Md. Code Regs. 26.13.07.11

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.11 - Modification, Withdrawal, or Revocation and Reissuance of Permits

A. When the Secretary receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance, or conducts a review of the permit file) he or she may determine whether or not one or more of the clauses listed in §§A and B of this regulation, for modification or revocation and reissuance, or both, exist. If cause exists, the Secretary may modify or revoke and reissue the permit accordingly, subject to the limitations of §B, of this regulation, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. If cause does not exist under this regulation or Regulation .13, of this chapter, the Secretary may not modify or revoke and reissue the permit. If a permit modification satisfies the criteria in Regulation .13 of this chapter, for "minor modifications" the permit may be modified without a draft permit or public review. Otherwise, a draft permit shall be prepared and other procedures of this chapter followed.

B. Causes of Modification. The following are causes for modification but not revocation and reissuance of permits:

(1) Alterations. There are material and substantial alterations or additions to the permitted facility or activity which occur after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

(2) Information. The Secretary has received information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.

(3) New Regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of amended standards or regulations or by judicial decision after the permit was issued.

(4) Modification. The Secretary may modify a permit:

(a) When modification of a closure plan is required by COMAR 26.13.05.07 s C(3) or H(4);

(b) After the Secretary receives the notification of expected closure under COMAR 26.13.05.07 s D when the Secretary determines that extension of the 90 or 180 day periods under COMAR 26.13.05.07 s D, modification of the 30-year post-closure period under COMAR 26.13.05.07 s G(2), continuation of security requirements under COMAR 26.13.05.07 s G(3), or permission to disturb the integrity of the containment system under COMAR 26.13.05.07 s G(4) are unwarranted;

(c) When the permittee has filed a request under 40 CFR § 264.147(c) for a variance to the level of financial responsibility or when the Secretary demonstrates under 40 CFR § 264.147(d) that an upward adjustment of the level of financial responsibility is required;

(d) When the corrective action program specified in the permit under COMAR 26.13.05.06 s -6 has not brought the regulated unit into compliance with the ground water protection standard within a reasonable period of time;

(e) To include a detection monitoring program meeting the requirements of COMAR 26.13.05.06 s -4, when the owner or operator has been conducting a compliance action program under COMAR 26.13.05.06 s -6 and the compliance period ends before the end of the post-closure care period for the unit;

(f) When a permit requires a compliance monitoring program under COMAR 26.13.05.06 s -5, but monitoring data collected before permit issuance indicate that the facility is exceeding the ground water protection standard;

(g) To include conditions applicable to units at a facility that were not previously included in the facility's permit;

(h) When a land treatment unit is not achieving complete treatment of hazardous constituents under its current permit conditions.

(5) Compliance Schedules. The Secretary determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.

C. The suitability of the facility location may not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

D. Causes for Modification or Revocation and Reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit:

(1) Cause exists for termination under Regulation .12 of this regulation, and the Secretary determines that modification or revocation and reissuance is appropriate;

(2) The Secretary has received notification under Regulation .04M(3) of this chapter of a proposed transfer of the permit.

E. A CHS facility permit can be withdrawn by the Secretary at the request of the owner or operator if the following conditions are complied with:

(1) The Secretary receives a written withdrawal request at least 6 months before expiration of the permit;

(2) The Secretary approves a closure plan for activities regulated by the permit; and

(3) An inspection by a representative of the Department verifies that activities regulated by the CHS facility permit are no longer performed and that a CHS facility permit is not otherwise required.

Md. Code Regs. 26.13.07.11

Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533)
Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)