Title 8
Air Pollution
Subtitle 1
Prohibited Emissions
Part I
In General
§ 8-101. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Air pollution.
"Air pollution" means the presence in the outdoor atmosphere of any odor, solid, vapor, liquid, gas, or other substance in such quantities and of such duration that it:
(1) can be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or
(2) unreasonably interferes with the proper enjoyment of the property of others or with the comfort of the public.
(c) Emission standard.
(1) "Emission standard" means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source.
(2) "Emission standard" includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction.
(d) Source.
"Source" means any equipment, process, structure, space, material, or activity that contributes to air pollution.
§ 8-102. Commissioner's powers.
(a) Surveys, studies, etc.
The Commissioner of Health may undertake surveys, investigations, studies, and like activities to determine the condition of the air in the City and how best to improve that condition.
(b) Setting emission standards.
In the rules and regulations that the Commissioner adopts under § 2-106 {"Rules and regulations"} of this article, the Commissioner may set emission standards and adopt procedures for implementing and enforcing those standards.
8-103 to 8-104. {Reserved}
§ 8-105. Prohibited conduct.
No person may operate or use any source, whether indoors or outdoors, static or mobile, that contributes to air pollution in any way or amount that exceeds emission standards:
(1) set by federal or state law or regulation; or
(2) set by the Commissioner.
§ 8-106. Order to correct conditions.
Whenever as the result of an investigation or study, the result of a complaint, or otherwise, the Commissioner of Health finds that any source is contributing to air pollution in excess of that permitted by law, the Commissioner may issue a written notice to the owner or operator of that source and order the owner or operator to remove or control the cause of the emission in the manner and within the time specified in the notice.
8-107 to 8-109. {Reserved}
Part II
Commercial Solid Waste Incinerators
Editor's Notes
This Part II was added by Ordinance 19-232 (enacted March 7, 2019). Section 2 of that Ordinance provides that, except as otherwise provided in Section 3, the new law takes effect 18 months after the date of enactment (i.e., on September 7, 2020). Section 3, in turn, provides that “the Health Commissioner may begin to certify Air Monitoring Contractors in accordance with § 8-124 ... of this Ordinance on or after the date this Ordinance is enacted.”
§ 8-110. Short title; Purpose.
(a) Short title.
This Part II shall be known and may be cited as the "Baltimore Clean Air Act"
(b) Purpose.
The purpose and intent of this Part II is to ensure that accurate and complete information is available to the City and general public about pollutants released from commercial solid waste incinerators within the City and to exercise the authority granted to the City under the Maryland Environment Code.
§ 8-111. Definitions.
(a) In general.
The following words and phrases when used within this Part II, unless the context clearly indicates otherwise, shall have the meaning ascribed to them in this section.
(b) Air Monitoring Contractor.
"Air Monitoring Contractor" means an environmental engineer certified by the City to design, install, operate, and maintain the Continuous Emissions Monitoring Systems required by this Part II.
(c) Commercial solid waste incinerator; Facility.
"Commercial solid waste incinerator" or "facility" means any facility in Baltimore City that produces energy or disposes of waste by combusting a solid fuel or waste, or gases produced on-site from the gasification or pyrolysis of a solid fuel or waste, and that is capable of processing at least 25 tons of solid fuel or waste per day.
(d) Continuous Emissions Monitoring System; CEMS.
(1) In general.
"Continuous Emissions Monitoring System" or "CEMS" means a pollution monitoring system capable of sampling, conditioning, analyzing, and providing a record of emissions at frequent intervals that meets U.S. Environmental Protection Agency or Maryland Department of the Environment data acquisition and availability requirements.
(2) Sampling frequency.
Except as specified in paragraph (3) of this subsection, the sampling frequency capability sufficient to qualify a system as a CEMS for the purposes of this Part II must at a minimum deliver a monitoring sample:
(i) once per minute; or
(ii) any lesser frequency of interval, up to no less than once per hour, that provides sufficient data for a direct determination of compliance with all applicable emission limitations imposed by this Part II.
(3) Dioxin and furan sampling.
In the case of dioxins and furans, long-term sampling equipment may be used if real-time monitors are not commercially available, so long as year-round monitoring is still achieved through back-to-back use of long-term monthly samples.
(e) {Repealed}
(f) Solid fuel; Waste.
"Solid fuel" or "waste" means any solid waste, discarded material, recyclable materials, sludges, by-products, commercial chemical products, municipal waste, hazardous waste, biomass, processed debris, special medical waste, sterilized special medical waste, sewage sludge, scrap tires, auto shredder residue, refuse-derived fuel, processed engineered fuel, or solid fuel produced from municipal waste.
