Md. Code Regs. 26.11.03.11

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.03.11 - Hearing Procedures

A. Request for a Contested Case Hearing. If the Department denies a Part 70 permit or issues it with terms and conditions that are objectionable to the applicant, the applicant may request that a contested case hearing be held regarding the permit. This request shall be made to the Department in writing not later than 15 days after the applicant receives notice that the permit has been denied or of the objectionable terms and conditions. The request shall include the basis for the request and refer to any objectionable terms and conditions.

B. Referral to Office of Administrative Hearings. The Department shall refer the applicant's request to the Office of Administrative Hearings (OAH) for a contested case hearing regarding the denial of the permit or the objectionable terms and conditions. If objectionable terms and conditions are the basis for the request, the referral is limited to the objectionable terms and conditions and any others that are necessarily implicated by a challenge to the objectionable terms and conditions.

C. Notice to Other Persons. After referral to OAH, the applicant shall provide notice of the contested case hearing, at the applicant's expense, to the EPA, any affected state that commented on the draft or proposed permit, and any other person who has requested notice. The applicant shall also provide notice in a newspaper of general circulation in the area of the source for which the Part 70 permit is sought. Before the notices required by this section are sent or published, the form and content of the notices shall be submitted by the applicant to the administrative law judge for approval.

D. Rights of Other Persons to Participate. The EPA has the right, at its discretion, to participate as a party in a contested case hearing held under this regulation. Any other person may move to participate in the contested case hearing in accordance with the requirements of Maryland law.

E. Additional Notice and Final Decision. If the EPA did not participate in the contested case hearing, the Department shall provide the EPA with a copy of the proposed decision of the administrative law judge and 45 days opportunity to comment before the Department issues its final decision in the contested case. If the EPA comments within 45 days, the Department shall provide a copy of those comments to all parties to the contested case hearing and 10 days to respond to those comments. After the end of this comment period, or without a comment period if EPA participated in the contested case hearing, the Department shall issue its final decision in the contested case.

F. Determination that an Application is Incomplete. A determination by the Department that an application for an initial or renewed Part 70 permit is incomplete is also subject to the procedures for contested cases in §§A and B of this regulation, if the determination is made after the time for submitting a timely application. The requirements of §§C-E of this regulation do not apply to a contested case hearing held under this section.

G. State-only Enforceable Conditions. Sections A, B, and F of this regulation apply to the federally enforceable and the State-only enforceable conditions of a Part 70 permit.

Md. Code Regs. 26.11.03.11