New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 46 - SULFUR DIOXIDE EMISSIONS INVENTORY REQUIREMENTS; WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM
Section 20.11.46.19 - COMPLIANCE
Universal Citation: 20 NM Admin Code 20.11.46.19
Current through Register Vol. 35, No. 18, September 24, 2024
A. Compliance with allowance limitations:
(1) In accordance with
Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and 20.11.46.18
NMAC, the WEB source shall hold allowances, as of the allowance transfer
deadline in the WEB source's compliance account (together with any current
control year allowances held in the WEB source's special reserve compliance
account under Paragraph (2) of Subsection A of 20.11.46.16 NMAC) in an amount
not less than the total SO2 emissions for the control
period from the WEB source, as determined under the monitoring and reporting
requirements of 20.11.46.16 NMAC.
(a) For
each source that is a WEB source on or before the program trigger date, the
first control period is the calendar year that is six years following the
calendar year for which SO2 emissions exceeded the
milestone in accordance with procedures in Part A of the Section 309
Regional Haze State
Implementation Plan Element: Albuquerque -
Bernalillo County, New Mexico.
(b) For any existing source that becomes a
WEB source after the program trigger date, the first control period is the
calendar year that is four years following the inventory year in which the
source exceeded the SO2 emissions threshold.
(c) For any new WEB source after the program
trigger date, the first control period is the first full calendar year that the
source is in operation.
(d) If the
WEB trading program is triggered in accordance with the 2013 review procedures
in Section A4 of the Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
Mexico, the first control period for each source that is a WEB source
on or before the program trigger date is the year 2018.
(2) Allowance transfer deadline: An allowance
may only be deducted from the WEB source's compliance account if:
(a) the allowance was allocated for the
current control period or meets the requirements in 20.11.46.18 NMAC,
use of allowances from a previous year, for use of allowances
from a previous control period, and
(b) the allowance was held in the WEB
source's compliance account as of the allowance transfer deadline for the
current control period, or was transferred into the compliance account by an
allowance transfer correctly submitted for recording by the allowance transfer
deadline for the current control period.
(3) Compliance with allowance limitations
shall be determined as follows:
(a) the total
annual SO2 emissions for all SO2
emitting units at the source that are monitored under Paragraph (2) of
Subsection A of 20.11.46.16 NMAC, as reported by the source in Paragraph (2)
and Paragraph (4) of Subsection H of 20.11.46.16 NMAC, and recorded in the WEB
EATS, shall be compared to the allowances held in the source's special reserve
compliance account as of the allowance transfer deadline for the current
control period, adjusted in accordance with 20.11.46.18 NMAC, use of
allowances from a previous year, if the emissions are equal to or less
than the allowances in such account, all such allowances shall be retired to
satisfy the obligation to hold allowances for such emissions; and if the total
emissions from such units exceeds the allowances in such special reserve
compliance account, the WEB source shall account for such excess emissions in
Subparagraph (b) of Paragraph (3) of Subsection A of 20.11.46.19
NMAC;
(b) the total annual
SO2 emissions for all SO2
emitting units at the source that are monitored under Paragraph (1) of
Subsection A of 20.11.46.16 NMAC, as reported by the source to the director, as
required by Paragraph (2) and Paragraph (4) of Subsection H of 20.11.46.16
NMAC, and recorded in the WEB EATS, together with any excess emissions as
calculated in the Subparagraph (a) of Paragraph (3) of Subsection A of
20.11.46.19 NMAC, shall be compared to the allowances held in the source's
compliance account as of the allowance transfer deadline for the current
control period, adjusted in accordance with 20.11.46.18 NMAC, use of
allowances from a previous year;
(c) if the comparison in Subparagraph (b) of
Paragraph (3) of Subsection A of 20.11.46.19 NMAC results in emissions that
exceed the allowances held in the source's compliance account, the source has
exceeded its allowance limitation and the excess emissions are subject to the
allowance deduction penalty in Subsection C of 20.11.46.19 NMAC.
