Title 26 — Subtitle 11. Air Quality

In this subtitle, the following terms have the meanings indicated.

Terms Defined.

Area I means the western area of the State comprising the counties of Allegany, Garrett, and Washington.

Area II means the central area of the State composed of Frederick County.

Area III means the Baltimore metropolitan area of the State comprising Baltimore City and the counties of Anne Arundel, Baltimore, Carroll, Harford, and Howard.

Area IV means the Washington metropolitan area of the State comprising the counties of Montgomery and Prince George's.

Area V means the southern area of the State comprising the counties of Calvert, Charles, and St. Mary's.

Area VI means the eastern shore area of the State comprising the counties of Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester.

Requirements for Testing.

Requirements for Monitoring.

Emission Test Methods. The following test methods are incorporated by reference:

The Department may require a person who owns or operates an installation or source to establish and maintain records sufficient to provide the information necessary to:

A person who is required pursuant to §A of this regulation to establish and maintain records shall:

Whenever a provision in this subtitle requires submission or reporting of test results, reports, or other information to the Department, unless otherwise specified, the information shall be submitted to:

Unless otherwise specified, all records, documentation or other information required by this subtitle, shall be maintained on-site and made available to the Department upon request.

Applicability. This regulation applies to a person who owns or operates any installation, source, or premises that is located in:

General Requirements.

Emissions Statement Content. Emissions statements required by §B of this regulation shall be organized by premises, submitted on a form obtained from the Department, and include the following information:

Definitions.

Unless otherwise required by law, the Department will consider any period of excess emissions to be a violation of law, regardless of the cause. Information submitted pursuant to §§C and D of this regulation will be considered, however, in determining whether the excess emissions are the result of a malfunction and whether to commence an administrative or judicial proceeding authorized by State and federal law.

Report of Excess Emissions.

Written Report of Excess Emissions.

Notwithstanding any provisions to §§A—D, of this regulation, a decision by the Department not to commence enforcement proceedings for an occurrence of excess emissions is not intended to preclude the Department from considering all past periods of excess emissions in determining whether to revoke or suspend a current operating permit or not to issue an operating permit for a future period of time.

The Department may exempt the owner or operator of any installation from the reporting requirements of §C, of this regulation, if it determines that other information submitted to the Department meets the requirements of §C of this regulation, or the information is of insignificant use to the Department.

Definitions.

Exemptions.

Dispersion Technique. A person may not use an unacceptable dispersion technique to determine the ground level concentrations of air pollutants discharged from a source in order to obtain:

Applicability and Exceptions.

General Requirements for COMs.

Certification and Quality Assurance Procedures.

Record Keeping and Reporting Requirements.

All information required by this regulation to be maintained or reported to the Department shall be retained and made available for review by the Department for a minimum of 5 years from the time the report is submitted.

Applicability and Exemptions.

General Requirements for CEMs.

Quality Assurance for CEMs. A CEM used to monitor a gas concentration shall meet the quality assurance criteria of 40 CFR Part 60, Appendix F, as amended, which is incorporated by reference, or, if applicable, the quality assurance criteria of 40 CFR Part 75, Appendix B, as amended.

Monitoring and Determining Compliance.

Record Keeping and Reporting Requirements.

In this chapter and in COMAR 26.11.03, the following terms have the meanings indicated.

Terms Defined.

Major Source.

Registration.

Permits to Construct and Approvals.

State Permits to Operate. A State permit to operate from the Department is required for a source listed in Regulation .13 of this chapter.

Part 70 Permits. A Part 70 permit from the Department is required for a source listed in COMAR 26.11.03.01. For a source for which a State permit to operate is required, as provided in Regulation .13 of this chapter, a Part 70 permit that applies to that source also constitutes a State permit to operate for that source.

Transfers. A permit to construct, State permit to operate, or approval may not be transferred either from one source to another or from one person to another, except as approved by the Department. Transfers of Part 70 permits may be made as provided in COMAR 26.11.03.15.

Certification. An application form, report, or compliance certification submitted pursuant to this chapter or COMAR 26.11.03, including supplementary information, shall be certified by a responsible official as to truth, accuracy, and completeness. The owner or operator of a source shall expeditiously notify the Department of an appointment of a new responsible official. The certification shall be in the following form: “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

Confidential Information. All information submitted in an application shall be considered to be part of the public record and available for inspection and copying under State Government Article, §10-611 et seq., Annotated Code of Maryland, unless the applicant claims that the information is confidential when it is submitted to the Department and the Department, at the time of a request for inspection or copying, determines that the information is confidential, in accordance with the provisions of State Government Article, §10-611 et seq., Annotated Code of Maryland. An applicant who requests the Department to keep information confidential shall identify the information in a manner specified by the Department and, when requested by the Department, promptly provide specific reasons supporting the claim of confidentiality. Information provided to the Department without a request that the information be deemed confidential may be made available to the public. Subject to approval of the Department, the applicant may provide a summary of confidential information that is suitable for public review. The contents of a Part 70 permit are not subject to confidential treatment.

Terms and Conditions. The Department may include terms and conditions in any permit or approval issued under this chapter or COMAR 26.11.03 to ensure continuous compliance with this subtitle.

A permit cannot be obtained because of failure of the Department to act on an application within an applicable time limit prescribed by this chapter, COMAR 26.11.03, or 40 CFR §71.7. Failure of the Department to make a decision within a time limit for issuing or denying a permit, permit renewal, or permit modification constitutes final agency action solely for the purpose of seeking judicial review to compel the Department to make a decision.

To the extent required by the Clean Air Act or authorized by the EPA, the Department may administer and enforce a permit issued by the EPA, including treating that permit as if it were a permit issued by the Department.

To the extent required by the Clean Air Act or authorized by the EPA, the Department may include an applicable requirement of the Clean Air Act in a permit that it issues regardless of whether the applicable requirement has been adopted as a regulation by the Department.

Portable Emissions Units.

The Department may include a condition in a permit to construct, an approval, or a State permit to operate that limits emissions from a source and that is federally enforceable so that the source is not subject to a Part 70 permit or an applicable requirement of the Clean Air Act.

Conditions of a permit to construct are federally enforceable if the conditions are based upon applicable requirements of the Clean Air Act.

