2013 Maryland Code
ENVIRONMENT
§ 7-239 - Issuance of facility permit

§7-239.

(a) Before the Department issues a controlled hazardous substance facility permit, the Department shall comply with Title 1, Subtitle 6 of this article.

(b) Before the Department issues a low-level nuclear waste facility permit, the Department shall:

(1) Comply with Title 1, Subtitle 6 of this article; and

(2) Conduct any public hearing required by § 1-604 of this article in the county where the proposed facility is to be located.

§ 7-239 - 1. Definitions

(a) In general. -- In §§ 7-239.1 through 7-239.4 of this subtitle the following words have the meanings indicated.

(b) Chemical warfare material. --

(1) "Chemical warfare material" means any of the following:

(i) Adamsite (Phenarsazine chloride);

(ii) GA (Ethyl-N, N-dimethyl phosphoramidocyanidate);

(iii) GB (Isopropyl methyl phosphonofluoridate);

(iv) GD (Pinacolyl methylphosphonofluoridate);

(v) H, HD (Bis(2-chloroethyl) sulfide);

(vi) HT (60 percent HD and 40 percent T (Bis[2(2-chloroethyl- thio)ethyl]ester));

(vii) L (Dichloro(2-chlorovinyl)arsine);

(viii) T (2-2' Di (3-chloroethylthio)-diethyl ether); or

(ix) VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate).

(2) "Chemical warfare material" includes any substance that has chemical warfare material as an active or principal ingredient or ingredients, and degradation products of chemical warfare material.

(c) Monitoring data. --

(1) "Monitoring data" means data from actual stack emissions under all operating conditions at a controlled hazardous substance facility.

(2) "Monitoring data" does not include trial burn data or data derived from incineration of agent simulants.

§ 7-239 - 2. Legislative findings; compliance with requirements of subtitle

(a) Legislative findings. -- The State of Maryland finds that the chemical warfare materials specified under § 7-239.1 of this subtitle were designed for warfare, specifically the destruction of human beings, and for no legitimate civilian industrial use.

(b) Disposal to ensure health and safety of State residents. -- The State recognizes the need to dispose of these chemical warfare materials as safely as possible, ensuring the health and safety of State residents by the regulation of their release into the environment.

(c) Compliance with requirements of subtitle. -- Since these chemical warfare materials are highly toxic or carcinogenic, in addition to any other applicable requirements at law, the State shall require without exemption or waiver that an applicant for the treatment by incineration of chemical warfare materials shall comply with all the requirements of this subtitle and all regulations adopted under this subtitle.

§ 7-239 - 3. Permit for construction, material alteration, or operation of controlled hazardous substance facility

(a) Chemical warfare material. -- A chemical warfare material that is a solid waste is a controlled hazardous substance.

(b) Issuance of permit. -- In addition to any other applicable requirements, the Department may not issue a permit for the construction, material alteration, or operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material unless:

(1) The permit applicant demonstrates to the satisfaction of the Department prior to issuance of a controlled hazardous substance facility permit:

(i) That the proposed incinerator technology has consistently met all applicable federal and State performance standards in an operational facility comparable to the proposed facility for a period of time and under conditions acceptable to the Department;

(ii) That emissions and monitoring data from a comparable facility demonstrate compliance with State toxic air pollutant standards established under Title 2 of this article;

(iii) That a destruction and removal efficiency of 99.9999 percent is achievable for each chemical warfare material to be incinerated at the facility;

(iv) That the applicant has made adequate provision to support and fund the development of a plan that demonstrates the capability of removing, sheltering, and protecting persons from the largest area at risk from a worst-case release, as defined by the Department;

(v) That an emergency preparedness plan has been developed with adequate public participation that provides training, coordination, and equipment necessary for State and local emergency response personnel and community members to respond to a release of a chemical warfare material from the proposed facility; and

(vi) That the emergency preparedness plan has been presented at public meetings in each county potentially impacted by a worst-case release;

(2) The Department finds that the applicant has fully evaluated all reasonable alternative methods for treatment or disposal including transport to a less populated disposal site in order to create less risk of release or harm to the general public or the environment; and

(3) The local governing body of each county and municipal corporation included in the worst-case release has a reasonable opportunity to review and provide comment on the facility permit application and the emergency preparedness plan under paragraph (1)(v) of this subsection.

§ 7-239 - 4. Operation of controlled hazardous substance facility

(a) Conditions of operation. -- The Department shall require as conditions of operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material that:

(1) Treatment by incineration be monitored on a continuous basis;

(2) Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and

(3) Monitoring data and reviews be reported to the Department in the manner and frequency determined appropriate by the Department.

(b) Renewal or modification of permit. -- Any permit issued under this section shall be for a quantity that is specifically identified and:

(1) May be renewed for good cause as to the length of time for completion of the incineration authorized under the permit; but

(2) May not be modified as to the amount of controlled hazardous substance to be destroyed.

(c) Disposal of incinerator following destruction of specified quantity. -- After destruction of the specific quantity of the controlled hazardous substance allowed by the terms of the permit issued under this section, the incinerator shall be disassembled and disposed of in accordance with all applicable federal and State performance standards and in a time period established by the permit.

(d) Compensation for reviewing third party. -- In addition to the facility permit fee required under § 7-237 of this subtitle, the applicant shall pay the compensation of an independent third party with whom the Department may contract for the review of application materials and monitoring data.