Chronology of Maryland's Part 70 Permit Program

Date	Action
July 1992	Part 70 regulations published in Federal Register
September 1993	Regulations implementing emissions-based fees for operating permits were adopted
May 93 - Jan 94	MDE conducts series of forums with industry and environmental group representatives
May 13, 1994	Proposed Part 70 regulations published in MD Register
June 1994	Public hearings on Md regulations conducted
April 1995	MDE adopts state implementation regulations
May 1995	MDE Submits Program to EPA
June 1995	EPA deems MDE submittal complete
July 1995	EPA issues White paper 1 for streamlining regulations
August 1995	EPA publishes supplemental proposal with streamlined revision process
July 3, 1996	EPA approves Maryland's Part 70 Program
August 2, 1996	Maryland's program becomes effective
Dec 1, 2001	EPA's  Part 71 Program becomes effective
Feb. 14, 2003	Maryland's Program receives full final approval from EPA

Applicability Determinations

Who must apply for a Title V Permit?

You must apply for a Title V Permit if you are:

• a major source;
• a source subject to a standard, limitation, or other requirement under Sec. 111 (New Source Performance Standards) of the Clean Air Act. If your NSPS source is not a major source and does not otherwise require a Title V permit, you are deferred from obtaining a Title V permit at this time;
• a source subject to a standard or other requirement under Section 112 (National Emission Standards for Hazardous Air Pollutants) of the Clean Air Act, except that a source is not required to obtain a Title V permit solely because it is subject to requirements under Section 112(r), NESHAP subpart AAA (residential wood heaters), and NESHAP subpart M (asbestos) of the Clean Air Act. If your source is not a major source of hazardous air pollutants and your source does not otherwise require a Title V permit, you are deferred from obtaining a Title V permit at this time; or
• a source that includes one or more fossil fuel-fired combustion devices that are 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.

What is a major source?

Major source: 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.

A major source is defined under Sec. 302, Part D of Title I, or Sec. 112 of the Clean Air Act as described in the following table. When evaluating your source using the table, check in all possible categories.

For Title V applicability, the major source thresholds for NOx and VOC is 25tpy in Calvert, Charles, Frederick, Montgomery, and Prince Georges counties. In Part D, Title I, the major source thresholds for these counties is 50 tpy.

This chart illustrates the major source thresholds for Maryland by regulated pollutant:

Reference	Pollutants	Potential Emissions	Fugitives Included?	Locations
Sec. 302 of the Clean Air Act	Any air pollutant	100 tons per year	Depends*	Entire State
Part D of Title I of the Clean Air Act	Nitrogen Oxides	25 tons per year	No	Baltimore City, Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Calvert, Charles, Frederick, Montgomery, Prince George's
	Volatile Organic Compounds	25 tons per year	No	Baltimore City, Anne Arundel, Baltimore, Carroll, Cecil, Harford, Howard, Calvert, Charles, Frederick, Montgomery, Prince George's
		50 tons per year	No	Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, St. Mary's, Somerset, Talbot, Washington, Wicomico, Worcester
Sec. 112 of the Clean Air Act	Hazardous Air Pollutants which have been listed pursuant to Sec. 112(b) of the Clean Air Act	10 tons per year of any single HAP; or 25 tons per year of any combination of HAPs	Yes	Entire State

* = Fugitive emissions are counted only for the 28 source categories listed in the Code of Maryland Regulations Chapter 26.11.02.01C(2) except for sources subject to NSPS that were promulgated after August 7th, 1980.

How is a facility's potential-to-emit calculated?

A facility's potential-to-emit (PTE) is calculated using 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. (See question about "federal enforceability".)

Some limitations to a source's PTE that can be considered are inherent operational limitations that effectively limit the source's PTE or operations that can only be done in daylight or summertime. Records may need to be maintained to demonstrate this.

Also, some short term and irregular emissions are excluded from PTE calculations. Two examples are emissions from most non-routine architectural coating operations and maintenance welding.

What is the definition of fugitive emissions?

Fugitive emissions are those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. Determinations will be made on a case by case basis. If emissions are considered fugitive a source must demonstrate that it would not be reasonable to collect and control emissions, in order for the Department to consider the emissions fugitive.

Example: VOC emissions from leaking valves at an outside storage tank of a large furniture finishing operation cannot reasonably be captured and vented to a stack; therefore, the emissions are considered fugitive.

What is a federally-enforceable limit?

Traditionally, a federally-enforceable limit is a physical or operational limitation on the capacity of a source to emit an air pollutant that is capable of being enforced by the federal government and citizens in federal court. The EPA is currently reviewing the issue of defining a federally enforceable limit. A limitation has been considered federally enforceable if it is enforceable as a practical matter and is:

• required by any federal rule that applies to the source such as National Emission Standard for Hazardous Air Pollutants or New Source Performance Standards;
• approved by EPA in the State Implementation Plan (SIP). (Limits in the SIP have already been included in any permit-to-construct issued to the source.) Generally, the Maryland air quality regulations that are not in the SIP include those regarding air toxics, odor, nuisances, and continuous emissions monitoring.
• required by a state permit to construct;
• part of a federally approved consent agreement with the Department; or
• in the source's Title V permit.

In order for a limitation to be enforceable as a practical matter it must allow verification of the source's compliance with federally enforceable requirements. In general, a practically enforceable limitation should:

• include a technically accurate limitation and identify the portions of the source subject to the limitation;
• define the time period for the limitation (e.g. hourly, daily, monthly, or annual limits); and
• describe the method to determine compliance, including appropriate monitoring, record keeping, and reporting.

