Md. Code Regs. 26.11.03.06

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.03.06 - Content of Part 70 Permits - Specific Requirements

A. At a minimum, the Department shall include in each Part 70 permit the following terms and conditions that are based upon applicable requirements of the Clean Air Act:

(1) Emission limitations and standards, including those operational limitations and other requirements that assure compliance with all applicable requirements of the Clean Air Act at the time of permit issuance, as described in §B of this regulation;

(2) The duration of the permit;

(3) Provisions related to monitoring, record keeping, and reporting as described in §C of this regulation;

(4) A provision prohibiting emissions that exceed any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations promulgated under it, as described in §D of this regulation;

(5) A severability clause to ensure the continued validity of the remainder of the requirements of a permit if any portion of the permit is challenged;

(6) Miscellaneous provisions described in §E of this regulation;

(7) A provision to ensure that the annual permit fee is paid to the Department, as prescribed in COMAR 26.11.02.16 a;

(8) A provision stating that a permit revision is not required for a change that is provided for in the permit relating to approved economic incentives, marketable permits, emissions trading, and other similar programs;

(9) Reasonably anticipated operating scenarios identified in the application and approved by the Department, which:

(a) Require the permittee, contemporaneously with making a change from one approved scenario to another, to record in a log maintained at the permitted source each scenario under which the source is operating and the date and time that the scenario started and ended,

(b) May extend the permit shield in Regulation .23 of this chapter to the terms under each approved scenario, and

(c) Ensure that the terms and conditions of each approved scenario meet all applicable requirements of the Clean Air Act;

(10) As provided in 40 CFR § 70.4(b)(12) and as described in §F of this regulation, provisions, if requested by the applicant, for the trading of emissions increases and decreases among the emissions units at the permitted source, to the extent that the applicable requirements of the Clean Air Act provide for this trading without a case-by-case approval of each trade, and if the application includes proposed replicable procedures and permit terms and conditions to ensure that the trades are quantifiable and enforceable;

(11) A provision that all terms and conditions in a Part 70 permit, including provisions designed to limit a source's potential to emit, are enforceable by the EPA and citizens under the Clean Air Act, except for any terms and conditions that are identified as State-only enforceable;

(12) Compliance requirements as described in §G of this regulation;

(13) Provisions establishing the permit shield, if a permit shield is allowed pursuant to Regulation .23 of this chapter;

(14) Other provisions that the Department may reasonably require.

B. Emission Limitations and Standards.

(1) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement of the Clean Air Act upon which the term or condition is based.

(2) The permit shall state that, if another applicable requirement of the Clean Air Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Clean Air Act, both provisions shall be incorporated into the permit and shall be enforceable by the EPA.

(3) If the Maryland SIP allows a determination of an alternative emission limit at a Part 70 source, equivalent to that contained in the SIP, to be made in the permit issuance, renewal, or significant modification process, and the Department elects to use this process, the permit shall contain provisions to ensure that a resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

C. Monitoring, Record Keeping, and Reporting.

(1) The permit shall contain general provisions requiring that the permittee monitor, create, and maintain records, and submit reports to the Department, and if appropriate to EPA, to assure compliance with the permit. This provision shall include requirements that the permittee use consistent terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable emission standards and other requirements contained in the permit.

(2) The permit shall contain provisions with respect to monitoring that incorporate into the permit all applicable emissions monitoring and analysis procedures or test methods required by the applicable requirements, including any procedures and methods promulgated pursuant to § 504(b) or 114(a)(3) of the Clean Air Act.

(3) If the applicable requirements of the Clean Air Act do not require periodic testing or instrumental or noninstrumental monitoring, which may consist of record keeping designed to serve as monitoring, the permit shall require periodic monitoring of emissions or operating parameters relevant to each applicable requirement contained in the permit of sufficient type and frequency to yield data that is timely, reliable, and representative of the compliance status of the source with the permit. The Department may determine the record-keeping requirements, as described in §C(5) of this regulation, may be sufficient to satisfy this requirement.

(4) As necessary, the permit shall specify procedures for the installation, use, and maintenance of monitoring equipment or methods.

(5) The permit shall contain provisions with respect to creating, maintaining, and retaining records, including the following requirements:

(a) The location, as specified in the permit, date, and time that samples and measurements are taken;

(b) All pertinent operating conditions existing at the time that samples and measurements are taken;

(c) The date that each analysis of a sample is performed and the name of the person taking the sample;

(d) The identity of the company, individual, or other entity that performed the analysis;

(e) The analytical techniques and methods used;

(f) The results of each analysis;

(g) The retention of records of all monitoring data and support information for a period of 5 years or longer, as specified by the Department, from the date of the monitoring sample, measurement, application, or report.

(6) Support information under §C(5)(g) of this regulation includes:

(a) All calibration and maintenance records;

(b) All original data collected from continuous monitoring instrumentation; and

(c) Copies of all reports required by the permit.

(7) Reporting Requirements.

(a) The permit shall contain provisions with respect to all applicable reporting requirements, including requiring the permittee to:

(i) Submit reports of required monitoring at least every six months;

(ii) Report any deviation from permit requirements that could endanger human health or the environment, by orally notifying the Department immediately upon discovery of the deviation; and

(iii) Promptly report all other deviations from permit requirements, including those attributable to upset conditions as defined in the permit, within 5 days of discovery of the deviation or a shorter time that the Department may specify in the permit, by submitting a written description of the deviation to the Department, including the cause and dates and times of the onset and termination of the deviation.

