 Md. R. 2285)