New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 2 - AIR QUALITY (STATEWIDE)
Part 81 - WESTERN BACKSTOP SULFUR DIOXIDE TRADING PROGRAM
Section 20.2.81.101 - WEB TRADING PROGRAM APPLICABILITY
Universal Citation: 20 NM Admin Code 20.2.81.101
Current through Register Vol. 35, No. 6, March 26, 2024
A. General applicability. 20.2.81 NMAC applies to any stationary source or group of stationary sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in Paragraphs 1 through 4 of Subsection B. A stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group as described in the North American industry classification system (NAICS), 2007.
B. The following are WEB sources.
(1) All BART-eligible sources as defined in
40
CFR 51.301 that are BART-eligible due to
sulfur dioxideemissions.
(2) All
stationary sources not meeting the criteria of Paragraph 1 of Subsection B of
20.2.81.101 NMAC, that have actual sulfur dioxide emissions of 100 tons or more
per year in the program trigger years or any subsequent year. The fugitive
emissions of a stationary source shall not be considered in determining whether
it is a WEB source unless the source belongs to one of the following categories
of stationary source:
(a) coal cleaning
plants (with thermal dryers);
(b)
Kraft pulp mills;
(c) Portland
cement plants;
(d) primary zinc
smelters;
(e) iron and steel
mills;
(f) primary aluminum ore
reduction plants;
(g) primary
copper smelters;
(h) municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(i) hydrofluoric, sulfuric, or
nitric acid plants;
(j) petroleum
refineries;
(k) lime
plants;
(l) phosphate rock
processing plants;
(m) coke oven
batteries;
(n) sulfur recovery
plants;
(o) carbon black plants
(furnace process);
(p) primary lead
smelters;
(q) fuel conversion
plants;
(r) sintering
plants;
(s) secondary metal
production plants;
(t) chemical
process plants;
(u) fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
(v)
petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(w) taconite ore
processing plants;
(x) glass fiber
processing plants;
(y) charcoal
production plants;
(z)
fossil-fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input; or
(aa) any other stationary source category,
which as of August 7, 1980 is being regulated under Section 111 or 112 of the
Clean Air Act.
(3) A new
source that begins operation after the program trigger date and has the
potential to emit 100 tons or more of sulfur dioxide per year.
(4) The department may determine on a
case-by-case basis, with concurrence from the EPA administrator, that a source
defined in Paragraph 2 of Subsection B of 20.2.81.101 NMAC is not a WEB source
if the source:
(a) in each of the previous
five years had actual sulfur dioxide emissions of less than 100 tons per year;
and
(b) had actual sulfur dioxide
emissions of 100 tons or more in a single year due to a temporary emission
increase that was caused by a sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, failure of process
equipment, or a failure to operate in a normal or usual manner; and
(c) took timely and reasonable action to
minimize the temporary emission increase; and
(d) has corrected the failure of air
pollution control equipment, process equipment, or process by the time of the
department's determination under this section; or
(e) had to switch fuels or feedstocks on a
temporary basis and as a result of an emergency situation or unique and unusual
circumstances besides cost of such fuels or feedstocks; and
(f) a temporary emission increase due to poor
maintenance or careless operation does not meet the criteria of this
section.
C. Duration of program participation. Except as provided for in Subsection D of 20.2.81.101 NMAC, once a source is subject to the WEB trading program, it will remain in the program every year thereafter.
D. Retired source exemption: application.
(1) Any WEB that is retired shall apply for a
retired source exemption. The WEB source may only be considered retired if all
sulfur dioxide emitting units at the source are retired. The application shall
contain all of the following information:
(a)
identification of the WEB source, including plant name and an appropriate
identification code in a format specified by the department;
(b) name of account representative;
(c) description of the status of the WEB
source, including the date that the WEB source was retired;
(d) signed certification that the WEB source
is retired and will comply with the requirements of Subsection D of 20.2.81.101
NMAC; and
(e) verification that the
WEB source has a general account where any unused allowances or future
allocations will be recorded.
(2) Responsibilities of retired sources. The
retired source exemption becomes effective when the department notifies the
source that the retired source exemption has been granted.
(3) A retired source shall be exempt from
20.2.81.106 NMAC and 20.2.81.109 NMAC, except as provided below.
(a) A retired source shall not emit any
sulfur dioxide after the date the retired source exemption is
effective.
(b) A WEB source shall
submit sulfur dioxide emissions reports, as required by Subsection O of
20.2.81.106 NMAC for any time period the source was operating prior to the
effective date of the retired source exemption. The retired source shall be
subject to the compliance provisions of 20.2.81.109 NMAC, including the
requirement to hold allowances in the source's compliance account to cover all
sulfur dioxide emissions prior to the date the source was permanently
retired.
(c) A retired source that
is still in existence but no longer emitting sulfur dioxide shall, for a period
of five years from the date the records are created, retain records
demonstrating the effective date of the retired source exemption for purposes
of this part.
(4)
Resumption of operations.
(a) Should a
retired source desire to resume operation, the retired source shall submit
registration materials as follows:
(i) if the
source is required to obtain a new source review permit or operating permit
under 20.2.70 NMAC, 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79 NMAC prior to
resuming operation, then the source shall submit registration information as
described in 20.2.81.103 NMAC and a copy of the retired source exemption with
the application required under 20.2.70 NMAC, 20.2.72 NMAC, 20.2.74 NMAC or
20.2.79 NMAC; or
(ii) if the source
is not required to obtain a new source review permit or operating permit under
20.2.70 NMAC, 20.2.72 NMAC, 20.2.74 NMAC or 20.2.79 NMAC prior to resuming
operation, then the source shall submit registration information as described
in Subsection A of 20.2.81.103 NMAC and a copy of the retired source exemption
to the department at least ninety days prior to resumption of
operation.
(b) The
retired source exemption shall automatically expire on the day the source
resumes operation.
(5)
Loss of future allowances. A WEB source that is retired and that does not apply
to the department for a retired source exemption within ninety days of the date
that the source is retired shall forfeit any unused and future allowances. The
abandoned allowances shall be retired by the tracking system
administrator.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
