## Appendix B

Review of Companion Rules to Ne w Mexico’s Regional Haze State
Implementation Plan

Prepared and Reviewed by:

John Walser

Alan Shar

Brian Tomasovic Lynde Schoellkopf

Michael Feldman

April 2012Table of Contents

Evaluation of Western Backstop Sulfur Dioxide Trading Program (20.2.81 NMAC) and the
subprovision on emission tracking requirements fo r sulfur dioxide emission inventories of Notice
of Intent and Emissions Inventory Requirements (20.2.73.300F NMAC)...........................B-1

2003 Adoption of 20.2.81 NMAC................................................................B-8

2011 Revision to 20.2.81 NMAC.............. ................................................B-32

2003 WRAP Model Rule and Supplement...................................................B-49

State of Utah’s Western Backstop Sulf ur Dioxide Trading Rule R307-250............B-122

2003 Revision to 20.2.73 NMAC.............................................................B-146

2011 Revisions to 20.2.73.300 NMAC......................................................B-149

State of Utah’s Emission Inventories Rule R307-150 .....................................B-153

Evaluation of Smoke Management (20.2.65 NMAC)...............................................B-157

Evaluation of Open Burning (20.2.60 NMAC) .....................................................B-164

### Evaluation of Western Backstop Sulfur Dioxide Trading Program (20.2.81 NMAC) and the subprovision on emission tr acking requirements for sulfur dioxide

emission inventories of Notice of Intent and Emissions Inventory Requirements (20.2.73.300F NMAC)This portion of Appendix B to the TSD c oncerns our evaluation of 20.2.81 NMAC as adopted by the State of New Me xico on 12/31/03, and subsequently amended, with amendments

effective 7/6/2011. These SIP revisions were submitted to EPA for review on 7/5/2011.

These rules are organized in the New Me xico Administrative Code under the title Western Backstop Sulfur Dioxide Trading Program . They are offered to satisfy the requirements for a market trading program under 40 CFR 51.309. They may be approved as companion rules to a regional haze plan submitted under 40 CFR 31.309 if they are sufficient to achieve the milestones required by 51.309(d)(4)(i) and if they are consistent with the elements for trading programs outlined in 40 CFR 51.308(e)(2)(vi). Add itionally, these rules were developed based upon the 2003 Western Regional Air Partnershi p (WRAP) Western Ba ckstop (WEB) Sulfur Dioxide Trading Program Model Rule (Model Rule) for section 309 states to follow. A successful trading program is dependent upon consistency between the state’s trading program rules. Therefore, the analysis below also co mpares New Mexico’s Rule 20.2.81 NMAC to the

2003 WRAP Model Rule and the State of Utah’s Western Backstop Sulfur Dioxide Trading Rule R307-250 for consistency.

We are also reviewing related revision s to 20.2.73.300.F submitted on July 5, 2011. This rule appears in New Mexico Administra tive Code’s Title 20, Chapter 2, Part 73, Notice of Intent and Emissions Inventory Requirements . 20.2.73 NMAC was approved mo st recently at 75 FR 48860 (August 12, 2010). While the state amen ded 20.2.73 on January 1, 2008, our review only concerns discrete amendments to 20.2.73.300.F, the subprovision on Emission tracking requirements for sulfur di oxide emission inventories . Subprovision 20.2.73.300.F was not amended in the 2008 submittal. The analysis below compares subprovision 20.2.73.300.F to the

State of Utah’s Emission Inventor ies Rule R307-150 for consistency.

The complete text of each SIP revision is attach ed to the end of this section of the TSD. A section-by-section evaluation of the Title 20, Chapter 2, Part 81, Western Backstop Sulfur Dioxide Trading Program (20.2.81 NMAC) submittals and the submitted revisions to

20.2.73.300 is as follows:

Rule Provision Adopted

12/31/03

Submitted

12/29/03 Amended

7/6/2011

Submitted

7/5/2011 Recommend Approval?

20.2 .81.1 This provision titled, ISSUING AGENCY, sets forth the administrative body responsible for this regulation and its contact information. This section should be approved. X No Yes

20.2 .81.2 This provision title, SCOPE, defines the geographic areas

relevant to Part 81. This s ection should be approved. X No Yes

20.2 .81.3 This provision, title, STATUTORY AUTHORITY, sets for the legal authority of the issuing ag ency for this regulation. This section should be approved. X No Yes20.2 .81.4 This provision, titled, DURATION, defines the duration of the rule, i.e., permanent. This section should be approved. X No Yes

20.2 .81.5 This provision, titled, EFFECTIVE DATE, defines the date upon which the rule will go into effect. This section should be approved. X No Yes

20.2 .81.6 This provision, titled, OBJECTIVE, defines the objective of the rule, corresponds to Section A -Pur pose of the Model Rule and is substantially identical to Sec tion 1 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.2 .81.7 This provision, titled, DEFINITIONS, defines terms applicable

to the rule. Utilization of the defined terminologies from this section in the regulation will prov ide for clarity and facilitate application of the regulation. This provision corresponds to

Section B – Definitions of the M odel Rule and is substantially

identical to Section 2 of Ut ah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X X 1,2,3 Yes

20.2 .81.8 – 20.2 .81.99 These provisions, titled, RESERVED, are reserved for future

use. This reserved section ma y allow the issuing agency to

maintain the established structural formatting of the regulations. This section should be approved. X No Yes

20.2 .81.100 This provision, titled, WEB TRADING PROGRAM TRIGGER, defines the program trigger date a nd the effective date of special penalty provisions. The provisi on works with the provisions of the RH 309 SIP to accord with the requirements of 40 CFR 51.309(d)(4)(iv), the “Criteria a nd Procedures for a Market Trading Program.” This provi sion corresponds to Section C – WEB Trading Program Trigger of the Model Rule and is substantially identical to Sec tion 3 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X X 2 Yes

20.2 .81.101 This provision, titled, WEB TRADING PROGRAM APPPLICABILITY, defines the gene ral applicability of the rule and lists types of applicable sources consistent with 40 CFR 51.308(e)(2)(vi)(A), the “applicabil ity provisions” requirement. This provision corresponds to Section D – WEB Trading Program Applicability of the Model Rule and is substantially

identical to Section 4 of Ut ah’s Rule R307-250: Western X X 2 YesBackstop Sulfur Dioxide Trading Program. This section should be approved.

