1. 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. (1) The following changes to general permit provisions:

      1. (a) Correction of typographical errors;
      2. (b) Requirement of more frequent monitoring or reporting by the permittee;
      3. (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;
      4. (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.
      5. (e) Administrative and informational changes;
      6. (f) Replacement or upgrading of equipment with equipment or components that are functionally equivalent;
      7. (g) Providing for more frequent sampling or maintenance;
      8. (h) Changes to remove permit conditions that are no longer applicable because the standards on which the permit conditions were based are no longer applicable to the facility;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. (2) The following changes related to general facility standards:

      1. (a) Changes to waste sampling or analysis methods to:

         1. (i) Conform with agency guidance or regulations;
         2. (ii) Incorporate changes associated with sampling or analysis methods for hazardous waste F039, multi-source leachate; or
         3. (iii) Incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes;
      2. (b) Changes to analytical quality assurance/quality control plans to conform with agency guidance or regulations;
      3. (c) Changes in procedures for maintaining the operating record;
      4. (d) Changes in the training plan other than those that affect the type or decrease the amount of training given to employees;

      5. (e) Changes to the contingency plan to accomplish the following:

         1. (i) Upgrade, relocate, or replace with functionally equivalent equipment, emergency equipment listed in the contingency plan,
         2. (ii) Change the name, address, or phone number of a coordinator or other person or agency identified in the plan;

   3. (3) The following changes related to ground water protection:

      1. (a) Replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well;
      2. (b) Changes in ground water sampling or analysis procedures;
      3. (c) Changes to the ground water monitoring schedule;
      4. (d) Changes in statistical procedures for determining whether a statistically significant change in ground water quality between upgradient and downgradient wells has occurred;

   4. (4) The following changes related to closure:

      1. (a) Changes to estimates of maximum inventory under COMAR 26.13.05.07C(2)(c);
      2. (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;
      3. (c) Changes in the expected year of final closure, if other permit conditions are not changed;
      4. (d) Changes in procedures for decontamination of facility equipment or structures; or
      5. (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. (5) The following changes related to post-closure:

      1. (a) Changes in the name, address, or phone number of a contact in the post-closure plan;
      2. (b) Changes in the expected year of final closure where other permit conditions are not changed;
   6. (6) Addition of a roof to a container management unit without alteration of the containment system;

   7. (7) The following changes related to tanks:

      1. (a) Addition of a new tank that will operate for up to 90 days using any of the following treatment technologies:

         1. (i) Neutralization,
         2. (ii) Phase separation,
         3. (iii) Dewatering, or
         4. (iv) Component separation;

      2. (b) Replacement of a tank by a tank that meets the same design standards, provided that all of the following conditions are met:

         1. (i) The capacity of the replacement tank is between 90 percent and 110 percent of the capacity of the replaced tank,
         2. (ii) The capacity of the replacement tank is within 1,500 gallons of the capacity of the replaced tank,
         3. (iii) The facility's permitted tank capacity is not increased, and
         4. (iv) The replacement tank meets the same conditions in the permit as the replaced tank;

      3. (c) Management of different wastes in tanks provided that the following conditions are met:

         1. (i) The change does not require the addition of units or a change in the treatment process or management standards,
         2. (ii) The units have previously received wastes of the same type, for example, incinerator scrubber water, and
         3. (iii) The waste is not a dioxin containing waste (F020, F021, F022, F023, F026, F027, and F028);
   8. (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. (9) The following changes related to land treatment:

      1. (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;
      2. (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;
      3. (c) Modification of a land treatment unit management practice to decrease the rate of waste application;

   10. (10) The following changes related to incinerators:

       1. (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;
       2. (b) Changes to the operating requirements set in a hazardous waste incinerator permit for conducting a trial burn, provided that the change is minor;
       3. (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;
       4. (d) Substitution of an alternate type of fuel that is not specified in the permit;

       5. (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:

          1. (i) The Notification of Intent to Comply (NIC) requirements of 40 CFR §63.1210 in effect before May 14, 2001; or
          2. (ii) State requirements corresponding to the requirements referenced in §A(10)(e)(i) of this regulation;
   11. (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. (12) Replacement of a containment building with a containment building that meets the same design standards if:

       1. (a) The unit capacity is not increased; and
       2. (b) The replacement containment building meets the same conditions in the permit as the unit it is replacing; and
   13. (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.
2. B. Changes in the ownership or operational control of a facility may be made if the new owner or operator submits a revised permit application not later than 90 days before the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the requirements of COMAR 26.13.05.08 until the new owner or operator has demonstrated to the Secretary that he is complying with the requirements of that regulation. The new owner or operator shall demonstrate compliance with COMAR 26.13.05.08 requirements within 6 months of the date of the change in the ownership or operational control of the facility. Upon demonstration to the Secretary by the new owner or operator of compliance with COMAR 26.13.05.08, the Secretary shall notify the old owner or operator in writing that he no longer needs to comply with COMAR 26.13.05.08 as of the date of demonstration.

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)