Md. Code Regs. 26.11.02.16

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

Section 26.11.02.16 - Permit Fees

A. General Requirements for Sources Requiring a Permit to Construct or Permit to Operate.

(1) Fees for Permit to Construct. Upon receiving an application for a permit to construct, the Department shall determine the appropriate permit fee and bill the applicant. The fee shall be as prescribed in Regulation .17 or .18 of this chapter.

(2) Fees for Permits to Operate.

(a) The fees for State permits to operate and permits issued pursuant to Title V of the federal Clean Air Act Amendments of 1990, 42 U.S.C. §§ 7661- 7661f, including Part 70 permits, are as prescribed in Regulation .19 of this chapter.

(b) Initial Permits. Upon receiving an application for an initial permit to operate, the Department shall determine the appropriate permit fee covering the first and second 12-month periods of the permit and bill the applicant. For subsequent years, the Department shall determine the appropriate annual permit fee in accordance with Regulation .19 of this chapter.

(c) Subsequent Periods. For permits to operate that expire more than 12 months after issuance by the Department, the Department shall determine the appropriate permit fee covering each successive 12-month or shorter period of the permit, after the first 12-month period, and bill the applicant or person having the permit in current effect 60 days before the date that the permit fee is due. The permit fee is due on and shall be paid on or before each 12-month anniversary of the date of the permit issuance by the Department.

(3) Time Period Covered by Fees. Except as provided by Regulation .04 of this chapter or if the Department prescribes a shorter period of time, a fee prescribed in Regulation .19 of this chapter covers a period of 12 months from the date the permit is issued or from a subsequent anniversary of the date.

(4) Temporary or Start-Up Permits for New or Modified Sources.

(a) The Department may issue a temporary or start-up permit to operate in accordance with Regulation .04D of this chapter. There is no fee for the issuance of a temporary or start-up permit to operate.

(b) When a temporary or start-up permit expires, the Department may amend an existing permit to operate to include the new or modified sources covered by the temporary or start-up permit or may require the owner or operator to apply for a new permit to operate.

(5) Failure to Pay Fees.

(a) The Department may not issue a permit to construct, an initial permit to operate, or a renewal of a permit to operate until all appropriate fees are paid in full.

(b) Failure to pay the annual permit to operate fee constitutes cause for revocation of the permit by the Department.

(6) Permit fees are not refundable.

(7) When assessing the permit fees under this chapter, the Department shall ensure that the fee for a source does not exceed the maximum fees authorized by Environment Article, § 2-403, Annotated Code of Maryland.

B. New or Modified Electric Generating Stations Constructed by Electric Companies. An electric company applying for a Certificate of Public Convenience and Necessity for a new or modified electric generating station under Article 78, § 54A or 54B, Annotated Code of Maryland, or for a modification to an electric generating station under Article 78, § 54I, Annotated Code of Maryland, shall pay a fee to the Department when it submits the application to the Public Service Commission. The fee shall be as prescribed in Regulation .18 of this chapter.

C. Permits and Fees for Portable Equipment.

(1) A person who owns or operates portable equipment shall obtain a permit to construct and pay a fee for each location at which the portable equipment is to be constructed and operated.

(2) The permit to construct fee for portable equipment for any other location is 50 percent of the fee prescribed in Regulation .17 of this chapter.

D. Permit fees shall be paid by check made payable to the Department of the Environment Clean Air Fund.

Md. Code Regs. 26.11.02.16

Regulations .16 adopted effective May 8, 1995 (22:9 Md. R. 648)
Regulation .16A amended effective June 16, 1997 (24:12 Md. R. 866); December 10, 2001 (28:24 Md. R. 2130)