reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.05-1 - Emissions Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability. This regulation applies to a person who owns or operates any
				  installation, source, or premises that is located in:
(1) Baltimore City, or in Anne Arundel,
				  Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Kent,
				  Montgomery, Prince George's or Queen Anne's counties, and has total actual
				  emissions of either VOC or NOx from all installations and sources on a premises
				  of 25 tons or more during a calendar year;
(2) Allegany, Caroline, Dorchester, Garrett,
				  St. Mary's, Somerset, Talbot, Washington, Wicomico, or Worcester counties, and
				  has total actual emissions of either VOC or NOx from all installations and
				  sources on a premises of 50 tons or more of VOC or 100 tons or more of NOx
				  during a calendar year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.06 - Circumvention

Current through Register Vol. 51, No. 14, July 12, 2024
A person may not install or use any article, machine,
					 equipment or other contrivance, the use of which, without resulting in a
					 reduction in the total weight of emissions, conceals or dilutes an emission
					 which would otherwise constitute a violation of any applicable air pollution
					 control regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.07 - Malfunctions and Other Temporary Increases of Emissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Excess emissions" means an emission rate
				  which exceeds any applicable emission standard set forth in this subtitle
				  unless the emission rate is in compliance with an approved plan for compliance,
				  departmental order, consent order, or condition of a permit.
(2) "Malfunction" means sudden and
				  unavoidable failure of an installation to operate in a normal and usual manner.
				  Failures that are caused entirely or in part by inadequate design, poor
				  maintenance, careless operation, preventable upset conditions, or preventable
				  equipment breakdown may not be considered malfunctions.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.08 - Determination of Ground Level Concentrations - Acceptable Techniques

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Major modification" means any
				  modification as defined in 40 CFR Parts 51 and 52, 1985 edition.
(2) "State Implementation Plan" means the
				  plan required by the Federal Clean Air Act,
				  42 U.S.C §
												7410, which the State adopts and submits to
				  the United States Environmental Protection Agency showing attainment and
				  maintenance of National Ambient Air Quality Standards.
(3) "Unacceptable dispersion technique" means
				  any dispersion technique as defined in 40 CFR Part 51, 1985 edition, as
				  amended, 50 FR 27906-27907 (July 8, 1985: Stack Height Regulation).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.09 - Vapor Pressure of Gasoline

Current through Register Vol. 51, No. 14, July 12, 2024
See Figure 1.
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Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.10 - Continuous Opacity Monitoring Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability and Exceptions.
(1) The provisions of this regulation apply
				  to:
(a) Fuel burning equipment burning coal,
				  fuel oil, tars, or waste combustible fluid at any time and that has a rated
				  heat input capacity of 250 million Btu per hour or greater;
(b) Fuel burning equipment burning coal with
				  a rated heat input capacity of 100 million Btu per hour or greater but less
				  than 250 million Btu per hour and was constructed on or before June 19,
				  1984;
(c) A cement kiln;
(d) A fluidized bed combustor of any size;
				  and
(e) A municipal waste combustor
				  with a burning capacity of 35 tons or greater per day.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.01 - General Administrative Provisions › Section 26.11.01.11 - Continuous Emission Monitoring Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability and Exemptions.
(1) The provisions of this regulation apply
				  to:
(a) Fuel-burning equipment burning coal
				  that has a rated heat input capacity of 100 million Btu per hour or
				  greater;
(b) Municipal waste
				  combustors with a burning capacity of 35 tons or greater per day;
(c) Fluidized bed combustors; and
(d) Kraft pulp mills.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Registration.
(1) Requirement for
				  Registration. The owner or operator of a source, except as provided in §A(3) of
				  this regulation, shall register that source with the Department in the manner
				  prescribed by the Department. Registration does not imply approval by the
				  Department of the source.
(2)
				  Change in Ownership. A change of ownership terminates the registration of a
				  source. The new owner shall register the source with the Department within 30
				  days of the change of ownership.
