MD
Maryland Senate Bill SB253

Maryland 2025 Regular Session

Maryland Senate Bill SB253 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *sb0253*
109
1110 SENATE BILL 253
12-M3 (5lr0245)
13-ENROLLED BILL
14-— Education, Energy, and the Environment/Environment and Transportation —
15-Introduced by Chair, Education, Energy, and the Environment Committee (By
16-Request – Departmental – Commerce)
17-
18-Read and Examined by Proofreaders:
19-
20-_______________________________________________
21-Proofreader.
22-_______________________________________________
23-Proofreader.
24-
25-Sealed with the Great Seal and presented to the Governor, for his approval this
26-
27-_______ day of _______________ at ________________________ o’clock, ________M.
28-
29-______________________________________________
30-President.
11+M3 5lr0245
12+SB 889/21 – EHE (PRE–FILED) CF HB 62
13+By: Chair, Education, Energy, and the Environment Committee (By Request –
14+Departmental – Commerce)
15+Requested: October 4, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Education, Energy, and the Environment
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 22, 2025
3121
3222 CHAPTER ______
3323
3424 AN ACT concerning 1
3525
3626 Controlled Hazardous Substance Facility Permit – Research Facilities – 2
3727 Chemical Warfare Material Requirements 3
3828
3929 FOR the purpose of providing that certain provisions of law regarding chemical warfare 4
4030 material requirements under a controlled hazardous substance facility permit do not 5
4131 apply to certain research facilities under certain circumstances; establishing 6
4232 additional requirements applicable to research, development, and demonstration 7
4333 permits issued for the incineration of chemical warfare materials at a research 8
4434 facility; and generally relating to controlled hazardous substance facility permits. 9
4535
4636 BY repealing and reenacting, with amendments, 10
4737 Article – Environment 11
4838 Section 7–239.1, 7–239.2, 7–239.3, and 7–239.4 12
49- Annotated Code of Maryland 13 2 SENATE BILL 253
39+ Annotated Code of Maryland 13
40+ (2013 Replacement Volume and 2024 Supplement) 14
41+
42+BY adding to 15
43+ Article – Environment 16
44+ Section 7–239.5 17
45+ Annotated Code of Maryland 18
46+ (2013 Replacement Volume and 2024 Supplement) 19
47+ 2 SENATE BILL 253
5048
5149
52- (2013 Replacement Volume and 2024 Supplement) 1
50+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51+That the Laws of Maryland read as follows: 2
5352
54-BY adding to 2
5553 Article – Environment 3
56- Section 7–239.5 4
57- Annotated Code of Maryland 5
58- (2013 Replacement Volume and 2024 Supplement) 6
5954
60- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
61-That the Laws of Maryland read as follows: 8
55+7–239.1. 4
6256
63-Article – Environment 9
57+ (a) In §§ 7–239.1 through 7–239.4 7–239.5 of this subtitle the following words 5
58+have the meanings indicated. 6
6459
65-7–239.1. 10
60+ (b) (1) “Chemical warfare material” means any of the following: 7
6661
67- (a) In §§ 7–239.1 through 7–239.4 7–239.5 of this subtitle the following words 11
68-have the meanings indicated. 12
62+ (i) Adamsite (Phenarsazine chloride); 8
6963
70- (b) (1) “Chemical warfare material” means any of the following: 13
64+ (ii) GA (Ethyl–N, N–dimethyl phosphoramidocyanidate); 9
7165
72- (i) Adamsite (Phenarsazine chloride); 14
66+ (iii) GB (Isopropyl methyl phosphonofluoridate); 10
7367
74- (ii) GA (Ethyl–N, N–dimethyl phosphoramidocyanidate); 15
68+ (iv) GD (Pinacolyl methylphosphonofluoridate); 11
7569
76- (iii) GB (Isopropyl methyl phosphonofluoridate); 16
