1. A. For all major sources, the Department shall include in the Part 70 permit for a source all applicable requirements of the Clean Air Act for all relevant emission units at the major source.
2. B. For a nonmajor source for which a Part 70 permit is required as provided in Regulation .01 of this chapter, the Department shall include in the permit all applicable requirements of the Clean Air Act for all emission units that cause the source to be subject to this regulation.
3. C. Fugitive Emissions. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 permit in the same manner as stack or other confined emissions, regardless of whether the source is within a category included in the list of sources contained in the definition of major source.

4. D. Duration of Part 70 Permits.

   1. (1) The duration of a Part 70 permit for an electric generating station that is an affected source shall be for a fixed term of 5 years.
   2. (2) For a municipal waste combustor, as defined in COMAR 26.11.08.01B(7), subject to standards under §129(e) of the Clean Air Act, the Department shall issue a Part 70 permit for a term not to exceed 12 years with a review of the permit every 5 years.
   3. (3) The duration of all other Part 70 permits shall be for a term not to exceed 5 years.
5. E. State-Only Enforceable Conditions. The Department may include conditions in a Part 70 permit to be designated in the permit as being “State-only enforceable” if they are based upon applicable requirements of the State air pollution control law that are not federally enforceable. As provided at Regulation .13A(2) of this chapter, the criteria for issuing or denying the State-only enforceable condition of a Part 70 permit are specified at COMAR 26.11.02.06C. As provided at Regulation .11G of this chapter, only the applicant may challenge the State-only enforceable conditions of a Part 70 permit. These State-only enforceable conditions are not otherwise subject to the requirements of Regulations .07—.12 of this chapter.

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)