# COMAR Title 26 — Department of the Environment ## Subtitle 11 — Air Quality ### Chapter 03 — Permits, Approvals, and Registration — Title V Permits **Authority:** Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-401, 2-403, and 2-404, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Chapter, State-Adopted National Ambient Air Quality Standards and Guidelines, recodified from COMAR 26.11.03.01—.07 to COMAR 26.11.04.03—.09, effective May 8, 1995 (22:9 Md. R. 648) **Administrative History:** Editor's note: Regulations .01—.24, Permits, Approvals, and Registration—Part 70 Permits, as well as the Part 70 permit requirements of COMAR 26.11.02 were effective on August 2, 1996, the date the EPA approved Maryland's program (24:5 Md. R. 413). **Administrative History:** Regulation .01B amended and .01M adopted effective June 16, 1997 (24:12 Md. R. 866) **Administrative History:** Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843) **Administrative History:** Chapter revised effective July 9, 2001 (28:13 Md. R. 1217) **Administrative History:** Regulation .01B amended effective December 10, 2001 (28:24 Md.2130) **Administrative History:** Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138) **Administrative History:** Regulation .06C amended effective November 11, 2002 (29:22 Md. R. 1724) **Administrative History:** Regulation .12D amended effective November 11, 2002 (29:22 Md. R. 1724) **Administrative History:** Regulation .18A amended effective December 10, 2001 (28:24 Md.2130) **Administrative History:** Regulation .19D amended effective December 10, 2001 (28:24 Md.2130) #### Regulation .01 Applicability and General Requirements. *COMAR 26.11.03.01* A. The owner or operator of the following sources shall apply for and obtain a Part 70 permit unless exempted under §B of this regulation: (1) A major source; (2) A source, including an area source, subject to a standard, limitation, or other requirement under §111 of the Clean Air Act; (3) A source, including an area source, subject to a standard or other requirement under §112 of the Clean Air Act, except that a source is not required to obtain a Part 70 permit solely because it is subject to regulations or requirements under §112(r) of the Clean Air Act; (4) An affected source; and (5) A source in a source category designated by the EPA pursuant to 40 CFR §70.3. B. Exempted Sources. The following sources are exempt from the requirement for a Part 70 permit: (1) A source or source category for which a Part 70 permit would be required solely because it is subject to standards of performance for new residential wood heaters under 40 CFR Part 60, Subpart AAA; (2) A source or source category for which a Part 70 permit would be required solely because it is subject to 40 CFR Part 61, Subpart M, concerning National Emission Standards for Hazardous Air Pollutants for Asbestos under 40 CFR §61.145; and (3) A source listed in §A of this regulation that is not a major source, affected source, or solid waste incineration unit for which a permit is required by §129(e) of the Clean Air Act, until the EPA determines in a final rule that the applicable source is required to obtain a Part 70 permit. C. 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. D. Application Shield. (1) If the owner or operator of a Part 70 source submits a timely and complete application for a permit, including an application for renewal, as provided in Regulations .02 and .03 of this chapter, the failure to obtain a Part 70 permit is not a violation of this chapter and the source may continue to be operated in compliance with a permit issued under this chapter until the Department takes final action. This application shield ends if the applicant fails to submit by the deadline specified in writing by the Department any additional information pertaining to applicable requirements of the Clean Air Act needed to process the application, as provided by Regulation .02C(3) of this chapter. (2) Information required under §L of this regulation does not affect the status of the application shield. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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. K. 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. L. 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. M. Acid Rain Provisions. (1) The Department incorporates by reference the provisions of 40 CFR 72, as amended, with the exception that the “permitting authority” means the Department. (2) A person who constructs, modifies, or operates, or causes to be constructed, modified, or operated, an acid rain source, as defined in COMAR 26.11.02.01B(1) shall comply with 40 CFR 72, as amended. N. 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. #### Regulation .02 Applications for Part 70 Permits. *COMAR 26.11.03.02* A. 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. B. Timely Application. (1) An application for a Part 70 permit is timely if the application meets the requirements of this section. (2) Initial Part 70 Permits. (a) For existing sources for which a Part 70 permit is required on the effective date of these regulations, the applicant shall submit a complete permit application to the Department not later than as provided in the following schedule: (i) For sources in SIC codes major groups 40 through 89, 4 months after the effective date of the Part 70 permit requirements, unless otherwise approved by the Department; (ii) For sources in SIC codes major groups 01 through 17, 8 months after the effective date of the Part 70 permit requirements, unless otherwise approved by the Department; (iii) For all remaining sources for which a Part 70 permit is required, 12 months after the effective date of the Part 70 permit requirements. (b) If more than one SIC code describes the activities at a source, the SIC code that represents the primary type of activity is controlling. (3) Part 70 Permit Renewal. (a) Except as provided in §B(3)(b) of this regulation, the permittee shall submit a complete application for renewal of a Part 70 permit to the Department not later than 6 months before the expiration date of the current Part 70 permit. (b) The Department may require in a Part 70 permit that a complete application for renewal be submitted earlier than 6 months, but not earlier than 12 months, before the expiration date. (4) The owner or operator of a source that becomes subject to the requirement to obtain a Part 70 permit, as provided in Regulation .01 of this chapter, after the effective date of the Part 70 permit program, shall submit a complete application to the Department not later than 12 months after the date that the source commences operations or becomes subject to the requirements for a Part 70 permit, whichever is later. If an existing Part 70 permit prohibits construction or change in operation, the source shall obtain a permit revision before commencing operation. (5) For a change to a source that is covered by a Part 70 permit, the permittee shall submit an application for a permit revision, as provided in Regulations .14—.17 of this chapter, unless this chapter allows the change to be made without revising the permit. (6) Acid Rain Sources. The owner or operator of a source subject to the requirements for Phase II acid rain permits, under Title IV of the Clean Air Act, shall submit an acid rain permit application to the Department by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. C. Complete Application. (1) An application for a Part 70 permit is complete if the application includes all information required by this regulation and Regulation .03 of this chapter pertaining to applicable requirements of the Clean Air Act, except that applications for revisions to Part 70 permits need only include information that is related to a proposed change at the source covered by the permit. The application shall be sufficient for the Department to begin to evaluate the source for which the permit is sought, including all emissions units within the source, and to determine all applicable requirements of the Clean Air Act. (2) Except as otherwise provided in §B(3) of this regulation, an application for a Part 70 permit is considered complete unless the Department determines that the application is not complete within 60 days of its receipt. If the Department determines that the application is not complete, it shall notify the applicant in writing of the basis for this determination. (3) If, while reviewing an application that has been determined to be complete, the Department determines that additional information pertaining to applicable requirements of the Clean Air Act is necessary to evaluate or take final action on that application, the Department may request that information in writing and set a reasonable deadline for a response. If the applicant does not respond to a request for additional information within the time period specified by the Department, as provided in Regulation .01D of this chapter, the application shield for the source ends. If the time for submitting a timely application has expired, the Department will not determine that an application is incomplete without providing notice to the applicant and at least 10 days to provide additional information. D. 