EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1484*
HOUSE BILL 1484
M3 5lr2117
CF SB 978
By: Delegate J. Lewis
Introduced and read first time: February 7, 2025
Assigned to: Environment and Transportation and Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Environmental Permits – Requirements for Public Participation and Impact 2
and Burden Analyses 3
(Cumulative Harms to Environmental Restoration For Improving Shared 4
Health – CHERISH Our Communities Act) 5
FOR the purpose of applying certain public participation requirements to permits for 6
certain projects that have been identified in a certain manner as having an increased 7
potential for adverse community environmental and public health impacts; requiring 8
a person applying for certain permits for certain projects with an increased potential 9
to cause adverse community environmental and public health impacts to include in 10
the permit application a certain environmental impact analysis and, if the project is 11
located within a certain radius from the boundary of a certain census tract, an 12
existing burden report prepared in a certain manner; requiring the Department of 13
the Environment to make a certain determination, after review of certain 14
information, as to whether a certain project may cause or contribute to an increased 15
potential of certain adverse impacts; requiring the Department to deny a permit 16
under certain circumstances, subject to a certain exception; requiring the 17
Department to make certain enforcement information available in a certain manner; 18
requiring that a certain percentage of revenue from certain enforcement actions be 19
distributed to a special fund for certain purposes; requiring the Secretary of the 20
Environment to prepare a certain recommendation in connection with certain issues 21
considered by the Public Service Commission; and generally relating to 22
environmental permits. 23
BY repealing and reenacting, with amendments, 24
Article – Environment 25
Section 1–601(a), 1–601.1, 1–602(a), and 2–405(a) 26
Annotated Code of Maryland 27
(2013 Replacement Volume and 2024 Supplement) 28
BY adding to 29 2 HOUSE BILL 1484
Article – Environment 1
Section 1–703 through 1–705 2
Annotated Code of Maryland 3
(2013 Replacement Volume and 2024 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Environment 7
1–601. 8
(a) Permits issued by the Department under the following sections shall be issued 9
in accordance with this subtitle: 10
(1) Air quality control permits to construct subject to § 2–404 of this article; 11
(2) Permits to install, materially alter, or materially extend landfill 12
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 13
(3) Permits to discharge pollutants to waters of the State issued [pursuant 14
to] IN ACCORDANCE WITH § 9–323 of this article; 15
(4) Permits to install, materially alter, or materially extend a structure 16
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 17
[pursuant to] IN ACCORDANCE WITH § 9–234.1 or § 9–238 of this article; 18