20.1.81.102 This provision, titled, ACCOUNT REPRESENTATIVE FOR WEB SOURCES, requires that each source identify an account representative. This helps satisfy the requirement for “authorized account represen tative provisions” from 40 CFR 51.308(e)(2)(vi)(G). This provisi on corresponds to Section E – Account Representative for WEB Sources of the Model Rule and is substantially identi cal to Section 5 of Ut ah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.2 .81.103 This provisions, titled, REGISTRATION, requires source registration prior to the program trigger date pursuant to 40 CFR 51.309(d)(4)(iii) – (iv). This requirement will help ensure participation and tracking of a ll sources subject to the program. This provision corresponds to S ection F – Registration of the Model Rule and is substantially id entical to Section 6 of Utah’s

Rule R307-250: Western Backst op Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.2 .81.104 This provision, titled, ALLOWANCE ALLOCATIONS, outlines requirements for allowance allocations. This provision is needed

to establish the allowance ma rket according to appropriate procedures and with appropriate participation. This provision corresponds to Section G – Allowa nce Allocations of the Model Rule and is substantially identical to Section 7 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.2 .81.105 This provision, titled, ESTA BLISHMENT OF ACCOUNTS, requires allowance tracking syst em accounts consistent with 40 CFR 51.308(e)(2)(vi)(B). This provi sion corresponds to Section

H – Establishment of Accounts of the Model Rule and is substantially identical to Sec tion 8 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.1.81.106 This provision, titled, MONI TORING, RECORDKEEPING AND REPORTING – GENERAL REQUIREMENTS ON MONITORING METHODS, presents general requirements for monitoring methods and plan s consistent with 40 CFR 51.308(e)(2)(vi)(C)-(E), the requirements for monitoring, recordkeeping and reporting provis ions. These requirements are generally needed to ensure enfo rceability of the program. This X X 2 Yesprovision corresponds to Section I – Monitoring, Recordkeeping and Reporting of the Model Rule an d is substantially identical to

Section 9 of Utah’s Rule R 307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved.

20.1.81.107 This provision, titled, ALLOWANCE TRANSFERS, outlines procedural requirements for allowa nce transfers consistent with 40 CFR 51.308(e)(2)(vi)(H), the requirement for allowance transfer provisions. This provi sion corresponds to Section J –

Allowance Transfers of the Mode l Rule and is substantially

identical to Section 10 of Ut ah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X No Yes

20.2 .81.108 This provision, titled, USE OF ALLOWANCES FROM A PREVIOUS YEAR, defines the use( s) of allowances consistent with the requirements in 40 CFR 51.308 (e)(2)(vi)(K), which requires provisions that clarify any restrictions on the use of banked allowances. This provi sion corresponds to Section K –

Use of Allowances from a Previous Year of the Model Rule and is substantially identi cal to Section 11 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X X 2 Yes

20.2 .81.109 This provision, titled, COMPLIANCE, addresses compliance, non-compliance, certification of compliance, penalties and liability consistent with 40 CF R 51.308(e)(2)(vi)(I ), regarding necessary compliance provisions and (J), regarding penalty provisions. The 2011 revisions appropriately corrected the section so that mandatory allowance deductions are made to equal “at least three times the tonnage of excess emissions,” as required for mandatory allowance deductions. This provision corresponds to Section L – Complia nce of the Model Rule and is substantially identical to Sec tion 12 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. X X 2,3 Yes

20.2 .81.110 This provision, titled, SPECIA L PENALTY PROVISIONS FOR THE 2018 MILESTONE, requires special provisions for program if the first program c ontrol period will not occur until

after 2018 consistent with 40 CF R 51.309(d)(4)(vi)(A) and (B). This provision works to prohibit emissions that exceed the 2018 milestone beginning in 2018 and in stitutes penalty provisions to ensure the 2018 milestone will be met. This provision corresponds to Section M – Special Penalty Provisions for the

2018 Milestone of the Model Rule and is substan tially identical X X 1,2,3 Yesto Section 13 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Progr am. This section should be approved.

20.2 .81.111 This provision, titled, SULFUR DIOXIDE MONITORING OF FUEL GAS COMBUSTION DEVICES, defines applicability, monitoring, quality assuran ce/control and missing data procedures and requirements pursuant to 40 CFR 51.308(e)(2)(vi)(C)-(E). This provision corresponds to Model Rule Appendix A: WEB Model Rule Monitoring Protocols,

Protocol WEB-1: SO 2 Monitoring of Fuel Gas Combustion Devices. This section should be approved. X No Yes

20.2 .81.112 This provision, titled, PREDICTIVE FLOW MONITORING

SYSTEMS FOR KILNS WITH POSITIVE PRESSURE FABRIC FILTER, outlines applicability, monitoring and certification requirements for cemen t or lime kilns pursuant to 40 CFR 51.308(e)(2)(vi)(C)-(E). Th is provision corresponds to Model Rule Appendix A: WEB Model Rule Monitoring Protocols, Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter. This section should be approved. X No Yes

Rule 20.2.73.300 Provision Submitted

04/25/2005 Approved

08/12/2010 Amended

01/01/2008 Amended

7/6/2011

Submitted

7/5/2011 Recommend Approval?

20.2 .73.300.F

The previously approved provision of 20.1.73, titled, EMISSION TRACKING REQUIREMENTS

FOR SULFUR DIOXIDE EMISSION INVENTORIES, outlines emission tracking and inventory requirements, federally enforceable provisions and emission measurement techniques. This provision works with the RH 309 SIP to ensure the plan has the necessary monitoring, recordkeeping and annua l reporting of actual stationary source SO2 emi ssions in the State.

The newly added subsection on “changes in emission measurement techniques” ensures that comparable calculation methods continue to be used for purposes of annual emission reporting. The change promotes accuracy in determining whether the milestone has been achieved. This provision is substantially identical to Subsection (3) of Utah’s 75 FR

48860

8/12/2010 No X 3 YesRule R307-150-4: Sulfur Dioxide Milestone Inventory Requirements. This revision should be approved.

Rule Revision Notes:

1) Clarifies structural formatting of rule

2) Revisions are editorial in nature, replacement of terms and other clarifications or typographical

corrections.

