Md. Code Regs. 26.11.02.14 - Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources
A. Applicability.
The owner or operator of a source shall comply with the procedures in this
regulation for any source or activity:
(1)
That is not listed in Regulation .11A or .12 of this chapter;
(2) That constitutes air pollution control
equipment for which a permit to construct is required, as provided in
Regulations .09 and .10 of this chapter, and that will control an existing
source.
B.
Notwithstanding the requirements of §A of this regulation, the procedures of
this regulation do not apply to a source for which a general permit to
construct is required, as provided in Regulation .09D of this
chapter.
C. 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 source and whether the application is for a
permit to construct or State permit to operate. The applicant shall provide
information sufficient to enable the Department to begin to determine whether
the source can be operated in continuous compliance with all applicable
requirements of the Clean Air Act and State air pollution control law. Each
application shall include evidence of compliance with the State Workers'
Compensation law as required by Environment Article, §
1-202, Annotated Code of
Maryland. Unless otherwise required by the Department, the application forms
for a permit to construct shall be complete and include the following
information:
(1) For process or manufacturing
equipment or operations:
(a) Drawings that
depict the layout of the equipment or operations;
(b) Flow sheets that depict how the equipment
or operations relate to each other;
(c) Material balance sheets;
(d) Equipment drawings and literature;
and
(e) Purchase
specifications;
(2) For
air pollution control equipment:
(a) Vendor
proposals or quotations;
(b) Vendor
guarantees;
(c) Equipment drawings
and literature; and
(d) Purchase
specifications;
(3) For
a source that will be located at a new facility:
(a) An area map; and
(b) If requested, additional information
regarding the nature of the area, including distances to residences and other
buildings.
D.
An application for a permit to construct may be submitted at any time. A
complete application for an initial State permit to operate shall be submitted
not later than 60 days before the source is to commence operating. A complete
application for the renewal of a State permit to operate shall be submitted not
later than 60 days before the expiration date in a State permit to operate. If
a timely application for a renewal has been submitted, the current State permit
to operate remains in effect until the Department makes a final decision to
issue or deny the permit.
E.
Permits subject to this regulation are not subject to public notice,
informational meetings, public hearings, or other public participation
procedures which pertain to permits to construct and approvals subject to
Regulations .11 and .12 of this chapter and to Part 70 permits.
F. Not later than 15 days after a permit is
denied or a permit is issued with terms or conditions unacceptable to the
applicant, the applicant may appeal the denial or the unacceptable terms and
conditions. The Department shall refer the appeal to the Office of
Administrative Hearings to conduct a contested case hearing. As provided in
Environment Article, §
1-601(b),
Annotated Code of Maryland, only the permit applicant is entitled to a
contested case hearing on a permit subject to this regulation. A permit to
construct that is appealed is not in effect until the Department makes a final
decision following the contested case hearing. Notwithstanding any other
provision of this chapter, the procedures of this section also apply to the
State-only enforceable conditions of a Part 70 permit.
Notes
Regulation .14A amended effective June 16, 1997 (24:12 Md. R. 866)
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