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. E. Duty to Supplement or Correct Application. (1) An applicant who fails to submit any relevant information or who has submitted incorrect information in a permit application shall, not later than 10 days after becoming aware that this has occurred, submit the additional or corrected information to the Department. (2) An applicant for a Part 70 permit shall provide supplemental information to the Department to address any new requirement that is adopted after the application is filed but before the release of a draft permit. This information shall be provided not later than 20 days after a new requirement is adopted. F. 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: (1) Each application, report, and compliance certification required by this chapter; or (2) A Part 70 permit to be submitted to the Department. G. 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. #### Regulation .03 Information Required as Part of Application for a Part 70 Permit. *COMAR 26.11.03.03* A. 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. B. 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: (1) Information that fully identifies the source, including: (a) Company and source name and address, (b) All owner and operator names and addresses, (c) Plant telephone number and emergency 24-hour telephone number of the facility at which the source is located, and (d) Names of all of the facility managers and other contacts; (2) A description of the processes and products related to the source, including SIC codes, and any alternate operating scenarios; (3) All emissions of pollutants for which the source is major and type and quantity of all emissions of regulated air pollutants, calculated as required by the Department, including: (a) Sufficient information to verify which requirements are applicable to each emission unit and to collect any permit fees owed, and (b) Fugitive emissions in the same manner as stack and other confined emissions; (4) A description and location of all emissions units within the source, including a plot plan of the entire source; (5) Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; (6) A description of all fuels, including the quantities used of each type of fuel, raw materials, production rates, and operating schedules; (7) A description and location of all air pollution control equipment, continuous emission monitoring (CEM) devices, compliance monitoring devices or activities, and all other equipment or devices at the source used to monitor, capture, control, contain, or prevent emissions; (8) A description of all maintenance schedules, preventative measures, work practices, and any other actions, that are applicable requirements of the Clean Air Act, taken to assure proper operation and prevent malfunctions of process and control equipment; (9) All limitations on source operation affecting emissions and any work practice standards, that are applicable requirements of the Clean Air Act, for all regulated pollutants; (10) All other emissions information required to demonstrate compliance with all applicable requirements of the Clean Air Act, including: (a) Stack or vent discharge parameters, including stack height, stack diameter, and plume temperature, (b) Fugitive emission discharge parameters, (c) Flow rates, and (d) Building dimensions; (11) Calculations on which the information required in §B(1)—(10) of this regulation is based; (12) A citation to and description of all applicable requirements of the Clean Air Act; (13) A listing for each emissions unit within the source required to be covered by a Part 70 permit, or for which a source is opting to seek coverage under Regulation .01E of this chapter, and of any applicable test methods for determining compliance with each applicable requirement of the Clean Air Act; (14) Any other information that may be necessary to implement and enforce any standard or other applicable requirement of the Clean Air Act or to determine the applicability of these requirements; (15) An explanation of proposed exemptions from otherwise applicable requirements of the Clean Air Act; (16) All information that the Department determines is necessary regarding alternative operating scenarios that the applicant requests to include in the Part 70 permit pursuant to Regulation .06A(9) of this chapter or to define permit terms and conditions implementing the provisions of Regulations .06A(8) and (10), .06B(3), .06F, and .18 of this chapter; (17) A compliance plan description and schedule for the Part 70 sources that contain the following: (a) A description of the compliance status of the source with respect to all applicable requirements of the Clean Air Act, (b) For applicable requirements of the Clean Air Act for which the source will be in compliance when the permit is issued, a statement that the source will continue to comply with these requirements, (c) For applicable requirements of the Clean Air Act that will become effective during the permit term, a statement that the source will meet the requirements on the effective dates, unless a more detailed schedule is expressly required by the applicable requirement, (d) For applicable requirements of the Clean Air Act for which the source will not be in compliance at the time of permit issuance, a description of how the applicant will achieve compliance with the requirements and a schedule of compliance as described in §C of this regulation, (e) A schedule for submission of certified progress reports, at least quarterly, to the Department for sources required to have a schedule of compliance to remedy a violation; (18) A certification of compliance with all applicable requirements of the Clean Air Act by a responsible official, as provided in Regulation .02F of this chapter and §114(a)(3) of the Clean Air Act; (19) A schedule for submission of compliance certifications during the permit term, to be submitted annually or more frequently if specified by an applicable requirement of the Clean Air Act or a permit condition determined by the Department; (20) The applicant's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act; (21) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by 40 CFR Parts 72, 73, 75, and 76 as applicable to 40 CFR Part 70; (22) A proposed monitoring, testing, record keeping, and reporting protocol for each emission unit; (23) A statement certifying that a risk management plan has or will be submitted, if a plan is required under §112(r) of the Clean Air Act; (24) Additional information that the Department determines is required to determine whether a Part 70 permit should provide for emissions trading among the emissions units within a source, as provided in Regulation .06A(8) and (10) of this chapter. C. 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. D. 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. E. Additional Information. (1) Notwithstanding the other provisions of this chapter, the applicant for a Part 70 permit shall include in the application all information needed: (a) To determine if the source is subject to all applicable requirements of the Clean Air Act; (b) To ensure that all applicable requirements of the Clean Air Act are included in the permit; and (c) To determine the annual permit fee required by COMAR 26.11.02.16—.19. (2) The applicant may include in the application only an aggregate estimate of emissions from all collective emission units and activities exempt as provided in Regulation .04 of this chapter together with the assumptions used to estimate those emissions. #### Regulation .04 Emissions Units and Activities Exempt from the Part 70 Permit Application. *COMAR 26.11.03.04* A. 