1. A. If the EPA does not object in writing to a proposed permit under Regulation .09 of this chapter, a person may petition EPA, within 60 days after the expiration of EPA's 45-day review period, to make this objection. The petition for review shall be based only on objections to the federally enforceable provisions of the draft permit that were raised with reasonable specificity during the public comment period provided in Regulation .07D of this chapter, unless:

   1. (1) The petitioner demonstrates that it was impracticable to raise the objections within the public comment period; or
   2. (2) The grounds for the objection arose after the public comment period.
2. B. A person submitting a petition for review to the EPA under this regulation shall provide the Department and the applicant with a copy of the petition when it is provided to the EPA.
3. C. If the EPA objects to a Part 70 permit as a result of a petition for review filed under this regulation, the Department may not issue the permit until EPA's objection has been resolved. A petition for review does not stay the effectiveness of a Part 70 permit or its requirements if the permit was issued after the end of the 45-day review period and before an EPA objection.
4. D. If the Department has issued a Part 70 permit before receipt of an EPA objection under this regulation, the Department has 90 days from receipt of the EPA objection to resolve the objection and to reopen and revise or revoke the permit. If the Department fails to resolve the EPA objection and EPA then reopens and revises or revokes the permit in accordance with 40 CFR §70.8(d), the Department thereafter may issue only a revised Part 70 permit that satisfies the EPA's objection. In this event, the owner or operator of the source is not in violation of the requirement to have submitted a timely and complete application if the owner or operator timely provides the Department with all information necessary to revise the permit.

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)