MARVIN MANDEL, Governor

2751

PETITION, A PUBLIC HEARING SHALL BE SCHEDULED AND HELD BY
THE DEPARTMENT AS SOON AS POSSIBLE, BUT NO EARLIER THAN
THE TENTH DAY FOLLOWING THE NOTICE OF HEARING REQUIRED BY
THIS SECTION. THE PETITIONER PROMINENTLY SHALL ADVERTISE
NOTICE OF THE HEARING IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE COUNTY OR CITY OF BALTIMORE IN WHICH
IS LOCATED THE FACILITY OR SOURCE FOR WHICH THE TEMPORARY
VARIANCE IS SOUGHT. EXCEPT AS MAY BE OTHERWISE PROVIDED
BY THE DEPARTMENT, THIS NOTICE SHALL CONTAIN THE
FOLLOWING INFORMATION:

(1)    THE NAME AND ADDRESS OF THE PETITIONER
AND THE LOCATION AND NAME OF THE FACILITY OR SOURCE FOR
WHICH THE VARIANCE IS SOUGHT.

(2)    THE SPECIFIC REGULATIONS FROM WHICH THE
VARIANCE IS SOUGHT AND A BRIEF STATEMENT OF THE REASONS
WHY A VARIANCE IS SOUGHT.

(3)    A STATEMENT THAT ANY PERSON MAY OPPOSE
THE PETITION FOR THE VARIANCE AT THE PUBLIC HEARING TO BE
HELD, STATING THE DATE, TIME AND LOCATION OF THAT
HEARING.

(4)     WHATEVER ADDITIONAL INFORMATION THE
DEPARTMENT REQUESTS.

(D)     IN THE EVENT THAT THE PETITIONEE DEMONSTRATES
TO THE DEPARTMENT AN IMMEDIATE NEED FOR A VARIANCE AND
UPON RECOMMENDATION OF THE BUREAU OF AIR QUALITY CONTROL,
THE DEPARTMENT MAY GRANT TO THE PETITIONER A VARIANCE
PRIOR TO THE PUBLIC HEARING. HOWEVER, A PUBLIC HEARING
SHALL BE SCHEDULED AND HELD BY THE DEPARTMENT, AS
PROVIDED ABOVE, WITHIN AT LEAST 30 DATS OF THE FILING OF
THE PETITION. THE REQUIRED NOTICE OF HEARING SHALL
REFLECT THAT A VARIANCE HAS BEEN GRANTED AND WILL BE
REVIEWED AT THE HEARING.

(E)     AFTER THE HEARING, AND UPON RECOMMENDATION OF
THE BUREAU OF AIR QUALITY CONTROL, THE DEPARTMENT MAY
GRANT AN APPROPRIATE TEMPORARY VARIANCE FOR A PERIOD OF
DP TO, BUT NOT EXCEEDING, 120 DAYS, AND, IF CIRCUMSTANCES
WARRANT, MAY TERMINATE ANY VARIANCE GRANTED PURSUANT TO
SUBSECTION (D) ABOVE. THE PERIOD OF ANY TEMPORARY
VARIANCE GRANTED MAY BE EXTENDED SUBSEQUENTLY BY THE
DEPARTMENT FOR ONE ADDITIONAL PERIOD NOT TO EXCEED 60
DAYS, PROVIDED THAT THE PETITIONER SUBMITS TO THE
DEPARTMENT ADDITIONAL INFORMATION JUSTIFYING THE
EXTENSION.

(F) AFTER REVIEWING THE PETITION, THE RECORD OF
THE HEARING, AND ANY COMMENTS, THE DEPARTMENT SHALL ACT
EXPEDITIOUSLY ON ANY PETITION FILED PURSUANT TO THE
PROVISIONS OF THIS SECTION. [[THE DEPARTMENT MAY IMPOSE