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<regulation prefix="Regulation" num=".08" citation="COMAR 26.11.09.08" title_num="26" subtitle_num="11" chapter_num="09" heading="Control of NO">
  <paragraph num="A.">
    <text>Applicability.</text>
    <paragraph num="(1)">
      <text>This regulation applies to a person who owns or operates an installation that causes emissions of NOx and is located at premises that have total potential to emit:</text>
      <paragraph num="(a)">
        <text>25 tons or more per year of NOx and is located in Baltimore City, or Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, or Prince George's counties; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>100 tons or more per year of NOx and is located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Except as otherwise indicated, the emissions standards and requirements in this regulation apply at all times.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>General Requirements and Conditions.</text>
    <paragraph num="(1)">
      <text>Emission Standards and Requirements.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates an installation that causes NOx emissions subject to this regulation is in compliance with this regulation if the person establishes compliance with the emissions standards in §B(1)(c) of this regulation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Any other person subject to this regulation shall comply with the applicable source specific requirements in §§C—J of this regulation.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Emission Standards in Pounds of NOx per Million Btu of heat input.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Demonstration of Compliance.</text>
      <paragraph num="(a)">
        <text>A person subject to a NOx emission standard in this regulation shall demonstrate compliance as follows:</text>
        <paragraph num="(i)">
          <text>For installations equipped with a CEM, compliance with the NOx emissions standards in this regulation shall be established using CEM data; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For all other installations, compliance with the NOx emissions standards in this regulation shall be established by stack tests using Method 07 of the test methods referenced in COMAR 26.11.01.04C(1) or other test methods approved by the Department and the EPA.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>CEMs shall be certified in accordance with 40 CFR Part 60, Appendix B, or Part 75, Appendix A.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>CEMs shall meet the quality assurance criteria in 40 CFR Part 60, Appendix F, or, for sources subject to Title IV of the Clean Air Act (Acid Rain), the quality assurance criteria in 40 CFR Part 75, Appendix B.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Except as otherwise established by the Department and approved by the EPA, for a person who establishes compliance with the NOx emissions standards in this regulation using a CEM, compliance shall be determined as 30-day rolling averages.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>For a person who establishes compliance using a stack test, compliance shall be determined as averages of the stack test duration.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Alternative Standard.</text>
      <paragraph num="(a)">
        <text>A person who is subject to a source specific NOx emission standard under this regulation may propose an alternative standard for approval by the Department. Approval by the EPA is also required for an alternative standard approved by the Department.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A person who proposes an alternative emission standard for approval shall provide the following information to the Department:</text>
        <paragraph num="(i)">
          <text>Uncontrolled NOx emissions for the installation established with a CEM, or stack tests obtained during steady state operation;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Stack tests or other data from an existing similar installation demonstrating that the applicable standard cannot be met;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Identification of all proposed combustion modifications, fuel conversions, or other equipment or process modifications proposed for implementation to meet the alternative standard; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Equipment vendor costs from other facilities and other information that demonstrates, to the satisfaction of the Department, that the cost of complying with the emission standard in this regulation is unreasonable as compared to the cost of meeting an alternative standard.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Emissions Averaging.</text>
      <paragraph num="(a)">
        <text>Instead of meeting the source specific emission standards set forth in §§C—F of this regulation, a person who owns or operates more than one installation subject to this regulation may achieve compliance by meeting an overall source or system-wide NOx emission reduction that is equivalent to or greater than the NOx emission reduction that would be achieved if each individual installation complied with applicable requirements.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A person who proposes to comply with this regulation by averaging the emissions of two or more installations (separate stacks) shall submit a proposal to the Department for approval.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any proposal for emissions averaging approved by the Department is not an acceptable means of compliance until the proposal is also approved by the EPA as a revision to the State Implementation Plan (SIP).</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A person who proposes to average emissions to comply with this regulation shall:</text>
        <paragraph num="(i)">
          <text>Have the capability to continuously monitor NOx emissions for each installation to be included in the emissions averaging; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Demonstrate to the Department that on each day of operation the total plant or system-wide NOx emissions are equal to or less than the NOx emissions that would be discharged if each installation met the applicable emission standard in this regulation.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Operator Training.</text>
      <paragraph num="(a)">
        <text>For purposes of this regulation, the equipment operator to be trained may be the person who maintains the equipment and makes the necessary adjustments for efficient operation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The operator training course sponsored by the Department shall include an in-house training course that is approved by the Department.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 Million Btu Per Hour or Greater.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates fuel-burning equipment with a rated heat input capacity of 250 Million Btu per hour or greater shall equip each installation with combustion modifications or other technologies to meet the NOx emission rates in §C(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The maximum NOx emission rates as pounds of NOx per Million Btu per hour are:</text>
      <paragraph num="(a)">
        <text>0.45 for tangentially coal fired units located at an electric generating facility (excluding high heat release units);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>0.50 for wall coal fired units located at an electric generating facility (excluding high heat release units);</text>
      </paragraph>
      <paragraph num="(c)">
        <text>0.30 for oil fired or gas/oil fired units located at an electric generating facility;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>0.70 for coal fired cyclone fuel burning equipment located at an electric generating facility from May 1 through September 30 of each year and 1.5 during the period October 1 through April 30 of each year;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>0.70 for a tangentially coal fired high heat release unit located at an electric generating facility;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>0.80 for a wall coal fired high heat release unit located at an electric generating facility; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>0.6 for coal fired cell burners at an electric generating facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A person who owns or operates fuel burning equipment with a rated heat input capacity of 250 Million Btu per hour or greater shall install, operate, calibrate, and maintain a certified NOx CEM or an alternative NOx monitoring method approved by the Department and the EPA on each installation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of Less than 250 Million Btu Per Hour and Greater than 100 Million Btu Per Hour.</text>
