WILLIAM DONALD SCHAEFER, Governor                         Ch. 358

(H) "REGULATED EMISSIONS" MEANS THE ACTUAL RATE OF EMISSIONS, IN
TONS PER YEAR, OF ANY REGISTERED POLLUTANT EMITTED BY A SOURCE, TO BE
CALCULATED USING CRITERIA CONSISTENT WITH 40 CFR 70 (OPERATING PERMIT
PROGRAM), AND SUBJECT TO A LIMIT OF 4,000 TONS PER YEAR OF ANY SINGLE
POLLUTANT.

[(h)](I) "Source" means any person or property that contributes to air pollution.

2-401.

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.

2-402.

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)      The construction of a generating station constructed by an electric
company;

(4)     Actual construction of buildings, apart from any possible emission
producing machinery housed in the buildings;

(5)     Any parking garage; or

(6)     Any parking lot.

2-403.

(a)     (1) The Department, by [rule or] regulation, shall require and collect a fee
for each permit issued under § 2-401 of this subtitle;

(2) In adopting the [rules and] regulations under this section, the
Department shall consult with industry to determine that the permit fee is reasonable and
directly related to the actual cost of the permitting and regulatory activity, and does not
exceed a certain dollar amount.

(b)     (1) The amount of the [fee] FEES shall cover:

[(1)](I) The reasonable cost of reviewing and acting on the application for
the [permit; and] PERMITS;

[(2)](II) The reasonable costs incurred in implementing and enforcing the
terms and conditions of the [permit,] PERMITS, exclusive of any court costs or other
costs associated with any enforcement Taction.] ACTIONS; AND

(III) THE COSTS IDENTIFIED IN § 502(B)(3) OF THE CLEAN AIR ACT
AMENDMENTS OF 1990.

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