Md. Code Regs. 26.11.03.19

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

Section 26.11.03.19 - Off-Permit Changes to Sources

A. A permittee may make a change to the permitted source that is not addressed or prohibited by the federally enforceable conditions of a Part 70 permit without obtaining a Part 70 permit revision if:

(1) The owner or operator has obtained all permits and approvals required by this chapter;

(2) The change is not subject to any requirements under Title IV of the Clean Air Act;

(3) The change is not a Title I modification; and

(4) The change does not violate an applicable requirement of the Clean Air Act or a federally enforceable term or condition of the permit.

B. For a change that qualifies under this regulation, the permittee shall provide contemporaneous written notice to the Department and the EPA, except for a change to an emission unit or an activity that is exempt from the Part 70 permit application, as provided in Regulation .04 of this chapter. This written notice shall describe the change, including the date it was made, any change in emissions, including the pollutants emitted, and any new applicable requirements of the Clean Air Act that apply as a result of the change.

C. Upon satisfying the requirements of this regulation, the permittee may make the proposed change.

D. The permittee shall keep a record describing:

(1) Changes made at the source that result in emissions of an air pollutant subject to an applicable requirement of the Clean Air Act, but not otherwise regulated under the permit; and

(2) The emissions resulting from those changes.

E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions.

F. The permittee shall include each change made under this regulation in the application for the next renewal of the Part 70 permit.

G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation.

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

Md. Code Regs. 26.11.03.19

Regulation .19D amended effective December 10, 2001 (28:24 Md.2130)