reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.03 - Reports - Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  owner or operator, or both, of any sanitary sewer system, combined sewer
				  system, or wastewater treatment plant shall report to the Department and local
				  health department any overflow that results in the direct or potential
				  discharge of raw, partially treated, or diluted sewage into waters of the
				  State.
B. The owner of a separate
				  sanitary sewer system, pumping station, or grease trap that is connected to a
				  public sewer system is responsible for providing reports required by this
				  chapter.
C. Reports required by
				  this chapter shall be made by telephone as soon as practicable to the telephone
				  number or numbers designated by the Department, but not later than 24 hours
				  after the time that the owner or operator becomes aware of the event.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.04 - Telephone Reports

Current through Register Vol. 51, No. 14, July 12, 2024
Telephone reports shall include:
A. The location of the overflow, including
				  latitude and longitude if reasonably available, Maryland Grid Coordinates or
				  nearest street and intersection, city or town, and county;
B. The name of the owner and operator of the
				  sanitary sewer system or treatment plant;
C. The name of the receiving water, if
				  applicable, and if known, whether the receiving water is designated as
				  shellfish waters or for a public drinking water supply;
D. The volume discharged based on actual
				  measurement or as an estimate using best professional judgment;
E. A description of the combined sewer
				  system, separate sanitary sewer system or treatment plant component from which
				  the overflow was released, such as manhole, crack in pipe, pumping station wet
				  well or constructed overflow pipe;
F. Whether the overflow is from a combined
				  sewer system, a separate sanitary sewer system, or a treatment plant
				  bypass;
G. A detailed description
				  of visual observations and preliminary assessment of the overflow's actual or
				  potential impact upon waters of the State;
H. The cause or suspected cause of the
				  overflow;
I. The date and time when
				  the overflow began and stopped or, if not stopped, the date and time the
				  overflow is expected to be stopped;
J. The steps taken or planned to reduce,
				  eliminate, and prevent recurrence of the overflow and a time schedule for
				  completion of the steps;
K.
				  Measures taken or planned to mitigate the adverse impact of the overflow and a
				  time schedule for implementation of the measures; and
L. Whether the public has been notified, who
				  performed the notification, the media used, and the content of the
				  message.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.05 - Written Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 5
				  calendar days after the telephone notification of the event, the owner or
				  operator shall provide the Department and local health department with a
				  written report that includes, at a minimum, the information in Regulation .04
				  of this chapter unless the Department waives the requirement for submission of
				  a written report due to the small volume of the overflow. The written report
				  shall be directed to the mailing address specified by the Department.
B. The owner or operator of the sanitary
				  sewer system, combined sewer system, or wastewater treatment plant or a duly
				  authorized representative shall sign any written report. A person is a duly
				  authorized representative only if the owner or operator has signed and
				  submitted a written authorization to the Department specifying that the person
				  or the person holding a specified position is authorized to sign sewage
				  overflow reports. The written authorization shall be directed to the mailing
				  address specified by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.06 - Records, Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
The owner or operator shall, for at least 5 years from the
					 date of the overflow or backup:
A.
				  Maintain copies of all overflow records and reports, including:
(1) Any backups of sewage into houses or
				  businesses;
(2) Work orders
				  associated with investigation of overflows;
(3) A list and description of complaints from
				  customers or others related to overflows; and
(4) Documentation of performance and
				  implementation measures to address overflows; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.07 - Reports to the Public

Current through Register Vol. 51, No. 14, July 12, 2024
The owner or operator shall coordinate with the local
					 health officer or environmental health director regarding the content of
					 reports to the public about overflows in accordance with the procedures
					 developed by the Department, in cooperation with the Department of Health and
					 Mental Hygiene, local health departments, and local environmental health
					 directors.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.08 - Public Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  advised by the Department of Health and Mental Hygiene, local health
				  department, or environmental health director on a case by case basis that
				  public notification is not necessary, the owner or operator shall notify the
				  public as soon as practicable, but not later than 24 hours after the time that
				  the owner or operator becomes aware of the event, about:
(1) Any overflow that enters:
(a) Shellfish harvesting waters;
(b) Waters protected as drinking water
				  sources;
(c) Waters used as public
				  bathing beaches where people may swim; or
(d) Waters used for public recreation where
				  people may boat, fish, or swim; and
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.09 - Personal Notification of Schools and Other Establishments

Current through Register Vol. 51, No. 14, July 12, 2024
If there are schools, day care centers, hospitals, or
					 similar establishments or locations with potentially sensitive populations that
					 may be subject to exposure in the immediate area of the overflow, the owner or
					 operator of the system or plant or a representative shall personally notify
					 each establishment of the overflow as soon as possible.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.10 - Departmental Responsibilities and Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department of Health and Mental
				  Hygiene, the local health officer, or the local environmental health director
				  shall make all decisions and determinations as to public health issues
				  resulting from an overflow.
