Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.03 - Permits, Approvals, and Registration - Title V Permits › Section 26.11.03.11 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 request shall include the basis
				  for the request and refer to any objectionable terms and conditions.
B. Referral to Office of Administrative
				  Hearings. The Department shall refer the applicant's request to the Office of
				  Administrative Hearings (OAH) for a contested case hearing regarding the denial
				  of the permit or the objectionable terms and conditions. If objectionable terms
				  and conditions are the basis for the request, the referral is limited to the
				  objectionable terms and conditions and any others that are necessarily
				  implicated by a challenge to the objectionable terms and conditions.
C. Notice to Other Persons. After referral to
				  OAH, the applicant shall provide notice of the contested case hearing, at the
				  applicant's expense, to the EPA, any affected state that commented on the draft
				  or proposed permit, and any other person who has requested notice. The
				  applicant shall also provide notice in a newspaper of general circulation in
				  the area of the source for which the Part 70 permit is sought. Before the
				  notices required by this section are sent or published, the form and content of
				  the notices shall be submitted by the applicant to the administrative law judge
				  for approval.
D. Rights of Other
				  Persons to Participate. The EPA has the right, at its discretion, to
				  participate as a party in a contested case hearing held under this regulation.
				  Any other person may move to participate in the contested case hearing in
				  accordance with the requirements of Maryland law.
E. Additional Notice and Final Decision. If
				  the EPA did not participate in the contested case hearing, the Department shall
				  provide the EPA with a copy of the proposed decision of the administrative law
				  judge and 45 days opportunity to comment before the Department issues its final
				  decision in the contested case. If the EPA comments within 45 days, the
				  Department shall provide a copy of those comments to all parties to the
				  contested case hearing and 10 days to respond to those comments. After the end
				  of this comment period, or without a comment period if EPA participated in the
				  contested case hearing, the Department shall issue its final decision in the
				  contested case.
F. Determination
				  that an Application is Incomplete. A determination by the Department that an
				  application for an initial or renewed Part 70 permit is incomplete is also
				  subject to the procedures for contested cases in §§A and B of this regulation,
				  if the determination is made after the time for submitting a timely
				  application. The requirements of §§C-E of this regulation do not apply to a
				  contested case hearing held under this section.
G. State-only Enforceable Conditions.
				  Sections A, B, and F of this regulation apply to the federally enforceable and
				  the State-only enforceable conditions of a Part 70 permit.