Md. Code Regs. 26.13.07.13-1 - Minor Modifications - Newly Regulated Hazardous Wastes or Newly Regulated Units

A. Permit modifications to allow for the continued management of a waste newly listed or identified as hazardous under COMAR 26.13.02, or to allow for the continued management of hazardous wastes in units newly regulated as hazardous waste management units, may be processed as minor modifications if the following conditions are met:
(1) The unit that is the subject of the modification was in existence as a hazardous waste facility with respect to:
(a) The newly listed or identified waste on the effective date of the regulation listing or identifying the waste; or
(b) The newly regulated waste management unit on the effective date of the regulation regulating the unit;
(2) The permittee submits a request for a minor modification of the permit on or before:
(a) The date on which the waste becomes regulated as hazardous; or
(b) The date the unit becomes subject to the new requirements;
(3) The permittee manages the waste in compliance with the requirements of COMAR 26.13.06 and 26.13.10;
(4) The permittee submits, within 180 days after the effective date of the regulation listing or identifying the waste as hazardous or within 180 days after the effective date of the regulation subjecting the unit to regulation under this subtitle, an application for a permit modification to incorporate all changes necessary to achieve compliance with the requirements of this subtitle in managing the newly regulated waste or in operating the newly regulated unit; and
(5) In the case of land disposal units, the permittee certifies that the unit is in compliance with all applicable requirements of COMAR 26.13.06 concerning ground water monitoring and financial responsibility by the date 12 months after the effective date of the regulation:
(a) Identifying or listing the waste as hazardous; or
(b) Regulating the unit as a hazardous waste management unit.
B. If the permittee fails to certify compliance with the requirements identified in §A(5) of this regulation, the permittee shall lose authority to operate under this regulation.
C. Continued Acceptance of Hazardous Waste Military Munitions from Off-Site. A permittee is authorized to continue to accept hazardous waste military munitions from off-site, notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:
(1) On the date that the waste military munitions become subject to hazardous waste regulatory requirements, the facility at which the waste military munitions are being accepted from off-site is:
(a) In existence as a hazardous waste facility; and
(b) Already permitted to handle the waste military munitions;
(2) On or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a request for a minor modification of the permit under Regulation .13 of this chapter and §§A and B of this regulation to remove or amend the permit provision restricting the receipt of waste munitions from off-site; and
(3) Not later than 180 days after the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a complete application for a permit modification under Regulation .11 of this chapter to remove or amend the permit provision restricting the receipt of waste munitions from off-site.

Notes

Md. Code Regs. 26.13.07.13-1
Regulation .13-1C adopted effective April 11, 1994 (21:7 Md. R. 533)

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