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: (1) Space heaters operating by direct heat transfer and used solely for comfort heat; (2) Brazing, soldering, welding equipment and cutting torches related to manufacturing and construction activities that emit HAP metals and not directly related to plant maintenance upkeep and repair or maintenance shop activities; (3) Lubricating oil storage tanks; (4) Unheated storage tanks containing VOC with an initial boiling point of 300°F (149°C) or greater; (5) Storage tanks containing Numbers 1, 2, 4, 5, and 6 fuel oil and aviation jet engine fuel; (6) First aid and emergency medical care provided at the facility, including related activities such as sterilization and medicine preparation used in support of a manufacturing or production process; (7) Certain recreational equipment and activities, such as fireplaces, barbecue pits and cookers, fireworks displays, and kerosene fuel use; (8) Potable water treatment equipment, not including air stripping equipment; (9) Noncontact water (i.e., water that has not been in direct contact with process fluids) cooling towers except as regulated under §112 of the Clean Air Act; (10) Firing and testing of military weapons and explosives; (11) Emission resulting from the use of explosives for blasting at quarrying operations and from the required disposal of boxes used to ship the explosive; (12) All sources listed in COMAR 26.11.02.10 except §§A, B, F, J, N, O(1), O(5), O(11), T, and V; (13) Laboratory fume hoods and vents; and (14) After identification of the emissions unit and agreement by the Department, any other emissions unit that is not subject to an applicable requirement of the Clean Air Act. B. Potential emissions from all exempt emission units and activities shall be included in the determination of whether a source is a major source. C. 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. D. 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. E. 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. #### Regulation .05 Content of Part 70 Permits — General Requirements. *COMAR 26.11.03.05* A. 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. B. 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. C. 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. D. Duration of Part 70 Permits. (1) The duration of a Part 70 permit for an electric generating station that is an affected source shall be for a fixed term of 5 years. (2) For a municipal waste combustor, as defined in COMAR 26.11.08.01B(7), subject to standards under §129(e) of the Clean Air Act, the Department shall issue a Part 70 permit for a term not to exceed 12 years with a review of the permit every 5 years. (3) The duration of all other Part 70 permits shall be for a term not to exceed 5 years. E. 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. #### Regulation .06 Content of Part 70 Permits — Specific Requirements. *COMAR 26.11.03.06* A. 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: (1) Emission limitations and standards, including those operational limitations and other requirements that assure compliance with all applicable requirements of the Clean Air Act at the time of permit issuance, as described in §B of this regulation; (2) The duration of the permit; (3) Provisions related to monitoring, record keeping, and reporting as described in §C of this regulation; (4) A provision prohibiting emissions that exceed any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations promulgated under it, as described in §D of this regulation; (5) A severability clause to ensure the continued validity of the remainder of the requirements of a permit if any portion of the permit is challenged; (6) Miscellaneous provisions described in §E of this regulation; (7) A provision to ensure that the annual permit fee is paid to the Department, as prescribed in COMAR 26.11.02.16; (8) A provision stating that a permit revision is not required for a change that is provided for in the permit relating to approved economic incentives, marketable permits, emissions trading, and other similar programs; (9) Reasonably anticipated operating scenarios identified in the application and approved by the Department, which: (a) Require the permittee, contemporaneously with making a change from one approved scenario to another, to record in a log maintained at the permitted source each scenario under which the source is operating and the date and time that the scenario started and ended, (b) May extend the permit shield in Regulation .23 of this chapter to the terms under each approved scenario, and (c) Ensure that the terms and conditions of each approved scenario meet all applicable requirements of the Clean Air Act; (10) As provided in 40 CFR §70.4(b)(12) and as described in §F of this regulation, provisions, if requested by the applicant, for the trading of emissions increases and decreases among the emissions units at the permitted source, to the extent that the applicable requirements of the Clean Air Act provide for this trading without a case-by-case approval of each trade, and if the application includes proposed replicable procedures and permit terms and conditions to ensure that the trades are quantifiable and enforceable; (11) A provision that all terms and conditions in a Part 70 permit, including provisions designed to limit a source's potential to emit, are enforceable by the EPA and citizens under the Clean Air Act, except for any terms and conditions that are identified as State-only enforceable; (12) Compliance requirements as described in §G of this regulation; (13) Provisions establishing the permit shield, if a permit shield is allowed pursuant to Regulation .23 of this chapter; (14) Other provisions that the Department may reasonably require. B. Emission Limitations and Standards. (1) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement of the Clean Air Act upon which the term or condition is based. (2) The permit shall state that, if another applicable requirement of the Clean Air Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Clean Air Act, both provisions shall be incorporated into the permit and shall be enforceable by the EPA. (3) If the Maryland SIP allows a determination of an alternative emission limit at a Part 70 source, equivalent to that contained in the SIP, to be made in the permit issuance, renewal, or significant modification process, and the Department elects to use this process, the permit shall contain provisions to ensure that a resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. C. Monitoring, Record Keeping, and Reporting. (1) The permit shall contain general provisions requiring that the permittee monitor, create, and maintain records, and submit reports to the Department, and if appropriate to EPA, to assure compliance with the permit. This provision shall include requirements that the permittee use consistent terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable emission standards and other requirements contained in the permit. (2) The permit shall contain provisions with respect to monitoring that incorporate into the permit all applicable emissions monitoring and analysis procedures or test methods required by the applicable requirements, including any procedures and methods promulgated pursuant to §504(b) or 114(a)(3) of the Clean Air Act. (3) If the applicable requirements of the Clean Air Act do not require periodic testing or instrumental or noninstrumental monitoring, which may consist of record keeping designed to serve as monitoring, the permit shall require periodic monitoring of emissions or operating parameters relevant to each applicable requirement contained in the permit of sufficient type and frequency to yield data that is timely, reliable, and representative of the compliance status of the source with the permit. The Department may determine the record-keeping requirements, as described in §C(5) of this regulation, may be sufficient to satisfy this requirement. (4) As necessary, the permit shall specify procedures for the installation, use, and maintenance of monitoring equipment or methods. (5) The permit shall contain provisions with respect to creating, maintaining, and retaining records, including the following requirements: (a) The location, as specified in the permit, date, and time that samples and measurements are taken; (b) All pertinent operating conditions existing at the time that samples and measurements are taken; (c) The date that each analysis of a sample is performed and the name of the person taking the sample; (d) The identity of the company, individual, or other entity that performed the analysis; (e) The analytical techniques and methods used; (f) The results of each analysis; (g) The retention of records of all monitoring data and support information for a period of 5 years or longer, as specified by the Department, from the date of the monitoring sample, measurement, application, or report. (6) Support information under §C(5)(g) of this regulation includes: (a) All calibration and maintenance records; (b) All original data collected from continuous monitoring instrumentation; and (c) Copies of all reports required by the permit. (7) Reporting Requirements. (a) The permit shall contain provisions with respect to all applicable reporting requirements, including requiring the permittee to: (i) Submit reports of required monitoring at least every six months; (ii) Report any deviation from permit requirements that could endanger human health or the environment, by orally notifying the Department immediately upon discovery of the deviation; and (iii) Promptly report all other deviations from permit requirements, including those