    <paragraph num="(1)">
      <text>Equipment Specifications and Standards.</text>
      <paragraph num="(a)">
        <text>A person who owns or operates coal fired fuel-burning equipment with a rated heat input capacity of less than 250 Million Btu per hour and greater than 100 Million Btu per hour shall install and operate in accordance with the manufacturer's specifications, combustion modifications, or other technologies to meet an emission rate of 0.65 pounds of NOx per Million Btu per hour.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>All other fuel burning equipment with a rated heat input capacity of less than 250 Million Btu per hour and greater than 100 Million Btu per hour shall meet the NOx emission rates set forth in §B(1)(c) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Exceptions. The requirements in §D(1) of this regulation do not apply to a space heater as defined in Regulation .01B of this chapter or to fuel-burning equipment subject to §G of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 100 Million Btu Per Hour or Less. A person who owns or operates fuel-burning equipment with a rated heat input capacity of 100 Million Btu per hour or less shall:</text>
    <paragraph num="(1)">
      <text>Submit to the Department an identification of each affected installation, the rated heat input capacity of each installation, and the type of fuel burned in each;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Perform a combustion analysis for each installation at least once each year and optimize combustion based on the analysis;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain the results of the combustion analysis at the site for at least 2 years and make this data available to the Department and the EPA upon request;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Once every 3 years, require each operator of the installation to attend operator training programs on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Prepare and maintain a record of training program attendance for each operator at the site, and make these records available to the Department upon request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Requirements for Space Heaters.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a space heater as defined in Regulation .01B of this chapter shall:</text>
      <paragraph num="(a)">
        <text>Submit to the Department a list of each affected installation on the premises and the types of fuel used in each installation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Develop an operating and maintenance plan to minimize NOx emissions based on the recommendations of equipment vendors and other information including the source's operating and maintenance experience;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Implement the operating and maintenance plan and maintain the plan at the premises for review upon request by the Department;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Require installation operators to attend in-State operator training programs once every 3 years on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Prepare and maintain a record of training program attendance for each operator at the site and make these records available to the Department upon request.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who owns or operates an installation that no longer qualifies as a space heater shall inform the Department not later than 60 days after the date when the fuel-burning equipment did not qualify, and shall meet the applicable fuel-burning equipment RACT requirement in this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Requirements for Fuel-Burning Equipment with a Capacity Factor of 15 Percent or Less, and Combustion Turbines with a Capacity Factor Greater than 15 Percent.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates fuel-burning equipment with a capacity factor (as defined in 40 CFR Part 72.2) of 15 percent or less shall:</text>
      <paragraph num="(a)">
        <text>Provide certification of the capacity factor of the equipment to the Department in writing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For fuel-burning equipment that operates more than 500 hours during a calendar year, perform a combustion analysis and optimize combustion at least once annually;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Maintain the results of the combustion analysis at the site for at least 2 years and make these results available to the Department and the EPA upon request;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Require each operator of an installation, except combustion turbines, to attend operator training programs at least once every 3 years, on combustion optimization that are sponsored by the Department, the EPA, or equipment vendors; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Maintain a record of training program attendance for each operator at the site, and make these records available to the Department upon request.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A person who owns or operates a combustion turbine with a capacity factor greater than 15 percent shall meet an hourly average NOx emission rate of not more than 42 ppm when burning gas or 65 ppm when burning fuel oil (dry volume at 15 percent oxygen) or meet applicable Prevention of Significant Deterioration limits, whichever is more restrictive.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Repealed.</text>
  </paragraph>
  <paragraph num="I.">
    <text>Requirements for Glass Melting Furnaces.</text>
    <paragraph num="(1)">
      <text>A person who owns or operates a glass melting furnace shall optimize combustion by performing daily oxygen tests and maintaining excess oxygen at 4.5 percent or less.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Records on the daily oxygen tests shall be maintained on site for at least 2 years and made available to the Department upon request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="J.">
    <text>Requirements for Industrial Furnaces and Other Miscellaneous Installations that Cause Emissions of NOx. A person who owns or operates any installation other than fuel-burning equipment that causes NOx emissions shall:</text>
    <paragraph num="(1)">
      <text>Maintain good operating practices as recommended by the equipment vendor to minimize NOx emissions;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prepare and implement a written in-house training program for all operators of these installations that include instruction on good operating and maintenance practices for the particular installation;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain and make available to the Department, upon request, the written in-house operator training program;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Burn only gas in each installation, where gas is available, during the period May 1 through September 30 of each year; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Maintain operator training attendance records for each operator at the site for at least 2 years and make these records available to the Department upon request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="K.">
    <text>Reporting Requirements.</text>
    <paragraph num="(1)">
      <text>When demonstration of compliance with the NOx emission standards in this regulation is based on CEM data, quarterly emission reports shall be submitted to the Department on or before the thirtieth day of the month following the end of each calendar quarter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When compliance with this regulation is demonstrated by a stack test, the results of the stack tests required by this regulation shall be submitted to the Department within 45 days after completion of the test.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person subject to this regulation shall maintain annual fuel use records on site for not less than 3 years, and make these records available to the Department upon request.</text>
    </paragraph>
  </paragraph>
</regulation>