Sec. 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.

(6) In no instance shall excess emissions exempted under this regulation cause or contribute to a violation of any ambient air quality standard in 40 CFR Part 50, as amended, or any applicable requirements of 40 CFR Part 60, 61, or 63, as amended.

B. Determining Violations.

(1) For each unit required to operate a COM pursuant to COMAR 26.11.01.10A(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.