Air and Radiation Permits, Licenses and Approvals



Permits of Interest  

Dominion Cove Point LNG, LP Charles Station 

Public Hearing

 Please Note:  A request for a one-time 60-day extension to the public comment period was received and granted. The Public Comment Period has been extended through June 12, 2018.
March 28, 2018 at 6:30 PM for a draft Air Quality Permit to Construct for one natural gas compressor station consisting of two compressor turbines, each equipped with SCR and oxidation catalysts, one 1070 HP emergency generator, one 5.25 MMbutu boiler, and three storage tanks.
The Public Hearing will be held at the Bryans Road Volunteer Fire Hall located at 3099 Livingston Road, Bryans Road, MD 20616. The public comment period begins March 14, 2018 and expires April 13, 2018.  Comments may be submitted at the Public Hearing or in writing to the Department to the attention of Ms. Shannon Heafey, MDE/ARA, 1800 Washington Boulevard, Suite 720, Baltimore MD 21230-1720. Citizens may request a one-time 60 day extension to the comment period at the Public Hearing or in writing to the Department during the comment period.   
     The tentative determination can be found here.  The draft permit conditions may be found here.  Both documents will also be included in the Dockets located at the Potomac Branch Library, 3255 Ruth B. Swann Drive, Indian Head MD 20640, and at MDE headquarters. 
    The Air Quality Permits program received a Permit to Construct Application for the Charles Station project for one compressor station that will consist of two combustion turbines equipped with SCR and thermal oxidation units, one 1070HP emergency generator, one 5MMBTU boiler and three storage tanks to be located on their property at 6855 Barrys Hill Road in Bryans Road, MD.
     This application can be found at the Potomac Branch of the Charles County library located in Indian Head, MD and can be viewed online here.  Application Supplement One SCR can be found here.  Application Supplement Two air dispersion modeling can be found here.  Supplement site map can be found here.
     The presentation given at the informational meeting by Dominion can be viewed here
The transcript of the Public Hearing held on March 28, 2018 can be viewed here
Please Note:   The Maryland Department of the Environment (The Department) is aware of the Charles County Board of Appeals’ decision on March 13, 2018 to deny the zoning special exception for Dominion Energy Cove Point LNG, LP (Charles Station) (Dominion). The Department held the public hearing on March 28, 2018 on the tentative determination to issue the permit-to-construct for Dominion and extended the comment period to June 12, 2018  to allow persons to voice their comments and concerns on all air quality issues related to to the proposed facility.  After comments are received, the Department will review the comments, and will then make a final determination with regard to issuance or denial of the permit. In the interim, the Department will be reviewing the factual and legal basis for the Charles County Board of Appeals’ decision to deny the zoning special exception to determine whether there are issues of federal preemption or other legal concerns.

Public Hearing for Access World (US) LLC

 A Public Hearing for Access World (US) LLC which was postponed due to inclement weather will be held on April 19, 2018 at 7:00PM at the North Point Edgemere Volunteer Fire Hall, located at 7500 North Point Road, Sparrows Point MD.

Please Note:  A request for a one-time 60-day extension was requested and granted.  The the comment period due to expire on May 5, 2018 has been extended through July 6, 2018.


Auston Tire and Processing LLC Permit to Construct  Informational Meeting

An informational meeting was held on September 5, 2017 for a permit to construct application submitted by Auston Transfer and Processing, LLC for the installation of one tire gasification pyrolysis conversion process to be located at their property on 1202 Pauls Lane, Joppa MD. The company's presentation which included a Power Point presentation, can be viewed here.


Permits News

Notice of Final Rule - Interprecursor Trading Regulations- Emissions Reduction Credits

On March 14, 2018 the Maryland Department of the Environment (MDE) adopted amendments to regulations pertaining to Emission Reduction Credits (ERCs) contained in COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major Modifications.   These amendments allow interprecursor trading of ozone precursors, NOx, and VOC.
The regulations became effective on April 9, 2018.
The Maryland Register Notice of Final Action dated March 30, 2018 may be viewed here.
The Maryland Register Notice dated January 19, 2018 with the amendments can be viewed here.

General Permits Fee Reductions

Effective August 29, 2016 the following General Permits have had fee changes:

  • Charbroiler and Pit Barbeque General Permit fee has been reduced to $100.00 per piece of equipment
  • Small Boiler General Permit fee has been reduced to $400.00 per piece of equipment.

