Md. Code Regs. 26.11.02.06

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

Section 26.11.02.06 - Denial of Applications for State Permits and Approvals

A. Applicability. This regulation applies to all permits and approvals except Part 70 permits and general permits.

B. All Permits to Construct and Approvals. The Department shall deny an application if the applicant does not demonstrate to the satisfaction of the Department that the source:

(1) Shall comply with all applicable emission standards set forth in this subtitle, including but not limited to:

(a) New Source Performance Standards (NSPS) contained in COMAR 26.11.06.12 a,

(b) Requirements for National Emission Standards for Hazardous Air Pollutants sources (NESHAP sources) contained in COMAR 26.11.15.02 a,

(c) Requirements for toxic air pollutants contained in COMAR 26.11.15;

(2) Shall comply with the requirements for the Prevention of Significant Deterioration (PSD) contained in COMAR 26.11.06.14 a;

(3) In the case of an emission unit or other source which is part of a PSD source, shall comply with the conditions of the approval by the Department of the PSD source under this regulation which relate to the emission unit or other source;

(4) Shall comply with the requirements for New Source Review (NSR) sources contained in COMAR 26.11.17;

(5) Does not interfere with the attainment or maintenance of ambient air quality standards contained in COMAR 26.11.04, except as permitted in COMAR 26.11.17;

(6) Shall comply with the State Workers' Compensation laws as required by Environment Article, § 1-202, Annotated Code of Maryland; and

(7) Shall pay all fees and penalties to the Department that are related to the State air pollution control law.

C. State Permits to Operate. The Department may deny the application for a State permit to operate for a source if the Department determines that the applicant has not demonstrated that the applicant and the source shall:

(1) Comply with all applicable emission standards contained in this subtitle, including but not limited to:

(a) New Source Performance Standards (NSPS) contained in COMAR 26.11.06.12 a,

(b) National Emission Standards for Hazardous Air Pollutants (NESHAPS) contained in COMAR 26.11.15.02 a,

(c) Requirements for toxic air pollutants contained in COMAR 26.11.15;

(2) Comply with the terms and conditions of all approvals, permits, orders, and plans for compliance or other consent agreements previously issued or adopted by the Department which are applicable to the source, including approvals and permits which have expired or have been revoked or suspended, but whose terms and conditions are intended to be incorporated into subsequent operating permits;

(3) Comply with the State Workers' Compensation laws, as required by Environment Article, § 1-202, Annotated Code of Maryland; and

(4) Pay all fees and penalties owed to the Department that are related to the State air pollution control law.

D. State Permits and Approvals. The Department may deny an application for a permit to construct, an approval, or a State permit to operate if:

(1) The applicant has not complied with all procedural requirements of this regulation; or

(2) Based on past history of the applicant or source, the Department determines that the source is not expected to comply with all applicable requirements of the State air pollution control law.

Md. Code Regs. 26.11.02.06

Regulation .06C amended effective November 28, 1989 (16:21 Md. R. 2264); September 13, 1993 (20:18 Md. R. 1432)
Regulations .06 effective November 23, 1992 (19:25 Md. R. 2208 and 19:23 Md. R. 2042)
Regulations .06 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .06B amended effective June 16, 1997 (24:12 Md. R. 866)