Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.17 - Nonattainment Provisions for Major New Sources and Major Modifications › Section 26.11.17.03 - General Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  who proposes to construct or modify an emissions unit subject to this chapter
				  may not commence construction of the emissions unit without first obtaining all
				  permits and approvals required under this subtitle.
B. The Department shall deny a permit or
				  approval to a person who proposes to construct a new major stationary source or
				  major modification to a major stationary source unless the following conditions
				  are met:
(1) The applicant certifies that all
				  existing major stationary sources owned or operated by the applicant, or any
				  entity controlling, controlled by, or under common control with the applicant,
				  in the State are in compliance with all applicable emission limitations or are
				  in compliance with an approved federally enforceable plan for
				  compliance;
(2) The proposed new
				  major stationary source or major modification will meet an emission limitation
				  which specifies the lowest achievable emissions rate;
(3) More than equivalent emission offsets
				  from existing sources in the area impacted by the proposed new major stationary
				  source or major modification (whether or not under the same ownership) are
				  required so that there will be reasonable further progress toward attainment of
				  the applicable standard; for sources locating in the Ozone Transport Region,
				  the offset ratios for VOC and NOx shall equal or exceed
				  the following:
(a) 1.3 to 1 for sources of
				  VOC or NOx in Baltimore City, or Anne Arundel,
				  Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard,
				  Montgomery, or Prince George's counties; and
(b) 1.15 to 1 for sources of VOC or
				  NOx in Allegany, Caroline, Dorchester, Garrett, Kent,
				  Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, or Worcester
				  counties;
(4) The
				  emission offsets will provide a positive net air quality benefit in the
				  affected area, although for sources of VOC or NOx,
				  atmospheric simulation modeling is not necessary for VOC and
				  NOx and fulfillment of §B(3) of this regulation is
				  considered adequate to meet this condition;
(5) The emission offsets for the major source
				  or major modification shall be federally enforceable before construction is
				  commenced;
(6) An analysis of
				  alternative sites, sizes, production processes, and environmental control
				  techniques for a proposed source demonstrates that benefits of the proposed
				  source significantly outweigh the environmental and social costs imposed as a
				  result of its location, construction, or modification; and
(7) The total tonnage of increased emissions,
				  in tons per year, resulting from a major modification that is to be offset is
				  the sum of the difference between the allowable emissions after the
				  modification and the actual emissions before the modification for each
				  emissions unit.