attributable to upset conditions as defined in the permit, within 5 days of discovery of the deviation or a shorter time that the Department may specify in the permit, by submitting a written description of the deviation to the Department, including the cause and dates and times of the onset and termination of the deviation. (b) All instances of deviations from permit requirements shall be clearly identified in the reports required by §C(7)(a)(i) of this regulation. All required reports shall be certified by a responsible official, as provided in COMAR 26.11.02.02F and Regulation .02F of this chapter. (c) If a deviation under §C(7)(a)(iii) of this regulation is continuing, the permittee shall submit the action taken or planned to reduce, eliminate, and prevent reoccurrence of the deviation. D. Lawful Allowance. (1) A permit revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, if the increases do not require a permit revision under another applicable requirement of the Clean Air Act. (2) A limit may not be included in the permit on the number of allowances that may be held by the permittee. The permittee may not, however, use allowances as a defense to noncompliance with another applicable requirement of the Clean Air Act. (3) Allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Clean Air Act. E. Miscellaneous Provisions. (1) Duty to Comply. The permit shall contain a provision requiring the permittee to comply with all terms and conditions of the Part 70 permit and providing that noncompliance with the federally enforceable conditions constitutes a violation of the Clean Air Act and is subject to: (a) Enforcement action; (b) Permit revocation or revision; (c) Denial of an application for renewal of the permit; or (d) Any combination of these actions. (2) Need to Halt or Reduce Activity Not a Defense. The permit shall contain a provision that it is not a defense in an enforcement action for the permittee to establish that it would have been necessary to halt or reduce activity related to the permitted source in order to comply with the conditions of the permit. (3) Permit Actions. The permit shall contain a provision that the permit may be revoked or reopened and revised for cause. The filing of an application by the permittee for a permit revision or renewal, or termination, or of a notification of planned changes to a permitted source or anticipated noncompliance does not stay a term or condition of a Part 70 permit. (4) Property Rights. The permit shall contain a provision that the permit does not convey any property rights or any exclusive privilege. (5) Duty to Provide Information. The permit shall contain a provision that the permittee shall furnish to the Department, within a reasonable time specified by the Department, information that the Department may request in writing to determine whether the permittee is in compliance with the federally enforceable provisions of the permit or whether cause exists for revising or revoking the permit. Upon request, the permittee shall also furnish to the Department records required to be kept under the permit. For information claimed by the permittee to be confidential and therefore potentially not disclosable to the public, the Department may require the permittee to provide a copy of the records directly to the EPA along with the claim of confidentiality. F. Emissions Trading. Provisions for emissions trading: (1) Shall include all terms and conditions required by this regulation to determine compliance; (2) May extend the permit shield in Regulation .23 of this chapter to all terms and conditions related to emissions trading; (3) Shall meet all applicable federally enforceable regulatory and permit requirements and the requirements of this chapter; (4) Shall be solely for the purpose of complying with a federally enforceable emissions limit that is established in the permit independent of otherwise applicable requirements of the Clean Air Act; and (5) Do not allow trading that involves an emissions unit for which the Department determines that replicable procedures have not been identified by the applicant to ensure that the proposed trades are quantifiable and enforceable. G. Compliance Requirements. (1) All Part 70 permits shall contain provisions with respect to compliance as described in this section. (2) The permit shall contain compliance certification, testing, monitoring, reporting, and record-keeping requirements sufficient to assure compliance with the permit. A report or other document that a Part 70 permit requires to be submitted to the Department shall contain a certification by a responsible official that meets the requirements of COMAR 26.11.02.02F and Regulation .02F of this chapter. (3) The permit shall contain entry and inspection provisions that require the permittee to allow employees and authorized representatives of the Department and the EPA, upon presentation of credentials and other documents as may be required by law, to: (a) Enter at any reasonable time without delay and without prior notice the permittee's property where a Part 70 source is located, emission-related activity is conducted, or records required by the permit are kept; (b) Have access to and copy records required by the permit; (c) Inspect the source, all emissions units within the source, and all related monitoring, air pollution control equipment, practices, or operations regulated or required under the permit; and (d) Sample or monitor any substances or parameters at or related to the source for the purpose of determining compliance with the permit. (4) The permit shall contain a schedule of compliance consistent with Regulation .03B(17) of this chapter. (5) The permit shall require progress reports consistent with an applicable schedule of compliance and Regulation .03B(17) of this chapter to be submitted quarterly, or more frequently, as specified in the applicable requirement of the Clean Air Act or by the Department. A progress report includes: (a) The date when each requirement in the schedule of compliance was or will be met; and (b) An explanation of why a date in the schedule of compliance was or will not be met and those actions taken to avoid not meeting the date. (6) The permit shall contain the following provisions for compliance certification with the terms and conditions of the permit, including emission limits, standards, and work practices which are based upon applicable requirements of the Clean Air Act: (a) The frequency of submission, which will be annually or more frequent as specified in the applicable requirement of the Clean Air Act or by the Department; and (b) In accordance with §C(3) of this regulation, the methods for monitoring and assessing compliance of the source with the permit. (7) The permit shall contain a provision that the compliance certification include: (a) The identification of each federally enforceable term or condition of the permit that is the basis of the certification; (b) The compliance status; (c) Whether compliance was continuous or intermittent; (d) The methods used for determining the compliance status of the source, currently and over the reporting period; and (e) Other information the Department requires to determine the compliance status of the source. (8) The permit shall contain requirements that all compliance certifications be submitted simultaneously to the Department and EPA. (9) The permit shall contain additional requirements as specified pursuant to §§114(a)(3) and 504(b) of the Clean Air Act. #### Regulation .07 Public Participation Procedures. *COMAR 26.11.03.07* A. Applicability. (1) The applicant for a Part 70 permit, a significant permit modification to a Part 70 permit, or a Part 70 permit renewal shall provide public notification of the permit proceeding in accordance with the provisions of this regulation. (2) A permittee whose Part 70 permit is reopened under Regulation .20 of this chapter shall provide public notification of the reopening of the permit, in accordance with the requirements of this regulation. This notification shall apply only to those portions of the permit for which cause to reopen exists. (3) A person who applies to be covered by a general Part 70 permit, as provided by Regulation .21 of this chapter, is not subject to the requirements of this regulation if the general Part 70 permit has already completed all the public, affected State, and EPA notification, comment, and review procedures required by this regulation. (4) Except as expressly provided otherwise, this regulation does not apply to the State-only enforceable conditions of a Part 70 permit. B. Public Notice Requirements. (1) For Part 70 permit proceedings subject to this regulation, the Department shall: (a) Direct the applicant or permittee to provide the public notice as required by this regulation; (b) Provide opportunity for public comment and opportunity for a