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 26.11.03.06 - Content of Part 70 Permits - Specific Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. At a minimum, the Department shall include
				  in each Part 70 permit the following terms and conditions that are based upon
				  applicable requirements of the Clean Air Act:
(1) Emission limitations and standards,
				  including those operational limitations and other requirements that assure
				  compliance with all applicable requirements of the Clean Air Act at the time of
				  permit issuance, as described in §B of this regulation;
(2) The duration of the permit;
(3) Provisions related to monitoring, record
				  keeping, and reporting as described in §C of this regulation;
(4) A provision prohibiting emissions that
				  exceed any allowances that the source lawfully holds under Title IV of the
				  Clean Air Act or the regulations promulgated under it, as described in §D of
				  this regulation;
(5) A severability
				  clause to ensure the continued validity of the remainder of the requirements of
				  a permit if any portion of the permit is challenged;
(6) Miscellaneous provisions described in §E
				  of this regulation;
(7) A provision
				  to ensure that the annual permit fee is paid to the Department, as prescribed
				  in COMAR 26.11.02.16 a;
(8) A provision stating that a permit
				  revision is not required for a change that is provided for in the permit
				  relating to approved economic incentives, marketable permits, emissions
				  trading, and other similar programs;
(9) Reasonably anticipated operating
				  scenarios identified in the application and approved by the Department, which:
(a) Require the permittee, contemporaneously
				  with making a change from one approved scenario to another, to record in a log
				  maintained at the permitted source each scenario under which the source is
				  operating and the date and time that the scenario started and ended,
(b) May extend the permit shield in
				  Regulation .23 of this chapter to the terms under each approved scenario,
				  and
(c) Ensure that the terms and
				  conditions of each approved scenario meet all applicable requirements of the
				  Clean Air Act;
(10) As
				  provided in 40 CFR §
												70.4(b)(12) and as described
				  in §F of this regulation, provisions, if requested by the applicant, for the
				  trading of emissions increases and decreases among the emissions units at the
				  permitted source, to the extent that the applicable requirements of the Clean
				  Air Act provide for this trading without a case-by-case approval of each trade,
				  and if the application includes proposed replicable procedures and permit terms
				  and conditions to ensure that the trades are quantifiable and
				  enforceable;
(11) A provision that
				  all terms and conditions in a Part 70 permit, including provisions designed to
				  limit a source's potential to emit, are enforceable by the EPA and citizens
				  under the Clean Air Act, except for any terms and conditions that are
				  identified as State-only enforceable;
(12) Compliance requirements as described in
				  §G of this regulation;
(13)
				  Provisions establishing the permit shield, if a permit shield is allowed
				  pursuant to Regulation .23 of this chapter;
(14) Other provisions that the Department may
				  reasonably require.