70+ (v) H, HD (Bis(2–chloroethyl) sulfide); 12
7771
78- (iv) GD (Pinacolyl methylphosphonofluoridate); 17
72+ (vi) HT (60 percent HD and 40 percent T 13
73+(Bis[2(2–chloroethyl– thio)ethyl]ester)); 14
7974
80- (v) H, HD (Bis(2–chloroethyl) sulfide); 18
75+ (vii) L (Dichloro(2–chlorovinyl)arsine); 15
8176
82- (vi) HT (60 percent HD and 40 percent T 19
83-(Bis[2(2–chloroethyl– thio)ethyl]ester)); 20
77+ (viii) T (2–2’ Di (3–chloroethylthio)–diethyl ether); or 16
8478
85- (vii) L (Dichloro(2–chlorovinyl)arsine); 21
79+ (ix) VX (O –ethyl–S–(2–diisopropylaminoethyl) methyl 17
80+phosphonothiolate). 18
8681
87- (viii) T (2–2’ Di (3–chloroethylthio)–diethyl ether); or 22
82+ (2) “Chemical warfare material” includes any substance that has chemical 19
83+warfare material as an active or principal ingredient or ingredients, and degradation 20
84+products of chemical warfare material. 21
8885
89- (ix) VX (O –ethyl–S–(2–diisopropylaminoethyl) methyl 23
90-phosphonothiolate). 24
86+ (c) (1) “Monitoring data” means data from actual stack emissions under all 22
87+operating conditions at a controlled hazardous substance facility. 23
9188
92- (2) “Chemical warfare material” includes any substance that has chemical 25
93-warfare material as an active or principal ingredient or ingredients, and degradation 26
94-products of chemical warfare material. 27
89+ (2) “Monitoring data” does not include trial burn data or data derived from 24
90+incineration of agent simulants. 25
9591
96- (C) “MAXIMUM CREDIBLE EVEN T” MEANS A HYPOTHETICAL , WORST–CASE 28
97-EXPLOSION, FIRE, OR TOXIC AGENT RELEASE THAT I S REALISTICALLY POSS IBLE. 29 SENATE BILL 253 3
92+ (D) “RESEARCH FACILITY ” MEANS A FACILITY DESIGNATED BY THE U.S. 26
93+DEPARTMENT OF DEFENSE FOR THE RESEA RCH, DEVELOPMENT , AND 27
94+DEMONSTRATION OF TEC HNOLOGIES RELATED TO CHEMICAL WARFARE 28
95+MATERIALS. 29
96+ SENATE BILL 253 3
9897
9998
99+7–239.2. 1
100100
101- (c) (D) (1) “Monitoring data” means data from actual stack emissions under 1
102-all operating conditions at a controlled hazardous substance facility. 2
101+ (a) The State of Maryland finds that the chemical warfare materials specified 2
102+under § 7–239.1 of this subtitle were designed for warfare, specifically the destruction of 3
103+human beings, and for no legitimate civilian industrial use. 4
103104
104- (2) “Monitoring data” does not include trial burn data or data derived from 3
105-incineration of agent simulants. 4
105+ (b) The State recognizes the need to dispose of these chemical warfare materials 5
106+as safely as possible, ensuring the health and safety of State residents by the regulation of 6
107+their release into the environment. 7
106108
107- (D) (E) “RESEARCH FACILITY ” MEANS A FACILITY DES IGNATED BY THE 5
108-U.S. DEPARTMENT OF DEFENSE FOR THE RESEA RCH, DEVELOPMENT , AND 6
109-DEMONSTRATION OF TEC HNOLOGIES RELATED TO CH EMICAL WARFARE 7
110-MATERIALS. 8
109+ (c) Since these chemical warfare materials are highly toxic or carcinogenic, in 8
110+addition to any other applicable requirements at law, the State shall require [without 9
111+exemption or waiver] that an applicant for the treatment by incineration of chemical 10
112+warfare materials shall comply with all [the] APPLICABLE requirements of this subtitle 11
113+and all APPLICABLE regulations adopted under this subtitle. 12
111114
112-7–239.2. 9
115+ (D) NOTHING IN THIS SECTIO N OR IN §§ 7–239.3 AND 7–239.4 THROUGH 13
116+7–239.5 OF THIS SUBTITLE SHA LL LIMIT THE AUTHORI TY OF THE DEPARTMENT TO 14
117+APPLY REGULATIONS AD OPTED UNDER THIS SUB TITLE TO A CHEMICAL WARFARE 15
118+MATERIAL THAT IS A C ONTROLLED HAZARDOUS SUBSTANCE. 16
