Md. Code Regs. 26.11.03.16

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

Section 26.11.03.16 - Minor Permit Modifications

A. A permittee may apply to the Department to make a minor modification to the federally enforceable provisions of a Part 70 permit, as provided in this regulation.

B. A minor permit modification is a Part 70 permit revision that:

(1) Does not result in a violation of any applicable requirement of the Clean Air Act;

(2) Does not significantly revise existing federally enforceable monitoring, including test methods, reporting, record keeping, or compliance certification requirements except by:

(a) Adding new requirements,

(b) Eliminating the requirements if they are rendered meaningless because the only emissions to which the requirements apply will no longer occur, or

(c) Changing from one approved test method for a pollutant and source category to another;

(3) Does not require or modify a:

(a) Case-by-case determination of a federally enforceable emission standard,

(b) Source-specific determination for temporary sources of ambient impacts, or

(c) Visibility or increment analysis;

(4) Does not seek to establish or modify a federally enforceable permit term or condition for which there is no corresponding underlying applicable requirement of the Clean Air Act, but that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject;

(5) Is not a Title I modification; and

(6) Is not required under Regulation .17 of this chapter to be processed as a significant modification to a Part 70 permit.

C. The terms and conditions described in §B(4) of this regulation include:

(1) A federally enforceable emission standard applied to the source pursuant to COMAR 26.11.02.03 a to avoid classification as a Title I modification; and

(2) An alternative emission standard applied to the source pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act.

D. Application for a Minor Permit Modification. The permittee shall submit to the Department an application for a minor permit modification that satisfies the requirements of Regulation .03 of this chapter, and which includes the following:

(1) A description of the proposed change, the emissions resulting from the change, and any new applicable requirements that will apply if the change is made;

(2) The proposed minor permit modification;

(3) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02 a F that:

(a) The proposed change meets the criteria for a minor permit modification, and

(b) The permittee has obtained or applied for all required permits to construct required by this chapter with respect to the proposed change; and

(4) Completed forms for the Department to use to notify the EPA and affected states, as required by Regulations .07-----.12 of this chapter.

E. EPA and Affected State Notification. Not later than 5 working days after receipt of a complete application, the Department shall notify EPA and affected states of an application for a minor permit modification, as required by Regulations .08A and .09A of this chapter. The Department shall promptly send to EPA any notice required under Regulation .08C of this chapter.

F. Timetable for Issuance.

(1) The Department may not issue a final minor permit modification until the 45-day period for EPA review has ended or until the EPA has notified the Department that EPA does not object to issuance of the minor permit modification, whichever occurs first.

(2) Not later than 90 days after the Department's receipt of a complete application for a minor permit modification or 15 days after the end of the 45-day period for EPA review, whichever is later, the Department shall:

(a) Issue the minor permit modification as proposed;

(b) Deny the minor permit modification;

(c) Determine that the change as described in the application does not meet the criteria for a minor permit modification and should be reviewed under the significant modification procedures in Regulation .17 of this chapter; or

(d) Revise the draft permit modification and transmit to EPA and affected states the new proposed minor permit modification, as required by Regulation .16E of this chapter.

G. Permittee's Ability to Make Change.

(1) If a change proposed in an application for a minor permit modification requires a permit to construct, the permittee may make the change only after the permit to construct has been issued by the Department.

(2) If a change proposed in an application for a minor permit modification does not require a permit to construct, the permittee may make the change at any time after receipt of the application by the Department.

(3) After the permittee makes a change allowed by this section and before the Department takes any of the actions specified in §F(2) of this regulation, the permittee shall comply with both the applicable requirements of the Clean Air Act that relate to the change and the permit terms and conditions described in the application for the modification. During this period of time, the permittee is not required to comply with the terms and conditions in the permit that it seeks to modify. If the permittee fails to comply with the permit terms and conditions in the application during this period of time, the terms and conditions in both the permit and in the application may be enforced against it.

H. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to minor permit modifications.

I. 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.

J. Notwithstanding any provision of this chapter, minor permit modification procedures may be used for Part 70 permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, but only to the extent that the minor permit modification procedures are explicitly provided for in regulations approved by the EPA as part of that Maryland SIP or in other applicable requirements of the Clean Air Act.

Md. Code Regs. 26.11.03.16