(3) Sources Not Required to be Registered.
				  Existing sources listed in Regulation .10 of this chapter are not required to
				  be registered. This provision does not authorize or permit the creation of or
				  maintenance of air pollution.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.03 - Federally Enforceable Permits to Construct and State Permits to Operate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  may include a condition in a permit to construct, an approval, or a State
				  permit to operate that limits emissions from a source and that is federally
				  enforceable so that the source is not subject to a Part 70 permit or an
				  applicable requirement of the Clean Air Act.
B. Conditions of a permit to construct are
				  federally enforceable if the conditions are based upon applicable requirements
				  of the Clean Air Act.
C. A State
				  permit to operate is federally enforceable if the permit so states and if the
				  permit was processed in accordance with the procedures set forth in 54 FR
				  27274-27288 (June 28, 1989) or other procedures acceptable to EPA for making a
				  permit federally enforceable.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.04 - Duration of Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a
				  permit to construct, State permit to operate, or an approval is revoked by the
				  Department or superseded by another permit, it remains in effect as provided in
				  this regulation.
B. Permits to
				  Construct and Approvals. A permit to construct or an approval expires if, as
				  determined by the Department:
(1) Substantial
				  construction or modification is not commenced within 18 months after the date
				  of issuance of the permit or approval, unless the Department specifies a longer
				  period in the permit or approval;
(2) Construction or modification is
				  substantially discontinued for a period of 18 months after the construction or
				  modification has commenced; or
(3)
				  The source for which the permit or approval was issued is not completed within
				  a reasonable period after the date of issuance of the permit or
				  approval.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.05 - Violation of Permits and Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not violate or cause to be
				  violated any term or conditions of a permit issued under this chapter or COMAR
				  26.11.03. The Department may bring any action authorized by law for violation
				  of a permit or any term or condition of a permit. These actions include
				  revocation of a permit or any other actions specified in Environment Article, §
										2-601 et seq., Annotated
				  Code of Maryland. Under Environment Article, §
										2-609, Annotated Code of
				  Maryland, the Department may seek immediate injunctive relief against a person
				  who violates a permit in such a manner as to cause a threat to human health or
				  the environment. Unless they provide otherwise, the terms and conditions of a
				  permit remain in effect until the permit expires or is revised, revoked, or
				  superseded by the issuance of a later permit, order, plan for compliance, or
				  other consent agreement which is inconsistent with the earlier permit, either
				  expressly or by necessary implication.
B. Each day of violation of each provision of
				  a permit is a separate violation, as provided by Environment Article, 2-609.1,
				  2-610, and 2-610.1, Annotated Code of Maryland. Each day of construction,
				  modification, or operation without a permit which is in current effect, as
				  required by this chapter and COMAR 26.11.03, is a separate violation.
C. In addition to or in lieu of bringing an
				  administrative or judicial enforcement action against a person responsible for
				  construction, modification, or operation of a source for which a permit has
				  expired or has been revoked, the Department, at its option, may treat the
				  permit as remaining in effect for the purpose of administrative or judicial
				  enforcement for violation of the provisions of the permit.
D. Except as provided in a permit shield
				  issued under COMAR
				  26.11.03.23 a for a Part 70
				  source, the issuance of a permit for a particular source does not alter the
				  requirement for the source to comply with all other applicable requirements of
				  the Clean Air Act and State air pollution control law. In addition to or in
				  lieu of an administrative or judicial action that may result from violation of
				  the permit and approval requirements of this chapter or COMAR 26.11.03, the
				  Department may commence an administrative or judicial action authorized by law
				  for violation of applicable requirements of the Clean Air Act or State air
				  pollution control law.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.06 - Denial of Applications for State Permits and Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This regulation applies to
				  all permits and approvals except Part 70 permits and general permits.
