Md. Code Regs. 26.11.01.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.11.01.01 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) Actual Emissions.

(a) "Actual emissions" means the average rate, in tons per year, at which a source discharged a pollutant during a 2-year period which precedes the date of a completed application for an NSR source or other specified date, and which is representative of normal source operation. The Department may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the source's operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) For the purpose of submitting emissions statements under Regulation .05-1 of this chapter, "actual emissions" means the emissions, in tons per year, which a source discharged during a calendar year or other specified period of time.

(2) "Air pollution" as defined in Environment Article, § 2-101, Annotated Code of Maryland, means the presence in the outdoor atmosphere of substances in quantities, having characteristics, and being of a duration which, from any single source or in combination with other sources, are, or may be predicted with reasonable certainty to be, injurious to human, plant, or animal life or to property, or which unreasonably interfere with the proper enjoyment of the property of others by reason of the emission of odors, solids, vapors, liquids, or gases, throughout the State and in such areas of the State that are affected by them.

(3) "Air pollution control equipment" means equipment whose primary purpose is to reduce the discharge of emissions into the atmosphere in order to comply with air pollution control requirements.

(4) "Allowable emissions" means the maximum emissions a source or installation is capable of discharging after consideration of any physical, operational, or emissions limitations required by this subtitle or by federally enforceable conditions which restrict operations and which are included in an applicable air quality permit to construct, permit to operate, secretarial order, plan for compliance, consent agreement, court order, or applicable federal requirement.

(5) "Capture efficiency" means the weight per unit time of a pollutant entering a capture system and delivered to a control device, divided by the weight per unit time of the total pollutant generated by a source of the pollutant, expressed as a percentage. The capture efficiency reflects how much of the pollutant is captured and routed to the control device.

(6) "Certifying individual" means the person responsible for the completion and certification of the emissions statement required in Regulation .05-1 of this chapter.

(6-1) CO₂ Equivalent Emissions (CO₂e).

(a) "CO₂ equivalent emissions (CO₂e)" means the amount of GHGs emitted.

(b) "CO₂ equivalent emissions (CO₂e)"shall be computed as follows:

(i) Except as stated in §B(6-1)(b)(iii) of this regulation, multiply the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas"amp;Uuml;s associated global warming potential published at Table A"1 to Subpart A of 40 CFR Part 98 - Global Warming Potentials (74 FR 56395);

(ii) Sum the resultant values from B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO₂e; and

(iii) Prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material).

(6-2) "Commercial bakery oven" (bakery oven) means an oven with a rated heat input capacity of 2,000,000 Btu per hour or greater, that is used to bake bread, rolls, or other yeast-raised products.

(7) "Confined emissions" means emissions which are discharged into the outdoor atmosphere through a stack, duct, hood, flue, or other conduit.

(8) "Confined source" means an installation that discharges into the atmosphere through a stack, duct, hood, flue, or other conduit.

(9) "Continuous emission monitor (CEM)" means a system of instruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continuously measure and record the emission rate or concentration of a substance in a gas stream.

(9-1) "Continuous opacity monitor (COM)" means a system of instruments installed, operated, and calibrated in accordance with the procedures in this subtitle to continuously measure and record the opacity of emissions as six-minute averages of not greater than 15 second increments.

(10) "Control efficiency" means the ratio of the emissions released by a control device and the emissions introduced to the control device, expressed as a percentage.

(11) "Control equipment" means any device or contrivance which prevents or reduces emissions.

(12) "Control officer" means:

(a) The health officer of Allegany, Anne Arundel, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Prince George's, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, or Wicomico County;

(b) The Commissioner of Health of the City of Baltimore, the Director of the Baltimore County Department of Environmental Protection and Resource Management, the Director of the Montgomery County Department of Environmental Protection, or the Chief of the Environmental Programs Section of Worcester County Department of Planning, Permits, and Inspections; or

(c) Any employee of the Department designated by the Secretary.

(13) Reserved.

(14) "Department" means the Department of the Environment.

(15) "Distillate fuel oil" means all American Society for Testing and Materials numbered fuel oils other than residual fuel oil.