A State permit to operate is federally enforceable if the permit so states and if the permit was processed in accordance with the procedures set forth in 54 FR 27274—27288 (June 28, 1989) or other procedures acceptable to EPA for making a permit federally enforceable.

Unless a permit to construct, State permit to operate, or an approval is revoked by the Department or superseded by another permit, it remains in effect as provided in this regulation.

Permits to Construct and Approvals. A permit to construct or an approval expires if, as determined by the Department:

State Permits to Operate.

Temporary Start-Up State Permit to Operate. Notwithstanding §§B and C of this regulation, the Department may issue a temporary start-up State permit to operate for a source or emission unit within the source for a period not to exceed 90 days. In the case of a newly constructed or modified source, the Department may issue a temporary start-up State permit to operate for a period not to exceed 1 year.

Portable Emission Units. A permit to construct a portable emission unit at a specific site expires if the Department determines that the portable emission unit has not been located at the site for 3 years.

Duration of Part 70 Permits. The duration of Part 70 permits is located in COMAR 26.11.03.05D.

Effect of Permit Expiration. Except as otherwise provided in this chapter or COMAR 26.11.03, the expiration of a permit to operate for a source terminates the right of the owner and operator to operate the source.

A person may not violate or cause to be violated any term or conditions of a permit issued under this chapter or COMAR 26.11.03. The Department may bring any action authorized by law for violation of a permit or any term or condition of a permit. These actions include revocation of a permit or any other actions specified in Environment Article, §2-601 et seq., Annotated Code of Maryland. Under Environment Article, §2-609, Annotated Code of Maryland, the Department may seek immediate injunctive relief against a person who violates a permit in such a manner as to cause a threat to human health or the environment. Unless they provide otherwise, the terms and conditions of a permit remain in effect until the permit expires or is revised, revoked, or superseded by the issuance of a later permit, order, plan for compliance, or other consent agreement which is inconsistent with the earlier permit, either expressly or by necessary implication.

Each day of violation of each provision of a permit is a separate violation, as provided by Environment Article, §§2-609.1, 2-610, and 2-610.1, Annotated Code of Maryland. Each day of construction, modification, or operation without a permit which is in current effect, as required by this chapter and COMAR 26.11.03, is a separate violation.

In addition to or in lieu of bringing an administrative or judicial enforcement action against a person responsible for construction, modification, or operation of a source for which a permit has expired or has been revoked, the Department, at its option, may treat the permit as remaining in effect for the purpose of administrative or judicial enforcement for violation of the provisions of the permit.

Except as provided in a permit shield issued under COMAR 26.11.03.23 for a Part 70 source, the issuance of a permit for a particular source does not alter the requirement for the source to comply with all other applicable requirements of the Clean Air Act and State air pollution control law. In addition to or in lieu of an administrative or judicial action that may result from violation of the permit and approval requirements of this chapter or COMAR 26.11.03, the Department may commence an administrative or judicial action authorized by law for violation of applicable requirements of the Clean Air Act or State air pollution control law.

Applicability. This regulation applies to all permits and approvals except Part 70 permits and general permits.

All Permits to Construct and Approvals. The Department shall deny an application if the applicant does not demonstrate to the satisfaction of the Department that the source:

State Permits to Operate. The Department may deny the application for a State permit to operate for a source if the Department determines that the applicant has not demonstrated that the applicant and the source shall:

State Permits and Approvals. The Department may deny an application for a permit to construct, an approval, or a State permit to operate if:

Denial of Approvals, State Permits to Operate or State-Only Enforceable Provisions of a Part 70 Permit.

Denial of Permits to Construct.

Revoking or Reopening a Permit. Except as protected by a permit shield provided in accordance with COMAR 26.11.03.23, the Department may issue an order revoking or reopening a State permit to operate, or the State-only enforceable provisions of a Part 70 permit, for violation of a provision of the permit or this subtitle. An order revoking or reopening a permit shall be served as summonses are served or by certified mail upon the permittee, and is final unless the permittee requests a contested case hearing within 15 days after service. When a hearing is requested by the permittee, it shall be held pursuant to the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

The Department does not issue retroactive permits for sources which are constructed, modified, or operated before being covered by a valid permit or approval. Processing and evaluation of late applications follow the requirements of this chapter and COMAR 26.11.03. In determining the appropriate penalty to seek in an administrative or judicial enforcement action, the Department shall consider, among other things:

As required by the Clean Air Act and State Government Article, §10-226(b), Annotated Code of Maryland, continued operation of a source pending final action on an application for the renewal of a State permit to operate or a Part 70 permit is not by itself a basis for administrative or judicial enforcement action if the source has submitted a timely and complete application and is in compliance with the prior State permit to operate or Part 70 permit. This protection ceases to apply if, subsequent to a timely submission of a complete application, the applicant fails to submit by the deadline specified in writing by the Department any additional information identified as being needed to process the application.

A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, the specified permits to construct and approvals:

In the event of a conflict between the applicability of §A(1)—(5) of this regulation and an exemption listed in Regulation .10 of this chapter, the provision that requires a permit applies.

Approval of a PSD or NSR source by the Department does not relieve the person obtaining approval from also obtaining all permits to construct required by §A(3)—(6) of this regulation.

General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions units, or control equipment.

Electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§7-207 and 7-208, Annotated Code of Maryland;

Motor vehicles, steamships, tugs, and railroad locomotives;

Fuel-burning equipment and space heaters using gaseous fuels or No. 1 or No. 2 fuel oil with a heat input less than 1,000,000 Btu (1.06 gigajoules) per hour;

Repealed.

