Md. Code Regs. 26.11.02.01 - Definitions
A. In this chapter
and in COMAR 26.11.03, the following terms have the meanings
indicated.
B. Terms Defined.
(1) "Acid rain source " means a new or
modified source subject to the provisions of 40 CFR 72, as amended.
(1-1) "Administrative
(2) "Affected source "
means a source that includes one or more affected units.
(3) "Affected states " means all states
including the District of Columbia:
(a) Whose
air quality may be affected and that are contiguous to Maryland; or
(b) That are within 50 miles of the permitted
source.
(4) "Affected
unit " means a fossil fuel-fired combustion device that is subject to any acid
rain emissions reduction requirement or acid rain emissions limitation as
provided in 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part
70.
(5) Alternate Operating
Scenarios .
(a) "Alternate operating
scenarios " means those provisions in a Part 70 permit that allow the permittee
to make choices about how the source is operated, as provided in the permit ,
but without any requirement to revise the permit .
(b) "Alternate operating scenarios " may be
included in a Part 70 permit as provided for in COMAR
26.11.03.06
a A(9).
(6) "Applicable
requirement of the Clean Air Act " means all of the following as they apply to
emissions units in a Part 70 source, including requirements that have been
promulgated or approved by EPA through rule making, at the time of issuance of
the permit but have future effective compliance dates:
(a) A standard or other requirement provided
for in the Maryland State Implementation Plan (SIP);
(b) A federally enforceable term or condition
of a preconstruction permit and permit to construct issued pursuant to
regulations approved or promulgated through rule making under Title I,
including those concerning Prevention of Significant Deterioration under Part C
or those concerning Nonattainment under Part D of the federal Clean Air Act, as
amended, 42 U.S.C. § 7401 et seq.;
(c) A standard or other requirement
concerning New Source Performance Standards under § 111 of the Clean Air Act ,
including standards of performance for existing sources under §
111(d);
(d) A standard or other
requirement concerning hazardous air pollutants under § 112 of the Clean Air
Act , including any requirement concerning accidental release prevention under §
112(r)(7) of the Clean Air Act ;
(e)
A standard or other requirement of the acid rain program under Title IV of the
Clean Air Act or the regulations promulgated under it, including 40 CFR Parts
72, 73, 75, and 76 as applicable to 40 CFR Part 70;
(f) A requirement concerning monitoring and
analysis established pursuant to § 504(b) of the Clean Air Act or concerning
enhanced monitoring and compliance certification under § 114(a)(3) of the Clean
Air Act;
(g) A standard or other
requirement governing solid waste combustion under § 129 of the Clean Air
Act;
(h) A standard or other
requirement for the control of emissions from consumer and commercial products
under § 183(e) of the Clean Air Act ;
(i) A standard or other requirement for the
control of emissions from tank vessels under § 183(f) of the Clean Air
Act;
(j) A standard or other
requirement of the program to control air pollution from outer continental
shelf sources under § 328 of the Clean Air Act ;
(k) A standard or other requirement of the
regulations promulgated to protect stratospheric ozone, under Title VI of the
Clean Air Act , unless EPA has determined that this requirement need not be
contained in a Part 70 permit; and
(l) A national ambient air quality standard
or increment or visibility requirement under Part C of Title I of the Clean Air
Act , but only as it would apply to temporary sources permitted pursuant to §
504(e) of the Clean Air Act .
(7) "Applicable requirement of State air
pollution control law" means all of the following as they apply to a source:
(a) Environment Article, Title 2, Annotated
Code of Maryland; and
(b) All
regulations that the Department has adopted under the authority of Environment
Article, Title 2, including COMAR 26.11.
(8) "Applicant " means a person who submits an
application for a permit.
(9)
"Application " means a written request for a permit required by this chapter or
by COMAR 26.11.03.
(10) Application
Shield.