3) Addition/deletion of language for clarification of requirements.1 [The following document is a model rule to implement regional SO 2 milestones and a backstop trading program in accordance with section 309 of the regional haze rule. The regional haze rule establishes the mandatory requirements that mu st be met by a state implementation plan and establishes provisions that potentially may be used in a trib al implementation plan. This model rule was developed through the broad stakehol der process of the WRAP as a template to facilitate consistent, multi-jurisdictional impl ementation of section 309. The template does not establish the only acceptable way to implement section 309, but it does have the benefit of extensive review and discussion by the many st akeholders involved in the WRAP process, including EPA review and comment . A state or tribe that develops alternate language will need to demonstrate to the other participating stat es and tribes and EPA that their plan and accompanying rules will respect the sovereignty of other participati ng states and tribes; satisfies the regional haze rule; be enforceable; be consis tent with the emissions and allowance tracking provisions and trading provisions in implementation plans develope d by other participating states and tribes; and be administratively practicable.]



### Western Backstop SO 2 

### Trading Program

Model Rule

August 13, 2003 (final draft)

[ Note: This Model Rule covers on ly the post-trigger phase of the Western Backstop SO 2 Trading Program (“WEB Trading Program”). The Model SIP/TIP covers both th e pre-trigger and posttrigger phases of the program, and is known as the SO 2 Milestones and Backstop Trading Program. The Model SIP/TIP and the Model Rule shoul d be reviewed together in order to fully understand the complete WEB Trading Program. As each participating 309 State develops its state’s rule, care should be taken to include or reference any lo cal or delegated authority that may have responsibilities under th e state’s rule (most notably – local governmental units with Title V permitting authority). Delegation agreemen ts should be examined for any relevant revisions necessary to assure the program is conducted as the rule specifies.]



### A. Purpose

1. This Rule implements the Western Backstop SO 2 Trading Program (“WEB Trading Program”) provisions required under the federal Regional H aze Rule, 40 CFR 51.309, and [state or tribe]’s Regional Haze Implementation Plan.

2. Nothing in this Rule waives any requirement otherwise in effect or subsequently required under another program, includi ng Rules governing new sources.



### B. Definitions

The definitions in this part apply only to this Rule:

Account Certificate of Representation means the completed and signed submission required to designate an Account Representa tive for a WEB source or an Account Representative for a general account.2 Account Representative means the individual who is author ized through an Account Certificate of Representation to represent owners and operato rs of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through an Account Certificate of Representation to repres ent the persons having an ownership interest in allowances in the general account with regard to matters concerning the general account.

Act means the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

Actual Emissions means total annual sulfur dioxide emissions determined in accordance with Section I of this Rule, or determined in accordance with [refer to state or tribal inventory rule] for sources that are not subject to Section I of this Rule.

Allocate means to assign allowances to a WEB sour ce through section C1 of the Implementation

Plan.

Allowance means the limited authori zation under the WEB Trading Program to emit one ton of

SO 2 during a specified control peri od or any control period thereaf ter subject to the terms and

conditions for use of unused allowances as established by this Rule.

Allowance limitation means the tonnage of SO 2 emissions authorized by the allowances available for compliance deduction for a WEB so urce for a control peri od under Section L1 of

this Rule on the allowance transfer deadline for that control period.

Allowance Tracking System means the system developed by [state or tribe] where allowances under the WEB Trading Program are record ed, held, transferred and deducted.

Allowance Tracking System account means an account in the Allowance Tracking System established for purposes of recording, hol ding, transferring, and deducting allowances.

Allowance transfer deadline means the deadline established in Section J.2 of the Model Rule

when allowances must be submitted for record ing in a WEB source’s compliance account in order to demonstrate complian ce for that control period.

Compliance account means an account established in the Allowance Tracking System under Section H1 of this Rule for the purpose of reco rding allowances that a WEB source might hold to demonstrate compliance with its allowance limitation.

Compliance certification means a submission to [state or tr ibe] by the Account Representative as required under Section L2 of this Rule to report a WEB source’s compliance or noncompliance with this Rule.

Control period means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive.3 Emissions tracking database means the central database where SO 2 emissions for WEB sources as recorded and reported in accordance with this Rule are tracked to determine compliance with

allowance limitations.

Emission unit means any part of a stati onary source that emits or w ould have the potential to emit any pollutant submitted to regulations under the Clean Air Act.

Existing source means, a stationary source that co mmenced operation before the Program Trigger Date.

Fugitive emissions are those emissions that could not reasonably pass through a stack, chimney, vent, or other functiona lly equivalent opening.

General account means an account established in the A llowance Tracking Syst em under Section H of this Rule for the purpose of recording allowan ces held by a person that are not to be used to show compliance with an allowance limitation.

Milestone means the maximum level of stationary s ource regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in Section A of the SO 2 Milestones and Backstop Tradi ng Program Implementation Plan.

New WEB Source means a WEB source that commenced operation on or after the Program Trigger Date.

New Source Set-aside means a pool of allowances that are available for allocation to new sources in accordance with the pr ovisions of Section C1.3 of the SO 2 Milestones and Backstop Trading Program Implementation Plan.

Owner or operator means any person who is an owner or w ho operates, controls or supervises a WEB source, and includes but is not be limited to any holding company, u tility system or plant

manager.

Potential to emit means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any phys ical or operational limitation on the capacity of a source to emit an air pollutant, including ai r pollution control equipment and restrictions on hours of operation or on the type or amount of mate rial combusted, stored or processed, shall be treated as part of its desi gn if the limitation is enforceable by the EPA Administrator.

Program trigger date means the date that [state or tribe] determines that the WEB Trading Program has been triggered in accordance with the provisions of Section A2 of the SO 2 Milestones and Backstop Tradi ng Program Implementation Plan.

Program trigger years means the years shown in Table 1, column 3, of the SO 2 Milestones and Backstop Trading Program Implementation Plan for the applicable milestone if the WEB Trading Program is triggered as described in Section A of the SO 2 Milestones and Backstop Trading Program Implementation Plan.4 Renewable Energy Resource means a resource that generate s electricity by non-nuclear and non-fossil technologies that results in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new lowimpact hydropower that meets the Low-Impact Hydr opower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped stor age or biomass from municipal solid waste, black liquor, or treated wood.

Retired source means a WEB source that has received a retired source exemption as provided in Section D3 of this Rule. Any retired source re suming operations under D3(d) of this Rule, must submit its exemption as part of its registration materials.

Serial number means, when referring to allowances, th e unique identification number assigned to each allowance by the Tracking Systems Ad ministrator, in accordance with Section G2.

