Header:
CODE OF MARYLAND REGULATIONS
TITLE 26. DEPARTMENT OF ENVIRONMENT
SUBTITLE 11. AIR QUALITY
CHAPTER 05. AIR POLLUTION EPISODE SYSTEM
Date:
08/31/2009
Document:
.04 Standby Emission Reduction Plans.
A. When requested by the Department, any person responsible for the operation of an installation specifically identified in Table I, II, or III of this chapter shall prepare in writing, standby emission reduction plans, consistent with good industrial practice and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, II, and III as applicable.
B. When requested by the Department, any person responsible for the operation of a source of emissions not specifically identified under Sec. A shall prepare, in writing, standby emission reduction plans, consistent with good industrial practice and safe operating procedures, for reducing emissions creating air pollution during periods of Alert, Warning, and Emergency. Standby emission reduction plans shall be designed to reduce or eliminate emissions in accordance with the objectives set forth in Tables I, II, and III as applicable.
C. Standby emission reduction plans as required in Sec. A and B shall be in writing and show the source of emissions, the approximate amount of reduction of emissions to be achieved, the time necessary to achieve the reduction after being notified to implement the plan, and a description of the manner in which the reduction will be achieved during an Alert, Warning, and Emergency period in accordance with the objectives set forth in Tables I, II, and III. These plans shall be submitted in the form specified by the Department.
D. During a condition of Alert, Warning, or Emergency, standby emission reduction plans as required by this regulation shall be made immediately available on the premises to any person authorized to enforce regulations promulgated under terms of the Air Quality Control Act.
E. Standby emission reduction plans as required by this regulation shall be submitted to the Department upon request within 30 days of receipt of the request. Standby emission reduction plans shall be subject to review and approval by the Department. If, in the opinion of the Department, the standby emission reduction plans do not carry out the objectives set forth in Tables I, II, and III, the Department may disapprove of the standby emission reduction plans, state its reason for disapproval, and recommend specific amendments to the proposed standby emission reduction plans. The revised plans shall be resubmitted within a time period specified by the Department.
F. Any person aggrieved by an order requiring the preparation of a revised plan shall be entitled to a hearing, upon written request filed within 10 days after the receipt of the order. When a hearing is requested by the aggrieved, it shall be held pursuant to Environment Article, Sec. 2-605, Annotated Code of Maryland.
G. If any person fails to submit a standby emission reduction plan within the time period specified, or if, in the opinion of the Department, a submitted plan does not carry out the objectives set forth in Tables I, II, and III, the Department shall promulgate such standby emission reduction as will meet the objectives set forth in Tables I, II, and III. The plan shall thereafter be the standby emission reduction plan which the person responsible shall put into effect upon the declaration by the Secretary or the Governor of an air pollution Alert, Warning, or Emergency.
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