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ROBERT L. EHRLICH, JR., Governor Ch. 23
AFFECTED FACILITY DOES NOT EXCEED THE CUMULATIVE EMISSIONS BUDGET FOR
ALL OF THE AFFECTED FACILITIES THAT THE PERSON OWNS, LEASES. OPERATES. OR
CONTROLS.
(3) IF AN AFFECTED FACILITY PERMANENTLY CEASES OPERATION. THE
DEPARTMENT:
(I) SHALL SUBTRACT THE EMISSIONS BUDGET FOR THAT
AFFECTED FACILITY FROM THE EMISSIONS LIMITATIONS ESTABLISHED IN
SUBSECTIONS (A). (B). (C), AND (D) OF THIS SECTION; AND
(II) MAY NOT INCREASE EXISTING EMISSIONS BUDGETS FOR ALL
OTHER AFFECTED FACILITIES.
(D) (F) (1) ON OR AFTER JANUARY 1,2010, A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL:
(1) ACHIEVE A MINIMUM 90% 80% CAPTURE OF INLET MERCURY FOR
EACH AFFECTED FACILITY, CALCULATED AS A ROLLING 12-MONTH AVERAGE; AND.
(2) ON OR AFTER JANUARY 1, 2012 2013, A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL ACHIEVE A MINIMUM 90%
CAPTURE OF INLET MERCURY FOR EACH AFFECTED FACILITY, CALCULATED AS A
ROLLING 12-MONTH AVERAGE.
(2) (3) A PERSON THAT OWNS. LEASES. OPERATES, OR CONTROLS AN
AFFECTED FACILITY SHALL DEMONSTRATE COMPLIANCE WITH PARAGRAPH (1) OF
THIS SUBSECTION THROUGH THE DIRECT MONITORING OF MERCURY EMISSIONS ON
A CONTINUOUS BASIS, ACCORDING TO THE REQUIREMENTS OF 40 C.F.R. PART 60,
60.49A(P), 60.4170-60.4176, AND 40 C.F.R. PART 75, SUBPART I.
(4) THE DEPARTMENT SHALL ADOPT REGULATIONS THAT ESTABLISH A
PROCEDURE TO BE USED TO DETERMINE A BASELINE AMOUNT OF MERCURY AT
EACH AFFECTED FACILITY FOR PURPOSES OF CALCULATING THE CAPTURE RATE
REQUIRED UNDER THIS SUBSECTION.
(E) (G) (1) NOT LATER THAN JUNE 30, 2007:,
(1) THE GOVERNOR SHALL INCLUDE THE STATE AS A FULL
PARTICIPANT IN THE REGIONAL GREENHOUSE GAS INITIATIVE AMONG
MID-ATLANTIC AND NORTHEAST STATES; OR.
(2) THE DEPARTMENT SHALL ADOPT REGULATIONS TO REQUIRE A 10%
REDUCTION OF CARBON DIOXIDE EMISSIONS FROM i\FFECTED FACILITIES BY 2018,
THROUGH AN IN STATE SYSTEM FOR TRADING AND TRACKING CARBON DIOXIDE
EMISSIONS IN ACCORDANCE WITH SUBSECTION (F) OF THIS SECTION.
(F) AS PART OF THE SYSTEM REQUIRED UNDER SUBSECTION (E)(2) OF THIS
SECTION, THE DEPARTMENT SHALL;
(1) CREATE A BASELINE EMISSION LEVEL BY ESTABLISHING
ALLOWANCES FOR THE EMISSION OF CARBON DIOXIDE EQUIVALENT TO THE 2001
CARBON DIOXIDE EMISSIONS OF THE AFFECTED FACILITIES AS FOLLOWS:
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