In this chapter, the following terms have the meanings indicated. Terms Defined. “Annual combustion analysis” means the measurement of CO and O2 in the flue gas at the normal operating load and calculation of minimum excess air. Biomass. “Biomass” means solid organic material that can be combusted for use as fuel including the following: Wood residue and wood products such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, scraps, slabs, millings, and shavings; Animal manure, including litter and other bedding materials; Vegetative agricultural and silvicultural materials, such as logging residues (slash), nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and wheat), bagasse, orchard prunings, corn stalks, coffee bean hulls and ground; and Any solid organic material that has been approved by the Department, on a case-by-case basis, utilizing the criteria established by EPA and set forth in 40 C.F.R. 241.3, as amended. This definition of biomass is not intended to suggest that these materials are or are not solid waste. “Capacity factor” means: The ratio between the actual heat input to fuel burning equipment from the fuels burned during a year and the potential heat input if it had been operating for 8,760 hours during the year at the maximum steady state design heat input capacity; or The ratio of the unit's actual annual electric output, in megawatt hours, to the unit's name plate capacity multiplied by 8,760 hours. For the purpose of this chapter, the selected method of determining the capacity factor of a unit shall apply continuously and is determined on a monthly rolling basis for each consecutive 12-month period. When either of the procedures in §B(1-1)(a) or (b) of this regulation is selected to determine the capacity factor of a unit, that same procedure shall apply for that unit. “Clean wood” means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with any substance. “Distillate fuel oil” means all American Society for Testing and Materials numbered fuel oils other than residual. “Fuel” means: Coal or any other fossil fuel; Waste combustible fluid or used oil that has been approved by the Department to be burned as a fuel in accordance with Regulation .10 of this chapter; and Biomass as defined in this regulation, or approved by the Department. “Gas” means any gaseous fuel that can be used to create useful heat or mechanical energy including: Natural gas or propane; Gaseous fuels produced synthetically; Gaseous substances derived from the decomposition of organic matter; or Gaseous substances derived as a byproduct of a manufacturing process. “High heat release unit” means fuel burning equipment that is designed with an area heat release rate of 1,400,000 Btu per hour per square foot or greater. “Interruptible gas service” means a gas service negotiated between the user and a utility company under the jurisdiction of the Maryland Public Service Commission in which the utility company reserves the right upon determining that gas supplies are inadequate for normal distribution: To interrupt the gas supply after notification; or To limit the gas supply by automatic interruption. “Operating time” means, for the purpose of determining compliance or non-compliance with this chapter, the actual time in hours that an affected unit operates, beginning when operation of the draft fans is established and ending when feed of the primary fuel to the combustion chamber is discontinued. “Manufacturer” means a person who imports, manufactures, assembles, or produces a small wood boiler. “Off-specification used oil” means used oil that exceeds one or more of the specifications in Regulation .10B of this chapter. “On-specification used oil” means used oil that meets all of the specifications in Regulation .10B of this chapter. “Residual fuel oi” 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. “Rotary cup burner” means a fuel oil burner which employs a rotating cup to atomize and mix fuel oil with air for combustion. “Small wood boiler” means a fuel-burning device: With a rated thermal output of less than 350,000 Btu per hour; Designed to burn clean wood, wood pellets, or wood chips; That the manufacturer specifies for outdoor installation or indoor installation; and That distributes heated fluid through pipes for the purpose of supplying heat and/or hot water to building spaces. “Space heater” means fuel-burning equipment that consumes more than 60 percent of its annual fuel during the period from October 31 of one year through March 31 of the following year. For the purpose of this regulation, annual fuel use is the total fuel consumed during the period October 1 of one year to September 30 of the following year, beginning October 1, 1989. “System” means all combustion equipment owned or operated by a single business entity. “Used oil” means oil that has been refined from crude oil, or any synthetic oil, that has been used and, as result of the use, is contaminated by physical or chemical impurities. “Waste combustible fluid (WCF)” means a fluid waste material that: Is not used oil; Has been approved by the Department in accordance with the requirements in COMAR 26.13.02 to be burned as fuel in any fuel-burning equipment or other installation; and Has a heating value of 6,000 Btu or more per pound. Any source which is subject to the provision of this chapter is also subject to the provisions of any other chapter. However, when this chapter establishes an emission standard for a specific installation which differs from the general emission standards in COMAR 26.11.06.01—.09, this chapter takes precedence. A person who proposes to burn as fuel any used oil or WCF that contains quantifiable levels of PCB (2ppm) may also be subject to federal requirements under 40 CFR 761. When two or more fuel-burning equipment units are connected to a single stack, the combined heat input of all units connected to the stack shall be used to determine the allowable emissions for the stack. When a single fuel-burning equipment unit is connected to two or more stacks, the allowable emissions from all the stacks combined may not exceed that allowable for the same unit if connected to a single stack. Calculations. All calculations of particulate matter emissions to determine compliance with a concentration requirement expressed as grains per standard cubic foot or milligrams per cubic meter of dry exhaust gas, shall be corrected to 50 percent excess air. All calculations of particulate matter emissions to determine compliance with a mass emissions requirement expressed as pounds particulate matter per million Btu, shall be made in accordance with the procedures for determining particulate matter emission rates in 40 CFR Part 60 Appendix A, Method 19. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI: A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace has a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual oil may not be used at any time in any of this fuel-burning equipment having a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. Except as provided in §C, of this regulation: A person may not construct solid fuel-burning equipment that has a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972, having a rated heat input of less than 13 million Btu (13.7 gigajoules) per hour. A person may not construct fuel-burning equipment fitted with a rotary cup burner or replace a burner with a rotary cup burner. Areas III and IV. The following apply in Areas III and IV: A person may not construct fuel-burning equipment designed for use of residual fuel oil in which any individual furnace has a heat input of less than 13 million Btu (13.7 gigajoules) per hour. Residual fuel oil may not be used at any time in any such furnace having a heat input rate of less than 13 million Btu (13.7 gigajoules) per hour. Except as provided in §C, of this regulation: A person may not construct solid fuel-burning equipment that has a rated heat input of less than 35 million Btu (37 gigajoules) per hour. A solid fuel may not be used at any time in any fuel-burning equipment constructed after January 17, 1972 having a rated heat input of less than 35 million Btu (37 gigajoules) per hour. A person may not construct fuel-burning equipment designed to burn fuel oil with a rotary cup burner or replace a burner on fuel-burning equipment with a rotary cup burner. Exceptions. Fuel-Burning Equipment on Ships and Biomass Fuel-Burning Equipment. New fuel-burning equipment on ships is exempt from §§A(1) and B(1) of this regulation. The provisions of §§A and B of this regulation do not apply to fuel-burning equipment installed after May 1, 2014 that burns only biomass fuels. General. The Department may grant an exception to the prohibitions in §A(2) or §B(2), of this regulation, if the Department determines that: There will be no violation of ambient air quality standards or Prevention of Significant Deterioration (PSD) requirements; There will be no violation of applicable emission standards; There is minimum potential for creation of a nuisance; and There is reasonable assurance of fuel quality control. Application. A person may request exception under this section by submitting an application in writing. The application shall include the following information: Description of the proposed construction or modification, including the type and manufacturer of the fuel-burning equipment, fuel specifications, expected annual fuel consumption, type and manufacturer of any control equipment, and stack height. A contour map of the area (such as a U.S.G.S. 7.5 minute quadrangle map), a drawing of the property lines, the distance to the closest building not owned by the applicant, and a description of the surrounding area including major terrain features and building heights within 500 meters of the proposed construction. Any other information requested by the Department. Action on an Application. Within 30 days after receipt of a completed application, the Department will either deny the request for an exception or notify the applicant of its determination to proceed. Opportunity for Public Comment. Within 10 days after notification by the Department of a determination to proceed with the application for an exception, the applicant shall notify the public by prominent advertisement in at least one newspaper of general circulation in the area affected. The advertisement shall be at the expense of the applicant, in a format approved by the Department, and shall include a brief summary of the nature of the proposed source and a statement that an exception has been requested to allow the use of solid fuel, a statement that the public has 30 days to comment on the request for an exception after the advertisement publication date, the place where the relevant documents may be inspected, the name of a person to contact for further information, and the address to which the comments may be sent. Denial or Approval of an Application. Within 60 days after the comment period, the Department will issue its final determination in the form of an order. The Department will deny an application for an exception if it determines that the proposed use of solid fuel will not satisfy the criteria in §C(2), of this regulation. The Department will specify the reasons for the denial. If the application is approved, the order will specify any reasonable conditions or special control measures to be taken by the source to minimize emissions. Fuel Burning Equipment. Areas I, II, V, and VI. In Areas I, II, V, and VI, a person may not cause or permit the discharge of emissions from any fuel burning equipment, other than water in an uncombined form, which is greater than 20 percent opacity. Areas III and IV. In Areas III and IV, a person may not cause or permit the discharge of emissions from any fuel burning equipment, other than water in an uncombined form, which is visible to human observers except that, for the purpose of demonstrating compliance using COM data, emissions that are visible to a human observer are those that are equal to or greater than 10 percent opacity. Exceptions. Section A(1) and (2) of this regulation do not apply to emissions during load changing, soot blowing, startup, or adjustments or occasional cleaning of control equipment if: The visible emissions are not greater than 40 percent opacity; and The visible emissions do not occur for more than 6 consecutive minutes in any sixty minute period. Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel burning equipment that is subject to the requirement to install and operate a COM shall demonstrate compliance with the applicable visible emissions limitation specified in §A(1) and (2) of this regulation as follows: For units with a capacity factor greater than 25 percent, until December 31, 2009, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4 percent of the unit's operating time in any calendar quarter, during which time visible emissions: Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is greater; Do not exceed 70.0 percent opacity for more than four (4) 6-minute periods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two (2) six-minute periods; For units with a capacity factor greater than 25 percent, beginning January 1, 2010, compliance is achieved if visible emissions do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 2 percent of the unit's operating time in any calendar quarter, during which time visible emissions: Do not exceed 40.0 percent opacity, except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is greater; Do not exceed 70.0 percent opacity for more than four (4) six-minute periods, except that coal-fired units equipped with electrostatic precipitators may exceed 70.0 percent opacity for no more than 2.2 hours; and On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods; For units with a capacity factor equal to or less than 25 percent that operate more than 300 hours per quarter, beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 20.0 hours, during which time visible emissions: Do not exceed 40.0 percent opacity for more than 2.2 hours; Do not exceed 70 percent for more than four 6-minute periods; and On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods; and For units with a capacity factor equal to or less than 25 percent that operate 300 hours or less per quarter, beginning July 1, 2009, compliance with the applicable visible emissions limitation in §A(1) and (2) of this regulation is achieved if, during a calendar quarter, visible emissions do not exceed the applicable standard for more than 12.0 hours, during which time visible emissions: Do not exceed 40.0 percent opacity for more than 2.2 hours; Do not exceed 70.0 percent opacity for more than four 6-minute periods; and On any calendar day, do not exceed the applicable visible emissions limitation in §A(1) and (2) of this regulation for more than 4.1 hours, during which time visible emissions do not exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0 percent opacity for more than two 6-minute periods. Notwithstanding the requirements in §A(4) of this regulation, the Department may determine compliance and noncompliance with the visible emissions limitations specified in §A(1) and (2) of this regulation by performing EPA reference Method 9 observations. In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any ambient air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, or 63, as amended. Determining Violations. For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(1)(a) and (b), each day during a calendar quarter when the opacity of emissions from that unit during the calendar quarter or calendar day, as applicable, exceeds the emission limitations in §A(4)(a), (b), (c) and (d) of this regulation shall constitute a separate day of violation. A violation of §A(4)(a)(i), (ii), or (iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or §A(4)(d)(i), (ii) or (iii), of this regulation, as applicable, that occur on the same day shall constitute separate violations. A daily violation that occurs during the same calendar quarter as a quarterly violation is a separate violation. Fuel Burning Equipment Subject to Federal COM Requirements. Except for owners or operators of fuel burning equipment subject to any federal requirement that mandates operation of a COM and as provided in §D of this regulation, the owner or operator of fuel burning equipment required to install and operate a COM may discontinue the operation of the COM on fuel burning equipment that is served by a flue gas desulfurization device: When emissions from the equipment do not bypass the flue gas desulfurization device serving the equipment; When the flue gas desulfurization device serving the equipment is in operation; If the owner or operator has demonstrated to the Department's satisfaction, in accordance with 40 CFR §75.14, as amended, and all other applicable State and federal requirements, that water vapor is present in the flue gas from the equipment and would impede the accuracy of opacity measurements; and If the owner or operator has fully implemented an alternative plan, approved by the Department, for monitoring opacity levels and particulate matter emissions from the stack that includes: A schedule for monthly observations of visible emissions from the stack by a person trained to perform Method 9 observations; and Installation and operation of a particulate matter CEM that complies with all applicable State and federal requirements for particulate matter CEMs. If, for units equipped with a flue gas desulfurization device, emissions bypass the device and are discharged through a bypass stack, the bypass stack shall be equipped with a COM approved by the Department. Stationary Internal Combustion Engine Powered Equipment. Definitions. For the purpose of this section: “Idle” means the condition during which the engine is not performing the useful net work that enables the piece of equipment to accomplish its designated purpose. “Internal combustion engine” (hereafter “engine”) means all engines except those used for propulsion of ships or vehicles