Md. Code Regs. 26.13.07.13-2 - Specific Changes Eligible for Processing as a Minor Permit Modification
A. Except as
provided in Regulations .13-1 and .13-3 of this chapter, only modifications to
accomplish the following may be processed as minor modifications:
(1) The following changes to general permit
provisions:
(a) Correction of typographical
errors;
(b) Requirement of more
frequent monitoring or reporting by the permittee;
(c) Change in an interim compliance date in a
schedule of compliance, provided the new date is not more than 120 days after
the date specified in the existing permit and does not interfere with
attainment of the final compliance date requirement;
(d) Allowance for a change in ownership or
operational control of a facility as specified in §B, when the Secretary
determines that no other change in the permit is necessary, provided that a
written agreement containing a specific date for transfer of permit
responsibility between the current and new permittees has been submitted to the
Secretary.
(e) Administrative and
informational changes;
(f)
Replacement or upgrading of equipment with equipment or components that are
functionally equivalent;
(g)
Providing for more frequent sampling or maintenance;
(h) Changes to remove permit conditions that
are no longer applicable because the standards on which the permit conditions
were based are no longer applicable to the facility;
(2) The following changes related to general
facility standards:
(a) Changes to waste
sampling or analysis methods to:
(i) Conform
with agency guidance or regulations;
(ii) Incorporate changes associated with
sampling or analysis methods for hazardous waste F039, multi-source leachate;
or
(iii) Incorporate changes
associated with underlying hazardous constituents in ignitable or corrosive
wastes;
(b) Changes to
analytical quality assurance/quality control plans to conform with agency
guidance or regulations;
(c)
Changes in procedures for maintaining the operating record;
(d) Changes in the training plan other than
those that affect the type or decrease the amount of training given to
employees;
(e) Changes to the
contingency plan to accomplish the following:
(i) Upgrade, relocate, or replace with
functionally equivalent equipment, emergency equipment listed in the
contingency plan,
(ii) Change the
name, address, or phone number of a coordinator or other person or agency
identified in the plan;
(3) The following changes related to ground
water protection:
(a) Replacement of an
existing well that has been damaged or rendered inoperable, without change to
location, design, or depth of the well;
(b) Changes in ground water sampling or
analysis procedures;
(c) Changes to
the ground water monitoring schedule;
(d) Changes in statistical procedures for
determining whether a statistically significant change in ground water quality
between upgradient and downgradient wells has occurred;
(4) The following changes related to closure:
(a) Changes to estimates of maximum inventory
under COMAR
26.13.05.07C(2)(c);
(b) Changes in the closure schedule for any
unit, changes in the final closure schedule for the facility, or extension of
the final closure period;
(c)
Changes in the expected year of final closure, if other permit conditions are
not changed;
(d) Changes in
procedures for decontamination of facility equipment or structures;
or
(e) Addition of tanks to be used
temporarily for closure activities provided that the tanks are used for
neutralization, dewatering, phase separation, or component
separation;
(5) The
following changes related to post-closure:
(a)
Changes in the name, address, or phone number of a contact in the post-closure
plan;
(b) Changes in the expected
year of final closure where other permit conditions are not
changed;
(6) Addition of
a roof to a container management unit without alteration of the containment
system;
(7) The following changes
related to tanks:
(a) Addition of a new tank
that will operate for up to 90 days using any of the following treatment
technologies:
(i) Neutralization,
(ii) Phase separation,
(iii) Dewatering, or
(iv) Component separation;
(b) Replacement of a tank by a
tank that meets the same design standards, provided that all of the following
conditions are met:
(i) The capacity of the
replacement tank is between 90 percent and 110 percent of the capacity of the
replaced tank,
(ii) The capacity of
the replacement tank is within 1,500 gallons of the capacity of the replaced
tank,
(iii) The facility's
permitted tank capacity is not increased, and
(iv) The replacement tank meets the same
conditions in the permit as the replaced tank;
(c) Management of different wastes in tanks
provided that the following conditions are met:
(i) The change does not require the addition
of units or a change in the treatment process or management
standards,
(ii) The units have
previously received wastes of the same type, for example, incinerator scrubber
water, and
(iii) The waste is not a
dioxin containing waste (F020, F021, F022, F023, F026, F027, and
F028);
(8) For
waste piles complying with COMAR
26.13.05.12A(2),
replacement of the waste pile unit with another waste pile unit of the same
design and capacity and meeting all waste pile conditions in the
permit;
(9) The following changes
related to land treatment:
(a) Changes to any
conditions specified in the permit for land treatment units to reflect the
results of the land treatment demonstration, provided performance standards are
met;
(b) Allowing a second
treatment demonstration for land treatment to be conducted when the results of
the first demonstration have not shown the conditions under which the waste or
wastes can be treated completely as required by COMAR
26.13.05.13C(1),
provided the conditions for the second demonstration are substantially the same
as the conditions for the first demonstration;
(c) Modification of a land treatment unit
management practice to decrease the rate of waste application;
(10) The following changes related
to incinerators:
(a) Changes to the ranges of
the operating requirements set in a hazardous waste incinerator permit to
reflect the results of the trial burn, provided that the change is
minor;
(b) Changes to the operating
requirements set in a hazardous waste incinerator permit for conducting a trial
burn, provided that the change is minor;
(c) Granting one extension of the time period
for determining operational readiness of a hazardous waste incinerator
following completion of construction, for up to 720 hours operating time for
incineration of hazardous waste;
(d) Substitution of an alternate type of fuel
that is not specified in the permit;
(e) Technology changes needed to meet
standards under 40 CFR Part 63, Subpart EEE, National Emission Standards for
Hazardous Air Pollutants, or corresponding State requirements, if the facility
owner or operator, before submitting a request for a permit modification to the
Secretary, complies with:
(i) The
Notification of Intent to Comply (NIC) requirements of
40 CFR §
63.1210 in effect before May 14, 2001;
or
(ii) State requirements
corresponding to the requirements referenced in §A(10)(e)(i) of this
regulation;
(11) The removal or amendment of a permit
provision restricting the receipt of waste munitions from off-site to allow the
continued acceptance of waste military munitions in accordance with Regulation
.13-1C of this chapter;
(12)
Replacement of a containment building with a containment building that meets
the same design standards if:
(a) The unit
capacity is not increased; and
(b)
The replacement containment building meets the same conditions in the permit as
the unit it is replacing; and
(13) Any other change identified in
40 CFR §
270.42 Appendix I as a class 1 modification
or a class 1 modification requiring prior agency approval.
Notes
Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647); amended effective 49:1 Md. R. 14, eff.
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