<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".09" citation="COMAR 26.11.02.09" title_num="26" subtitle_num="11" chapter_num="02" heading="Sources Subject to Permits to Construct and Approvals.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>New Source Review Source (NSR source), as defined at COMAR 26.11.01.01—approval required, except for 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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prevention of Significant Deterioration (PSD) Source, as defined at COMAR 26.11.01.01—approval required, except for 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;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>New Source Performance Standard Source (NSPS source), as defined at COMAR 26.11.01.01 — permit to construct required, except for 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;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR 26.11.01.01B(21)(a) — permit to construct required, except for 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;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—permit to construct required;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All sources, including installations and air pollution control equipment, except as listed in Regulation .10 of this chapter—permit to construct required.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
  <paragraph num="D.">
    <text>General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions units, or control equipment.</text>
  </paragraph>
</regulation>