<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 26.11.38.05" title_num="26" subtitle_num="11" chapter_num="38" heading="Compliance Demonstration Requirements.">
  <paragraph num="A.">
    <text>Procedures for Demonstrating Compliance with Regulation .03A of this Chapter.</text>
    <paragraph num="(1)">
      <text>An affected electric generating unit shall demonstrate, to the Department’s satisfaction, compliance with Regulation .03A(2) of this chapter, using the information collected and maintained in accordance with Regulation .03A(1) of this chapter and any additional documentation available to and maintained by the affected electric generating unit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An affected electric generating unit shall not be required to submit a unit-specific report consistent with §A(3) of this regulation when the unit emits at levels that are at or below the following rates:</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The owner or operator of an affected electric generating unit subject to Regulation .03A(2) of this chapter shall submit a unit-specific report for each day the unit exceeds its NOx emission rate under §A(2) of this regulation, which shall include the following information for the entire operating day:</text>
      <paragraph num="(a)">
        <text>Hours of operation for the unit;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Hourly averages of operating temperature of installed pollution control technology;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Hourly averages of heat input (MMBtu/hr);</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Hourly averages of output (MWh);</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Hourly averages of ammonia or urea flow rates;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Hourly averages of NOx emissions data (lbs/MMBtu and tons);</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Malfunction data;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>The technical and operational reason the rate was exceeded, such as:</text>
        <paragraph num="(i)">
          <text>Operator error;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Technical events beyond the control of the owner or operator (e.g. acts of God, malfunctions); or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Dispatch requirements that mandate unplanned operation (e.g. start-ups and shut-downs, idling, and operation at low voltage or low load);</text>
        </paragraph>
      </paragraph>
      <paragraph num="(i)">
        <text>A written narrative describing any actions taken to reduce emission rates; and</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Other information that the Department determines is necessary to evaluate the data or to ensure that compliance is achieved.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>An exceedance of the emissions rate under §A(2) of this regulation as a result of factors including but not limited to start-up, shut-down, days when the unit was directed by the electric grid operator to operate at low load or to operate pursuant to any emergency generation operations required by the electric grid operator, including necessary testing for such emergency operations, or which otherwise occurred during operations which are deemed consistent with the unit’s technological limitations, manufacturers’ specifications, good engineering and maintenance practices, and good air pollution control practices for minimizing emissions, shall not be considered a violation of Regulation .03A(2) of this chapter provided that the provisions of the approved plan as required in Regulation .03A(1) of this chapter are met.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Procedures for Demonstrating Compliance with NOx Emission Rates under this Chapter.</text>
    <paragraph num="(1)">
      <text>Compliance with the NOx emission rate limitations in Regulations .03B(1) and D(2); .04B(1)(b) and B(4), C(1)—(3), and E(1)(b); and .05A(2) of this chapter shall be demonstrated with a continuous emission monitoring system that is installed, operated, and certified in accordance with 40 CFR Part 75.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For Regulations .03B(1) and .04C(1)—(3) of this chapter, in order to calculate the 30-day systemwide rolling average emission rates, if 29 system operating days are not available from the current ozone season, system operating days from the previous ozone season shall be used.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For Regulation .04B(1)(b) of this chapter, in order to calculate the 30-day rolling average emission rates, if 29 operating days are not available from the current ozone season, operating days from the previous ozone season shall be used.</text>
    </paragraph>
  </paragraph>
</regulation>