Emergency stationary internal combustion engines or emergency stationary reciprocating internal combustion engines (RICE) with an output less than 500 brake horsepower (373 kilowatts);

Stationary internal combustion engines or stationary reciprocating internal combustion engines (RICE) that serve as a primary source of power for agricultural equipment or industrial equipment, with an output less than 500 brake horsepower (373 kilowatts);

Bench scale laboratory equipment used exclusively for chemical or physical analysis or experimentation;

Portable brazing, soldering, or welding equipment;

Comfort air conditioning or comfort ventilating systems which are not designed to remove emissions generated by or released from specific units of equipment;

Water cooling towers and water cooling ponds unless used for evaporative cooling of water from barometric jets or barometric condensers, or used in conjunction with an installation requiring a permit to operate;

Equipment used exclusively for steam cleaning;

Grain, metal, plastic, or mineral extrusion presses;

Porcelain enameling drying ovens;

Unheated VOC dispensing containers or unheated VOC rinsing containers of 60 gallons (227 liters) capacity or less;

Equipment used for hydraulic or hydrostatic testing;

The following equipment or an exhaust system or collector servicing exclusively this equipment:

Natural draft hoods or natural draft ventilators;

Containers, reservoirs, or tanks used exclusively for:

Gaseous fuel-fired or electrically heated furnaces for heat-treating glass or metals, the use of which does not involve molten materials;

Crucible furnaces, pot furnaces, or induction furnaces, with a capacity of 1,000 pounds (454 kilograms) or less each, in which no sweating or distilling is conducted, or any fluxing conducted, using chloride, fluoride, or ammonium compounds and from which only the following metals are poured or in which only the following metals are held in a molten state:

Vacuum cleaning systems used exclusively for industrial, commercial, or residential house-keeping purposes;

Charbroilers and pit barbecues as defined in COMAR 26.11.18.01 with a total cooking area of 5 square feet (0.46 square meter) or less;

Hazardous waste incinerators, as defined in COMAR 26.13.01.03B(33), and for which a hazardous waste facility permit has been applied or issued by the Department under COMAR 26.13.07;

Sheet-fed letter or lithographic printing presses with a cylinder width of less than 18 inches; and

Other installations if:

Applicability.

Exception for an Approval and for Certain Control Equipment. Notwithstanding the requirements of §A, this regulation does not apply to:

Consolidated Procedures. For a source that is subject to this regulation and is also a Part 70 source, the Department may authorize special procedures, at the applicant's request, for the applicant to apply simultaneously, to the extent possible, for a permit to construct and a Part 70 permit, or a revision to a Part 70 permit. These procedures may provide for combined public notices, informational meetings, and public hearings for both permits but may not adversely affect the rights of a person, including the EPA and affected states, to obtain information about the application for a permit, to comment on an application, or to challenge a permit that is issued. In addition, these procedures may not alter any existing Part 70 permit procedures or time frames.

Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the Department. The information that the Department requires may vary depending on the type of source. The applicant shall provide information sufficient to enable the Department to determine whether the source can be constructed so that it can comply with all applicable requirements of the Clean Air Act and State air pollution control law. An application shall include evidence of compliance with State Workers' Compensation laws as required by Environment Article, §1-202, Annotated Code of Maryland. Unless otherwise required by the Department, the application forms shall be complete and include the following information:

Notice of Application; Informational Meeting.

The Department shall ensure that the application is available to the public for inspection and copying.

If an informational meeting is held regarding the application, the applicant shall attend the meeting and present information concerning the application.

Tentative Determination.

Notice of Tentative Determination; Public Comment; Public Hearing. The Department shall publish or require the applicant to publish a notice regarding the tentative determination that satisfies the requirements of Environment Article, §1-602, Annotated Code of Maryland. The notice shall provide the opportunity for written public comment for a period of 30 days, which may be extended no more than once by an additional 60 days, upon written request received by the Department within the original comment period. As determined by the Department, the notice shall provide either that a public, nonadjudicatory hearing will be held regarding the tentative determination or that the public may request in writing within 20 days that a public hearing be held. If the Department decides to hold a public hearing because of requests for a hearing from the general public filed in writing within the 20-day request period, or from the applicant, the Department shall publish or require the applicant to publish a notice regarding the hearing that satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland.

Public Comments. If a public hearing is held regarding the tentative determination, the applicant shall attend the hearing and present information concerning the application. Written public comments will be accepted if they are received by the Department at the public hearing or within 5 days after the public hearing or before the close of the public comment period. Oral public comments may be made at the public hearing. The Department shall consider all public comments that raise issues of law or material fact regarding an application for a permit or a tentative determination, but only if the issues are pertinent to requirements of the Clean Air Act or State air pollution control law applicable to the proposed permit to construct. Comments raising issues that relate to the location or nature of a proposed source may be considered only if the commenter first demonstrates to the satisfaction of the Department that the Department is required by law to consider the issues.

Final Determination.

Notice of Final Determination.

Judicial Review.

For the purposes of this regulation, a notice that satisfies the requirements of Environment Article, §1-602(a), Annotated Code of Maryland, is a notice that is published at least once a week for 2 consecutive weeks in a daily newspaper of general circulation in the geographic area in which the source is, or will be, located. The Department may also require the applicant to mail notice to any other person who has requested the notice, or to the person's authorized representative, and may require the applicant to post the notice in the vicinity of the proposed source or at public facilities in the geographic area of the proposed source. The applicant shall bear all costs related to providing the notice.

Applicability. The owner or operator of a source shall comply with the procedures in this regulation when applying for the following:

Procedures. The owner or operator of a source subject to this regulation shall comply with the procedures in §§C—L of this regulation.

Application. The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the Department. The information that the Department requires may vary depending on the type of the source and whether PSD or NSR approval or a permit to construct is sought. The applicant shall provide sufficient information to enable the Department to determine whether the source can comply with the requirements of COMAR 26.11.06.14 for a PSD source, or COMAR 26.11.17 for an NSR source.

Within 10 working days, the Department shall acknowledge receipt of an application for an approval or permit to construct.

After receipt of a complete application, the Department shall:

Notice of Opportunity to Submit Written Comments and to Request a Public Hearing. The applicant shall publish a notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a certification of publication with the Department. The notice shall be made at the applicant's expense, in a format approved by the Department, and include:

Notice of Public Hearing. If the Department schedules a public hearing on an application, the applicant shall publish a notice in at least one newspaper of general circulation in the area concerned. The applicant shall file a copy of the public notice and a certification of publication with the Department. The notice shall:

The Department may decide to proceed directly to a public hearing, in which event the requirements of §§F and G of this regulation will be combined as appropriate to ensure that the public has 30 days notice of the public hearing and 30 days opportunity to provide written comments.

The Department shall consider all public comments that raise issues of law or material fact regarding an application for an approval or permit to construct, but only if the issues are pertinent to requirements applicable to PSD and NSR approvals or permits to construct. Comments raising issues that relate to the location or nature of a proposed source for which approval or permit to construct is sought may not be considered unless the commenter first demonstrates to the satisfaction of the Department that the Department is required by law to consider the comments.

