Section 2-404.1 - Judicial review.
§ 2-404.1. Judicial review.
(a) Who may partake of judicial review.- 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) Scope.- 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) Filing of petition.- 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) Judicial review of air quality operating permit.-
(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.
[2002, chs. 437, 438.]