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26.11.02.00.htm 26.11.02.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY Chapter 02 Permits, Approvals, and Registration Authority: Environment Article, §1-101, 1-404, 1-601―1-606, 2-101―2-103, 2-301―2-303, and 2-401―2-404, Annotated Code of Maryland
26.11.02.01.htm 26.11.02.01. 01 Definitions.. A. In this chapter and in COMAR 26.11.03, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Acid rain source" means a new or modified source subject to the provisions of 40 CFR 72, as amended.1-1) "Administrative permit amendment" means a revision to a Part 70 permit that satisfies the requirements of COMAR 26.11.03.15.2) "Affected source" means a source that includes one or more affected units..
26.11.02.02.htm 26.11.02.02. 02 General Provisions.. A. Registration.. 1) Requirement for Registration. The owner or operator of a source, except as provided in §A(3) of this regulation, shall register that source with the Department in the manner prescribed by the Department. Registration does not imply approval by the Department of the source.2) Change in Ownership. A change of ownership terminates the registration of a source. The new owner shall register the source with the Department wit
26.11.02.03.htm 26.11.02.03. 03 Federally Enforceable Permits to Construct and State Permits to Operate.. A. The Department may include a condition in a permit to construct, an approval, or a State permit to operate that limits emissions from a source and that is federally enforceable so that the source is not subject to a Part 70 permit or an applicable requirement of the Clean Air Act.B. Conditions of a permit to construct are federally enforceable if the conditions are based upon applicable requirements of
26.11.02.04.htm 26.11.02.04. 04 Duration of Permits.. A. Unless a permit to construct, State permit to operate, or an approval is revoked by the Department or superseded by another permit, it remains in effect as provided in this regulation.B. Permits to Construct and Approvals. A permit to construct or an approval expires if, as determined by the Department:1) Substantial construction or modification is not commenced within 18 months after the date of issuance of the permit or approval, unless the Departm
26.11.02.05.htm 26.11.02.05. 05 Violation of Permits and Approvals.. A. A person may not violate or cause to be violated any term or conditions of a permit issued under this chapter or COMAR 26.11.03. The Department may bring any action authorized by law for violation of a permit or any term or condition of a permit. These actions include revocation of a permit or any other actions specified in Environment Article, §2-601 et seq. Annotated Code of Maryland. Under Environment Article, §2-60
26.11.02.06.htm 26.11.02.06. 06 Denial of Applications for State Permits and Approvals.. A. Applicability. This regulation applies to all permits and approvals except Part 70 permits and general permits.B. All Permits to Construct and Approvals. The Department shall deny an application if the applicant does not demonstrate to the satisfaction of the Department that the source:1) Shall comply with all applicable emission standards set forth in this subtitle, including but not limited to:
26.11.02.07.htm 26.11.02.07. 07 Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval.. A. Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit.1) Denial is final unless the applicant requests a hearing before the Department within 15 days after service.2) When a hearing is requested by the applicant, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code o
26.11.02.08.htm 26.11.02.08. 08 Late Applications and Delays in Acting on Applications.. A. The Department does not issue retroactive permits for sources which are constructed, modified, or operated before being covered by a valid permit or approval. Processing and evaluation of late applications follow the requirements of this chapter and COMAR 26.11.03. In determining the appropriate penalty to seek in an administrative or judicial enforcement action, the Department shall consider, among other things:
26.11.02.09.htm 26.11.02.09. 09 Sources Subject to Permits to Construct and Approvals.. A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, the specified permits to construct and approvals:1) New Source Review Source (NSR source) as defined at COMAR 26.11.01.01―approval required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN
26.11.02.10.htm 26.11.02.10. 10 Sources Exempt from Permits to Construct and Approvals.. A person may construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, a permit to construct:A. Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §7-207 and 7-208, Annotated Code of Maryland;B. Motor vehicles, steamships, tugs, and railroad locomotives;.
26.11.02.11.htm 26.11.02.11. 11 Procedures for Obtaining Permits to Construct Certain Significant Sources.. A. Applicability.. 1) The owner or operator of a source shall comply with the procedures in this regulation when applying for a permit to construct for any of the activities listed in §A(2) of this regulation at any source:a) For which a State permit to operate is required, as provided in Regulation .13 of this chapter;. b) Subject to federal new source performance standards at 40 CFR 60, nation
26.11.02.12.htm 26.11.02.12. 12 Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-by-Case MACT Determinations in Accordance with 40 CFR Part 63, Subpart B.A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation when applying for the following:1) Approval for a source that is a Prevention of Significant Deterioration (PSD) source or a New Source Review (NSR) source;
26.11.02.13.htm 26.11.02.13. 13 Sources Subject to State Permits to Operate.. A. Except for a source that is covered by a Part 70 permit, a person may not operate or cause to be operated any of the following sources without first obtaining, and having in current effect, a State permit to operate as required by this regulation:1) General and by-product waste incinerators of 2,000 pounds (907 kilograms) or more per hour rated capacity, crematoriums, pathological incinerators, incinerators burning spe
26.11.02.14.htm 26.11.02.14. 14 Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources.A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation for any source or activity:1) That is not listed in Regulation .11A or .12 of this chapter;. 2) That constitutes air pollution control equipment for which a permit to construct is required, as provided in Regulations .
26.11.02.15.htm 26.11.02.15. 15 Part 70 Permits.. Additional provisions for Part 70 permits appear in COMAR 26.11.03..
26.11.02.16.htm 26.11.02.16. 16 Permit Fees.. A. General Requirements for Sources Requiring a Permit to Construct or Permit to Operate.. 1) Fees for Permit to Construct. Upon receiving an application for a permit to construct, the Department shall determine the appropriate permit fee and bill the applicant. The fee shall be as prescribed in Regulation .17 or .18 of this chapter.2) Fees for Permits to Operate.. a) The fees for State permits to operate and permits issued pursuant to Title V of the federal Clean
26.11.02.17.htm 26.11.02.17. 17 Fee Schedule: Permit to Construct.. A. A person who submits an application for a permit to construct shall pay one of the following:. 1) A fee of $100 for charbroilers and pit barbecues;. 2) A fee of $200 for tank farms at motor vehicle or off-road vehicle refueling facilities;. 3) A fee of $400 for fuel-burning equipment with a rated heat input capacity of less than 10 million Btu per hour; or4) A base fee of $500 for all other sources, plus any applicable additional
26.11.02.18.htm 26.11.02.18. 18 Fee Schedule for New or Modified Electric Generating Stations.. New or modified electric generating stations shall pay a fee of $20,000..
26.11.02.19.htm 26.11.02.19. 19 Fee Schedule: Title V Permit or a State Permit to Operate.. A. Annual Fees.. 1) The owner or operator of a source that is required to obtain, and have in current effect, a permit issued under Title V of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §7661―7661f, including a Part 70 permit, shall pay an annual fee consisting of a base fee of $5,000 plus an emission-based fee for each ton of regulated emissions from all installations at the plant or facility.
26.11.02.9999.htm 26.11.02.9999. Administrative History Effective date: July 18, 1980 (7:12 Md. R. 1148). Regulations .01C and E repealed effective February 10, 1984 (10:26 Md. R. 2341). Regulation .03A amended effective November 7, 1980 (7:20 Md. R. 1878) July 10, 1981 (8:11 Md. R. 974) August 16, 1983 (10:14 Md. R. 1226) February 10, 1984 (10:26 Md. R. 2341) March 25, 1984 (11:3 Md. R. 202)Regulation .03B amended effective August 16, 1983 (10:14 Md. R. 1262).
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