B. All Permits to Construct and Approvals.
				  The Department shall deny an application if the applicant does not demonstrate
				  to the satisfaction of the Department that the source:
(1) Shall comply with all applicable emission
				  standards set forth in this subtitle, including but not limited to:
(a) New Source Performance Standards (NSPS)
				  contained in COMAR
				  26.11.06.12 a,
(b) Requirements for National Emission
				  Standards for Hazardous Air Pollutants sources (NESHAP sources) contained in
				  COMAR 26.11.15.02 a,
(c) Requirements for toxic air pollutants
				  contained in COMAR 26.11.15;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.07 - Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial
				  of Approvals, State Permits to Operate or State-Only Enforceable Provisions of
				  a Part 70 Permit.
(1) Denial is final unless
				  the applicant requests a hearing before the Department within 15 days after
				  service.
(2) When a hearing is
				  requested by the applicant, it shall be held pursuant to the contested case
				  provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of
				  Maryland.
(3) Denials shall be
				  served as summonses are served, or by certified mail upon the applicant.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.08 - Late Applications and Delays in Acting on Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  does not issue retroactive permits for sources which are constructed, modified,
				  or operated before being covered by a valid permit or approval. Processing and
				  evaluation of late applications follow the requirements of this chapter and
				  COMAR 26.11.03. In determining the appropriate penalty to seek in an
				  administrative or judicial enforcement action, the Department shall consider,
				  among other things:
(1) The length of time
				  that a source was not permitted;
(2) Whether the person responsible for the
				  source had actual or constructive knowledge of the requirements of this chapter
				  and COMAR 26.11.03; and
(3) Whether
				  and to what extent the source was in violation of the other applicable
				  requirements of the State air pollution control law or of the Clean Air
				  Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.09 - Sources Subject to Permits to Construct and Approvals

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not construct or modify or
				  cause to be constructed or modified any of the following sources without first
				  obtaining, and having in current effect, the specified permits to construct and
				  approvals:
(1) New Source Review Source (NSR
				  source), as defined at COMAR
				  26.11.01.01 a -approval required,
				  except for electric generating stations that receive a certificate of public
				  convenience and necessity (CPCN) under Public Utilities Article, §§7-207 and
				  7-208, Annotated Code of Maryland;
(2) Prevention of Significant Deterioration
				  (PSD) Source, as defined at COMAR
				  26.11.01.01 a -approval required,
				  except for electric generating stations that receive a certificate of public
				  convenience and necessity (CPCN) under Public Utilities Article, §§7-207 and
				  7-208, Annotated Code of Maryland;
(3) New Source Performance Standard Source
				  (NSPS source), as defined at COMAR
				  26.11.01.01 a - permit to
				  construct required, except for electric generating stations that receive a
				  certificate of public convenience and necessity (CPCN) under Public Utilities
				  Article, §§7-207 and 7-208, Annotated Code of Maryland;
(4) National Emission Standards for Hazardous
				  Air Pollutants Source (NESHAP source), as defined at COMAR
				  26.11.01.01 a B(21)(a) - permit to
				  construct required, except for electric generating stations that receive a
				  certificate of public convenience and necessity (CPCN) under Public Utilities
				  Article, §§7-207 and 7-208, Annotated Code of Maryland;
(5) Stationary source of lead that discharges
				  1 ton per year or more of lead or lead compounds measured as elemental
				  lead-permit to construct required;
(6) All sources, including installations and
				  air pollution control equipment, except as listed in Regulation .10 of this
				  chapter-permit to construct required.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.11 - Procedures for Obtaining Permits to Construct Certain Significant Sources

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
(1) The owner or operator of a source shall
				  comply with the procedures in this regulation when applying for a permit to
				  construct for any of the activities listed in §A(2) of this regulation at any
				  source:
(a) For which a State permit to
				  operate is required, as provided in Regulation .13 of this chapter;
(b) Subject to federal new source performance
				  standards at 40 CFR 60, national emission standards for hazardous air