Not later than 60 days after the conclusion of a public comment period or the public hearing, whichever is later, the Department shall issue or deny the approval or permit to construct.

A source for which an approval is obtained under this regulation may not be constructed until a permit to construct is obtained for the source.

In place of all or any portion of the procedures set forth in this regulation, the Department may use all or any portion of the procedures set forth in 40 CFR §52.21 to process an application for approval of a PSD source.

Except for a source that is covered by a Part 70 permit, a person may not operate or cause to be operated any of the following sources without first obtaining, and having in current effect, a State permit to operate as required by this regulation:

In determining whether a source has the potential to have a significant impact on air quality, for purposes of §A(61) of this regulation, the Department shall consider the following:

Section A of this regulation requires a State permit to operate for each emissions unit at a source covered by a Part 70 permit if the emissions unit is not provided for in the Part 70 permit and is a source listed in §A of this regulation. When the Part 70 permit is revised to include the emissions unit, the Part 70 permit constitutes the State permit to operate for that emissions unit.

The Department, on a case-by-case basis, may exempt a source from the requirement for a State permit to operate on the basis of capacity, nature of equipment or materials, amount of emissions, or other evidence that the source has a limited potential to cause air pollution.

The Department may issue a single State permit to operate for two or more sources located at a single facility or the Department may issue two or more State permits to operate for emission units within a source.

A State permit to operate issued by the Department under §A(60) of this regulation is not a required permit to operate under Environment Article, §2-404(a)(1), Annotated Code of Maryland.

Unless it is not practical to do so, a permittee shall maintain all permits in the vicinity of the source for which the permit was issued and make the permit immediately available to officials of the Department upon request.

The Department may issue a general State permit to operate covering similar sources.

Applicability. The owner or operator of a source shall comply with the procedures in this regulation for any source or activity:

Notwithstanding the requirements of §A of this regulation, the procedures of this regulation do not apply to a source for which a general permit to construct is required, as provided in Regulation .09D of this chapter.

The owner or operator of a source subject to this regulation shall submit a complete application on forms provided by the Department. The information that the Department requires may vary depending on the type of source and whether the application is for a permit to construct or State permit to operate. The applicant shall provide information sufficient to enable the Department to begin to determine whether the source can be operated in continuous compliance with all applicable requirements of the Clean Air Act and State air pollution control law. Each application shall include evidence of compliance with the State Workers' Compensation law as required by Environment Article, §1-202, Annotated Code of Maryland. Unless otherwise required by the Department, the application forms for a permit to construct shall be complete and include the following information:

An application for a permit to construct may be submitted at any time. A complete application for an initial State permit to operate shall be submitted not later than 60 days before the source is to commence operating. A complete application for the renewal of a State permit to operate shall be submitted not later than 60 days before the expiration date in a State permit to operate. If a timely application for a renewal has been submitted, the current State permit to operate remains in effect until the Department makes a final decision to issue or deny the permit.

Permits subject to this regulation are not subject to public notice, informational meetings, public hearings, or other public participation procedures which pertain to permits to construct and approvals subject to Regulations .11 and .12 of this chapter and to Part 70 permits.

Not later than 15 days after a permit is denied or a permit is issued with terms or conditions unacceptable to the applicant, the applicant may appeal the denial or the unacceptable terms and conditions. The Department shall refer the appeal to the Office of Administrative Hearings to conduct a contested case hearing. As provided in Environment Article, §1-601(b), Annotated Code of Maryland, only the permit applicant is entitled to a contested case hearing on a permit subject to this regulation. A permit to construct that is appealed is not in effect until the Department makes a final decision following the contested case hearing. Notwithstanding any other provision of this chapter, the procedures of this section also apply to the State-only enforceable conditions of a Part 70 permit.

General Requirements for Sources Requiring a Permit to Construct or Permit to Operate.

New or Modified Electric Generating Stations Constructed by Electric Companies. An electric company applying for a Certificate of Public Convenience and Necessity for a new or modified electric generating station under Article 78, §54A or 54B, Annotated Code of Maryland, or for a modification to an electric generating station under Article 78, §54I, Annotated Code of Maryland, shall pay a fee to the Department when it submits the application to the Public Service Commission. The fee shall be as prescribed in Regulation .18 of this chapter.

Permits and Fees for Portable Equipment.

Permit fees shall be paid by check made payable to the Department of the Environment Clean Air Fund.

A person who submits an application for a permit to construct shall pay one of the following:

Additional Fees.

Annual Fees.

Method of Calculating Fees.

Information Required to be Maintained by a Source.

Emission Certification.

The owner or operator of a source for which a permit to operate is required is responsible for the timely and complete payment of all permit fees required by this chapter.

The owner or operator of the following sources shall apply for and obtain a Part 70 permit unless exempted under §B of this regulation:

Exempted Sources. The following sources are exempt from the requirement for a Part 70 permit:

Requirement for a Part 70 Permit. Except as provided in §D of this regulation, and Regulations .15, .16, .18, and .19 of this chapter, an owner or operator of a Part 70 source may not operate the source after the time that it is required to submit a timely and complete application unless the source is in compliance with a Part 70 permit issued under this chapter.

Application Shield.

The owner or operator of a source for which a Part 70 permit is not required under §A of this regulation may elect to apply to the Department for a Part 70 permit.

The owner or operator of a source that is not covered by a Part 70 permit shall obtain a State permit to operate from the Department, if this permit is required by COMAR 26.11.02.13.

The owner or operator of a source for which a Part 70 permit has been issued by the Department is not required to apply for or obtain a State permit to operate from the Department for those emission units covered by the Part 70 permit.

If the owner or operator of a source agrees to a federally enforceable permit to construct, State permit to operate, or other federally enforceable requirement that limits emissions from the source, a Part 70 permit is not required for the source. This may be accomplished, as provided in COMAR 26.11.02.03, by any means acceptable to the EPA.

Any other applicable requirement of the Clean Air Act or State air pollution control law may apply to a source for which a Part 70 permit is not required.

The Part 70 permit requirements of this chapter and of COMAR 26.11.02 are effective on the date the EPA approves Maryland's Part 70 permit program, including interim or full program approval, to the extent of that approval. The Department will publish notice in the Maryland Register that the EPA has approved the program and the date of approval.