113119
114- (a) The State of Maryland finds that the chemical warfare materials specified 10
115-under § 7–239.1 of this subtitle were designed for warfare, specifically the destruction of 11
116-human beings, and for no legitimate civilian industrial use. 12
120+7–239.3. 17
117121
118- (b) The State recognizes the need to dispose of these chemical warfare materials 13
119-as safely as possible, ensuring the health and safety of State residents by the regulation of 14
120-their release into the environment. 15
122+ (A) THIS SECTION DOES NOT APPLY TO THE INCINER ATION OF CHEMICAL 18
123+WARFARE MATERIALS AT A RESEARCH FACILITY IF THE INCINERATION IS DONE FOR 19
124+RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 20
121125
122- (c) Since these chemical warfare materials are highly toxic or carcinogenic, in 16
123-addition to any other applicable requirements at law, the State shall require [without 17
124-exemption or waiver] that an applicant for the treatment by incineration of chemical 18
125-warfare materials shall comply with all [the] APPLICABLE requirements of this subtitle 19
126-and all APPLICABLE regulations adopted under this subtitle. 20
126+ [(a)] (B) A chemical warfare material that is a solid waste is a controlled 21
127+hazardous substance. 22
127128
128- (D) NOTHING IN THIS SECTI ON OR IN §§ 7–239.3 AND 7–239.4 THROUGH 21
129-7–239.5 OF THIS SUBTITLE SHA LL LIMIT THE AUTHORI TY OF THE DEPARTMENT TO 22
130-APPLY REGULATIONS AD OPTED UNDER THIS SUB TITLE TO A CHEMICAL WARFARE 23
131-MATERIAL THAT IS A C ONTROLLED HAZARDOUS SUBSTANCE. 24
129+ [(b)] (C) (1) SUBJECT TO § 7–239.5 OF THIS SUBTITLE , THIS 23
130+SUBSECTION DOES NOT APPLY TO THE INCINER ATION OF CHEMICAL WA RFARE 24
131+MATERIALS AT A RESEA RCH FACILITY IF THE INCINERATION IS DONE FOR 25
132+RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 26
132133
133-7–239.3. 25
134+ (2) In addition to any other applicable requirements, the Department may 27
135+not issue a permit for the construction, material alteration, or operation of a controlled 28
136+hazardous substance facility to be used for the treatment by incineration of a chemical 29
137+warfare material unless: 30
134138
135- (A) THIS SECTION DOES NOT APPLY TO THE INCINER ATION OF CHEMICAL 26
136-WARFARE MATERIALS AT A RESEARCH FACILITY IF THE INCINERATION I S DONE FOR 27
137-RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 28
139+ (1) (I) The permit applicant demonstrates to the satisfaction of the 31
140+Department prior to issuance of a controlled hazardous substance facility permit: 32
138141
139- [(a)] (B) A chemical warfare material that is a solid waste is a controlled 29
140-hazardous substance. 30
141-
142- [(b)] (C) (1) SUBJECT TO § 7–239.5 OF THIS SUBTITLE , THIS 31
143-SUBSECTION DOES NOT APPLY TO THE INC INERATION OF CHEMICA L WARFARE 32 4 SENATE BILL 253
142+ (i) 1. That the proposed incinerator technology has consistently 33
143+met all applicable federal and State performance standards in an operational facility 34 4 SENATE BILL 253
144144
145145
146-MATERIALS AT A RESEA RCH FACILITY IF THE INCINERATION IS DONE FOR 1
147-RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 2
146+comparable to the proposed facility for a period of time and under conditions acceptable to 1
147+the Department; 2
148148
149- (2) In addition to any other applicable requirements, the Department may 3
150-not issue a permit for the construction, material alteration, or operation of a controlled 4
151-hazardous substance facility to be used for the treatment by incineration of a chemical 5
152-warfare material unless: 6
