Md. Code Regs. 26.11.02.12 - Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-by-Case MACT Determinations in Accordance with 40 CFR Part 63, Subpart B
A.
Applicability. The owner or operator of a source shall comply with the
procedures in this regulation when applying for the following:
(1) Approval for a source that is a
Prevention of Significant Deterioration (PSD) source or a New Source Review
(NSR) source;
(2) Unless it is
subject to Regulation .11 of this chapter:
(a) A permit to construct a source that,
after the source is in compliance with all other applicable requirements of the
State air pollution control law, has the potential to discharge to the
atmosphere 100 tons per year (91,000 kilograms) or more of any pollutant except
for greenhouse gases;
(b) A permit
to construct a source that, after the source is in compliance with all other
applicable requirements of the State air pollution control law, is a GHG source
to which 40 CFR
52.21(b)(49)(iv) or (v)
applies;
(3) A permit to
construct a lead source that will discharge 5 tons per year or more of lead or
lead compounds measured as elemental lead; or
(4) A case-by-case MACT determination for a
source, in accordance with 40 CFR Part 63, Subpart B.
B. Procedures. The owner or operator of a
source subject to this regulation shall comply with the procedures in §§C-L of
this regulation.
C. Application.
The owner or operator of a source subject to this regulation shall submit a
complete application on forms provided by the Department. The information that
the Department requires may vary depending on the type of the source and
whether PSD or NSR approval or a permit to construct is sought. The applicant
shall provide sufficient information to enable the Department to determine
whether the source can comply with the requirements of COMAR
26.11.06.14 a for a PSD source, or
COMAR 26.11.17 for an NSR source.
D. Within 10 working days, the Department
shall acknowledge receipt of an application for an approval or permit to
construct.
E. After receipt of a
complete application, the Department shall:
(1) Make a determination to proceed with the
application or deny the approval or permit to construct;
(2) Upon a determination to proceed with the
application, make available for public inspection in at least one location in
the region in which the proposed source is to be constructed, a copy of the
information submitted by the applicant and a copy or summary of other
information considered by the Department.
F. Notice of Opportunity to Submit Written
Comments and to Request a Public Hearing. The applicant shall publish a notice
in at least one newspaper of general circulation in the area concerned. The
applicant shall file a copy of the public notice and a certification of
publication with the Department. The notice shall be made at the applicant's
expense, in a format approved by the Department, and include:
(1) A summary of the nature and location of
the proposed source;
(2) The place
where the information required by §E(2) of this regulation is available for
public inspection;
(3) A statement
that a person has 10 days after the publication date of the notice to submit a
written request for a public, nonadjudicatory hearing on the
application;
(4) A statement that a
person has 30 days after the publication date of the notice to submit written
comments on the application; and
(5) The address to which the request for a
public hearing and written comments shall be sent.
G. Notice of Public Hearing. If the
Department schedules a public hearing on an application, the applicant shall
publish a notice in at least one newspaper of general circulation in the area
concerned. The applicant shall file a copy of the public notice and a
certification of publication with the Department. The notice shall:
(1) Be made at the applicant's expense in a
format approved by the Department;
(2) Include the date, time, location, and
subject of the hearing; and
(3) Be
published at least 30 days before the scheduled hearing.
H. The Department may decide to proceed
directly to a public hearing, in which event the requirements of §§F and G of
this regulation will be combined as appropriate to ensure that the public has
30 days notice of the public hearing and 30 days opportunity to provide written
comments.
I. The Department shall
consider all public comments that raise issues of law or material fact
regarding an application for an approval or permit to construct, but only if
the issues are pertinent to requirements applicable to PSD and NSR approvals or
permits to construct. Comments raising issues that relate to the location or
nature of a proposed source for which approval or permit to construct is sought
may not be considered unless the commenter first demonstrates to the
satisfaction of the Department that the Department is required by law to
consider the comments.
J. Not later
than 60 days after the conclusion of a public comment period or the public
hearing, whichever is later, the Department shall issue or deny the approval or
permit to construct.
K. A source
for which an approval is obtained under this regulation may not be constructed
until a permit to construct is obtained for the source.
L. In place of all or any portion of the
procedures set forth in this regulation, the Department may use all or any
portion of the procedures set forth in
40 CFR §
52.21 to process an application for approval
of a PSD source.
Notes
Regulation .12A amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 487)
Regulation .12A amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 617)
Regulation .12 amended effective 42:24 Md. R. 1506,eff.
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