Air Quality Law

The Air Quality Law

• Establishes control and prohibition of indoor air pollution;
• Authorizes DEP to protect ambient (outdoor) air quality and indoor air quality in the County. It prohibits air pollution from crossing property lines or leaseholds;
• States that indoor air pollutants include dust, odor, smoke, gas, radon, asbestos, and biological substances like viruses, bacteria, fungi, and molds; and
• Establishes that a person must not allow the emission of indoor air pollution beyond the person's property line.

Enforcement of the Air Quality Law

The Department of Environmental Protection may cite a person in violation of the Air Quality Law if we:

• witness a violation; or
• receive complaints from at least two individuals who have personal knowledge of the indoor air pollution.

Enforcement actions consist of warning letters, Notices of Violation, and Civil Citations. Civil Citations are subject to a penalty of up to $500, increasing to $750 for repeat offenders.

Exemptions to the Indoor Air Quality Law

• The residential use of personal hygiene products
• Smoking in a private home
• Residential cooking odors

The Air Quality Ordinance

• Establishes requirements for visible emissions (commercial/industrial process exhaust) and airborne particulate matter (dust).
• Establishes requirements for open burning and burning permits.
• Establishes ambient air quality requirements for odors.
• Odor complaints can be made on the testimony of two individuals. Complete and submit an  Odor Complaint Form (4.29MB, PDF) and email it to  askdep@montgomerycountymd.gov

Common air quality complaints include dust from a commercial operation or construction site crossing property lines, odors from commercial or residential activities, illegal  open burning  and visible emissions (other than steam) from any installation or commercial operation.

DEP may issue a citation for a violation of the Air Quality Law if DEP

• witnesses the violation; or
• receives complaints from at least two individuals who have personal knowledge of the air pollution odor.  

Enforcement actions include warning letters, Notices of Violation, and Civil Citations.  Civil citations are subject to a civil penalty of up to $500, increasing to $750 for repeat offenders. 

What Is Excluded from the Law?

Certain emissions are specifically excluded from the Air Quality Law:

• Visible emissions from steam.
• Visible emissions from a food preparation installation that operates at one location for less than 15 days in any 365-day period.
• Visible emissions caused by wood burning in a residential fireplace or wood stove, and recreational fire. Learn more about open and recreational burning.
• Short-term startup emissions from installations