Statutes, codes, and regulations
Maryland Administrative code
Title 26 - DEPARTMENT OF ENVIRONMENTPart 2 - SUBTITLES 08-12Subtitle 11 - AIR QUALITY
Chapter 26.11.03 - Permits, Approvals, and Registration - Title V Permits
Section 26.11.03.10 - Public Petitions for Review to EPA Regarding Part 70 Permits

Md. Code Regs. 26.11.03.10

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Current through Register Vol. 51, No. 18, September 6, 2024
Section 26.11.03.10 - Public Petitions for Review to EPA Regarding Part 70 Permits
A. If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during the public comment period provided in Regulation .07D of this chapter, unless:
(1) The petitioner demonstrates that it was impracticable to raise the objections within the public comment period; or
(2) The grounds for the objection arose after the public comment period.
B. A person submitting a petition for review to the EPA under this regulation shall provide the Department and the applicant with a copy of the petition when it is provided to the EPA.
C. If the EPA objects to a Part 70 permit as a result of a petition for review filed under this regulation, the Department may not issue the permit until EPA's objection has been resolved. A petition for review does not stay the effectiveness of a Part 70 permit or its requirements if the permit was issued after the end of the 45-day review period and before an EPA objection.
D. If the Department has issued a Part 70 permit before receipt of an EPA objection under this regulation, the Department has 90 days from receipt of the EPA objection to resolve the objection and to reopen and revise or revoke the permit. If the Department fails to resolve the EPA objection and EPA then reopens and revises or revokes the permit in accordance with 40 CFR § 70.8(d), the Department thereafter may issue only a revised Part 70 permit that satisfies the EPA's objection. In this event, the owner or operator of the source is not in violation of the requirement to have submitted a timely and complete application if the owner or operator timely provides the Department with all information necessary to revise the permit.

Md. Code Regs. 26.11.03.10