<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".14" citation="COMAR 26.11.02.14" title_num="26" subtitle_num="11" chapter_num="02" heading="Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources.">
  <paragraph num="A.">
    <text>Applicability. The owner or operator of a source shall comply with the procedures in this regulation for any source or activity:</text>
    <paragraph num="(1)">
      <text>That is not listed in Regulation .11A or .12 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That constitutes air pollution control equipment for which a permit to construct is required, as provided in Regulations .09 and .10 of this chapter, and that will control an existing source.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>For process or manufacturing equipment or operations:</text>
      <paragraph num="(a)">
        <text>Drawings that depict the layout of the equipment or operations;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Flow sheets that depict how the equipment or operations relate to each other;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Material balance sheets;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Equipment drawings and literature; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Purchase specifications;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>For air pollution control equipment:</text>
      <paragraph num="(a)">
        <text>Vendor proposals or quotations;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Vendor guarantees;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Equipment drawings and literature; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Purchase specifications;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>For a source that will be located at a new facility:</text>
      <paragraph num="(a)">
        <text>An area map; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If requested, additional information regarding the nature of the area, including distances to residences and other buildings.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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.</text>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
</regulation>