Md. Code Regs. 26.13.07.14

Current through Register Vol. 51, No. 25, December 13, 2024

Section 26.13.07.14 - Emergency Permits, Short Term Permits, and Phased Permits

A. Notwithstanding any other provision of this regulation, if the Secretary finds an imminent and substantial endangerment to human health or the environment, the Secretary may issue a temporary emergency permit to a facility to allow treatment, storage, or disposal of hazardous waste for a non-permitted facility or a hazardous waste not covered by the permit for a facility with an effective permit. This emergency permit:

(1) May be oral or written. If oral, it shall be followed within 5 days by a written emergency permit.

(2) May not exceed 90 days in duration.

(3) Shall clearly specify the hazardous wastes to be received, and the manner and location of their treatment, storage, or disposal.

(4) May be terminated by the Secretary at any time without process if he or she determines that termination is appropriate to protect human health and environment.

(5) Shall be accompanied by a public notice including:

(a) Name and address of the office granting the emergency authority;

(b) Name and location of the permitted hazardous waste management facility;

(c) A brief description of the wastes involved;

(d) A brief description of the action authorized and reasons for authorizing it;

(e) Duration of the emergency permit.

(6) Shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of COMAR 26.13.05, 26.13.07, and 26.13.10.

B. Short Term Permits.

(1) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of COMAR 26.13.05.13 s C, the Secretary may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in COMAR 26.13.05.13 s C(3). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction, operation, and maintenance of the land treatment unit.

(2) The Secretary may issue a two-phase facility permit if the Secretary finds that, based on information submitted in the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit.

(3) If the Secretary finds that not enough information exists upon which the Secretary can establish permit conditions to attempt to provide for compliance with all of the requirements of COMAR 26.13.05.13 s the Secretary shall issue a treatment demonstration permit covering only the field test or laboratory analyses.

C. Phased Permits.

(1) If the Secretary finds that a phased permit may be issued, he will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests of laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration cleanup activities, and any other conditions which the Secretary finds may be necessary under COMAR 26.13.05.13 s C(3). The Secretary will include conditions in the second phase of the facility permit to attempt to meet all requirements pertaining to unit design, construction, operation, and maintenance in COMAR 26.13.05.13 s. The Secretary will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the application.

(2) The first phase of the permit will be effective as provided in Regulation .20-6C of this chapter.

(3) The second phase of the permit will be effective as provided in §E.

D. When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner or operator shall submit to the Secretary a certification, signed by a person authorized to sign a permit application or report under Regulation .03 of this chapter, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting the tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Secretary approves a later date.

E. Modification.

(1) If the Secretary determines that the results of the field tests or laboratory analyses meet the requirements of COMAR 26.13.05.13 s C, the Secretary will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with COMAR 26.13.05.13 s, based upon the results of the field tests or laboratory analyses.

(2) This permit modification may proceed as a minor modification under Regulation .13 of this chapter, provided any such change is minor, or otherwise will proceed as a modification under Regulation .11 of this chapter.

(3) If no modification of the second phase of the permit is necessary, or if only minor modifications are necessary and have been made, the Secretary will give notice of the final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in Regulation .20-6C of this chapter.

(4) If modifications under Regulation .11 of this chapter are necessary, the second phase of the permit will become effective only after those modifications have been made.

Md. Code Regs. 26.13.07.14