licensed to operate upon the public highway within the State, or engines employed solely for agricultural and recreational purposes unless they are an integral part of a stationary installation. Emissions During Idle Mode. A person may not cause or permit the discharge of emissions from any engine, operating at idle, greater than 10 percent opacity. Emissions During Operating Mode. A person may not cause or permit the discharge of emissions from any engine, operating at other than idle conditions, greater than 40 percent opacity. Exceptions. Section E(2) of this regulation does not apply for a period of 2 consecutive minutes after a period of idling of 15 consecutive minutes for the purpose of clearing the exhaust system. Section E(2) of this regulation does not apply to emissions resulting directly from cold engine start-up and warm-up for the following maximum periods: Engines that are idled continuously when not in service: 30 minutes; All other engines: 15 minutes. Section E(2) and (3) of this regulation do not apply while maintenance, repair, or testing is being performed by qualified mechanics. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI: Fuel Burning Equipment Constructed Before January 17, 1972. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in the fuel burning equipment erected before January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 1 in Regulation .09 of this chapter. New Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in any fuel burning equipment erected on or after January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 2 in Regulation .09 of this chapter. Exceptions. The control officer may grant exceptions to §A(1) of this regulation under the following conditions: When the application of §A(1), of this regulation, to a residential building housing two or less families creates undue economic hardship on individuals residing in it; or When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices. Fuel burning equipment on ships is exempt from the provisions of this regulation. The requirements in Figure 1 and Figure 2 in Regulation .09 of this chapter do not apply to fuel-burning equipment burning gas or distillate oil. Areas III and IV. The following apply in Areas III and IV: Dust-Collector Devices Required. A person may not cause or permit the combustion of residual fuel oil in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to satisfy the requirements of Table 1 in Regulation .09 of this chapter. This paragraph does not apply to fuel burning equipment where by-product gases or by-product gases in combination with residual fuel oil are burned and where the effluent gases do not contain particulate matter in excess of the requirements of Table 1 (see Regulation .09 of this chapter), as applicable to residual oil burning. A person may not cause or permit the combustion of solid fuel in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to meet the emission requirements of Table 1 in Regulation .09 of this chapter. Residual Fuel-Oil-Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of residual fuel oil to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter. Solid Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter. Gas or Distillate Fuel-Oil-Burning Equipment. The requirements in Table 1 in Regulation .09 of this chapter do not apply to gas or distillate oil fuel-burning equipment. Rotary Cup Burners. A person may not cause or permit the operation of a rotary cup burner on fuel-oil burning equipment having a maximum rated heat input of 13.0 million BTU (13.7 gigajoules) per hour or less, unless the fuel burning equipment operates on less than 60 days per calendar year. Exceptions. Fuel burning equipment burning gas with an interruptible gas service is exempt from the provisions of §B(1) and (2) of this regulation. Fuel oil burning equipment which has been fitted with a dust collector or for which a dust collector contract has been let before July 1, 1974, is exempt from the provisions of §B(5) of this regulation. The control officer may grant exceptions to §B(3) and (4) of this regulation under the following conditions: When the application of either requirement to a residential building housing two or less families creates undue economic hardship on individual families residing there; or When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices. Fuel burning equipment on ships is exempt from the provisions of this regulation. Determination of Compliance. Compliance with the particulate matter emissions standards in this regulation shall be calculated as the average of 3 test runs using EPA Test Method 5 or other United States Environmental Protection Agency test method approved by the Department. Small Wood Boilers and Biomass Fuel-Burning Equipment. Small wood boilers are exempt from the provisions of §§A and B of this regulation. The provisions of §§A and B of this regulation shall not apply to fuel-burning equipment installed after May 1, 2014 that burns only biomass fuels; however, the particulate matter requirements of Regulation .12 of this chapter apply. Sulfur Content Limitations for Fuel. A person may not burn, sell, or make available for sale any fuel with a sulfur content by weight in excess of or which otherwise exceeds the following limitations: In Areas I, II, V, and VI: The combustion of all solid fuels on a premises where the sum total maximum rated heat input of all fuel burning equipment located on the premises is 100 million Btu (106 gigajoules) per hour or greater may not result in a total emission of oxides of sulfur in excess of 3.5 pounds per million Btu (1.50 kilograms per gigajoule) actual heat input per hour; Residual fuel oils, 2.0 percent; Distillate fuel oils, 0.3 percent; Process gas used as fuel, 0.3 percent. In Areas III and IV: All solid fuels, 1.0 percent; Distillate fuel oils, 0.3 percent; Residual fuel oils, 1.0 percent. Exceptions. Fuel containing sulfur in excess of the amounts specified in §A of this regulation may be burned, sold, or made