§ 2-1002. Limit on emissions
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2019
Effective: July 1, 2019
MD Code, Environment, § 2-1002
§ 2-1002. Limit on emissions
(a) On or after January 1, 2009, affected facilities collectively may not emit more than 20,216 tons of oxides of nitrogen per year.
(b)(1) On or after January 1, 2010, affected facilities collectively may not emit more than 48,618 tons of sulfur dioxide per year.
(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.
(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.
(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.
(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, Subpart UUUUU.1
(g)(1) In this subsection, “allowance” means one ton of carbon dioxide that may be bought, sold, traded, or banked for use under the Regional Greenhouse Gas Initiative.
(h) The provisions of this section may not be construed to affect existing or future emissions requirements, standards, or limitations imposed on electricity generators by any other existing or future provision of law that would result in emissions reductions in addition to those required under this section.
(i)(1) A person that owns, leases, operates, or controls an affected facility that is subject to the requirements of this section may determine how best to achieve the collective emissions requirements under subsections (a), (b), (c), and (d) of this section.
(2)(i) If a person that owns, leases, operates, or controls an affected facility can demonstrate, with clear and convincing evidence, that the pollution control equipment that is necessary to achieve compliance with the requirements of this section is unattainable, due to a lack of available supply, the Department may reduce or waive any penalty due to the failure to attain compliance until the pollution control equipment becomes attainable.
(ii) If a person that owns, leases, operates, or controls an affected facility can demonstrate, with clear and convincing evidence, that the pollution control equipment that is necessary to achieve compliance with the requirements of this section has significantly increased in cost due to the limited amount of supply and, as a result, may significantly increase electric rates, the Department may reduce or waive any penalty due to the failure to attain compliance until the supply of pollution control equipment becomes available so as to reasonably lower the cost of the pollution control equipment.
(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.
Credits
Added by Acts 2006, c. 23, § 1, eff. July 1, 2006; Acts 2006, c. 301, § 1, eff. July 1, 2006. Amended by Acts 2008, c. 127, § 1, eff. June 1, 2008; Acts 2008, c. 128, § 1, eff. June 1, 2008; Acts 2013, c. 389, § 1, eff. July 1, 2013; Acts 2014, c. 45, § 1, eff. April 8, 2014; Acts 2018, c. 8, § 1, eff. Oct. 1, 2018; Acts 2018, c. 768, § 1, eff. Oct. 1, 2018; Acts 2019, c. 8, § 5.
Footnotes
So in original. Probably should be “Subpart UUUU”.
MD Code, Environment, § 2-1002, MD ENVIR § 2-1002
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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