Air Permits Program News
Permits of Interest
Joseph Smith and Sons, Inc. Permit to Construct Application
An Air Quality Permit Application was submitted by Joseph Smith and Sons, Inc. for screening operations, an aluminum process and other installations located on their properties at 4516 S. Street and 2001 Kenilworth Avenue in Capitol Heights MD. An informational Meeting was held on September 17, 2018. The Air Permit Application may be found here.
Maryland Crematory, LLC Permit to Construct Final Determination
A Final Determination has been made to issue an Air Quality permit to construct to Maryland Crematory, LLC effective October 22, 2018 for the installation of two human crematories to be located at 408 Headquarters Drive, Millersville, MD 21108. The Notice of Final Determination was published October 19, 2018 and October 26, 2018 in the Capital Gazette. The Notice can be viewed here. The Final Determination and Response to Comments Document can be viewed here. The Permit can be viewed here. The transcript of the public hearing held on May 31, 2018 can be viewed here.
Dominion Cove Point LNG, LP Charles Station Air Permit Application Status Update
On October 16, 2018 Dominion Energy Cove Point LNG, LLC (Dominion) provided to the US District Court, which is overseeing the zoning challenge lawsuit between Dominion and the Charles County Board of Appeals, a status report on its efforts to find an alternative site for the construction of a natural gas compressor station. This Status Report submittal may be viewed here. In addition, Dominion submitted a Stipulation of Dismissal Without Predjudice, which was agreed to by both parties to the action. This submittal my be viewed here. On October 26, 2018 The Department received a letter from Dominion formally withdrawing its air quality permit application for a natural gas compressor station to be located in Bryans Road, Charles County, MD. The letter may be viewed here. The Department has ceased processing the application. Please contact Shannon Heafey, Public Participation Coordinator at 410-537-4433 with any questions.
Auston Transfer & Processing LLC Permit to Construct Status Update
The Air Quality Permit Application submitted by Auston Transfer & Processing, LLC for the installation of a tire pyrolysis plant to be located at their property, 1202 Pauls Lane, Joppa, MD 21085 has been withdrawn effective October 9, 2018 due to lack of zoning approval. The letter sent to Auston Transfer & Processing, LLC by the Department can be viewed here. Please contact Shannon Heafey, Public Participation Coordinator, at shannon.heafey@maryland.gov with any questions.
Permits Program Updates
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 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 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 Opportunities For APA and Alternate NSPS Air Quality Permits To Construct
Public Participation Opportunities for Permits to Construct with Expanded Public 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 Informational Meetings and 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.
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
The Public Participation Opportunities Page can be found
here. It includes opportunities to request Informational Meetings and Public Hearings, scheduled Informational Meetings and Public Hearings, and Alternate NSPS draft permits. The page also lists Final Determinations for draft permits and dates permits were issued.
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.