(a) "Application shield" means that a
source for which a timely and complete application for a Part 70 permit has
been submitted may continue to be operated until the permit is issued or
denied, if the requirements of COMAR
26.11.03.01
a D are satisfied.
(b) "Application
shield" applies to a Part 70 permit only.
(11) "Approval " means a special category of
permit from the Department for a PSD source or an NSR source.
(13) "Complete application " means an
application that:
(a) Contains all the
information required by the Department under Regulation .11, .12, or .14 of
this chapter or COMAR
26.11.03.02
a and .03 in sufficient detail that allows the Department to begin review of
the application; and
(b) Includes
additional information that the Department , in its final review of the
application, may require to assure that emissions estimates are reasonably
accurate and that all applicable requirements will be met.
(14) "Contested case hearing " means a hearing
that meets the requirements of State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland.
(15)
"Designated representative " has the meaning stated in the provisions concerning
acid rain emissions under § 402(26) of the Clean Air Act and the regulations
promulgated under it including 40 CFR Parts 72, 73, 75, and 76 as applicable to
40 CFR Part 70.
(16) Draft Permit .
(a) "Draft permit " means the version of a
Part 70 permit for which the Department offers public notice and an opportunity
for public comment and nonadjudicatory hearing in accordance with 40 CFR §
70.7(h) or affected state review under 40 CFR § 70.8.
(b) "Draft permit " also means a draft
approval, permit to construct, or State permit to operate.
(17) "EPA " means the Administrator of the
U.S. Environmental Protection Agency or the Administrator's designee.
(17-1) "Emergency stationary internal
combustion engine " is defined in 40 CFR Part 60, Subpart IIII or JJJJ, as
amended.
(17-2) "Emergency
stationary reciprocating internal combustion engine (RICE)" is defined in 40
CFR Part 63, Subpart ZZZZ, as amended.
(18) Emissions Unit .
(a) "Emissions unit " means a part or activity
of a stationary source, including an installation, that emits or has the
potential to emit a regulated air pollutant or hazardous air pollutant listed
under § 112(b) of the Clean Air Act .
(b) "Emissions unit " does not alter or affect
the definition of the term "unit" for purposes of Title IV of the Clean Air
Act .
(19) "Federally
enforceable requirements of a permit to construct or State permit to operate"
means the provisions of a permit to construct or State permit to operate that
meet the requirements of Regulation .03 of this chapter.
(20) "Final permit " means the version of a
permit issued after the Department has completed all review procedures
required, with respect to the permit, by this chapter and by COMAR
26.11.03.
(21) "Fugitive emissions "
means those emissions that could not reasonably pass through a stack, chimney,
vent, or other functionally equivalent opening.
(22) "General Part 70 permit " means a Part 70
permit that meets the requirements of COMAR
26.11.03.21
a.
(23) "General permit " means a
general Part 70 permit , a general permit to construct, or a general State
permit to operate.
(24) "General
permit to construct" means a permit that meets the requirements of Regulation
.09D of this chapter.
(25) "General
State permit to operate" means a permit that meets the requirements of
Regulation .13H of this chapter.
(26) "Informational meeting " means a meeting
that meets the requirements of Environment Article, §
1-101(g),
Annotated Code of Maryland.
(27)
"Major source " has the meaning stated in §C of this regulation.
(28) "Maryland State Implementation Plan
(SIP)" means the Maryland plan required by § 110 of the Clean Air Act, as
approved by EPA .
(29) "Minor permit
modification" means a revision to a Part 70 permit that satisfies the
requirements of COMAR
26.11.03.16
a.
(30) "Off-permit change" means a
change to a source covered by a Part 70 permit that meets the requirements of
COMAR
26.11.03.19
a.
(31) "On-permit change" means a
change to a source covered by a Part 70 permit that meets the requirements of
COMAR
26.11.03.18
a.
(32) "Part 70 permit " means an
individual Part 70 permit or group of Part 70 permits covering a Part 70
source, that is issued, renewed, or revised pursuant to COMAR
26.11.03.
