1. A. An electric generating unit subject to this chapter shall comply with the emission limitations for NO_x, SO₂, and mercury as provided in this regulation.

2. B. NO_x Emission Limitations.

   1. (1) Except as provided in §E of this regulation, annual NO_x emissions from each affected electric generating unit may not exceed the number of tons in §B(2) of this regulation.

   2. (2) Annual Tonnage Limitations.

      Affected Unit	Annual NOx Tonnage Limitations Beginning
      	January 1, 2009	January 1, 2012
      Brandon Shores Unit 1	2,927 tons	2,414 tons
      Brandon Shores Unit 2	3,055 tons	2,519 tons
      C.P. Crane Unit 1	832 tons	686 tons
      C.P. Crane Unit 2	894 tons	737 tons
      Chalk Point Unit 1	1,415 tons	1,166 tons
      Chalk Point Unit 2	1,484 tons	1,223 tons
      Dickerson Unit 1	672 tons	554 tons
      Dickerson Unit 2	736 tons	607 tons
      Dickerson Unit 3	698 tons	575 tons
      H.A. Wagner Unit 2	673 tons	555 tons
      H.A. Wagner Unit 3	1,352 tons	1,115 tons
      Morgantown Unit 1	2,540 tons	2,094 tons
      Morgantown Unit 2	2,522 tons	2,079 tons
      R. Paul Smith Unit 3		55 tons, effective September 1, 2012
      R. Paul Smith Unit 4		288 tons, effective September 1, 2012
      Total	19,800 tons	16,667 tons

   3. (3) Except as provided in §E of this regulation, ozone season NO_x emissions from each affected electric generating unit may not exceed the number of tons in §B(4) of this regulation.

   4. (4) Ozone Season Tonnage Limitations.

      Affected Unit	Ozone Season NOx Tonnage Limitations Beginning May 1, 2009
      Brandon Shores Unit 1	1,363 tons
      Brandon Shores Unit 2	1,449 tons
      C.P. Crane Unit 1	345 tons
      C.P. Crane Unit 2	385 tons
      Chalk Point Unit 1	611 tons
      Chalk Point Unit 2	657 tons
      Dickerson Unit 1	311 tons
      Dickerson Unit 2	333 tons
      Dickerson Unit 3	314 tons
      H.A. Wagner Unit 2	278 tons
      H.A. Wagner Unit 3	583 tons
      Morgantown Unit 1	1,053 tons
      Morgantown Unit 2	1,048 tons
      Total	8,730 tons

   5. (5) Except as provided in §§B(7) and E of this regulation, if after reviewing 2009 ozone season measured ozone levels at air monitoring stations located in Maryland, the Department determines that ozone levels in Maryland exceed the levels required to meet the National Ambient Air Quality Standard for ozone, commencing on May 1, 2012, ozone season NO_x emissions from each affected electric generating unit may not exceed the number of tons in §B(6) of this regulation.

   6. (6) Ozone Season Tonnage Limitations.

      Affected Unit	Ozone Season NOx Tonnage Limitations Beginning May 1, 2012
      Brandon Shores Unit 1	1,124 tons
      Brandon Shores Unit 2	1,195 tons
      C.P. Crane Unit 1	284 tons
      C.P. Crane Unit 2	317 tons
      Chalk Point Unit 1	503 tons
      Chalk Point Unit 2	542 tons
      Dickerson Unit 1	257 tons
      Dickerson Unit 2	274 tons
      Dickerson Unit 3	259 tons
      H.A. Wagner Unit 2	229 tons
      H.A. Wagner Unit 3	481 tons
      Morgantown Unit 1	868 tons
      Morgantown Unit 2	864 tons
      R. Paul Smith Unit 3	22 tons, effective September 1, 2012
      R. Paul Smith Unit 4	118 tons, effective September 1, 2012
      Total	7,337 tons

   7. (7) Electric System Reliability During Ozone Seasons.

      1. (a) An exceedance of the NO_x limitations in §B(4) or (6) of this regulation which occurs because PJM Interconnection, LLC or a successor independent system operator, acts to invoke “Maximum Emergency Generation”, “Load Reduction”, “Voltage Reduction”, “Curtailment of Non-essential Building Load”, or “Manual Load Dump” procedures in accordance with the current PJM Manual, or a PJM alert preceding such action as to a generating unit that has temporarily shut down in order to avoid potential interruption in electric service and maintain electric system reliability is not a violation of this chapter provided that:

         1. (i) Within 36 hours following the action, the owner or operator of the affected electric generating unit or units notifies the Manager of the Air Quality Compliance Program of the action taken by PJM Interconnection and provides the Department with documentation of the action which is satisfactory to the Department;
         2. (ii) Within 48 hours after completion of the action, the owner or operator of the affected unit or units provides the Department with the estimated NO_x emissions in excess of the emission limitation; and
         3. (iii) Not later than December 31 of the year in which the emission limitation is exceeded, the owner or operator of the affected generating unit or units transfers to the Maryland Environmental Surrender Account, ozone season NO_x allowances equivalent in number to the tons of NO_x emitted in excess of the emission limitation in §B(4) or (6), as applicable.