nonadjudicatory public hearing on the draft Part 70 permit; (c) Make available for public inspection: (i) The complete application, except for information qualifying as confidential information, (ii) The draft Part 70 permit, and (iii) Other relevant supporting information; and (d) Provide a copy of the draft Part 70 permit to the applicant. (2) For Part 70 permit proceedings subject to this regulation, the applicant or permittee shall provide, at its own expense, a public notice, in a format approved by the Department, that includes the information listed in §C of this regulation: (a) By publication in a newspaper of general circulation in the area where the source is located; (b) As directed by the Department, to any person who has made a timely request to the Department in accordance with procedures established by the Department for making the requests; and (c) By other means if required by the Department to assure adequate notice to the affected public. C. Format for Public Notice. The public notice required by §B of this regulation shall include the following minimum information: (1) The Part 70 permit or application number as assigned by the Department; (2) The location and a description of the source for which the Part 70 permit is sought and the operations conducted at the source; (3) The name and address of the applicant; (4) The name and address of the Department; (5) The change to emissions involved in any significant permit modification; (6) Information on the location and availability of copies of the draft permit, the complete application, and relevant supporting information; (7) The name, address, and telephone number of a person representing the applicant and of a person representing the Department from whom interested persons may obtain additional information; (8) A brief description of the public participation procedures required by this regulation; and (9) The time and place of any nonadjudicatory hearing that has been scheduled or the procedures to request a hearing if a hearing has not been scheduled. D. 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. E. A request for a public hearing shall include the following information: (1) The name, mailing address, and telephone number of the person making the request; (2) The names and addresses of persons whom the person making the request is representing; and (3) The reason why a hearing is requested, including the air quality concern that forms the basis for the request and how this concern relates to the person making the request. F. 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. G. 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. #### Regulation .08 Review by Affected States of Part 70 Permits. *COMAR 26.11.03.08* A. 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. B. An affected state shall have 30 days from the date of notification provided in §A of this regulation to provide comments to the Department. C. 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. #### Regulation .09 Review by EPA of Part 70 Permits. *COMAR 26.11.03.09* A. 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. B. 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: (1) Objects to its issuance or revision in writing within 45 days of EPA's receipt of the proposed permit or revision and any necessary supporting information; and (2) Specifies the basis for its objection and a description of the terms and conditions that must be included in the permit to respond to the objection. #### Regulation .10 Public Petitions for Review to EPA Regarding Part 70 Permits. *COMAR 26.11.03.10* A. 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: (1) The petitioner demonstrates that it was impracticable to raise the objections within the public comment period; or (2) The grounds for the objection arose after the public comment period. B. 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. C. 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. D. 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. #### Regulation .11 Hearing Procedures. *COMAR 26.11.03.11* 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. #### Regulation .12 Judicial Review. *COMAR 26.11.03.12* A. 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: (1) A final decision of the Department regarding a Part 70 permit following a contested case hearing requested by the applicant, as provided in Regulation .11 of this chapter; (2) Failure of the Department to make a decision regarding a Part 70 permit within the time limits specified in Regulation .13A(3) of this chapter; (3) A decision to issue a Part 70 permit followed by a petition to the EPA, pursuant to Regulation .10 of this chapter, which has been denied by the EPA; (4) A decision to issue a Part 70 permit before a petition to the EPA, pursuant to Regulation .10 of this chapter, which has been denied by the EPA; (5) The adoption of a regulation establishing a general permit, as provided in Regulation .21 of this chapter. B. 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. C. Form of Judicial Review. (1) A final decision by the Department in a contested case requested by the applicant is subject to judicial review as provided in Environment Article, §2-607, and State Government Article, §10-222, Annotated Code of Maryland. (2) Failure of the Department to make a decision within the time limits specified in Regulation .13A(3) of this chapter, or to reopen a permit as provided in Regulation .20C(3)(c) of this chapter is subject to an action for mandamus or any other action provided by law to compel the Department to make a decision. As provided in COMAR 26.11.02.02I, a Part 70 permit may not be considered to be issued because of the failure of the Department to make a decision within a time limit prescribed in this chapter. (3) The adoption of a regulation establishing a general permit is subject to judicial review as provided in State Government Article, §10-125, Annotated Code of Maryland. (4) Final decisions to issue Part 70 permits, as provided in §A(3) and (4) of this regulation, are subject to an action for judicial review brought by any person other than the applicant, as provided in the Maryland Environmental Standing Act (MESA), Natural Resources Article, §1-501 et seq., Annotated Code of Maryland. D. Time Limit for and Scope of Judicial Review. (1) As provided in Maryland Rule §7-203, appeal of a contested case decision regarding a Part 70 permit shall be filed not later than 30 days after the final decision of the Department. (2) A judicial action to compel the Department to make a decision regarding a Part 70 permit shall be filed before the Department makes a final decision to issue or deny the permit. (3) As provided for at 40 CFR §70.4(b)(3)(xii), and except as provided in §D(4) of this regulation, an action for judicial review of a decision regarding a Part 70 permit that is not subject to §D(1) or (2) of this regulation shall be filed not later than 90 days after the decision of the Department is final. (4) An action for judicial review under §D(3) of this regulation may be filed later than 90 days after a final decision of the Department if the action is based solely on grounds arising later than 90 days after the final decision. This action shall be filed not later than 90 days after the new grounds for review arise and is limited to the new grounds. (5) An action for judicial review under §D(3) of this regulation is limited to issues that are germane and material to the Part 70 permit and that were raised by or on behalf of the person seeking review in written or oral comments made during the time for making comments, except if the person seeking review was not afforded an opportunity to comment on the draft permit. E. Record for Judicial Review. (1) For cases involving judicial review of a final decision regarding a Part 70 permit in a case that is a contested case, the record for judicial review shall be compiled in accordance with COMAR 28.02.01 and other law that pertains to contested cases. (2) For cases involving judicial review of the final decision regarding a Part 70 permit in a case that is not a contested case, the record for judicial review shall consist of those records and other significant information considered by the Department when it decided whether to issue or deny the permit or, for the cases in which it is alleged that the Department has failed to make a timely decision, the information before the Department regarding the pending application. Except in cases that are based on new grounds provided for in §D(4) of this regulation, the record also consists of all comments and information submitted to the Department during the period to consider the permit. In cases that arise because of new grounds, the record includes the new grounds. #### Regulation .13 Issuance and Renewal of Part 70 Permits. *COMAR 26.11.03.13* A. Action on