Md. Code Regs. 26.11.03.15

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

Section 26.11.03.15 - Administrative Permit Amendments

A. A permittee may apply to the Department to make an administrative permit amendment to a Part 70 permit, as provided in this regulation. The application shall:

(1) Be in writing;

(2) Include a statement certified by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02 a F, that the proposed amendment meets the criteria for an administrative permit amendment; and

(3) Identify those provisions of the Part 70 permit for which the amendment is requested and the basis for the request.

B. An administrative permit amendment is a Part 70 permit revision that:

(1) Corrects typographical errors;

(2) Identifies a change in the name, address, or phone number of a person identified in the permit, or a similar administrative change involving the permittee or other matters not directly related to the control of air pollution;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a source for which the Department determines that no other revision to the permit is necessary, if a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department;

(5) Incorporates into the Part 70 permit the requirements from preconstruction review permits or approvals issued by the Department in accordance with the requirements of this subtitle, but only if the procedures for preconstruction review satisfy the requirements of 40 CFR § 70.7(d)(1)(v);

(6) Incorporates any other type of change, as approved by the EPA, which is similar to those in §B(1)-(4) of this regulation;

(7) Incorporates any change to a term or condition specified as State-only enforceable, if the permittee has obtained all necessary permits to construct and approvals that apply to the change.

C. The Department may approve an administrative permit amendment to a Part 70 permit, consistent with the requirements of this regulation, except for a permit modification for the acid rain portion of a Part 70 permit which is governed by regulations promulgated under Title IV of the Clean Air Act.

D. The Department shall take final action to approve or deny an administrative permit amendment within 60 days of receipt of a complete application. An amendment to a Part 70 permit under this regulation may be made without providing notice to the public or affected states. The Department shall identify in the permit an amendment made under this regulation.

E. The Department shall submit a copy of the revised Part 70 permit to the EPA.

F. The permittee may make the change addressed in the application for an administrative amendment upon receipt by the Department of the application, if all permits to construct or approvals otherwise required by this chapter with respect to the change have first been obtained from the Department.

G. The permit shield in Regulation .23 of this chapter applies to administrative permit amendments made under §B(5) of this regulation but only after the Department takes final action to revise the permit.

H. The permittee is subject to enforcement action if it is determined at any time that a change made under this regulation is not within the scope of this regulation.

Md. Code Regs. 26.11.03.15