Current through Register Vol. 35, No. 18, September 24, 2024
A. If the WEB trading program is triggered as
outlined Part A of the Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
Mexico, and the first control period will not occur until after the
year 2018, the following provisions shall apply for the 2018 emissions year.
(1) All WEB sources shall register, and open
a compliance account within 180 days after the program trigger date, in
accordance with Subsection A of 20.11.46.13 NMAC and 20.11.46.15
NMAC.
(2) The tracking system
administrator shall record the allowances for the 2018 control period for each
WEB source in the source's compliance account once the department allocates the
2018 allowances under Section C1 and D1 of the Section 309 Regional
Haze State
Implementation Plan Element: Albuquerque -
Bernalillo County, New Mexico.
(3) The allowance transfer deadline is
midnight pacific standard time on May 31, 2021 (or if this date is not a
business day, midnight of the first business day thereafter). WEB sources may
transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the
allowance transfer deadline.
(4) A
WEB source shall hold allowances allocated for 2018 including those transferred
into the compliance account or a special reserve account by an allowance
transfer correctly submitted by the allowance transfer deadline, in an amount
not less than the WEB source's total SO2 emissions for
2018. Emissions shall be determined using the pre-trigger monitoring provisions
in Part B of the Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
Mexico, and 20.11.46.9 NMAC.
(5) In accordance with Subsection D of
20.11.46.18 NMAC, and Paragraph (4) of Subsection A of 20.11.46.20 NMAC, the
department shall seek at least the minimum financial penalty of $5000 per ton
of SO2 emissions in excess of the WEB source's allowance
limitation.
(a) Any source may resolve its
excess emissions violation by agreeing to a streamlined settlement approach
whereby the source pays a penalty of $5000 per ton or partial ton of excess
emissions, and payment is received within 90 calendar days after the issuance
of a notice of violation.
(b) Any
source that does not resolve its excess emissions violation in accordance with
the streamlined settlement approach in Subparagraph (a) of Paragraph (5) of
Subsection A of 20.11.46.20 NMAC will be subject to formal enforcement action,
in which the director shall seek a financial penalty for the excess emissions
based on New Mexico's statutory maximum civil penalties.
(6) Each ton of SO2
emissions in excess of a source's allowance limitation is a separate violation
and each day of a control period is a separate violation.
B. If the program has been triggered and the
provision in Subsection A of 20.11.46.20 NMAC is implemented the provisions in
Subsection C of 20.11.46.20 NMAC shall continue to apply for each year after
the 2018 emission year until:
(1) the first
control period under the WEB trading program under Subparagraph (a) of
Paragraph (1) of Subsection A of 20.11.46.19 NMAC; or
(2) the department determines, in accordance
with Section A3.10 of the Section 309 Regional Haze State
Implementation Plan Element: Albuquerque - Bernalillo County, New
Mexico, that the 2018 SO2 milestone has been
met.
C. If the special
penalty provisions continue after the year 2018 as outlined in Subsection B of
20.11.46.20 NMAC, the deadlines listed in Paragraphs (2)-(5) of Subsection A of
20.11.46.20 NMAC, will be adjusted as follows:
(1) for the 2019 control period, the dates
will be adjusted forward by one year, except that the allowance transfer
deadline shall be midnight Pacific Standard Time on May 31, 2021 (or if this
date is not a business day, midnight of the first business day thereafter);
and
(2) for each control period
after 2018 that the special penalty provisions are assessed, the dates and
deadlines in Paragraph (1) of Subsection C of 20.11.46.20 NMAC above for the
2019 control period will be adjusted forward by one year.
D. The tracking system administrator will
record the same number of allowances for each WEB source as were recorded for
the 2018 control period for each subsequent control period.
