Md. Code Regs. 26.13.07.02

Current through Register Vol. 51, No. 10, May 17, 2024

Section 26.13.07.02 - Application for a Permit

A. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign and submit an application to the Secretary as described in this section. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in Regulation .19.

B. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit. The owner shall also sign the permit application.

C. Completeness. The Secretary may not issue a permit before receiving a complete application for a permit. An application for a permit under a program is complete when the Secretary receives an application form, and any supplemental information, which is completed to the Secretary's satisfaction. An application may be deemed by the Secretary as complete, notwithstanding the failure of the owner or operator to submit the exposure information described in §D(37) of this regulation. The Secretary shall judge the completeness of any application for a permit independently of the status of any other permit application or permit for the same facility or activity. The Secretary may deny a permit for the active life of a hazardous waste management unit before receiving a complete application for a permit.

C-1. Permit Application-General Requirements.

(1) Persons submitting a permit application to the Department under this regulation shall submit a duplicate application at the same time to the Region 3 office of the U.S. Environmental Protection Agency.

(2) Permit applicants shall assure that permit applications they are submitting are signed in accordance with §§A and B of this regulation and Regulation .03 of this chapter.

D. Permit Information. All applicants, using an application format acceptable to the Department, shall provide the following information to the Secretary:

(1) The activities conducted by the applicant which require it to obtain a permit.

(2) Name, mailing address, and location of the facility for which the application is submitted.

(3) Up to four SIC codes which best reflect the principal products or services provided by the facility.

(4) The operator's name, address, telephone number, ownership status, and status as federal, State, private, public or other entity.

(5) A listing of all permits or construction approvals received or applied under any of the following programs:

(a) Hazardous Waste Management program under the Resource Conservation and Recovery Act;

(b) Underground Injection Control program under the Safe Drinking Water Act;

(c) NPDES program under the Clean Water Act;

(d) Prevention of Significant Deterioration (PSD) program under the Clean Air Act;

(e) Nonattainment program under the Clean Air Act;

(f) National Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the Clean Air Act;

(g) Ocean dumping permits under the Marine Protection Research and Sanctuaries Act;

(h) Dredge or fill permits under § 404 of the Clean Water Act;

(i) Other relevant environmental permits, including State permits.

(6) A topographic map (or other map if a topographic map is unavailable) extending 1 mile beyond the property boundaries of the source, depicting the facility and:

(a) Each of its intake and discharge structures;

(b) Each of its hazardous waste treatment, storage, or disposal facilities;

(c) Each well where fluids from the facility are injected underground; and

(d) Those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary.

(7) A brief description of the nature of business.

(8) The latitude and longitude of the facility.

(9) The name, address, and telephone number of the owner of the facility.

(10) An indication of whether the facility is new or existing and whether it is a first or revised application.

(11) For existing facilities, a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas.

(12) For existing facilities, photographs of the facility clearly delineating all:

(a) Existing structures;

(b) Existing treatment, storage, and disposal areas; and

(c) Sites of future treatment, storage, and disposal areas.

(13) A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items.

(14) A specification of the hazardous wastes listed or designated in COMAR 26.13.02 to be treated, stored, or disposed at the facility, an estimate of the quantity of the wastes to be treated, stored, or disposed of annually, and a general description of the processes to be used for the wastes.

(15) A general description of the facility.

(16) Chemical and physical analyses of the hazardous wastes to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to treat, store, or dispose of the wastes in accordance with COMAR 26.13.05.

(17) A copy of the waste analysis plan required by COMAR 26.13.05.02 s D.

(18) A description of the security procedures and equipment required by COMAR 26.13.05.02 s E.

(19) A copy of the general inspection schedule required by COMAR 26.13.05.02 s F(2). Include, when applicable, as part of the inspection schedule, specific requirements in COMAR 26.13.05.09 s E, .10D, .10-4G, .11F, .12E, .13D, .14C, .16I, .16-1C.

(20) A justification of any request for a waiver or waivers of the preparedness and prevention requirements of COMAR 26.13.05.03 s.

(21) A copy of the contingency plan required by COMAR 26.13.05.04 s.

(22) A description of procedures, structures, or equipment used at the facility to:

(a) Prevent hazardous discharge in unloading operations (for example, ramps, special forklifts);

(b) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

(c) Prevent contamination of water supplies;

(d) Mitigate effects of equipment failure and power outages;

(e) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing).

(23) Traffic pattern, volume, and control (for example, show turns across traffic lanes, and stacking lanes if appropriate, provide access road surfacing and load bearing capacity, show traffic control signals, provide estimates of traffic volume (number of types of vehicles)).

(24) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with COMAR 26.13.05.02 s H including documentation demonstrating compliance with COMAR 26.13.05.02 s H(3).

(25) The political jurisdiction in which the facility is proposed to be located.

(26) Flood Map.

(a) Owners and operators of all facilities shall provide an identification of whether the facility is located within a 100-year flood plain. This identification shall indicate the source of data for the determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used if a FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (for example, wave action) which shall be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.

(b) If maps for the National Flood Insurance Program produced by the Federal Emergency Management Agency are available, they will normally be determinative whether a facility is located within or outside of the 100-year flood plain. However, if the FIA map excludes an area (usually areas of the flood plain less than 200 feet in width), these areas shall be considered and a determination made as to whether they are in the 100-year flood plain.

(c) If FIA maps are not available for a proposed facility location, the owner or operator shall use equivalent mapping techniques to determine whether the facility is within the 100-year flood plain, and if so located, what the 100-year flood elevation would be.