B. The
				  Department of Health and Mental Hygiene, the local health officer, or the local
				  environmental health director may require that reports to the public concerning
				  an overflow include specific information regarding public health.
C. Signs posted following an overflow may be
				  removed only as directed by the Department of Health and Mental Hygiene, the
				  local health department, or the local environmental health director.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.10 - Overflows or Bypasses › Section 26.08.10.11 - Owner or Operator Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The owner or operator shall make any local
				  policies or procedures related to the requirements of this chapter available to
				  the public upon request.
B. The
				  owner or operator shall perform sampling of State surface waters that have
				  received an overflow as directed and under the guidance of the Department of
				  Health and Mental Hygiene, the local health department, or the local
				  environmental health director. The owner or operator shall have samples tested
				  for fecal coliform, Escherichia coli (E. coli), Enterococci, or any other
				  specific organism as directed by the Department of Health and Mental Hygiene,
				  the local health department, or the local environmental health
				  director.
C. The owner or operator
				  shall provide data collected after an overflow or bypass event and information
				  about any permanent postings or health advisories to the Department within 14
				  days of the event. Reports of bacterial analysis shall include the dates the
				  samples were taken, the latitude and longitude of the sampling location or
				  Maryland Grid Coordinates if the latitude and longitude are not known,
				  quantitative results, the name and address of the laboratory that performed the
				  analysis, and any additional data that the Department may require. If a
				  permanent posting or health advisory results from the monitoring, information
				  shall be provided to the Department regarding the name and location of the
				  receiving waters and the latitude and longitudes or Maryland Grid Coordinates
				  of the upstream and downstream boundaries of the area to which the advisory
				  applies, and a contact name.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of
				  this chapter is to establish a Water Quality Trading Program between the
				  agricultural, stormwater, wastewater, and on-site sewage disposal sectors that
				  attracts public and private participation and enhances Maryland's effort to
				  protect and restore not only the water resources of the Chesapeake Bay and its
				  tributaries, but also local waters. Trading may supplement the more traditional
				  governmental approaches for improving water quality and has the potential to
				  achieve results faster and at a lower cost, accelerating efforts to restore and
				  improve water quality. The Program expands opportunities for point sources and
				  nonpoint sources by creating a water quality marketplace that allows them to
				  meet and maintain pollutant load limits through the acquisition of credits
				  generated by pollutant load reductions elsewhere in Maryland's portion of the
				  Chesapeake Bay watershed as long as the trade does not cause or contribute to a
				  violation of State water quality standards.
B. General Structure of Program.
(1) The Program is voluntary and relies on a
				  market-based approach to offer economic incentives for pollutant reductions
				  from point and nonpoint sources.
(2) The State provides the infrastructure to
				  support trading through an online suite of tools that includes:
(a) The Maryland Nutrient Tracking Tool used
				  by agricultural credit generators;
(b) The central Registry; and
(c) The optional Marketplace.
