1. 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 regulation.

2. B. Timely Application.

   1. (1) An application for a Part 70 permit is timely if the application meets the requirements of this section.

   2. (2) Initial Part 70 Permits.

      1. (a) 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:

         1. (i) For 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 Department;
         2. (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;
         3. (iii) For all remaining sources for which a Part 70 permit is required, 12 months after the effective date of the Part 70 permit requirements.
      2. (b) If more than one SIC code describes the activities at a source, the SIC code that represents the primary type of activity is controlling.

   3. (3) Part 70 Permit Renewal.

      1. (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.
      2. (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. (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 operation.
   5. (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 the permit.
   6. (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.

3. C. Complete Application.

   1. (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. (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. (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.
4. 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 EPA.

5. E. Duty to Supplement or Correct Application.

   1. (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.
   2. (2) 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.

6. F. Certification by a Responsible Official. Using the format at COMAR 26.11.02.02F, a responsible official shall certify to the truth, accuracy, and completeness of:

   1. (1) Each application, report, and compliance certification required by this chapter; or
   2. (2) A Part 70 permit to be submitted to the Department.
7. G. 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 is submitted.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-401, 2-403, and 2-404, Annotated Code of Maryland

Effective date:

Chapter, State-Adopted National Ambient Air Quality Standards and Guidelines, recodified from COMAR 26.11.03.01—.07 to COMAR 26.11.04.03—.09, effective May 8, 1995 (22:9 Md. R. 648)

Editor's note: Regulations .01—.24, Permits, Approvals, and Registration—Part 70 Permits, as well as the Part 70 permit requirements of COMAR 26.11.02 were effective on August 2, 1996, the date the EPA approved Maryland's program (24:5 Md. R. 413).

Regulation .01B amended and .01M adopted effective June 16, 1997 (24:12 Md. R. 866)

Regulation .01M amended effective October 16, 2000 (27:20 Md. R. 1843)

Chapter revised effective July 9, 2001 (28:13 Md. R. 1217)

Regulation .01B amended effective December 10, 2001 (28:24 Md.2130)

Regulation .01M amended effective January 29, 2007 (34:2 Md. R. 138)

Regulation .06C amended effective November 11, 2002 (29:22 Md. R. 1724)

Regulation .12D amended effective November 11, 2002 (29:22 Md. R. 1724)

Regulation .18A amended effective December 10, 2001 (28:24 Md.2130)

Regulation .19D amended effective December 10, 2001 (28:24 Md.2130)