149+ (ii) 2. That emissions and monitoring data from a comparable 3
150+facility demonstrate compliance with State toxic air pollutant standards established under 4
151+Title 2 of this article; 5
153152
154- (1) (I) The permit applicant demonstrates to the satisfaction of the 7
155-Department prior to issuance of a controlled hazardous substance facility permit: 8
153+ (iii) 3. That a destruction and removal efficiency of 99.9999 6
154+percent is achievable for each chemical warfare material to be incinerated at the facility; 7
156155
157- (i) 1. That the proposed incinerator technology has consistently 9
158-met all applicable federal and State performance standards in an operational facility 10
159-comparable to the proposed facility for a period of time and under conditions acceptable to 11
160-the Department; 12
156+ (iv) 4. That the applicant has made adequate provision to 8
157+support and fund the development of a plan that demonstrates the capability of removing, 9
158+sheltering, and protecting persons from the largest area at risk from a worst–case release, 10
159+as defined by the Department; 11
161160
162- (ii) 2. That emissions and monitoring data from a comparable 13
163-facility demonstrate compliance with State toxic air pollutant standards established under 14
164-Title 2 of this article; 15
161+ (v) 5. That an emergency preparedness plan has been developed 12
162+with adequate public participation that provides training, coordination, and equipment 13
163+necessary for State and local emergency response personnel and community members to 14
164+respond to a release of a chemical warfare material from the proposed facility; and 15
165165
166- (iii) 3. That a destruction and removal efficiency of 99.9999 16
167-percent is achievable for each chemical warfare material to be incinerated at the facility; 17
166+ (vi) 6. That the emergency preparedness plan has been 16
167+presented at public meetings in each county potentially impacted by a worst–case release; 17
168168
169- (iv) 4. That the applicant has made adequate provision to 18
170-support and fund the development of a plan that demonstrates the capability of removing, 19
171-sheltering, and protecting persons from the largest area at risk from a worst–case release, 20
172-as defined by the Department; 21
169+ (2) (II) The Department finds that the applicant has fully evaluated all 18
170+reasonable alternative methods for treatment or disposal including transport to a less 19
171+populated disposal site in order to create less risk of release or harm to the general public 20
172+or the environment; and 21
173173
174- (v) 5. That an emergency preparedness plan has been developed 22
175-with adequate public participation that provides training, coordination, and equipment 23
176-necessary for State and local emergency response personnel and community members to 24
177-respond to a release of a chemical warfare material from the proposed facility; and 25
174+ (3) (III) The local governing body of each county and municipal 22
175+corporation included in the worst–case release has a reasonable opportunity to review and 23
176+provide comment on the facility permit application and the emergency preparedness plan 24
177+under paragraph (1)(v) of this subsection ITEM (I)5 OF THIS PARAGRAPH . 25
178178
179- (vi) 6. That the emergency preparedness plan has been 26
180-presented at public meetings in each county potentially impacted by a worst–case release; 27
179+7–239.4. 26
181180
182- (2) (II) The Department finds that the applicant has fully evaluated all 28
183-reasonable alternative methods for treatment or disposal including transport to a less 29
