.08 Modifications to the Facilities at a Power Plant.
A. Except as provided in §C of this regulation, a person may not commence a modification to the facilities at a power plant without receiving prior approval from the Commission.
B. A physical alteration, replacement, change in the method of operation, or any other change to an electric generating unit or other facilities at a power plant that will result in an increase in air emissions is subject to the requirement to obtain approval from the Commission under Public Utilities Article, §7-205(b), Annotated Code of Maryland, if the change will result in an increase of either 75,000 tons or more per year in emissions of CO2 or an increase of 1 ton or more in emission of any other regulated pollutant.
C. The following changes do not require prior approval of the Commission:
(1) Routine maintenance and repair, including routine replacement;
(2) An increase in the hours of operation or in the production rate, unless the change is prohibited under any enforceable condition established after January 6, 1975, under regulations approved under the Clean Air Act, 42 U.S.C. §7401 et seq.;
(3) Use of an alternative fuel or raw material by reason of an order under §§2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §791 et seq., or any superseding legislation, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. §791 et seq.;
(4) Use of an alternative fuel by reason of an order or rule under §125 of the Clean Air Act, 42 U.S.C. §7425;
(5) Use of an alternative fuel or raw material by a stationary source which:
(a) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 CFR §52.21, or under regulations approved under 40 CFR Part 51, Subpart I or §51.166; or
(b) The source is approved to use under a Certificate of Public Convenience and Necessity issued under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland, and any other required approvals, including permits issued under COMAR 26.11.02 or 26.11.03; or
(6) Any change in ownership.
D. An increase in air emissions is calculated in accordance with COMAR 26.11.17 or 26.11.06.14, as applicable.
