Md. Code Regs. 26.11.02.02 - General Provisions
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.
B. Permits to Construct and Approvals.
(1) A permit to construct and an approval
from the Department is required before construction or modification of a
source, except as specified in Regulation .10 of this chapter.
(2) When an approval is required for a
source, the approval is in addition to any other permit that is required for
that source. At the option of the applicant, an approval of a source may be
sought before or simultaneously with a permit to construct or a Part 70 permit
that is required for the same source.
C. State Permits to Operate. A State permit
to operate from the Department is required for a source listed in Regulation
.13 of this chapter.
D. Part 70
Permits. A Part 70 permit from the Department is required for a source listed
in COMAR 26.11.03.01 a. For a source for
which a State permit to operate is required, as provided in Regulation .13 of
this chapter, a Part 70 permit that applies to that source also constitutes a
State permit to operate for that source.
E. Transfers. A permit to construct, State
permit to operate, or approval may not be transferred either from one source to
another or from one person to another, except as approved by the Department.
Transfers of Part 70 permits may be made as provided in COMAR
26.11.03.15 a.
F. Certification. An application form,
report, or compliance certification submitted pursuant to this chapter or COMAR
26.11.03, including supplementary information, shall be certified by a
responsible official as to truth, accuracy, and completeness. The owner or
operator of a source shall expeditiously notify the Department of an
appointment of a new responsible official. The certification shall be in the
following form: "I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
G. Confidential Information. All information
submitted in an application shall be considered to be part of the public record
and available for inspection and copying under State Government Article, §
10-611 et seq.,
Annotated Code of Maryland, unless the applicant claims that the information is
confidential when it is submitted to the Department and the Department, at the
time of a request for inspection or copying, determines that the information is
confidential, in accordance with the provisions of State Government Article,
§
10-611 et seq.,
Annotated Code of Maryland. An applicant who requests the Department to keep
information confidential shall identify the information in a manner specified
by the Department and, when requested by the Department, promptly provide
specific reasons supporting the claim of confidentiality. Information provided
to the Department without a request that the information be deemed confidential
may be made available to the public. Subject to approval of the Department, the
applicant may provide a summary of confidential information that is suitable
for public review. The contents of a Part 70 permit are not subject to
confidential treatment.
H. Terms
and Conditions. The Department may include terms and conditions in any permit
or approval issued under this chapter or COMAR 26.11.03 to ensure continuous
compliance with this subtitle.
I. A
permit cannot be obtained because of failure of the Department to act on an
application within an applicable time limit prescribed by this chapter, COMAR
26.11.03, or 40 CFR §
71.7. Failure of the Department to make a
decision within a time limit for issuing or denying a permit, permit renewal,
or permit modification constitutes final agency action solely for the purpose
of seeking judicial review to compel the Department to make a
decision.
J. To the extent required
by the Clean Air Act or authorized by the EPA, the Department may administer
and enforce a permit issued by the EPA, including treating that permit as if it
were a permit issued by the Department.
K. To the extent required by the Clean Air
Act or authorized by the EPA, the Department may include an applicable
requirement of the Clean Air Act in a permit that it issues regardless of
whether the applicable requirement has been adopted as a regulation by the
Department.
L. Portable Emissions
Units.
(1) The owner or operator of a
portable emissions unit shall obtain a separate permit to construct for each
site at which the unit is located, in accordance with the procedures in
Regulation .11 or .14 of this chapter, as appropriate. An application for each
site may be submitted at different times or applications may be submitted
simultaneously, at the option of the applicant. A permit to construct that is
issued for a site expires if the portable emissions unit has not been located
at the site for 3 years, as provided in Regulation .04E of this
chapter.
(2) Simultaneously with
submitting an application for a permit to construct a portable emissions unit
at the first site on which the unit is to be located, the applicant may submit
an application for a State permit to operate the unit at that site. If the
Department issues the permit to construct the portable emissions unit, the
Department may simultaneously issue a temporary start-up permit to operate the
unit at the same site. The temporary start-up permit may be issued or extended
by the Department so that it is effective for up to 1 year from each date that
operation commences of the portable emissions unit, as provided at Regulation
.04D of this chapter. When it has been demonstrated to the satisfaction of the
Department that the unit is capable of complying continuously with all
applicable requirements, the Department shall issue an operating permit for the
unit.
(3) At any time a temporary
start-up permit or a State permit to operate has been issued for a portable
emissions unit at the first site on which the unit is located, the owner or
operator may apply for and the Department may issue a State permit to operate
the unit at any other site for which a permit to construct has been issued for
the unit.
Notes
Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2130)
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No prior version found.