(33) Part 70 Source .
(a) "Part 70 source " means a stationary
source required to have a Part 70 permit pursuant to COMAR
26.11.03.01
a.
(b) A "Part 70 source " may
contain one or more emission units.
(34) "Permit " means a written authorization
from the Department issued pursuant to this chapter or COMAR 26.11.03,
including a Part 70 permit , a State permit to operate, a permit to construct, a
general permit, or an approval of a PSD or NSR source.
(35) Permit to Construct.
(a) "Permit to construct" means a permit to
construct issued, renewed, or revised pursuant to this chapter.
(b) "Permit to construct" does not mean a
Part 70 permit .
(36)
"Permittee " means a person who has obtained a permit from the
Department .
(37) "Permit
modification" means a revision to a Part 70 permit that is a minor permit
modification under COMAR
26.11.03.16
a or a significant permit modification under COMAR
26.11.03.17
a.
(38) "Permit revision" means a
revision to the terms and conditions of a permit or approval.
(39) Permit Shield.
(a) "Permit shield" means a provision in a
Part 70 permit that satisfies the requirements of COMAR
26.11.03.23
a.
(b) "Permit shield" does not
apply to a State permit.
(40) Portable Emission Unit .
(a) "Portable emission unit " means an
emission unit that is designed to be moved from site to site, including
portable asphalt plants, portable stone crushers and screens, and portable
stills.
(b) "Portable emission
unit " includes other emission units that are designed to be moved from site to
site and that are not major sources as defined in the Clean Air Act .
(41) "Potential to
emit " means the maximum capacity of a stationary source to emit an air
pollutant under its physical and operational design. A physical or operational
limitation on the capacity of a source to emit an air pollutant, including air
pollution control equipment and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, shall be treated as
part of its design if the limitation is enforceable by the EPA . This term does
not alter or affect the use of this term for any other purposes under the Clean
Air Act or the term "capacity factor" as used concerning acid rain emissions in
Title IV of the Clean Air Act or the regulations promulgated under
it.
(42) "Proposed permit " means
the version of a permit that the Department proposes to issue and, if a Part 70
permit, forwards to the EPA for review, as prescribed in COMAR
26.11.03.09
a A.
(43) "Public hearing " means a
hearing that meets the requirements of Environment Article, §
1-101(j),
Annotated Code of Maryland, and that is held in the county where a proposed
source would be located.
(44)
"Regulated air pollutant " means the following:
(a) Nitrogen oxides
(NOx) or any volatile organic compound (VOC);
(b) A pollutant for which a national ambient
air quality standard has been promulgated;
(c) A pollutant that is subject to any new
source performance standard promulgated under § 111 of the Clean Air
Act ;
(d) A Class I or II substance
subject to a standard concerning stratospheric ozone protection promulgated
under or established by Title VI of the Clean Air Act ;
(e) A hazardous air pollutant subject to a
standard promulgated under § 112 or other requirements established under § 112
of the Clean Air Act , including provisions for modifications under § 112(g),
provisions for equivalent emissions limitations by permit under § 112(j), and
provisions for prevention of accidental releases under § 112(r) of the Clean
Air Act, including the following:
(i) A
pollutant subject to requirements under § 112(j) of the Clean Air Act ; if the
EPA fails to promulgate a standard by the date established pursuant to § 112(e)
of the Clean Air Act, a pollutant for which a subject source would be major
shall be considered to be regulated on the date 18 months after the applicable
date established pursuant to § 112(e) of the Clean Air Act, and
(ii) A pollutant for which the requirements
of § 112(g)(2) of the Clean Air Act have been met, but only with respect to the
individual source subject to the § 112(g)(2) requirement; or
(f) A greenhouse gas (GHG) as
defined in COMAR
26.11.01.01 a B(18-1)
and subject to regulation under the "Prevention of Significant Deterioration
and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) and the "Deferral for
CO2 Emissions from Bioenergy and Other Biogenic Sources
under the Prevention of Significant Deterioration and Title V Programs" (76 FR
43490).