SO 2 emitting unit means any equipment that is located at a WEB source and that emits SO 2

.

Stationary source means any building, structur e, facility or installati on that emits or may emit any air pollutant subject to re gulation under the Clean Air Act.

Submit means sent to the appropriate author ity under the signature of the Account Representative. For purposes of determining when something is submitted, an official U.S. Postal Service postmark, or equivalent electron ic time stamp, shall establish the date of

submittal.

Ton means 2000 pounds and, for any control period, any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fr action of a ton equaling less than 1000 pounds shall

be treated as zero tons.

Tracking System Administrator means the person designated by [state or tribe] as the

administrator of the Allowa nce Tracking System and the emission tracking database.

WEB source means a stationary source that meets the a pplicability requirements of Section D of

this Rule.

Western Backstop SO 2 Trading Program (“WEB Trading Program”) refers to this Rule, triggered as a backstop in accordance with the provisions in the SO 2 Milestones and Backstop Trading Program Implementation Plan, if necessary, to ensure that regional SO 2 emissions are

reduced.



### C. WEB Trading Program Trigger

1. Except as provided in C2, this Rule shall become effective on th e program trigger date that is

established in accordance with th e procedures outlined in the SO 2 Milestones and Backstop Trading Program Implementation Plan.5 2. Section M of this Rule, Special Penalty Pr ovisions for Year 2018, shall become effective on January 1, 2018 and shall remain effective until the provisions of section M have been fully implemented.



### D. WEB Trading Program Applicability

1. General Applicability

This Rule applies to any stationary source or gr oup of stationary source s that are located on one or more contiguous or adjacent properties and wh ich are under the control of the same person or persons under common control, be longing to the same industrial gr ouping, and that are described in paragraphs (a) through (d) of this subsection. A stationary source or group of stationary sources shall be considered part of a single i ndustrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent pr operties belong to the same Major Group (i.e., all have the same two-dig it code) as described in the Standard Industrial Classification Manual, 1987.

The following are WEB sources:

(a) All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due

to SO 2 emissions.

(b) All stationary sources not meeting the crite ria of D1(a) of this Rule that have actual

SO 2 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 unle ss the source belongs to one of the following categories of stationary source:

(i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of ch arging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters;6 (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers (or combinati on thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric pl ants of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source ca tegory, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act.

(c) A new source that begins operation afte r the Program Trigger Date and has the potential to em it 100 tons or more of SO 2 per year.

(d) [State or tribe] may determine on a case- by-case basis, with concurrence from the EPA Administrator, that a source defined in D1(b) is not a WEB source if the source:

(1) In each of the previous five years had actual SO 2 emissions of less than 100 tons per year, and

( 2 ) Had actual SO 2 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 process to operate in a normal or usual manner ; and that the source

(3)T t ook timely and reasonable action to minimize the temporary emission

increase . A temporary emission increase due to poor maintenance or careless operation does not meet the criteria of this section ; and

( ii 4 ) has Has corrected the failure of air pollu tion control equipment, process equipment, or process by the time of the [state or tribe]’s de termination under this section; or

( iii 5 ) had Had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusua l circumstances besides cost of such

fuels or feedstocks.

(6) A temporary emission increase due to poor maintenance or careless operation

does not meet the criteria of this section.7 2. Duration of Program Participation

Except as provided for in Section D3 of this Ru le, once a source is subject to the WEB Trading Program, it will remain in the program every year thereafter.

3. Retired Source Exemption

(a) Application

Any WEB that is retired sha ll apply for a retired source ex emption. The WEB source may only be considered retired if all SO 2 emitting units at the source are retired. The application shall contain the following information:

(1) Identification of the WEB source, in cluding plant name andan appropriate identification code in a format specified by the [state or tribe].

(2) Name of Account Representative.

(3) Description of the status of the WEB source, including the date that the WEB

source was retired.

(4) Signed certification that the WEB sour ce is . retired and will comply with the requirements of Section D3 of this Rule.

(5) Verification that the WEB source ha s a general account where any unused

allowances or future alloca tions will be recorded.

(b) Notice

The retired source exemption becomes effective when [state or tribe] notifies the source

that the retired source exem ption has been granted. [ For example, state or tribe could include a provision requiring the permitting authority to notify the source .]

(c) Responsibilities of Retired Sources:

(1) A retired source shall be exempt from S ections I and L of this Rule, except as provided below.

(2) A retired source shall not emit any SO 2 after the date the retired source exemption is effective.

(3) A source shall submit SO 2 emissions reports, as required by Section I5 I8 of this Rule for any time period the source wa s operating prior to the effective date of the retired source exemption. The re tired source shall be subject to the compliance provisions of Section L of th is Rule, including the requirement to8 hold allowances in the source’s compliance account to cover all SO 2 emissions prior to the date the sour ce was permanently retired.

(4) A retired source that is still in existence but no longer emitting SO 2 shall, for a period of five years from the date th e records are created, retain records demonstrating the effective date of the retired source exemption for purposes of

this Rule.

(d) Resumption of Operations

(1) Should a retired source desire to re sume operation, the retired source must submit registration materials as follows:

(i) If the source is required to obt ain a new source review permit or operating permit under [refer to app licable permitting Rules] prior to resuming operation, then registration in formation as described in Section F1 of this Rule and a copy of the retired source exemption must be submitted with the application requi red under [refer to applicable permitting Rules];

(ii) If the source is not required to obtain a new source review permit or operating permit under [refer to app licable permitting Rules] prior to resuming operation, then registration in formation as described in Section F1 of this Rule and a copy of the retired source exemption must be submitted to [state or tribe] at least ninety days prior to resumption of operation.

(2) The retired source exemption shall auto matically expire on the day the source resumes operation.

(e) Loss of Future Allowances

A WEB source that is retired and that does not ap ply to [state or tribe] for a retired source exemption within ninety days of the date that the source is retired sh all forfeit any unused

and future allowances. The abandoned allo wances shall be retired by the Tracking System Administrator.

Note: This is not intended to be a punitive action, but a method to correct the number of allowances being tracked by the state. [State or tribe] will need to establish due process procedures for forfeiting these “abandoned” a llowances in a manner that is consistent

with the administrativ e procedures process. This provision is intended to address sources that go out of bu siness, leave no forwarding address, and truly abandon their

allowances. It is assumed that [state or tribe] will have a pr ocess to notify sources that their allowances may be forfeited so this provision does not lead to forfeiture just

because the deadline was missed.9 

### E. Account Representative for WEB Sources

Each WEB source must identify one Account Repres entative and may also identify an alternate Account Representative who may act on beha lf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inacti on or submission by the A ccount Representative.

