Md. Code Regs. 26.11.03.16 - Minor Permit Modifications
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
a 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
26.11.02.02 a
F 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.
Notes
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