available for sale provided control equipment to desulfurize stack gases has been installed or other methods or devices are employed by the user or purchaser such that the discharge of sulfur dioxide to the atmosphere does not exceed that which would occur if fuels meeting the sulfur requirements of §A of this regulation were burned. Fuel burning installations on ships and the sale of fuel for these installations are exempt from the provisions of this regulation pertaining to the burning of fuel of specified sulfur content. For any premises located in Area I, for which the Department determines that compliance with this regulation will cause or exacerbate a violation of the National Ambient Air Quality Standards or federal Prevention of Significant Deterioration of Air Quality increments, the applicable emission standard is as follows: For solid fuel, 1.8 pounds oxides of sulfur per million Btu (0.75 kilogram per gigajoule) actual heat input per hour; For residual oil, 1.0 percent sulfur content by weight. In Areas III and IV, for any existing fuel-burning equipment of the cyclone type in excess of 1000 million Btu (1055 gigajoules) actual heat input per hour, the emission standard for solid fuel is 3.5 pounds oxides of sulfur per million Btu (1.6 kilograms per gigajoule) actual heat input. The provisions of §§A(1)(a) and A(2)(a) of this regulation shall not apply to fuel-burning equipment installed after May 1, 2014 that burns only biomass fuels. Request for Analyses. Any person offering to sell or deliver fuel or any person responsible for equipment in which fuel or process gas is burned, upon request, shall submit to the Department or control officer such analyses of fuel or process gas as may be required to determine compliance with this regulation. Applicability. 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: 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 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. Except as otherwise indicated, the emissions standards and requirements in this regulation apply at all times. General Requirements and Conditions. Emission Standards and Requirements. 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. Any other person subject to this regulation shall comply with the applicable source specific requirements in §§C—J of this regulation. Emission Standards in Pounds of NOx per Million Btu of heat input. Demonstration of Compliance. A person subject to a NOx emission standard in this regulation shall demonstrate compliance as follows: For installations equipped with a CEM, compliance with the NOx emissions standards in this regulation shall be established using CEM data; or 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. CEMs shall be certified in accordance with 40 CFR Part 60, Appendix B, or Part 75, Appendix A. 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. 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. For a person who establishes compliance using a stack test, compliance shall be determined as averages of the stack test duration. Alternative Standard. 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. A person who proposes an alternative emission standard for approval shall provide the following information to the Department: Uncontrolled NOx emissions for the installation established with a CEM, or stack tests obtained during steady state operation; Stack tests or other data from an existing similar installation demonstrating that the applicable standard cannot be met; Identification of all proposed combustion modifications, fuel conversions, or other equipment or process modifications proposed for implementation to meet the alternative standard; and 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. Emissions Averaging. 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. 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. 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). A person who proposes to average emissions to comply with this regulation shall: Have the capability to continuously monitor NOx emissions for each installation to be included in the emissions averaging; and 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. Operator Training. 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. The operator training course sponsored by the Department shall include an in-house training course that is approved by the Department. Requirements for Fuel-Burning Equipment with a Rated Heat Input Capacity of 250 Million Btu Per Hour or Greater. 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. The maximum NOx emission rates as pounds of NOx per Million Btu per hour are: 0.45 for tangentially coal fired units located at an electric generating facility (excluding high heat release units); 0.50 for wall coal fired units located at an electric generating facility (excluding high heat release units); 0.30 for oil fired or gas/oil fired units located at an electric generating facility; 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; 0.70 for a tangentially coal fired high heat release unit located at an electric generating facility; 0.80 for a wall coal fired high heat release unit located at an electric generating facility; and 0.6 for coal fired cell burners at an electric generating facility. 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. 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. Equipment Specifications and Standards. 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. 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. 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. 