26.11.21.11

.11 Action on an Application.

A. Within 30 days after receiving an application, the Department will acknowledge receipt of the application and, within 15 working days after acknowledgment, will notify the applicant of any deficiency in the application. Within 60 calendar days after receiving a completed application, including all additional information requested by the Department, the Department will issue a license or deny the application.

B. Denial.

(1) The Department will deny an application if it determines that the applicant has not demonstrated the ability to comply fully with applicable requirements, procedures, and standards established by the:

(a) Department in this chapter;

(b) U.S. Environmental Protection Agency in 40 CFR 61; and

(c) Maryland Occupational Safety and Health Program in 29 CFR §§1910.134 and 1926.58.

(2) If the Department denies a license, the Department will return to the applicant the application fee, less $25.

(3) The Department will send the denial of an application by certified mail. The applicant may request a hearing within 10 days after receipt of the certified mail. If it receives a timely request, the Department will hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

C. Conditions and Generic Alternative.

(1) In granting a license, the Department may impose reasonable terms and conditions to ensure continuous compliance with the requirements of this chapter.

(2) In granting a license, the Department may approve an alternative procedure for controlling emissions from a specified type of asbestos project provided that the following conditions are satisfied:

(a) The business entity or public unit submits in writing a specific, detailed description of the type of asbestos project and the alternative procedure;

(b) The business entity or public unit demonstrates to the satisfaction of the Department that compliance with a procedure prescribed in Regulation .06, .07, or .08 of this chapter is not practical or not feasible or that the proposed alternative procedure provides equivalent control of asbestos; and

(c) The Department determines that compliance with the proposed alternative procedure will minimize the emission of asbestos into the air.