Md. Code Regs. 26.11.09.05 - Visible Emissions
A. Fuel
Burning Equipment.
(1) Areas I, II, V, and VI.
In Areas I, II, V, and VI, a person may not cause or permit the discharge of
emissions from any fuel burning equipment, other than water in an uncombined
form, which is greater than 20 percent opacity.
(2) Areas III and IV. In Areas III and IV, a
person may not cause or permit the discharge of emissions from any fuel burning
equipment, other than water in an uncombined form, which is visible to human
observers except that, for the purpose of demonstrating compliance using COM
data, emissions that are visible to a human observer are those that are equal
to or greater than 10 percent opacity.
(3) Exceptions. Section A(1) and (2) of this
regulation do not apply to emissions during load changing, soot blowing,
startup, 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
sixty minute period.
(4)
Fuel Burning Equipment Required to Operate a COM. The owner or operator of fuel
burning equipment that is subject to the requirement to install and operate a
COM shall demonstrate compliance with the applicable visible emissions
limitation specified in §A(1) and (2) of this regulation as follows:
(a) For units with a capacity factor greater
than 25 percent, until December 31, 2009, compliance is achieved if visible
emissions do not exceed the applicable visible emissions limitation in
§A(1) and (2) of this regulation for more than 4 percent of the unit's
operating time in any calendar quarter, during which time visible emissions:
(i) Do not exceed 40.0 percent opacity,
except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is
greater;
(ii) Do not exceed 70.0
percent opacity for more than four (4) 6-minute periods, except that coal-fired
units equipped with electrostatic precipitators may exceed 70.0 percent opacity
for no more than 2.2 hours; and
(iii) On any calendar day, do not exceed the
applicable visible emissions limitation in §A(1) and (2) of this
regulation for more than 4.1 hours, during which time visible emissions do not
exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0
percent opacity for more than two (2) six-minute periods;
(b) For units with a capacity factor greater
than 25 percent, beginning January 1, 2010, compliance is achieved if visible
emissions do not exceed the applicable visible emissions limitation in
§A(1) and (2) of this regulation for more than 2 percent of the unit's
operating time in any calendar quarter, during which time visible emissions:
(i) Do not exceed 40.0 percent opacity,
except for 5.0 hours or 0.5 percent of the unit's operating time, whichever is
greater;
(ii) Do not exceed 70.0
percent opacity for more than four (4) six-minute periods, except that
coal-fired units equipped with electrostatic precipitators may exceed 70.0
percent opacity for no more than 2.2 hours; and
(iii) On any calendar day, do not exceed the
applicable visible emissions limitation in §A(1) and (2) of this
regulation for more than 4.1 hours, during which time visible emissions do not
exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0
percent opacity for more than two 6-minute periods;
(c) For units with a capacity factor equal to
or less than 25 percent that operate more than 300 hours per quarter, beginning
July 1, 2009, compliance with the applicable visible emissions limitation in
§A(1) and (2) of this regulation is achieved if, during a calendar
quarter, visible emissions do not exceed the applicable standard for more than
20.0 hours, during which time visible emissions:
(i) Do not exceed 40.0 percent opacity for
more than 2.2 hours;
(ii) Do not
exceed 70 percent for more than four 6-minute periods; and
(iii) On any calendar day, do not exceed the
applicable visible emissions limitation in §A(1) and (2) of this
regulation for more than 4.1 hours, during which time visible emissions do not
exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0
percent opacity for more than two 6-minute periods; and
(d) For units with a capacity factor equal to
or less than 25 percent that operate 300 hours or less per quarter, beginning
July 1, 2009, compliance with the applicable visible emissions limitation in
§A(1) and (2) of this regulation is achieved if, during a calendar
quarter, visible emissions do not exceed the applicable standard for more than
12.0 hours, during which time visible emissions:
(i) Do not exceed 40.0 percent opacity for
more than 2.2 hours;
(ii) Do not
exceed 70.0 percent opacity for more than four 6-minute periods; and
(iii) On any calendar day, do not exceed the
applicable visible emissions limitation in §A(1) and (2) of this
regulation for more than 4.1 hours, during which time visible emissions do not
exceed 40.0 percent opacity for more than 1.4 hours and do not exceed 70.0
percent opacity for more than two 6-minute periods.