Applications for a Part 70 Permit. (1) The Department shall issue a Part 70 permit, permit revision, or permit renewal only if it determines that all of the following requirements have been met: (a) The Department has received a complete application for a Part 70 permit, permit revision, or permit renewal, except that a complete application need not be received before a determination that a particular source is covered by a general permit under Regulation .21 of this chapter unless required by the general permit; (b) If applicable, the public participation requirements under Regulation .07 of this chapter; (c) If applicable, the procedures for notifying and responding to affected states under Regulation .08 of this chapter; (d) The federally enforceable conditions of the permit provide for compliance with all applicable requirements of the Clean Air Act or the permit includes a schedule to achieve compliance that is acceptable to the Department; (e) The EPA has received a copy of the proposed permit and any other information required by Regulation .09A of this chapter, and has either not objected to issuance of the permit under Regulation .09B of this chapter within a 45-day period or has objected within the time period but the objection has been resolved; and (f) The applicant has paid all fees owed to the Department that are related to the State air pollution control law. (2) The criteria for issuing or denying the State-only enforceable conditions of a Part 70 permit are those criteria specified in COMAR 26.11.02.06C and D. (3) Except as provided in 40 CFR §70.4(b)(4)(ii) regarding program approval and initial applications, Regulations .14 — .17 of this chapter regarding revisions to Part 70 permits, Regulation .21 of this chapter regarding general Part 70 permits, or in regulations promulgated by EPA under Title IV and Title V of the Clean Air Act for the permitting of affected sources under the acid rain program, the Department shall take final action on each Part 70 permit application, including a request for renewal, within 18 months after receiving a complete application. The Department shall take final action on an application within: (a) 60 days for an administrative permit amendment, as provided in Regulation .15D of this chapter; (b) 90 days for a minor permit modification, or 15 days after the end of EPA's 45-day review period under Regulation .09 of this chapter, whichever is later, as provided in Regulation .16F of this chapter; or (c) 9 months for a significant permit modification, as provided in Regulation .17G of this chapter. (4) Final action on an application for a general Part 70 permit shall be taken as specified in the general permit. Final action on a reopened permit shall be taken as specified in Regulation .20C of this chapter. (5) The Department shall provide a statement that sets forth the legal and factual basis for the draft federally enforceable permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall provide this statement to the EPA, affected states, and to any other person who requests it. (6) The submittal of a complete application does not affect the requirement that the owner or operator of a source obtain a preconstruction permit under Title I of the Clean Air Act or a permit to construct or approval required under COMAR 26.11.02. B. Part 70 Permit Renewal and Expiration. (1) The procedures for renewal of a Part 70 permit are the same as provided in Regulations .02, .03, and .07—.12 of this chapter for initial Part 70 permits, including procedures for applications, public participation, and affected state and EPA review. (2) The expiration of a Part 70 permit for a source terminates the right of the owner or operator to operate the source unless a timely and complete renewal application has been submitted, as provided in Regulation .02B and C of this chapter. (3) After a timely and complete application for a Part 70 permit renewal has been submitted, the permittee shall continue to operate under the terms and conditions of the current Part 70 permit until the Department has taken final action on the permit renewal. C. 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. #### Regulation .14 Revision of Part 70 Permits — General Requirements. *COMAR 26.11.03.14* A. The permittee shall submit an application to the Department to revise a Part 70 permit when required under Regulations .15—.17 of this chapter. B. 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. C. 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. D. 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. #### Regulation .15 Administrative Permit Amendments. *COMAR 26.11.03.15* A. 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: (1) Be in writing; (2) Include a statement certified by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F, that the proposed amendment meets the criteria for an administrative permit amendment; and (3) Identify those provisions of the Part 70 permit for which the amendment is requested and the basis for the request. B. An administrative permit amendment is a Part 70 permit revision that: (1) Corrects typographical errors; (2) Identifies a change in the name, address, or phone number of a person identified in the permit, or a similar administrative change involving the permittee or other matters not directly related to the control of air pollution; (3) Requires more frequent monitoring or reporting by the permittee; (4) Allows for a change in ownership or operational control of a source for which the Department determines that no other revision to the permit is necessary, if a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Department; (5) Incorporates into the Part 70 permit the requirements from preconstruction review permits or approvals issued by the Department in accordance with the requirements of this subtitle, but only if the procedures for preconstruction review satisfy the requirements of 40 CFR §70.7(d)(1)(v); (6) Incorporates any other type of change, as approved by the EPA, which is similar to those in §B(1)—(4) of this regulation; (7) Incorporates any change to a term or condition specified as State-only enforceable, if the permittee has obtained all necessary permits to construct and approvals that apply to the change. C. 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. D. 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. E. The Department shall submit a copy of the revised Part 70 permit to the EPA. F. 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. G. 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. H. 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. #### Regulation .16 Minor Permit Modifications. *COMAR 26.11.03.16* A. 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. B. A minor permit modification is a Part 70 permit revision that: (1) Does not result in a violation of any applicable requirement of the Clean Air Act; (2) Does not significantly revise existing federally enforceable monitoring, including test methods, reporting, record keeping, or compliance certification requirements except by: (a) Adding new requirements, (b) Eliminating the requirements if they are rendered meaningless because the only emissions to which the requirements apply will no longer occur, or (c) Changing from one approved test method for a pollutant and source category to another; (3) Does not require or modify a: (a) Case-by-case determination of a federally enforceable emission standard, (b) Source-specific determination for temporary sources of ambient impacts, or (c) Visibility or increment analysis; (4) Does not seek to establish or modify a federally enforceable permit term or condition for which there is no corresponding underlying applicable requirement of the Clean Air Act, but that the permittee has assumed to avoid an applicable requirement to which the source would otherwise be subject; (5) Is not a Title I modification; and (6) Is not required under Regulation .17 of this chapter to be processed as a significant modification to a Part 70 permit. C. The terms and conditions described in §B(4) of this regulation include: (1) A federally enforceable emission standard applied to the source pursuant to COMAR 26.11.02.03 to avoid classification as a Title I modification; and (2) An alternative emission standard applied to the source pursuant to regulations promulgated under §112(i)(5) of the Clean Air Act. D. 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: (1) A description of the proposed change, the emissions resulting from the change, and any new applicable requirements that will apply if the change is made; (2) The proposed minor permit modification; (3) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F that: (a) The proposed change meets the criteria for a minor permit modification, and (b) The permittee has obtained or applied for all required permits to construct required by this chapter with respect to the proposed change; and (4) Completed forms for the Department to use to notify the EPA and affected states, as required by Regulations .07—.12 of this chapter. E. 