Chapter 18. Control of Agriculturally Related Installations
Regulation .01 Definitions.LinkCopy Citation
A.
“Char-broiler” means any equipment, device, or contrivance used for the cooking of meat on a grill through radiant heating.
B.
“Cooking area” means the area of a grill or pit opening, as determined by the inside dimensions bordering on the retaining framework or containment wall.
C.
“Grill” means any perforated framework used to broil meat.
D.
“Habitable dwelling” means a dwelling that is inhabited on a full or part-time basis as a residence. Habitable dwelling does not include a dwelling located on the same property that has a char-broiler or pit barbeque.
E.
“Offal” means the refuse from slaughtered or salvageable dead animals, crustaceans, or any other animal form, including but not limited to, heads, feet, viscera, hair, blood, feathers, bones, scales, or oils.
F.
“Orchard heaters” means any installation used or capable of being used for the purpose of giving protection from frost.
G.
“Pit barbecue” means any equipment, device, or contrivance for the cooking of meat on a spit using radiant heating.
H.
“Preparation” means skinning, cutting, grinding, cooking, drying, or any other operation necessary for the preparation of offal before the completion of sterilization.
I.
“Reduction” means any heated process, including rendering, cooking, drying, dehydrating, acidulating, digesting, evaporating, and protein concentrating.
J.
“Spit” means any pointed rod or similar device used to support meat over a heat source.
Regulation .02 Applicability.LinkCopy Citation
Any source which is subject to the provisions 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 emissions standard in COMAR 26.11.06.01--.09, this chapter takes precedence.
Regulation .03 Grain-Drying and Grain-Handling Installations.LinkCopy Citation
A.
Areas I, II, V, and VI.
(1)
A person may not cause or permit the operation of any grain drying installation unless all exhaust gases discharged pass through a 24 mesh screen or the installation is fitted with other equipment or incorporates design features that will accomplish equally effective results in reducing particulate matter discharge. “Mesh” means Tyler Standard Screen Scale or its equivalent.
(2)
A person may not cause or permit the operation of any grain drying or handling operation unless the following procedures are used:
(a)
Proper housekeeping and equipment maintenance procedures, including, but not limited to, prompt removal of “beeswing” accumulation by a technique which prevents this material from re-entering the ambient air;
(b)
Reasonable precautions to minimize emissions from grain receiving, conveyance, or load-out facilities in accordance with good engineering design and operational procedures.
(3)
Exceptions.
(a)
All grain drying installations in operation before January 1, 1975, are exempt from the provisions of §A(1) of this regulation, unless otherwise ordered by the Department after the receipt of complaints which have been substantiated by Departmental investigation.
(b)
Grain drying equipment with a total operating capacity of 1,000 bushels (35.2 cubic meters) per hour or less (manufacturer's rated capacity at 5 percent moisture removal), located on a farm and more than 200 feet (61 meters) from a habitable dwelling, is exempt from the provisions of §A(1), of this regulation.
(c)
Loading methods dependent upon the design of an ocean going carrier used as a standard technique at international ports are exempt from the provisions of §A(1) and (2) of this regulation.
B.
Areas III and IV.
(1)
A person may not cause or permit the operation of any grain-drying installation unless all exhaust gases discharged pass through a 24 mesh screen or the installation is fitted with other equipment or incorporates design features that will accomplish equally effective results in reducing particulate matter discharge. “Mesh” means Tyler Standard Screen Scale or its equivalent.
(2)
Exemptions.
(a)
All grain-drying installations, except those in the City of Baltimore, in operation before January 1, 1975, are exempt from the provisions of §B(1), of this regulation, unless otherwise ordered by the Department after receipt of complaints which have been substantiated by Departmental investigation.
(b)
Grain-drying equipment with a total operating capacity of 1,000 bushels per hour or less (manufacturer's rated capacity at 5 percent moisture removal), located on a farm and more than 200 feet (60.9 meters) from a habitable dwelling, is exempt from the provisions of §B(1), of this regulation.
