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ROBERT L. EHRLICH, JR., Governor Ch. 301
(D) ON OR AFTER JANUARY 1, 2010, A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL;
(1) ACHIEVE A MINIMUM 90% CAPTURE OF INLET MERCURY FOR EACH
AFFECTED FACILITY, CALCULATED AS A ROLLING 12-MONTH AVERAGE; AND
(2) 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 10 C.F.R. PART 75, SUBPART I.
(E) 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 AFFECTED 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 2004
CARBON DIOXIDE EMISSIONS OF THE AFFECTED FACILITIES AS FOLLOWS;
(I) THE DEPARTMENT SHALL GRANT UP TO 75% OF THE
ALLOWANCES TO THE OWNERS OF THE AFFECTED FACILITIES IN PROPORTION TO
THEIR 3004 EMISSIONS;
(II) THE DEPARTMENT SHALL AUCTION AT LEAST 25% OF THE
ALLOWANCES, WITH THE PROCEEDS DEPOSITED IN THE MARYLAND CARBON
REDUCTION FUND ESTABLISHED UNDER § 9-2009 OF THE STATE GOVERNMENT
ARTICLE;
(III) EFFECTIVE JANUARY 1, 2009, A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY MAY NOT EMIT MORE CARBON
DIOXIDE THAN THE TOTAL ALLOWANCES HELD BY THE PERSON;
(IV) EFFECTIVE JANUARY 1, 2015, THE NUMBER OF TONS OF
CARBON DIOXIDE REPRESENTED BY EACH ALLOWANCE SHALL BE REDUCED BY 2.5%
PER YEAR, SUCH THAT EACH ALLOWANCE IN 2018 WILL REPRESENT 10% LESS THAN
EACH ALLOWANCE IN 2014;
(V) FOR THE PURPOSES OF THIS SUBSECTION, CARBON DIOXIDE
EMISSIONS SHALL BE CALCULATED USING FUEL USE DATA AS REPORTED ON FORM
906, SUBMITTED TO THE U.S. ENERGY INFORMATION ADMINISTRATION; AND
(VI) UP TO 3.3% OF THE EMISSIONS OF CARBON DIOXIDE OF AN
AFFECTED FACILITY MAY BE OFFSET BY CREDITS OBTAINED FROM ANY SPONSOR OF
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