Md. Code Regs. 26.11.03.17

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

Section 26.11.03.17 - Significant Permit Modifications

A. As provided in this regulation, a permittee may apply to the Department to make a significant modification to a Part 70 permit.

B. A significant permit modification is a revision to the federally enforceable provisions of a Part 70 permit that does not qualify as an administrative permit amendment under Regulation .15 of this chapter or as a minor permit modification under Regulation .16 of this chapter. A significant change or relaxation in a monitoring requirement and a relaxation of a reporting or record-keeping requirement in a Part 70 permit is a significant modification.

C. This regulation does not preclude a permittee from making changes, consistent with the provisions of this chapter, that would make a permit or particular terms and conditions of a permit irrelevant, such as by shutting down or reducing the level of operation of a source or of an emission unit within the source. Air pollution control equipment may not be shut down or its level of operation reduced if doing so would violate any term of a permit or approval.

D. Significant permit modifications are subject to all requirements of this chapter as they apply to permit issuance and renewal, including the requirements for applications, public participation, and review by affected states and EPA, except:

(1) An application need include only information pertaining to the proposed change to the source and modification of the permit, including a description of the change and modification, the emissions resulting from the change and modification, and any new applicable requirements of the Clean Air Act that will apply if the change occurs;

(2) Public participation, and review by affected states and EPA, is limited to only the application and those federally enforceable terms and conditions of the Part 70 permit that are affected by the significant permit modification.

E. As provided at Regulation .15B(5) of this chapter, an administrative permit amendment may be used to make a change that would otherwise require a significant permit modification if procedures for enhanced preconstruction review of the change are followed that satisfy the requirements of 40 CFR § 70.7(d)(1)(v).

F. Permittee's Ability to Make Change.

(1) Before making a change that qualifies as a significant permit modification, a permittee shall obtain all permits to construct and approvals if required by COMAR 26.11.02.09 a A, or shall obtain a certificate of public convenience and necessity (CPCN) from the Public Service Commission if required under Public Utilities Article, Title 7, Subtitle 2, Annotated Code of Maryland.

(2) For modifications that require a permit to construct and, if applicable, approval by COMAR 26.11.02, or a CPCN from the Public Service Commission, the permittee may make the change only after the permittee has received the required permit to construct, and, if applicable, approval or CPCN and has submitted a complete application for a significant modification to its Part 70 permit.

(3) For modifications that do not require a permit to construct, and, if applicable, approval, the permittee may not make the change until the Department issues a revised Part 70 permit that includes the requirements that apply to the modification.

G. The Department shall make its final decision to issue or deny a significant permit modification within 9 months after receipt of a complete application, but may extend that date for cause.

H. A permittee may not make a significant permit modification that results in a violation of any applicable requirement of the Clean Air Act.

I. Permit Shield. The permit shield in Regulation .23 of this chapter applies to a final significant permit modification that has been issued by the Department, to the extent applicable under Regulation .23 of this chapter.

Md. Code Regs. 26.11.03.17