(3) The price of each credit is
				  negotiated between the credit seller and the credit buyer.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes Maryland's Water Quality Trading
					 Program and sets forth the criteria under which the Program will operate,
					 including:
A. Purpose;
B. Definitions;
C. Program framework;
D. Baseline requirements;
E. Calculation of credits;
F. Procedure for certification;
G. Trading requirements;
H. Usage of credits by point
				  sources;
I. Registration of
				  trades;
J. Verification and
				  reporting requirements;
K. Public
				  participation;
L. Enforcement;
				  and
M. Appeal process.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.04 - Maryland Water Quality Trading Program Framework

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pollutants Eligible for Trading. Nitrogen,
				  phosphorus, and sediment are the only pollutants eligible for credit trading
				  and may be traded independently or in any combination.
B. Maryland Trading Regions.
(1) Any trade shall occur within the same
				  trading region.
(2) The Department
				  has established the following trading regions:
(a) Potomac River Basin;
(b) Patuxent River Basin; and
(c) Eastern Shore and Western Shore River
				  Basins, including the Maryland portion of the Susquehanna Basin.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.05 - Baseline Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  General Policies.
(1) All baselines shall be
				  consistent with the 2010 Chesapeake Bay TMDI, as may be amended from time to
				  time, or, if more restrictive, a local TMDL.
(2) In the event of an amendment to the
				  Chesapeake Bay TMDI, the:
(a) Baseline
				  established in a permit remains in effect until a new permit or a permit
				  modification is issued by the Department; and
(b) Credits calculated with a baseline
				  established under the previous Chesapeake Bay TMDI and approved by the
				  Department prior to the effective date of the amendment shall remain available
				  for sale until the certification period ends for that credit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.06 - Calculation of Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Wastewater Point Sources. Credits generated by a wastewater point source shall
				  be based on that wastewater point source's performance as follows:
(1) Credits shall be calculated and reported
				  under the terms of the required wastewater discharge permit at the end of each
				  calendar year as the load remaining after subtracting actual annual effluent
				  nutrient load from the performance-based benchmark load; and
(2) The annual effluent nutrient load shall
				  be calculated using the end of the calendar year annual cumulative flow for the
				  facility, multiplied by the actual effluent nitrogen, phosphorus, or sediment
				  concentration converted to units of pounds per year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.07 - Procedure for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Credits are not valid or tradable until placed on the Registry after
				  certification as follows:
(1) Agricultural
				  credits are certified by the Maryland Department of Agriculture in accordance
				  with COMAR 15.20.12;
(2) Wastewater
				  point source credits are certified by the Department through issuance of an
				  NPDES or State discharge permit, or permit modification; and
(3) All other credits are certified by the
				  Department according to §B of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.08 - Trading Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Credit trades may occur with or without the participation of an aggregator or
				  broker.
B. In the event of a
				  default in a trade contract, expiration of a credit, or suspension or
				  revocation of a credit, the buyer using the credit remains responsible for
				  complying with any NPDES and State discharge permit or other regulatory
				  requirement that the credit was intended to satisfy.
C. Ratios Applicable to All Trades.
(1) Uncertainty Ratio.
(a) An uncertainty ratio of 1:1 shall be
				  applied to trades involving credits generated by nonpoint sources and acquired
				  by stormwater point sources or other nonregulated sources.
(b) An uncertainty ratio of 1:1 shall be
				  applied to trades involving implementation of BMPs for land conservation that
				  includes protection through an irrevocable conservation easement or other
				  instrument attached to the property deed and recorded with the local circuit
				  court.
(c) An uncertainty ratio of
				  2:1 shall be applied to trades involving credits generated by nonpoint sources
				  and acquired by wastewater point sources, unless the generator, seller, or
				  buyer of the credit is able to demonstrate to the Department that a lower ratio
				  is justified and protective of water quality standards.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.09 - Usage of Credits by Point Sources

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to use traded credits to fulfill
				  permit requirements, a credit buyer shall select credits that meet the
				  limitations in this chapter, including limitations relating to credit lifespan,
				  trading, trading regions, and local water quality standards and
				  requirements.
B. The use of a
				  credit shall be consistent with the credit's certification.
C. The Department shall prorate the amount of
				  certified credits generated from any BMP for use in the year the credits are
				  certified, while the total amount of certified credits generated from any BMP
				  are not valid for use until the following year starting January 1.
