Md. Code Regs. 26.11.03.15 - Administrative Permit Amendments
A. A permittee may apply to the Department to
make an administrative permit amendment to a Part 70 permit, as provided in
this regulation. The application shall:
(1)
Be in writing;
(2) Include a
statement certified by a responsible official, in accordance with Regulation
.02F of this chapter and COMAR
26.11.02.02 a F, that the proposed
amendment meets the criteria for an administrative permit amendment;
and
(3) Identify those provisions
of the Part 70 permit for which the amendment is requested and the basis for
the request.
B. An
administrative permit amendment is a Part 70 permit revision that:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address,
or phone number of a person identified in the permit, or a similar
administrative change involving the permittee or other matters not directly
related to the control of air pollution;
(3) Requires more frequent monitoring or
reporting by the permittee;
(4)
Allows for a change in ownership or operational control of a source for which
the Department determines that no other revision to the permit is necessary, if
a written agreement containing a specific date for transfer of permit
responsibility, coverage, and liability between the current and new permittee
has been submitted to the Department;
(5) Incorporates into the Part 70 permit the
requirements from preconstruction review permits or approvals issued by the
Department in accordance with the requirements of this subtitle, but only if
the procedures for preconstruction review satisfy the requirements of
40 CFR §
70.7(d)(1)(v);
(6) Incorporates any other type of change, as
approved by the EPA, which is similar to those in §B(1)-(4) of this
regulation;
(7) Incorporates any
change to a term or condition specified as State-only enforceable, if the
permittee has obtained all necessary permits to construct and approvals that
apply to the change.
C.
The Department may approve an administrative permit amendment to a Part 70
permit, consistent with the requirements of this regulation, except for a
permit modification for the acid rain portion of a Part 70 permit which is
governed by regulations promulgated under Title IV of the Clean Air
Act.
D. The Department shall take
final action to approve or deny an administrative permit amendment within 60
days of receipt of a complete application. An amendment to a Part 70 permit
under this regulation may be made without providing notice to the public or
affected states. The Department shall identify in the permit an amendment made
under this regulation.
E. The
Department shall submit a copy of the revised Part 70 permit to the
EPA.
F. The permittee may make the
change addressed in the application for an administrative amendment upon
receipt by the Department of the application, if all permits to construct or
approvals otherwise required by this chapter with respect to the change have
first been obtained from the Department.
G. The permit shield in Regulation .23 of
this chapter applies to administrative permit amendments made under §B(5)
of this regulation but only after the Department takes final action to revise
the permit.
H. The permittee is
subject to enforcement action if it is determined at any time that a change
made under this regulation is not within the scope of this
regulation.
Notes
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