(4) Other than allowances in a
special reserve compliance account for units monitored under Paragraph (2) of
Subsection A of 20.11.46.16 NMAC, to the extent consistent with 20.11.46.18
NMAC, use of allowances from a previous year; allowances shall
be deducted for a WEB source for compliance with the allowance limitation as
directed by the WEB source's account representative. Deduction of any other
allowances as necessary for compliance with the allowance limitation shall be
on a first-in, first-out accounting basis in the order of the date and time of
their recording in the WEB source's compliance account, beginning with the
allowances allocated to the WEB source and continuing with the allowances
transferred to the WEB source's compliance account from another compliance
account or general account. The allowances held in a special reserve compliance
account pursuant to Paragraph (2) of Subsection A of 20.11.46.16 NMAC shall be
deducted as specified in Subparagraph (a) of Paragraph (3) of Subsection A of
20.11.46.19 NMAC.
B. Certification of compliance:
(1) For each
control period in which a WEB source is subject to the allowance limitation,
the account representative of the source shall submit to the department a
compliance certification report for the source.
(2) The compliance certification report shall
be submitted no later than the allowance transfer deadline of each control
period, and shall contain the following:
(a)
identification of each WEB source;
(b) at the account representative's option,
the serial numbers of the allowances that are to be deducted from a source's
compliance account or special reserve compliance account for compliance with
the allowance limitation; and
(c)
the compliance certification report according to Paragraph (3) of Subsection B
of 20.11.46.19 NMAC.
(3)
In the compliance certification report, the account representative shall
certify, based on reasonable inquiry of those persons with primary
responsibility for operating the WEB source in compliance with the WEB trading
program, whether the WEB source for which the compliance certification is
submitted was operated, during the control period covered by the report, in
compliance with the requirements of the WEB trading program applicable to the
source including:
(a) whether the WEB source
operated in compliance with the SO2 allowance
limitation;
(b) whether
SO2 emissions data has been submitted to the department
in accordance with 20.11.46.16 NMAC and other applicable guidance, for review,
revision as necessary, and finalization for forwarding to the SO2
allowance tracking system for recording;
(c) whether the monitoring plan that governs
the WEB source has been maintained to reflect the actual operation and
monitoring of the source, and contains all information necessary to attribute
SO2 emissions to the source, in accordance with
Paragraph (1) of Subsection A of 20.11.46.16 NMAC;
(d) whether all the
SO2 emissions from the WEB source, if applicable, were
monitored or accounted for either through the applicable monitoring or through
application of the appropriate missing data procedures;
(e) if applicable, whether any
SO2 emitting unit for which the WEB source is not
required to monitor in accordance with Subparagraph (c) of Paragraph (1) of
Subsection A of 20.11.46.16 NMAC remained permanently retired and had no
emissions for the entire applicable period; and
(f) whether there were any changes in the
method of operating or monitoring the WEB source that required monitor
recertification; and if there were any such changes, the report shall specify
the nature, reason, and date of the change, the method to determine compliance
status subsequent to the change, and specifically, the method to determine
SO2 emissions.
C. Penalties for any WEB source exceeding its allowance limitations:
(1) Allowance
deduction penalty:
(a) If emissions from a
WEB source exceed the allowance limitation for a control period, as determined
in accordance with Subsection A of 20.11.46.19 NMAC, the source's allowances
held in its compliance account will be reduced by an amount equal to three
times the source's tons of excess emissions. If the compliance account does not
have sufficient allowances allocated for that control period, the required
number of allowances shall be deducted from the WEB source's compliance account
regardless of the control period for which they were allocated, once allowances
are recorded in the account.
(b)
Any allowance deduction required under 20.11.46.19 NMAC shall not reduce or
otherwise affect the liability of the owners and operators of the WEB source
for any fine, penalty or assessment or their obligation to comply with any
other remedy, for the same violation, as ordered under the Clean Air Act,
implementing regulations or applicable state or tribal law. Accordingly, a
violation can be assessed each day of the control period for each ton of
SO2 emissions in excess of its allowance limitation if
the department so chooses.
(2) Reserved
D. Liability:
(1) WEB Source liability for non-compliance:
A WEB source that violates any requirement of 20.11.46 NMAC is subject to
administrative, civil and criminal penalties under the Air Quality Control Act
and the Clean Air Act, separate from and regardless of any automatic penalties
assessed for allowance deduction penalty. Each day of the control period is a
separate violation, and each ton of SO2 emissions in
excess of a source's allowance limitation is a separate violation.
(2) General liability:
(a) Any provision of the WEB trading program
that applies to a source or an account representative shall apply also to the
owners and operators of such source.
(b) Any person who violates any requirement
or prohibition of the WEB trading program shall be subject to enforcement
pursuant to applicable state, tribal or federal law.
(c) Any person who knowingly makes a false
material statement in any record, submission, or report under this WEB trading
program shall be subject to criminal enforcement pursuant to the applicable
state, tribal or federal law.
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