Md. Code Regs. 26.11.03.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.03.01 - Applicability and General Requirements

A. The owner or operator of the following sources shall apply for and obtain a Part 70 permit unless exempted under §B of this regulation:

(1) A major source;

(2) A source, including an area source, subject to a standard, limitation, or other requirement under § 111 of the Clean Air Act;

(3) A source, including an area source, subject to a standard or other requirement under § 112 of the Clean Air Act, except that a source is not required to obtain a Part 70 permit solely because it is subject to regulations or requirements under § 112(r) of the Clean Air Act;

(4) An affected source; and

(5) A source in a source category designated by the EPA pursuant to 40 CFR § 70.3.

B. Exempted Sources. The following sources are exempt from the requirement for a Part 70 permit:

(1) A source or source category for which a Part 70 permit would be required solely because it is subject to standards of performance for new residential wood heaters under 40 CFR Part 60, Subpart AAA;

(2) A source or source category for which a Part 70 permit would be required solely because it is subject to 40 CFR Part 61, Subpart M, concerning National Emission Standards for Hazardous Air Pollutants for Asbestos under 40 CFR § 61.145; and

(3) A source listed in §A of this regulation that is not a major source, affected source, or solid waste incineration unit for which a permit is required by § 129(e) of the Clean Air Act, until the EPA determines in a final rule that the applicable source is required to obtain a Part 70 permit.

C. Requirement for a Part 70 Permit. Except as provided in §D of this regulation, and Regulations .15, .16, .18, and .19 of this chapter, an owner or operator of a Part 70 source may not operate the source after the time that it is required to submit a timely and complete application unless the source is in compliance with a Part 70 permit issued under this chapter.

D. Application Shield.

(1) If the owner or operator of a Part 70 source submits a timely and complete application for a permit, including an application for renewal, as provided in Regulations .02 and .03 of this chapter, the failure to obtain a Part 70 permit is not a violation of this chapter and the source may continue to be operated in compliance with a permit issued under this chapter until the Department takes final action. This application shield ends if the applicant fails to submit by the deadline specified in writing by the Department any additional information pertaining to applicable requirements of the Clean Air Act needed to process the application, as provided by Regulation .02C(3) of this chapter.

(2) Information required under §L of this regulation does not affect the status of the application shield.

E. The owner or operator of a source for which a Part 70 permit is not required under §A of this regulation may elect to apply to the Department for a Part 70 permit.

F. The owner or operator of a source that is not covered by a Part 70 permit shall obtain a State permit to operate from the Department, if this permit is required by COMAR 26.11.02.13 a.

G. The owner or operator of a source for which a Part 70 permit has been issued by the Department is not required to apply for or obtain a State permit to operate from the Department for those emission units covered by the Part 70 permit.

H. If the owner or operator of a source agrees to a federally enforceable permit to construct, State permit to operate, or other federally enforceable requirement that limits emissions from the source, a Part 70 permit is not required for the source. This may be accomplished, as provided in COMAR 26.11.02.03 a, by any means acceptable to the EPA.

I. Any other applicable requirement of the Clean Air Act or State air pollution control law may apply to a source for which a Part 70 permit is not required.

J. The Part 70 permit requirements of this chapter and of COMAR 26.11.02 are effective on the date the EPA approves Maryland's Part 70 permit program, including interim or full program approval, to the extent of that approval. The Department will publish notice in the Maryland Register that the EPA has approved the program and the date of approval.

K. Notwithstanding any other provision of this chapter that requires applying for or obtaining a permit to construct at a different time than applying for or obtaining an initial, renewed, or revised Part 70 permit, the owner or operator of a source for which a Part 70 permit is required may elect, with the approval of the Department, to apply for both permits simultaneously. In this event, the Department shall establish procedures to be followed consistent with the requirements of this chapter and COMAR 26.11.02 so that the public, affected states, and EPA are afforded any notice, comment, and participation rights provided by this chapter and COMAR 26.11.02.

L. The owner or operator of a source for which a Part 70 permit is required shall submit additional information based upon applicable requirements of the State air pollution control law in addition to the Part 70 permit application. This information shall be submitted on forms provided by the Department. This requirement is State-only enforceable.

M. Acid Rain Provisions.

(1) The Department incorporates by reference the provisions of 40 CFR 72, as amended, with the exception that the "permitting authority" means the Department.

(2) A person who constructs, modifies, or operates, or causes to be constructed, modified, or operated, an acid rain source, as defined in COMAR 26.11.02.01 a B(1) shall comply with 40 CFR 72, as amended.

N. The owner or operator of a source for which a Part 70 permit is required is subject to the compliance assurance monitoring (CAM) requirements under 40 CFR Part 64 (2000 edition) which is incorporated by reference.

Md. Code Regs. 26.11.03.01

Regulations .01 and .01M adopted effective June 16, 1997 (24:12 Md. R. 866)
Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843)
Regulation .01B amended effective December 10, 2001 (28:24 Md.2130)
Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138)