1. A. Application for a Permit.

   1. (1) Any person who requires a permit shall complete, sign, and submit an application to the Secretary.
   2. (2) The Secretary may not begin the processing of a permit until the applicant has fully complied with the application requirements.
   3. (3) Permit applicants shall comply with the signature and certification requirements of Regulation .03 of this chapter.

   4. (4) The Secretary shall review for completeness each application for a permit in accordance with the following:

      1. (a) The Secretary should review for completeness each application for a permit submitted by a hazardous waste management facility within 60 days of its receipt;
      2. (b) On completing the review, the Secretary shall notify the applicant in writing whether the application is complete;
      3. (c) If the application is incomplete, the Secretary shall list the information necessary to make the application complete; and

      4. (d) After the application has been determined to be complete by the Secretary:

         1. (i) The Secretary may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material; and
         2. (ii) Requests by the Secretary for additional information may not render an application incomplete.
   5. (5) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision in the State statutes.
   6. (6) If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Secretary shall notify the applicant and schedule a visit.
   7. (7) The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided in §A(4) of this regulation.

   8. (8) Project Decision Schedule.

      1. (a) For each application from a major hazardous waste management facility, the Secretary shall, not later than the effective date of the application, prepare and mail to the applicant a project decision schedule.

      2. (b) The Secretary shall specify in the schedule target dates by which the Secretary intends to:

         1. (i) Prepare a draft permit;
         2. (ii) Give public notice;
         3. (iii) Complete the public comment period, including any public hearing; and
         4. (iv) Issue a final permit.

2. B. Modifications, Revocation and Reissuance, or Termination of Permits.

   1. (1) General.

      1. (a) Permits may be modified, revoked and reissued, or terminated either:

         1. (i) At the request of an interested person, including the permittee; or
         2. (ii) On the Secretary's initiative.
      2. (b) Permits may only be modified, revoked and reissued, or terminated for the reasons specified in Regulations .11 and 12 of this chapter.
      3. (c) A person requesting modification, revocation and reissuance, or termination of a permit shall make the request in writing and shall include with the request facts or reasons supporting the request.

   2. (2) Denial of Request.

      1. (a) If the Secretary decides that a request made under §B(1)(c) of this regulation is not justified, the Secretary shall send the requester a brief written response giving a reason for the decision.
      2. (b) Denials of requests for modification, revocation and reissuance, or termination are not subject to public hearing notice or comment.
      3. (c) A denial of a request constitutes a final permit decision of the Secretary and is subject to judicial review under Regulation .20-5B of this chapter.

   3. (3) Tentative Decision to Modify or Revoke and Reissue.

      1. (a) If the Secretary tentatively decides to modify or revoke and reissue a permit under Regulation .11 of this chapter, the Secretary shall prepare a tentative determination under Regulation .20-1A of this chapter, which shall include a draft permit incorporating the proposed changes.
      2. (b) The Secretary may request additional information when evaluating the potential modification, revocation and reissuance, or termination of a permit and, in the case of a modified permit, may require the submission of an updated permit application.
      3. (c) In the case of revoked and reissued permits, the Secretary shall require the submission of a new application.

   4. (4) Reopening Permit Conditions.

      1. (a) Permit Modification. In a permit modification under this regulation:

         1. (i) Only those conditions to be modified shall be reopened when a new draft permit is prepared; and
         2. (ii) All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit.

      2. (b) Permit Revocation and Reissuance.

         1. (i) When a permit is revoked and reissued under this regulation, the entire permit is reopened just as if the permit had expired and was being reissued.
         2. (ii) During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.
   5. (5) Modifications identified as minor under Regulations .13-1—.13-3 of this chapter are not subject to the requirements of this regulation but are instead processed in accordance with Regulation .13 of this chapter.

   6. (6) Notice of Intent to Terminate.

      1. (a) If the Secretary tentatively decides to terminate a permit under Regulation .12 of this chapter, the Secretary shall issue a notice of intent to terminate.
      2. (b) A notice of intent to terminate is a type of draft permit that follows the same procedures as a draft permit prepared under Regulation .20-1A of this chapter.
   7. (7) Judicial Review. A final decision to modify, revoke and reissue, or terminate a permit is subject to judicial review under Regulation .20-5B of this chapter.

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)