(5) Permits to own, operate, establish, or maintain a controlled hazardous 19
substance facility issued [pursuant to] IN ACCORDANCE WITH § 7–232 of this article; 20
(6) Permits to own, operate, or maintain a hazardous material facility 21
issued [pursuant to] IN ACCORDANCE WITH § 7–103 of this article; 22
(7) Permits to own, operate, establish, or maintain a low–level nuclear 23
waste facility issued [pursuant to] IN ACCORDANCE WITH § 7–233 of this article; [and] 24
(8) Potable reuse permits issued in accordance with § 9–303.2 of this 25
article; AND 26
(9) PERMITS FOR PROJECTS IDENTIFIED UNDER § 1–703 OF THIS 27
TITLE AS HAVING AN I NCREASED POTENTIAL F OR ADVERSE COMMUNITY 28
ENVIRONMENTAL AN D PUBLIC HEALTH IMPA CTS. 29
1–601.1. 30
HOUSE BILL 1484 3
(a) A person applying for a permit listed under § 1–601(a) of this subtitle shall 1
include in the permit application the EJ Score from the Maryland EJ tool for the census 2
tract where the applicant is seeking a permit, unless the permit requires the applicant to 3
use a tool developed by the U.S. Environmental Protection Agency. 4
(b) IN ADDITION TO THE RE QUIREMENT UNDER SUBS ECTION (A) OF THIS 5
SECTION, A PERSON APPLYING FO R A NEW, RENEWAL, OR EXPANSION PERMIT FOR A 6
PROJECT IDENTIFIED UNDER § 1–703 OF THIS TITLE AS HAV ING AN INCREASED 7
POTENTIAL FOR ADVERS E COMMUNITY ENVIRONM ENTAL AND PUBLIC HEA LTH 8
IMPACTS SHALL INCLUD E IN THE PERMIT APPL ICATION AN ENVIRONME NTAL 9
IMPACT ANALYSIS THAT INCLUDES: 10
(1) A DESCRIPTION OF THE P ROPOSED PERMIT AND THE 11
ENVIRONMENTAL CONDIT IONS OF THE SITE; 12
(2) THE ENVIRONMENTAL AND PUBLIC HEALTH IMPACT S OF THE 13
PROPOSED PERMIT , DETAILING BOTH SHORT – AND LONG– TERM EFFECTS ; 14
(3) ANY ALTERNATIVES TO T HE PROPOSED PERMIT ; 15
(4) ANY IRREVERSIBLE OR I RRETRIEVABLE COMMITMENT OF 16
RESOURCES INVOLVED I N THE PROPOSED PERMI T; 17
(5) MITIGATION MEASURES P ROPOSED TO MINIMIZE IDENTIFIED 18
ENVIRONMENTAL IMPACT S; AND 19
(6) IF APPLICABLE , A PROPOSED EXISTING BURDEN REPORT 20
REQUIRED UNDER § 1–704 OF THIS TITLE. 21
(C) On receiving an application for a permit listed under § 1–601(a) of this 22
subtitle, the Department shall, in accordance with regulations adopted under this section, 23
review the EJ Score for the census tract where the applicant is seeking a permit using the 24
Maryland EJ tool to verify the applicant’s information. 25
[(c)] (D) The Department shall adopt regulations to implement this section. 26
1–602. 27
(a) Wherever this subtitle requires the Department to publish notice: 28
(1) Notice shall be published at least once a week for 2 consecutive weeks 29
in a daily or weekly newspaper of general circulation in the geographical area in which the 30
proposed facility is located; 31
(2) The notice shall include: 32 4 HOUSE BILL 1484
(i) The EJ Score for the census tract where the applicant is seeking 1
a permit, provided by the applicant under § 1–601.1 of this subtitle; 2
(ii) The address of the Department website for accessing the EJ 3
Score review conducted under § 1–601.1 of this subtitle; [and] 4