Notwithstanding any other provision of this chapter that requires applying for or obtaining a permit to construct at a different time than applying for or obtaining an initial, renewed, or revised Part 70 permit, the owner or operator of a source for which a Part 70 permit is required may elect, with the approval of the Department, to apply for both permits simultaneously. In this event, the Department shall establish procedures to be followed consistent with the requirements of this chapter and COMAR 26.11.02 so that the public, affected states, and EPA are afforded any notice, comment, and participation rights provided by this chapter and COMAR 26.11.02.

The owner or operator of a source for which a Part 70 permit is required shall submit additional information based upon applicable requirements of the State air pollution control law in addition to the Part 70 permit application. This information shall be submitted on forms provided by the Department. This requirement is State-only enforceable.

Acid Rain Provisions.

The owner or operator of a source for which a Part 70 permit is required is subject to the compliance assurance monitoring (CAM) requirements under 40 CFR Part 64 (2000 edition) which is incorporated by reference.

A person who owns or operates a source for which a Part 70 permit is required by Regulation .01 of this chapter shall submit a timely and complete application for an initial permit or renewal of an existing permit on forms provided by the Department and in accordance with this regulation.

Timely Application.

Complete Application.

An applicant for a Part 70 permit who submits information to the Department under a claim of confidentiality shall also submit a copy of the information directly to the EPA.

Duty to Supplement or Correct Application.

Certification by a Responsible Official. Using the format at COMAR 26.11.02.02F, a responsible official shall certify to the truth, accuracy, and completeness of:

The applicant for a Part 70 permit shall submit a list of emissions units and activities located at a source for which the permit is sought that are exempt under Regulation .04 of this chapter because of size, production rate, or emission rate. This list shall be submitted to the Department on a form provided by the Department at the same time that the Part 70 permit application is submitted.

The applicant for a Part 70 permit shall provide all information relating to applicable requirements of the Clean Air Act, including information claimed to be confidential, that is necessary for the Department to decide whether to issue or deny a Part 70 permit. The information shall be submitted on permit application forms provided by the Department.

Except as otherwise provided in this chapter, the information shall be full and complete for each emission unit at the Part 70 source and include:

Under §B(17)(d) of this regulation, the schedule of compliance shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with each applicable requirement for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of compliance shall be supplemental to, and may not sanction noncompliance with, the applicable requirements on which it is based. The schedule of compliance shall begin at the time that the application is submitted, but the applicant may project the compliance status of the source to the time that the permit should be issued.

The compliance plan required by §B(17) of this regulation applies to and shall include the acid rain portion of a compliance plan for an affected source, except as otherwise provided by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70 regarding how the source will comply with acid rain emission limitations.

Additional Information.

The following emission units and activities need not be included in the permit application, except to the extent required by COMAR 26.11.03.02G:

Potential emissions from all exempt emission units and activities shall be included in the determination of whether a source is a major source.

A permit applicant may not omit information on an emissions unit that is necessary to determine the applicability of, or to impose, an applicable requirement of the Clean Air Act.

The listing of emissions units and activities in §A of this regulation does not exempt an emissions unit or activity from any requirement of this subtitle except as specified in this regulation.

Emissions units or activities that use Class I or Class II ozone-depleting substances subject to an applicable requirement established under Title VI of the Clean Air Act are not exempt from the Part 70 permit application.

For all major sources, the Department shall include in the Part 70 permit for a source all applicable requirements of the Clean Air Act for all relevant emission units at the major source.

For a nonmajor source for which a Part 70 permit is required as provided in Regulation .01 of this chapter, the Department shall include in the permit all applicable requirements of the Clean Air Act for all emission units that cause the source to be subject to this regulation.

Fugitive Emissions. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 permit in the same manner as stack or other confined emissions, regardless of whether the source is within a category included in the list of sources contained in the definition of major source.

Duration of Part 70 Permits.

State-Only Enforceable Conditions. The Department may include conditions in a Part 70 permit to be designated in the permit as being “State-only enforceable” if they are based upon applicable requirements of the State air pollution control law that are not federally enforceable. As provided at Regulation .13A(2) of this chapter, the criteria for issuing or denying the State-only enforceable condition of a Part 70 permit are specified at COMAR 26.11.02.06C. As provided at Regulation .11G of this chapter, only the applicant may challenge the State-only enforceable conditions of a Part 70 permit. These State-only enforceable conditions are not otherwise subject to the requirements of Regulations .07—.12 of this chapter.

At a minimum, the Department shall include in each Part 70 permit the following terms and conditions that are based upon applicable requirements of the Clean Air Act:

Emission Limitations and Standards.

Monitoring, Record Keeping, and Reporting.

Lawful Allowance.

Miscellaneous Provisions.

Emissions Trading. Provisions for emissions trading:

Compliance Requirements.

Applicability.

Public Notice Requirements.

Format for Public Notice. The public notice required by §B of this regulation shall include the following minimum information:

The Department shall provide at least 30 days for public comment on a draft Part 70 permit, renewal, or revision subject to this regulation. During the 30-day public comment period, a person may submit written comments and may submit a written request for a nonadjudicatory public hearing if a hearing has not been scheduled. The Department shall consider all public comments that raise issues of law or material fact regarding an application for a Part 70 permit, renewal, or revision, but only if the issues are germane to applicable requirements of Title V of the Clean Air Act, and the regulations implementing the Title V program in Maryland. Comments raising issues that relate to the location or nature of a source or an emissions unit subject to a Part 70 permit may not be considered unless the commenter demonstrates to the satisfaction of the Department that the Department is required by law to consider the issues in issuing or denying the Part 70 permit.

A request for a public hearing shall include the following information:

The Department will hold a public nonadjudicatory hearing if the Department determines, on the basis of requests, that there is significant public interest in the draft Part 70 permit, renewal, or revision. The Department or the applicant shall give notice of a nonadjudicatory public hearing at least 30 days before the hearing.

The Department shall keep a record of the identity of the commenters, to the extent that they identified themselves, and a summary of the issues raised during the public comment period so that the EPA may fulfill its obligation under §505(b)(2) of the Clean Air Act to determine whether a citizen petition may be granted. This information shall be available to the public. Reasonable limits may be set on the time allowed for oral statements made at a public hearing.

