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<regulation prefix="Regulation" num=".01" citation="COMAR 26.11.01.01" title_num="26" subtitle_num="11" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>In this subtitle, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>Actual Emissions.</text>
      <paragraph num="(a)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Certifying individual” means the person responsible for the completion and certification of the emissions statement required in Regulation .05-1 of this chapter.</text>
    </paragraph>
    <paragraph num="(6-1)">
      <text>CO2 Equivalent Emissions (CO2e).</text>
      <paragraph num="(a)">
        <text>“CO2 equivalent emissions (CO2e)” means the amount of GHGs emitted.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“CO2 equivalent emissions (CO2e)”shall be computed as follows:</text>
        <paragraph num="(i)">
          <text>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‘s associated global warming potential published at Table A–1 to Subpart A of 40 CFR Part 98 — Global Warming Potentials (74 FR 56395);</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Sum the resultant values from §B(6-1)(b)(i) of this regulation for each gas to compute a tpy CO2e; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>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).</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6-2)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Confined emissions” means emissions which are discharged into the outdoor atmosphere through a stack, duct, hood, flue, or other conduit.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Confined source” means an installation that discharges into the atmosphere through a stack, duct, hood, flue, or other conduit.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(9-1)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Control equipment” means any device or contrivance which prevents or reduces emissions.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Control officer” means:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any employee of the Department designated by the Secretary.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>Reserved.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Department” means the Department of the Environment.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Distillate fuel oil” means all American Society for Testing and Materials numbered fuel oils other than residual fuel oil.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Fuel-burning equipment” means any:</text>
      <paragraph num="(a)">
        <text>Boiler that has the primary function of heating air, water, or any other medium through indirect heat transfer from the burning of fuels; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Stationary internal combustion engine or stationary combustion turbine used to produce mechanical or electrical energy.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(18-1)">
      <text>“Greenhouse gases (GHGs)”means the aggregate group of six greenhouse gases:</text>
      <paragraph num="(a)">
        <text>carbon dioxide (CO2);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>methane (CH4);</text>
      </paragraph>
      <paragraph num="(c)">
        <text>nitrous oxide (N2O);</text>
      </paragraph>
      <paragraph num="(d)">
        <text>sulfur hexafluoride (SF6);</text>
      </paragraph>
      <paragraph num="(e)">
        <text>hydrofluorocarbons (HFCs); and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>perfluorocarbons (PFCs).</text>
      </paragraph>
    </paragraph>
    <paragraph num="(19)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>Modification.</text>
      <paragraph num="(a)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Modify” means to make a modification.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20-1)">
      <text>“Motor vehicle” means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency of another state.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“National Emission Standards for Hazardous Air Pollutants source (NESHAP source)” means any:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Source which is subject to the provisions of 40 CFR Part 63, as amended.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(22)">
      <text>Reserved.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“New Source Performance Standard source (NSPS source)” means any source which is subject to 40 CFR Part 60, as amended.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“New Source Review source (NSR source)” means any major stationary source or major modification subject to the requirements of COMAR 26.11.17.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Odor” means that property of an emission which stimulates the sense of smell.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Oxides of nitrogen (NOx)” means compounds of nitrogen comprised of nitric oxide (NO) and nitrogen dioxide (NO2), expressed as equivalent molecular weight of NO2.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Particulate matter emissions” means all finely divided solid or liquid material, other than uncombined water, discharged into the ambient air.</text>
    </paragraph>
    <paragraph num="(30-1)">
      <text>“PM2.5” means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers.</text>
    </paragraph>
    <paragraph num="(30-2)">
      <text>“PM2.5 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.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“PM10” means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Percent seasonal throughput” means percent of annual throughput conducted during each of the 4 seasonal periods (December—February, March—May, June—August, September—November).</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(35)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(36)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(37)">
      <text>“Prevention of Significant Deterioration (PSD) source” means any new or modified source subject to the provisions of 40 CFR §52.21, as amended.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(39)">
      <text>“Process weight per hour” means the rate established as follows:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(40)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(41)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(42)">
      <text>“Secretary” means the Secretary of the Environment.</text>
    </paragraph>
    <paragraph num="(43)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(44)">
      <text>“Stack or chimney” means any flue, conduit, or duct arranged to conduct emissions.</text>
    </paragraph>
    <paragraph num="(45)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(46)">
      <text>“Standard conditions” means at a temperature of 77°F (25°C) and a pressure of 29.92 inches (760 mm) of mercury.</text>
    </paragraph>
    <paragraph num="(47)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(48)">
      <text>"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.</text>
    </paragraph>
    <paragraph num="(49)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(50)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(51)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(52)">
      <text>“Vapor pressure” means the total equilibrium partial pressure or pressures for any given chemical or mixture at a given temperature.</text>
    </paragraph>
    <paragraph num="(53)">
      <text>“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.</text>
    </paragraph>
  </paragraph>
</regulation>