EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*sb0253*
SENATE BILL 253
M3 (5lr0245)
ENROLLED BILL
— Education, Energy, and the Environment/Environment and Transportation —
Introduced by Chair, Education, Energy, and the Environment Committee (By
Request – Departmental – Commerce)
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Controlled Hazardous Substance Facility Permit – Research Facilities – 2
Chemical Warfare Material Requirements 3
FOR the purpose of providing that certain provisions of law regarding chemical warfare 4
material requirements under a controlled hazardous substance facility permit do not 5
apply to certain research facilities under certain circumstances; establishing 6
additional requirements applicable to research, development, and demonstration 7
permits issued for the incineration of chemical warfare materials at a research 8
facility; and generally relating to controlled hazardous substance facility permits. 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 7–239.1, 7–239.2, 7–239.3, and 7–239.4 12
Annotated Code of Maryland 13 2 SENATE BILL 253
(2013 Replacement Volume and 2024 Supplement) 1
BY adding to 2
Article – Environment 3
Section 7–239.5 4
Annotated Code of Maryland 5
(2013 Replacement Volume and 2024 Supplement) 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Environment 9
7–239.1. 10
(a) In §§ 7–239.1 through 7–239.4 7–239.5 of this subtitle the following words 11
have the meanings indicated. 12
(b) (1) “Chemical warfare material” means any of the following: 13
(i) Adamsite (Phenarsazine chloride); 14
(ii) GA (Ethyl–N, N–dimethyl phosphoramidocyanidate); 15
(iii) GB (Isopropyl methyl phosphonofluoridate); 16
(iv) GD (Pinacolyl methylphosphonofluoridate); 17
(v) H, HD (Bis(2–chloroethyl) sulfide); 18
(vi) HT (60 percent HD and 40 percent T 19
(Bis[2(2–chloroethyl– thio)ethyl]ester)); 20
(vii) L (Dichloro(2–chlorovinyl)arsine); 21
(viii) T (2–2’ Di (3–chloroethylthio)–diethyl ether); or 22
(ix) VX (O –ethyl–S–(2–diisopropylaminoethyl) methyl 23
phosphonothiolate). 24
(2) “Chemical warfare material” includes any substance that has chemical 25
warfare material as an active or principal ingredient or ingredients, and degradation 26
products of chemical warfare material. 27
(C) “MAXIMUM CREDIBLE EVEN T” MEANS A HYPOTHETICAL , WORST–CASE 28
EXPLOSION, FIRE, OR TOXIC AGENT RELEASE THAT I S REALISTICALLY POSS IBLE. 29 SENATE BILL 253 3
(c) (D) (1) “Monitoring data” means data from actual stack emissions under 1
all operating conditions at a controlled hazardous substance facility. 2
(2) “Monitoring data” does not include trial burn data or data derived from 3
incineration of agent simulants. 4
(D) (E) “RESEARCH FACILITY ” MEANS A FACILITY DES IGNATED BY THE 5
U.S. DEPARTMENT OF DEFENSE FOR THE RESEA RCH, DEVELOPMENT , AND 6
DEMONSTRATION OF TEC HNOLOGIES RELATED TO CH EMICAL WARFARE 7
MATERIALS. 8
7–239.2. 9
(a) The State of Maryland finds that the chemical warfare materials specified 10
under § 7–239.1 of this subtitle were designed for warfare, specifically the destruction of 11
human beings, and for no legitimate civilian industrial use. 12
(b) The State recognizes the need to dispose of these chemical warfare materials 13
as safely as possible, ensuring the health and safety of State residents by the regulation of 14
their release into the environment. 15
(c) Since these chemical warfare materials are highly toxic or carcinogenic, in 16
