1993 LAWS OF MARYLAND

                 (I) THAT THE DESTRUCTION, TREATMENT, OR STORAGE

TECHNOLOGY TO BE USED AT THE FACILITY HAS BEEN FULLY PROVEN:

1. BASED ON ACTUAL-MONITORING DATA, FOR AT LEAST 6

MONTHS;

2. AT AN OPERATIONAL FACILITY IN THE UNITED STATES
THAT IS COMPARABLE IN SCALE, CONFIGURATION, AND THROUGHPUT TO THE
PROPOSED FACILITY; AND

3. TO PROVIDE CONSISTENT ASSURANCE OF A 99.9999
PERCENT EFFICIENCY RATE FOR THE DESTRUCTION, REMOVAL, TREATMENT, OR
NEUTRALIZATION. OF EACH CHEMICAL WARFARE MATERIAL OR CHEMICAL
WEAPON TO BE PROCESSED AT THE FACILITY;

(II) THAT THE 99.9999 PERCENT EFFICIENCY RATE IS ACHIEVABLE
DURING THE DESIGN LIFE OF THE PROPOSED FACILITY UNDER ALL OPERATING
CONDITIONS, INCLUDING THE OCCURRENCE OF MODIFICATIONS, MALFUNCTIONS,
UPSETS, OR UNPLANNED SHUTDOWNS;

            (III) BY USE OF MONITORING DATA FROM THE COMPARABLE
FACILITY AND APPLICABLE TOXICOLOGICAL DATA, THE ABSENCE OF EMISSIONS
FROM THE FACILITY OR FROM A FUGITIVE SOURCE, INCLUDING COMBUSTION
PRODUCTS, THAT ALONE OR IN COMBINATION WITH ANOTHER SUBSTANCE WILL
PRESENT A RISK OF AN ACUTE OR CHRONIC HUMAN HEALTH EFFECT OR AN
ADVERSE ENVIRONMENTAL EFFECT; AND

(IV) AN EMERGENCY PREPAREDNESS PLAN THAT PROVIDES:

1. THE TRAINING, COORDINATION, AND EQUIPMENT
NECESSARY FOR STATE AND LOCAL EMERGENCY-RESPONSE PERSONNEL AND
COMMUNITY MEMBERS TO RESPOND TO A RELEASE OF A HARMFUL SUBSTANCE
FROM THE PROPOSED FACILITY; AND

2. FOR THE PREEXPOSURE EVACUATION OF ALL

INDIVIDUALS IN THE GEOGRAPHIC AREA WHO WOULD BE AT RISK OR IN ANY WAY
INVOLVED IN THE EVENT OF A CREDIBLE WORST CASE RELEASE OF A CHEMICAL
WARFARE MATERIAL; A CHEMICAL WEAPON, OR A SUBSTANCE RELATED TO THE
DESTRUCTION, TREATMENT, STORAGE, OR NEUTRALIZATION OF A CHEMICAL
WARFARE MATERIAL OR CHEMICAL WEAPON, INCLUDING A CONSIDERATION OF
ALL POSSIBLE CLIMATIC CONDITIONS AND POPULATION DISTRIBUTIONS IN THE
LARGEST AREA WHERE EXPOSURE TO THE RELEASE COULD BE FORESEEABLE AND
INDUCE HEALTH OR ENVIRONMENTAL CONSEQUENCES;

(2) THE DEPARTMENT FINDS BY CLEAR AND CONVINCING EVIDENCE
THAT NO REASONABLE ALTERNATIVE METHOD OF DESTRUCTION; TREATMENT,
STORAGE, OR OTHER DISPOSAL EXISTS, IS LIKELY TO EXIST, OR COULD BE
DEVELOPED, INCLUDING NEUTRALIZATION OR TRANSPORT TO A LESS POPULATED
DISPOSAL SITE, IN ORDER TO CREATE LESS RISK OF RELEASE OR HARM TO THE
GENERAL PUBLIC OR THE ENVIRONMENT;

Ch. 612

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