(iii) A description of the environmental justi ce indicators 5
contributing to the EJ Score of the census tract where the applicant is seeking a permit; 6
AND 7
(IV) IF THE PERMIT IS FOR A PROJECT IDENTIFIED UNDER § 8
1–703 OF THIS TITLE AS HAV ING AN INCREASED POT ENTIAL FOR ADVERSE 9
COMMUNITY ENVIRONMEN TAL AND PUBLIC HEALTH IM PACTS, THE 10
ENVIRONMENTAL IMPACT ANALYSIS REQUIRED UN DER § 1–601.1(B) OF THIS 11
SUBTITLE, INCLUDING, IF APPLICABLE, THE PROPOSED EXISTIN G BURDEN REPORT 12
REQUIRED UNDER § 1–704 OF THIS TITLE; 13
(3) The Department may require notice of an informational meeting or a 14
public hearing by mail to each person requesting the meeting or hearing or to their 15
authorized representatives; 16
(4) The Department may provide additional notice by requiring the notice 17
to be posted at the proposed facility or at public facilities in the geographical area of the 18
proposed facility; and 19
(5) The applicant shall bear all costs incurred by the Department in 20
providing notice. 21
1–703. 22
(A) IN THIS SECTION , “COVERED PROJECT ” MEANS AN ACTIVITY OR A 23
FACILITY TYPE THAT IS ANY: 24
(1) AGGREGATE MINING OPER ATION, INCLUDING GRAVEL MIN ING; 25
(2) ANAEROBIC DIGESTER ; 26
(3) CARBON DIOXIDE PIPELI NE; 27
(4) COAL MINE, ACTIVE OR INACTIVE ; 28
(5) CONCENTRATED ANIMAL F EEDING OPERATION ; 29
(6) CONCRETE BATCHING FAC ILITY; 30 HOUSE BILL 1484 5
(7) ENERGY–GENERATING FACILITY , EXCLUDING SOLAR , WIND, AND 1
GEOTHERMAL FACILITIE S; 2
(8) ENERGY STORAGE SITE , INCLUDING DATA CENTE RS AND 3
HYDROGEN HUBS ; 4
(9) FOSSIL FUEL SHIPMENT , HANDLING, OR PROCESSING FACILI TY, 5
INCLUDING BULK SHIPP ING TERMINALS AND AN Y COMPONENT OF A FACIL ITY THAT 6
PROCESSES OR STORES , OR BOTH, LIQUIFIED NATURAL GA S; 7
(10) INCINERATOR , INCLUDING INCINERATO RS FOR MEDICAL WASTE , 8
MUNICIPAL SOLID WAST E, ANIMAL WASTE , OR WOODY BIOMASS ; 9
(11) LANDFILL, INCLUDING LANDFILLS THAT ACCEPT ASH , 10
CONSTRUCTION OR DEMOL ITION DEBRIS, OR SOLID WASTE ; 11
(12) MANUFACTURING FACILIT Y, INCLUDING CHEMICAL 12
MANUFACTURING ; 13
(13) MATERIALS RECOVERY FA CILITY; 14
(14) MILITARY TESTING AND RESEARCH SITE ; 15
(15) PELLET FACTORY ; 16
(16) REFINERY; 17
(17) SAWMILL; 18
(18) SCRAP METAL YARD ; 19
(19) SEWAGE TREATMENT PLAN T WITH A CAPACITY OF MORE THAN 20
50,000,000 GALLONS PER DAY ; 21
(20) SLUDGE PROCESSING FAC ILITY; 22
(21) SOLID WASTE TRANSFER STATION; OR 23
(22) SUPERFUND SITE . 24
(B) THE DEPARTMENT SHALL IDEN TIFY A COVERED PROJECT AS HAVI NG 25
AN INCREASED POTENTI AL FOR ADVERSE COMMU NITY ENVIRONMENTAL A ND 26 6 HOUSE BILL 1484
PUBLIC HEALTH IMPACT S IF THE COVERED PRO JECT REQUIRES ANY OF THE 1
FOLLOWING PERMITS : 2
(1) AIR QUALITY CONTROL P ERMITS TO CONSTRUCT , SUBJECT TO § 3
2–404 OF THIS ARTICLE; 4
(2) NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM 5
PERMITS; 6
(3) PERMITS TO OWN , OPERATE, OR MAINTAIN A HAZARD OUS 7
MATERIAL FACILITY IS SUED IN ACCORDANCE W ITH § 7–103 OF THIS ARTICLE; 8
(4) PERMITS TO OWN , OPERATE, OR MAINTAIN A LOW –LEVEL 9
