# COMAR Title 26 — Department of the Environment

## Subtitle 11 — Air Quality

### Chapter 36 — Distributed Generation

**Authority:** Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-401—2-404, 10-102, and 10-203, Annotated Code of Maryland

**Administrative History:** Effective date: June 13, 2011 (38:12 Md. R. 708)

**Administrative History:** Regulation .01B amended effective February 12, 2018 (45:3 Md. R. 158)

**Administrative History:** Regulation .02 amended effective February 12, 2018 (45:3 Md. R. 158)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective February 12, 2018 (45:3 Md. R. 158)

**Administrative History:** Regulation .04A amended effective February 12, 2018 (45:3 Md. R. 158)

#### Regulation .01 Definitions.

*COMAR 26.11.36.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Curtail” means to decrease on-site electric power consumption from the grid by:

    (a) Changing or shifting on-site electricity usage;

    (b) Operating an on-site participating engine; or

    (c) A combination of §B(1)(a) and (b) of this regulation.

  (2) “Curtailment service provider (CSP)” means any person, as defined in Environment Article, §1-101(h), Annotated Code of Maryland, that enters a contract with the facility to administer a demand response program.

  (3) “Demand response program” means a program that provides incentives to electricity consumers at a facility that curtails electricity usage.

  (4) “Engine” means a stationary reciprocating internal combustion engine (RICE) or stationary internal combustion engine, subject to 40 CFR Part 63 Subpart ZZZZ and 40 CFR Part 60 Subparts IIII or JJJJ, as amended.

  (5) “Facility” means a commercial, institutional, or industrial establishment that has on-site capability to generate electric power to be used internally to reduce on-site electric power consumption, to reduce the overall electric system demand, or for other purposes.

  (6) “Participating engine” means an internal combustion engine located at a participating facility that is operated as part of a demand response program.

  (7) “Participating facility” means a facility that has entered into a valid contract with a CSP to participate in a demand response program.

#### Regulation .02 Applicability.

*COMAR 26.11.36.02*

This chapter applies to a person who owns or operates an engine as defined in Regulation .01B of this chapter or a curtailment service provider.

#### Regulation .03 Requirements for Stationary Engines.

*COMAR 26.11.36.03*

A. The owner or operator of an engine is subject to requirements under 40 CFR Part 63 Subpart ZZZZ, as applicable.*

B. The owner or operator of an engine is subject to requirements, as applicable, under:

  (1) 40 CFR Part 60 Subpart IIII*; or

  (2) 40 CFR Part 60 Subpart JJJJ*.

* In May 2015, the United States Court of Appeals for the District of Columbia Circuit vacated paragraphs 40 CFR 60.4211(f)(2)(ii)—(iii), 60.4243(d)(2)(ii)—(iii), and 63.6640(f)(2)(ii)—(iii). Therefore, engines subject to this chapter do not have to comply with those provisions.

#### Regulation .04 Annual Report Requirement for Curtailment Service Providers (CSPs).

*COMAR 26.11.36.04*

A. A CSP that administers a demand response program for a participating facility in the State shall provide the following information to the Department in an annual report:

  (1) The name and address of each participating facility and the telephone number and name of a contact person;

  (2) The identification of each participating engine at the facility, including:

    (a) The registration number assigned by the Department for each engine and its rated capacity in horsepower and kilowatts;

    (b) The manufacturer and model;

    (c) The installation date;

    (d) The type of fuel used in each engine;

    (e) A copy of or the mail log number associated with The Public Service Commission of Maryland Certificate of Public Convenience and Necessity (CPCN) Exemption, pursuant to Public Utility Companies Article, §7-207.1, Annotated Code of Maryland, as applicable, including unit type of generator, for example, Type I Generator, Type II Generator; and

    (f) The PJM Interconnection, LLC utility zone for the participating facility;

  (3) A description of the demand response program for each participating engine;

  (4) As called for by the CSP, the dates on which each engine was requested to operate during the year and the hours of operation on each date, including:

    (a) The reason for operating the engine under a demand response program;

    (b) The starting and ending times when each engine was requested to operate as called for by the CSP; and

    (c) The total kilowatt hours of generation during each demand response operation;

  (5) A list of curtailment activities at each participating facility, the total hours and the total kilowatt hours of generation curtailment as called for by the CSP;

  (6) A brief description of any significant increase or decrease in the total hours of demand response operation compared to total operation during the previous year; and

  (7) An attestation from the CSP that the CSP has:

    (a) Attempted to collect the required information from each participating facility or other appropriate source; and

    (b) Provided information that is true and correct to the best of their knowledge and is not misleading.

B. Each CSP may mark the annual report and its contents as confidential at the time of submission to indicate to the Department that the information is confidential commercial information, confidential financial information, a trade secret, or otherwise subject to mandatory non-disclosure requirements under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

C. The annual report, including one hard copy and one electronic copy, shall be submitted to the Department and the Public Service Commission of Maryland by no later than April 1 of the following year, beginning April 1, 2012, for calendar year 2011.