Md. Code Regs. 26.11.03.01 - Applicability and General Requirements
A. The owner or operator of the following
sources shall apply for and obtain a Part 70 permit unless exempted under §B of
this regulation:
(1) A major
source;
(2) A source, including an
area source, subject to a standard, limitation, or other requirement under §
111 of the Clean Air Act;
(3) A
source, including an area source, subject to a standard or other requirement
under § 112 of the Clean Air Act, except that a source is not required to
obtain a Part 70 permit solely because it is subject to regulations or
requirements under § 112(r) of the Clean Air Act;
(4) An affected source; and
(5) A source in a source category designated
by the EPA pursuant to 40
CFR §
70.3.
B. Exempted Sources. The following sources
are exempt from the requirement for a Part 70 permit:
(1) A source or source category for which a
Part 70 permit would be required solely because it is subject to standards of
performance for new residential wood heaters under 40 CFR Part 60, Subpart
AAA;
(2) A source or source
category for which a Part 70 permit would be required solely because it is
subject to 40 CFR Part 61, Subpart M, concerning National Emission Standards
for Hazardous Air Pollutants for Asbestos under
40 CFR §
61.145; and
(3) A source listed in §A of this regulation
that is not a major source, affected source, or solid waste incineration unit
for which a permit is required by § 129(e) of the Clean Air Act, until the EPA
determines in a final rule that the applicable source is required to obtain a
Part 70 permit.
C.
Requirement for a Part 70 Permit. Except as provided in §D of this regulation,
and Regulations .15, .16, .18, and .19 of this chapter, an owner or operator of
a Part 70 source may not operate the source after the time that it is required
to submit a timely and complete application unless the source is in compliance
with a Part 70 permit issued under this chapter.
D. Application Shield.
(1) If the owner or operator of a Part 70
source submits a timely and complete application for a permit, including an
application for renewal, as provided in Regulations .02 and .03 of this
chapter, the failure to obtain a Part 70 permit is not a violation of this
chapter and the source may continue to be operated in compliance with a permit
issued under this chapter until the Department takes final action. This
application shield ends if the applicant fails to submit by the deadline
specified in writing by the Department any additional information pertaining to
applicable requirements of the Clean Air Act needed to process the application,
as provided by Regulation .02C(3) of this chapter.
(2) Information required under §L of this
regulation does not affect the status of the application shield.
E. The owner or operator of a
source for which a Part 70 permit is not required under §A of this regulation
may elect to apply to the Department for a Part 70 permit.
F. The owner or operator of a source that is
not covered by a Part 70 permit shall obtain a State permit to operate from the
Department, if this permit is required by COMAR
26.11.02.13 a.
G. The owner or operator of a source for
which a Part 70 permit has been issued by the Department is not required to
apply for or obtain a State permit to operate from the Department for those
emission units covered by the Part 70 permit.
H. If the owner or operator of a source
agrees to a federally enforceable permit to construct, State permit to operate,
or other federally enforceable requirement that limits emissions from the
source, a Part 70 permit is not required for the source. This may be
accomplished, as provided in COMAR
26.11.02.03 a, by any means
acceptable to the EPA.
I. Any other
applicable requirement of the Clean Air Act or State air pollution control law
may apply to a source for which a Part 70 permit is not required.
J. The Part 70 permit requirements of this
chapter and of COMAR 26.11.02 are effective on the date the EPA approves
Maryland's Part 70 permit program, including interim or full program approval,
to the extent of that approval. The Department will publish notice in the
Maryland Register that the EPA has approved the program and the date of
approval.
K. Notwithstanding any
other provision of this chapter that requires applying for or obtaining a
permit to construct at a different time than applying for or obtaining an
initial, renewed, or revised Part 70 permit, the owner or operator of a source
for which a Part 70 permit is required may elect, with the approval of the
Department, to apply for both permits simultaneously. In this event, the
Department shall establish procedures to be followed consistent with the
requirements of this chapter and COMAR 26.11.02 so that the public, affected
states, and EPA are afforded any notice, comment, and participation rights
provided by this chapter and COMAR 26.11.02.
L. The owner or operator of a source for
which a Part 70 permit is required shall submit additional information based
upon applicable requirements of the State air pollution control law in addition
to the Part 70 permit application. This information shall be submitted on forms
provided by the Department. This requirement is State-only
enforceable.
M. Acid Rain
Provisions.
(1) The Department incorporates
by reference the provisions of 40 CFR 72, as amended, with the exception that
the "permitting authority" means the Department.
(2) A person who constructs, modifies, or
operates, or causes to be constructed, modified, or operated, an acid rain
source, as defined in COMAR
26.11.02.01 a B(1) shall comply
with 40 CFR 72, as amended.
N. The owner or operator of a source for
which a Part 70 permit is required is subject to the compliance assurance
monitoring (CAM) requirements under 40 CFR Part 64 (2000 edition) which is
incorporated by reference.
Notes
Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843)
Regulation .01B amended effective December 10, 2001 (28:24 Md.2130)
Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138)
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.