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2006 LAWS OF MARYLAND
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Ch. 23
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(3) (I) A DECISION BY THE DEPARTMENT TO REDUCE OR WAIVE ANY
PENALTY UNDER PARAGRAPH (2) OF THIS SUBSECTION SHALL BE SUBJECT TO
JUDICIAL REVIEW BY ANY PERSON WHO MEETS THE THRESHOLD STANDING
REQUIREMENTS UNDER FEDERAL CONSTITUTIONAL LAW.
(II) ANY ACTION TO REDUCE OR WAIVE ANY PENALTY UNDER
PARAGRAPH (2) OF THIS SUBSECTION SHALL REMAIN IN EFFECT UNTIL JUDICIAL
REVIEW IS FINAL.
(I) (J) (1) IF THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ALLOCATES EMISSION ALLOWANCES FOR MERCURY, SULFUR DIOXIDE, OR OXIDES OF
NITROGEN TO THE STATE, THE ALLOWANCES SHALL BE TREATED AS FOLLOWS; AS
PROVIDED IN THIS SUBSECTION.
(1) (2) A MERCURY ALLOWANCE MAY NOT BE ALLOCATED TO ANY
PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS AN AFFECTED FACILITY OR
OTHER SOURCE OF MERCURY EMISSIONS INTO THE ATMOSPHERE OR MERCURY
DISCHARGES INTO THE WATERS OF THE STATE.
(2) (3) (I) THE DEPARTMENT SHALL HOLD ALL MERCURY
ALLOWANCES ALLOCATED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO
THE STATE.
(II) AT THE END OF EACH CALENDAR YEAR, THE DEPARTMENT
SHALL INSTRUCT THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO RETIRE
PERMANENTLY THE ALLOWANCES.
(3) (4) THE DEPARTMENT SHALL ENSURE THAT ANY EMISSION
ALLOWANCES FOR SULFUR DIOXIDE OR OXIDES OF NITROGEN ALLOCATED BY THE
DEPARTMENT FOR AN AFFECTED FACILITY TO ANY PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY FOR EMISSIONS ABOVE THE
EMISSIONS LIMITATIONS ESTABLISHED UNDER SUBSECTIONS (A) THROUGH (D) OF
THIS SECTION MAY NOT BE MADE AVAILABLE FOR RESALE OR EXCHANGE.
(2) THE DEPARTMENT:
(I) MAY NOT ALLOW THE APPLICATION OF ALLOWANCES TO THE
COMPLIANCE OF ANY AFFECTED FACILITY WITH THE EMISSIONS LIMITATIONS
ESTABLISHED UNDER SUBSECTIONS (A) THROUGH (D) OF THIS SECTION; BUT
(II) MAY ALLOW THE ALLOWANCES TO BE SOLD OR TRADED TO
FACILITIES OUTSIDE THE STATE IN ACCORDANCE WITH ALLOWANCE TRADING
PROGRAMS OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY.
2-1003.
(A) BEGINNING DECEMBER 1, 2007, AND EACH YEAR THEREAFTER, A PERSON
WHO THAT OWNS, LEASES, OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL
SUBMIT TO THE DEPARTMENT, THE DEPARTMENT OF NATURAL RESOURCES, AND
THE PUBLIC SERVICE COMMISSION, A REPORT THAT INCLUDES:
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- 136 -
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