				  pollutants at 40 CFR 61, or prevention of significant deterioration
				  requirements at 40 CFR §
													52.21;
(c) That, after control, will discharge 25
				  tons per year or more of a pollutant regulated under Environment Article, Title
				  2, Annotated Code of Maryland, in the areas of Baltimore City designated by the
				  United States Post Office as zip code numbers 21225, 21226, and 21230;
				  or
(d) Of lead that will discharge
				  5 tons per year or more of lead or lead compounds measured as elemental
				  lead.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.12 - Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-by-Case MACT Determinations in Accordance with 40 CFR Part 63, Subpart B

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicability. The owner or operator of a source shall comply with the
				  procedures in this regulation when applying for the following:
(1) Approval for a source that is a
				  Prevention of Significant Deterioration (PSD) source or a New Source Review
				  (NSR) source;
(2) Unless it is
				  subject to Regulation .11 of this chapter:
(a) A permit to construct a source that,
				  after the source is in compliance with all other applicable requirements of the
				  State air pollution control law, has the potential to discharge to the
				  atmosphere 100 tons per year (91,000 kilograms) or more of any pollutant except
				  for greenhouse gases;
(b) A permit
				  to construct a source that, after the source is in compliance with all other
				  applicable requirements of the State air pollution control law, is a GHG source
				  to which 40 CFR
				  52.21(b)(49)(iv) or (v)
				  applies;
(3) A permit to
				  construct a lead source that will discharge 5 tons per year or more of lead or
				  lead compounds measured as elemental lead; or
(4) A case-by-case MACT determination for a
				  source, in accordance with 40 CFR Part 63, Subpart B.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.14 - Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability.
				  The owner or operator of a source shall comply with the procedures in this
				  regulation for any source or activity:
(1)
				  That is not listed in Regulation .11A or .12 of this chapter;
(2) That constitutes air pollution control
				  equipment for which a permit to construct is required, as provided in
				  Regulations .09 and .10 of this chapter, and that will control an existing
				  source.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.15 - Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
Additional provisions for Part 70 permits appear in COMAR
					 26.11.03.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.17 - Fee Schedule: Permit to Construct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who submits an application for a
				  permit to construct shall pay one of the following:
(1) A fee of $100 for charbroilers and pit
				  barbecues;
(2) A fee of $200 for tank farms at motor vehicle or
				  off-road vehicle refueling facilities;
(3) A fee of $400 for fuel-burning equipment
				  with a rated heat input capacity of less than 10 million Btu per hour;
				  or
(4) A base fee of $500 for all other sources, plus any
				  applicable additional fees listed in §B of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.18 - Fee Schedule for New or Modified Electric Generating Stations

Current through Register Vol. 51, No. 14, July 12, 2024
New or modified electric generating stations shall pay a
					 fee of $20,000.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.02 - Permits, Approvals, and Registration › Section 26.11.02.19 - Fee Schedule: Title V Permit or a State Permit to Operate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Annual Fees.
(1) The owner or operator of a source that is
				  required to obtain, and have in current effect, a permit issued under Title V
				  of the federal Clean Air Act Amendments of 1990,
				  42 U.S.C. §§
												7661-
				  7661f, including a Part 70 permit,
				  shall pay an annual fee consisting of a base fee of $5,000 plus an
				  emission-based fee for each ton of regulated emissions from all installations
				  at the plant or facility.
(2) The
				  owner or operator of a Synthetic minor source that is required to obtain, and
				  have in current effect, a State permit to operate, shall pay an annual fee
				  consisting of a base fee of $1,000, plus an emission-based fee for each ton of
				  regulated emissions from all installations at the plant or facility.
(3) The owner or operator of all other
				  sources required to obtain, and have in current effect, a State permit to
				  operate, shall pay an annual fee consisting of a base fee of $500, plus an
				  emission-based fee for each ton of regulated emissions from all installations
				  at the plant or facility.
