Md. Code Regs. 26.11.02.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.11.02.02 - General Provisions

A. Registration.

(1) Requirement for Registration. The owner or operator of a source, except as provided in §A(3) of this regulation, shall register that source with the Department in the manner prescribed by the Department. Registration does not imply approval by the Department of the source.

(2) Change in Ownership. A change of ownership terminates the registration of a source. The new owner shall register the source with the Department within 30 days of the change of ownership.

(3) Sources Not Required to be Registered. Existing sources listed in Regulation .10 of this chapter are not required to be registered. This provision does not authorize or permit the creation of or maintenance of air pollution.

B. Permits to Construct and Approvals.

(1) A permit to construct and an approval from the Department is required before construction or modification of a source, except as specified in Regulation .10 of this chapter.

(2) When an approval is required for a source, the approval is in addition to any other permit that is required for that source. At the option of the applicant, an approval of a source may be sought before or simultaneously with a permit to construct or a Part 70 permit that is required for the same source.

C. State Permits to Operate. A State permit to operate from the Department is required for a source listed in Regulation .13 of this chapter.

D. Part 70 Permits. A Part 70 permit from the Department is required for a source listed in COMAR 26.11.03.01 a. For a source for which a State permit to operate is required, as provided in Regulation .13 of this chapter, a Part 70 permit that applies to that source also constitutes a State permit to operate for that source.

E. Transfers. A permit to construct, State permit to operate, or approval may not be transferred either from one source to another or from one person to another, except as approved by the Department. Transfers of Part 70 permits may be made as provided in COMAR 26.11.03.15 a.

F. Certification. An application form, report, or compliance certification submitted pursuant to this chapter or COMAR 26.11.03, including supplementary information, shall be certified by a responsible official as to truth, accuracy, and completeness. The owner or operator of a source shall expeditiously notify the Department of an appointment of a new responsible official. The certification shall be in the following form: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

G. Confidential Information. All information submitted in an application shall be considered to be part of the public record and available for inspection and copying under State Government Article, § 10-611 et seq., Annotated Code of Maryland, unless the applicant claims that the information is confidential when it is submitted to the Department and the Department, at the time of a request for inspection or copying, determines that the information is confidential, in accordance with the provisions of State Government Article, § 10-611 et seq., Annotated Code of Maryland. An applicant who requests the Department to keep information confidential shall identify the information in a manner specified by the Department and, when requested by the Department, promptly provide specific reasons supporting the claim of confidentiality. Information provided to the Department without a request that the information be deemed confidential may be made available to the public. Subject to approval of the Department, the applicant may provide a summary of confidential information that is suitable for public review. The contents of a Part 70 permit are not subject to confidential treatment.

H. Terms and Conditions. The Department may include terms and conditions in any permit or approval issued under this chapter or COMAR 26.11.03 to ensure continuous compliance with this subtitle.

I. A permit cannot be obtained because of failure of the Department to act on an application within an applicable time limit prescribed by this chapter, COMAR 26.11.03, or 40 CFR § 71.7. Failure of the Department to make a decision within a time limit for issuing or denying a permit, permit renewal, or permit modification constitutes final agency action solely for the purpose of seeking judicial review to compel the Department to make a decision.

J. To the extent required by the Clean Air Act or authorized by the EPA, the Department may administer and enforce a permit issued by the EPA, including treating that permit as if it were a permit issued by the Department.

K. To the extent required by the Clean Air Act or authorized by the EPA, the Department may include an applicable requirement of the Clean Air Act in a permit that it issues regardless of whether the applicable requirement has been adopted as a regulation by the Department.

L. Portable Emissions Units.

(1) The owner or operator of a portable emissions unit shall obtain a separate permit to construct for each site at which the unit is located, in accordance with the procedures in Regulation .11 or .14 of this chapter, as appropriate. An application for each site may be submitted at different times or applications may be submitted simultaneously, at the option of the applicant. A permit to construct that is issued for a site expires if the portable emissions unit has not been located at the site for 3 years, as provided in Regulation .04E of this chapter.

(2) Simultaneously with submitting an application for a permit to construct a portable emissions unit at the first site on which the unit is to be located, the applicant may submit an application for a State permit to operate the unit at that site. If the Department issues the permit to construct the portable emissions unit, the Department may simultaneously issue a temporary start-up permit to operate the unit at the same site. The temporary start-up permit may be issued or extended by the Department so that it is effective for up to 1 year from each date that operation commences of the portable emissions unit, as provided at Regulation .04D of this chapter. When it has been demonstrated to the satisfaction of the Department that the unit is capable of complying continuously with all applicable requirements, the Department shall issue an operating permit for the unit.

(3) At any time a temporary start-up permit or a State permit to operate has been issued for a portable emissions unit at the first site on which the unit is located, the owner or operator may apply for and the Department may issue a State permit to operate the unit at any other site for which a permit to construct has been issued for the unit.

Md. Code Regs. 26.11.02.02

Regulations .02 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .02I amended effective December 10, 2001 (28:24 Md. R. 2130)