D. Credits may not be used for the purpose of
				  complying with technology-based effluent limitations.
E. The use of certified credits by a point
				  source shall be subject to the terms and conditions of the permit to which the
				  certified credits apply.
F. Permits
				  may contain conditions on the use of certified credits, including:
(1) The extent to which the requirement of
				  the permit may be satisfied with certified credits; and
(2) When, and from what source, certified
				  credits may be acquired by the permittee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.10 - Registration of Trades

Current through Register Vol. 51, No. 14, July 12, 2024
A. A credit
				  buyer shall notify the Department about each trade by filing a form provided by
				  the Department within 15 days after the trade.
B. Within 15 days after receipt of the
				  notification form required by §A of this regulation, the Department shall
				  update the Registry, including the registration number for the credit, its
				  location, duration, and the intended use of the credit.
C. The Department shall update the Registry
				  within 30 days after receiving notice from the credit buyer of a change in the
				  intended use of the credit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.11 - Verification and Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In its certification of a credit, the
				  Department shall state the frequency at which the credits shall be verified,
				  which shall be in accordance with local, State, and federal law and permit
				  requirements, but shall be no less frequently than every three years.
B. Verification Requirements.
(1) Verification of credits generated by a
				  wastewater point source shall include a report submitted to the Department
				  annually for approval which includes certified discharge monitoring reports,
				  appropriate annual reports, inspections, and any other reporting terms
				  specified within the wastewater point source permit or required by the
				  Department.
(2) Verification of
				  credits generated by any other source shall be performed by a:
(a) State or county inspector;
(b) Professional engineer registered in
				  Maryland; or
(c)
				  Department-approved verifier
(3) Before performing any verification under
				  §B(2) of this regulation, the inspector, engineer, or verifier shall
				  demonstrate to the Department that the inspector, engineer, or verifier:
(a) Has the appropriate education, expertise,
				  and training to perform the verification;
(b) Does not hold an interest in the
				  operation or entity generating the credit; and
(c) Was not involved in the original
				  application or qualification of the credits.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.12 - Public Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall provide notice, and an opportunity for comment and a hearing,
				  if requested, for NPDES and State discharge permits that propose to allow
				  trading under this chapter in accordance with the federal Clean Water Act and
				  Environment Article, Annotated Code of Maryland, for new permits or
				  modification of existing permits, as applicable.
B. The Department shall report all credit
				  trades by a stormwater point source permittee annually, and make the report
				  available to the public on the Registry.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.13 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a BMP is not
				  performing in conformance with its certification the Department may order:
(1) Repairs or other remedies to address or
				  eliminate any deficiencies, within a time period determined by the
				  Department;
(2) Additional
				  inspections; and
(3) Written
				  substantiations that corrective measures have been taken.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 08 - WATER POLLUTION › Chapter 26.08.11 - Maryland Water Quality Trading Program › Section 26.08.11.14 - Appeal Process

Current through Register Vol. 51, No. 14, July 12, 2024
Any person aggrieved by the suspension or revocation of a
					 credit taken in accordance with this chapter shall have the right to review in
					 accordance with the provisions of the Administrative Procedure Act, State
					 Government Article, Title 10, Subtitle 2, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.01 - General Administrative Provisions › Section 26.09.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to define the terms used in
					 this subtitle, to identify the documents that are incorporated by reference in
					 this subtitle, and identify the selection process and responsibilities of
					 CO2 authorized account representatives and alternate
					 CO2 authorized account representatives that perform
					 various functions on behalf of the owners or operators of
					 CO2 budget sources or units. The definitions and
					 documents incorporated by reference relate to requirements and procedures that
					 apply to affected CO2 budget sources and units to reduce
					 emissions of carbon dioxide (CO2) and other greenhouse
					 gases into the air.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.01 - General Administrative Provisions › Section 26.09.01.03 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 10 CFR Part 430, as amended.
(2) 40 CFR Part 60, Subpart Cc and Subpart
				  WWW, as amended.
(3)
											40 CFR §
												72.2, as amended.
