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<regulation prefix="Regulation" num=".04" citation="COMAR 26.11.27.04" title_num="26" subtitle_num="11" chapter_num="27" heading="Determining the Mercury Removal Efficiency for Affected Facilities.">
  <paragraph num="A.">
    <text>The procedures of §§B—F of this regulation shall be used to demonstrate compliance with the 12-month rolling average removal efficiency required for mercury by Regulation .03D of this chapter. The owner or operator of an affected facility shall notify the Department of the compliance demonstration method it has elected from §§D—F of this regulation on or before January 1, 2010, for the compliance period that commences on that date and on or before January 1, 2013, for the compliance period that commences on that date. The owner or operator of an electric generating unit that elects to demonstrate compliance with the required mercury removal efficiency by meeting the mass emissions limitation in §F of this regulation shall utilize that same method for all other electric generating units in the system. Once elected for each affected facility or system, as applicable, the option may not be changed during the designated compliance period, but may be changed for the next compliance period.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Determining Mercury Content in Coal and Mercury Flue Gas Emission Rates for Each Affected Electric Generating Unit.</text>
    <paragraph num="(1)">
      <text>The owner or operator of an electric generating unit subject to this regulation shall, at least once each quarter during a consecutive 18-month period beginning not later than July 1, 2007:</text>
      <paragraph num="(a)">
        <text>Determine the mercury content of the coal utilized by each affected unit using a test method approved by the Department; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conduct a combustion gas test to determine the mercury emission rate in the flue gas upstream of any pollution control measure, including fuel mercury beneficiation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Combustion gas testing and collection of coal samples to determine the mercury content in coal shall be performed on the same day or days.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The mercury emission rate in the flue gas shall be reported as ounces of mercury per trillion Btu heat input.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Combustion gas testing shall be performed using a test protocol approved by the Department. The test protocol shall be submitted to the Department at least 45 days prior to commencement of testing.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The owner or operator of an affected electric generating unit shall submit to the Department:</text>
      <paragraph num="(a)">
        <text>The results of tests to determine the mercury content of coal and mercury emission rate in the flue gas upon receipt; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A demonstration that the combustion gas tests were performed utilizing a coal with a mercury content within the same or lower range as the mercury content of the coal utilized by the electric generating unit during the previous 10 years.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Determining the Uncontrolled Mercury Flue Gas Baseline for an Affected Facility.</text>
    <paragraph num="(1)">
      <text>The uncontrolled mercury emission rate in the flue gas of each electric generating unit subject to this chapter shall be determined as the arithmetic average of the quarterly combustion gas tests required by §B of this regulation expressed as ounces per trillion Btu heat input.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The uncontrolled mercury baseline emission rate for an affected facility shall be determined as the heat input weighted average of the emission rates for the coal-fired electric generating units at the affected facility determined in accordance with §C(1) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The uncontrolled mercury baseline emission rate in §C(1) and (2) of this regulation shall be measured upstream of all pollution control measures, including fuel mercury beneficiation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Demonstrating Compliance By Measuring Mercury Removal Efficiency. Compliance with the required mercury removal efficiency is demonstrated at an affected facility when the heat input weighted average of the mercury emission rate of all coal-fired electric generating units at the affected facility, calculated as a 12-month rolling average, is:</text>
    <paragraph num="(1)">
      <text>For the 12-month period commencing on January 1, 2010, not more than 20 percent of the uncontrolled mercury emission rate established pursuant to §C of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For the 12-month period commencing January 1, 2013 and thereafter, not more than 10 percent of the uncontrolled mercury emission rate established pursuant to §C of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Demonstrating Compliance by Meeting a Mercury Emission Rate.</text>
    <paragraph num="(1)">
      <text>Compliance with the required mercury removal efficiency is achieved for an affected facility when the heat input weighted average of the mercury emission rates of all coal-fired electric generating units at the affected facility, measured as a 12-month rolling average, does not exceed the applicable emission rate in §E(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Emission Rates.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Demonstrating Compliance by Meeting a Mercury Mass Emission Cap.</text>
    <paragraph num="(1)">
      <text>Compliance with the required mercury removal efficiency is demonstrated at an affected facility when the mass emissions, measured in pounds for a 12-month rolling period, do not exceed the applicable emission limits in §F(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Mercury Emission Limits.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>In the event that an electric generating unit at an affected facility subject to this chapter permanently ceases operation, the mass emission limitation in §F(2) of this regulation which is applicable to that affected facility shall be reduced proportionally based on the relative capacity, in megawatts, of all the electric generating units at the affected facility which are subject to this regulation.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>In the event that an entire affected facility within a system permanently ceases operation, the total mass emission limitation in §F(2) of this regulation shall be reduced by the mass emission limitation applicable to the affected facility.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Except during periods of startup, shutdown, malfunction, or maintenance, the owner or operator of an electric generating unit shall ensure that mercury control measures are continuously employed on each unit and properly adjusted for optimal control taking into consideration the operating conditions.</text>
    </paragraph>
  </paragraph>
</regulation>