Md. Code Regs. 26.11.02.10

Current through Register Vol. 51, No. 10, May 17, 2024

Section 26.11.02.10 - Sources Exempt from Permits to Construct and Approvals

A person may construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, a permit to construct:

A. Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland;

B. Motor vehicles, steamships, tugs, and railroad locomotives;

C. Fuel-burning equipment and space heaters using gaseous fuels or No. 1 or No. 2 fuel oil with a heat input less than 1,000,000 Btu (1.06 gigajoules) per hour;

D. Repealed.

E. Emergency stationary internal combustion engines or emergency stationary reciprocating internal combustion engines (RICE) with an output less than 500 brake horsepower (373 kilowatts);

E-1. Stationary internal combustion engines or stationary reciprocating internal combustion engines (RICE) that serve as a primary source of power for agricultural equipment or industrial equipment, with an output less than 500 brake horsepower (373 kilowatts);

F. Bench scale laboratory equipment used exclusively for chemical or physical analysis or experimentation;

G. Portable brazing, soldering, or welding equipment;

H. Comfort air conditioning or comfort ventilating systems which are not designed to remove emissions generated by or released from specific units of equipment;

I. Water cooling towers and water cooling ponds unless used for evaporative cooling of water from barometric jets or barometric condensers, or used in conjunction with an installation requiring a permit to operate;

J. Equipment used exclusively for steam cleaning;

K. Grain, metal, plastic, or mineral extrusion presses;

L. Porcelain enameling drying ovens;

M. Unheated VOC dispensing containers or unheated VOC rinsing containers of 60 gallons (227 liters) capacity or less;

N. Equipment used for hydraulic or hydrostatic testing;

O. The following equipment or an exhaust system or collector servicing exclusively this equipment:

(1) Blast cleaning equipment using a suspension of abrasive in water;

(2) Commercial bakery ovens with a rated heat input capacity of less than 2,000,000 Btu per hour;

(3) Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, electricity, or any combination of these;

(4) Confection cookers where the products are edible and intended for human consumption;

(5) Drop hammers or hydraulic presses for forging or metal working;

(6) Die casting machines;

(7) Photographic process equipment used to reproduce an image upon sensitized material through the use of radiant energy;

(8) Equipment for drilling, carving, cutting, routing, turning, sawing, planing, spindle sanding, or disc sanding of wood or wood products;

(9) Equipment for surface preparation of metals by use of aqueous solutions, except for acid solutions;

(10) Equipment for washing or drying products fabricated from metal or glass, provided that no VOC is used in the process and that no oil or solid fuel is burned;

(11) Laundry dryers, extractors, or tumblers for fabrics cleaned with only water solution or bleach or detergents;

(12) Containers, reservoirs, or tanks used exclusively for electrolytic plating work, or electrolytic polishing, or electrolytic stripping of brass, bronze, cadmium, copper, iron, lead, nickel, tin, zinc, and precious metals;

(13) Breweries with an annual beer production less than 60,000 barrels; and

(14) Municipal solid waste landfills that have a design capacity of less than 500,000 tons of municipal solid waste and that are not major sources;

P. Natural draft hoods or natural draft ventilators;

Q. Containers, reservoirs, or tanks used exclusively for:

(1) Dipping operations for coating objects with oils, waxes, or greases, where no VOC is used;

(2) Dipping operations for applying coatings of natural or synthetic resins which contain no VOC;

(3) Storage of butane, propane or liquefied petroleum, or natural gas;

(4) Storage of lubricating oils;

(5) Unheated storage of VOC with an initial boiling point of 300°F (149°C) or greater;

(6) Storage of Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel;

(7) Storage of motor vehicle gasoline, having an individual tank capacity of 2,000 gallons or less;

(8) The storage of VOC normally used as solvents, diluents, thinners, inks, colorants, paints, lacquers, enamels, varnishes, liquid resins, or other surface coatings and having a capacity of 2,000 gallons (7.6 cubic meters) or less;

R. Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does not involve molten materials;

S. Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) or less each, in which no sweating or distilling is conducted, or any fluxing conducted, using chloride, fluoride, or ammonium compounds and from which only the following metals are poured or in which only the following metals are held in a molten state:

(1) Aluminum or any alloy containing over 50 percent aluminum, if no gaseous chloride compounds, chlorine, aluminum chloride, or aluminum fluoride is used;

(2) Magnesium or any alloy containing over 50 percent magnesium;

(3) Lead or any alloy containing over 50 percent lead;

(4) Tin or any alloy containing over 50 percent tin;

(5) Zinc or any alloy containing over 50 percent zinc;

(6) Copper; or

(7) Precious metals;

T. Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping purposes;

U. Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 a with a total cooking area of 5 square feet (0.46 square meter) or less;

V. Hazardous waste incinerators, as defined in COMAR 26.13.01.03 a B(33), and for which a hazardous waste facility permit has been applied or issued by the Department under COMAR 26.13.07;

W. Sheet-fed letter or lithographic printing presses with a cylinder width of less than 18 inches; and

X. Other installations if:

(1) The proposed installation is not subject to any source-specific State or federal limitation or emissions standard, including any mass emissions rate limitation, pollutant concentration limitation, material formulation standard, equipment performance standard, or work practice standard;

(2) The emissions contain not more than 1 pound per day of a Class I toxic air pollutant, as defined in COMAR 26.11.15.01 a B(4); and

(3) The pre-control potential-to-emit from the proposed installation, combined with any potential increase in emissions from other installations that could be caused by the proposed installation, is less than 1 ton per calendar year for:

(a) Volatile organic compounds;

(b) Each pollutant for which there is a federal ambient air quality standard; and

(c) Each Class II toxic air pollutant, as defined in COMAR 26.11.15.01 a B(5).

Md. Code Regs. 26.11.02.10

Regulation .10C amended effective March 21, 1989 (16:3 Md. R. 347); May 8, 1991 (18:6 Md. R. 688); April 26, 1993 (20:8 Md. R. 724); June 20, 1994 (21:12 Md. R. 1064)
Regulations .10 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .10A amended effective November 16, 2009 (36:23 Md. R. 1818)
Regulation .10 amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 488)
Regulation .10D repealed effective November 24, 2003 (30:23 Md. R. 1653)
Regulation .10E amended effective September 22, 1997 (24:19 Md. R. 1343); November 24, 2003 (30:23 Md. R. 1653); May 18, 2009 (36:10 Md. R. 718); June 13, 2011 (38:12 Md. R. 708)
Regulation .10X amended effective August 22, 2011 (38:17 Md. R. 1014); amended effective 45:3 Md. R. 158, eff. 2/12/2018