PARRIS N. GLENDENING, Governor

S.B. 679

modification of certain permitted sources under certain circumstances; clarifying
that certain requirements do not apply to certain permits to operate; and generally
relating to air quality permitting.

BY repealing and reenacting, with amendments,
Article - Environment
Section 2-404

Annotated Code of Maryland
(1993 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Environment

2-404.

(A) THIS SECTION APPLIES TO:

(1) CONSTRUCTION OF A NEW SOURCE;

(2) REPLACEMENT OF COMPONENTS OF AN EXISTING PERMITTED
SOURCE, IF THE FIXED CAPITAL COST OF THE REPLACEMENT COMPONENTS
EXCEEDS ONE HALF OF THE FIXED CAPITAL COST THAT WOULD BE REQUIRED TO
CONSTRUCT A NEW SOURCE COMPARABLE IN PROCESS TO THE EXISTING SOURCE;

AND

(3) MODIFICATION OF AN EXISTING PERMITTED SOURCE BY MAKING A
PHYSICAL OR OPERATIONAL CHANGE TO THE SOURCE THAT WILL RESULT IN A
SIGNIFICANT NET INCREASE IN EMISSIONS OF ANY POLLUTANT FROM THAT
SOURCE.

(A) THIS SECTION APPLIES TO THE FOLLOWING ACTIVITIES:

(1) CONSTRUCTION OF A NEW SOURCE;

(2) REPLACEMENT OF COMPONENTS OF AN EXISTING PERMITTED SOURCE
IF THE FIXED CAPITAL COST OF THE REPLACEMENT COMPONENTS EXCEEDS ONE-HALF
OF THE FIXED CAPITAL COST THAT WOULD BE REQUIRED TO CONSTRUCT A NEW
SOURCE COMPARABLE IN PROCESS TO THE EXISTING SOURCE; AND

(3) MODIFICATION OF AN EXISTING PERMITTED SOURCE BY MAKING A
PHYSICAL OR OPERATIONAL CHANGE TO THE SOURCE THAT WILL RESULT IN A
SIGNIFICANT NET INCREASE IN EMISSIONS OF ANY POLLUTANT FROM THAT SOURCE.

[(a)] (B) (B) (1) Before accepting an application for a permit to construct any
source listed in SUBJECT TO subsection [(b)] (C) (C) of this section, the Department shall
require the applicant to submit documentation:

(i) That demonstrates that the proposal has been approved by the
local jurisdiction for all zoning and land use requirements; or

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