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: 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; Perform a combustion analysis for each installation at least once each year and optimize combustion based on the analysis; 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; 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 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. Requirements for Space Heaters. A person who owns or operates a space heater as defined in Regulation .01B of this chapter shall: Submit to the Department a list of each affected installation on the premises and the types of fuel used in each installation; 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; Implement the operating and maintenance plan and maintain the plan at the premises for review upon request by the Department; 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 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. 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. 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. 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: Provide certification of the capacity factor of the equipment to the Department in writing; 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; 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; 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 Maintain a record of training program attendance for each operator at the site, and make these records available to the Department upon request. 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. Repealed. Requirements for Glass Melting Furnaces. 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. Records on the daily oxygen tests shall be maintained on site for at least 2 years and made available to the Department upon request. 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: Maintain good operating practices as recommended by the equipment vendor to minimize NOx emissions; 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; Maintain and make available to the Department, upon request, the written in-house operator training program; Burn only gas in each installation, where gas is available, during the period May 1 through September 30 of each year; and 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. Reporting Requirements. 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. 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. 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. Table 1 Emission Standards and Dust Collector Performance Standards for Fuel-Burning Equipment Equipment Description Max. Rated Heat Inputin million Btu (gigajoules)per hour per furnace Max. Allowable Emissionsof Part. Matter—gr/scfd(mg/dscm) Existing and new equipmentburning residual oil Less than 13 (13.7)13—50 (13.7—52.8)50—250 (52.8—265) No Requirement (a)0.03 (69)0.020 (46) Existing and modifiedequipment (b) burningresidual oil Greater than 250 (265) 0.020 (46) New equipment burningresidual oil Greater than 250 (265) 0.01 (23) Equipment burningsolid fuel (c):Existing (b)NewNew and Existing Less than 250 (264)Less than 250 (264)250 (264) and Greater 0.05 (114)0.03 (69)0.03 (69) Construction of residual oil fired units of less than 13 million Btu (13.7 gigajoules) per hour prohibited (see Regulation .04). Built before July 1, 1975. Construction of new solid fuel fired units of less than 35 million Btu (37 gigajoules) per hour prohibited (see Regulation .04B). See Figures 1 & 2. Notes: The construction of new residual oil fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited under Regulation .04. The construction of new solid fuel-burning equipment under 13 MM Btu (13.7 gigajoules) per hour is prohibited unless an exception has been approved by the Department (see Regulation .04). New fuel-burning equipment over 250 MM Btu (263.8 gigajoules) per hour are regulated by NSPS source regulations COMAR 26.11.06.12. Depending on load factor, fuel ash content, and control equipment, fuel-burning equipment which has a heat input greater than approximately 25 MM Btu (26.4 gigajoules) per hour may be subject to Prevention of Significant Deterioration Review (40 U.S.C. Part §52.21) and consequent additional control requirement. General Requirements. A person who proposes to burn used oil in fuel-burning equipment shall submit the following information to the Department: A description of any fuel-burning equipment in which used oil is to be burned, including the unit’s location and rated heat input capacity; The type and amount of fuel currently being used in any fuel-burning equipment in which used oil is to be burned and the gallons of used oil expected to be burned annually; The maximum blend (percent) of used oil to be burned as fuel in any fuel-burning equipment at any time; and An analysis by an independent laboratory of a representative sample of the used oil, which shall include the concentration of each of the materials listed in §B of this regulation, the sulfur content, the PCB concentration, and the flash point. A person who burns fuel oil in fuel-burning equipment with a rated heat input capacity less than 50 million Btu per hour in accordance with a permit to construct or a registration pursuant to COMAR 26.11.02.02A may burn on-specification used oil in that equipment after submitting the information in §A(1) of this regulation. A person who is burning used oil or WCF under a current written approval from the Department may continue to burn the approved material if: The person demonstrates that any WCF being burned satisfies the definition of that term in Regulation .01B of this chapter; The used oil or WCF is being burned in an authorized installation; The conditions of the approval are continuously met; and The sulfur requirement in §B(1)(g) of this regulation is not exceeded. A person shall obtain written approval from the Department before burning: On-specification used oil in any fuel-burning equipment that has not been registered or previously issued a permit to construct pursuant to COMAR 26.11.02.02 to burn fuel oil; On-specification used oil in any fuel-burning equipment that has a rated heat input capacity of 50 million Btu per hour or greater; On-specification used oil in any installation other than fuel-burning equipment; or Waste combustible fluid or off-specification used oil as fuel in any installation. A person who obtains written approval from the Department to burn used oil or WCF shall burn only those materials