Maryland § 2-404.1

Full text of Maryland Maryland Code § 2-404.1, with citation guidance and answers to common questions.

§ 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.

    (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.

Frequently Asked Questions About Maryland § 2-404.1

What does Maryland Code § 2-404.1 cover?

Section 2-404.1 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 2-404.1?

A common citation format is "Maryland Code § 2-404.1" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 2-404.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.