Maryland Hazardous Waste Facilities Siting Program

Maryland Hazardous Waste Facilities Siting Program. The program is a state-level regulatory framework established to govern the location, permitting, and oversight of facilities that treat, store, or dispose of hazardous waste. Administered by the Maryland Department of the Environment, its primary mandate is to ensure such facilities are sited in a manner that protects public health and the environment while providing a systematic process for evaluating proposed locations. The program operates under specific state statutes that complement federal regulations like the Resource Conservation and Recovery Act.

Program Overview and Legislative Authority

The program was formally created by the Maryland General Assembly through the passage of the **Hazardous Waste Facilities Siting Act** in 1981. This legislation was a direct response to growing public concern over hazardous waste management following high-profile incidents like the Love Canal disaster and the implementation of the federal Comprehensive Environmental Response, Compensation, and Liability Act. The act grants primary authority to the Maryland Department of the Environment to implement the siting process. Its creation also led to the establishment of the **Hazardous Waste Facilities Siting Board**, an independent body tasked with making final siting decisions. The program's rules are codified in the Code of Maryland Regulations and are designed to work in conjunction with federal oversight from the United States Environmental Protection Agency.

Siting Criteria and Evaluation Process

The program establishes a rigorous set of technical and environmental criteria that any proposed facility must meet. These criteria are evaluated through a detailed application process overseen by the Maryland Department of the Environment. Key factors include geological suitability, with assessments of underlying aquifer systems and proximity to features like the Chesapeake Bay or the Atlantic Coastal Plain. The process also evaluates hydrological conditions, seismic stability, and the potential impact on nearby wetlands or endangered species habitats. Proposals undergo a thorough review against standards for groundwater protection, air quality under the Clean Air Act, and transportation routes. The **Hazardous Waste Facilities Siting Board** considers these evaluations alongside local and regional needs before issuing a certificate of public necessity.

Public Participation and Local Review

A cornerstone of the program is its requirement for extensive public involvement and formal local government review. Applicants must prepare a comprehensive **Local Participation Plan** that outlines strategies for engaging communities, often including the formation of local advisory committees. The Maryland Department of the Environment holds mandatory public hearings in affected jurisdictions, such as Baltimore County or Prince George's County, to receive testimony. Local governments are granted significant authority through a **Local Review Committee**, which prepares a formal report on the proposal's consistency with local plans, including zoning ordinances and comprehensive plans. This report is a critical document for the final decision by the **Hazardous Waste Facilities Siting Board**.

Permitting and Regulatory Framework

Successful siting approval is only the first step; a facility must then secure multiple environmental permits from the Maryland Department of the Environment. This includes a **Resource Conservation and Recovery Act** Part B permit for hazardous waste management operations, which involves detailed design and operational plans. Additional permits may be required for National Pollutant Discharge Elimination System discharges, the prevention of air pollution, and the management of stormwater. The regulatory framework ensures continuous compliance through monitoring, reporting, and inspection protocols. Facilities are also subject to financial assurance requirements and must have approved closure and post-closure care plans. Enforcement actions can be taken under both state law and federal statutes like the Clean Water Act.

Historical Context and Key Facilities

The program's development was influenced by national debates over environmental justice and waste management in the late 1970s and early 1980s. In Maryland, operational hazardous waste facilities have been relatively few under this stringent program. One notable example was the **SCA Chemical Services** facility in Baltimore, which treated hazardous waste but ceased operations in the early 2000s. The **Brandywine** area in Prince George's County has been a focal point for waste management debates, though not all proposed facilities there received siting approval. The program's history reflects a broader trend of states like New Jersey and California developing robust siting laws to address the complex challenges of hazardous waste infrastructure while navigating community opposition and evolving environmental standards.