The Department shall provide notice of each draft Part 70 permit, significant permit modification, and draft permit renewal to each affected state not later than the date that the public notification required by Regulation .07 of this chapter is provided. Notification of a minor permit modification shall be sent within 5 days of receipt of a complete application, as provided in Regulation .16E of this chapter. As provided in Regulation .15 of this chapter, administrative permit amendments are not subject to this regulation. Notice of a reopened permit shall also be provided to affected states for review not later than the date that the public notification is required by Regulation .07 of this chapter.

An affected state shall have 30 days from the date of notification provided in §A of this regulation to provide comments to the Department.

The Department shall notify in writing the EPA and any affected state that submitted comments within the 30-day comment period of a decision by the Department not to incorporate any recommendation from that affected state into the proposed permit. This notice shall be sent with the proposed permit to the EPA, or as soon as possible after the submittal of minor permit modifications, as provided at Regulation .16 of this chapter, and shall include the Department's reasons for not accepting the recommendations. The Department shall refuse to accept a recommendation that is not based on the requirements of 40 CFR Part 70 or other applicable requirement of the Clean Air Act.

The Department shall provide the EPA with a copy of each application for a Part 70 permit, including an application for a permit revision, each proposed permit, and each final Part 70 permit, unless the EPA agrees to accept a summary of the application and related information. The Department may require the applicant to submit a copy of the permit application, including the compliance plan directly to the EPA.

Except for administrative permit amendments for which notice to the EPA is not required, the Department may not issue or revise the federally enforceable provisions of a Part 70 permit if the EPA:

If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during the public comment period provided in Regulation .07D of this chapter, unless:

A person submitting a petition for review to the EPA under this regulation shall provide the Department and the applicant with a copy of the petition when it is provided to the EPA.

If the EPA objects to a Part 70 permit as a result of a petition for review filed under this regulation, the Department may not issue the permit until EPA's objection has been resolved. A petition for review does not stay the effectiveness of a Part 70 permit or its requirements if the permit was issued after the end of the 45-day review period and before an EPA objection.

If the Department has issued a Part 70 permit before receipt of an EPA objection under this regulation, the Department has 90 days from receipt of the EPA objection to resolve the objection and to reopen and revise or revoke the permit. If the Department fails to resolve the EPA objection and EPA then reopens and revises or revokes the permit in accordance with 40 CFR §70.8(d), the Department thereafter may issue only a revised Part 70 permit that satisfies the EPA's objection. In this event, the owner or operator of the source is not in violation of the requirement to have submitted a timely and complete application if the owner or operator timely provides the Department with all information necessary to revise the permit.

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.

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.

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.

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.

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.

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.

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.

Final Decisions. Final decisions of the Department regarding Part 70 permits are subject to judicial review as provided in this regulation. The following decisions are final:

Notwithstanding §A of this regulation, a decision by the Department regarding a Part 70 permit is not final if a petition pursuant to Regulation .10 of this chapter is pending before the EPA, if an EPA objection to the permit has not been resolved, or if any other action is pending before the EPA, if the action was initiated with EPA or by EPA not later than 90 days after the Department's decision to issue a permit. A person who is uncertain whether a decision of the Department is not final because action is pending before the EPA shall request the Department to determine whether the action is pending. The Department shall consult with the EPA and respond in writing to a request within 20 days of receiving it.

Form of Judicial Review.

Time Limit for and Scope of Judicial Review.

Record for Judicial Review.

Action on Applications for a Part 70 Permit.

Part 70 Permit Renewal and Expiration.

No Default Issuance. As provided in COMAR 26.11.02.02I, failure of the Department to act on a Part 70 permit application is not deemed issuance by default.

The permittee shall submit an application to the Department to revise a Part 70 permit when required under Regulations .15—.17 of this chapter.

The applicant for a revision to a Part 70 permit shall comply with the requirements of Regulations .02 and .03 of this chapter and this regulation except that the application need include only information listed that is related to the proposed change to the source and revision to the permit. This information shall be sufficient to evaluate the proposed change and to determine whether it will comply with all applicable requirements of the Clean Air Act.

A permittee may not change any provision of a compliance plan or schedule in a Part 70 permit as an administrative permit amendment or a minor permit modification unless the change has been approved by the Department in writing.

On-permit and off-permit changes made to a Part 70 source, in accordance with Regulations .19 and .20 of this chapter, do not result in a revision to a Part 70 permit because the terms and conditions of the permit are not revised to reflect the change to the source.

A permittee may apply to the Department to make an administrative permit amendment to a Part 70 permit, as provided in this regulation. The application shall:

An administrative permit amendment is a Part 70 permit revision that:

The Department may approve an administrative permit amendment to a Part 70 permit, consistent with the requirements of this regulation, except for a permit modification for the acid rain portion of a Part 70 permit which is governed by regulations promulgated under Title IV of the Clean Air Act.

The Department shall take final action to approve or deny an administrative permit amendment within 60 days of receipt of a complete application. An amendment to a Part 70 permit under this regulation may be made without providing notice to the public or affected states. The Department shall identify in the permit an amendment made under this regulation.

The Department shall submit a copy of the revised Part 70 permit to the EPA.

The permittee may make the change addressed in the application for an administrative amendment upon receipt by the Department of the application, if all permits to construct or approvals otherwise required by this chapter with respect to the change have first been obtained from the Department.

The permit shield in Regulation .23 of this chapter applies to administrative permit amendments made under §B(5) of this regulation but only after the Department takes final action to revise the permit.

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

A permittee may apply to the Department to make a minor modification to the federally enforceable provisions of a Part 70 permit, as provided in this regulation.

A minor permit modification is a Part 70 permit revision that:

The terms and conditions described in §B(4) of this regulation include:

Application for a Minor Permit Modification. The permittee shall submit to the Department an application for a minor permit modification that satisfies the requirements of Regulation .03 of this chapter, and which includes the following:

EPA and Affected State Notification. Not later than 5 working days after receipt of a complete application, the Department shall notify EPA and affected states of an application for a minor permit modification, as required by Regulations .08A and .09A of this chapter. The Department shall promptly send to EPA any notice required under Regulation .08C of this chapter.

Timetable for Issuance.

Permittee's Ability to Make Change.

Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to minor permit modifications.