184-populated disposal site in order to create less risk of release or harm to the general public 30
185-or the environment; and 31
181+ (A) THIS SUBJECT TO § 7–239.5 OF THIS SUBTITLE, THIS SECTION DOES NOT 27
182+APPLY TO THE INCINER ATION OF CHEMICAL WA RFARE MATERIALS AT A RESEARCH 28
183+FACILITY IF THE INCINERATI ON IS DONE FOR RESEA RCH, DEVELOPMENT , OR 29
184+DEMONSTRATION PURPOS ES. 30
186185
187- (3) (III) The local governing body of each county and municipal 32
188-corporation included in the worst–case release has a reasonable opportunity to review and 33
189-provide comment on the facility permit application and the emergency preparedness plan 34
190-under paragraph (1)(v) of this subsection ITEM (I)5 OF THIS PARAGRAPH . 35
186+ [(a)] (B) The Department shall require as conditions of operation of a controlled 31
187+hazardous substance facility to be used for the treatment by incineration of a chemical 32
188+warfare material that: 33
189+
190+ (1) Treatment by incineration be monitored on a continuous basis; 34
191191 SENATE BILL 253 5
192192
193193
194-7–239.4. 1
194+ (2) Monitoring data be regularly reviewed by a qualified independent third 1
195+party selected by the Department; and 2
195196
196- (A) THIS SUBJECT TO § 7–239.5 OF THIS SUBTITLE, THIS SECTION DOES NOT 2
197-APPLY TO THE INCINER ATION OF CHEMICAL WA RFARE MATERIALS AT A RESEARCH 3
198-FACILITY IF THE INCI NERATION IS DONE FOR RESEARCH, DEVELOPMENT , OR 4
199-DEMONSTRATION PURPOS ES. 5
197+ (3) Monitoring data and reviews be reported to the Department in the 3
198+manner and frequency determined appropriate by the Department. 4
200199
201- [(a)] (B) The Department shall require as conditions of operation of a controlled 6
202-hazardous substance facility to be used for the treatment by incineration of a chemical 7
203-warfare material that: 8
200+ [(b)] (C) Any permit issued under this section shall be for a quantity that is 5
201+specifically identified and: 6
204202
205- (1) Treatment by incineration be monitored on a continuous basis; 9
203+ (1) May be renewed for good cause as to the length of time for completion 7
204+of the incineration authorized under the permit; but 8
206205
207- (2) Monitoring data be regularly reviewed by a qualified independent third 10
208-party selected by the Department; and 11
206+ (2) May not be modified as to the amount of controlled hazardous substance 9
207+to be destroyed. 10
209208
210- (3) Monitoring data and reviews be reported to the Department in the 12
211-manner and frequency determined appropriate by the Department. 13
209+ [(c)] (D) After destruction of the specific quantity of the controlled hazardous 11
210+substance allowed by the terms of the permit issued under this section, the incinerator shall 12
211+be disassembled and disposed of in accordance with all applicable federal and State 13
212+performance standards and in a time period established by the permit. 14
212213
213- [(b)] (C) Any permit issued under this section shall be for a quantity that is 14
214-specifically identified and: 15
214+ [(d)] (E) In addition to the facility permit fee required under § 7–237 of this 15
215+subtitle, the applicant shall pay the compensation of an independent third party with whom 16
216+the Department may contract for the review of application materials and monitoring data. 17
215217
216- (1) May be renewed for good cause as to the length of time for completion 16
217-of the incineration authorized under the permit; but 17
218+7–239.5. 18
218219
219- (2) May not be modified as to the amount of controlled hazardous substance 18
220-to be destroyed. 19
