Skip to Main Content
<< Back | Return to Main COMAR Search Page

26 records match your request.

FileAbstract
26.11.03.00.htm 26.11.03.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY Chapter 03 Permits, Approvals, and Registration ― Title V Permits Authority: Environment Article, §1-101, 1-404, 2-101―2-103, 2-301―2-303, 2-401, 2-403, and 2-404, Annotated Code of Maryland
26.11.03.01.htm 26.11.03.01. 01 Applicability and General Requirements.. A. The owner or operator of the following sources shall apply for and obtain a Part 70 permit unless exempted under §B of this regulation:1) A major source;. 2) A source, including an area source, subject to a standard, limitation, or other requirement under §111 of the Clean Air Act;3) A source, including an area source, subject to a standard or other requirement under §112 of the Clean Air Act, except that a source is not require
26.11.03.02.htm 26.11.03.02. 02 Applications for Part 70 Permits.. A. A person who owns or operates a source for which a Part 70 permit is required by Regulation .01 of this chapter shall submit a timely and complete application for an initial permit or renewal of an existing permit on forms provided by the Department and in accordance with this regulation.B. Timely Application.. 1) An application for a Part 70 permit is timely if the application meets the requirements of this s2) Initial Part 70 Permits..
26.11.03.03.htm 26.11.03.03. 03 Information Required as Part of Application for a Part 70 Permit.. A. The applicant for a Part 70 permit shall provide all information relating to applicable requirements of the Clean Air Act, including information claimed to be confidential, that is necessary for the Department to decide whether to issue or deny a Part 70 permit. The information shall be submitted on permit application forms provided by the Department.B. Except as otherwise provided in this chapter, t
26.11.03.04.htm 26.11.03.04. 04 Emissions Units and Activities Exempt from the Part 70 Permit Application.. A. The following emission units and activities need not be included in the permit application, except to the extent required by COMAR 26.11.03.02G:1) Space heaters operating by direct heat transfer and used solely for comfort heat;. 2) Brazing, soldering, welding equipment and cutting torches related to manufacturing and construction activities that emit HAP metals and not directly related to plant mainte
26.11.03.05.htm 26.11.03.05. 05 Content of Part 70 Permits ― General Requirements.. A. For all major sources, the Department shall include in the Part 70 permit for a source all applicable requirements of the Clean Air Act for all relevant emission units at the major source.B. For a nonmajor source for which a Part 70 permit is required as provided in Regulation .01 of this chapter, the Department shall include in the permit all applicable requirements of the Clean Air Act for all emission units
26.11.03.06.htm 26.11.03.06. 06 Content of Part 70 Permits ― Specific Requirements.. A. At a minimum, the Department shall include in each Part 70 permit the following terms and conditions that are based upon applicable requirements of the Clean Air Act:1) Emission limitations and standards, including those operational limitations and other requirements that assure compliance with all applicable requirements of the Clean Air Act at the time of permit issuance, as described in §B of this regulation;
26.11.03.07.htm 26.11.03.07. 07 Public Participation Procedures.. A. Applicability.. 1) The applicant for a Part 70 permit, a significant permit modification to a Part 70 permit, or a Part 70 permit renewal shall provide public notification of the permit proceeding in accordance with the provisions of this regulation.2) A permittee whose Part 70 permit is reopened under Regulation .20 of this chapter shall provide public notification of the reopening of the permit, in accordance with the r
26.11.03.08.htm 26.11.03.08. 08 Review by Affected States of Part 70 Permits.. A. The Department shall provide notice of each draft Part 70 permit, significant permit modification, and draft permit renewal to each affected state not later than the date that the public notification required by Regulation .07 of this chapter is provided. Notification of a minor permit modification shall be sent within 5 days of receipt of a complete application, as provided in Regulation .16E of this chapter. As provi
26.11.03.09.htm 26.11.03.09. 09 Review by EPA of Part 70 Permits.. A. The Department shall provide the EPA with a copy of each application for a Part 70 permit, including an application for a permit revision, each proposed permit, and each final Part 70 permit, unless the EPA agrees to accept a summary of the application and related information. The Department may require the applicant to submit a copy of the permit application, including the compliance plan directly to the EPA.B. Except for administrat
26.11.03.10.htm 26.11.03.10. 10 Public Petitions for Review to EPA Regarding Part 70 Permits.. A. If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during the public c
26.11.03.11.htm 26.11.03.11. 11 Hearing Procedures.. A. Request for a Contested Case Hearing. If the Department denies a Part 70 permit or issues it with terms and conditions that are objectionable to the applicant, the applicant may request that a contested case hearing be held regarding the permit. This request shall be made to the Department in writing not later than 15 days after the applicant receives notice that the permit has been denied or of the objectionable terms and conditions. The requ
26.11.03.12.htm 26.11.03.12. 12 Judicial Review.. A. Final Decisions. Final decisions of the Department regarding Part 70 permits are subject to judicial review as provided in this regulation. The following decisions are final:1) A final decision of the Department regarding a Part 70 permit following a contested case hearing requested by the applicant, as provided in Regulation .11 of this chapter;2) Failure of the Department to make a decision regarding a Part 70 permit within the time limits sp
