Md. Code Regs. 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.
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.
Notes
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