NUCLEAR WASTE FACILITY ISSUE D IN ACCORDANCE WITH § 7–233 OF THIS ARTICLE; 10
(5) POTABLE REUSE PERMITS ISSUED IN ACCORDANCE WITH § 11
9–303.2 OF THIS ARTICLE; 12
(6) REFUSE DISPOSAL PERMI TS; 13
(7) SEWAGE SLUDGE PERMITS ; 14
(8) STATE–ONLY CONDITIONS ASSO CIATED WITH TITLE V (PART 70) 15
PERMITS TO OPERATE ; OR 16
(9) STATE PERMITS TO OPER ATE MINOR AIR POLLUT ION SOURCES 17
THAT HAVE BEEN IDENT IFIED BY THE DEPARTMENT AS NEEDING PERMITS TO 18
OPERATE. 19
1–704. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “AT–RISK CENSUS TRACT ” MEANS A CENSUS TRACT FOR WHICH 23
THE FINAL EJ SCORE FROM THE MARYLAND EJ TOOL IS AT OR ABOVE THE 75TH 24
PERCENTILE. 25
(3) “COVERED PROJECT ” HAS THE MEANING STAT ED IN § 1–703(A) OF 26
THIS SUBTITLE. 27
(B) (1) AN APPLICATION FOR A PERMIT LISTED UNDER § 1–703(B)(1) 28
THROUGH (9) OF THIS SUBTITLE FOR A COVERED PROJECT TH AT IS LOCATED 29 HOUSE BILL 1484 7
WITHIN A 1.5–MILE RADIUS FROM THE BOUNDARY OF AN AT –RISK CENSUS TRACT 1
SHALL INCLUDE A PROP OSED EXISTING BURDEN REPORT. 2
(2) THE PROPOSED EXISTING BURDEN REPORT REQUIRED UNDE R 3
PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE : 4
(I) THE EJ SCORE FROM THE MARYLAND EJ TOOL FOR THE 5
CENSUS TRACT WHERE T HE APPLICANT IS SEEK ING A PERMIT; 6
(II) A COMPREHENSIVE LIST O F EACH EXISTING POLL UTION 7
SOURCE, OR CATEGORY OF SOURC ES, THAT IS IMPACTING TH E COMMUNITY , 8
INCLUDING A DESCRIPT ION OF POTENTIAL ROU TES OF HUMAN EXPOSUR E TO 9
POLLUTION FROM EACH SOURCE OR CATEGORY I DENTIFIED; 10
(III) AMBIENT CONCENTR ATIONS OF REGULATED AIR 11
POLLUTANTS AND REGUL ATED OR UNREGULATED HAZARDOUS AIR POLLUT ANTS; 12
(IV) TRAFFIC VOLUME ; 13
(V) GENERAL NOISE AND ODO R LEVELS; 14
(VI) EXPOSURE OR POTENTIAL EXPOSURE TO LEAD , INCLUDING 15
LEAD–BASED PAINT; 16
(VII) EXPOSURE OR POT ENTIAL EXPOSURE TO C ONTAMINATED 17
DRINKING WATER SUPPL IES; 18
(VIII) PROXIMITY OF THE COVE RED PROJECT TO EXIST ING 19
SOURCES OF POLLUTION , INCLUDING: 20
1. SOLID OR HAZARDOUS WA STE SITES; 21
2. INCINERATORS ; 22
3. RECYCLING FACILITIES ; 23
4. WASTE TRANSFER FACILITIES ; AND 24
5. PETROLEUM OR CHEMICAL MANUFACTURING , 25
STORAGE, TREATMENT , OR DISPOSAL FACILITI ES; 26
(IX) THE POTENTIAL OR PROJ ECTED CONTRIBUTION O F THE 27
COVERED PROJECT TO E XISTING POLLUTION BU RDENS IN THE COMMUNI TY AND, 28 8 HOUSE BILL 1484
ACCOUNTING FOR THE EXISTING BURDEN , THE POTENTIAL HEALTH EFFECTS OF 1
ANY CONTRIBUTION ; 2
(X) AN EVALUATION OF EXIS TING ENVIRONMENTAL A ND 3
PUBLIC HEALTH STRESS ORS BORNE BY THE COM MUNITY; AND 4
(XI) AN EVALUATION OF ANY UNAVOIDABLE ENVIRONM ENTAL 5
AND PUBLIC HEALTH ST RESSORS POSED BY THE COVERED PROJECT. 6
(C) (1) BEFORE APPROVING A CO VERED PROJECT LOCATE D WITHIN A 7
1.5–MILE RADIUS FROM THE BOUNDARY OF AN AT –RISK CENSUS TRACT , THE 8
DEPARTMENT , OR OTHER PERMITTING AGENCY, SHALL PREPARE , OR CAUSE TO BE 9
PREPARED, A FINAL EXISTING B URDEN REPORT . 10
(2) AN EXISTING BURDEN RE PORT MAY BE FINALIZE D ONLY IF: 11
(I) THE REPORT HAS BEEN R EVIEWED FOR ACCURACY AND 12
SUFFICIENCY BY: 13
1. THE COMMISSION; 14