26.11.03.13.htm 26.11.03.13. 13 Issuance and Renewal of Part 70 Permits.. A. Action on Applications for a Part 70 Permit.. 1) The Department shall issue a Part 70 permit, permit revision, or permit renewal only if it determines that all of the following requirements have been met:a) The Department has received a complete application for a Part 70 permit, permit revision, or permit renewal, except that a complete application need not be received before a determination that a particular source is covere
26.11.03.14.htm 26.11.03.14. 14 Revision of Part 70 Permits ― General Requirements.. A. The permittee shall submit an application to the Department to revise a Part 70 permit when required under Regulations .15―17 of this chapter.B. The applicant for a revision to a Part 70 permit shall comply with the requirements of Regulations .02 and .03 of this chapter and this regulation except that the application need include only information listed that is related to the proposed change to the source and rev
26.11.03.15.htm 26.11.03.15. 15 Administrative Permit Amendments.. A. A permittee may apply to the Department to make an administrative permit amendment to a Part 70 permit, as provided in this regulation. The application shall:1) Be in writing;. 2) Include a statement certified by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F, that the proposed amendment meets the criteria for an administrative permit amendment; and3) Identify those provisi
26.11.03.16.htm 26.11.03.16. 16 Minor Permit Modifications.. A. A permittee may apply to the Department to make a minor modification to the federally enforceable provisions of a Part 70 permit, as provided in this regulation.B. A minor permit modification is a Part 70 permit revision that:. 1) Does not result in a violation of any applicable requirement of the Clean Air Act;. 2) Does not significantly revise existing federally enforceable monitoring, including test methods, reporting, record keeping
26.11.03.17.htm 26.11.03.17. 17 Significant Permit Modifications.. A. As provided in this regulation, a permittee may apply to the Department to make a significant modification to a Part 70 permit.B. A significant permit modification is a revision to the federally enforceable provisions of a Part 70 permit that does not qualify as an administrative permit amendment under Regulation .15 of this chapter or as a minor permit modification under Regulation .16 of this chapter. A significant change
26.11.03.18.htm 26.11.03.18. 18 On-Permit Changes to Sources.. A. A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if:1) The change is not a Title I modification;. 2) The change does not result in emissions in excess of those expressly allowed under the federally enforceable provisions of the Part 70 permit for the permitted source or for an emissions unit within the source, whether expressed as a rate of emissions or in terms of total emissions;
26.11.03.19.htm 26.11.03.19. 19 Off-Permit Changes to Sources.. A. A permittee may make a change to the permitted source that is not addressed or prohibited by the federally enforceable conditions of a Part 70 permit without obtaining a Part 70 permit revision if:1) The owner or operator has obtained all permits and approvals required by this chapter;. 2) The change is not subject to any requirements under Title IV of the Clean Air Act;. 3) The change is not a Title I modification; and.
26.11.03.20.htm 26.11.03.20. 20 Reopening Part 70 Permits.. A. Reopening a Part 70 Permit by the Department.. 1) Mandatory Reopening by the Department. The Department shall reopen and revise or revoke the federally enforceable conditions of a Part 70 permit under the following circumstances:a) Additional requirements of the Clean Air Act become applicable to a major Part 70 source with a remaining permit term of 3 or more years;b) Additional requirements, including excess emissions requirements, become
26.11.03.21.htm 26.11.03.21. 21 General Part 70 Permits.. A. The Department may, after its review, review by the EPA and affected states, and after notice and opportunity for public comment and hearing as required by the rulemaking provisions of the Administrative Procedure Act, State Government Article, §10-101 et seq. Annotated Code of Maryland, and Environment Article, §2-301, Annotated Code of Maryland, issue a general Part 70 permit covering numerous similar sources or emissions units. Any general
26.11.03.22.htm 26.11.03.22. 22 Part 70 Permits for Temporary Sources.. A. A temporary source is a Part 70 source that the applicant intends to relocate from one site to another site at least once during the term of the permit. The owner or operator of a temporary source that is required to obtain a Part 70 permit, under Regulation .01 of this chapter, shall apply for the Part 70 permit in accordance with the requirements of this chapter.B. The Department may issue a single Part 70 permi
26.11.03.23.htm 26.11.03.23. 23 Permit Shield in Part 70 Permits.. A. Except as provided in this chapter, the Department may expressly include in a Part 70 permit a provision stating that compliance with the federally enforceable conditions of the permit is deemed to be in compliance with all applicable requirements of the Clean Air Act as of the date of permit issuance.B. The permit shield shall cover only the following:. 1) Applicable requirements of the Clean Air Act that are included and are s
26.11.03.24.htm 26.11.03.24. 24 Part 70 Permit Emergency Provisions.. A. For purposes of a Part 70 permit, an "emergency" means a situation:. 1) Arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator of the source, including acts of God;2) Requiring immediate corrective action to restore normal operation; and. 3) That causes the source to exceed a technology-based emission standard under the Part 70 permit because of unavoidable increases in emissions attrib
26.11.03.9999.htm 26.11.03.9999. Administrative History Effective date:. Chapter, State-Adopted National Ambient Air Quality Standards and Guidelines, recodified from COMAR 26.11.03.01―07 to COMAR 26.11.04.03―09, effective May 8, 1995 (22:9 Md. R. 648) Editor's note: Regulations .01―24, Permits, Approvals, and Registration―Part 70 Permits, as well as the Part 70 permit requirements of COMAR 26.11.02 were effective on August 2, 1996, the date the EPA approved Maryland's program (24:5 Md. R. 413)
<< Back | Return to Main COMAR Search Page