for which approval has been obtained. Except as provided in §A(7) of this regulation and notwithstanding any applicable conditions in permits issued by the Department, a person may burn off-specification used oil only in those installations listed at 40 CFR §279.12(c). The requirement to burn off-specification used oil only in those installations listed at 40 CFR §279.12(c) does not apply if the used oil is off-specification only because of the sulfur content. Specifications for Used Oil. Except as provided in §B(2) of this regulation, used oil specifications are as follows: For used oil that satisfies the rebuttable presumption for halogens at 40 CFR §279.10(b)(1)(ii) and 40 CFR §279.63, the maximum allowable level for halogens is 4,000 ppm. Additional Requirements for Burning Used Oil or WCF Containing Polychlorinated Biphenyls (PCBs). Used oil or WCF containing quantifiable levels of PCB (i.e. 2 ppm or greater, but less than 50 ppm) may be burned only in those installations listed at 40 CFR §279.12(c) or 40 CFR §761. Used oil or WCF with a PCB concentration of 50 ppm or greater is hazardous waste and may only be burned in accordance with the requirements in COMAR 26.13.07 and 40 CFR §761. Reporting Requirements. By April 1of each year, a person subject to this regulation shall submit a report, in accordance with COMAR 26.11.01.05C, that provides information on: The quantity of used oil or WCF burned during the previous year; and The equipment in which the used oil or WCF was burned. Applicability. The requirements of this regulation apply to a person who owns or operates biomass fuel-burning equipment equal to or greater than 350,000 Btu/hr heat input capacity. Federal Requirements. The requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, are applicable. Requirements for Biomass Fuel-Burning Equipment Greater Than or Equal to 10 MMBtu/hr Heat Input Capacity. A person subject to the requirements of this regulation may not install or operate new biomass fuel-burning equipment, unless the following standards and requirements are met: A particulate matter emission standard of 0.07 lb/MMBtu heat input if the total heat input capacity is less than 30 MMBtu/hr; A particulate matter emission standard of 0.03 lb/MMBtu heat input if the total heat input capacity is equal to or greater than 30 MMBtu/hr; A NOx emission standard of 0.30 lb/MMBtu heat input, if the heat input capacity is less than or equal to 250 MMBtu/hr; A NOx emission standard of 0.25 lb/MMBtu heat input, if the heat input capacity is greater than 250 MMBtu/hr; and An initial and biennial tune-ups are conducted. Requirements for Biomass Fuel-Burning Equipment Greater Than 1.5 MMBtu/hr and Less Than 10 MMBtu/hr Heat Input Capacity. A person subject to the requirements of this regulation may not install or operate new biomass fuel-burning equipment unless the following standards and requirements are met: A particulate matter emission standard of 0.23 lb/MMBtu heat input in Areas I, II, V and VI; A particulate matter emission standard of 0.1 lb/MMBtu heat input in Areas III and IV; A NOx emission standard of 0.30 lb/MMBtu heat input; and An initial and biennial tune-ups are conducted. Requirements for Biomass Fuel-Burning Equipment Less Than or Equal to 1.5 MMBtu/hr and Greater than 350,000Btu/hr Heat Input Capacity. A person subject to the requirements of this regulation may not install or operate new biomass fired fuel-burning equipment that is less than equal to 1.5 MMBtu/hr heat input and greater than 350,000 Btu/hr heat input unless the following standards are met: A particulate matter emission standard of 0.35 lb/MMBtu heat input in Areas I, II, V and VI; A particulate matter emission standard of 0.1 lb/MMBtu heat input in Areas III and IV; A NOx emission standard of 0.30 lb/MMBtu heat input; and An initial and biennial tune-ups are conducted. A person subject to the requirements of this regulation may not operate biomass fuel-burning equipment installed prior to May 1, 2014 unless: An initial and biennial tune-ups are conducted; and All the standards and requirements of Regulations .03 and .05—.09 of this chapter are met. A person subject to the requirements of this regulation shall operate the fuel-burning equipment in accordance with the design and maintenance specifications of the manufacturer in order to meet and maintain compliance with the applicable emission standards and performance requirements. Startup and Shutdown Requirements. A person subject to the requirements of §§C, D and E of this regulation shall minimize the boiler's startup and shutdown periods following the: Manufacturer's recommended procedures, if available; or Recommended procedures for a unit of similar design for which manufacturer's recommended procedures are available if manufacturer's recommended procedures for the actual unit are not available. Compliance. A person subject to the requirements of: Section C of this regulation shall demonstrate compliance with the emissions standards by following 40 CFR Part 60, Appendix A, as amended. Sections D and E of this regulation shall demonstrate compliance by providing certification, on a form provided by the Department, from the manufacturer that the fuel-burning equipment is designed and tested to meet the applicable particulate matter and NOx standards including a copy of test results with EPA approved test methods on fuel-burning equipment in the same model line as the new fuel-burning equipment. The particulate matter emission standards of §C, D or E of this regulation who owns or operates biomass fuel-burning equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall: Demonstrate continuous compliance with the work practice and management practice standards as specified in 40 CFR 63; and Comply with the monitoring, installation, operation, and maintenance requirements as specified in 40 CFR 63. The NOx emission standards of §C of this regulation and who owns or operates biomass fuel-burning equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall meet the following requirements: For fuel-burning equipment with a heat-input capacity greater than or equal to 100 MMBtu/hr and less than 250 MMBtu/hr, demonstrate compliance with the NOx emission standards of §C of this regulation in accordance with Regulation .08B(2) of this chapter; and For fuel-burning equipment with a heat-input capacity greater than or equal to 250 MMBtu/hr subject to the requirements of §C of this regulation shall demonstrate compliance with the NOx emission standards of Regulation .12C of this chapter in accordance with Regulation .08B(2) of this chapter by installing, operating, calibrating, and maintaining a certified NOx CEM in accordance with Regulation .08C(3) of this chapter. Reporting and Record-Keeping Requirements. A person subject to the particulate matter emission standards of §C, D or E of this regulation who owns or operates biomass fuel-burning equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall comply with the notification, reporting, and record-keeping requirements of 40 CFR 63. A person subject to the NOx emission standards of §C of this regulation and who owns or operates biomass fuel-burning equipment subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ, as amended, shall comply with the reporting requirements of Regulation .08K of this chapter. A person subject to the to the emission standards of §C, D or E of this regulation who owns or operates biomass fuel-burning equipment not subject to the requirements of 40 CFR 63 Subparts DDDDD and JJJJJJ shall: Keep records for each boiler that identify: The date of tune-up operations; The procedures followed for tune-up; The manufacturer's specifications to which the boiler was tuned; The occurrence and duration of each malfunction of the boiler, or of the associated air pollution control, or monitoring equipment; and Actions taken during periods of malfunction to minimize emissions including corrective actions to restore the malfunctioning boiler, air pollution control, or monitoring equipment to its normal or usual manner of operation; and Maintain records on site for not less than 3 years, and make these records available to the Department upon request. Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland Effective date: July 18, 1980 (7:12 Md. R. 1148) Regulations .04A, B, .06B, and .08B, and Table 1, amended effective June 8, 1981 (8:9 Md. R. 800) Regulations .04, .05A, .06, .07B, .08C, Table 1, and Figure 2 amended effective April 16, 1984 (11:5 Md. R. 463) Regulation .05A amended effective December 3, 1984 (11:22 Md. R. 1899) For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01 Tables and Diagrams codified as Regulation .09 Chapter recodified from COMAR 10.18.09 to COMAR 26.11.09 Regulation .01 amended effective May 10, 1993 (20:9 Md. R. 781); June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); September 7, 1998 (25:18 Md. R. 1438); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) Regulation .01B amended effective June 21, 2004 (31:12 Md. R. 914); September 12, 2005 (32:18 Md. R. 1522) Regulation .01B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. R. 839) Regulation .01B amended effective May 18, 2009 (36:10 Md. R. 718); May 17, 2010 (37:10 Md. R. 724); September 20, 2010 (37:19 Md. R. 1285); June 13, 2011 (38:12 Md. R. 708); August 22, 2011 (38:17 Md. R. 1014); September 19, 2011 (38:19 Md. R. 1148); April 28, 2014 (41:8 Md. R. 474); February 12, 2018 (45:3 Md. R. 158) Regulation .02 amended effective September 19, 2011 (38:19 Md. R. 1148) Regulation .02B, C adopted effective September 7, 1998 (25:18 Md. R. 1438) Regulation .03C amended effective June 21, 2004 (31:12 Md. R. 914) Regulation .04A, B amended as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); amended permanently effective June 15, 2009 (36:12 Md. R. 839) Regulation .04A, B amended effective February 12, 2018 (45:3 Md. R. 158) Regulation .04C amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .05 amended effective November 11, 2002 (29:22 Md. R. 1724); May 17, 2010 (37:10 Md. R. 724) Regulation .05A amended effective November 24, 2003 (30:23 Md. R. 1653) Regulation .05A, E amended effective August 22, 2011 (38:17 Md. R. 1014) Regulation .06 amended effective November 11, 2002 (29:22 Md. R. 1724) Regulation .06C adopted effective June 21, 2004 (31:12 Md. R. 914) Regulation .06D adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 839) Regulation .06D amended effective April 28, 2014 (41:8 Md. R. 474); February 12, 2018 (45:3 Md. R. 158) Regulation .07B amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .08 repealed and new Regulation .08 adopted effective May 10, 1993 (20:9 Md. R. 781) Regulation .08 amended effective June 20, 1994 (21:12 Md. R. 1063); May 8, 1995 (22:9 Md. R. 648); October 18, 1999 (26:21 Md. R. 1631); September 18, 2000 (27:18 Md. R. 1665); November 11, 2002 (29:22 Md. R. 1724) Regulation .08A amended effective November 24, 2003 (30:23 Md. R. 1653) Regulation .08C amended effective March 3, 2014 (41:4 Md. R. 306) Regulation .08H amended effective July 20, 2015 (42:14 Md. R. 884) Regulation .08H repealed effective December 6, 2018 (45:24 Md. R. 1163) Regulation .08I amended effective July 20, 2015 (42:14 Md. R. 884) Regulation .08-1 adopted effective May 18, 2009 (36:10 Md. R. 718) Regulation .08-1 amended effective September 20, 2010 (37:19 Md. R. 1285) Regulation .08-1 repealed effective June 13, 2011 (38:12 Md. R. 708) Regulation .09 amended effective November 11, 2002 (29:22 Md. R. 1724); April 28, 2014 (41:8 Md. R. 474) Regulation .10 adopted effective September 7, 1998 (25:18 Md. R. 1438) Regulation .10 amended effective September 19, 2011 (38:19 Md. R. 1148) Regulation .10A amended effective April 28, 2014 (41:8 Md. R. 474) Regulation .11 adopted as an emergency provision effective February 4, 2009 (36:5 Md. R. 420); adopted permanently effective June 15, 2009 (36:12 Md. R. 839) Regulation .11 repealed effective February 12, 2018 (45:3 Md. R. 158) Regulation .12 adopted effective April 28, 2014 (41:8 Md. R. 474)