2. THE DEPARTMENT ; 15
3. THE MARYLAND DEPARTMENT OF HEALTH; 16
4. ELECTED OFFIC IALS REPRESENTING TH E IMPACTED 17
COMMUNITY ; AND 18
5. ANY OTHER ENVIRONMENT AL OR PUBLIC HEALTH 19
OFFICIAL THAT THE PE RMITTING AGENCY DEEM S APPROPRIATE ; 20
(II) THERE HAS BEEN AN OPP ORTUNITY FOR PUBLIC COMMENT 21
ON THE EXISTING BURD EN REPORT IN ACCORDA NCE WITH SUBTITLE 6 OF THIS 22
TITLE; AND 23
(III) A RECORD OF ALL PUBLIC COMMENT ON THE PROPO SED 24
EXISTING BURDEN REPO RT AND PERMIT APPLIC ATION HAS BEEN INCOR PORATED 25
INTO THE FINAL EXIST ING BURDEN REPORT . 26
(3) A FINAL EXISTING BURDE N REPORT MAY BE BASE D ALL OR IN 27
PART ON THE PROPOSED EXISTING BURDEN REPO RT. 28
HOUSE BILL 1484 9
(D) (1) AFTER REVIEW OF THE F INAL EXISTING BURDEN REPORT UNDER 1
SUBSECTION (B) OF THIS SECTION, THE ENVIRONMENTAL IM PACT ANALYSIS UNDER 2
§ 1–601.1(B) OF THIS TITLE, AND ANY ACCOMPANYING PUBLIC COMMENTS , THE 3
DEPARTMENT SHALL MAKE AN OFFICIAL DETERMIN ATION AS TO WHETHER THE 4
REPORTS AND PUBLIC C OMMENTS INDICATE THA T THE COVERED PROJEC T MAY, 5
DIRECTLY OR INDIRECT LY, CAUSE OR CONTRIBUTE TO AN INCREASED POTE NTIAL 6
FOR ADVERSE COMMUNIT Y ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS WITHIN 7
AN AT–RISK CENSUS TRACT . 8
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 9
THE DEPARTMENT SHALL DENY A PERMIT FOR A COVER ED PROJECT IF THE 10
DEPARTMENT DETERMINES UNDER PARAGRAPH (1) OF THIS SUBSECTION T HAT THE 11
PROJECT WOULD CAUS E OR CONTRIBUTE TO A N INCREASED POTENTIA L FOR 12
ADVERSE COMMUNITY EN VIRONMENTAL AND PUBL IC HEALTH IMPACTS IN AN 13
AT–RISK CENSUS TRACT . 14
(3) THE DEPARTMENT MAY APPROV E A CONDITIONAL NEW , 15
EXPANSION, OR RENEWAL PERMIT IF THE PERMIT APPLICANT CAN ESTABLISH THA T: 16
(I) THE PURPOSE OF THE PE RMIT WOULD SERVE AN ESSENTIAL 17
ENVIRONMENTAL , HEALTH, OR SAFETY NEED OF TH E COMMUNITY ; AND 18
(II) THERE IS NO REASONABL E ALTERNATIVE TO THE PURPOSE 19
OF THE PERMIT. 20
(4) IF THE DEPARTMENT CONDITIONA LLY APPROVES AN 21
APPLICATION FOR A NEW, EXPANSION, OR RENEWAL PERMIT UN DER PARAGRAPH (3) 22
OF THIS SUBSECTION , THE DEPARTMENT SHALL : 23
(I) IMPOSE ADDITIONAL PER MIT CONDITIONS TO PR OTECT 24
PUBLIC HEALTH ; AND 25
(II) REQUIRE THE APPLICANT TO ENTER INTO A CUMU LATIVE 26
IMPACTS MITIGATION FUND AGREEMENT IN AC CORDANCE WITH SUBSEC TION (E) OF 27
THIS SECTION. 28
(E) (1) A HOLDER OF A PERMIT C ONDITIONALLY APPROVE D UNDER 29
SUBSECTION (D)(4) OF THIS SECTION SHAL L ENTER INTO A CUMUL ATIVE IMPACTS 30
MITIGATION FUND AGRE EMENT WITH A COMMUNI TY–BASED ORGANIZA TION OR 31
COLLECTION OF COMMUN ITY–BASED ORGANIZATIONS REPRESENTING THE 32
COMMUNITY OR COMMUNI TIES AFFECTED BY THE COVERED PROJECT . 33
10 HOUSE BILL 1484
(2) (I) A CUMULATIVE IMPACTS M ITIGATION FUND AGREE MENT 1
SHALL: 2
1. ESTABLISH ONGOING PAY MENT OF FEES BY THE 3
PERMIT HOLDER I NTO A PROJECT –SPECIFIC CUMULATIVE IMPACTS MITIGATION 4
FUND FOR THE LIFE OF THE PROJECT; 5
2. BE ENFORCEABLE IN A STATE COURT, AND INCLUDE 6
THIS INFORMATION IN THE LANGUAGE OF THE CONTRACT; AND 7