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 26.11.03.01 - Applicability and General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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 required to
				  obtain a Part 70 permit solely because it is subject to regulations or
				  requirements under § 112(r) of the Clean Air Act;
(4) An affected source; and
(5) A source in a source category designated
				  by the EPA pursuant to 40
				  CFR §
												70.3.
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 26.11.03.03 - Information Required as Part of Application for a Part 70 Permit

Current through Register Vol. 51, No. 14, July 12, 2024
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, the information shall be full and complete for each emission unit at
				  the Part 70 source and include:
(1)
				  Information that fully identifies the source, including:
(a) Company and source name and
				  address,
(b) All owner and operator
				  names and addresses,
(c) Plant
				  telephone number and emergency 24-hour telephone number of the facility at
				  which the source is located, and
(d) Names of all of the facility managers and
				  other contacts;
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 26.11.03.04 - Emissions Units and Activities Exempt from the Part 70 Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  emission units and activities need not be included in the permit application,
				  except to the extent required by COMAR
				  26.11.03.02 a G:
(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 maintenance upkeep and repair or
				  maintenance shop activities;
(3)
				  Lubricating oil storage tanks;
(4)
				  Unheated storage tanks containing VOC with an initial boiling point of 300F
				  (149°C) or greater;
(5) Storage
				  tanks containing Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine
				  fuel;
(6) First aid and emergency
				  medical care provided at the facility, including related activities such as
				  sterilization and medicine preparation used in support of a manufacturing or
				  production process;
(7) Certain
				  recreational equipment and activities, such as fireplaces, barbecue pits and
				  cookers, fireworks displays, and kerosene fuel use;
(8) Potable water treatment equipment, not
				  including air stripping equipment;
(9) Noncontact water (i.e., water that has
				  not been in direct contact with process fluids) cooling towers except as
				  regulated under § 112 of the Clean Air Act;
(10) Firing and testing of military weapons
				  and explosives;
(11) Emission
				  resulting from the use of explosives for blasting at quarrying operations and
				  from the required disposal of boxes used to ship the explosive;
(12) All sources listed in COMAR
				  26.11.02.10 a except §§A, B, F, J,
				  N, O(1), O(5), O(11), T, and V;
(13) Laboratory fume hoods and vents;
				  and
(14) After identification of
				  the emissions unit and agreement by the Department, any other emissions unit
				  that is not subject to an applicable requirement of the Clean Air
				  Act.
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 26.11.03.05 - Content of Part 70 Permits - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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 that cause the source to be subject
				  to this regulation.
C. Fugitive
				  Emissions. Fugitive emissions from a Part 70 source shall be included in the
				  permit application and the Part 70 permit in the same manner as stack or other
				  confined emissions, regardless of whether the source is within a category
				  included in the list of sources contained in the definition of major
				  source.
D. Duration of Part 70
				  Permits.
(1) The duration of a Part 70 permit
				  for an electric generating station that is an affected source shall be for a
				  fixed term of 5 years.
(2) For a
				  municipal waste combustor, as defined in COMAR
				  26.11.08.01 a B(7), subject to
				  standards under § 129(e) of the Clean Air Act, the Department shall issue a
				  Part 70 permit for a term not to exceed 12 years with a review of the permit
				  every 5 years.
(3) The duration of
				  all other Part 70 permits shall be for a term not to exceed 5 years.
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 26.11.03.07 - Public Participation Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
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 requirements of this
				  regulation. This notification shall apply only to those portions of the permit
				  for which cause to reopen exists.
(3) A person who applies to be covered by a
				  general Part 70 permit, as provided by Regulation .21 of this chapter, is not
				  subject to the requirements of this regulation if the general Part 70 permit
				  has already completed all the public, affected State, and EPA notification,
				  comment, and review procedures required by this regulation.
