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
(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;
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
(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
(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.
The written notification required by
§B of this regulation shall include:
The following information:
(a) A description
of the proposed change,
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
Certification by a responsible official,
in accordance with Regulation .02F of this chapter and COMAR
F, 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
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.