(45) "Renewal "
means the process by which a permit is reissued at the end of its
term.
(46) "Reopen " means a
decision by the Department , pursuant to COMAR
26.11.03.20
a, to reopen a Part 70 permit issued under COMAR 26.11.03 so that it may be
revised or revoked.
(47)
"Responsible official " means one of the following:
(a) For a corporation: a president,
secretary , treasurer, or vice-president of the corporation in charge of a
principal business function, or another person who performs similar policy or
decision-making functions for the corporation, or a duly authorized
representative of that person if the representative is responsible for the
overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(i) The facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25,000,000 in
second quarter 1980 dollars, or
(ii) The delegation of authority to the
representative is approved in advance by the Department ;
(b) For a partnership or sole proprietorship:
a general partner or the proprietor, respectively;
(c) For a municipal, State , federal, or other
public agency: either a principal executive officer or ranking elected
official; for the purposes of this chapter and COMAR 26.11.03, a principal
executive officer of a federal agency includes the chief executive officer
having responsibility for the overall operations of a principal geographic unit
of the agency, for example a regional administrator of EPA ; or
(d) For affected sources:
(i) The designated representative insofar as
actions, standards, requirements, or prohibitions concerning acid rain
emissions under Title IV of the Clean Air Act or the regulations promulgated
under it; and
(48) "Revocation " or "revoke" means a
decision by the Department or the EPA to take away a permit before the end of
its term or to suspend a permit for a specified period of time.
(49) "Significant permit modification" means
a revision to a Part 70 permit that satisfies the requirements of COMAR
26.11.03.17
a.
(50) "Solvent-based materials "
means any material that contains 25 percent or more VOC by volume as applied,
in the volatile portion of the material.
(51) "State -only enforceable" means terms and
conditions of a Part 70 permit that the Department has designated to be
governed by State law and enforceable only by the State.
(52) "State permit" means an approval, permit
to construct, or State permit to operate.
(53) "State permit to operate" means a permit
to operate issued, renewed, or revised pursuant to this chapter and which is
not a Part 70 permit.
(54)
"Stationary source " means a building, structure , facility , or installation that
emits or may emit a regulated air pollutant or a pollutant listed under §
112(b) of the Clean Air Act.
(56) "Title I modification "
means a physical change or change in operation to a source that qualifies as a:
(a) Modification under § 111 of Title I of
the Clean Air Act concerning new source performance standards or § 112 NESHAP
including § 112(g) of Title I of the Clean Air Act concerning hazardous air
pollutants; or
(b) Major
modification concerning the provisions related to prevention of significant
deterioration under Part C or the provisions concerning nonattainment review
under Part D of Title I of the Clean Air Act .