(16) "Emissions" means any substance, other than water in an uncombined form, discharged directly or indirectly into the atmosphere including, but not limited to, odors, particulate matter, vapors, gases, or any combination of these substances.

(17) "Fuel-burning equipment" means any:

(a) Boiler that has the primary function of heating air, water, or any other medium through indirect heat transfer from the burning of fuels; or

(b) Stationary internal combustion engine or stationary combustion turbine used to produce mechanical or electrical energy.

(18) "Fugitive emissions" means emissions which escape into the outdoor atmosphere through openings such as windows, doors, vents, roof monitors, poorly fitting closures, or poorly maintained equipment.

(18-1) "Greenhouse gases (GHGs)"means the aggregate group of six greenhouse gases:

(a) carbon dioxide (CO₂);

(b) methane (CH₄);

(c) nitrous oxide (N₂O);

(d) sulfur hexafluoride (SF₆);

(e) hydrofluorocarbons (HFCs); and

(f) perfluorocarbons (PFCs).

(19) "Installation" means any article, machine, equipment, or other contrivance, including, but not limited to, emission control equipment, processing equipment, manufacturing equipment, fuel-burning equipment, incinerators, or any equipment or construction, capable of generating, causing, or reducing emissions.

(20) Modification.

(a) "Modification" means any physical change in, or change in the operation of, a source or installation which causes a change in the quantity, nature or characteristics of emissions from the source or installation. However, this term excludes routine maintenance and routine repair, and increases in the hours of operation or in the production rate, unless these increases would be prohibited under any permit or approval conditions adopted by the Department.

(b) In the context of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants adopted or enforced by the Department, the federal definition of the term "modification" is controlling.

(c) "Modify" means to make a modification.

(d) In the context of Prevention of Significant Deterioration regulations adopted or enforced by the Department, the federal definitions of the terms "modification" and "major modification" are controlling.

(20-1) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency of another state.

(21) "National Emission Standards for Hazardous Air Pollutants source (NESHAP source)" means any:

(a) Source of asbestos, beryllium, mercury, vinyl chloride, benzene, or inorganic arsenic which is subject to the provisions of 40 CFR Part 61 (excluding Subparts B, H, I, K, Q, R, T, and W), as amended; or

(b) Source which is subject to the provisions of 40 CFR Part 63, as amended.

(22) Reserved.

(23) "New Source Performance Standard source (NSPS source)" means any source which is subject to 40 CFR Part 60, as amended.

(24) "New Source Review source (NSR source)" means any major stationary source or major modification subject to the requirements of COMAR 26.11.17.

(25) "Odor" means that property of an emission which stimulates the sense of smell.

(26) "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

(27) "Operating day" means a 24-hour period beginning midnight of one day and ending the following midnight, or an alternative 24-hour period approved by the Department, during which time an installation being monitored is operating, consuming fuel, processing or producing a material, or causing emissions.

(28) "Oxides of nitrogen (NO_x)" means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide (NO₂), expressed as equivalent molecular weight of NO₂.

(29) "Particulate matter (PM)" means any material, except water in uncombined form, that is or has been airborne, and exists as a liquid or a solid at standard conditions.

(30) "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, discharged into the ambient air.

(30-1) "PM_2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers.

(30-2) "PM_2.5 emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers, discharged into the ambient air.

(31) "PM₁₀" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.

(32) "PM₁₀ emissions" means finely divided solid or liquid materials with an aerodynamic diameter less than or equal to a nominal 10 micrometers, discharged into the ambient air.

(33) "Percent seasonal throughput" means percent of annual throughput conducted during each of the 4 seasonal periods (December-February, March-May, June-August, September-November).

(34) "Person" means any individual, group of individuals, firm, partnership, voluntary association, or private, public or municipal corporation, or agency, bureau, department or an instrumentality of federal, State, or local government responsible for the use of property.

(35) "Potential to emit" means the maximum capacity of a stationary source to discharge a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 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 or the effect it would have on emissions is federally enforceable through a permit condition, compliance plan, or administrative or court order.

(36) "Premises" means all the installations or other sources that are located on contiguous or adjacent properties and that are under the control of one person or under common control of a group of persons.