addition to any other applicable requirements at law, the State shall require [without 17
exemption or waiver] that an applicant for the treatment by incineration of chemical 18
warfare materials shall comply with all [the] APPLICABLE requirements of this subtitle 19
and all APPLICABLE regulations adopted under this subtitle. 20
(D) NOTHING IN THIS SECTI ON OR IN §§ 7–239.3 AND 7–239.4 THROUGH 21
7–239.5 OF THIS SUBTITLE SHA LL LIMIT THE AUTHORI TY OF THE DEPARTMENT TO 22
APPLY REGULATIONS AD OPTED UNDER THIS SUB TITLE TO A CHEMICAL WARFARE 23
MATERIAL THAT IS A C ONTROLLED HAZARDOUS SUBSTANCE. 24
7–239.3. 25
(A) THIS SECTION DOES NOT APPLY TO THE INCINER ATION OF CHEMICAL 26
WARFARE MATERIALS AT A RESEARCH FACILITY IF THE INCINERATION I S DONE FOR 27
RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 28
[(a)] (B) A chemical warfare material that is a solid waste is a controlled 29
hazardous substance. 30
[(b)] (C) (1) SUBJECT TO § 7–239.5 OF THIS SUBTITLE , THIS 31
SUBSECTION DOES NOT APPLY TO THE INC INERATION OF CHEMICA L WARFARE 32 4 SENATE BILL 253
MATERIALS AT A RESEA RCH FACILITY IF THE INCINERATION IS DONE FOR 1
RESEARCH, DEVELOPMENT , OR DEMONSTRATION PUR POSES. 2
(2) In addition to any other applicable requirements, the Department may 3
not issue a permit for the construction, material alteration, or operation of a controlled 4
hazardous substance facility to be used for the treatment by incineration of a chemical 5
warfare material unless: 6
(1) (I) The permit applicant demonstrates to the satisfaction of the 7
Department prior to issuance of a controlled hazardous substance facility permit: 8
(i) 1. That the proposed incinerator technology has consistently 9
met all applicable federal and State performance standards in an operational facility 10
comparable to the proposed facility for a period of time and under conditions acceptable to 11
the Department; 12
(ii) 2. That emissions and monitoring data from a comparable 13
facility demonstrate compliance with State toxic air pollutant standards established under 14
Title 2 of this article; 15
(iii) 3. That a destruction and removal efficiency of 99.9999 16
percent is achievable for each chemical warfare material to be incinerated at the facility; 17
(iv) 4. That the applicant has made adequate provision to 18
support and fund the development of a plan that demonstrates the capability of removing, 19
sheltering, and protecting persons from the largest area at risk from a worst–case release, 20
as defined by the Department; 21
(v) 5. That an emergency preparedness plan has been developed 22
with adequate public participation that provides training, coordination, and equipment 23
necessary for State and local emergency response personnel and community members to 24
respond to a release of a chemical warfare material from the proposed facility; and 25
(vi) 6. That the emergency preparedness plan has been 26
presented at public meetings in each county potentially impacted by a worst–case release; 27
(2) (II) The Department finds that the applicant has fully evaluated all 28
reasonable alternative methods for treatment or disposal including transport to a less 29
populated disposal site in order to create less risk of release or harm to the general public 30
or the environment; and 31
(3) (III) The local governing body of each county and municipal 32