(b) All instances of deviations from permit requirements shall be clearly identified in the reports required by §C(7)(a)(i) of this regulation. All required reports shall be certified by a responsible official, as provided in COMAR 26.11.02.02 a F and Regulation .02F of this chapter.

(c) If a deviation under §C(7)(a)(iii) of this regulation is continuing, the permittee shall submit the action taken or planned to reduce, eliminate, and prevent reoccurrence of the deviation.

D. Lawful Allowance.

(1) A permit revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, if the increases do not require a permit revision under another applicable requirement of the Clean Air Act.

(2) A limit may not be included in the permit on the number of allowances that may be held by the permittee. The permittee may not, however, use allowances as a defense to noncompliance with another applicable requirement of the Clean Air Act.

(3) Allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Clean Air Act.

E. Miscellaneous Provisions.

(1) Duty to Comply. The permit shall contain a provision requiring the permittee to comply with all terms and conditions of the Part 70 permit and providing that noncompliance with the federally enforceable conditions constitutes a violation of the Clean Air Act and is subject to:

(a) Enforcement action;

(b) Permit revocation or revision;

(c) Denial of an application for renewal of the permit; or

(d) Any combination of these actions.

(2) Need to Halt or Reduce Activity Not a Defense. The permit shall contain a provision that it is not a defense in an enforcement action for the permittee to establish that it would have been necessary to halt or reduce activity related to the permitted source in order to comply with the conditions of the permit.

(3) Permit Actions. The permit shall contain a provision that the permit may be revoked or reopened and revised for cause. The filing of an application by the permittee for a permit revision or renewal, or termination, or of a notification of planned changes to a permitted source or anticipated noncompliance does not stay a term or condition of a Part 70 permit.

(4) Property Rights. The permit shall contain a provision that the permit does not convey any property rights or any exclusive privilege.

(5) Duty to Provide Information. The permit shall contain a provision that the permittee shall furnish to the Department, within a reasonable time specified by the Department, information that the Department may request in writing to determine whether the permittee is in compliance with the federally enforceable provisions of the permit or whether cause exists for revising or revoking the permit. Upon request, the permittee shall also furnish to the Department records required to be kept under the permit. For information claimed by the permittee to be confidential and therefore potentially not disclosable to the public, the Department may require the permittee to provide a copy of the records directly to the EPA along with the claim of confidentiality.

F. Emissions Trading. Provisions for emissions trading:

(1) Shall include all terms and conditions required by this regulation to determine compliance;

(2) May extend the permit shield in Regulation .23 of this chapter to all terms and conditions related to emissions trading;

(3) Shall meet all applicable federally enforceable regulatory and permit requirements and the requirements of this chapter;

(4) Shall be solely for the purpose of complying with a federally enforceable emissions limit that is established in the permit independent of otherwise applicable requirements of the Clean Air Act; and

(5) Do not allow trading that involves an emissions unit for which the Department determines that replicable procedures have not been identified by the applicant to ensure that the proposed trades are quantifiable and enforceable.

G. Compliance Requirements.

(1) All Part 70 permits shall contain provisions with respect to compliance as described in this section.

(2) The permit shall contain compliance certification, testing, monitoring, reporting, and record-keeping requirements sufficient to assure compliance with the permit. A report or other document that a Part 70 permit requires to be submitted to the Department shall contain a certification by a responsible official that meets the requirements of COMAR 26.11.02.02 a F and Regulation .02F of this chapter.

(3) The permit shall contain entry and inspection provisions that require the permittee to allow employees and authorized representatives of the Department and the EPA, upon presentation of credentials and other documents as may be required by law, to:

(a) Enter at any reasonable time without delay and without prior notice the permittee's property where a Part 70 source is located, emission-related activity is conducted, or records required by the permit are kept;

(b) Have access to and copy records required by the permit;

(c) Inspect the source, all emissions units within the source, and all related monitoring, air pollution control equipment, practices, or operations regulated or required under the permit; and

(d) Sample or monitor any substances or parameters at or related to the source for the purpose of determining compliance with the permit.

(4) The permit shall contain a schedule of compliance consistent with Regulation .03B(17) of this chapter.

(5) The permit shall require progress reports consistent with an applicable schedule of compliance and Regulation .03B(17) of this chapter to be submitted quarterly, or more frequently, as specified in the applicable requirement of the Clean Air Act or by the Department. A progress report includes:

(a) The date when each requirement in the schedule of compliance was or will be met; and

(b) An explanation of why a date in the schedule of compliance was or will not be met and those actions taken to avoid not meeting the date.

(6) The permit shall contain the following provisions for compliance certification with the terms and conditions of the permit, including emission limits, standards, and work practices which are based upon applicable requirements of the Clean Air Act:

(a) The frequency of submission, which will be annually or more frequent as specified in the applicable requirement of the Clean Air Act or by the Department; and

(b) In accordance with §C(3) of this regulation, the methods for monitoring and assessing compliance of the source with the permit.

(7) The permit shall contain a provision that the compliance certification include:

(a) The identification of each federally enforceable term or condition of the permit that is the basis of the certification;

(b) The compliance status;

(c) Whether compliance was continuous or intermittent;

(d) The methods used for determining the compliance status of the source, currently and over the reporting period; and

(e) Other information the Department requires to determine the compliance status of the source.

(8) The permit shall contain requirements that all compliance certifications be submitted simultaneously to the Department and EPA.

(9) The permit shall contain additional requirements as specified pursuant to §§ 114(a)(3) and 504(b) of the Clean Air Act.

Md. Code Regs. 26.11.03.06

Regulation .06C amended effective November 11, 2002 (29:22 Md. R. 1724)