Md. Code Regs. 26.11.15.03 - Applicability and Exemptions
A.
Applicability.
(1) Sources Subject to Permit
Requirements. Except as provided in this regulation and in Regulation .06 of
this chapter, any installation or source that discharges a Class I or Class II
TAP into the ambient air is subject to the requirements of this chapter if the
installation or source:
(a) Is required to
obtain a permit to construct or approval under COMAR
26.11.02.09 a; or
(b) Either has obtained, or was required to
obtain, a State permit to operate on or before March 1, 1993.
(2) Certain Electric Generating
Stations. An installation that burns refuse-derived fuel that is part of a
generating station constructed by an electric company is subject to the
requirements of this chapter.
(3)
Hazardous Waste Incinerators. A hazardous waste incinerator, as defined in
COMAR 26.13.01.03 a B(33), for which a
hazardous waste facility permit has been requested or issued is subject to the
requirements of this chapter.
(4)
Sources Subject to Requirements Under 40 CFR 63 . Regardless of the
applicability of this chapter, a person that causes emissions of HAPs may be
subject to the requirements of 40 CFR 63.
(5) Other. The Department may require any
installation or source not otherwise subject to this chapter to meet the
requirements of this chapter if the Department determines that the installation
or source has the potential to discharge toxic air pollutants in quantities
that may unreasonably endanger the public health.
B. Exempt Installations or Sources.
(1) This section does not mean that a source
is exempt from an applicable requirement under 40 CFR 63, or MACT or new source
MACT established by the Department in accordance with the provisions of 40 CFR
Part 63, Subpart B.
(2) General
Exemptions. The following installations or sources are exempt from the
requirements of this chapter:
(a)
Fuel-burning equipment as defined at COMAR
26.11.09.01 a, other than
equipment burning refuse-derived fuel;
(b) Charbroilers and pit barbecues as defined
in COMAR 26.11.18.01 a; and
(c) Gasoline stations operated for the
purpose of refueling motor vehicles.
(3) Exemptions from Regulations .05 and .06
of this chapter.
(a) Premises Discharging
Small Quantities of Class II TAPs. The emissions of a Class II TAP from a
premises are exempt from the requirements of Regulations .05 and .06 of this
chapter, if:
(i) The total allowable
emissions of the TAP from the premises are 0.5 pound per hour (0.23 kilogram
per hour) or less; and
(ii) All
applicable TLV-based, threshold-based, or special screening levels for the TAP
are greater than 200 micrograms/cubic meter.
(b) Premises Discharging Small Quantities of
Class I TAPs. The emissions of a Class I TAP from a premises are exempt from
the requirements of Regulations .05 and .06 of this chapter, if:
(i) The total allowable emissions of the TAP
from the premises are 0.5 pound per hour (0.23 kilogram per hour) or
less;
(ii) The total allowable
emissions of the TAP from the premises are 350 pounds per year (159 kilograms
per year) or less;
(iii) All
applicable TLV-based, threshold-based, or special screening levels for the TAP
are greater than 200 micrograms/cubic meter; and
(iv) The applicable risk-based screening
level is greater than 1 microgram/cubic meter.
(c) Other. The Department may, on a
case-by-case basis, after providing public notice and an opportunity for a
public hearing, exempt any other installation, source, or premises from a
requirement under Regulations .05 and .06 of this chapter on the basis of
capacity, nature of equipment or materials, amount of emissions, or other
evidence that the installation, source, or premises has a limited potential to
discharge toxic air pollutants to the atmosphere and will not unreasonably
endanger human health.
(4) Exemption from Regulation .06. If the
total allowable emissions of a Class II TAP from a premises will not create an
8-hour concentration of the TAP in the atmosphere that exceeds 0.02
microgram/cubic meter beyond the property line, then emissions of that TAP from
the premises are exempt from the requirements of Regulation .06 of this
chapter.
Notes
Regulations .03 adopted effective September 27, 1988 (15:18 Md. R. 2148)
Regulation .03A amended effective November 19, 1989 (16:20 Md. R. 2185); May 8, 1995 (22:9 Md. R. 653); August 11, 1997 (24:16 Md. R. 1161)
Regulations .03 amended and Regulations .07B_.14 recodified to COMAR 26.11.16 effective October 5, 1998 (25:20 Md. R. 1533)
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