1. Identification and Certification of an Account Representative.

(a) The Account Representative and any Alte rnate Account Representative shall be appointed by an agreement that makes th e representations, actions, inactions or submissions of the Account Representative and any alternate bindi ng on the owners and operators of the WEB source.

(b) The Account Representative sha ll submit to [state or trib e] and the Tracking System Administrator a signed and date d Account Certificate of Repr esentation (Certificate) that contains the following elements:

(1) Identification of the WEB source by plant name, state and an appropriate identification code in a format specified by the [state or tribe];

(2) The name, address, e-mail (if availa ble), telephone and facsimile number of the Account Representati ve and any alternate;

(3) A list of owners and ope rators of the WEB source;

(4) Information to be part of the emissi on tracking system database in accordance with the Implementation Plan. The specific data elements shall be as specified by the [state or tribe] to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such as county locati on, industrial classification codes, and similar general facility information.

(5) The following certification statement:

“I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on the owners and operators of the WEB source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of the owners and operators of the WEB source and that each such owner and operator shall be fully bound by my representations, actions, inac tions, or submissions and by any decision or order issued to me by th e [state or tribe] regarding the WEB Trading Program.”

(c) Upon receipt by the [state or tribe] of the complete Certificate, the Account Representative and any alternate Account Re presentative represents and, by his or her10 representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaini ng to the WEB Trading Program. The owners and operators shall be bound by any decision or order issued by [state or tribe] regarding the WEB Trading Program.

(d) No WEB Allowance Tracking System account shall be established for the WEB source until the Tracking System Administrator has re ceived a complete Certificate. Once the account is established, the Acc ount Representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

2. Requirements and Responsibilities

(a) The responsibilities of the Account Representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO 2 emissions data and compliance reports as required by this Rule, and representing the source in all matters pertaining to the WEB Trading Program.

(b) Each submission under this program shall be signed and certified by the Account Representative for the WEB source. Each submission shall include the following truth and accuracy certification statement by the Account Representative:

“I am authorized to make this submi ssion on behalf of the owners and operators of the WEB source for which the submissi on is made. I certify under penalty of law that I have personally examined, a nd am familiar with, the statements and information submitted in this documen t and all its attachments Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false st atements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

3. Changing the Account Representa tive or Owners and Operators

(a) Changes to the Account Representative or the alternate Account Representative

The Account Representative or alternate Account Representati ve may be changed at any time by sending a complete superseding Certificate to the [state or tribe] and the Tracking System Administrator under Sect ion E1(c) of this Rule, with the change taking effect upon receipt of such Certificate by the [state or tribe]. Notwithstanding any such change, all representations, actions , inactions, and submissions by the previous Account Representative or alternate prior to th e time and date when the Tracking System Administrator receives the superseding Cer tificate shall be binding on the new Account Representative and the owners a nd operators of the WEB source.

(b) Changes in Owners and Operators11 (1) Within thirty days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the Account Representative shall submit a revised Certificate amending the list of owners and operato rs to include such change.

(2) In the event a new owner or operator of a WEB source is not in cluded in the list of owners and operators submitted in the Certif icate, such new owner or operator shall be deemed to be subject to and bound by the Certificate, the representations, actions, inactions, and submissions of the Account Representative of the WEB source, and the decisions, orders, actions, and inactions of [state or trib e] as if the new owner or operator were included in such list.



### F. Registration

1. Deadlines

(a) Each source that is a WEB source on or befo re the Program Trigger Date shall register by submitting the initial Certificate required in S ection E1 of this Rule to the [state or tribe] no later than 180 days after the Program Trigger Date.

(b) Any existing source that becomes a WEB so urce after the Program Trigger Date shall register by submitting the initial Certificate re quired in Section E1 of this Rule to the [state or tribe] by Septembe r 30 of the year following the inventory year in which the

source exceeded the emission threshold.

(c) Any new WEB source shall register by s ubmitting the initial Certificate required in Section E1 of this Rule to the [state or tr ibe] prior to the comm encement of operation.

2. Integration into Permits

(a) Any allocation, transf er or deduction of allowance to or from the compliance account

of a WEB source shall not re quire revision of the WEB s ource’s operating permit.

(b) Any WEB source that is not required to have a permit under [state or tribe’s New Source Review Rule] at any time after this Rule becomes effective must at all times possess a permit that includes the requirements of [state or tribe’s market trading rule]. If it does not possess a Title V permit under [state or tribe’s Title V rule], it may do so by obtaining or modifying a permit under [state or tribe’s New Source Review Rule] to incorporate the requirements of [state or tribe’s market trading rule]. The source must at all times possess a permit that includes these requirements.



### G. Allowance Allocations

1. The Tracking System Administrator will record the allowances for each WEB source in the compliance account for a WEB source once the allowa nces are allocated by the [state or tribe]

under Section C1 of the SO 2 Milestones and Backstop Trading Program Implementation Plan. If12 applicable, the Tracking System Admini strator will record a portion of the SO 2 allowances for a WEB source in a special reserve account assigned to the [state or trib e] to account for any allowances to be held by the [state or tribe] in accordance with Sec tion I1(b) of this Rule.

2. The Tracking System Administrator will assi gn a serial number to each allowance in

accordance with Section C2 of the SO 2 Milestones and Backstop Trading Program Implementation Plan.

3. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To

determine the number of whole a llowances, the number of allowa nces shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

4. An allowance is not a property right, and is a limited authorization to emit one ton of SO 2 valid only for the purpose of meeting the requirements of this Rule. No provision of this WEB Trading Program or other law should be construed to limit th e authority of the United States or [state or tribe] to terminate or limit such authorization.

5. Early Reduction Bonus Allocation.

Any WEB source that reduces permitted annual SO 2 emissions to a level that is below the floor

level allocation established for that source in Section C1 of the SO 2 Milestones and Backstop Trading Program Implementation Plan between 2003 and the program trigger year may apply to [state or tribe] for an early reduction bonus allocation. The application must be submitted no later than ninety days after the Pr ogram Trigger Date. Any WEB s ource that applies and receives early reduction bonus allocations must retain the records referenced below for a minimum of five years after the early reduction bonus allowance is certified in accordance with Section C1. 3 1(a)(3) of the Implementation Plan.

