New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 11 - ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Part 62 - ACID RAIN
Section 20.11.62.12 - ACID RAIN PROGRAM GENERAL PROVISIONS

(i) is a new unit,

(ii) did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves such a generator after November 15, 1990,

(iii) was a simple combustion turbine on November 15, 1990 but adds or uses auxiliary firing after November 15, 1990,

(iv) was an exempt cogeneration facility under Subparagraph (d), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but during any three calendar year period after November 15, 1990 sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical out-put capacity and more than 219,000 MWe-hrs electric output, on a gross basis;

(v) was an exempt qualifying facility under Subparagraph (e), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of qualifying facility,

(vi) was an exempt independent power production facility under Subparagraph (f), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of independent power production facility, or

(vii) was an exempt solid waste incinerator under Subparagraph (g), of Paragraph (2), of Subsection A of 20.11.62.12 NMAC but during any three calendar year period after November 15, 1990 consumes 20 percent or more (on a Btu basis) fossil fuel.

(i) for a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplying equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). If the purpose of construction is not known, it will be presumed to be consistent with the actual operation from 1985 through 1987. However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program, or

(ii) for units that commenced construction after November 15, 1990, supplies equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). However, if in any three calendar year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the Acid Rain Program.

(i) has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity; and

(ii) consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of the total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt.

(i) has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity, and

(ii) consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130 percent of its total planned net output capacity. If the emissions rates of the units are not the same, the EPA may exercise discretion to designate which units are exempt.

(i) treating the petition as an Acid Rain permit application under such provisions,

(ii) issuing or denying a draft written exemption that is treated as the issuance or denial of a draft permit under such provisions, and

(iii) issuing or denying a proposed written exemption that is treated as the issuance or denial of a proposed permit under such provisions; provided that no provision under 20.11.62.17 NMAC concerning the content, effective date, or term of an Acid Rain permit shall apply to the written exemption or proposed written exemption under this Section.

(i) for petroleum or petroleum products that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, a sample of each delivery of such fuel shall be tested using ASTM methods ASTM D4057-88 and ASTM D129-91, ASTM D2622-92, or ASTM D4294-90.

(ii) for natural gas that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, the sulfur content shall be assumed to be 0.05 per cent or less by weight.

(iii) for gaseous fuel (other than natural gas) that the unit burns starting on the first day on which the exemption takes effect until the exemption terminates, a sample of each delivery of such fuel shall be tested using ASTM methods ASTM D1072-90 and ASTM D1265-92; provided that if the gaseous fuel is delivered by pipeline to the unit, a sample of the fuel shall be tested, at least once every quarter in which the unit operates during any year for which the exemption is in effect, using ASTM method ASTM D1072-90.

(i) notwithstanding Paragraphs (2) and (3), of Subsection A of 20.11.62.14 NMAC, the designated representative of the source that includes the unit shall submit a complete Acid Rain permit application on the later of January 1, 1998 or the date the unit is no longer exempted under this Section,

(ii) for purposes of applying monitoring requirements under 40 CFR Part 75, the unit shall be treated as a new unit that commenced commercial operation on the date the unit no longer meets the requirements Paragraph (1), of Subsection B of 20.11.62.12 NMAC.

(i) the deadline for submitting an Acid Rain permit application for Phase II, or

(ii) if the unit has a Phase II Acid Rain permit, the deadline for reapplying for such permit.

(i) identification of the unit,

(ii) the applicable deadline under Subparagraph (b), of Paragraph (2), Subsection C of 20.11.62.12 NMAC,

(iii) the actual or expected date of retirement of the unit,

(iv) the following statement: "I certify that this unit [`is' or `will be', as applicable] permanently retired on the date specified in this petition and will not emit any sulfur dioxide or nitrogen oxides after such date;"

(v) A description of any actions that have been or will be taken and provide the basis for the certification in Item (iv), of Subparagraph (c), of Paragraph (2), Subsection C of 20.11.62.12 NMAC, and

(vi) the special provisions in Paragraph (4), of Subsection C of 20.11.62.12 NMAC.

(i) treating the petition as an Acid Rain permit application under such provisions,

(ii) issuing or denying a draft written exemption that is treated as the issuance or denial of a draft permit under such provisions, and

(iii) issuing or denying a proposed written exemption that is treated as a proposed permit under such provisions, provided that no provision under 20.11.62.17 NMAC concerning, the content, effective date, or term of an Acid Rain permit shall apply to the written exemption or proposed written exemption under this Section.

(i) submit a complete Acid Rain permit application under this part in accordance with the deadlines specified in Subsection A of 20.11.62.13 NMAC,

(ii) submit in a timely manner any supplemental information that the Department determines is necessary in order to review an Acid Rain permit application and issue or deny an Acid Rain permit.

(i) operate the unit in compliance with a complete Acid Rain permit application or a superseding Acid Rain permit issued by the Department,

(ii) have an Acid Rain Permit.

(i) hold allowances, as of the allowance transfer deadline, in the unit's compliance sub-account (after deductions under 40 CFR 73.34(c)) not less than the total annual emissions of sulfur dioxide for the previous calendar year from the unit, and

(ii) comply with the applicable Acid Rain emissions limitation for sulfur dioxide.

(i) starting January 1, 2000, an affected unit under Subparagraph (b), of Paragraph (1), Subsection A of 20.11.62.12 NMAC,

(ii) starting on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR Part 75, an affected unit under Subparagraph (c), Paragraph (1), Subsection A of 20.11.62.12 NMAC.

(i) pay to the EPA without demand the penalty required, and pay to the EPA upon demand the interest on that penalty, as required by 40 CFR Part 77, and

(ii) comply with the terms of an approved offset plan, as required by 40 CFR Part 77.

(i) The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation changing the designated representative.

(ii) All emissions monitoring information, in accordance with 40 CFR Part 75.

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the Acid Rain Program.

(iv) Copies of all documents used to complete an Acid Rain permit application and any other submission under the Acid Rain Program or to demonstrate compliance with the requirements of the Acid Rain Program.