(1) Requirement for
Registration. The owner or operator of a source, except as provided in
§A(3) of this regulation, shall register that source with the Department
in the manner prescribed by the Department. Registration does not imply
approval by the Department of the source.
(2) Change in Ownership. A change of
ownership terminates the registration of a source. The new owner shall register
the source with the Department within 30 days of the change of
(3) Sources Not Required
to be Registered. Existing sources listed in Regulation .10 of this chapter are
not required to be registered. This provision does not authorize or permit the
creation of or maintenance of air pollution.
Permits to Construct and Approvals.
(1) A permit to construct and an approval
from the Department is required before construction or modification of a
source, except as specified in Regulation .10 of this chapter.
(2) When an approval is required for a
source, the approval is in addition to any other permit that is required for
that source. At the option of the applicant, an approval of a source may be
sought before or simultaneously with a permit to construct or a Part 70 permit
that is required for the same source.
C. State Permits to Operate. A State permit
to operate from the Department is required for a source listed in Regulation
.13 of this chapter.
Permits. A Part 70 permit from the Department is required for a source listed
a. For a source for which a State permit to operate is required, as provided in
Regulation .13 of this chapter, a Part 70 permit that applies to that source
also constitutes a State permit to operate for that source.
Transfers. A permit to construct, State
permit to operate, or approval may not be transferred either from one source to
another or from one person to another, except as approved by the Department.
Transfers of Part 70 permits may be made as provided in COMAR
Certification. An application
form, report, or compliance certification submitted pursuant to this chapter or
, including supplementary information, shall be certified by a
responsible official as to truth, accuracy, and completeness. The owner or
operator of a source shall expeditiously notify the Department of an
appointment of a new responsible official. The certification shall be in the
following form: "I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
G. Confidential Information. All information
submitted in an application shall be considered to be part of the public record
and available for inspection and copying under State Government Article, §
et seq., Annotated Code of Maryland, unless the applicant claims that the
information is confidential when it is submitted to the Department and the
Department, at the time of a request for inspection or copying, determines that
the information is confidential, in accordance with the provisions of State
Government Article, §
et seq., Annotated Code of Maryland. An applicant who requests the Department
to keep information confidential shall identify the information in a manner
specified by the Department and, when requested by the Department, promptly
provide specific reasons supporting the claim of confidentiality. Information
provided to the Department without a request that the information be deemed
confidential may be made available to the public. Subject to approval of the
Department, the applicant may provide a summary of confidential information
that is suitable for public review. The contents of a Part 70 permit are not
subject to confidential treatment.
Terms and Conditions. The Department may
include terms and conditions in any permit or approval issued under this
chapter or COMAR 26.11.03
to ensure continuous compliance with this
A permit cannot be
obtained because of failure of the Department to act on an application within
an applicable time limit prescribed by this chapter, COMAR 26.11.03
, or 40 CFR
. Failure of the Department to make a decision within a time limit
for issuing or denying a permit, permit renewal, or permit modification
constitutes final agency action solely for the purpose of seeking judicial
review to compel the Department to make a decision.
J. To the extent required by the Clean Air
Act or authorized by the EPA, the Department may administer and enforce a
permit issued by the EPA, including treating that permit as if it were a permit
issued by the Department.
K. To the
extent required by the Clean Air Act or authorized by the EPA, the Department
may include an applicable requirement of the Clean Air Act in a permit that it
issues regardless of whether the applicable requirement has been adopted as a
regulation by the Department.
Portable Emissions Units.
(1) The owner or
operator of a portable emissions unit shall obtain a separate permit to
construct for each site at which the unit is located, in accordance with the
procedures in Regulation .11 or .14 of this chapter, as appropriate. An
application for each site may be submitted at different times or applications
may be submitted simultaneously, at the option of the applicant. A permit to
construct that is issued for a site expires if the portable emissions unit has
not been located at the site for 3 years, as provided in Regulation .04E of
with submitting an application for a permit to construct a portable emissions
unit at the first site on which the unit is to be located, the applicant may
submit an application for a State permit to operate the unit at that site. If
the Department issues the permit to construct the portable emissions unit, the
Department may simultaneously issue a temporary start-up permit to operate the
unit at the same site. The temporary start-up permit may be issued or extended
by the Department so that it is effective for up to 1 year from each date that
operation commences of the portable emissions unit, as provided at Regulation
.04D of this chapter. When it has been demonstrated to the satisfaction of the
Department that the unit is capable of complying continuously with all
applicable requirements, the Department shall issue an operating permit for the
(3) At any time a temporary
start-up permit or a State permit to operate has been issued for a portable
emissions unit at the first site on which the unit is located, the owner or
operator may apply for and the Department may issue a State permit to operate
the unit at any other site for which a permit to construct has been issued for