Md. Code Regs. 26.11.03.18 - On-Permit Changes to Sources

A. A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if:

(1) The change is not a Title I modification;

(2) The change does not result in emissions in excess of those expressly allowed under the federally enforceable provisions of the Part 70 permit for the permitted source or for an emissions unit within the source, whether expressed as a rate of emissions or in terms of total emissions;

(3) The permittee has obtained all permits and approvals required by this chapter and COMAR 26.11.02;

(4) The change does not violate an applicable requirement of the Clean Air Act;

(5) The change does not violate a federally enforceable permit term or condition related to monitoring, including test methods, record keeping, reporting, or compliance certification requirements;

(6) The change does not violate a federally enforceable permit term or condition limiting hours of operation, work practices, fuel usage, raw material usage, or production levels if the term or condition has been established to limit emissions allowable under the permit;

(7) The change does not modify a federally enforceable provision of a compliance plan or schedule in a Part 70 permit unless the Department has approved the change in writing; and

(8) The permit does not expressly prohibit the change under this regulation.

B. The permittee shall notify the Department and the EPA in writing of a proposed change under this regulation not later than 7 days before the change is made.

C. The written notification required by §B of this regulation shall include:

(1) The following information:

(a) A description of the proposed change,

(b) The date on which the change is proposed to be made,

(c) Any change in emissions resulting from the change, including the pollutants emitted,

(d) Any new applicable requirement of the Clean Air Act, and

(e) Any permit term or condition that would no longer apply; and

(2) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02 a F, that the proposed change meets the criteria for the use of on-permit changes under this regulation and a request that these procedures be used.

D. The permittee, the Department, and EPA shall attach each notice required by §B of this regulation to their copy of the Part 70 permit.

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions.

F. Upon satisfying the requirements of this regulation, the permittee may make the proposed change.

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation.

H. The permittee is subject to enforcement action if it is determined that a change made under this regulation is not within the scope of this regulation or violates any requirement of the State air pollution control law.

Notes

Md. Code Regs. 26.11.03.18

Regulation .18A amended effective December 10, 2001 (28:24 Md.2130)