Md. Code Regs. 26.11.03.03

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

Section 26.11.03.03 - Information Required as Part of Application for a Part 70 Permit

A. The applicant for a Part 70 permit shall provide all information relating to applicable requirements of the Clean Air Act, including information claimed to be confidential, that is necessary for the Department to decide whether to issue or deny a Part 70 permit. The information shall be submitted on permit application forms provided by the Department.

B. Except as otherwise provided in this chapter, the information shall be full and complete for each emission unit at the Part 70 source and include:

(1) Information that fully identifies the source, including:

(a) Company and source name and address,

(b) All owner and operator names and addresses,

(c) Plant telephone number and emergency 24-hour telephone number of the facility at which the source is located, and

(d) Names of all of the facility managers and other contacts;

(2) A description of the processes and products related to the source, including SIC codes, and any alternate operating scenarios;

(3) All emissions of pollutants for which the source is major and type and quantity of all emissions of regulated air pollutants, calculated as required by the Department, including:

(a) Sufficient information to verify which requirements are applicable to each emission unit and to collect any permit fees owed, and

(b) Fugitive emissions in the same manner as stack and other confined emissions;

(4) A description and location of all emissions units within the source, including a plot plan of the entire source;

(5) Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method;

(6) A description of all fuels, including the quantities used of each type of fuel, raw materials, production rates, and operating schedules;

(7) A description and location of all air pollution control equipment, continuous emission monitoring (CEM) devices, compliance monitoring devices or activities, and all other equipment or devices at the source used to monitor, capture, control, contain, or prevent emissions;

(8) A description of all maintenance schedules, preventative measures, work practices, and any other actions, that are applicable requirements of the Clean Air Act, taken to assure proper operation and prevent malfunctions of process and control equipment;

(9) All limitations on source operation affecting emissions and any work practice standards, that are applicable requirements of the Clean Air Act, for all regulated pollutants;

(10) All other emissions information required to demonstrate compliance with all applicable requirements of the Clean Air Act, including:

(a) Stack or vent discharge parameters, including stack height, stack diameter, and plume temperature,

(b) Fugitive emission discharge parameters,

(c) Flow rates, and

(d) Building dimensions;

(11) Calculations on which the information required in §B(1)-----(10) of this regulation is based;

(12) A citation to and description of all applicable requirements of the Clean Air Act;

(13) A listing for each emissions unit within the source required to be covered by a Part 70 permit, or for which a source is opting to seek coverage under Regulation .01E of this chapter, and of any applicable test methods for determining compliance with each applicable requirement of the Clean Air Act;

(14) Any other information that may be necessary to implement and enforce any standard or other applicable requirement of the Clean Air Act or to determine the applicability of these requirements;

(15) An explanation of proposed exemptions from otherwise applicable requirements of the Clean Air Act;

(16) All information that the Department determines is necessary regarding alternative operating scenarios that the applicant requests to include in the Part 70 permit pursuant to Regulation .06A(9) of this chapter or to define permit terms and conditions implementing the provisions of Regulations .06A(8) and (10), .06B(3), .06F, and .18 of this chapter;

(17) A compliance plan description and schedule for the Part 70 sources that contain the following:

(a) A description of the compliance status of the source with respect to all applicable requirements of the Clean Air Act,

(b) For applicable requirements of the Clean Air Act for which the source will be in compliance when the permit is issued, a statement that the source will continue to comply with these requirements,

(c) For applicable requirements of the Clean Air Act that will become effective during the permit term, a statement that the source will meet the requirements on the effective dates, unless a more detailed schedule is expressly required by the applicable requirement,

(d) For applicable requirements of the Clean Air Act for which the source will not be in compliance at the time of permit issuance, a description of how the applicant will achieve compliance with the requirements and a schedule of compliance as described in §C of this regulation,

(e) A schedule for submission of certified progress reports, at least quarterly, to the Department for sources required to have a schedule of compliance to remedy a violation;

(18) A certification of compliance with all applicable requirements of the Clean Air Act by a responsible official, as provided in Regulation .02F of this chapter and § 114(a)(3) of the Clean Air Act;

(19) A schedule for submission of compliance certifications during the permit term, to be submitted annually or more frequently if specified by an applicable requirement of the Clean Air Act or a permit condition determined by the Department;

(20) The applicant's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act;

(21) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70 ;

(22) A proposed monitoring, testing, record keeping, and reporting protocol for each emission unit;

(23) A statement certifying that a risk management plan has or will be submitted, if a plan is required under § 112(r) of the Clean Air Act;

(24) Additional information that the Department determines is required to determine whether a Part 70 permit should provide for emissions trading among the emissions units within a source, as provided in Regulation .06A(8) and (10) of this chapter.

C. Under §B(17)(d) of this regulation, the schedule of compliance shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with each applicable requirement for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of compliance shall be supplemental to, and may not sanction noncompliance with, the applicable requirements on which it is based. The schedule of compliance shall begin at the time that the application is submitted, but the applicant may project the compliance status of the source to the time that the permit should be issued.

D. The compliance plan required by §B(17) of this regulation applies to and shall include the acid rain portion of a compliance plan for an affected source, except as otherwise provided by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70 regarding how the source will comply with acid rain emission limitations.

E. Additional Information.

(1) Notwithstanding the other provisions of this chapter, the applicant for a Part 70 permit shall include in the application all information needed:

(a) To determine if the source is subject to all applicable requirements of the Clean Air Act;

(b) To ensure that all applicable requirements of the Clean Air Act are included in the permit; and

(c) To determine the annual permit fee required by COMAR 26.11.02.16 a -----.19.

(2) The applicant may include in the application only an aggregate estimate of emissions from all collective emission units and activities exempt as provided in Regulation .04 of this chapter together with the assumptions used to estimate those emissions.

Md. Code Regs. 26.11.03.03