corporation included in the worst–case release has a reasonable opportunity to review and 33
provide comment on the facility permit application and the emergency preparedness plan 34
under paragraph (1)(v) of this subsection ITEM (I)5 OF THIS PARAGRAPH . 35
SENATE BILL 253 5
7–239.4. 1
(A) THIS SUBJECT TO § 7–239.5 OF THIS SUBTITLE, THIS SECTION DOES NOT 2
APPLY TO THE INCINER ATION OF CHEMICAL WA RFARE MATERIALS AT A RESEARCH 3
FACILITY IF THE INCI NERATION IS DONE FOR RESEARCH, DEVELOPMENT , OR 4
DEMONSTRATION PURPOS ES. 5
[(a)] (B) The Department shall require as conditions of operation of a controlled 6
hazardous substance facility to be used for the treatment by incineration of a chemical 7
warfare material that: 8
(1) Treatment by incineration be monitored on a continuous basis; 9
(2) Monitoring data be regularly reviewed by a qualified independent third 10
party selected by the Department; and 11
(3) Monitoring data and reviews be reported to the Department in the 12
manner and frequency determined appropriate by the Department. 13
[(b)] (C) Any permit issued under this section shall be for a quantity that is 14
specifically identified and: 15
(1) May be renewed for good cause as to the length of time for completion 16
of the incineration authorized under the permit; but 17
(2) May not be modified as to the amount of controlled hazardous substance 18
to be destroyed. 19
[(c)] (D) After destruction of the specific quantity of the controlled hazardous 20
substance allowed by the terms of the permit issued under this section, the incinerator shall 21
be disassembled and disposed of in accordance with all applicable federal and State 22
performance standards and in a time period established by the permit. 23
[(d)] (E) In addition to the facility permit fee required under § 7–237 of this 24
subtitle, the applicant shall pay the compensation of an independent third party with whom 25
the Department may contract for the review of application materials and monitoring data. 26
7–239.5. 27
(A) (1) THE DEPARTMENT MAY ISSUE A RESEARCH, DEVELOPMENT , AND 28
DEMONSTRATION PERMIT FOR THE INCINERATION OF CHEMICAL WARFARE 29
MATERIALS AT A RESEA RCH FACILITY IN ACCO RDANCE WITH THIS SEC TION. 30
(2) THE REQUIREMENTS OF T HIS SECTION ARE IN A DDITION TO ANY 31
GENERAL REQUIREMENTS FOR RESEARCH , DEVELOPMENT , AND DEMONSTRATION 32 6 SENATE BILL 253
PERMITS, INCLUDING GENERAL RE QUIREMENTS RELATED T O PUBLIC 1
PARTICIPATION IN THE PERMITTING PROCESS . 2
(3) THE DEPARTMENT MAY NOT IS SUE A PERMIT UNDER T HIS 3
SECTION UNLESS : 4
(I) THE PERMIT APPLICANT DEMONSTRATES TO THE 5
SATISFACTION OF THE DEPARTMENT PRIOR TO T HE ISSUANCE OF THE P ERMIT THAT: 6
1. THE APPLICANT HAS MADE A DEQUATE PROVISIONS 7
TO SUPPORT AND FUND THE DEVELOPMENT OF A PLAN THAT DEMONSTRAT ES THE 8
CAPABILITY OF EVACUA TING, SHELTERING, AND PROTECTING PERSO NS FROM THE 9
LARGEST AREA AT RISK FROM A MAXIMUM CREDI BLE EVENT, AS DETERMINED BY THE 10
DEPARTMENT; 11
2. AN EMERGENCY PREPARED NESS PLAN HAS BEEN 12
DEVELOPED THAT ENUME RATES THE TRAINING , COORDINATION , AND EQUIPMENT 13
NECESSARY FOR STATE AND LOCAL EMERG ENCY RESPONSE PERSON NEL AND 14
COMMUNITY MEMBERS TO RESPOND TO A RELEASE OF A CHEMICAL WARFAR E 15
MATERIAL FROM THE RESEARCH FACILITY; AND 16
3. THE EMERGENCY PREPARE DNESS PLAN HAS BEEN 17
DEVELOPED WITH ADEQU ATE PUBLIC PARTICIPA TION AND PRESENTED A T PUBLIC 18
MEETINGS IN EACH COU NTY POTENTIALLY IMPA CTED BY A MAXIMUM CR EDIBLE 19