(4) Except as expressly provided otherwise,
				  this regulation does not apply to the State-only enforceable conditions of a
				  Part 70 permit.
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 26.11.03.08 - Review by Affected States of Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
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 provided in Regulation .15 of this chapter, administrative permit
				  amendments are not subject to this regulation. Notice of a reopened permit
				  shall also be provided to affected states for review not later than the date
				  that the public notification is required by Regulation .07 of this
				  chapter.
B. An affected state shall
				  have 30 days from the date of notification provided in §A of this regulation to
				  provide comments to the Department.
C. The Department shall notify in writing the
				  EPA and any affected state that submitted comments within the 30-day comment
				  period of a decision by the Department not to incorporate any recommendation
				  from that affected state into the proposed permit. This notice shall be sent
				  with the proposed permit to the EPA, or as soon as possible after the submittal
				  of minor permit modifications, as provided at Regulation .16 of this chapter,
				  and shall include the Department's reasons for not accepting the
				  recommendations. The Department shall refuse to accept a recommendation that is
				  not based on the requirements of 40 CFR Part 70 or other applicable requirement
				  of the Clean Air Act.
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 26.11.03.09 - Review by EPA of Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
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 administrative permit
				  amendments for which notice to the EPA is not required, the Department may not
				  issue or revise the federally enforceable provisions of a Part 70 permit if the
				  EPA:
(1) Objects to its issuance or revision
				  in writing within 45 days of EPA's receipt of the proposed permit or revision
				  and any necessary supporting information; and
(2) Specifies the basis for its objection and
				  a description of the terms and conditions that must be included in the permit
				  to respond to the objection.
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 26.11.03.10 - Public Petitions for Review to EPA Regarding Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
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
				  comment period provided in Regulation .07D of this chapter, unless:
(1) The petitioner demonstrates that it was
				  impracticable to raise the objections within the public comment period;
				  or
(2) The grounds for the
				  objection arose after the public comment period.
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 26.11.03.12 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
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
				  specified in Regulation .13A(3) of this chapter;
(3) A decision to issue a Part 70 permit
				  followed by a petition to the EPA, pursuant to Regulation .10 of this chapter,
				  which has been denied by the EPA;
(4) A decision to issue a Part 70 permit
				  before a petition to the EPA, pursuant to Regulation .10 of this chapter, which
				  has been denied by the EPA;
(5) The
				  adoption of a regulation establishing a general permit, as provided in
				  Regulation .21 of this chapter.
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 26.11.03.13 - Issuance and Renewal of Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
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 covered by a
				  general permit under Regulation .21 of this chapter unless required by the
				  general permit;
(b) If applicable,
				  the public participation requirements under Regulation .07 of this
				  chapter;
(c) If applicable, the
				  procedures for notifying and responding to affected states under Regulation .08
				  of this chapter;
(d) The federally
				  enforceable conditions of the permit provide for compliance with all applicable
				  requirements of the Clean Air Act or the permit includes a schedule to achieve
				  compliance that is acceptable to the Department;
(e) The EPA has received a copy of the
				  proposed permit and any other information required by Regulation .09A of this
				  chapter, and has either not objected to issuance of the permit under Regulation
				  .09B of this chapter within a 45-day period or has objected within the time
				  period but the objection has been resolved; and
(f) The applicant has paid all fees owed to
				  the Department that are related to the State air pollution control
				  law.
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 26.11.03.14 - Revision of Part 70 Permits - General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
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 revision to the permit. This information
				  shall be sufficient to evaluate the proposed change and to determine whether it
				  will comply with all applicable requirements of the Clean Air Act.
C. A permittee may not change any provision
				  of a compliance plan or schedule in a Part 70 permit as an administrative
				  permit amendment or a minor permit modification unless the change has been
				  approved by the Department in writing.
D. On-permit and off-permit changes made to a
				  Part 70 source, in accordance with Regulations .19 and .20 of this chapter, do
				  not result in a revision to a Part 70 permit because the terms and conditions
				  of the permit are not revised to reflect the change to the source.
