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 26.11.02.16 - Permit Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements for Sources Requiring a Permit to Construct or Permit to Operate.
(1) Fees for Permit to Construct. Upon
				  receiving an application for a permit to construct, the Department shall
				  determine the appropriate permit fee and bill the applicant. The fee shall be
				  as prescribed in Regulation .17 or .18 of this chapter.
(2) Fees for Permits to Operate.
(a) The fees for State permits to operate and
				  permits issued pursuant to Title V of the federal Clean Air Act Amendments of
				  1990, 42 U.S.C. §§
													7661-
				  7661f, including Part 70 permits,
				  are as prescribed in Regulation .19 of this chapter.
(b) Initial Permits. Upon receiving an
				  application for an initial permit to operate, the Department shall determine
				  the appropriate permit fee covering the first and second 12-month periods of
				  the permit and bill the applicant. For subsequent years, the Department shall
				  determine the appropriate annual permit fee in accordance with Regulation .19
				  of this chapter.
(c) Subsequent
				  Periods. For permits to operate that expire more than 12 months after issuance
				  by the Department, the Department shall determine the appropriate permit fee
				  covering each successive 12-month or shorter period of the permit, after the
				  first 12-month period, and bill the applicant or person having the permit in
				  current effect 60 days before the date that the permit fee is due. The permit
				  fee is due on and shall be paid on or before each 12-month anniversary of the
				  date of the permit issuance by the Department.
(3) Time Period Covered by Fees. Except as
				  provided by Regulation .04 of this chapter or if the Department prescribes a
				  shorter period of time, a fee prescribed in Regulation .19 of this chapter
				  covers a period of 12 months from the date the permit is issued or from a
				  subsequent anniversary of the date.
(4) Temporary or Start-Up Permits for New or
				  Modified Sources.
(a) The Department may
				  issue a temporary or start-up permit to operate in accordance with Regulation
				  .04D of this chapter. There is no fee for the issuance of a temporary or
				  start-up permit to operate.
(b)
				  When a temporary or start-up permit expires, the Department may amend an
				  existing permit to operate to include the new or modified sources covered by
				  the temporary or start-up permit or may require the owner or operator to apply
				  for a new permit to operate.
(5) Failure to Pay Fees.
(a) The Department may not issue a permit to
				  construct, an initial permit to operate, or a renewal of a permit to operate
				  until all appropriate fees are paid in full.
(b) Failure to pay the annual permit to
				  operate fee constitutes cause for revocation of the permit by the
				  Department.
(6) Permit
				  fees are not refundable.
(7) When
				  assessing the permit fees under this chapter, the Department shall ensure that
				  the fee for a source does not exceed the maximum fees authorized by Environment
				  Article, §
											2-403, Annotated Code of
				  Maryland.