Md. Code Regs. 26.11.02.04 - Duration of Permits
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Department or superseded by another permit, it remains in effect as provided in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.
C. State
Permits to Operate.
(1) Except as provided by
State Government Article, ยง
10-226(b),
Annotated Code of Maryland, a State permit to operate expires 5 years from the
date of issuance by the Department, unless an earlier expiration date is
specified in the permit.
(2) A
State permit to operate for a source may be superseded by the issuance of a
Part 70 permit covering that source.
D. Temporary Start-Up State Permit to
Operate. Notwithstanding B and C of this regulation, the Department may issue a
temporary start-up State permit to operate for a source or emission unit within
the source for a period not to exceed 90 days. In the case of a newly
constructed or modified source, the Department may issue a temporary start-up
State permit to operate for a period not to exceed 1 year.
E. Portable Emission Units. A permit to
construct a portable emission unit at a specific site expires if the Department
determines that the portable emission unit has not been located at the site for
3 years.
F. Duration of Part 70
Permits. The duration of Part 70 permits is located in COMAR
26.11.03.05 a D.
G. Effect of Permit Expiration. Except as
otherwise provided in this chapter or COMAR 26.11.03, the expiration of a
permit to operate for a source terminates the right of the owner and operator
to operate the source.
Notes
Regulation .04B repealed, new Regulation .04B, C, D adopted effective November 28, 1989 (16:21 Md. R. 2264)
Regulation .04B amended effective March 1, 1993 (20:4 Md. R. 373); September 13, 1993 (20:18 Md. R. 1432)
Regulations .04 adopted effective May 8, 1995 (22:9 Md. R. 648)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.