(4) 40 CFR Part 75, including Appendices B,
				  D, E, F, and G and Section 2.1 of Appendix A, as amended.
(5) American Society of Agricultural and
				  Biological Engineers, ASABE D384.2, Manure Production and Characteristics,
				  March 2005.
(6) Antares Group,
				  Inc., for New York State Energy Research and Development Authority, New York
				  State Renewable Portfolio Standard, Biomass Guidebook, Appendix B, May
				  2006.
(7) Intergovernmental Panel on Climate Change, Fifth Assessment
				  Report, Climate Change 2013: The Physical Science Basis, Chapter 8
				  "Anthropogenic and Natural Radiative Forcing", Section 8.7 "Emission Metrics"
				  (pages 710-720).
(8)
				  Intergovernmental Panel on Climate Change, Fifth Assessment Report, Climate
				  Change 2013: The Physical Science Basis, Chapter 8 "Anthropogenic and Natural
				  Radiative Forcing", Section 8.7 "Emission Metrics" (pages 710-720).
(9)
				  U.S. Environmental Protection Agency (EPA), Inventory of U.S. Greenhouse Gas
				  Emissions and Sinks, 1990-2010, EPA (430-R-12-001), Annex 3, Table A-180, April
				  15, 2012.
(10) U.S. Environmental
				  Protection Agency (EPA), Methods for the Chemical Analysis of Water and Wastes
				  (MCAWW) (EPA/600/4-79/020), Method Number 160.4, "Volatile Residue by Muffle
				  Furnace," 1971.
(11) U.S.
				  Geological Survey (USGS), Marvin J. Fishman and Linda C. Friedman, editors,
				  Methods for the Determination of Inorganic Substances in Water and Fluvial
				  Sediments, Techniques of Water-Resources Investigations of the United States
				  Geological Survey, Book 5, Chapter A1, Method Number I-3750, "Solids, residue
				  on evaporation at 105 degrees C, total, gravimetric," 1985.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.01 - General Administrative Provisions › Section 26.09.01.04 - Selection and Responsibilities of CO[2] Budget Source Compliance Account Authorized Account Representatives

Current through Register Vol. 51, No. 14, July 12, 2024
A. By January 1, 2009, the Department shall
				  establish a single compliance account for each CO2
				  budget source.
B. Each
				  CO2 budget source shall have a
				  CO2 authorized account representative and an alternate
				  CO2 authorized account representative.
C. The CO2 authorized
				  account representative and alternate CO2 authorized
				  account representative of the CO2 budget source shall be
				  selected by an agreement binding on the owners and operators of the source and
				  all CO2 budget units at the source and must act in
				  accordance with the certificate of representation under §J of this regulation.
D. The agreement by which the
				  alternate CO2 authorized account representative is
				  selected shall include a procedure for authorizing the alternate
				  CO2 authorized account representative to act instead of
				  the CO2 authorized account representative.
E. Upon receipt of a complete account
				  certificate of representation:
(1) The
				  CO2 authorized account representative and alternate
				  CO2 authorized account representative shall represent
				  and, by representations, actions, inactions, or submissions, legally bind each
				  owner or operator of the CO2 budget source represented
				  and each CO2 budget unit at the source in all matters
				  pertaining to this subtitle, notwithstanding any agreement between the
				  CO2 authorized account representative, alternate
				  CO2 authorized account representative, and the owners or
				  operators; and
(2) The owners or
				  operators shall be bound by any decision or order issued to the
				  CO2 authorized account representative or alternate
				  CO2 authorized account representative by the Department
				  or a court regarding the CO2 budget source or
				  unit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.01 - General Administrative Provisions › Section 26.09.01.05 - Selection and Responsibilities of General Account Authorized Account Representatives

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				  request, the Department shall establish a general account for any person that
				  designates a CO2 authorized account representative and
				  an alternate CO2 authorized account
				  representative.
B. The agreement by
				  which the alternate CO2 authorized account
				  representative is selected shall include a procedure for authorizing the
				  alternate CO2 authorized account representative to act
				  instead of the CO2 authorized account
				  representative.
