HARRY HUGHES, Governor

1229

(A) EXCEPT FOR AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY UNDER ARTICLE 78, § 54A OF THE CODE,
BEFORE THE DEPARTMENT ISSUES A PERMIT OR REGISTRATION REQUIRED BY
THIS SUBTITLE, THE DEPARTMENT SHALL:

(1) GIVE NOTICE OF THE APPLICATION FOR A PERMIT; AND

(2) PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING, AS
PROVIDED IN THIS SECTION.

(B) BEFORE THE DEPARTMENT ISSUES A PERMIT OR REGISTRATION
REQUIRED BY THIS SUBTITLE, THE DEPARTMENT SHALL HOLD A PUBLIC
HEARING IN THE COUNTY IN WHICH THE PROPOSED SOURCE THAT MAY CAUSE
OR CONTROL EMISSIONS IS TO BE LOCATED.

(A) THE DEPARTMENT SHALL COMPLY WITH THE PROVISIONS IN
SUBSECTION (B) OF THIS SECTION BEFORE ISSUING A PERMIT TO
CONSTRUCT:

(1) ANY SOURCE WHICH IS REQUIRED TO OBTAIN A PERMIT
TO OPERATE UNDER REGULATIONS ADOPTED UNDER THIS SUBTITLE; OR

(2) ANY SOURCE WHICH IS SUBJECT TO FEDERAL STANDARDS
UNDER 40 CFR PART 60 (NEW SOURCE PERFORMANCE STANDARDS), 40 CFR
PART 61 (NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS), OR 40 CFR 52.21 (PREVENTION OF SIGNIFICANT
DETERIORATION).

(B) BEFORE ISSUING A PERMIT TO CONSTRUCT FOR ANY SOURCE
LISTED: IN SUBSECTION (A) OF THIS SECTION, THE DEPARTMENT SHALL;

(1) GIVE PUBLIC NOTICE OF THE INTENDED ISSUANCE OF
THE PERMIT; AND

(2) PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING IN
THE COUNTY IN WHICH THE PROPOSED SOURCE WILL BE LOCATED.

(C) IF THE DEPARTMENT RECEIVES A WRITTEN REQUEST FOR A
PUBLIC HEARING WITHIN 10 DAYS OF THE PUBLIC NOTICE REQUIRED UNDER
SUBSECTION (B) OF THIS SECTION, THE DEPARTMENT SHALL SCHEDULE A
PUBLIC HEARING AND GIVE PUBLIC NOTICE OF THE DATE, TIME,
LOCATION, AND SUBJECT OF THE HEARING, AT LEAST 30 DAYS BEFORE THE
SCHEDULED HEARING.

(D) EXCEPT FOR A NOTICE IN THE MARYLAND REGISTER, ANY
NOTICE REQUIRED UNDER SUBSECTION (B) OR (C) OF THIS SECTION SHALL
BE IN A FORM APPROVED BY THE DEPARTMENT AND PUBLISHED IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE AREA CONCERNED AT THE
EXPENSE OF THE APPLICANT.

(C) (E) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION AND SUBJECT TO THE PROVISIONS OF THIS SECTION, THE
DEPARTMENT SHALL ISSUE OR DENY A PERMIT OR REGISTRATION WITHIN
120 60 DAYS AFTER THE LATTER OF THE: