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
(1) An application for a Part 70 permit is
timely if the application meets the requirements of this section.
Initial Part 70 Permits.
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:
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
(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
If more than one SIC code describes the activities at a source, the SIC code
that represents the primary type of activity is controlling.
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
(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
(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.
(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
Duty to Supplement or
(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.
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.
Certification by a Responsible
Official. Using the format at COMAR
F, a responsible official shall certify to the truth, accuracy, and
(1) Each application,
report, and compliance certification required by this chapter; or
(2) A Part 70 permit to be submitted to 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