C. A complete
				  application for a general account submitted to the Department shall include the
				  following:
(1) Name, address, email address,
				  telephone number, and facsimile transmission number of the
				  CO2 authorized account representative and the alternate
				  CO2 authorized account representative;
(2) Organization name and type of
				  organization;
(3) A list of all
				  persons subject to a binding agreement for the CO2
				  authorized account representative or the alternate CO2
				  authorized account representative to represent their ownership interest with
				  respect to the CO2 allowances held in the general
				  account;
(4) The following
				  certification statement by the CO2 authorized account
				  representative and the alternate CO2 authorized account
				  representative: "I certify that I was selected as the
				  CO2 authorized account representative or the
				  CO2 alternate authorized account representative, as
				  applicable, by an agreement that is binding on all persons who have an
				  ownership interest with respect to CO2 allowances held
				  in the general account. I certify that I have all the necessary authority to
				  carry out my duties and responsibilities under the CO2
				  Budget Trading Program on behalf of these persons and that each person shall be
				  fully bound by my representations, actions, inactions, or submissions and by
				  any order or decision issued to me by the Department or a court regarding the
				  general account."; and
(5) The
				  signature of the CO2 authorized account representative
				  and the alternate CO2 authorized account representative
				  and the dates signed.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.01 - General Administrative Provisions › Section 26.09.01.06 - CO2 Allowance Transfers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  CO2 Allowance Transfers. To transfer a
				  CO2 allowance, the CO2 authorized
				  account representative or alternate CO2 authorized
				  account representative shall submit the following information to the
				  Department:
(1) The account numbers of both
				  the transferor and the transferee;
(2) The serial numbers of each
				  CO2 allowance to be transferred;
(3) The printed name and signature of the
				  CO2 authorized account representative of the transferor
				  account and the date signed;
(4)
				  The date when the last sale or purchase transaction was completed for each
				  allowance, if any; and
(5) The
				  purchase or sale price of the allowances that are to be sold or
				  purchased.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish emissions
					 limitations and procedures that apply to CO2 budget
					 sources and units for the use of CO2 allowances. In this
					 chapter, compliance with emission limitations is achieved through a process
					 that involves the transfer of allowances from and into
					 CO2 budget source accounts.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.02 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements
				  of this chapter apply to the owner or operator of a CO2
				  budget unit. When this chapter establishes a requirement such as the submittal
				  of a permit application, a report, a request for allowances or transfer of
				  allowances, or general information, these actions shall be achieved through the
				  CO2 authorized account representative on behalf of the
				  owner or operator of the affected CO2 budget source or
				  unit.
B. When this chapter states
				  that an action is to be achieved by the authorized account representative of a
				  CO2 budget unit or source, the action may be achieved by
				  the alternate authorized account representative, or the delegated
				  representative, on behalf of the owner or operator of the
				  CO2 budget unit or source.
C. The requirements of this subtitle are
				  effective on January 1, 2009 or, for new CO2 budget
				  units, on the day on which the unit commences operation.
D. The provisions of this subtitle do not
				  exempt or otherwise relieve the owners or operators of a
				  CO2 budget source from achieving compliance with any
				  other provision of applicable State and federal laws and regulations.
E. By September 1, 2010, the Department shall
				  evaluate implementation of this subtitle and shall pursue revision of the
				  regulations in the subtitle as appropriate. The Department shall evaluate
				  elements of this subtitle such as the allocation of allowances for auction and
				  for purchase by CO2 budget units as well as review the
				  performance of the regional program, including the auction. If the subtitle has
				  not been implemented in full by January 1, 2009, the Department may delay
				  review until the year following full implementation.