(37) "Prevention of Significant Deterioration (PSD) source" means any new or modified source subject to the provisions of 40 CFR § 52.21, as amended.

(38) "Process weight" means the total weight of all materials introduced into any specific process which may cause emissions. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not.

(39) "Process weight per hour" means the rate established as follows:

(a) For continuous or long-run steady-state operations, the total process weight for the entire period of continuous operation or for a typical portion of operation, divided by the number of hours of the period or portions of operation;

(b) For cyclical or batch operations, the total process weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during the period; and

(c) When the nature of any process or operation or the design of any equipment permits more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.

(40) "Reasonably Available Control Technology (RACT)" means the lowest emissions limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

(41) "Residual fuel oil" means that fuel oil that meets the specifications of the American Society for Testing and Materials for Numbers 4, 5, or 6 (bunker C) oils or crude oils when used as a fuel.

(42) "Secretary" means the Secretary of the Environment.

(43) "Source" as defined in Environment Article, § 2-101(i), Annotated Code of Maryland, means any property, real or personal, or person contributing to air pollution.

(44) "Stack or chimney" means any flue, conduit, or duct arranged to conduct emissions.

(45) "Stack height" means the height of a stack measured from the ground elevation to the top of the stack, not including caps, nozzles, or other encumbrances.

(46) "Standard conditions" means at a temperature of 77°F (25°C) and a pressure of 29.92 inches (760 mm) of mercury.

(47) "Standard industrial classification (SIC) code" means a series of codes devised by the federal Office of Management and Budget (OMB) to classify establishments according to the type of economic activity in which they are engaged.

(48) "True vapor pressure (TVP)" means the vapor pressure of a material at storage temperature, where storage temperature is the maximum monthly average temperature of the material or 77°F (25°C), whichever is the higher.

(49) "Typical ozone season day (TOSD)" means a day typical of that period of the year during which conditions for photochemical ozone formation are most favorable, which is generally during sustained periods of direct sunlight (that is, long days, little cloud cover) and warm temperatures.

(50) "Unconfined source" means an installation that causes emissions which are not enclosed in a stack, duct, hood, flue, or other conduit but which escape into the atmosphere through openings such as windows, vents or doors, ill fitting closures, or poorly maintained equipment.

(51) "Vapor balance line" means any connection closed to the atmosphere between the vapor space of two storage containers that will allow the vapors to be displaced as the liquid is transferred from one tank to the other.

(52) "Vapor pressure" means the total equilibrium partial pressure or pressures for any given chemical or mixture at a given temperature.

(53) "Volatile organic compound (VOC)" means any organic compound which participates in atmospheric photochemical reactions, excluding those compounds which have been determined to have negligible photochemical reactivity by the U.S. Environmental Protection Agency and which are listed in 40 CFR § 51.100(s), as amended.

Md. Code Regs. 26.11.01.01

Regulation .01A-1, F-1 adopted effective October 10, 1981 (8:18 Md. R. 1480)
Regulation .01H amended effective July 10, 1981 (8:11 Md. R. 974)
Regulation .01I amended effective June 8, 1981 (8:9 Md. R. 800); July 2, 1985 (12:11 Md. R. 1049); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492); January 5, 1988 (14:24 Md. R. 2555)
Regulation .01K amended effective June 8, 1981 (8:9 Md. R. 800); August 16, 1983 (10:14 Md. R. 1263); December 3, 1984 (11:22 Md. R. 1899); October 14, 1985 (12:18 Md. R. 1766); August 11, 1986 (13:13 Md. R. 1492); January 5, 1988 (14:24 Md. R. 2555)
Regulation .01X amended effective July 10, 1981 (8:11 Md. R. 974); August 16, 1983 (10:14 Md. R. 1262)
Regulation .01O-1, V-1, and Y adopted effective August 16, 1983 (10:14 Md. R. 1262)
Regulation .01O-1 amended effective January 5, 1988 (14:24 Md. R. 2555)
Regulation .01V-1 and Y amended, and X-1 adopted effective August 10, 1987 (14:14 Md. R. 1572)
Regulation .01 amended effective December 7, 1992 (19:24 Md. R. 2128)
Regulation .01E amended effective June 20, 1989 (16:9 Md. R. 995)
Regulation .01A-Y recodified to Regulation .01A-DD
Regulation .01A and A-1 recodified to Regulation .01A-1 and A-2, respectively, and new Regulation .01A and A-3 adopted effective May 8, 1991 (18:6 Md. R. 688)
Regulation .01A-1 adopted effective September 27, 1988 (15:18 Md. R. 2148)
Regulation .01C-1 adopted effective July 22, 1991 (18:13 Md. R. 1484)
Regulation .01J amended effective April 26, 1993 (20:8 Md. R. 724)
Regulation .01K, M 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)
Regulation .01E-1, F-1, and G-1 adopted effective July 22, 1991 (18:13 Md. R. 1484)
Regulation .01L 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)
Regulation .01R amended effective March 21, 1989 (16:3 Md. R. 347); March 31, 1991 (18:4 Md. R. 450); February 17, 1992 (19:3 Md. R. 306)
Regulation .01U amended effective May 8, 1991 (18:6 Md. R. 688)
Regulation .01U-1 adopted effective July 22, 1991 (18:13 Md. R. 1484)
Regulation .01X-1 adopted effective September 27, 1988 (15:18 Md. R. 2148)
Regulation .01DD amended effective May 8, 1991 (18:6 Md. R. 688); August 19, 1991 (18:16 Md. R. 1813); February 17, 1992 (19:3 Md. R. 306)
Regulations .01 effective June 20, 1994 (21:12 Md. R. 1063 and 21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); May 22, 1995 (22:10 Md. R. 708); June 30, 1997 (24:13 Md. R. 932); September 22, 1997 (24:19 Md. R. 1343); October 5, 1998 (25:20 Md. R. 1533); March 22, 1999 (26:6 Md. R. 487); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1521); October 8, 2007 (34:20 Md. R. 1741); June 16, 2008 (35:12 Md. R. 1121); July 16, 2009 (36:14 Md. R. 985); May 17, 2010 (37:10 Md. R. 724); July 26, 2010 (37:15 Md. R. 1000); September 20, 2010 (37:19 Md. R. 1285)
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)
Regulations .01 effective March 5, 2012 (39:4 Md. R. 339 - two actions);40:13 Md. R. 1076 - two actions, eff. 7/8/2013
Regulation .01C amended effective June 30, 1997 (24:13 Md. R. 932); October 16, 2000 (27:20 Md. R. 1842); December 10, 2001 (28:24 Md. R. 2130); October 8, 2007 (34:20 Md. R. 1741)
Regulation .01D amended effective December 10, 2001 (28:24 Md. R. 2130); November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1521); October 8, 2007 (34:20 Md. R. 1741)
Regulation .01M-1 adopted effective April 26, 1993 (20:8 Md. R. 724)
Regulation .01O-1 adopted effective July 22, 1991 (18:13 Md. R. 1484)
Regulation .01P-1, P-2, P-3 adopted effective March 21, 1989 (16:3 Md. R. 347)
Regulation .01Q-1 and Q-2 adopted effective May 8, 1991 (18:6 Md. R. 688)
Regulation .01AA adopted effective December 16, 1977 (4:26 Md. R. 2024)
Regulation.01Y, AA amended effective January 2, 1980 (6:23 Md. R. 1839)
Regulation .01W, DD, SS adopted effective June 25, 1975 (2:14 Md. R. 1015)
Regulations .01P, WW, amended effective March 30, 1977 (4:7 Md. R. 579)
Regulation .01F, G, X, XX adopted effective June 28, 1977 (4:11 Md. R. 866)
Regulation .01ZZ adopted effective September 10, 1978 (5:18 Md. R. 1387)
Regulations .01 effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579)
Regulations .01 effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579)
Regulations .01 effective June 25, 1975 (2:14 Md. R. 1015) and March 30, 1977 (4:7 Md. R. 579); amended effective 43:3 Md. R. 273, eff.2/15/2016; amended effective 43:9 Md. R. 531, eff.5/9/2016; amended effective 45:8 Md. R. 419, eff. 4/23/2018; amended effective 45:24 Md. R. 1163, eff. 12/6/2018