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 26.11.03.15 - Administrative Permit Amendments

Current through Register Vol. 51, No. 14, July 12, 2024
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 26.11.02.02 a F, that the proposed
				  amendment meets the criteria for an administrative permit amendment;
				  and
(3) Identify those provisions
				  of the Part 70 permit for which the amendment is requested and the basis for
				  the request.
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 26.11.03.16 - Minor Permit Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
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, or compliance certification requirements except by:
(a) Adding new requirements,
(b) Eliminating the requirements if they are
				  rendered meaningless because the only emissions to which the requirements apply
				  will no longer occur, or
(c)
				  Changing from one approved test method for a pollutant and source category to
				  another;
(3) Does not
				  require or modify a:
(a) Case-by-case
				  determination of a federally enforceable emission standard,
(b) Source-specific determination for
				  temporary sources of ambient impacts, or
(c) Visibility or increment
				  analysis;
(4) Does not
				  seek to establish or modify a federally enforceable permit term or condition
				  for which there is no corresponding underlying applicable requirement of the
				  Clean Air Act, but that the permittee has assumed to avoid an applicable
				  requirement to which the source would otherwise be subject;
(5) Is not a Title I modification;
				  and
(6) Is not required under
				  Regulation .17 of this chapter to be processed as a significant modification to
				  a Part 70 permit.
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 26.11.03.17 - Significant Permit Modifications

Current through Register Vol. 51, No. 14, July 12, 2024
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 or relaxation in a monitoring requirement and a relaxation
				  of a reporting or record-keeping requirement in a Part 70 permit is a
				  significant modification.
C. This
				  regulation does not preclude a permittee from making changes, consistent with
				  the provisions of this chapter, that would make a permit or particular terms
				  and conditions of a permit irrelevant, such as by shutting down or reducing the
				  level of operation of a source or of an emission unit within the source. Air
				  pollution control equipment may not be shut down or its level of operation
				  reduced if doing so would violate any term of a permit or approval.
D. Significant permit modifications are
				  subject to all requirements of this chapter as they apply to permit issuance
				  and renewal, including the requirements for applications, public participation,
				  and review by affected states and EPA, except:
(1) An application need include only
				  information pertaining to the proposed change to the source and modification of
				  the permit, including a description of the change and modification, the
				  emissions resulting from the change and modification, and any new applicable
				  requirements of the Clean Air Act that will apply if the change
				  occurs;
(2) Public participation,
				  and review by affected states and EPA, is limited to only the application and
				  those federally enforceable terms and conditions of the Part 70 permit that are
				  affected by the significant permit modification.
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 26.11.03.18 - On-Permit Changes to Sources

Current through Register Vol. 51, No. 14, July 12, 2024
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;
(3) The permittee has
				  obtained all permits and approvals required by this chapter and COMAR
				  26.11.02;
(4) The change does not
				  violate an applicable requirement of the Clean Air Act;
(5) The change does not violate a federally
				  enforceable permit term or condition related to monitoring, including test
				  methods, record keeping, reporting, or compliance certification
				  requirements;
(6) The change does
				  not violate a federally enforceable permit term or condition limiting hours of
				  operation, work practices, fuel usage, raw material usage, or production levels
				  if the term or condition has been established to limit emissions allowable
				  under the permit;
(7) The change
				  does not modify a federally enforceable provision of a compliance plan or
				  schedule in a Part 70 permit unless the Department has approved the change in
				  writing; and
(8) The permit does
				  not expressly prohibit the change under this regulation.
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 26.11.03.19 - Off-Permit Changes to Sources

Current through Register Vol. 51, No. 14, July 12, 2024
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
(4) The change does not violate
				  an applicable requirement of the Clean Air Act or a federally enforceable term
				  or condition of the permit.