220+ (A) (1) THE DEPARTMENT MAY ISSUE A RESEARCH, DEVELOPMENT , AND 19
221+DEMONSTRATION PERMIT FOR THE INCINERATION OF CHEMICAL WARFARE 20
222+MATERIALS AT A RESEA RCH FACILITY IN ACCO RDANCE WITH THIS SEC TION. 21
221223
222- [(c)] (D) After destruction of the specific quantity of the controlled hazardous 20
223-substance allowed by the terms of the permit issued under this section, the incinerator shall 21
224-be disassembled and disposed of in accordance with all applicable federal and State 22
225-performance standards and in a time period established by the permit. 23
226-
227- [(d)] (E) In addition to the facility permit fee required under § 7–237 of this 24
228-subtitle, the applicant shall pay the compensation of an independent third party with whom 25
229-the Department may contract for the review of application materials and monitoring data. 26
230-
231-7–239.5. 27
232-
233- (A) (1) THE DEPARTMENT MAY ISSUE A RESEARCH, DEVELOPMENT , AND 28
234-DEMONSTRATION PERMIT FOR THE INCINERATION OF CHEMICAL WARFARE 29
235-MATERIALS AT A RESEA RCH FACILITY IN ACCO RDANCE WITH THIS SEC TION. 30
236-
237- (2) THE REQUIREMENTS OF T HIS SECTION ARE IN A DDITION TO ANY 31
238-GENERAL REQUIREMENTS FOR RESEARCH , DEVELOPMENT , AND DEMONSTRATION 32 6 SENATE BILL 253
239-
240-
241-PERMITS, INCLUDING GENERAL RE QUIREMENTS RELATED T O PUBLIC 1
242-PARTICIPATION IN THE PERMITTING PROCESS . 2
243-
244- (3) THE DEPARTMENT MAY NOT IS SUE A PERMIT UNDER T HIS 3
245-SECTION UNLESS : 4
246-
247- (I) THE PERMIT APPLICANT DEMONSTRATES TO THE 5
248-SATISFACTION OF THE DEPARTMENT PRIOR TO T HE ISSUANCE OF THE P ERMIT THAT: 6
249-
250- 1. THE APPLICANT HAS MADE A DEQUATE PROVISIONS 7
251-TO SUPPORT AND FUND THE DEVELOPMENT OF A PLAN THAT DEMONSTRAT ES THE 8
252-CAPABILITY OF EVACUA TING, SHELTERING, AND PROTECTING PERSO NS FROM THE 9
253-LARGEST AREA AT RISK FROM A MAXIMUM CREDI BLE EVENT, AS DETERMINED BY THE 10
254-DEPARTMENT; 11
255-
256- 2. AN EMERGENCY PREPARED NESS PLAN HAS BEEN 12
257-DEVELOPED THAT ENUME RATES THE TRAINING , COORDINATION , AND EQUIPMENT 13
258-NECESSARY FOR STATE AND LOCAL EMERG ENCY RESPONSE PERSON NEL AND 14
259-COMMUNITY MEMBERS TO RESPOND TO A RELEASE OF A CHEMICAL WARFAR E 15
260-MATERIAL FROM THE RESEARCH FACILITY; AND 16
261-
262- 3. THE EMERGENCY PREPARE DNESS PLAN HAS BEEN 17
263-DEVELOPED WITH ADEQU ATE PUBLIC PARTICIPA TION AND PRESENTED A T PUBLIC 18
264-MEETINGS IN EACH COU NTY POTENTIALLY IMPA CTED BY A MAXIMUM CR EDIBLE 19
265-EVENT; AND 20
266-
267- (II) THE LOCAL GOVERNI NG BODY OF EACH COUN TY AND 21
268-MUNICIPAL CORPORATIO N INCLUDED IN THE MA XIMUM CREDIBLE EVENT HAS A 22
269-REASONABLE OPPORTUNI TY TO REVIEW AND PRO VIDE COMMENT ON THE PERMIT 23
270-APPLICATION AND THE EMERGENCY PREPAREDNE SS PLAN UNDER ITEM (I)2 OF THIS 24
271-PARAGRAPH . 25
224+ (2) THE REQUIREMENTS OF T HIS SECTION ARE IN A DDITION TO AN Y 22
225+GENERAL REQUIREMENTS FOR RESEARCH , DEVELOPMENT , AND DEMONSTRATION 23
226+PERMITS, INCLUDING GENERAL RE QUIREMENTS RELATED T O PUBLIC 24
227+PARTICIPATION IN THE PERMITTING PROCESS . 25
272228
273229 (B) A PERMIT ISSUED UNDER THIS SECTION SHALL : 26
274230
275231 (1) LIMIT THE DURATION OF THE PERMIT IN ACCORDANCE WITH 27
276232 DEPARTMENT REGULATION S; 28
277233
278234 (2) PROVIDE FOR THE RECEI PT AND TREATMENT BY THE RESEARCH 29
279235 FACILITY OF ONLY THO SE TYPES AND QUANTIT IES OF CHEMICAL WARF ARE 30
280236 MATERIALS THAT THE DEPARTMENT CONSIDERS NECESSARY FOR PURPOS ES OF 31
281237 DETERMINING THE EFFI CACY AND PERFORMANCE C APABILITIES OF THE 32
282-INCINERATION TECHNOL OGY OR PROCESS ; AND 33
283- SENATE BILL 253 7