(g) TEQDF-WHO98.
"TEQDF-WHO98" means a unit of measurement for dioxins and furans, standardized to toxic equivalents, calculated in accordance with the World Health Organization's 1998 method.
§ 8-112. Scope.
All commercial solid waste incinerators located within Baltimore City are subject to the requirements of this Part II.
§ 8-113. Rules and regulations.
In the rules and regulations that the Commissioner adopts under § 2-106 {"Rules and regulations"} of this article, the Health Commissioner may adopt rules and regulations to implement this Part II.
§ 8-114. Pollutants to be continuously monitored.
Each facility must, at its own expense, contract with an Air Monitoring Contractor certified by the Health Commissioner in accordance with § 8-124 {"Certification of Air Monitoring Contractor"} to install, operate, and maintain Continuous Emissions Monitoring Systems ("CEMS") equipment to monitor, measure, and disclose the smokestack emission of the following pollutants:
(1) Dioxins and Furans, as measured at a point, after all air pollution control devices, where the exhaust gases have cooled to below 200 degrees Centigrade;
(2) Carbon Dioxide (CO2) and Carbon Monoxide (CO);
(3) Hydrochloric Acid (HCl) and Hydrofluoric Acid (HF);
(4) Nitrogen Oxides (NOx);
(5) Sulfur Dioxides (SO2);
(6) Particulate Matter (PM);
(7) Volatile Organic Compounds (VOCs);
(8) Polycyclic Aromatic Hydrocarbons (PAHs); and
(9) Arsenic, Cadmium, Chromium (VI), Lead, Manganese, Mercury, Nickel, Selenium, and Zinc.
§ 8-115. Monitoring system to be continuously active.
(a) In general.
A facility's CEMS must be operational at all times that the facility is operating.
(b) Gaps of more than 30 minutes a violation.
CEMS downtime that exceeds 30 consecutive minutes while a facility is operating are a violation of this section.
§ 8-116. Emission limits.
(a) For Mercury and Sulfur Dioxide.
Each facility must meet the following pollution limits:
|
(1) Mercury: |
15 micrograms per dry standard cubic meter (μg/dscm) corrected at 7% O2 |
|
(2) Sulfur Dioxide (SO2): |
18 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour geometric mean) |
(b) Limits for Dioxins/Furans and Nitrogen Oxides.
Starting January 1, 2022, in addition to the limits imposed by subsection (b) of this section, each facility must meet the following pollution limits:
| Dioxins/Furans (PCDD/F): | 2.6 nanograms TEQDF-WHO98 per dry standard cubic meter (ng/dcsm) corrected at 7% O2 |
| Nitrogen Oxides (NOx): |
45 parts per million dry volume (ppmvd) corrected at 7% O2 (24 hour block arithmetic mean) 40 parts per million dry volume (ppmvd) corrected at 7% O2 (12 month rolling average) |
§ 8-117. City adoption and enforcement of more stringent Federal and State requirements.
(a) Adoption.
If the U.S. Environmental Protection Agency or the State of Maryland adopts a more stringent standard, limit, or requirement for the emission of air contaminants, a more stringent standard of performance for any facility regulated by this Part II, or a more stringent standard of performance for stationary sources that would apply to a facility than is imposed by this Part II, the facility must meet the more stringent requirement.
(b) Enforcement.
It is expressly the intent of the City in adopting the standards, limits, requirements, and standards of performance referenced in subsection (a) of this section to make those more stringent requirements independently enforceable by the City of Baltimore.
8-118 to 8-119. {Reserved}
§ 8-120. Required CEMS reports.
(a) Reports required.
(1) Each facility must provide a daily report to its Air Monitoring Contractor that details:
(i) the daily emissions from the facility of the pollutants listed in § 8-114 {"Pollutants to be continuously monitored"} of this Part II; and
(ii) the reasons for any CEMS downtime.
(2) All data supplied as part of the reports required by this section are property of the City of Baltimore.
(b) Form of report.
The daily report required by this section must be in the form specified by the Health Commissioner and include all relevant machine readable raw data.
(c) Reasonable access required.
A facility must provide reasonable access to its property and operations to the Air Monitoring Contractor responsible for preparing the reports required by this section to enable the reports to be prepared and verified.
(d) Historical reports.