(3)
A person may not cause or permit the operation of any grain-handling installation not located on a farm without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall include:
(a)
Proper housekeeping and cleaning throughout the entire facility, including but not limited to, the prompt removal of spilled and fugitive “beeswings” and grain-dust accumulation by a technique which prevents this material from escaping into the atmosphere.
(b)
Covering, at all times when in motion, open-bodied vehicles transporting dusty material except for agricultural products in their natural state.
(c)
Proper maintenance of all aspiration systems and dust collection devices.
(d)
The use of good engineering design and operational practices that will minimize emissions from grain receiving, conveying, processing, mixing, and load-out facilities. For those operations listed below, located within the City of Baltimore, good engineering design and operational practices shall include the following:
(i)
For grain exporting terminals only, use of aspiration systems and fabric filter dust collection devices on cleaning, separating, handling, conveying, and internal transferring equipment unless specifically exempted by the Department due to the nature, size, throughput, or location of the equipment.
(ii)
Use of aspiration systems and fabric filter dust collection devices on all truck and railroad car unloading (dump pit) and load-out areas. All unloading (dump pit) and load-out areas shall be enclosed in sheds or buildings and utilize means or devices (including quick-closing doors, air curtains, or wind deflectors) to minimize the effect of wind currents and drafts. Any alternative method, technique, or system, which is equally effective in reducing emissions may be used if approved by the Department.
(iii)
Use of a system for the loading of grain onto a ship or barge which shall include the use of telescoping loading spouts and automatic level sensing devices. Each spout shall include an aspiration system exhausting to a fabric filter dust-collection device. While loading grain, each spout shall be kept at a height no greater than 2 feet (0.6 meter) above the level of the grain surface or at the full extension of the spout except during topping-off operations or when trimming machines are being used. The Department may approve the use of alternative control devices, methods, techniques, work practices, or process changes, provided that emissions during loading are not greater than 20 percent opacity.
(4)
A person may not cause or permit to be discharged into the outdoor atmosphere from any emission control equipment installed in accordance with the requirements of §B(3), of this regulation, particulate matter in excess of 0.03 gr/SCFD (68.7 mg/dscm).
(5)
Compliance Schedule.
(a)
A person who elects to achieve compliance with §B(3)(d)(iii) of this regulation through the use of telescoping loading spouts, level sensing devices, aspiration systems and fabric filter dust collection devices, shall adhere to the increments of progress contained in the following schedule:
(i)
By June 1, 1981, submission of a permit to construct application for the installation necessary to achieve compliance;
(ii)
By January 1, 1982, beginning of construction of those installations necessary to achieve compliance;
(iii)
By December 1, 1982, completion of construction and beginning of operations of those installations necessary to achieve compliance.
(b)
A person who elects to achieve compliance with §B(3)(d)(iii) of this regulation through the use of approved alternative techniques shall adhere to the increments of progress contained in the following schedule:
(i)
By July 1, 1979, submission of a detailed compliance program together with all required permit to construct applications for the installations necessary to achieve compliance;
(ii)
As expeditiously as practicable, but not later than July 1, 1980, complete the approved alternative techniques as described in the compliance program.
Regulation .04 Control of Orchard Heaters in Areas I, II, V, and VI.LinkCopy Citation
A person may not cause or permit to be used any type of orchard heater or other frost control device which discharges into the atmosphere more than 1 gram per minute of unconsumed carbonaceous matter.
Regulation .05 Control of Odors from the Reduction of Offal.LinkCopy Citation
A.
A person may not cause or permit the use of any installation primarily engaged in the reduction of offal unless all gases, vapors, and gas-entrained matter from the installation are:
(1)
First cooled to a temperature of not greater than 160°F (71°C); and then
(2)
The non-condensible fraction is incinerated at a temperature of not less than 1400°F (760°C) for a period of not less than 0.4 seconds.
B.
