26.11.15.02

.02 Control of NESHAP and MACT Sources.

A. A person may not construct, modify, operate, or cause to be constructed, modified, or operated any NESHAP source as defined in COMAR 26.11.01.01B(21), which results or will result in violation of any provisions of 40 CFR Part 61 (excluding Subparts B, H, I, K, Q, R, T, and W).

B. A NESHAP source controlled under the requirements of §A of this regulation is not subject to the requirements of Regulations .05 and .06 of this chapter to the extent that emissions from the source are regulated under 40 CFR 61 (NESHAP), except that a source is subject to any applicable requirement under 40 CFR 63, or MACT or new source MACT established by the Department in accordance with the provisions of 40 CFR Part 63, Subpart B.

C. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, a MACT source which results, or will result, in violation of any provisions of 40 CFR 63.

D. A person may not construct, reconstruct, or operate, or cause to be constructed, reconstructed, or operated, any MACT source which results, or will result, in a violation of a MACT or new source MACT established by the Department in accordance with the provisions of 40 CFR Part 63, Subpart B.

E. The applicability of a requirement under 40 CFR 63, a MACT, or a new source MACT to a source does not change the applicability of this chapter to that source.

F. MACT sources may request from the Department a compliance extension for certain 40 CFR 63 requirements following the procedures set forth in 40 CFR Part 63, Subpart D.