      2. (b) The owner or operator of an electric generating unit or system, as applicable, shall send written notice to the Manager of the Air Quality Compliance Program not later than 5 business days following the day when the cumulative ozone season NO_x emissions of an electric generating unit or system, as applicable, are:

         1. (i) Equal to approximately 80 percent of the applicable ozone season emission limitation; and
         2. (ii) Equal to the applicable ozone season emission limitation.

3. C. SO₂ Emission Limitations.

   1. (1) Except as provided in §E of this regulation, annual SO₂ emissions from each affected electric generating unit may not exceed the number of tons in §C(2) of this regulation.

   2. (2) Annual Tonnage Limitations.

      Affected Unit	Annual SO2 Tonnage Limitations Beginning
      	January 1, 2010	January 1, 2013
      Brandon Shores Unit 1	7,041 tons	5,392 tons
      Brandon Shores Unit 2	7,347 tons	5,627 tons
      C.P. Crane Unit 1	2,000 tons	1,532 tons
      C.P. Crane Unit 2	2,149 tons	1,646 tons
      Chalk Point Unit 1	3,403 tons	2,606 tons
      Chalk Point Unit 2	3,568 tons	2,733 tons
      Dickerson Unit 1	1,616 tons	1,238 tons
      Dickerson Unit 2	1,770 tons	1,355 tons
      Dickerson Unit 3	1,678 tons	1,285 tons
      H.A. Wagner Unit 2	1,618 tons	1,239 tons
      H.A. Wagner Unit 3	3,252 tons	2,490 tons
      Morgantown Unit 1	6,108 tons	4,678 tons
      Morgantown Unit 2	6,066 tons	4,646 tons
      R. Paul Smith Unit 3		124 tons, effective September 1, 2012
      R. Paul Smith Unit 4		644 tons, effective September 1, 2012
      Total	47,616 tons	37,235 tons

4. D. Mercury Emission Limitations.

   1. (1) For the 12-month period from January 1, 2010 through December 31, 2010 and ending with the 12-month period beginning December 1, 2012 through November 30, 2013, each affected facility shall meet a 12-month rolling average removal efficiency for mercury of at least 80 percent.
   2. (2) For the 12 months beginning January 1, 2013 and thereafter, each affected facility shall meet a 12-month rolling average removal efficiency for mercury of at least 90 percent.
   3. (3) The mercury removal efficiency required in §D(1) and (2) of this regulation shall be determined in accordance with Regulation .04 of this chapter.

5. E. System-Wide Compliance Determinations.

   1. (1) Compliance with the emission limitations in §§B and C of this regulation may be achieved by demonstrating that the total number of tons emitted from all electric generating units in a system does not exceed the sum of the tonnage limitations for all electric generating units in that system.
   2. (2) A system-wide compliance determination shall be based only upon emissions from units in Maryland that are subject to the emission limitations in §§B and C of this regulation.
   3. (3) If a unit that is part of a system is transferred to a different person that does not own, operate, lease, or control an affected unit subject to this chapter, the transferred unit shall meet the limitations in §§B and C of this regulation applicable to that electric generating unit.

Authority: Environmental Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 2-1003, 10-102, 10-103, and 10-1002, Annotated Code of Maryland

Effective date:

Regulations .01—.06 adopted as an emergency provision effective January 18, 2007 (34:3 Md. R. 291); adopted permanently effective July 16, 2007 (34:14 Md. R. 1246)

Regulation .02C adopted as an emergency provision effective April 11, 2009 (36:10 Md. R. 715); adopted permanently effective September 7, 2009 (36:18 Md. R. 1382)

Regulation .02C repealed effective July 8, 2013 (40:13 Md. R. 1077)

Regulation .03 amended as an emergency provision effective April 11, 2009 (36:10 Md. R. 715); amended permanently effective September 7, 2009 (36:18 Md. R. 1382)

Regulation .03 amended effective July 8, 2013 (40:13 Md. R. 1077)