The application for an early re duction bonus allocation must cont ain the following information:

(a) Copies of all permits or other enfo rceable documents that include annual SO 2 emissions limits for the WEB source duri ng the period the WEB source was generating the early reductions. Such permits or enfo rceable documents require monitoring for SO 2 emissions that meets the requirements in Section s I 1(a) and I1(c) of this Rule.

Note: the early reduction bonus allocation needs to address s ources that are not using Part 75 equipment monitoring.

(b) Copies of emissions monitoring re ports, for the period the WEB source was generating the early reductions, th at documents the actual annual SO 2 emissions and

demonstrates that the actual annual SO 2 emissions were below the floor level allocation

established for that source in Section C1 of the SO 2 Milestones and Backstop Trading Program Implementation Plan.

(c) Demonstration that the floor level esta blished for the source in accordance with

Section C1 of the SO 2 Milestones and Backstop Tradi ng Program Implementation Plan13 was calculated using data that are consis tent with the new monitoring methodology. If new monitoring techniques will change th e floor level for the source, then a

demonstration of the new floor level base d on new monitoring techniques should be included in the application.

6. Request for allowances for new WE B sources or modified WEB Sources.

(a) A new WEB source or an existing WEB sour ce that has increased production capacity through a permitted change in operations [refer to state or tribal NSR Rules] may apply to [state or tribe] for an allocation from the ne w source set-aside, as outlined in Section C1.3 of the Implementation Plan.

(1) A new WEB source is eligible to appl y for an annual allocation equal to the permitted annual SO 2 emission limit for that s ource after the source has commenced operation.

(2) An existing WEB source is eligible to apply for an annual allocation equal to the permitted annual SO 2 emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity for that source as of January 1, 2003.

(3) A source that has received a retired source exemption under Section D3 of this Rule is not eligible to apply for an allocation from the new source set-aside.

(b) The application for an allocation from the new source set-aside must contain the following information:

(1) Demonstration that shows the permitted production capacity of the source before and after the new permit;

(2) For new WEB sources, documentation of the actual date of the commencement of operation and a copy of the permit.



### H. Establishment of Accounts

1. Allowance Tracking System Accounts

All WEB sources are required to open a comp liance account. Any pers on may open a general account for holding and transferring allowances. To open either type of account, an application that contains the following information shall be submitted:

(a) The name, mailing address, e-mail addre ss, telephone number, facsimile number of the Account Representative. For a complian ce account, include a copy of the Account Certificate of Representation of the Account Representative and any alternate as required in Section E1(b) of this Rule. For a genera l account, include the Account Certificate of14 Representation of the Account Representative and any alternate as required in Section H3(b) of the Rule.

(b) The WEB source or organization name;

(c) The type of account to be opened; and

(d) A signed certification of truth and accuracy by the Account Representative according to Section E2(b) of this Rule for compliance accounts and for general accounts,

certification of truth and accu racy by the Account Represen tative according to Section

H4 of this Rule.

2. Account Representative for General Accounts

For a general account, one Account Representative must be identified and an alternate Account Representative may be identified and may act on behalf of the Account Representative. Any representation, action, inaction or submission by the alternate Account Representative will be deemed to be a representation, action, inacti on or submission by the Ac count Representative.

3. Identification and Certification of an A ccount Representative for General Accounts

(a) The Account Representative shall be appointed by an agreement that makes the representations, actions, inactions or submissi ons of the Account Representative binding on all persons who have an ownership interest with respect to allowances held in the general account.

(b) The Account Representative shall submit to [state or tribe] and the Tracking System Administrator a signed and date d Account Certificate of Repr esentation (Certificate) that contains the following elements:

(1) The name, address, e-mail (if availa ble), telephone and facsimile number of the Account Representati ve and any alternate;

(2) The organization name;

(3) The following certification statement:

“I certify that I was selected as the Account Representative or alternate Account Representative, as applicable, by an agreement binding on all persons who ha ve an ownership interest in allowances in the general ac count with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order15 issued to me by the [state or tribe] regarding the general

account.”

(c) Upon receipt by the [state or tribe] of the complete Certificate, the Account Representative represents and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard in all matters concerning the general account. Such persons shall be bound by any decision or orde r issued by [state or tribe]

(d) No WEB Allowance Tracking System gene ral account shall be established until the Tracking System Administrator has received a complete Certificate. Once the account is established, the Account Representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

4. Requirements and Responsibilities

Each submission for the general account shal l be signed and certified by the Account Representative for the general account. Each submission shall include the following truth and accuracy certification statement by the Account Representative:

“I am authorized to make this submission on behalf of all person who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I cer tify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aw are that there are significant penalties for submitting false st atements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

5. Changing the Account Representative

The Account Representative or al ternate Account Representative may be changed at any time by sending a complete superseding Ce rtificate to the [state or tribe] and the Tracking System Administrator under section H3(b) of this rule, w ith the change taking eff ect upon receipt of such Certificate by the [state or tribe]. Notwithstandi ng any such change, all representations, actions, inactions, and submissions by the previous Account Representative or alternate prior to the time and date when the [state or tribe] receives the superseding Certificate sh all be binding on the new Account Representative and all pe rson having ownership interest w ith respect to allowances held in the general account.

6. Changes to the Account16 Any change to the information required in the application for an exis ting account under H1 of this Rule shall require a revision of the application.



### I. Monitoring, Recordkeeping and Reporting

1. General Requirements

(a) For each SO 2 emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO 2 mass emissions:

(1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in Part 75 with respect to monitorin g, recording and reporting SO 2 mass emissions. [as necessary, insert state/trib e rule language to addre ss changes to 40 CFR Part 75.]

(2) If a unit is not subject to 40 CFR Pa rt 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable:

(A) A continuous emission monitoring system (CEMS) for SO 2 and flow that complies with all applicable monito ring provisions in 40 CFR Part 75;

(B) If the unit is a gas- or oil-fi red combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO 2 mass emissions only) of section 75.19 of 40 CFR Part 75;

(C) One of the optional WEB protocols, if applicable, in Appendix A to this Rule; or

(D) A petition for site-specific mon itoring that the source submits for approval by [state or tribe], and approval by the U.S. Environmental Protection Agency in accordance with S ection I8(e) of this Rule (relating to petitions).