F. Unless otherwise stated under this
				  subtitle, any time period scheduled to begin:
(1) On the occurrence of an act or event,
				  begins on the day the act or event occurs; and
(2) Before the occurrence of an act or event,
				  is computed so that the period ends the day before the act or event
				  occurs.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.03 - Distribution of CO[2] Allowances and Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland CO2
				  Budget Trading Program consists of allowances to cover
				  CO2 emissions for the following:
(1) 18,671,045 tons for 2018;
(2) 17,931,922 tons for 2019;
(3) 17,483,623 tons for 2020;
(4) 16,790,271 tons for 2021;
(5) 16,281,475 tons for 2022;
(6) 15,772,679 tons for 2023;
(7) 15,263,882 tons for 2024;
(8) 14,755,086 tons for 2025;
(9) 14,246,290 tons for 2026;
(10) 13,737,494 tons for 2027;
(11) 13,228,698 tons for 2028;
(12) 12,719,902 tons for 2029; and
(13) 12,211,106 tons for 2030 and each
				  succeeding calendar year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.04 - Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  CO2 Budget Permit Requirements.
(1) Each CO2 budget
				  source shall apply for and have in effect a CO2 budget
				  permit that contains all applicable requirements.
(2) The CO2 authorized
				  account representative for the source shall submit an initial
				  CO2 budget permit application by October 1, 2008, or 12
				  months before the date on which the CO2 budget source,
				  or a new unit at the source, commences operation.
(3) The CO2 budget
				  permit application shall include the following in a format prescribed by the
				  Department:
(a) The identification of the
				  CO2 budget source;
(b) Plant name and the ORIS (Office of
				  Regulatory Information Systems) or facility code assigned to the source by the
				  Energy Information Administration of the U. S. Department of Energy, if
				  applicable;
(c) Each
				  CO2 budget unit at the source; and
(d) Other information required by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.06 - Limited Industrial Exemption Set-aside Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall administer the
				  Limited Industrial Exemption Set-aside Account in accordance with the
				  procedures of this regulation.
B. A
				  CO2 budget source is exempt from the requirements of
				  Regulation .03E of this chapter if it meets the following criteria:
(1) Obtains from the Department a condition
				  in its CO2 budget permit that limits the
				  CO2 budget source's annual electrical output to the
				  electric grid in the PJM region to not more than 10 percent of its annual gross
				  generation;
(2) Submits a request
				  for and receives the Department's approval of a climate action plan which
				  requires reduction of CO2e emissions through reasonably
				  available reduction practices not limited to the following:
(a) Energy efficiency;
(b) Fuel switching;
(c) Alternative transportation options;
				  and
(d) Modification to
				  manufacturing processes; and
(3) Receives written notice of the
				  Department's approval of the exemption based on the criteria in §B(1) and (2)
				  of this regulation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.07 - Long Term Contract Set-aside Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall administer the Long
				  Term Contract Set-aside Account in accordance with the procedures of this
				  regulation.
B. A long term contract
				  applicant may purchase allowances from the Long Term Contract Set-aside Account
				  through direct sale from the Department at the long term contract price if:
(1) A long term contract with the applicant
				  for the electrical output of its budget units has been in existence since
				  January 1, 2001; and
(2) The
				  applicant is unable to recover the cost of purchasing allowances through
				  electricity pricing or other mechanism.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.09 - Clean Generation Set-aside Account

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall administer the Clean
				  Generation Set-aside Account in accordance with the procedures of this
				  regulation.
B. A
				  CO2 budget unit that commences operation after January
				  1, 2009, is eligible for an award of CO2 allowances from
				  the Clean Generation Set-aside Account if the CO2 budget
				  unit:
(1) Uses gaseous fossil fuel as the
				  primary fuel;
(2) Has applied best
				  available control technology (BACT) or lowest achievable emission rates (LAER)
				  as applicable; and
(3) Has not been
				  constructed pursuant to an order issued by the Public Service Commission of
				  Maryland or by agreement with the State.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.10 - Monitoring Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements and Prohibitions.
