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Ch. 438
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2002 LAWS OF MARYLAND
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(D) (1) AN APPLICANT FOR AN AIR QUALITY OPERATING PERMIT MAY SEEK
JUDICIAL REVIEW IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.
(2) EXCEPT FOR AN APPLICANT AS DESCRIBED IN PARAGRAPH (1) OF
THIS SUBSECTION, A PERSON IS NOT ENTITLED TO A CONTESTED CASE HEARING
REGARDING TITLE V OPERATING PERMITS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety,
has been passed by a yea and nay vote supported by three-fifths of all the members
elected to each of the two Houses of the General Assembly, and shall take effect from
the date it is enacted.
Approved May 16, 2002.
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CHAPTER 438
(House Bill 5)
AN ACT concerning
Environmental Standing - Judicial Review - Title V Operating Permits
FOR the purpose of expanding who has standing to seek judicial review of certain
final decisions by the Department of the Environment on certain air quality
operating permits; specifying how the judicial review shall be conducted;
specifying where the judicial review shall be conducted; making this Act an
emergency measure; and generally relating to judicial review of final decisions
on certain air quality operating permits.
BY adding to
Article - Environment
Section 2-404.1
Annotated Code of Maryland
(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
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- 3296 -
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