(5) Notwithstanding the
requirements in §A(4) of this regulation, the Department may determine
compliance and noncompliance with the visible emissions limitations specified
in §A(1) and (2) of this regulation by performing EPA reference Method 9
observations.
B. Determining Violations.
(1) For each unit required to operate a COM
pursuant to COMAR
26.11.01.10 a A(1)(a) and (b),
each day during a calendar quarter when the opacity of emissions from that unit
during the calendar quarter or calendar day, as applicable, exceeds the
emission limitations in §A(4)(a), (b), (c) and (d) of this regulation
shall constitute a separate day of violation.
(2) A violation of §A(4)(a)(i), (ii), or
(iii), §A(4)(b)(i), (ii) or (iii), §A(4)(c)(i), (ii) or (iii), or
§A(4)(d)(i), (ii) or (iii), of this regulation, as applicable, that occur
on the same day shall constitute separate violations.
(3) A daily violation that occurs during the
same calendar quarter as a quarterly violation is a separate
violation.
C. Fuel
Burning Equipment Subject to Federal COM Requirements. Except for owners or
operators of fuel burning equipment subject to any federal requirement that
mandates operation of a COM and as provided in §D of this regulation, the
owner or operator of fuel burning equipment required to install and operate a
COM may discontinue the operation of the COM on fuel burning equipment that is
served by a flue gas desulfurization device:
(1) When emissions from the equipment do not
bypass the flue gas desulfurization device serving the equipment;
(2) When the flue gas desulfurization device
serving the equipment is in operation;
(3) If the owner or operator has demonstrated
to the Department's satisfaction, in accordance with
40 CFR §
75.14, as amended, and all other applicable
State and federal requirements, that water vapor is present in the flue gas
from the equipment and would impede the accuracy of opacity measurements;
and
(4) If the owner or operator
has fully implemented an alternative plan, approved by the Department, for
monitoring opacity levels and particulate matter emissions from the stack that
includes:
(a) A schedule for monthly
observations of visible emissions from the stack by a person trained to perform
Method 9 observations; and
(b)
Installation and operation of a particulate matter CEM that complies with all
applicable State and federal requirements for particulate matter
CEMs.
D. If,
for units equipped with a flue gas desulfurization device, emissions bypass the
device and are discharged through a bypass stack, the bypass stack shall be
equipped with a COM approved by the Department.
E. Stationary Internal Combustion Engine
Powered Equipment.
(1) Definitions. For the
purpose of this section:
(a) "Idle" means the
condition during which the engine is not performing the useful net work that
enables the piece of equipment to accomplish its designated purpose.
(b) "Internal combustion engine" (hereafter
"engine") means all engines except those used for propulsion of ships or
vehicles licensed to operate upon the public highway within the State, or
engines employed solely for agricultural and recreational purposes unless they
are an integral part of a stationary installation.
(2) Emissions During Idle Mode. A person may
not cause or permit the discharge of emissions from any engine, operating at
idle, greater than 10 percent opacity.
(3) Emissions During Operating Mode. A person
may not cause or permit the discharge of emissions from any engine, operating
at other than idle conditions, greater than 40 percent opacity.
(4) Exceptions.
(a) Section E(2) of this regulation does not
apply for a period of 2 consecutive minutes after a period of idling of 15
consecutive minutes for the purpose of clearing the exhaust system.
(b) Section E(2) of this regulation does not
apply to emissions resulting directly from cold engine start-up and warm-up for
the following maximum periods:
(i) Engines
that are idled continuously when not in service: 30 minutes;
(ii) All other engines: 15 minutes.
(c) Section E(2) and (3) of this
regulation do not apply while maintenance, repair, or testing is being
performed by qualified mechanics.
Notes
Regulation .05A amended effective December 3, 1984 (11:22 Md. R. 1899)
Regulation .05 amended effective November 11, 2002 (29:22 Md. R. 1724); May 17, 2010 (37:10 Md. R. 724)
Regulation .05A amended effective November 24, 2003 (30:23 Md. R. 1653)
Regulation .05A, E amended effective August 22, 2011 (38:17 Md. R. 1014)
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