Md. Code Regs. 26.11.03.20 - Reopening Part 70 Permits

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.

Notes

Md. Code Regs. 26.11.03.20