Md. Code Regs. 26.11.02.06 - Denial of Applications for State Permits and Approvals
A. Applicability. This regulation applies to
all permits and approvals except Part 70 permits and general permits.
B. All Permits to Construct and Approvals.
The Department shall deny an application if the applicant does not demonstrate
to the satisfaction of the Department that the source:
(1) Shall comply with all applicable emission
standards set forth in this subtitle, including but not limited to:
(a) New Source Performance Standards (NSPS)
contained in COMAR
26.11.06.12 a,
(b) Requirements for National Emission
Standards for Hazardous Air Pollutants sources (NESHAP sources) contained in
COMAR 26.11.15.02 a,
(c) Requirements for toxic air pollutants
contained in COMAR 26.11.15;
(2) Shall comply with the requirements for
the Prevention of Significant Deterioration (PSD) contained in COMAR
26.11.06.14 a;
(3) In the case of an emission unit or other
source which is part of a PSD source, shall comply with the conditions of the
approval by the Department of the PSD source under this regulation which relate
to the emission unit or other source;
(4) Shall comply with the requirements for
New Source Review (NSR) sources contained in COMAR 26.11.17;
(5) Does not interfere with the attainment or
maintenance of ambient air quality standards contained in COMAR 26.11.04,
except as permitted in COMAR 26.11.17;
(6) Shall comply with the State Workers'
Compensation laws as required by Environment Article, §
1-202, Annotated Code of
Maryland; and
(7) Shall pay all
fees and penalties to the Department that are related to the State air
pollution control law.
C. State Permits to Operate. The Department
may deny the application for a State permit to operate for a source if the
Department determines that the applicant has not demonstrated that the
applicant and the source shall:
(1) Comply
with all applicable emission standards contained in this subtitle, including
but not limited to:
(a) New Source Performance
Standards (NSPS) contained in COMAR
26.11.06.12 a,
(b) National Emission Standards for Hazardous
Air Pollutants (NESHAPS) contained in COMAR
26.11.15.02 a,
(c) Requirements for toxic air pollutants
contained in COMAR 26.11.15;
(2) Comply with the terms and conditions of
all approvals, permits, orders, and plans for compliance or other consent
agreements previously issued or adopted by the Department which are applicable
to the source, including approvals and permits which have expired or have been
revoked or suspended, but whose terms and conditions are intended to be
incorporated into subsequent operating permits;
(3) Comply with the State Workers'
Compensation laws, as required by Environment Article, §
1-202, Annotated Code of
Maryland; and
(4) Pay all fees and
penalties owed to the Department that are related to the State air pollution
control law.
D. State
Permits and Approvals. The Department may deny an application for a permit to
construct, an approval, or a State permit to operate if:
(1) The applicant has not complied with all
procedural requirements of this regulation; or
(2) Based on past history of the applicant or
source, the Department determines that the source is not expected to comply
with all applicable requirements of the State air pollution control
law.
Notes
Regulations .06 effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042)
Regulations .06 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .06B amended effective June 16, 1997 (24:12 Md. R. 866)
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.