Each facility must provide its Air Monitoring Contractor with all emissions reports for the facility previously provided to the Maryland Department of the Environment, and any prior Air Monitoring Contractor for the facility, at the time that the Air Monitoring Contractor begins monitoring the facility.
§ 8-121. Data disclosure.
(a) In general.
(1) The Air Monitoring Contractor must disclose the information it receives in the daily reports required by § 8-120(a) {"Required CEMS reports: Reports required"} of this Part II to the public on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information.
(2) The Air Monitoring Contractor must archive all of the daily reports received from a facility under § 8-120 {"Required CEMS reports"} of this Part II and make this archived historical data, together with all data provided by the facility under § 8-120(d) {"Required CEMS reports: Historical reports"}, available on a publicly accessible webpage capable of providing an easy to read graphical portrayal of the information.
(b) Reports to Health Department.
The Air Monitoring Contractor for a facility must provide reports to the Health Commissioner, in the form specified by the Commissioner and including all relevant machine readable raw data, about emissions from the facility:
(1) whenever the facility exceeds an emission limit set under § 8-116 {"Emission limits"} or § 8-117 {"City adoption and enforcement of more stringent Federal and State requirements"};
(2) at regular intervals set by the Commissioner; and
(3) whenever requested by the Commissioner, or the Commissioner's designee.
§ 8-122. Inspections.
(a) In general.
The Air Monitoring Contractor for a facility must periodically inspect the Continuous Emissions Monitoring Systems installed at the facility and verify that they are operating correctly.
(b) Times and intervals.
Inspections required by this section must take place at times and intervals chosen by the Health Commissioner and will not be announced in advance to the facility.
(c) Frequency.
No fewer than 4 inspections must be conducted each calendar year.
8-123. {Reserved}
§ 8-124. Certification of Air Monitoring Contractor.
(a) Required capabilities.
In order to be certified as an Air Monitoring Contractor, an applicant must demonstrate to the Health Commissioner's satisfaction that it, using its own resources or in partnership with 1 or more co-applicants, is capable of:
(1) procuring or developing, and thereafter installing, CEMS equipment at a subject facility;
(2) performing regular inspections as required by§ 8-122 {"Inspections"} of this Part II; and
(3) developing software utilities capable of capturing and publically displaying CEMS data needed for the daily reports required by § 8-120 {"Required CEMS reports"} of this Part II.
(b) Conflicts of interests.
In order to be certified as an Air Monitoring Contractor, an applicant must not have had a contract, other than a contract to perform the duties of an Air Monitoring Contractor under this Part II, with a facility, or the owner or operator of a facility:
(1) within the past 10 years; or
(2) for the duration of their role as an Air Monitoring Contractor.
(c) Certification.
No later than 6 months after the effective date of this Ordinance, the Baltimore City Health Department shall certify an applicant meeting the requirements of subsections (a) and (b) of this section as an Air Monitoring Contractor within 90 days of receiving:
(1) information, in the form required by the Health Commissioner, sufficient to demonstrate that the applicant meets the requirements of subsections (a) and (b) of this section; and
(2) payment of the application fee set by the Board of Estimates.
§ 8-125. Criminal penalties.
(a) In general.
Any person who violates any provision of this Part II, or of a rule or regulation adopted under this Part II, is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or both fine and imprisonment for each offense.
(b) Multiple simultaneous violations.
If a person is responsible for simultaneous violations of more than 1 section of this Part II, simultaneously failing to monitor, measure, and disclose the emission of more than 1 pollutant as required by § 8-114 {"Pollutants to be continuously monitored"} of this Part II, or simultaneously violating more than 1 standard required by § 8-116 {"Emission limits"} of this Part II, each separate violation constitutes a separate offense.
(c) Continuing violations.
Each day that a violation continues constitutes a separate offense.
8-126. {Repealed by Ord. 22-125}
Subtitle 2
Open Burning
§ 8-201. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Open burning.
"Open burning" means any fire or smoke-producing process that emits particulates or gases directly into the atmosphere without passing through any air pollution control equipment.
(c) Waste.
"Waste" has the meaning stated in §7-101 of this article.
§ 8-202. Purpose of subtitle.
(a) Findings and policy.
Because open burning can be a major contributor to air pollution in Baltimore City, the City's policy is to eliminate or control pollution from open burning to protect the health, welfare, and property of the people of the City.
(b) Commissioner to regulate.
For this reason, the Commissioner of Health may regulate open burning.
§ 8-203. Open burning prohibited.
Except as specified in § 8-204 {"Exceptions"} of this subtitle, no person may permit or carry on any open burning of waste.
