Md. Code Regs. 26.11.03.13

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.11.03.13 - Issuance and Renewal of Part 70 Permits

A. Action on Applications for a Part 70 Permit.

(1) The Department shall issue a Part 70 permit, permit revision, or permit renewal only if it determines that all of the following requirements have been met:

(a) The Department has received a complete application for a Part 70 permit, permit revision, or permit renewal, except that a complete application need not be received before a determination that a particular source is covered by a general permit under Regulation .21 of this chapter unless required by the general permit;

(b) If applicable, the public participation requirements under Regulation .07 of this chapter;

(c) If applicable, the procedures for notifying and responding to affected states under Regulation .08 of this chapter;

(d) The federally enforceable conditions of the permit provide for compliance with all applicable requirements of the Clean Air Act or the permit includes a schedule to achieve compliance that is acceptable to the Department;

(e) The EPA has received a copy of the proposed permit and any other information required by Regulation .09A of this chapter, and has either not objected to issuance of the permit under Regulation .09B of this chapter within a 45-day period or has objected within the time period but the objection has been resolved; and

(f) The applicant has paid all fees owed to the Department that are related to the State air pollution control law.

(2) The criteria for issuing or denying the State-only enforceable conditions of a Part 70 permit are those criteria specified in COMAR 26.11.02.06 a C and D.

(3) Except as provided in 40 CFR § 70.4(b)(4)(ii) regarding program approval and initial applications, Regulations .14 ----- .17 of this chapter regarding revisions to Part 70 permits, Regulation .21 of this chapter regarding general Part 70 permits, or in regulations promulgated by EPA under Title IV and Title V of the Clean Air Act for the permitting of affected sources under the acid rain program, the Department shall take final action on each Part 70 permit application, including a request for renewal, within 18 months after receiving a complete application. The Department shall take final action on an application within:

(a) 60 days for an administrative permit amendment, as provided in Regulation .15D of this chapter;

(b) 90 days for a minor permit modification, or 15 days after the end of EPA's 45-day review period under Regulation .09 of this chapter, whichever is later, as provided in Regulation .16F of this chapter; or

(c) 9 months for a significant permit modification, as provided in Regulation .17G of this chapter.

(4) Final action on an application for a general Part 70 permit shall be taken as specified in the general permit. Final action on a reopened permit shall be taken as specified in Regulation .20C of this chapter.

(5) The Department shall provide a statement that sets forth the legal and factual basis for the draft federally enforceable permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall provide this statement to the EPA, affected states, and to any other person who requests it.

(6) The submittal of a complete application does not affect the requirement that the owner or operator of a source obtain a preconstruction permit under Title I of the Clean Air Act or a permit to construct or approval required under COMAR 26.11.02.

B. Part 70 Permit Renewal and Expiration.

(1) The procedures for renewal of a Part 70 permit are the same as provided in Regulations .02, .03, and .07-----.12 of this chapter for initial Part 70 permits, including procedures for applications, public participation, and affected state and EPA review.

(2) The expiration of a Part 70 permit for a source terminates the right of the owner or operator to operate the source unless a timely and complete renewal application has been submitted, as provided in Regulation .02B and C of this chapter.

(3) After a timely and complete application for a Part 70 permit renewal has been submitted, the permittee shall continue to operate under the terms and conditions of the current Part 70 permit until the Department has taken final action on the permit renewal.

C. No Default Issuance. As provided in COMAR 26.11.02.02 a I, failure of the Department to act on a Part 70 permit application is not deemed issuance by default.

Md. Code Regs. 26.11.03.13