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PARRIS N. GLENDENING, Governor
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Ch. 438
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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.
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(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:
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(1) MEETS THE THRESHOLD STANDING REQUIREMENTS UNDER
FEDERAL CONSTITUTIONAL LAW; AND
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(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.
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(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:
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(1) THAT THE OBJECTIONS WERE NOT REASONABLY ASCERTAINABLE
DURING THE COMMENT PERIOD; OR
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(2) THAT GROUNDS FOR THE OBJECTIONS AROSE AFTER THE COMMENT
PERIOD.
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(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.
(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.
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- 3297 -
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