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<regulation prefix="Regulation" num=".08" citation="COMAR 20.79.01.08" title_num="20" subtitle_num="79" chapter_num="01" heading="Modifications to the Facilities at a Power Plant.">
  <paragraph num="A.">
    <text>Except as provided in §C of this regulation, a person may not commence a modification to the facilities at a power plant without receiving prior approval from the Commission.</text>
  </paragraph>
  <paragraph num="B.">
    <text>A physical alteration, replacement, change in the method of operation, or any other change to an electric generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to the requirement to obtain approval from the Commission under Public Utilities Article, §7-205(b), Annotated Code of Maryland, if the change will result in an increase of either 75,000 tons or more per year in emissions of CO2 or an increase of 1 ton or more in emission of any other regulated pollutant.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The following changes do not require prior approval of the Commission:</text>
    <paragraph num="(1)">
      <text>Routine maintenance and repair, including routine replacement;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An increase in the hours of operation or in the production rate, unless the change is prohibited under any enforceable condition established after January 6, 1975, under regulations approved under the Clean Air Act, 42 U.S.C. §7401 et seq.;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Use of an alternative fuel or raw material by reason of an order under §§2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §791 et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. §791 et seq.;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Use of an alternative fuel by reason of an order or rule under §125 of the Clean Air Act, 42 U.S.C. §7425;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Use of an alternative fuel or raw material by a stationary source which:</text>
      <paragraph num="(a)">
        <text>The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart I or §51.166; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The source is approved to use under a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, and any other required approvals, including permits issued under COMAR 26.11.02 or 26.11.03; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Any change in ownership.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as applicable.</text>
  </paragraph>
</regulation>