HARRY HUGHES, Governor

1561

TESTING, MONITORING, RECORDKEEPING, AND REPORTING
REQUIREMENTS.

(b)    No standard, rule, or regulation and no amendment
thereto shall be adopted or approved by the Board except
after public hearing by the Board after 30 days' prior
notice thereof by public advertisement of the date, time,
place, and purpose of such hearing in a newspaper or
newspapers of general circulation within the area or areas
concerned, at which opportunity to be heard by the Board
with respect thereto shall be given to the public; and
provided, further, that no such standard, rule, or
regulation and no amendment thereto shall become effective
until 60 days after the adoption thereof in the
aforementioned manner.

(c)    In the formulation of any rule or regulation for
any area or areas within the State, there shall be
considered among other things the residential, commercial,
or industrial nature of the area affected, zoning, the
nature and source of various kinds of air pollution, the
problems of various commercial and industrial establishments
that may be affected by such rule or regulation, the
environmental conditions, population density and topography
of any area concerned or which may be concerned with such
rule or regulation.

(d)    [Issue] THE BOARD MAY ISSUE orders as hereinafter
provided.

706.

(A) The Department may require by regulation that
before any person either builds, erects, alters, replaces,
operates, sells, rents, or uses any SOURCE, article,
machine, equipment or other contrivance specified by such
regulation the use of which may cause OR CONTROL emissions
into the air, such person shall obtain a permit to do so or
be required to register with the Department. The aforesaid
provisions of this section shall not apply to machinery and
equipment which are normally used in a mobile manner and
boilers used exclusively for the operation of steam engines
related to farm and domestic use, nor to generating stations
constructed by electric companies , NOR TO THE ACTUAL
CONSTRUCTION OF BUILDINGS, SEPARATE FROM ANY POSSIBLE
EMISSION PRODUCING MACHINERY THEY MAY HOUSE, NOR TO PARKING
GARAGES OR PARKING LOTS. The Secretary of Health and
Mental Hygiene upon notification from the Public Service
Commission of an application for a certificate of public
convenience and necessity shall prepare a recommendation in
connection with the registration or permit required by this
section. Such recommendation shall be presented at the
hearing required under Article 78, § 54A, of the Annotated
Code of Maryland. The decision of the Public Service
Commission in connection with the registration or permit
shall be binding on the Secretary of Health and Mental
Hygiene, subject to judicial review as set forth in the
provisions of Article 78, § 91, subsection (a).