Md. Code Regs. 26.11.17.03 - General Conditions
A. A
person who proposes to construct or modify an emissions unit subject to this
chapter may not commence construction of the emissions unit without first
obtaining all permits and approvals required under this subtitle.
B. The Department shall deny a permit or
approval to a person who proposes to construct a new major stationary source or
major modification to a major stationary source unless the following conditions
are met:
(1) The applicant certifies that all
existing major stationary sources owned or operated by the applicant, or any
entity controlling, controlled by, or under common control with the applicant,
in the State are in compliance with all applicable emission limitations or are
in compliance with an approved federally enforceable plan for
compliance;
(2) The proposed new
major stationary source or major modification will meet an emission limitation
which specifies the lowest achievable emissions rate;
(3) More than equivalent emission offsets
from existing sources in the area impacted by the proposed new major stationary
source or major modification (whether or not under the same ownership) are
required so that there will be reasonable further progress toward attainment of
the applicable standard; for sources locating in the Ozone Transport Region,
the offset ratios for VOC and NOx shall equal or exceed
the following:
(a) 1.3 to 1 for sources of
VOC or NOx in Baltimore City, or Anne Arundel,
Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard,
Montgomery, or Prince George's counties; and
(b) 1.15 to 1 for sources of VOC or
NOx in Allegany, Caroline, Dorchester, Garrett, Kent,
Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, or Worcester
counties;
(4) The
emission offsets will provide a positive net air quality benefit in the
affected area, although for sources of VOC or NOx,
atmospheric simulation modeling is not necessary for VOC and
NOx and fulfillment of §B(3) of this regulation is
considered adequate to meet this condition;
(5) The emission offsets for the major source
or major modification shall be federally enforceable before construction is
commenced;
(6) An analysis of
alternative sites, sizes, production processes, and environmental control
techniques for a proposed source demonstrates that benefits of the proposed
source significantly outweigh the environmental and social costs imposed as a
result of its location, construction, or modification; and
(7) The total tonnage of increased emissions,
in tons per year, resulting from a major modification that is to be offset is
the sum of the difference between the allowable emissions after the
modification and the actual emissions before the modification for each
emissions unit.
C. For
phased construction projects, the determination of the lowest achievable
emission rate shall be reviewed and modified, as appropriate, at the latest
reasonable time which occurs not later than 18 months before commencement of
construction of each independent phase of the project. At that time, the owner
or operator of the applicable stationary source may be required to demonstrate
the adequacy of any previous determination of the lowest achievable emission
rate for the source.
D. Approval to
construct does not relieve an owner or operator of the responsibility to comply
fully with any other requirement under local, State, or federal law.
E. If an existing emissions unit at a major
stationary source is modified and causes an increase in emissions that may be
significant and the modification is not part of a major modification at the
source:
(1) A permit is required in accordance
with COMAR 26.11.02 and the Department will establish permit conditions that
prevent the emissions from becoming significant; and
(2) The source is also subject to the annual
reporting requirements in COMAR
26.11.01.05 a -1 that require a
report of emissions for each emissions unit for each year.
F. If the emissions from the modified
emissions unit become significant, the provisions in this chapter apply
retroactive to the date the modification occurred.
Notes
Regulation .03B amended effective November 24, 2003 (30:23 Md. R. 1653)
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.