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. F. Timetable for Issuance. (1) The Department may not issue a final minor permit modification until the 45-day period for EPA review has ended or until the EPA has notified the Department that EPA does not object to issuance of the minor permit modification, whichever occurs first. (2) Not later than 90 days after the Department's receipt of a complete application for a minor permit modification or 15 days after the end of the 45-day period for EPA review, whichever is later, the Department shall: (a) Issue the minor permit modification as proposed; (b) Deny the minor permit modification; (c) Determine that the change as described in the application does not meet the criteria for a minor permit modification and should be reviewed under the significant modification procedures in Regulation .17 of this chapter; or (d) Revise the draft permit modification and transmit to EPA and affected states the new proposed minor permit modification, as required by Regulation .16E of this chapter. G. Permittee's Ability to Make Change. (1) If a change proposed in an application for a minor permit modification requires a permit to construct, the permittee may make the change only after the permit to construct has been issued by the Department. (2) If a change proposed in an application for a minor permit modification does not require a permit to construct, the permittee may make the change at any time after receipt of the application by the Department. (3) After the permittee makes a change allowed by this section and before the Department takes any of the actions specified in §F(2) of this regulation, the permittee shall comply with both the applicable requirements of the Clean Air Act that relate to the change and the permit terms and conditions described in the application for the modification. During this period of time, the permittee is not required to comply with the terms and conditions in the permit that it seeks to modify. If the permittee fails to comply with the permit terms and conditions in the application during this period of time, the terms and conditions in both the permit and in the application may be enforced against it. H. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to minor permit modifications. I. 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. J. 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. #### Regulation .17 Significant Permit Modifications. *COMAR 26.11.03.17* A. As provided in this regulation, a permittee may apply to the Department to make a significant modification to a Part 70 permit. B. 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. C. 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. D. 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: (1) An application need include only information pertaining to the proposed change to the source and modification of the permit, including a description of the change and modification, the emissions resulting from the change and modification, and any new applicable requirements of the Clean Air Act that will apply if the change occurs; (2) Public participation, and review by affected states and EPA, is limited to only the application and those federally enforceable terms and conditions of the Part 70 permit that are affected by the significant permit modification. E. 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). F. Permittee's Ability to Make Change. (1) Before making a change that qualifies as a significant permit modification, a permittee shall obtain all permits to construct and approvals if required by COMAR 26.11.02.09A, or shall obtain a certificate of public convenience and necessity (CPCN) from the Public Service Commission if required under Public Utilities Article, Title 7, Subtitle 2, Annotated Code of Maryland. (2) For modifications that require a permit to construct and, if applicable, approval by COMAR 26.11.02, or a CPCN from the Public Service Commission, the permittee may make the change only after the permittee has received the required permit to construct, and, if applicable, approval or CPCN and has submitted a complete application for a significant modification to its Part 70 permit. (3) For modifications that do not require a permit to construct, and, if applicable, approval, the permittee may not make the change until the Department issues a revised Part 70 permit that includes the requirements that apply to the modification. G. 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. H. A permittee may not make a significant permit modification that results in a violation of any applicable requirement of the Clean Air Act. I. 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. #### Regulation .18 On-Permit Changes to Sources. *COMAR 26.11.03.18* A. A permittee may make a change to a permitted source without obtaining a revision to the Part 70 permit, if: (1) The change is not a Title I modification; (2) The change does not result in emissions in excess of those expressly allowed under the federally enforceable provisions of the Part 70 permit for the permitted source or for an emissions unit within the source, whether expressed as a rate of emissions or in terms of total emissions; (3) The permittee has obtained all permits and approvals required by this chapter and COMAR 26.11.02; (4) The change does not violate an applicable requirement of the Clean Air Act; (5) The change does not violate a federally enforceable permit term or condition related to monitoring, including test methods, record keeping, reporting, or compliance certification requirements; (6) The change does not violate a federally enforceable permit term or condition limiting hours of operation, work practices, fuel usage, raw material usage, or production levels if the term or condition has been established to limit emissions allowable under the permit; (7) The change does not modify a federally enforceable provision of a compliance plan or schedule in a Part 70 permit unless the Department has approved the change in writing; and (8) The permit does not expressly prohibit the change under this regulation. B. 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. C. The written notification required by §B of this regulation shall include: (1) The following information: (a) A description of the proposed change, (b) The date on which the change is proposed to be made, (c) Any change in emissions resulting from the change, including the pollutants emitted, (d) Any new applicable requirement of the Clean Air Act, and (e) Any permit term or condition that would no longer apply; and (2) Certification by a responsible official, in accordance with Regulation .02F of this chapter and COMAR 26.11.02.02F, that the proposed change meets the criteria for the use of on-permit changes under this regulation and a request that these procedures be used. D. The permittee, the Department, and EPA shall attach each notice required by §B of this regulation to their copy of the Part 70 permit. E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. F. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. H. 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. #### Regulation .19 Off-Permit Changes to Sources. *COMAR 26.11.03.19* A. 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: (1) The owner or operator has obtained all permits and approvals required by this chapter; (2) The change is not subject to any requirements under Title IV of the Clean Air Act; (3) The change is not a Title I modification; and (4) The change does not violate an applicable requirement of the Clean Air Act or a federally enforceable term or condition of the permit. B. 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. C. Upon satisfying the requirements of this regulation, the permittee may make the proposed change. D. The permittee shall keep a record describing: (1) Changes made at the source that result in emissions of an air pollutant subject to an applicable requirement of the Clean Air Act, but not otherwise regulated under the permit; and (2) The emissions resulting from those changes. E. Changes that qualify under this regulation are not subject to the requirements for Part 70 permit revisions. F. The permittee shall include each change made under this regulation in the application for the next renewal of the Part 70 permit. G. Permit Shield. The permit shield in Regulation .23 of this chapter does not apply to changes made under this regulation. H. 