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 26.11.03.21 - General Part 70 Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may, after its review, review by the EPA and affected states, and
				  after notice and opportunity for public comment and hearing as required by the
				  rulemaking provisions of the Administrative Procedure Act, State Government
				  Article, §
										10-101 et seq.,
				  Annotated Code of Maryland, and Environment Article, §
										2-301, Annotated Code of
				  Maryland, issue a general Part 70 permit covering numerous similar sources or
				  emissions units. Any general permit shall comply with all requirements
				  applicable to other Part 70 permits and shall identify criteria by which
				  sources may qualify for the general permit.
B. The Department shall maintain records of
				  the public comments and issues raised during the public participation
				  process.
C. Notwithstanding the
				  shield provisions of Regulation .23 of this chapter, a person responsible for a
				  source that the person contends is subject to a general permit is subject to an
				  enforcement action for operating without a Part 70 permit if it is determined
				  that the source does not qualify for the general permit.
D. General permits may not be authorized for
				  affected sources under the acid rain program unless otherwise provided in
				  regulations promulgated under Title IV of the Clean Air Act.
E. The owner or operator of a Part 70 source
				  that qualifies for a general permit may apply to the Department for coverage
				  under the terms of a general permit.
F. The Department may in a general permit
				  provide for applications and procedures to identify those sources that are
				  subject to that permit that differ from the application requirements of
				  Regulations .02 and .03 of this chapter if these applications and procedures
				  meet the requirements of Title V of the Clean Air Act and include all
				  information necessary to determine qualification for and to assure compliance
				  with the general permit.
G. The
				  Department may grant an application for a determination that a general permit
				  applies to a particular source without repeating the notice, comment, and
				  review procedures of Regulations .07-.12 of this chapter. However, such a grant
				  may not be a final permit action for the purpose of judicial review.
H. A response to each general permit
				  application may not be provided. The general permit may specify a reasonable
				  period of time after which an application is deemed approved and the applicant
				  may operate under the general permit.
I. The applicant for a general Part 70 permit
				  may be issued an individual permit or a letter or other document indicating
				  that the application has been approved or denied.
J. If the Department provides an individual
				  response, as provided in §H of this regulation, the permittee shall retain that
				  response and make it available on request to authorized officials of the
				  Department.
K. An applicant for and
				  a permittee subject to a general permit is subject to the requirements of COMAR
				  26.11.02.16 a and shall pay the
				  annual fee in accordance with COMAR
				  26.11.02.17 a -.19.
L. Notwithstanding any other provision of
				  this chapter, the provisions of Regulations .14-.19 of this chapter, regarding
				  revisions, apply to a general permit.