SB 889
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
Senate Bill 889 (Senator Jennings)
Education, Health, and Environmental Affairs
Controlled Hazardous Substance Facility Permit - Research Facilities - Chemical
Warfare Material Requirements
This bill exempts the incineration of chemical warfare materials at a “research facility”
from certain State controlled hazardous substances (CHS) statutory and related regulatory
standards that are specific to the incineration of chemical warfare materials if the
incineration is done for research, development, or demonstration purposes. A “research
facility” is defined as a facility designated by the U.S. Department of Defense (DOD) for
the research, development, and demonstration of technologies related to chemical warfare
materials.
Fiscal Summary
State Effect: Since it is assumed that the bill applies in a limited number of cases, State
finances are not anticipated to be materially affected. However, there could be an
operational impact on the Maryland Department of the Environment’s (MDE) ability to
regulate chemical warfare materials that are incinerated at a qualifying facility as CHS, as
discussed below.
Local Effect: The bill is not expected to directly affect local governmental operations or
finances.
Small Business Effect: Potential meaningful.
Analysis
Bill Summary: The bill repeals the statement “since these chemical warfare materials are
highly toxic or carcinogenic,” and exempts the incineration of chemical warfare materials
at a research facility (if the incineration is done for research, development, or
demonstration purposes) from CHS standards that are specific to the incineration of
chemical warfare materials and are established in § 7-239.3 and § 7-239.4 of the
Environment Article.
Broadly, § 7-239.3 declares that a chemical warfare material that is a solid waste is a CHS
and establishes several performance standards and required outreach and plan development
actions that must be satisfied prior to MDE issuing a CHS facility permit to a facility that
will be used for the treatment by incineration of a chemical warfare material.
Section 7-239.4 (1) establishes standards that must be included as conditions on the
operation of a facility that will be used for the treatment by incineration of a chemical
warfare material; (2) requires that an affected incinerator be disassembled and disposed
after the incineration is complete, as specified; and (3) requires an applicant for an affected
facility permit to pay the compensation of an independent third party hired to review
application materials and monitoring data.
Despite these exemptions, under the bill, pursuant to current law, the State, without
exemption or waiver, must still require an applicant for the treatment by incineration of
chemical warfare materials to comply with all the requirements of the CHS subtitle and all
related regulations.
Current Law: “Chemical warfare material” is any one of nine listed substances; the term
includes any substance that has chemical warfare material as an active or principal
ingredient or ingredients and degradation products of chemical warfare material. Statute
establishes that the State of Maryland finds that chemical warfare materials were designed
for warfare, specifically the destruction of human beings, and for no legitimate civilian
industrial use. Thus, the State recognizes the need to dispose of these chemical warfare
materials as safely as possible, ensuring the health and safety of State residents by the
regulation of their release into the environment. Further, statute provides that since these
chemical warfare materials are highly toxic or carcinogenic, in addition to any other
applicable requirements at law, the State must require without exemption or waiver that an
applicant for the treatment by incineration of chemical warfare materials shall comply with
all statutory and regulatory requirements for CHS.
In addition to the standard CHS requirements, there are additional requirements specific to
the incineration of chemical warfare materials. Statute establishes that a chemical warfare
material that is a solid waste is also CHS. MDE may not issue a permit to construct,
materially alter, or operate a CHS facility that will be used for the treatment of the
incineration of a chemical warfare material unless the permit applicant can demonstrate to
MDE’s satisfaction that the following requirements have been met:
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 the proposed incinerator technology has consistently met all applicable federal and
State performance standards in an operational and comparable facility for a period
of time and under conditions acceptable to MDE;
 emissions and monitoring data from a comparable facility demonstrate compliance
with State toxic air pollutant standards;
 a destruction and removal efficiency of at least 99.9999% is achievable for each
chemical warfare material to be incinerated at the facility;
 the applicant has made plans to adequately fund the development of a plan to
remove, shelter, and protect persons from the largest area at risk from a worst-case
release, as defined by MDE;
 an emergency preparedness plan has been developed with adequate public
participation and has been presented at public meetings in counties at risk from a
worst-case release;
 MDE finds that the applicant has fully evaluated all reasonable alternative methods
for treatment or disposal in order to create less risk of release or harm to the general
public or the environment; and
 the local governing body of each jurisdiction included in the worst-case release has
a reasonable opportunity to review and provide comment on the permit application
and the emergency preparedness plan.
Statute establishes a number of permit restrictions that must be in place in order for MDE
to issue a CHS facility permit for the incineration of a chemical warfare materials. More
specifically, MDE must require, as a condition of operation of a CHS facility to be used
for the incineration of a chemical warfare material, that (1) the incineration of chemical
warfare material be monitored on a continuous basis; (2) monitoring data be reviewed by
an MDE-selected qualified independent third party; and (3) both the data and reviews be
reported to MDE in a manner and frequency determined by the department. Further, MDE
may only issue a CHS facility permit for a specifically identified quantity of chemical
warfare material. A permit may only be renewed or extended for good cause and to
complete the incineration. However, a permit may not be modified as to the amount of
CHS material to be destroyed. In addition to CHS facility permit fees, an applicant must
pay for the independent third party with whom MDE is authorized to contract for the review
of application materials and monitoring data.
After the chemical warfare materials are destroyed, the incinerator must be disassembled
and disposed of in accordance with all applicable federal and State performance standards
and in a time period established in the permit.
Subtitle 2 of Title 7 of the Environment Article establishes the standards for CHS, which
include requirements for facility permitting and transportation restrictions. Among other
things, MDE has the general authority to issue, modify, or revoke permits to install, modify,
SB 889/ Page 3
or operate a disposal system or any part of a disposal system and to require proper
maintenance and operation of a disposal system. CHS facility permit application fees are
established in regulation and range from $2,000 to $10,000 per application. Regulations
also establish the method by which permit fees are calculated.
State Fiscal Effect: The bill is not anticipated to have a material fiscal impact on the State
since it is assumed to apply in only a limited number of cases. However, there could be an
impact on MDE’s ability to regulate chemical warfare materials that are incinerated at
qualifying facilities as CHS. Although affected facilities must still comply with all other
requirements of the CHS subtitle and related regulations, the bill exempts chemical warfare
material that will be incinerated at a designated DOD research facility from the explicit
statutory language that these materials are considered to be CHS. Thus, the bill could affect
MDE’s ability to regulate chemical warfare materials that are incinerated at a qualifying
facility from being regulated as CHS, although this is somewhat unclear.
Small Business Effect: To the extent that an affected facility is a small business, the bill
could offer a meaningful opportunity to enter the market as a research facility for the
incineration of chemical warfare materials. It is unknown whether any such facilities are
small businesses. The current law restrictions requiring a facility to demonstrate
performance standards based on comparable operational facilities make it difficult for a
company that plans to utilize new technology to incinerate chemical warfare materials to
obtain a permit. Thus, the bill’s changes could be meaningful for any affected small
businesses.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of the Environment; Chemical Biological
Center Public Affairs Office; Department of Legislative Services
Fiscal Note History: First Reader - March 2, 2021
rh/lgc
Analysis by: Kathleen P. Kennedy Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 889/ Page 4


Statutes affected:
Text - First - Controlled Hazardous Substance Facility Permit - Research Facilities - Chemical Warfare Material Requirements: 7-239.2 Environment, 7-239.3 Environment, 7-239.4 Environment