The draft permit and application may be viewed at the Fairmount Branch Library, 5904 Kolb Street, Fairmount Heights, MD. Ask for Docket #05-18. The Docket containing the Air Quality Permit Application may be viewed here. The Tentative Determination and Fact Sheet may be viewed here. The Draft Permit conditions may be viewed here. PLEASE NOTE: THE COMMENT PERIOD HAS BEEN EXTENDED THROUGH AUGUST 19, 2019
A new general permit to construct category has been created for emergency generator sets. The general permit applies to an emergency electric generator set equipped with a stationary internal combustion engine rated at 500 brakehorse power (373 kilowatts) and up to and including 2681 brakehorse power (2000 kilowatts) that is ONLY used for emergency operation and maintenance and testing.
AND
The engine satisfies one of the two following conditions:
-
The engine was constructed after July 11, 2005 with a manufacture date after April 1, 2006, the engine is an emergency diesel-fired, compression ignition, internal combustion engine with a dislacement of less than 30 liters per cylinder, and the engine is certified to the emergency engine emission standards of 40 CFR § 60.4205(a) or (b), as applicable, for the same model year and maximum engine power.
OR
- The engine is an existing emergency stationary reciprocating internal combustion engine constructed before June 12, 2006.
Note: Emergency electric generator sets with larger engines (rated greater than 2681 brake horsepower) that require a waiver from a CPCN from the PSC, gas-fired, spark ignition engines that are not typically certified by the US EPA, and generator sets located at major sources of hazardous air pollutants (HAPs) are not eligible for a general permit to construct. Please use Form 42 under Permits to Construct and Operate Application Forms.
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 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 christopher.mentzer@maryland.gov.
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 Updated forms can be found on the Permits to Construct and Operate page.
- 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 the 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 the 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 the 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 suna.sariscak@maryland.gov, or at 410-537-3230.
Public Participation
Public Review Opportunities for Draft Permits to Construct and Title V
Certain Air Quality Permits to Construct (PTC) qualify for expanded public review. These permits, known as Administrative Procedures Act (APA) Permits, include opportunities for public involvement through Informational Meetings and Public Hearings as part of the permit review and issuance process. The list of these qualifying PTC 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. Draft Part 70/Title V permits also have public review opportunities which can be found on the Title V Program Information page.
Alternate Public Review for Certain Sources
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, and peak shavers. The Department will accept comments in writing on these draft permits which will be listed on the Public Participation Opportunities Page listed below.
Current Public Participation Opportunities
A list of current public participation opportunities for Permits to Construct can be reviewed here. The list includes opportunities to request Informational Meetings and Public Hearings, scheduled Informational Meetings and Public Hearings, and Alternate NSPS draft permits comment opportunities. The page also lists Final Determinations for Permits To Construct that have been issued, and the date of issuance.
A table with issued Title V permits, with links to the permit documents, can be found on the Title V Program page.
Interested Parties Notifications
Please contact Shannon Heafey, Public Participation Coordinator, at 410-537-4433 or shannon.heafey@maryland.gov 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.