C. Major Source .
(1) "Major source " means a stationary source
or group of stationary sources that are located on one or more contiguous or
adjacent properties, and are under common control of the same person , or
persons under common control, belonging to a single major industrial grouping
and that is described as follows:
(a) A major
source under § 112 of the Clean Air Act concerning hazardous air pollutants,
defined as:
(i) For pollutants other than
radionuclides, a stationary source or group of stationary sources located
within a contiguous area and under common control that emits or has the
potential to emit , in the aggregate, 10 tons per year or more of a hazardous
air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act ,
25 tons per year or more of any combination of hazardous air pollutants, or a
lesser quantity that the EPA may establish by rule;
(ii) Notwithstanding §C(1)(a)(i) of this
regulation, emissions from an oil or gas exploration or production well , with
its associated equipment, and emissions from a pipeline compressor or pump
station may not be aggregated with emissions from similar devices, whether or
not the devices are in a contiguous area or under common control, to determine
whether the devices or stations are major sources; or
(iii) For radionuclides, a major source has
the meaning specified by EPA by rule;
(b) Except as provided in §C(1)(d) of this
regulation, a major stationary source of air pollutants, as defined in § 302 of
the Clean Air Act , that directly emits, or has the potential to emit, 100 tons
per year or more of any air pollutant including a major source of fugitive
emissions of the pollutant, as determined by rule by the EPA ; or
(c) A major stationary source as defined in
Part D of Title I of the Clean Air Act , concerning nonattainment areas,
including any stationary source which emits or has the potential to emit:
(i) 25 tons per year or more of VOC or
NOx for sources located in Baltimore City or Anne
Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Calvert, Charles,
Frederick, Montgomery, or Prince George's counties;
(ii) 50 tons per year or more of VOC for
sources located in Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's,
St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester
counties;
(iii) 100 tons per year
or more of NOx for sources located in Allegany,
Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset,
Talbot, Washington, Wicomico, or Worcester counties; or
(iv) 100 tons per year or more of carbon
monoxide for sources located in the areas designated as nonattainment for
carbon monoxide in 40 CFR § 81.321 (1992 edition);
(d) A GHG source shall not be considered a
major stationary source of any GHG under §C(1)(b) of this regulation unless it
is subject to regulation under paragraphs (1) and (2) of the definition of
"Subject to regulation" in
40
CFR 70.2, as amended by "Prevention of
Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR
31514) and the "Deferral for CO2 Emissions from
Bioenergy and Other Biogenic Sources under the Prevention of Significant
Deterioration and Title V Programs" (76 FR 43490).
(2) Under §C(1)(b) of this regulation, the
fugitive emissions of a stationary source may not be considered in determining
whether it is a major stationary source for the purposes of § 302(j) of the
Clean Air Act unless the source belongs to one of the following categories of
stationary source:
(a) Coal cleaning plants
(with thermal dryers);
(b) Kraft
pulp mills;
(c) Portland cement
plants;
(d) Primary zinc
smelters;
(e) Iron and steel
mills;
(f) Primary aluminum ore
reduction plants;
(g) Primary
copper smelters;
(h) Municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(i) Hydrofluoric, sulfuric, or
nitric acid plants;
(j) Petroleum
refineries;
(k) Lime
plants;
(l) Phosphate rock
processing plants;
(m) Coke oven
batteries;
(n) Sulfur recovery
plants;
(o) Carbon black plants
(furnace process);
(p) Primary lead
smelters;
(q) Fuel conversion
plants;
(r) Sintering
plants;
(s) Secondary metal
production plants;
(t) Chemical
process plants;
(u) Fossil fuel
boilers, or combination of them, totaling more than 250 million British thermal
units per hour heat input;
(v)
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(w) Taconite ore
processing plants;
(x) Glass fiber
processing plants;
(y) Charcoal
production plants;
(z) Fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input; or
(aa) All
other stationary source categories regulated by a standard promulgated under §
111, concerning New Source Performance Standards, or § 112, concerning
hazardous air pollutants, of the Clean Air Act , but only with respect to those
air pollutants that have been regulated for that category.
(3) For the purpose of defining the term
"major source ", a stationary source or group of stationary sources is
considered part of a single industrial grouping if all of the pollutant
emitting activities at the source or group of sources on contiguous or adjacent
properties belong to the same major group; that is, all have the same two-digit
code, as described in the Standard Industrial Classification Manual,
1987.
Notes
Regulations .01 effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042)
Regulation .01D amended effective November 28, 1989 (16:21 Md. R. 2264)
Regulations .01 adopted effective
Regulation .01B amended effective June 16, 1997 (24:12 Md. R. 866); January 29, 2007 (34:2 Md. R. 138)
Regulation .01B amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective
Regulation .01B amended effective August 22, 2011 (38:17 Md. R. 1014); March 5, 2012 (39:4 Md. R. 339)
Regulation .01C amended effective December 10, 2001 (28:24 Md. R. 2130)
Regulation .01C amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective
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