(1) The owner
				  or operator of a CO2 budget unit shall:
(a) Install monitoring systems to monitor
				  CO2 concentration, stack gas flow rate, oxygen
				  concentration, heat input, and fuel flow rate;
(b) Install all monitoring systems in
				  accordance with 40 CFR Part 75, except for equation G-1 in Appendix
				  G;
(c) Record, report, and verify
				  the data from the monitoring systems; and
(d) Install and certify the monitoring system
				  on or before the following dates:
(i) For a
				  CO2 budget unit that commences commercial operation
				  before July 1, 2008, the owner or operator shall comply on or before January 1,
				  2009; and
(ii) For a
				  CO2 budget unit that commences commercial operation or
				  constructs a new stack or flue on or after July 1, 2008, the owner or operator
				  shall comply by January 1, 2009, or 90 operating days after the date on which
				  the unit commences commercial operation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.02 - Applicability, Determining Compliance, and Allowance Distribution › Section 26.09.02.11 - Record Keeping and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Provisions. The
				  CO2 authorized account representative shall comply with
				  all record-keeping and reporting requirements in this chapter and the
				  applicable record-keeping and reporting requirements under
				  40 CFR §
											75.73.
B. Quarterly Reports.
(1) The CO2 authorized
				  account representative shall submit quarterly reports as described in this
				  section.
(2) The report shall
				  contain the CO2 mass emissions data for the
				  CO2 budget unit in an electronic format, unless
				  otherwise required by the Department, for each calendar quarter beginning with:
(a) The calendar quarter covering January 1,
				  2009-March 31, 2009, for a unit that commences commercial operation before July
				  1, 2008; or
(b) For a unit
				  commencing commercial operation on or after July 1, 2008, the calendar quarter
				  corresponding to the earlier of the:
(i) Date
				  of provisional certification; or
(ii) Applicable deadline for initial
				  certification.
(3) If the quarter is the third or fourth
				  quarter of 2008, reporting shall commence in the quarter covering January 1,
				  2009 through March 31, 2009.
(4)
				  The CO2 authorized account representative shall submit
				  each quarterly report within 30 days following the end of the calendar quarter
				  covered by the report and in accordance with
				  40 CFR Part 75, Subpart H, §
												75.64 and 40 CFR Part 75, Subpart G except
				  for the opacity, NOX, and SO2
				  provisions.
(5) Compliance
				  Certification. The CO2 authorized account representative
				  shall submit a compliance certification in support of each quarterly report.
				  The certification shall state that:
(a) The
				  monitoring data submitted were recorded in accordance with the applicable
				  requirements of this chapter and 40 CFR Part 75, including the quality
				  assurance procedures and specifications;
(b) For a unit with add-on
				  CO2 emissions controls and for all hours where data are
				  substituted in accordance with
				  40 CFR §
													75.34(a)(1), the add-on
				  emissions controls were operating within the range of parameters listed in the
				  quality assurance and quality control program under 40 CFR Part 75, Appendix B,
				  and the substitute values do not systematically underestimate
				  CO2 emissions; and
(c) The CO2
				  concentration values substituted for missing data under 40 CFR Part 75, Subpart
				  D, do not systematically underestimate CO2
				  emissions.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall provide for the award of
					 CO2 offset allowances to project sponsors of
					 CO2 emissions offset projects that have demonstrated a
					 reduction or avoidance of atmospheric loading of CO2,
					 CO2 equivalent, or sequestered carbon. These
					 requirements ensure that the awarded CO2 offset
					 allowances represent real, additional, verifiable, enforceable, and permanent
					 CO2 equivalent emission reductions or carbon
					 sequestration. Subject to the relevant compliance deduction limitations
					 identified in COMAR
					 26.09.02.03K,
					 CO2 offset allowances may be used by any
					 CO2 budget source for compliance
					 purposes.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 09 - MARYLAND CO[2] BUDGET TRADING PROGRAM › Chapter 26.09.03 - Offset Projects › Section 26.09.03.02 - General Requirements for CO[2] Emission Offset Projects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible
				  CO2 Emissions Offset Projects. In order to qualify for
				  the award of CO2 offset allowances, the following offset
				  projects shall satisfy all applicable requirements identified in this chapter:
(1) Landfill methane capture and
				  destruction;
(2) Sequestration of
				  carbon due to reforestation, improved forest management, or avoided conversion;
				  and
(3) Avoided methane emissions
				  from agricultural manure management operations.