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Ch. 301 2006 LAWS OF MARYLAND
COMPLIANCE UNTIL THE SUPPLY OF POLLUTION CONTROL EQUIPMENT BECOMES
AVAILABLE SO AS TO REASONABLY LOWER THE COST OF THE POLLUTION CONTROL
EQUIPMENT.
(III) IN DETERMINING WHETHER TO REDUCE OR WAIVE ANY
PENALTY UNDER THIS PARAGRAPH. THE DEPARTMENT SHALL CONSULT WITH THE
PUBLIC SERVICE COMMISSION AS TO THE AVAILABILITY AND COST OF THE
POLLUTION CONTROL EQUIPMENT.
(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.
(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 PROVIDED IN THIS
SUBSECTION.
(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
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;
(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
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