EVENT; AND 20
(II) THE LOCAL GOVERNI NG BODY OF EACH COUN TY AND 21
MUNICIPAL CORPORATIO N INCLUDED IN THE MA XIMUM CREDIBLE EVENT HAS A 22
REASONABLE OPPORTUNI TY TO REVIEW AND PRO VIDE COMMENT ON THE PERMIT 23
APPLICATION AND THE EMERGENCY PREPAREDNE SS PLAN UNDER ITEM (I)2 OF THIS 24
PARAGRAPH . 25
(B) A PERMIT ISSUED UNDER THI S SECTION SHALL : 26
(1) LIMIT THE DURATION OF THE PERMIT IN ACCORD ANCE WITH 27
DEPARTMENT REGULATION S; 28
(2) PROVIDE FOR THE RECEI PT AND TREATMENT BY THE RESEARCH 29
FACILITY OF ONLY THO SE TYPES AND QUANTIT IES OF CHEMICAL WARF ARE 30
MATERIALS T HAT THE DEPARTMENT CONSIDERS NECESSARY FOR PURPOS ES OF 31
DETERMINING THE EFFI CACY AND PERFORMANCE CAPABILITIES OF THE 32
INCINERATION TECHNOL OGY OR PROCESS ; AND 33
SENATE BILL 253 7
(3) SUBJECT TO SUBSECTION (C) OF THIS SECTION , INCLUDE 1
REQUIREMENTS AS THE DEPARTMENT CONSIDERS NECESSARY TO PROTECT HUMAN 2
HEALTH AND THE ENVIR ONMENT, INCLUDING REQUIREMEN TS REGARDING : 3
(I) MONITORING; 4
(II) OPERATION; 5
(III) FINANCIAL RESPONSIBIL ITY; 6
(IV) CLOSURE AND REMEDIAL ACTION; AND 7
(V) ANY OTHER MATTER THAT THE DEPARTMENT CONSIDERS 8
NECESSARY RELATED TO TESTING AND PROVIDIN G INFORMATION TO THE 9
DEPARTMENT WITH RESPE CT TO THE OPERATION OF THE RESEARCH FACI LITY. 10
(C) IN DEVELOPING PERMIT REQUIREMENTS UNDER T HIS SECTION, THE 11
DEPARTMENT SHALL : 12
(1) REQUIRE CONTINUOUS NE AR–REAL TIME AIR EMISSIONS 13
MONITORING , WITH A LAG TIME OF N OT MORE THAN 10 MINUTES, DURING 14
INCINERATION ; AND 15
(2) CONSIDER THE NEED FOR SOIL AND WATER POLLU TION 16
MONITORING . 17
(D) THE DEPARTMENT MAY ORDER AN IMMEDIATE TERMINA TION OF ALL 18
INCINERATION OPERATI ONS AT A RESEARCH FACILIT Y AT ANY TIME THE 19
DEPARTMENT DETERMINES THAT TERMINATION IS NECESSARY TO PROTECT 20
HUMAN HEALTH OR THE ENVIRONMENT . 21
(E) (1) THE DEPARTMENT SHALL REQU IRE A RESEARCH FACIL ITY THAT 22
RECEIVES A PERMIT UN DER THIS SECTION TO : 23
(I) AT LEAST ONCE EVERY YEAR , REPORT TO THE 24
DEPARTMENT ON OPERATI ONS UNDER THE PERMIT , INCLUDING: 25
1. THE QUANTITIES AND TY PES OF CHEMICAL WARF ARE 26
MATERIALS INCINERATE D DURING THE REPORTI NG PERIOD; 27
2. THE RESULTS OF ALL EM ISSIONS AND POLLUTIO N 28
MONITORING UND ERTAKEN UNDER THE PE RMIT; AND 29
8 SENATE BILL 253
3. ANY OTHER INFORMATION REQUESTED BY THE 1
DEPARTMENT ; AND 2
(II) AT LEAST ONCE EVERY 2 YEARS, CONDUCT AND SUBMIT T O 3
THE DEPARTMENT AN ASSESSM ENT OF INCINERATION ACTIVITIES CONDUCTED 4
UNDER THE PERMIT ON LOCAL ECOSYSTEMS , PUBLIC HEALTH , AND AIR QUALITY . 5
(2) THE DEPARTMENT : 6
(I) SHALL REVIEW ALL REPO RTS AND ASSESSMENTS 7
SUBMITTED UNDER THIS SUBSECTION; AND 8
(II) MAY, ON THE BASIS OF A RE PORT OR ASSESSMENT 9
SUBMITTED UNDER THIS SUBSECTION, MODIFY OR REVOKE A P ERMIT ISSUED 10
UNDER THIS SECTION . 11
(3) THE DEPARTMENT SHALL : 12
(I) TO THE EXTENT THAT DO ING SO IS CONSISTENT WITH § 13
4–352 OF THE GENERAL PROVISIONS ARTICLE, MAKE ALL REPORTS AND 14
ASSESSMENTS REQUIRED UNDER THIS SUBSECTIO N AVAILABLE ON THE 15
DEPARTMENT ’S WEBSITE; AND 16
(II) IN ACCORDANCE WITH § 2–1257 OF THE STATE 17
GOVERNMENT ARTICLE, SUBMIT ALL REPORTS A ND ASSESSMENTS REQUI RED 18
UNDER THIS SUBSECTIO N TO THE SENATE COMMITTEE ON EDUCATION, ENERGY, 19
AND THE ENVIRONMENT AND THE HOUSE ENVIRONMENT AND TRANSPORTATION 20
COMMITTEE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2025. 23
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.