26.11.17.02

.02 Applicability.

A. This chapter applies Statewide, unless specified otherwise throughout this Chapter, to:

(1) New major stationary sources and major modifications that are major for VOC or NOx;

(2) New major stationary sources and major modifications that are major for PM2.5 or its precursors and are located in Baltimore City or Anne Arundel, Baltimore, Carroll, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, and Washington counties;

(3) Any new major stationary source or major modification at a major stationary source that is major for a pollutant for which the area is designated nonattainment under §107(d)(1)(A)(i) of the Clean Air Act (42 U.S.C. §7407); and

(4) Major stationary sources and major modifications that are major for VOC or NOx located in the Ozone Transport Region.

B. A person may apply for and obtain a permit to construct a new major stationary source or a major modification at an existing major stationary source after meeting the conditions of §A(1)—(4) of this regulation if all of the provisions in this chapter are met.

C. Major stationary sources and major modifications, whether located in attainment or nonattainment areas, may also be subject to the Prevention of Significant Deterioration requirements in COMAR 26.11.06.14.

D. A person may not circumvent the intent of this chapter through incremental construction or modification or through staged construction or modification.

E. This chapter applies to any source for which:

(1) The Department did not receive, by November 15, 1992, an application which the Department determines is complete for all necessary permits to construct and approvals required by this subtitle; and

(2) A completed application, for all necessary permits to construct and approvals required by this subtitle, was received before November 15, 1992, but for which the applicant did not, as determined by the Department, diligently pursue those permits and approvals after November 15, 1992.

F. Major Modification.

(1) A project is a major modification for a regulated NSR pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(2) Applicability Tests.

(a) Actual-to-Projected-Actual Applicability Test for Projects That Involve Only Existing Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(b) Actual-to-Potential Test for Projects That Involve Only Construction of a New Emissions Unit or Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project, equals or exceeds the significant amount for that pollutant.

(c) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in F(2)(a) and (b) of this regulation, as applicable, with respect to each emissions unit, for each type of emissions unit, equals or exceeds the significant amount for that pollutant.

G. At the time when a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this chapter apply to the source or modification as though construction had not yet commenced on the source or modification.

H. Any major stationary source with a PAL for a regulated NSR pollutant shall comply with the requirements of Regulations .07—.09 of this chapter.

I. Preconstruction Permit Program In Attainment Areas.

(1) The preconstruction permit program requirements also apply to any proposed major stationary source and to any major modification to the source in an area designated as attainment or unclassifiable for any National Ambient Air Quality Standard (NAAQS) pursuant to §107 of the Clean Air Act (42 U.S.C. 7407) when it would cause or contribute to a violation of a NAAQS.

(2) A major source or major modification is considered to cause or contribute to a violation of a NAAQS when the source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable national standard:

Averaging Time (hours)
Pollutant Annual 24 8 3 1
SO2 1.0 g/m3 5.0 g/m3 25 g/m3
PM10 1.0 g/m3 5.0 g/m3
NO2 1.0 g/m3
CO 0.5mg/m3 2.0 mg/m3

(3) A proposed major source or major modification subject to §I(2) of this regulation may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any NAAQS.