Md. Code Regs. 26.11.02.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.02.01 - Definitions

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 (NO_x) 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.

C. Major Source.

(1) "Major source" means a stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person, or persons under common control, belonging to a single major industrial grouping and that is described as follows:

(a) A major source under § 112 of the Clean Air Act concerning hazardous air pollutants, defined as:

(i) For pollutants other than radionuclides, a stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year or more of a hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tons per year or more of any combination of hazardous air pollutants, or a lesser quantity that the EPA may establish by rule;

(ii) Notwithstanding §C(1)(a)(i) of this regulation, emissions from an oil or gas exploration or production well, with its associated equipment, and emissions from a pipeline compressor or pump station may not be aggregated with emissions from similar devices, whether or not the devices are in a contiguous area or under common control, to determine whether the devices or stations are major sources; or

(iii) For radionuclides, a major source has the meaning specified by EPA by rule;

(b) Except as provided in §C(1)(d) of this regulation, a major stationary source of air pollutants, as defined in § 302 of the Clean Air Act, that directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant including a major source of fugitive emissions of the pollutant, as determined by rule by the EPA; or

(c) A major stationary source as defined in Part D of Title I of the Clean Air Act, concerning nonattainment areas, including any stationary source which emits or has the potential to emit:

(i) 25 tons per year or more of VOC or NO_x for sources located in Baltimore City or Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Calvert, Charles, Frederick, Montgomery, or Prince George's counties;

(ii) 50 tons per year or more of VOC for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties;

(iii) 100 tons per year or more of NO_x for sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties; or

(iv) 100 tons per year or more of carbon monoxide for sources located in the areas designated as nonattainment for carbon monoxide in 40 CFR § 81.321 (1992 edition);

(d) A GHG source shall not be considered a major stationary source of any GHG under §C(1)(b) of this regulation unless it is subject to regulation under paragraphs (1) and (2) of the definition of "Subject to regulation" in 40 CFR 70.2, as amended by "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).

(2) Under §C(1)(b) of this regulation, the fugitive emissions of a stationary source may not be considered in determining whether it is a major stationary source for the purposes of § 302(j) of the Clean Air Act unless the source belongs to one of the following categories of stationary source:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plants;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants;

(u) Fossil fuel boilers, or combination of them, totaling more than 250 million British thermal units per hour heat input;

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or

(aa) All other stationary source categories regulated by a standard promulgated under § 111, concerning New Source Performance Standards, or § 112, concerning hazardous air pollutants, of the Clean Air Act, but only with respect to those air pollutants that have been regulated for that category.

(3) For the purpose of defining the term "major source", a stationary source or group of stationary sources is considered part of a single industrial grouping if all of the pollutant emitting activities at the source or group of sources on contiguous or adjacent properties belong to the same major group; that is, all have the same two-digit code, as described in the Standard Industrial Classification Manual, 1987.

Md. Code Regs. 26.11.02.01

Regulations .01C and E repealed effective February 10, 1984 (10:26 Md. R. 2341)
Regulations .01 effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042)
Regulation .01D amended effective November 28, 1989 (16:21 Md. R. 2264)
Regulations .01 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .01B amended effective June 16, 1997 (24:12 Md. R. 866); January 29, 2007 (34:2 Md. R. 138)
Regulation .01B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 617)
Regulation .01B amended effective August 22, 2011 (38:17 Md. R. 1014); March 5, 2012 (39:4 Md. R. 339)
Regulation .01C amended effective December 10, 2001 (28:24 Md. R. 2130)
Regulation .01C amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 617); amended effective 45:3 Md. R. 158, eff. 2/12/2018