(3) A permanently retired unit shall not be required to monito r under this Section if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (3) and the Account Representative certifies in accordance with Section L2 of this Rule that these

conditions were met.

(b) Notwithstanding paragraph (a) of this Sec tion, the owner or operator of a unit that

meets one of the conditions of paragraph (b)(1) may elect to ha ve the provisions of this paragraph (b) appl y to that unit.

(1) Any of the following units may implement this paragraph (b):17 (A) Any smelting operation where all of the emissions from the operation are not ducted to a stack; or

(B) Any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery.

(C) Any other type of unit without add-on SO 2 control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) pr ovided in Section C1 of the Implementation Plan.

(2) For each unit covered by this paragraph (b), the A ccount Representative shall submit a notice to request that this pa ragraph (b) apply to one or more SO 2 emitting units at a WEB source. The noti ce shall be submitted in accordance with the compliance dates specified in Section I6 (a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related informa tion as may be requested):

(A) A notice of all units at the applic able source, specifying which of the units are to be covered by this paragraph (b);

(B) Consistent with the emissi on estimation methodology used to determine the floor level (and reducible allocation) for the source in

accordance with Section C1 of the Im plementation Plan, the portion of the

WEB source's overall allowance allocati on that is attributable to any unit(s) covered by this paragraph; and

(C) An identification of any such uni ts that are perm anently retired.

(3) For each new unit at an existing WE B source for which the owner or operator seeks to comply with this paragraph (b ) and for which the Account Representative applies for an allocation under the new s ource set-aside provisions of Section G6 of this Rule, the Account Representati ve shall submit a modified notice under paragraph (b)(2) that includes such new SO 2 emitting unit(s). The modified notice

shall be submitted in accordance with the co mpliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted under Section G6

of this Rule for allocations from the set-aside.

(4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issu e a notice to the source to exclude any units that do not qualify under this para graph (b) or to adjust the portion of

allowances attributable to units that do qualify to be c onsistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. Any such notice shall be provided within 180 days after the date on

which the notice from the WEB source was received.18 (5) [State or tribe] shall hold allowan ces equal to the adjust ed portion of the WEB source's allowances under paragraphs (b)(2 ), (b)(3), and (b)(4) in an account maintained by [state or tribe], provide d that no such hold back of the WEB source's allocation will be required for a ny unit that is permanently retired.

(6) The Account Representative for a WEB source shall submit an annual

emissions statement for each unit under this paragraph (b). The WEB source shall maintain operating records sufficient to estimate annual emissions in a manner

consistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. [State or tribe] will retire the allowances held under paragraph (b)(5) to account for the emissions from such units. In addition, if the es timated emissions from all such units at the WEB source are greater than the allowances held under paragraph (b)(5) for the WEB source, the Account Representative will report the excess amount as part of the cumulative annual emissions report for the WEB source and be required to use other allowances in the compliance acc ount for the WEB source to account for such emissions, in accordance with Section I8 of this Rule.

(7) The remaining provisions of this Sec tion I shall not apply to units covered by this paragraph except where otherwise noted.

(8) A WEB source may opt to modify the monitoring for an SO 2 emitting unit to use monitoring under Section I1 (a) of this Rule, but a ny such monitoring change must take effect on January 1 of the next compliance year. In addition, the Account Representative must submit an in itial monitoring plan at least 180 days prior to the date on which the new mon itoring will take effect and a detailed monitoring plan in accord ance with Section I2 of this Rule. The Account Representative shall also submit a revi sed notice under paragraph (b)(2) at the

same time that the initial monitoring plan is submitted.

(c) For any monitoring method that the ow ner or operator uses under this Section (including paragraph (b)), the owner or operator (and, as applicable, the Account Representative) shall implement, certify, a nd use such method in accordance with this Section, and record and report the data from such method as required in this Section. In addition, the owner or operator (and, as applicable, the Acco unt Representative) may not:

(1) Use an alternative m onitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accord ance with Section I8(e) of this Rule (relating to petitions);

(2) Operate an SO 2 emitting unit so as to discharge, or allow to be discharged,

SO 2 emissions to the atmosphere wit hout accounting for these emissions in accordance with the applicable pr ovisions of this Section;19 (3) Disrupt the approved monitoring met hod or any portion thereof, and thereby avoid monitoring and recording SO 2 mass emissions discharged into the atmosphere, except for periods of recert ification or period s when calibration, quality assurance testing or maintenan ce is performed in accordance with the applicable provisions of this Section; or

(4) Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances:

(A) During a period when the unit is ex empt from the requirements of this Section, including retirement of a unit as addressed in Section I1(a)(3);

(B) The owner or operator is mon itoring emissions from the unit with another certified monitoring method appr oved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or

(C) The Account Representative su bmits notification of the date of certification testing of a replacemen t monitoring system in accordance with this Section, and the owner or operator recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section.

2. Monitoring Plan

(a) General Provisions. The owner or operator of an SO 2 emitting unit that uses a monitoring method under Sect ion I1(a)(2) of this Rule shall meet the following requirements:

(1) Prepare and submit to [state or trib e] an initial monito ring plan for each monitoring method that the owner or operato r uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the pl an shall contain sufficient information on the units involved, the a pplicable method, and the use of data

derived from that method to demonstrate that all unit SO 2 emissions are monitored and reported. The plan shall be submitted in accordance with the compliance dates specified in Section I5 of this Rule.

(2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan at least 45 days prior to the first day of cer tification testing. Th e plan will contain the applicable information required by para graph I2(d) of this Rule. [State or tribe] may require that the monitoring plan (or portions thereof) be submitted electronically. The [state or tribe] also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section I8(a) of this Rule or resubm itted separately within 30 days after any change is made to the plan in accord ance with the following paragraph (a)(3).20 (3) Whenever the owner or operator makes a replacement, modification, or change in one of the systems or methodol ogies provided for in Section I1(a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affect s information reported in the monitoring plan (e.g., a change to serial number fo r a component of a monitoring system), then the owner or operator shall update the monitoring plan.

(b) The owner or operator of an SO 2 emitting unit that uses a method under Section I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a program other than this WEB Trading Program) shall meet the require ments of Section I2(a )-(f) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the owner or operator also shall submit the entire monitoring plan to [state or tribe] upon request.

