HARRY HUGHES, Governor

1811

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, §§ 697(b) and 700.

In subsection (c)(1) of this section, the new
language "at least", which modifies the reference
to 30 days, is added to state explicitly that the
required act need not occur precisely 30 days
before the hearing so long as it occurs no less
than 30 days before the hearing.

As to the Administrative Procedure Act, see
Article 41, § 244 et seq. of the Code.

2-304. STATE AGENCIES TO CONSULT WITH DEPARTMENT.

EACH STATE AGENCY SHALL CONSULT WITH THE DEPARTMENT
BEFORE ADOPTING ANY RULE OR REGULATION THAT RELATES TO
AMBIENT AIR QUALITY CONTROL.

REVISOR'S NOTE: This section is new language derived
without substantive change from the last clause
of the fifth sentence of former Article 43, §
693(a).

SUBTITLE 4. PERMITS AND REGISTRATION.

2-401. PERMITS OR REGISTRATION — IN GENERAL.

EXCEPT AS PROVIDED IN § 2-402 OF THIS SUBTITLE, THE
DEPARTMENT MAY ADOPT RULES OR REGULATIONS THAT REQUIRE A
PERMIT OR REGISTRATION BEFORE A PERSON CONSTRUCTS, MODIFIES,
OPERATES, OR USES A SOURCE THAT MAY CAUSE OR CONTROL
EMISSIONS INTO THE AIR.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of former Article 43, § 706(a).

2-402. SAME — EXCEPTIONS.

THE DEPARTMENT MAY NOT REQUIRE A PERMIT OR REGISTRATION
FOR:

(1)  ANY MACHINERY OR EQUIPMENT THAT NORMALLY IS
USED IN A MOBILE MANNER;

(2)  ANY BOILER USED EXCLUSIVELY TO OPERATE STEAM
ENGINES FOR FARM AND DOMESTIC USE;

(3) ANY GENERATING STATION CONSTRUCTED BY AN
ELECTRIC COMPANY;