<?xml version='1.0' encoding='utf-8'?>
<section article="gen" article_name="Environment" number="2-404.1" title_number="2" title_name="Ambient Air Quality Control" subtitle_number="4" subtitle_name="Permits and Registration">
  <level label="a">
    <text>Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 1990 is subject to judicial review by any person who:</text>
    <level label="1">
      <text>Meets the threshold standing requirements under federal constitutional law; and</text>
    </level>
    <level label="2">
      <text>Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation.</text>
    </level>
  </level>
  <level label="b">
    <text>Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates:</text>
    <level label="1">
      <text>That the objections were not reasonably ascertainable during the comment period; or</text>
    </level>
    <level label="2">
      <text>That grounds for the objections arose after the comment period.</text>
    </level>
  </level>
  <level label="c">
    <text>Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business.</text>
  </level>
  <level label="d">
    <level label="1">
      <text>An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.</text>
    </level>
    <level label="2">
      <text>Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits.</text>
    </level>
  </level>
</section>
