Md. Code Regs. 26.11.02.12

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

Section 26.11.02.12 - Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Certain Permits to Construct, and Case-by-Case MACT Determinations in Accordance with 40 CFR Part 63, Subpart B

A. Applicability. The owner or operator of a source shall comply with the procedures in this regulation when applying for the following:

(1) Approval for a source that is a Prevention of Significant Deterioration (PSD) source or a New Source Review (NSR) source;

(2) Unless it is subject to Regulation .11 of this chapter:

(a) A permit to construct a source that, after the source is in compliance with all other applicable requirements of the State air pollution control law, has the potential to discharge to the atmosphere 100 tons per year (91,000 kilograms) or more of any pollutant except for greenhouse gases;

(b) A permit to construct a source that, after the source is in compliance with all other applicable requirements of the State air pollution control law, is a GHG source to which 40 CFR 52.21(b)(49)(iv) or (v) applies;

(3) A permit to construct a lead source that will discharge 5 tons per year or more of lead or lead compounds measured as elemental lead; or

(4) A case-by-case MACT determination for a source, in accordance with 40 CFR Part 63, Subpart B.

B. Procedures. The owner or operator of a source subject to this regulation shall comply with the procedures in §§C-L of this regulation.

C. Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the Department. The information that the Department requires may vary depending on the type of the source and whether PSD or NSR approval or a permit to construct is sought. The applicant shall provide sufficient information to enable the Department to determine whether the source can comply with the requirements of COMAR 26.11.06.14 a for a PSD source, or COMAR 26.11.17 for an NSR source.

D. Within 10 working days, the Department shall acknowledge receipt of an application for an approval or permit to construct.

E. After receipt of a complete application, the Department shall:

(1) Make a determination to proceed with the application or deny the approval or permit to construct;

(2) Upon a determination to proceed with the application, make available for public inspection in at least one location in the region in which the proposed source is to be constructed, a copy of the information submitted by the applicant and a copy or summary of other information considered by the Department.

F. Notice of Opportunity to Submit Written Comments and to Request a Public Hearing. The applicant shall publish a notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a certification of publication with the Department. The notice shall be made at the applicant's expense, in a format approved by the Department, and include:

(1) A summary of the nature and location of the proposed source;

(2) The place where the information required by §E(2) of this regulation is available for public inspection;

(3) A statement that a person has 10 days after the publication date of the notice to submit a written request for a public, nonadjudicatory hearing on the application;

(4) A statement that a person has 30 days after the publication date of the notice to submit written comments on the application; and

(5) The address to which the request for a public hearing and written comments shall be sent.

G. Notice of Public Hearing. If the Department schedules a public hearing on an application, the applicant shall publish a notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a certification of publication with the Department. The notice shall:

(1) Be made at the applicant's expense in a format approved by the Department;

(2) Include the date, time, location, and subject of the hearing; and

(3) Be published at least 30 days before the scheduled hearing.

H. The Department may decide to proceed directly to a public hearing, in which event the requirements of §§F and G of this regulation will be combined as appropriate to ensure that the public has 30 days notice of the public hearing and 30 days opportunity to provide written comments.

I. The Department shall consider all public comments that raise issues of law or material fact regarding an application for an approval or permit to construct, but only if the issues are pertinent to requirements applicable to PSD and NSR approvals or permits to construct. Comments raising issues that relate to the location or nature of a proposed source for which approval or permit to construct is sought may not be considered unless the commenter first demonstrates to the satisfaction of the Department that the Department is required by law to consider the comments.

J. Not later than 60 days after the conclusion of a public comment period or the public hearing, whichever is later, the Department shall issue or deny the approval or permit to construct.

K. A source for which an approval is obtained under this regulation may not be constructed until a permit to construct is obtained for the source.

L. In place of all or any portion of the procedures set forth in this regulation, the Department may use all or any portion of the procedures set forth in 40 CFR § 52.21 to process an application for approval of a PSD source.

Md. Code Regs. 26.11.02.12

Regulations .12 repealed and new Regulations .12 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .12A amended effective June 16, 1997 (24:12 Md. R. 866); March 22, 1999 (26:6 Md. R. 487)
Regulation .12A amended as an emergency provision effective January 2, 2011 (38:4 Md. R. 263); amended permanently effective May 16, 2011 (38:10 Md. R. 617)
Regulation .12 amended effective 42:24 Md. R. 1506,eff.12/10/2015