1. 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. (1) The unit that is the subject of the modification was in existence as a hazardous waste facility with respect to:

      1. (a) The newly listed or identified waste on the effective date of the regulation listing or identifying the waste; or
      2. (b) The newly regulated waste management unit on the effective date of the regulation regulating the unit;

   2. (2) The permittee submits a request for a minor modification of the permit on or before:

      1. (a) The date on which the waste becomes regulated as hazardous; or
      2. (b) The date the unit becomes subject to the new requirements;
   3. (3) The permittee manages the waste in compliance with the requirements of COMAR 26.13.06 and 26.13.10;
   4. (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. (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:

      1. (a) Identifying or listing the waste as hazardous; or
      2. (b) Regulating the unit as a hazardous waste management unit.
2. 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.

3. 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. (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:

      1. (a) In existence as a hazardous waste facility; and
      2. (b) Already permitted to handle the waste military munitions;
   2. (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. (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.

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.05 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)

Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20)

Regulation .02A—F repealed, and new .02A—O adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective February 13, 1984 (11:3 Md. R. 202)

Regulations .02A, C, J, .03I amended and .01D, E, and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)

Regulation .03A—E repealed, and new .03A—M adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulation .05 repealed effective January 31, 1983 (10:2 Md. R. 110)

Chapter recodified from COMAR 10.51.07 to COMAR 26.13.07

Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01F amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)

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)

Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .05B amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533)

Regulation .13 amended and recodified as Regulations .13 and .13-1—.13-3 adopted effective December 23, 1991 (18:25 Md. R. 2759)

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

Regulation .13-2A amended effective April 11, 1994 (21:7 Md. R. 533)

Regulation .15E amended effective May 5, 1997 (24:9 Md. R. 659)

Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515)

Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759)

Chapter revised effective September 10, 1997 (24:5 Md. R. 413)

Chapter revised effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647)

Chapter revised effective May 1, 2008 (35:8 Md. R. 809)

Regulation .01F repealed effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02D amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-4B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-5B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-6C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-8B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .13-2A amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .17B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-1 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-2 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-3C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-4 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-5 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-6 amended effective October 1, 2025 (52:17 Md. R. 876)