3. BENEFIT ALL RESIDENTS WHO LIVE WITHIN THE 8
AT–RISK CENSUS TRACT AFFECTED BY THE PROJECT . 9
(II) A CUMULATIVE IMPACTS M ITIGATION FUND AGREE MENT 10
MAY NOT RESTRICT THE RIGHT OF RESIDENTS O R ORGANIZATIONS TO E XPRESS 11
CONCERNS ABOUT OR OB JECTIONS TO THE PROJ ECT. 12
1–705. 13
(A) THE DEPARTMENT SHALL MAKE INFORMATION READILY AVAILABLE 14
ONLINE REGARDING ANY ENFORCEMENT ACTION A GAINST A PERMITTED F ACILITY 15
LOCATED WITHIN A 1.5–MILE RADIUS OF THE B OUNDARY OF AN AT –RISK CENSUS 16
TRACT, INCLUDING NOTICES OF VIOLATIONS IN ADDITI ON TO PENDING AND 17
CONCLUDED ENFORCEMEN T ACTIONS. 18
(B) AT LEAST 25% OF THE REVENUE FROM ANY ENFORCEMENT ACTI ON 19
AGAINST A FACILITY L OCATED WITHIN A 1.5–MILE RADIUS OF THE B OUNDARY OF AN 20
AT–RISK CENSUS TRACT SH ALL BE DISTRIBUTED T O A SPECIAL FUND TO BE USED TO 21
ASSIST AFFECTED COMMUNITIES . 22
(C) THE DEPARTMENT SHALL ADOP T REGULATIONS TO EST ABLISH 23
REQUIREMENTS FOR THE OPERATION OF THE SPE CIAL FUND AND APPROP RIATE 24
DISTRIBUTION OF THE FUNDS TO COMMUNITY O RGANIZATIONS WITHIN AFFECTED 25
COMMUNITIES . 26
2–405. 27
(a) (1) (i) Whenever the Public Service Commission notifies the Secretary 28
of an application for a certificate of public convenience and necessity under § 7–207 of the 29
Public Utilities Article, the Secretary shall prepare a recommendation in connection with 30
the permit or registration required by this subtitle and the issues the Public Service 31
Commission must consider under § 7–207 of the Public Utilities Article relating to climate 32
change. 33
HOUSE BILL 1484 11
(ii) The recommendation shall be presented at the hearing required 1
by § 7–207 of the Public Utilities Article. 2
(2) The recommendation shall identify the requirements of all applicable 3
federal and State environmental laws and standards and shall recommend and evaluate 4
various methods and conditions for compliance. 5
(3) FOR ANY CERTIFI CATE OF PUBLIC CONVE NIENCE AND NECESSITY 6
ISSUED IN LIEU OF AN AIR QUALITY PERMIT T O CONSTRUCT THAT IS SUBJECT TO 7
THE REQUIREMENT TO P REPARE AN EXISTING B URDEN REPORT UNDER § 1–704 OF 8
THIS ARTICLE, THE RECOMMENDATION S HALL INCLUDE : 9
(I) THE FINAL EJ SCORE FROM THE MARYLAND EJ TOOL; 10
(II) THE FINDINGS OF THE E XISTING BURDEN REPOR T; AND 11
(III) MEASURES TO MEET THE REQUIREMENTS OF § 1–704(E) OF 12
THIS ARTICLE. 13
[(3)] (4) If a person files an application for an operating permit under this 14
subtitle simultaneously with an application for a certificate, the Department shall 15
consolidate its procedures for the issuance of the operating permit with the Public Service 16
Commission’s proceedings for issuance of the certificate and shall issue the operating 17
permit simultaneously with the certificate unless consolidation would be inconsistent with 18
the procedures set forth in the federal Clean Air Act. 19
[(4)] (5) The Department shall incorporate into the initial operating 20
permit the conditions of the certificate which relate to air quality control. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2025. 23