COMAR 26.11.02.09. Sources Subject to Permits to Construct and Approvals

A. A person may not construct or modify or cause to be constructed or modified any of the following sources without first obtaining, and having in current effect, the specified permits to construct and approvals:

(1) New Source Review Source (NSR source), as defined at COMAR 26.11.01.01 —approval required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§ 7-207 and 7-208 , Annotated Code of Maryland;

(2) Prevention of Significant Deterioration (PSD) Source, as defined at COMAR 26.11.01.01 —approval required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§ 7-207 and 7-208 , Annotated Code of Maryland;

(3) New Source Performance Standard Source (NSPS source), as defined at COMAR 26.11.01.01 — permit to construct required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§ 7-207 and 7-208 , Annotated Code of Maryland;

(4) National Emission Standards for Hazardous Air Pollutants Source (NESHAP source), as defined at COMAR 26.11.01.01B(21)(a) — permit to construct required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§ 7-207 and 7-208 , Annotated Code of Maryland;

(5) Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—permit to construct required;

COMAR 26.11.01.01B(21)(a) — permit to construct required, except for electric generating stations that receive a certificate of public convenience and necessity (CPCN) under Public Utilities Article, §§ 7-207 and 7-208 , Annotated Code of Maryland;

(5) Stationary source of lead that discharges 1 ton per year or more of lead or lead compounds measured as elemental lead—permit to construct required;

(6) All sources, including installations and air pollution control equipment, except as listed in Regulation .10 of this chapter —permit to construct required.

B. In the event of a conflict between the applicability of §A(1)—(5) of this regulation and an exemption listed in Regulation .10 of this chapter , the provision that requires a permit applies.

C. Approval of a PSD or NSR source by the Department does not relieve the person obtaining approval from also obtaining all permits to construct required by §A(3)—(6) of this regulation.

D. General Permits to Construct. The Department may issue a general permit to construct covering similar sources, emissions units, or control equipment.

Cross References 26.11.02.01B(24) 26.11.02.11B(2) 26.11.02.14B 26.11.03.17F(1) 26.11.06.06E(4)(g) 26.11.15.03A(1)(a)