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PARRIS N. GLENDENING, Governor
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Ch. 437
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(1996 Replacement Volume and 2001 Supplement)
Preamble
WHEREAS, On December 3, 2001 the Department of the Environment lost
federal approval of its Clean Air Act Title V air quality permit program; and
WHEREAS, The General Assembly finds that, for the Department to be able to
implement an approved State Title V air quality permit program, the standing
requirements for judicial review of operating permits issued pursuant to Title V of the
Clean Air Act must be broadened; and
WHEREAS, The General Assembly declares that this Act is intended to expand
standing for the Title V air quality operating permit program without creating any
precedent for any other permit program; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
2-404.1.
(A) EXCEPT FOR AN APPLICANT WHO ELECTS TO PROCEED UNDER
SUBSECTION (D) OF THIS SECTION, A FINAL DECISION BY THE DEPARTMENT ON THE
ISSUANCE, RENEWAL, OR REVISION OF AN OPERATING PERMIT ISSUED PURSUANT
TO TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990 IS SUBJECT TO
JUDICIAL REVIEW BY ANY PERSON WHO:
(1) MEETS THE THRESHOLD STANDING REQUIREMENTS UNDER
FEDERAL CONSTITUTIONAL LAW; AND
(2) PARTICIPATED IN A PUBLIC PARTICIPATION PROCESS THROUGH THE
SUBMISSION OF WRITTEN OR ORAL COMMENTS, UNLESS AN OPPORTUNITY FOR
PUBLIC PARTICIPATION WAS NOT REQUIRED BY STATUTE OR REGULATION.
(B) JUDICIAL REVIEW SHALL BE ON THE ADMINISTRATIVE RECORD BEFORE
THE DEPARTMENT AND LIMITED TO OBJECTIONS RAISED DURING THE PUBLIC
COMMENT PERIOD, UNLESS THE PETITIONER DEMONSTRATES:
(1) THAT THE OBJECTIONS WERE NOT REASONABLY ASCERTAINABLE
DURING THE COMMENT PERIOD; OR
(2) THAT GROUNDS FOR THE OBJECTIONS AROSE AFTER THE COMMENT
PERIOD.
(C) UNLESS OTHERWISE REQUIRED BY STATUTE, A PETITION FOR JUDICIAL
REVIEW BY A PERSON WHO MEETS THE REQUIREMENTS OF SUBSECTION (A) OF THIS
SECTION SHALL BE FILED WITH THE CIRCUIT COURT FOR THE COUNTY IN WHICH
ANY PARTY RESIDES OR HAS A PRINCIPAL PLACE OF BUSINESS.
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- 3295 -
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