Md. Code Regs. 26.11.01.07 - Malfunctions and Other Temporary Increases of Emissions
A. Definitions.
(1) "Excess emissions" means an emission rate
which exceeds any applicable emission standard set forth in this subtitle
unless the emission rate is in compliance with an approved plan for compliance,
departmental order, consent order, or condition of a permit.
(2) "Malfunction" means sudden and
unavoidable failure of an installation to operate in a normal and usual manner.
Failures that are caused entirely or in part by inadequate design, poor
maintenance, careless operation, preventable upset conditions, or preventable
equipment breakdown may not be considered malfunctions.
B. Unless otherwise required by law, the
Department will consider any period of excess emissions to be a violation of
law, regardless of the cause. Information submitted pursuant to §§C
and D of this regulation will be considered, however, in determining whether
the excess emissions are the result of a malfunction and whether to commence an
administrative or judicial proceeding authorized by State and federal
law.
C. Report of Excess Emissions.
(1) In the case of any occurrence of excess
emissions, expected to last or actually lasting for 1 hour or more, from any
installation required by COMAR
26.11.02.13 a to obtain a State
permit to operate, the owner or operator shall report the onset and shall
report the termination of the occurrence to the Department by
telephone.
(2) Telephone reports of
excess emissions shall include the following information:
(a) The identity of the installation and the
person reporting;
(b) The nature or
characteristics of the emissions (for example, hydrocarbons,
fluorides);
(c) The time of
occurrence of the onset of the excess emissions and the actual or expected
duration of the occurrence; and
(d)
The actual or probable cause of the excess emissions.
D. Written Report of Excess
Emissions.
(1) When requested by the
Department, the owner or operator of any installation from which excess
emissions have occurred shall submit a written report to the Department within
10 days of receiving the request.
(2) The report shall set forth the following
information:
(a) The identity of the
installation;
(b) The nature or
characteristics of the emissions (for example, hydrocarbon,
fluorides);
(c) The time of
occurrence of the onset of the excess emissions and the duration of the
occurrence;
(d) The actual or
estimated quantity of excess emissions during the occurrence, and operating
data and calculations used in determining the quantity;
(e) The actual or probable cause of the
occurrence and whether the owner or operator contends that the cause is a
malfunction;
(f) The method of
correcting the cause of the excess emissions and minimizing the duration and
magnitude of the occurrence, including, if applicable, the use of overtime or
contractual assistance to make repairs as expeditiously as possible;
(g) A listing of all occurrences of excess
emissions from the installation, the duration of each occurrence, and the cause
of each occurrence for the last 1-year period or since the effective date of
this regulation, whichever is less;
(h) A copy of the maintenance plan for the
installation and documentation that the plan is appropriate for the
installation;
(i) Documentation
that the maintenance plan was being carried out before the occurrence of excess
emissions;
(j) The steps taken or
planned to prevent the reoccurrence of the excess emissions; and
(k) Any other information requested by the
Department which is relevant to the occurrence of excess emissions or a claim
by the owner or operator that the excess emissions were the result of a
malfunction.
E. Notwithstanding any provisions to
§§A-D, of this regulation, a decision by the Department not to
commence enforcement proceedings for an occurrence of excess emissions is not
intended to preclude the Department from considering all past periods of excess
emissions in determining whether to revoke or suspend a current operating
permit or not to issue an operating permit for a future period of
time.
F. The Department may exempt
the owner or operator of any installation from the reporting requirements of
§C, of this regulation, if it determines that other information submitted
to the Department meets the requirements of §C of this regulation, or the
information is of insignificant use to the Department.
Notes
Regulations .07A, B amended effective March 30, 1977 (4:7 Md. R. 579)
Regulations .07 and new Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 1839)
Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 1839)
Regulation .07 adopted effective September 10, 1978 (5:18 Md. R. 1387); amended effective January 2, 1980 (6:23 Md. R. 1839)
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