238+INCINERATION TECHNOL OGY OR PROCESS ; AND 33 6 SENATE BILL 253
239+
284240
285241
286242 (3) SUBJECT TO SUBSECTION (C) OF THIS SECTION , INCLUDE 1
287243 REQUIREMENTS AS THE DEPARTMENT CONSIDERS NECESSARY TO PROTECT HUMAN 2
288244 HEALTH AND THE ENVIR ONMENT, INCLUDING REQUIREMEN TS REGARDING : 3
289245
290246 (I) MONITORING; 4
291247
292248 (II) OPERATION; 5
293249
294250 (III) FINANCIAL RESPONSIBILITY ; 6
295251
296252 (IV) CLOSURE AND REMEDIAL ACTION; AND 7
297253
298254 (V) ANY OTHER MATTER THAT THE DEPARTMENT CONSIDERS 8
299255 NECESSARY RELATED TO TESTING AND PROVIDIN G INFORMATION TO THE 9
300256 DEPARTMENT WITH RESPE CT TO THE OPERATION OF THE RESEARCH FACI LITY. 10
301257
302258 (C) IN DEVELOPING PERMIT REQUIRE MENTS UNDER THIS SEC TION, THE 11
303259 DEPARTMENT SHALL : 12
304260
305261 (1) REQUIRE CONTINUOUS NE AR–REAL TIME AIR EMISSI ONS 13
306262 MONITORING , WITH A LAG TIME OF N OT MORE THAN 10 MINUTES, DURING 14
307263 INCINERATION ; AND 15
308264
309265 (2) CONSIDER THE NEED FOR SOIL AND WATER POLLU TION 16
310266 MONITORING . 17
311267
312268 (D) THE DEPARTMENT MAY ORDER AN IMMEDIATE TERMINA TION OF ALL 18
313269 INCINERATION OPERATI ONS AT A RESEARCH FA CILITY AT ANY TIME T HE 19
314270 DEPARTMENT DETERMINES THAT TERMINATION IS NECESSARY TO PROTECT 20
315271 HUMAN HEALTH OR THE ENVIRONMENT . 21
316272
317273 (E) (1) THE DEPARTMENT SHALL REQUIRE A RESEARCH FACILITY THAT 22
318274 RECEIVES A PERMIT UN DER THIS SECTION TO : 23
319275
320276 (I) AT LEAST ONCE EVERY Y EAR, REPORT TO THE 24
321277 DEPARTMENT ON OPERATI ONS UNDER THE PERMIT , INCLUDING: 25
322278
323279 1. THE QUANTITIES AND TY PES OF CHEMICAL WARF ARE 26
324280 MATERIALS INCI NERATED DURING THE R EPORTING PERIOD ; 27
325281
326282 2. THE RESULTS OF ALL EM ISSIONS AND POLLUTIO N 28
327283 MONITORING UNDERTAKE N UNDER THE PERMIT ; AND 29
328- 8 SENATE BILL 253
284+ SENATE BILL 253 7
329285
330286
331287 3. ANY OTHER INFORMATION REQUESTED BY THE 1
332288 DEPARTMENT ; AND 2
333289
334290 (II) AT LEAST ONCE EVERY 2 YEARS, CONDUCT AND SUBMIT T O 3
335291 THE DEPARTMENT AN ASSESSM ENT OF INCINERATION ACTIVITIES CONDUCTED 4
336292 UNDER THE PERMIT ON LOCAL ECOSYSTEMS , PUBLIC HEALTH , AND AIR QUALITY . 5
337293
338294 (2) THE DEPARTMENT : 6
339295
340296 (I) SHALL REVIEW ALL REPO RTS AND ASSESSME NTS 7
341297 SUBMITTED UNDER THIS SUBSECTION; AND 8
342298
343299 (II) MAY, ON THE BASIS OF A RE PORT OR ASSESSMENT 9
344300 SUBMITTED UNDER THIS SUBSECTION, MODIFY OR REVOKE A P ERMIT ISSUED 10
345301 UNDER THIS SECTION . 11
346302
347303 (3) THE DEPARTMENT SHALL : 12
348304
349305 (I) TO THE EXTENT THAT DO ING SO IS CONSISTENT WITH § 13
350306 4–352 OF THE GENERAL PROVISIONS ARTICLE, MAKE ALL REPORTS AND 14
351307 ASSESSMENTS REQUIRED UNDER THIS SUBSECTIO N AVAILABLE ON THE 15
352308 DEPARTMENT ’S WEBSITE; AND 16
353309
354310 (II) IN ACCORDANCE WITH § 2–1257 OF THE STATE 17
355311 GOVERNME NT ARTICLE, SUBMIT ALL REPORTS A ND ASSESSMENTS REQUI RED 18
356312 UNDER THIS SUBSECTIO N TO THE SENATE COMMITTEE ON EDUCATION, ENERGY, 19
357313 AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND TRANSPORTATION 20
358314 COMMITTEE. 21
359315
360316 SECTION 2. AND BE IT FURTHER ENACTED, That this Act s hall take effect July 22
361317 1, 2025. 23
362318
363319
364320
365321
366-
367322 Approved:
368323 ________________________________________________________________________________
369324 Governor.
370325 ________________________________________________________________________________
371326 President of the Senate.
372327 ________________________________________________________________________________
373328 Speaker of the House of Delegates.