Please use the new application forms located online, and submit the correct payment. If you have any questions, please contact Christopher Mentzer 410-537-3225 or


EPA Designates New Area in Maryland as Nonattainment for the 2010 SO2 NAAQS

The EPA signed a rule on June 30, 2016 designating certain areas non-attainment for the 2010 SO2 NAAQS. One of these areas is in Maryland. Specifically, it is the area within 26.8 kilometers of Raven Power Fort Smallwood, LLC's Herbert A. Wagner Power Plant, Unit 3 stack, which is located at 39.17765N Latitude, and -76.52752W Longitude in portions of both Anne Arundel County and Baltimore County.


New Permit to Construct Forms

Effective May 4, 2016, The Air Quality Permits Program has updated two application forms which are available on our website.

  • Form 5T replaces Form 5A for Toxic Air Pollution (TAP) compliance and summary data.
  • Form EP replaces Form 5B for emissions point data.
  • Updated toxic air pollutant regulation guidance documents can be downloaded here.
  • Also new on our website is the Permit to Construct Checklist, which is now included with Forms 5, 10, 11, 41, 42 and 44.

 Redesignation of Nonattainment Areas to Attainment

  • On October 6, 2014 EPA published a Final Rule in the Federal Register approving the State of Maryland's request to redesignate the Maryland region of the Washington DC-MD-VA Nonattainment Area for the annual PM2.5 National Ambient Air Quality Standards (NAAQS) to Attainment status. The DC area includes Charles, Frederick, Montgomery and Prince George's counties. The rule became effective November 5, 2014.
  • On December 16, 2014 EPA published a Final Rule in the Federal Register approving the State of Maryland's request to redesignate the Baltimore Maryland Non-attainment Area for the annual PM2.5 National Ambient Air Quality Standards (NAAQS) to Attainment status. Per the notice, "EPA has determined that the Baltimore Area attained the standard and that it continues to attain the standard". The Baltimore area includes Baltimore City, and Anne Arundel, Baltimore, Carroll, Harford and Howard counties. The rule became effective December 16, 2014.
  • On December 16, 2014 EPA published a Final Rule in the Federal Register approving the State of Maryland's request to redesignate the Maryland portion of the Martinsburg-Hagerstown, WV-MD Nonattainment Area for the annual PM2.5 National Ambient Air Quality Standards (NAAQS) to Attainment status. Per the notice, "EPA has determined that the Martinsburg Area attained the standard and that it continues to attain the standard". In Maryland, the Martinsburg Area consists of Washington County. The rule became effective December 16, 2014.

 CPCN Waivers for New Electric Generation (Effective February 16, 2015).

Effective February 16, 2015 the Public Service Commission (PSC) adopted regulations that increase the threshold for a waiver for a Certificate of Public Convenience and Necessity (CPCN) exemption for electric generators from greater than 1500 kilowatts (kW), to greater than 2000 kilowatts (kW). In accordance with the new PSC regulations, applicants proposing to install a new electric generator rated at 2000 kW or less will no longer be required to obtain a CPCN waiver prior to obtaining an Air Quality Permit to Construct from the Air and Radiation Management Administration.

Please note, the threshold for obtaining permits to construct for electric generators remains unchanged at 373 kW or greater. Questions pertaining to this change may be directed to Ms. Suna Sariscak, Chief, Technical Support Division, at, or at 410-537-3230.


Public Participation Opportunities For APA and Alternate NSPS Air Quality Permits To Construct

Public Participation Opportunities for Permits to Construct with Expanded Review

Certain permits to construct qualitfy for expanded public review. These permits, known as Administrative Procedures Act (APA) Permits, go through several steps during the permitting process, including providing opportunities for public involvement through informal Informational Meetings and formal Public Hearings. The list of these qualifying permits can be found in COMAR 26.11.02. The Air Quality Permit issuance process for these permits, including judicial review, can be found here


Certain Sources Subject to New Source Performance Standards (NSPS)

House Bill 95, which took effect on October 1, 2013, established an alternate public review procedure for sources subject to public review only because they trigger EPA's New Source Performance Standards (NSPS). Examples include: non-emergency generators, small combined heat/power facilities, peak shavers, and boilers less than 50 MMbtu/hr that are not covered under an Air Quality General Permit to Construct. The Department will accept comments on these draft permits. Draft permits which qualify under the Alternate Public Review category can be found listed with other APA draft permits.

 none at this time



 List of Public Participation Opportunities

Please see the Public Participation Opportunities page here for current opportunities to review and comment on draft permits with expanded public review and draft Alternate NSPS permits. The list includes opportunities to request Informational Meetings and Public Hearings and scheduled Informational Meetings and Public Hearings. Permits with Final Determinations and dates issued can also be found on the Public Participation Opportunities page.

Please contact Shannon Heafey, Public Participation Coordinator, at 410-537-4433 or with any questions. To add your contact information to an Interested Parties List, please contact Ms. Heafey and provide your area of interest and the preferred method of contact.