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ROBERT L. EHRLICH, JR., Governor
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Ch. 23
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(1) EMISSIONS PERFORMANCE RESULTS RELATED TO COMPLIANCE
WITH THE EMISSIONS REQUIREMENTS UNDER § 2-1002 OF THIS SUBTITLE;
(2) THE NUMBER OF POUNDS OF OXIDES OF NITROGEN, SULFUR
DIOXIDE, MERCURY, AND CARBON DIOXIDE EMITTED DURING THE PREVIOUS
CALENDAR YEAR FROM THE AFFECTED FACILITY;
(3) A CURRENT COMPLIANCE PLAN; AND
(4) ANY OTHER INFORMATION REQUESTED BY THE DEPARTMENT.
(B) THE DEPARTMENT SHALL REVIEW THE INFORMATION SUBMITTED UNDER
THIS SECTION TO DETERMINE WHETHER THE ACTUAL AND PROPOSED
MODIFICATIONS AND PERMIT AND CONSTRUCTION SCHEDULES ARE ADEQUATE TO
ACHIEVE THE EMISSIONS REQUIREMENTS UNDER THIS SUBTITLE AND SHALL MAKE
THESE DETERMINATIONS PUBLICLY AVAILABLE ON AN ANNUAL BASIS.
(C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW AND SUBJECT
TO PARAGRAPH (2) OF THIS SUBSECTION, THE DEPARTMENT SHALL ALLOW THE R.P
SMITH FACILITY, UNITS 3 AND 4, TO OPERATE WITHOUT COMPLYING WITH THE
EMISSIONS REQUIREMENTS UNDER THIS SUBTITLE IF PJM INTERCONNECTION, INC.
DETERMINES THAT THE TERMINATION OF OPERATION OF THE FACILITY WILL
ADVERSELY AFFECT THE RELIABILITY OF ELECTRICAL SERVICE IN THE PJM
REGION.
(2) IF THE DEPARTMENT ALLOWS THE R.P. SMITH FACILITY, UNITS 3
AND 4, TO OPERATE WITHOUT COMPLYING WITH THE EMISSIONS REQUIREMENTS
UNDER THIS SUBTITLE IN ACCORDANCE WITH THIS SUBSECTION:
(I) THE FACILITY MAY NOT OPERATE AT EMISSIONS LEVELS
GREATER THAN THE HIGHEST LEVEL MEASURED AT THE FACILITY DURING THE
CALENDAR YEARS 2000 THROUGH 2004; AND
(II) THE DEPARTMENT SHALL REVIEW THE OPERATIONS OF THE
FACILITY AND ADOPT REGULATIONS TO ESTABLISH AN ALTERNATIVE EMISSIONS
REQUIREMENT FOR THE FACILITY.
2-1004.
BY JUNE 30, 2007, THE DEPARTMENT SHALL ADOPT REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBTITLE.
2-1005.
(A) THE CRIMINAL PENALTY PROVISIONS OF THIS SECTION ARE IN ADDITION
TO THE CIVIL PENALTY PROVISIONS PROVIDED UNDER § 2 610 OF THIS TITLE.
(B) (1) A PERSON MAY NOT KNOWINGLY ACT OR FAIL TO ACT IN VIOLATION
OF THE PROVISIONS OF THIS SUBTITLE OR THE REGULATIONS ADOPTED UNDER
THIS SUBTITLE.
(2) A PERSON WHO VIOLATES PARAGRAPH (1) OF THIS SUBSECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO:
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