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Ch. 301 2006 LAWS OF MARYLAND
(C) ON OR AFTER JANUARY 1, 2012, AFFECTED FACILITIES COLLECTIVELY
MAY NOT EMIT MORE THAN 16,667 TONS OF OXIDES OF NITROGEN PER YEAR.
(D) ON OR AFTER JANUARY 1, 2013, AFFECTED FACILITIES COLLECTIVELY
MAY NOT EMIT MORE THAN 37,235 TONS OF SULFUR DIOXIDE PER YEAR
(E) (1) THE DEPARTMENT SHALL SET EMISSIONS BUDGETS FOR EACH
AFFECTED FACILITY TO IMPLEMENT THE EMISSIONS LIMITATIONS IN SUBSECTIONS
(A) (B), (C), AND (D) OF THIS SECTION.
(2) (I) THIS PARAGRAPH APPLIES TO AN AFFECTED FACILITY THAT IS
OWNED, LEASED, OPERATED, OR CONTROLLED BY A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS MORE THAN ONE AFFECTED FACILITY
(II) AN AFFECTED FACILITY MAY EMIT MORE THAN THE EMISSIONS
BUDGET SET FOR THE FACILITY UNDER PARAGRAPH (1) OF THIS SUBSECTION AS
LONG AS THE PERSON OWNING, LEASING, OPERATING, OR CONTROLLING THE
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.
(F) (1) ON OR AFTER JANUARY 1, 2010, A PERSON THAT OWNS, LEASES,
OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL ACHIEVE A MINIMUM 80%
CAPTURE OF MERCURY FOR EACH AFFECTED FACILITY. CALCULATED AS A ROLLING
12-MONTH AVERAGE.
(2) ON OR AFTER JANUARY 1, 2013, A PERSON THAT OWNS. LEASES.
OPERATES, OR CONTROLS AN AFFECTED FACILITY SHALL ACHIEVE A MINIMUM 90%
CAPTURE OF MERCURY FOR EACH AFFECTED FACILITY, CALCULATED AS A ROLLING
12-MONTH AVERAGE.
(3) A PERSON THAT OWNS, LEASES, OPERATES, OR CONTROLS AN
AFFECTED FACILITY SHALL DEMONSTRATE COMPLIANCE WITH 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.
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