Md. Code Regs. 26.11.03.21
Current through Register Vol. 51, No. 18, September 6, 2024
Section 26.11.03.21 - General Part 70 PermitsA. The Department may, after its review, review by the EPA and affected states, and after notice and opportunity for public comment and hearing as required by the rulemaking provisions of the Administrative Procedure Act, State Government Article, § 10-101 et seq., Annotated Code of Maryland, and Environment Article, § 2-301, Annotated Code of Maryland, issue a general Part 70 permit covering numerous similar sources or emissions units. Any general permit shall comply with all requirements applicable to other Part 70 permits and shall identify criteria by which sources may qualify for the general permit.B. The Department shall maintain records of the public comments and issues raised during the public participation process.C. Notwithstanding the shield provisions of Regulation .23 of this chapter, a person responsible for a source that the person contends is subject to a general permit is subject to an enforcement action for operating without a Part 70 permit if it is determined that the source does not qualify for the general permit.D. General permits may not be authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Clean Air Act.E. The owner or operator of a Part 70 source that qualifies for a general permit may apply to the Department for coverage under the terms of a general permit.F. The Department may in a general permit provide for applications and procedures to identify those sources that are subject to that permit that differ from the application requirements of Regulations .02 and .03 of this chapter if these applications and procedures meet the requirements of Title V of the Clean Air Act and include all information necessary to determine qualification for and to assure compliance with the general permit.G. The Department may grant an application for a determination that a general permit applies to a particular source without repeating the notice, comment, and review procedures of Regulations .07-.12 of this chapter. However, such a grant may not be a final permit action for the purpose of judicial review.H. A response to each general permit application may not be provided. The general permit may specify a reasonable period of time after which an application is deemed approved and the applicant may operate under the general permit.I. The applicant for a general Part 70 permit may be issued an individual permit or a letter or other document indicating that the application has been approved or denied.J. If the Department provides an individual response, as provided in §H of this regulation, the permittee shall retain that response and make it available on request to authorized officials of the Department.K. An applicant for and a permittee subject to a general permit is subject to the requirements of COMAR 26.11.02.16 a and shall pay the annual fee in accordance with COMAR 26.11.02.17 a -.19.L. Notwithstanding any other provision of this chapter, the provisions of Regulations .14-.19 of this chapter, regarding revisions, apply to a general permit.Md. Code Regs. 26.11.03.21