(27) Owners and operators of facilities located in the 100-year flood plain shall provide the following information:

(a) Engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100-year flood.

(b) Structural or other engineering studies showing the design of operational units (for example, tanks, incinerators) and flood protection devices (for example, floodwalls, dikes) at the facility, and how these will prevent washout.

(c) If applicable, and instead of the information required by §D(27)(a) and (b) of this regulation, a detailed description of procedures to be followed to remove hazardous waste safely before the facility is flooded, including:

(i) The timing of movement relative to flood levels, including estimated time to move the waste, to show that this movement can be completed before flood waters reach the facility;

(ii) A description of the location or locations to which the waste will be moved and a demonstration that those facilities will be eligible to receive hazardous waste in accordance with COMAR 26.13.01-26.13.09;

(iii) The planned procedures, equipment, and personnel to be used and the means to ensure that the resources will be available in time for use; and

(iv) The potential for accidental discharges of the waste during movement.

(d) For an existing facility not in compliance with the requirements of COMAR 26.13.05.02 s -1B(2), a plan showing how the facility will be brought into compliance and a schedule for compliance.

(28) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with COMAR 26.13.05.02 s G. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in COMAR 26.13.05.02 s G(1)(c).

(29) A copy of the closure plan and, when applicable, the post-closure plan required by COMAR 26.13.05.07 s C and H. An owner or operator shall include, when applicable, as part of the plan, specific requirements in COMAR 26.13.05.09 s I, .10-7, .11G, .12I, .13K, .14J, .16L, and .16-1B and D.

(30) For hazardous waste disposal units that have been closed, documentation that notices required under COMAR 26.13.05.07 s I have been filed.

(31) The most recent closure cost estimate for the facility prepared in accordance with 40 CFR § 264.142, as incorporated by reference in COMAR 26.13.05.08 s, and a copy of the documentation required to demonstrate financial assurance under 40 CFR § 264.143, as incorporated by reference in COMAR 26.13.05.08 s. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the permit application.

(32) If applicable, the most recent post-closure cost estimate for the facility prepared in accordance with 40 CFR § 264.144, as incorporated by reference in COMAR 26.13.05.08 s, plus a copy of the documentation required to demonstrate financial assurance under 40 CFR § 264.145, as incorporated by reference in COMAR 26.13.05.08 s. For a new facility, a copy of the required documentation may be submitted 60 days before the initial receipt of hazardous wastes, if that is later than the submission of the permit application.

(33) When applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of 40 CFR § 264.147. For a new facility, documentation showing the amount of insurance meeting the specification of 40 CFR § 264.147(a) and, if applicable, 40 CFR § 264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in 40 CFR § 264.147(c).

(34) When appropriate, proof of coverage by a State financial mechanism in compliance with 40 CFR §§ 264.149- 264.150.

(35) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meter (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:

(a) Map scale and date;

(b) 100-year flood plain area;

(c) Surface waters including intermittent streams;

(d) Surrounding land uses (residential, commercial, agricultural, recreational);

(e) A wind rose (for example, prevailing windspeed and direction);

(f) Orientation of the map (north arrow);

(g) Legal boundaries of the hazardous waste management facility site;

(h) Access control (fences, gates);

(i) Injection and withdrawal wells both on-site and off-site;

(j) Building, treatment, storage, or disposal operations, or other structures (recreation areas, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.);

(k) Barriers for drainage or flood control;

(l) Location of operational units within the hazardous waste management facility site, where hazardous waste is (or will be) treated, stored, or disposed (include equipment cleanup areas).

(36) Applicants may be required to submit such information as may be necessary to enable the Secretary to carry out his duties.

(37) Exposure Information.

(a) After August 8, 1985, any permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment or a landfill shall be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit.

(b) The owner or operator shall assure that information submitted in accordance with §D(37)(a) of this regulation includes, at a minimum:

(i) Reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;

(ii) The potential pathways for human exposure to hazardous wastes of constituents resulting from the releases described under §D(37)(a); and

(iii) The potential magnitude and nature of the human exposure resulting from these releases.

(c) The owner or operator of a landfill or a surface impoundment who has already submitted a part B permit application shall submit the exposure information required in §D(37)(a) and (b) of this regulation by August 8, 1985.

(38) A copy of the contingency plan required by COMAR 26.13.05.04 s, including, when applicable, as part of the contingency plan, specific requirements in COMAR 26.13.05.11 s H.

(39) For each preapplication public meeting held in accordance with Regulation .19-1B of this chapter, the following information as required by Regulation .19-1B(2) of this chapter:

(a) A summary of the meeting;

(b) A list of persons who attended the meeting and the addresses provided by these persons; and

(c) Copies of any written comments or materials submitted at the meeting.

E. Any facility with an effective permit shall submit to the Secretary a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Secretary. The later date may not be after the expiration date of the effective permit.

Md. Code Regs. 26.13.07.02

Regulations .02 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)
Regulations .02A_F, and new .02A_O adopted effective January 31, 1983 (10:2 Md. R. 110)
Regulations .02, F, J, L, M, N, amended effective February 13, 1984 (11:3 Md. R. 202)
Regulations .02A, C, J, amended and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)
Regulation .02A_D, J_L, and P amended effective April 18, 1988 (15:8 Md. R. 1009)
Regulation .02D and E amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)
Regulation .02F amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533)
Regulation .02I adopted effective April 11, 1994 (21:7 Md. R. 533)
Regulation .02R adopted effective April 18, 1988 (15:8 Md. R. 1009)