For example, a limitation on the hours of operation or production rate at a facility should be established for the shortest practical averaging time (e.g. two 8 hour shifts per day; 200 widgets per day) and be supported by a recordkeeping requirement to be practically enforceable. Generally, the averaging time should not exceed one month. In cases of widely variable emission rates, a 12 month or 365 day rolling average is the longest averaging time allowed.

Synthetic Minor Options

What is a "synthetic minor source"?

A synthetic minor source is an air pollution source that has the potential to emit (PTE) air pollutants in quantities at or above the major source threshold levels but has accepted federally enforceable limitations to keep the emissions below such levels.

How can my facility attain synthetic minor status?

Sources may choose to take a limit through the Permits to Construct.

A source may obtain federally enforceable restrictions that limit potential to emit (PTE) through permits-to-construct (PTCs) for individual emission units.

To do this, you must submit the following to the Maryland Department of the Environment (MDE):

• A letter requesting voluntary restriction of your PTE through federally enforceable permit to construct conditions.
• A potential to emit analysis for the entire facility with calculations and suggested limitations that show your facility will not be a major source. Include a description of the derivation of the calculations; i.e., AP-42 emission factor, stack test data, etc.
• An explanation of how compliance with the limitations will be demonstrated and what short term and annual emission limits are required.
• A description of the record keeping that will verify compliance.
• If additional air pollution control is necessary to reduce emissions, an AMA 6 application form must be submitted.

Note: If there is no change in equipment or increase in emissions, there is no fee for a modification to a permit to construct.

The If a facility wishes to modify its permit to construct to limit potential emissions the process must be completed by the time that facility's Title V application would be due to the Department. The Department may extend the date by which a synthetic minor option permit change is due if it is deemed necessary to complete the permit modification process.

Can I change my source's status between Title V and non-Title V?

Yes, you can change the status of your source.

You can apply for a synthetic minor permit that will limit your source's emissions. Upon issuance of the permit, the source would no longer be subject to Title V.

Conversely, if your source is a synthetic minor, you can apply for a permit modification to remove the restrictions that make it a synthetic minor source. You must submit a Title V permit application within 1 year after your facility becomes subject to the requirement to obtain a Title V permit. Keep in mind that you must obtain all necessary state permits before constructing, modifying, or operating a source that will result in increased emissions.

How much record keeping and reporting must I do to maintain synthetic minor status?

You must do sufficient reporting, and recordkeeping to assure compliance with the federally enforceable limitations. The amount is determined on a case by case basis. See the response the "What is a federally enforceable limit?" in the fact sheet on Title V Applicability.

Example Potential to Emit Calculation

Duff Beer has one beer can end manufacturing line in Baltimore, a nonattainment area for ozone. They apply end seam compound (glue) to can ends in preparation for being attached to the rest of the can. Volatile organic compounds (VOCs) are emitted as the glue dries. The major source threshold for VOCs in the Baltimore area is 25 tons per year.

» Manufacturing Data

300,000 ends per hour maximum manufacturing rate
250,000 ends per hour normal manufacturing rate
0.011 gallons of compound used per 1000 can ends
3.10 pounds VOC per gallon of compound
1.2 x 109 can ends per year expected to be made

» Potential to Emit Calculations

300,000 ends/hr x 0.011 gal/1000 ends = 3.3 gals/hr
3.3 gals/hr x 3.1 lbs VOC/gal = 10.23 pounds VOC/hr
10.23 pounds/hr x 8760 hrs/yr / 2000 pounds/ton = 44.81 tons VOC/year

» Actual Emission Calculations

1.2 x 109 ends/yr x 0.011 gal/1000 ends = 13,200 gals/yr
13,200 gals/yr x 3.1 pounds VOC/gal / 2000 pounds/ton = 20.46 tons VOC/year

» Additional Calculations - The most the source could do without exceeding 25 tons/year
(Calculations based on 22 tons/year instead of 25 to give some cushion.)

22 tons VOC/yr x 2000 pounds/ton / 12 months/yr = 3667 pounds VOC/month
3667 pounds VOC/month / 3.1 pounds VOC/gal = 1183 gals/month
1183 gals/month / 0.011 gallons/1000 ends = 107 x 10^6 ends/month

» Additional Calculations - If operating only 5 days/week and 16 hours/day, PTE would be:

16 hrs/day x 5 days/week x 52 weeks/year = 4160 hrs/yr
4160 hrs/year x 10.23 pounds VOC/hr (from above) / 2000 pounds/ton = 21.28 tons/year
4160 hrs/yr / 12 months/yr = 347 hrs/month

Example Limiting Conditions

The VOC content of the end seam compound shall not exceed 3.1 pounds per gallon.

1. This source shall not use more than 1183 gallons of end seam compound per month.
   
   and/or                      
   This source shall not manufacture more than 107 x 10^6 can ends per month.
   
   and/or                      
   This source shall operate no more than 347 hours per month.
   
   
2. This source shall maintain monthly records that list the following:
   
   1. The company identification of the end seam compound,
      
   2. The VOC content of the end seam compound.
      
   3. The number of gallons applied,
      and/or
      

   The number of can ends manufactured,
   
   

   and/or                      
   

   The number of hours per day and days per month the manufacturing line operates.

3. This source shall submit semi-annual reports to the Department that summarize the monthly emissions and record keeping.
   

  ​​