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

Notwithstanding any provision of this chapter, minor permit modification procedures may be used for Part 70 permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, but only to the extent that the minor permit modification procedures are explicitly provided for in regulations approved by the EPA as part of that Maryland SIP or in other applicable requirements of the Clean Air Act.

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

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.

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.

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:

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).

Permittee's Ability to Make Change.

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.

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

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.

A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if:

The permittee shall notify the Department and the EPA in writing of a proposed change under this regulation not later than 7 days before the change is made.

The written notification required by §B of this regulation shall include:

The permittee, the Department, and EPA shall attach each notice required by §B of this regulation to their copy of the Part 70 permit.

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

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

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

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 or violates any requirement of the State air pollution control law.

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:

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.

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

The permittee shall keep a record describing:

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

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

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

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.

Reopening a Part 70 Permit by the Department.

Discretionary Reopening by EPA. The EPA may reopen a Part 70 permit as prescribed in 40 CFR §70.7(g).

Procedures for Reopening a Part 70 Permit by the Department.

Extension of Expiration Date of Permit. This regulation does not apply to an extension of the expiration date of a Part 70 permit unless the entire permit is reopened and the requirements of this chapter for renewal of a Part 70 permit are followed.

Other Actions Not Limited. This regulation is not a limitation on the authority of the Department to bring or pursue at any time any administrative, civil, or criminal judicial action authorized by law for violation of a Part 70 permit, including actions for penalties and injunctive relief. The Department may reopen and revise or revoke a Part 70 permit while administrative or judicial enforcement action is pending or after it has ended.

Summary Revocation of a Permit. Notwithstanding any other provision of this chapter, in order to protect the public health, the Department may initiate administrative action to revoke a permit using the minimum procedures necessary to protect the rights of the permittee. These procedures may include summary revocation by the Department of a Part 70 permit and, if necessary, judicial actions to enforce the summary revocation pending administrative proceedings and judicial review to determine whether the permit should be revoked permanently or revised, or other appropriate action taken.

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.

The Department shall maintain records of the public comments and issues raised during the public participation process.

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.

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.

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.

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.

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.

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.

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.

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.

An applicant for and a permittee subject to a general permit is subject to the requirements of COMAR 26.11.02.16 and shall pay the annual fee in accordance with COMAR 26.11.02.17—.19.

Notwithstanding any other provision of this chapter, the provisions of Regulations .14—.19 of this chapter, regarding revisions, apply to a general permit.

A temporary source is a Part 70 source that the applicant intends to relocate from one site to another site at least once during the term of the permit. The owner or operator of a temporary source that is required to obtain a Part 70 permit, under Regulation .01 of this chapter, shall apply for the Part 70 permit in accordance with the requirements of this chapter.

The Department may issue a single Part 70 permit that authorizes operation of a temporary source at multiple sites.

The Department may not issue a permit as a temporary source to an affected source under the acid rain program.

Part 70 permits for temporary sources shall include:

The owner or operator of a temporary source shall create and maintain records of the duration of its stay at a site, in addition to the other records required under this subtitle.

Except as provided in this chapter, the Department may expressly include in a Part 70 permit a provision stating that compliance with the federally enforceable conditions of the permit is deemed to be in compliance with all applicable requirements of the Clean Air Act as of the date of permit issuance.

The permit shield shall cover only the following:

The permit shield does not apply to terms and conditions of a permit that were based on erroneous information submitted by the permittee in its application.

A Part 70 permit that does not expressly state that a permit shield exists is not subject to the shield.

This regulation or a Part 70 permit does not alter or affect the following:

The permit shield does not apply to and is not affected by any conditions in a Part 70 permit designated as “State-only enforceable”.

“Fluorides” means any matter containing the element fluorine in a combined form.

Ambient air quality standards for fluorides are those concentrations in the ambient air or in other substances which result in the following values being exceeded:

Monitoring and Measurement of Fluoride. The methodologies to be used for the monitoring and measurement of fluoride shall be those specified in Method 1005 of the Department's Technical Memorandum 91-01, “Test Methods and Equipment Specifications for Stationary Sources” (January 1991), which is incorporated by reference in COMAR 26.11.01.04C.

“Air Stagnation Advisory (ASA)” means a forecasted atmospheric stagnation that is expected to last 36 hours or more.

“Atmospheric stagnation” means a measure of the inability of the atmosphere to adequately dilute and disperse pollutants emitted into it, based on values of specific meteorological parameters of the microscale, mesoscale, and macroscale features, and which satisfies the criteria established by the National Meteorological Center set forth in Environmental Science Service Administration Technical Memorandum WBTM-NMC 47 published by the Department of Commerce, May, 1970.

“Chemical and allied products industries” means establishments engaged in the manufacture of:

“Emergency” means a sudden, unexpected, and unforeseen condition of such public gravity and exigency as to require immediate action, or a condition which is predicted with reasonable certainty to require immediate action to carry out the purposes of this subtitle.

“Glass, clay and concrete products industries” means establishments engaged in the manufacture of glass, glassware, textile fibers, glass insulation, wool, structured clay products, concrete products, gypsum and plastic products, lime abrasives, and asbestos (Standard Industrial Classification, Major Group 32).

“Paper and allied products industries” means establishments engaged in manufacturing wood pulp from wood or other materials and the manufacture of paper, paperboard, and building paper (Standard Industrial Classification, Major Group 26).

“Petroleum refining and related industries” means establishments engaged in petroleum refining, the manufacture of paving and roofing materials from petroleum products, and compounding paving and building materials and petroleum products (Standard Industrial Classification, Major Group 29).

“Pollutant Standards Index (PSI)” means a standardized reporting system for advising the public of possible adverse health effects due to air pollution. PSI is a reporting tool that converts measured air pollutant concentrations to a simple number on a scale of 0 to 500. A level of 100 on the PSI scale corresponds to the National Ambient Air Quality Standard for ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, or particulate matter. Only the highest PSI is reported for any one period. The levels between 0 and 100 correspond to a percentage of the standard, while the levels between 100 and 500 are uniform intervals between the National Ambient Air Quality Standard and the “significant harm level”, as defined by the U.S. Environmental Protection Agency.

“Primary metals industries” means establishments engaged in the:

“Special Dispersion Statement (SDS)” means a forecasted atmospheric stagnation that is expected to last more than 12 hours but less than 36 hours.

An air pollution episode system establishes standards and procedures to be followed whenever pollution of the air has the potential of reaching an emergency condition if allowed to go unchecked.

Whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air pollution may attain, is attaining, or has attained a level or levels considered injurious to human health, conditions of air pollution designated as Standby Watch, Health Advisory, Alert, Warning, and Emergency shall be declared. In making a determination, the Governor, the Secretary, or the Secretary's designee shall be guided by criteria defined in Regulation .03 of this chapter.

To assure compliance with this chapter, sources designated by the Secretary or the Secretary's designee shall submit standby emission reduction plans in accordance with Regulation .04 of this chapter. In accordance with the standby emission reduction
plans, standby orders as specified in Regulation .05 of this chapter shall be implemented as a designated level is reached.

Nothing contained in these regulations shall be construed as allowing, permitting, or maintaining an emission from any installation in the State to be subject to a lesser degree of control as may be required for existing or new regulations adopted by the Secretary.

During air pollution episodes, sources having an interstate air pollution potential shall be governed by the following:

A condition justifying the proclamation of a Standby Watch, Health Advisory, Alert, Warning, or Emergency shall be deemed to exist whenever the Governor, the Secretary, or the Secretary's designee determines that the accumulation of air pollutants in any place, locality, county, or other area in the State may attain, is attaining, or has attained levels which, if sustained or exceeded, would lead to a threat to the health of the public. In making this determination, the Secretary or his designee shall be guided by the specified conditions in §§B, C, and D, of this regulation.

Episode Criteria.

An episode condition has been reached if ambient air quality is measured to be in excess of the designated levels at any monitoring site in the State, except when elevated pollution levels exist in an area that may be reduced by controlling emissions from one or a few individual sources contributing to the condition. The localized condition shall be known as an incident, and the involved individual sources shall be subject to the same provisions as listed for the abatement of episodes.

All episode stages may be activated on the basis of deteriorating air quality alone; that is, an atmospheric stagnation forecast need not be in effect. (Subject to the conditions specified in §B(2), (3), (4), and (5) of this regulation.)

When requested by the Department, any person responsible for the operation of an installation specifically identified in Table I, II, or III of this chapter shall prepare in writing, standby emission reduction plans, consistent with good industrial practice and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, II, and III as applicable.

When requested by the Department, any person responsible for the operation of a source of emissions not specifically identified under §A shall prepare, in writing, standby emission reduction plans, consistent with good industrial practice and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, II, and III as applicable.

Standby emission reduction plans as required in §§A and B, of this regulation, shall be in writing and show the source of emissions, the approximate amount of reduction of emissions to be achieved, the time necessary to achieve the reduction after being notified to implement the plan, and a description of the manner in which the reduction will be achieved during an Alert, Warning, and Emergency period in accordance with the objectives set forth in Tables I, II, and III. These plans shall be submitted in the form specified by the Department.

During a condition of Alert, Warning, or Emergency, standby emission reduction plans as required by this regulation shall be made immediately available on the premises to any person authorized to enforce regulations promulgated under terms of the Air Quality Control Act.

Standby emission reduction plans as required by this regulation shall be submitted to the Department upon request within 30 days of receipt of the request. Standby emission reduction plans shall be subject to review and approval by the Department. If, in the opinion of the Department, the standby emission reduction plans do not carry out the objectives set forth in Tables I, II, and III, the Department may disapprove of the standby emission reduction plans, state its reason for disapproval, and recommend specific amendments to the proposed standby emission reduction plans. The revised plans shall be resubmitted within a time period specified by the Department.

Any person aggrieved by an order requiring the preparation of a revised plan shall be entitled to a hearing, upon written request filed within 10 days after the receipt of the order. When a hearing is requested by the aggrieved, it shall be held pursuant to Environment Article, §2-605, Annotated Code of Maryland.

If any person fails to submit a standby emission reduction plan within the time period specified, or if, in the opinion of the Department, a submitted plan does not carry out the objectives set forth in Tables I, II, and III, the Department shall promulgate such standby emission reduction as will meet the objectives set forth in Tables I, II, and III. The plan shall thereafter be the standby emission reduction plan which the person responsible shall put into effect upon the declaration by the Secretary or the Governor of an air pollution Alert, Warning, or Emergency.

Standby Watch Stage and Health Advisory Stage. Specified open burning and all public insecticide and herbicide spraying shall cease, if so requested by the cognizant local government control officer in public announcements or otherwise.

Alert Stage.

Warning Stage.

Emergency Stage.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

General Exceptions.

Case-by-Case Exception to Visible Emissions Standards.

Visible Emission Standards.

Calculations. All calculations of particulate matter emissions shall be made in terms of grains per standard cubic foot (milligrams per standard cubic meter) of dry exhaust gas (gr/SCFD) (mg/dscm).

Particulate Matter from Confined Sources.

Particulate Matter from Unconfined Sources.

Particulate Matter from Materials Handling and Construction. A person may not cause or permit any material to be handled, transported, or stored, or a building, its appurtenances, or a road to be used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. These reasonable precautions shall include, but not be limited to, the following when appropriate as determined by the control officer:

Applicability and Exceptions.

General Requirements.

General Conditions. All calculations of emissions governed by this regulation shall be adjusted to standard conditions and 7 percent oxygen. “PPM” means parts per million by volume.

Areas I, II, V and VI.

Areas III and IV.

Exceptions. The Secretary may authorize the operation of a scavenger or recovery plant to reclaim sulfur compounds which would otherwise be emitted into the air, provided the operation of the scavenger or recovery plant would reduce total emissions of sulfur compounds at least 95 percent with the plant in operation, compared to emissions when the plant is not operating. This authorization may result in emissions of sulfur compounds whose concentrations exceed those permitted by §§B and C of this regulation. This section does not apply to sulfuric acid manufacturing operations.

Applicability.

Control of VOC from Installations.

VOC-Water Separators. A person may not cause or permit the discharge of VOC from single or multiple compartment VOC-water separators that receive effluent water containing 200 gallons (757 liters) of VOC or more per day with a true vapor pressure of 1.5 psi (10 kilonewtons/square meter) or greater unless one or more of the following vapor control devices are properly installed and operated:

VOC Disposal.

Exceptions.

Definitions.

Control of Sources of Fluoride Emissions.

Testing and Determination of Compliance.

Maintenance of Records.

Definition.

General Requirements.