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. #### Regulation .20 Reopening Part 70 Permits. *COMAR 26.11.03.20* A. Reopening a Part 70 Permit by the Department. (1) Mandatory Reopening by the Department. The Department shall reopen and revise or revoke the federally enforceable conditions of a Part 70 permit under the following circumstances: (a) Additional requirements of the Clean Air Act become applicable to a major Part 70 source with a remaining permit term of 3 or more years; (b) Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program; (c) The Department or the EPA determines that the permit contains a material mistake or is based on false or inaccurate information supplied by or on behalf of the applicant; or (d) The Department or the EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements of the Clean Air Act. (2) A reopening and revision under §A(1)(a) of this regulation shall be completed not later than 18 months after promulgation of the new applicable requirement. A reopening is not required if the effective date of the new requirement is later than the date on which the permit is due to expire, unless the original permit or any of the original permit's terms and conditions have been extended pursuant to Regulation .13B of this chapter. (3) Upon approval by the EPA, excess emission offset plans under §A(1)(b) of this regulation are deemed to be incorporated into the permit. (4) Discretionary Reopening by the Department. The Department may reopen and revise the federally enforceable conditions of a Part 70 permit under any of the following circumstances: (a) The Department determines that the permit must be revised or revoked to assure compliance with an applicable national ambient air quality standard or increment; or (b) The Department receives information previously unavailable to the Department that shows that the terms and conditions of the permit do not accurately reflect the actual circumstances relating to the permitted facility. B. Discretionary Reopening by EPA. The EPA may reopen a Part 70 permit as prescribed in 40 CFR §70.7(g). C. Procedures for Reopening a Part 70 Permit by the Department. (1) Not later than 30 days before reopening a permit under this regulation, unless the Department determines that a shorter period is necessary to protect public health, the Department shall notify the permittee and the EPA of: (a) The Department's intention to reopen the permit; (b) Which provisions of the permit will be reopened or that revocation is proposed; (c) The proposed revision; (d) The basis for the decision; and (e) The procedures that apply to the reopening. (2) Not later than 20 days after receiving notice, unless a shorter time is specified by the Department, the permittee shall respond to the notice by providing the Department with all information that the permittee considers relevant to the notice of proposed reopening. A copy of this response shall be sent simultaneously to the EPA. Failure to timely respond or submit relevant information constitutes a waiver by the permittee of its right to respond to the notice. (3) Notice of Reopening or Decision Not to Reopen. (a) Except as provided in §C(3)(b) of this regulation, not sooner than 30 days after the permittee received the notice required by this section, unless the Department determines that a shorter time is required to protect public health, the Department shall notify the permittee and the EPA: (i) That the permit has been reopened; (ii) Which provisions are reopened and the proposed revision if the proposed revisions can be determined, or that revocation is proposed; and (iii) Of the procedures that apply to the reopening. (b) At any time before notifying the permittee of a decision to reopen the permit, the Department may notify the permittee and the EPA of a decision to not reopen the permit. (c) A decision to reopen a permit is not a final decision of the Department. (4) Procedures to be Followed for a Reopened Permit. The procedures to be followed if a permit is reopened shall be the same procedures that were used for the initial permit issuance as specified in Regulations .07, .08, and .09 of this chapter. (5) Application for Reopened Permit and Effective Date of Reopening. Not later than 30 days after it receives notice of a decision to reopen a permit, unless the Department specifies a shorter time, the permittee shall submit a complete application for a revised permit, following the procedures specified by the Department. The permit is considered to be reopened on the day that the Department receives a complete application for the revised permit, except that if a complete application is not received within 30 days after the permittee receives notice of the reopening, the permittee waives the right to participate in the reopened permit and the date of reopening is the date 30 days after the applicant received notice of the reopening. In this event, the Department may proceed to revise or revoke the permit without the participation of the permittee using, to the extent practicable, the procedures specified under §C(4) of this regulation, including billing the permittee for any costs of public notice or other costs for which an applicant is responsible under Regulation .07 of this chapter. (6) Decision to Revise or Revoke Permit. Not later than 90 days after the effective date of reopening, unless the Department determines that a longer period is required to satisfy the procedures specified for the reopening, the Department shall revise or revoke the permit. A decision to revise or revoke a Part 70 permit is subject to the review provisions at Regulations .11 and .12 of this chapter. D. 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. E. 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. F. 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. #### Regulation .21 General Part 70 Permits. *COMAR 26.11.03.21* A. 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. B. The Department shall maintain records of the public comments and issues raised during the public participation process. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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. I. 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. J. 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. K. 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. L. Notwithstanding any other provision of this chapter, the provisions of Regulations .14—.19 of this chapter, regarding revisions, apply to a general permit. #### Regulation .22 Part 70 Permits for Temporary Sources. *COMAR 26.11.03.22* A. 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. B. The Department may issue a single Part 70 permit that authorizes operation of a temporary source at multiple sites. C. The Department may not issue a permit as a temporary source to an affected source under the acid rain program. D. Part 70 permits for temporary sources shall include: (1) Conditions to assure compliance with all applicable requirements of the Clean Air Act at all authorized sites; (2) A requirement that the owner or operator notify the Department at least 10 days in advance of each change in site; (3) State-only enforceable conditions that assure compliance with all other applicable requirements of the State air pollution control law; and (4) Conditions that assure compliance with all other provisions of this regulation. E. 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. #### Regulation .23 Permit Shield in Part 70 Permits. *COMAR 26.11.03.23* A. 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. B. The permit shield shall cover only the following: (1) Applicable requirements of the Clean Air Act that are included and are specifically identified in the permit; and (2) Any applicable requirement of the Clean Air Act specifically identified by the Department as being not applicable to the source, but only if the permit includes that determination or a summary of the determination. C. 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. D. A Part 70 permit that does not expressly state that a permit shield exists is not subject to the shield. E. This regulation or a Part 70 permit does not alter or affect the following: (1) The emergency order provisions of §303 of the Clean Air Act, including the authority of the EPA under that section; (2) The liability of an owner or operator of a source for a violation of an applicable requirement of the Clean Air Act before or when a permit is issued or for a violation that continues after issuance; (3) The requirements of the acid rain program, consistent with §408(a) of the Clean Air Act; (4) The ability of the Department or the EPA to obtain information from a source pursuant to Maryland law and §114 of the Clean Air Act; or (5) The authority of the Department to enforce an applicable requirement of the State air pollution control law that is not an applicable requirement of the Clean Air Act. F. The permit shield does not apply to and is not affected by any conditions in a Part 70 permit designated as “State-only enforceable”.