§ 8-204. Exceptions.
(a) Outdoor cooking.
The use of outdoor grills and fireplaces to prepare food is permitted unless prohibited by the Fire Department.
(b) Disposal of explosives.
The open burning of highly explosive or other dangerous materials for which there is no other known method of disposal or under other unusual circumstances is permitted if, on written request, the burning is:
(1) approved by the Commissioner and the Chief of the Fire Department; and
(2) done under the supervision of the Fire Department.
(c) Training.
The open burning of solid, liquid, or gaseous fuels, materials, or buildings is permitted if done for training purposes under the direct control and supervision of Fire Department instructors.
(d) Salamanders, etc.
Unless prohibited by the Fire Department, the use of salamanders or similar devices by construction or other workers for heat is permitted if:
(1) no smoke violation or other nuisance is created; and
(2) the salamander or other device is of a type approved by the Chief of the Fire Department.
(e) Emergencies.
In an emergency declared by the Commissioner, the open burning of household and normal business waste is permitted if it is done in compliance with the conditions and requirements that the Commissioner specifies for the emergency.
Subtitle 3
Gas-Powered Debris Removal Equipment
§ 8-301. Definitions.
(a) In general.
In this subtitle, the following words have the meanings indicated.
(b) Air pollution.
"Air pollution" has the meaning stated in § 8-101(b) of this title
(c) Contractor.
"Contractor" means a person, firm, or legal entity with which the City has entered into an agreement.
(d) Debris.
"Contractor" means a person, firm, or legal entity with which the City has entered into an agreement.
(1) In general.
"Debris" means any solid material or portion of a solid material intended for disposal.
(2) Inclusions.
"Debris" includes:
(i) manufactured objects;
(ii) plant materials;
(iii) animal materials; and
(iv) natural geologic materials.
(e) Enforcement officer.
"Enforcement officer" has the meaning stated in City Code Article 1 § 41-1(c) {"Definitions: Enforcement officer"}.
(f) Gas-powered debris removal equipment.
(1) In general.
"Gas-powered debris removal equipment" means any device powered by an internal combustion or rotary engine using gasoline, alcohol, or any other fuel that is used to blow, vacuum, displace, or gather debris.
(2) Inclusions.
"Gas-powered debris removal equipment" includes handheld leaf blowers with a vacuum function.
(3) Exclusions.
"Gas-powered debris removal equipment" does not include:
(i) lawn mowers;
(ii) lawn trimmers;
(iii) snow blowers;
(iv) pressure washers; or
(v) self-propelled motorized leaf vacuums, including walk-behind, riding, and hitch mount leaf vacuums; and
(vi) leaf vacuum trucks.
(g) Landscape maintenance company.
"Landscape maintenance company" means a person who receives compensation, including money or material goods, in exchange for services that include:
(1) Caring for:
(i) lawns;
(ii) gardens;
(iii) trees;
(iv) plants; and
(v) hardscape features; or
(2) otherwise enhancing the aesthetics and functionality of an outdoor space.
(h) Person.
(1) In general.
"Person" has the meaning stated in § 1-107(a) {"Person: In general"} of the City Code's General Provisions Article.
(2) Inclusion of governmental entities.
Notwithstanding § 1-107(b) {"Person: Exclusion"} of the General Provisions Article, in this subtitle "person" also includes a governmental entity or an instrumentality or unit of a governmental entity.
(i) Subcontractor.
"Subcontractor" means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract.
§ 8-302. Prohibition of gas-powered debris removal equipment.
A person, individual, contractor, or subcontractor may not use gas-powered debris removal equipment in Baltimore City.
Subtitle 4
Penalties.
§ 8-401. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of:
(1) an environmental citation under City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(2) a civil citation under City Code Article 1, Subtitle 41 {"Civil Citations"}.
(b) Process not exclusive.
The issuance of a citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 8-402. Civil penalties: gas-powered debris removal equipment.
(a) In general.
Except as otherwise specified in this subtitle, an enforcement officer may issue a civil citation for the use of gas-powered debris removal equipment if the enforcement officer:
(1) witnesses the violation; or
(2) receives from at least 1 witness a written complaint accompanied by photographic evidence.
(b) Warning to cease and desist.
An enforcement officer who finds any person person, individual, contractor, or subcontractor violating this subtitle shall order, on a first offense, that the person cease and desist the use of gas-powered debris removal equipment.
(c) Subsequent offense.
A person, individual, contractor, or subcontractor who commits a subsequent offense is subject to a fine of $250 for each subsequent offense.