Md. Code Regs. 26.11.06.02 - Visible Emissions
A.
General Exceptions.
(1) The visible emission
standards set forth in §C of this regulation, do not apply to emissions
from the installations or sources listed below:
(a) The burning of wood in
fireplaces;
(b) Open fires (except
salamanders) permitted under provisions of COMAR
26.11.07.03 a, .04, and
.05;
(c) Fugitive emissions from
iron and steel production installations in compliance with COMAR
26.11.10.03 a B;
(d) Fugitive emissions from metallurgical,
slot-type, byproduct coke ovens in compliance with COMAR
26.11.10.03 a C;
(e) Emissions from grain drying and
grain-handling installations in compliance with COMAR
26.11.18.03 a;
(f) Fugitive emissions from skull cracker
oxygen lancing in compliance with COMAR
26.11.10.04 a C;
(g) Fugitive emissions from batch-type
hot-dip galvanizing installations in compliance with COMAR
26.11.12.04 a;
(h) Confined emissions from glass melting
furnaces and fugitive emissions from forming and post-forming equipment in
compliance with COMAR
26.11.25.03 a;
(i) Emissions from food preparation
installations subject to COMAR
26.11.18.06 a;
(j) Emissions at a federal facility or other
facility under contract with a federal facility that result from testing,
training, or demonstrations of explosives, obscurant materials, propellants, or
other incendiary devices; or
(k)
Sources in compliance with Regulation .03C and D of this chapter.
(2) The visible emissions
standards in §C of this regulation do not apply to emissions during
start-up and process modifications or adjustments, or occasional cleaning of
control equipment, if:
(a) The visible
emissions are not greater than 40 percent opacity; and
(b) The visible emissions do not occur for
more than 6 consecutive minutes in any 60 minute period.
B. Case-by-Case Exception to
Visible Emissions Standards.
(1) Except as
provided in §B(5) of this regulation, a person who owns or operates an
existing installation subject to a visible emissions standard in §C of
this regulation may request an exception. The request shall be submitted to the
Department in writing and shall include the following:
(a) A description of the installation and all
associated air pollution control devices;
(b) Process information, including operating
parameters and the substances that cause or the substances that are suspected
of causing the visible emissions;
(c) A demonstration, based on stack tests, a
material balance, or other method of equivalent certainty that all other
applicable regulations are met when the visible emissions occur;
(d) An analysis of any methods that may be
available to reduce the visible emissions, the cost effectiveness of the
methods, and the economic burden that would result from the use of these
methods; and
(e) Any other
information requested by the Department and relating to its determination to
grant or deny an exception.
(2) The application for an exception to a
visible emissions standard will be processed as follows:
(a) Within 10 working days, the Department
will acknowledge receipt of an application for an exception to a visible
emissions standard.
(b) Within 60
days after receipt of a completed application, the Department shall notify the
applicant of its intent to proceed with the application or deny the request.
The Department will make a determination to proceed if the conditions in
§B(2)(c)(i)-(iii) and (d) of this regulation are met.
(c) Conditions.
(i) The applicant has provided an adequate
demonstration that the installation for which a visible emissions exception is
requested meets all other applicable air pollution control requirements within
this subtitle when the visible emissions occur.
(ii) The applicant has demonstrated to the
satisfaction of the Department that complying with the applicable visible
emission standard would cause an unreasonable economic burden.
(iii) The applicant has demonstrated to the
satisfaction of the Department that the applicant has sufficient control of the
installation to be capable of meeting an alternative visible emission limit
established by the Department.
(d) Test Methods. A person shall demonstrate
compliance with all other applicable regulations, as required by §B(1)(c)
of this regulation, through the use of:
(i)
Applicable federally approved test methods in the Department's TM 91-01 "Test
Methods and Equipment Specifications for Stationary Sources", which is
incorporated by reference in COMAR
26.11.01.04 a C; or
(ii) Other compliance methods required under
this subtitle that are federally enforceable.
(e) Test Methods for Visible Emissions.
Compliance with any visible emissions or opacity standard in this subtitle,
including any alternative opacity standard established pursuant to this
section, shall be determined using applicable federally approved test methods
in the Department's TM 91-01 "Test Methods and Equipment Specification for
Stationary Sources", which is incorporated by reference in COMAR
26.11.01.04 a C, or any other
applicable federally approved test method.
(3) Opportunity for Public Comment.
(a) Within 10 days after notification by the
Department of a determination to proceed, the applicant shall notify the
public, by local notice and by prominent advertisement in at least one
newspaper of general circulation in the region where the applicant's source is
located, of the opportunity to comment on the application.
(b) The advertisement shall be made at the
applicant's expense and in a format approved by the Department, and shall
include a summary of all the information in the application that was considered
by the Department.
(4)
Final Action on a Request for an Application.
(a) The Department will make a final
determination on the application after considering any public
comments.
(b) If an exception is
granted, the Department will issue an order which establishes an alternative
opacity standard applicable to the installation receiving the exception. The
order may also include any conditions or requirements determined by the
Department to be necessary to insure continuous compliance with the alternative
standard.
(c) Exceptions may not be
granted for a period of more than 5 years and may be renewed. In requesting a
renewal of a visible emissions exception, the applicant shall submit an
application and satisfy all the requirements in this regulation that relate to
an initial exception request, including the opportunity for public comment
required in §B(3) of this regulation.
(5) The Department or control officer may
bypass the procedure above and may grant exceptions to visible emission
requirements if the:
(a) Application of a
visible emission requirement to a residential building housing two or fewer
families creates undue economic hardship on individuals residing in it;
or
(b) Equipment's primary way of
transferring heat is by the radiant method rather than a piped fluid system
such as forced hot air, hot water, or steam. Equipment in this category would
include stoves, room heaters, floor or wall-mounted circulating heaters, or
similar devices.
C. Visible Emission Standards.
(1) In Areas I, II, V, and VI a person may
not cause or permit the discharge of emissions from any installation or
building, other than water in an uncombined form, which is greater than 20
percent opacity.
(2) In Areas III
and IV a person may not cause or permit the discharge of emissions from any
installation or building, other than water in an uncombined form, which is
visible to human observers.
Notes
Regulation .02C amended effective January 5, 1988 (14:24 Md. R. 2555)
Regulations .02D amended effective October 10, 1981 (8:18 Md. R. 1480); February 10, 1984 (10:26 Md. R. 2341)
Regulation .02A amended effective August 11, 1997 (24:16 Md. R. 1160); November 11, 2002 (29:22 Md. R. 1724); November 24, 2003 (30:23 Md. R. 1653)
Regulation .02B amended effective July 3, 1995 (22:13 Md. R. 969)
Regulation .02C amended effective November 11, 2002 (29:22 Md. R. 1724)
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