Alternate methods may be used if determined by the Department to be equally or more effective for the purpose of controlling air pollution.
C.
Any person processing or incinerating gases, vapors, or gas-entrained matter, as required by §A of this regulation, when ordered by the Department, shall install, operate, and maintain in good working order and calibration continuous recording devices for indicating temperature or pressure or other operating conditions. These devices shall be approved by the Department and all data collected, when ordered by the Department, shall be made available to the Department or the control officer for inspection or copying. This data shall be kept on file by responsible persons for at least 5 years.
D.
A person may not cause or permit any offal to be handled, transported, or stored, or to undertake the preparation of any offal without taking reasonable precautions to prevent odors from being discharged. Reasonable precautions, when approved by the Department, shall include, but not be limited to, the following:
(1)
Storage of all offal, before or in the process of preparation, in properly enclosed and vented equipment or areas, together with the use of effective devices and methods to prevent the discharge of odors bearing gases;
(2)
Use of covered vehicles or containers of watertight construction for the handling and transporting of offal;
(3)
Use of hoods and fans to enclose and vent the storage, handling, preparation, and conveying of any odorous materials together with effective devices or methods, or both, to prevent emissions of odors or odor bearing gases.
E.
Whenever the emissions from an installation primarily engaged in the reduction of offal creates a nuisance or air pollution beyond the property line, the Department may require that the building in which the installation is located be vented so that all emissions are treated by incineration or by other methods if determined by the Department to be equally or more effective for the purpose of controlling emissions.
F.
The requirements of this regulation do not apply to any installation engaged exclusively in the processing of food for human consumption.
Regulation .06 Control of Emissions from Certain Food Preparation Installations.LinkCopy Citation
A.
Applicability.
(1)
This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area of 5 square feet (0.46 square meters) or less.
(2)
This regulation does not apply to a person who owns or operates a char-broiler or pit barbecue with a total cooking area greater than 5 square feet (0.46 square meters) and which:
(a)
Operates at one location less than 15 days in any 365-day period; or
(b)
Operates at one location 2 days or less in any 7-day period.
B.
Visible Emissions.
(1)
A person who owns or operates a char-broiler or pit barbecue constructed after December 17, 1974, that is located within 300 feet of the property line of any habitable dwelling may not cause or permit the discharge of emissions greater than 10 percent opacity.
(2)
A person who constructs, owns, or operates a char-broiler or pit barbecue not subject to §B(1), of this regulation, may not cause or permit the discharge of emissions greater than 30 percent opacity.
(3)
A person who owns or operates any char-broiler or pit barbecue subject to this regulation is not eligible for a visible emission exception under COMAR 26.11.06.02B.
(4)
Compliance with this section may not be construed as an authorization to create a nuisance or air pollution.
C.
Control Device Requirements for New Sources Near Habitable Dwellings.
(1)
A person who constructs a char-broiler or pit barbecue and is subject to §B(1), of this regulation, shall install an approved control device unless the person demonstrates to the satisfaction of the Department that the installation, when operated without control equipment, will meet §B(1) of this regulation.
(2)
For the purpose of determining whether an installation will meet §B(1) of this regulation without control equipment, the Department will accept a demonstration that the operation of an existing installation of identical or similar construction at maximum rated capacity will not discharge emissions that exceed 10 percent opacity.
Chapter annotations
Authority: Environment Article, Title 2, Annotated Code of Maryland
History: Effective date: July 18, 1980 (7:12 Md. R. 1148)
History: Regulation .01 amended, and .06 adopted effective February 10, 1984 (10:26 Md. R. 2341)
History: Regulation .06B amended effective July 2, 1985 (12:11 Md. R. 1050)
History: For the history of this subtitle before June 18, 1980, see the Administrative History of COMAR 26.11.01.
History: Chapter recodified from COMAR 10.18.20 to COMAR 26.11.18
History: Regulation .05C amended effective January 23, 2023 (50:1 Md. R. 9)