(c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO 2 emitting unit (or group of units sharing a common methodology) that, except as otherwise specifie d in an applicable provision in Appendix A, contains the following information:

(1) For all SO 2 emitting units involved in the monitoring plan:

(A) Plant name and location;

(B) Plant and unit identi fication numbers assigned by [state or tribe];

(C) Type of unit (or units for a group of units using a common monitoring methodology);

(D) Identification of all stacks or pipes associated with the monitoring plan;

(E) Types of fuel(s) fired (or sulfur containing process materials used in

the SO 2 emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology;

(F) Type(s) of emissi ons controls for SO 2 installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process;

(G) Maximum hourly heat input capacit y, or process throughput capacity, if applicable;

(H) Identification of all un its using a common stack; and

(I) Indicator of whether any stack identif ied in the plan is a bypass stack.21 (2) For each unit and parameter require d to be monitored, identification of monitoring methodology information, c onsisting of monitoring methodology, monitor locations, substitute data ap proach for the methodology, and general identification of quality assurance proce dures. If the proposed methodology is a site-specific methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, the description under this paragraph sha ll describe fully all aspects of the monitoring equipment, installation lo cations, operating characteristics, certification testing, ongoing quality assu rance and maintenan ce procedures, and substitute data procedures.

(3) If the WEB source intends to petition for a change to any specific monitoring requirement otherwise required under th is Section, such petition may be submitted as part of the initial monitoring plan.

(4) [State or tribe] may issue a notice of approval or disapp roval of the initial monitoring plan based on the complian ce of the proposed methodology with the requirements for monitoring in this Secti on. Except for any petition contained in the initial monitoring plan, if such notice is not issued within 180 days after the date on which [state or tribe] received th e initial monitoring plan, the plan shall be deemed approved.

(d) Detailed Monitoring Plan. The Account Representative sha ll submit a detailed monitoring plan that, except as otherwise sp ecified in an applicable provision in Appendix A, shall contain the following information:

(1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer and/or probe) in a CEMS (e.g., SO 2 pollutant concentration monito r, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D m onitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including:

(A) Manufacturer, model number and serial number;

(B) Component/system identification code assigned by the facility to each identifiable monitoring component, su ch as the analyzer and/or probe;

(C) Designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant co ncentration monitor or thermal flow monitor);

(D) Designation of the system as a primary or backup system;

(E) First and last dates the system reported data;

(F) Status of the monitoring component; and22 (G) Parameter monitored.

(2) Identification and descri ption of all major hardware and software components of the automated data acquisiti on and handling system, including:

(A) Hardware components that perform emission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and

(B) Software components (provide th e identification of the provider and model/version number).

(3) Explicit formulas for each measured emissions parameter, using component/system identification codes for the monitoring system used to measure the parameter that links the system observ ations with the reported concentrations

and mass emissions. The formulas must c ontain all constants and factors required to derive mass emissions from compone nt/system code observations and an

indication of whether the formula is being added, corrected, deleted, or is unchanged. The owner or operator of a low mass emissions unit for which the owner or operator is using the opt ional low mass emissions excepted methodology in section 75.19(c) of 40 CFR Part 75 is not required to report such

formulas.

(4) Inside cross-sectional area (ft 2 ) at flow monitoring lo cation (for units with flow monitors, only).

(5) If using CEMS for SO 2 and flow, for each parameter monitored: scale, maximum potential concentration (a nd method of calculation), maximum expected concentration (if applicable ) (and method of calculation), maximum potential flow rate (and method of calcula tions), span value, full-scale range, daily calibration units of measure, span effectiv e date/hour, span inac tivation date/hour, indication of whether dual spans are requi red, default high range value, flow rate span, and flow rate span value and full sc ale value (in scfh) for each unit or stack using SO 2 or flow component monitors.

(6) If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following informati on for each value of such parameter:

(A) Identification of the parameter;

(B) Default, maximum, minimum, or c onstant value, and units of measure for the value;

(C) Purpose of the value;23 (D) Indicator of use during controlled/uncontrolled hours;

(E) Types of fuel;

(F) Source of the value;

(G) Value effective date and hour;

(H) Date and hour value is no longe r effective (if applicable); and

(I) For units using the excepted methodology under section 75.19 of 40 CFR Part 75, the applicable SO 2 emission factor.

(7) Unless otherwise specified in sect ion 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on wh ich hardware CEMS are installed:

(A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), or thousand of lb/hr of steam, or ft/sec (as applicable);

(B) The load or operating level(s) designated as normal in section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thous ands of lb/hr of steam, or ft/sec (as applicable);

(C) The two load or operating levels (i .e., low, mid, or high) identified in section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used;

(D) The date of the data analysis us ed to determine the normal load (or operating) level(s) and the two most frequently-used load (or operating) levels; and

(E) Activation and deactivation dates when the normal load or operating level(s) change and are updated.

(8) For each unit that is complying w ith 40 CFR Part 75 for which the optional

fuel flow-to-load test in section 2.1.7 of appendix D to 40 CFR Part 75 is used:

(A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), expressed in thousand of lb/hr of steam;

(B) The load level designated as normal, pursuant to section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam;

and24 (C) The date of the load analysis used to determine the normal load level.

(9) Information related to quality assura nce testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibra tion gas levels (percent of span) for the calibration error test and linearity check; calculations for determining maximum potential concentration, maximum expect ed concentration (if applicable), maximum potential flow rate, and span;

(10) If applicable, apportionment stra tegies under sections 75.10 through 75.18 of

40 CFR Part 75.

(11) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams a nd engineering drawings and any other

documentation that demonstrates each m onitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include:

(A) A schematic diagram identifying en tire gas handling system from unit to stack for all units, using identi fication numbers for units, monitor components, and stacks correspondin g to the identif ication numbers provided in the initial monitoring plan and paragraphs (d)(1) and (3). The schematic diagram must depict the height of any monitor locations. Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common stack.

(B) Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method sampling ports , and other equipment that affects the monitoring system location, performa nce, or quality control checks.

(12) A data flow diagram denoting the co mplete information handling path from output signals of CEMS com ponents to final reports.

(e) In addition to supplying the information in paragraphs (c) and (d) above, the owner or operator of an SO 2 emitting unit using either of the methodologies in paragraph I.1(a)(2)(B) of this Section shall include the following inform ation in its monitoring plan for the specific situations described:

(1) For each gas-fired or oil-fired SO 2 emitting unit for which the owner or operator uses the optional protocol in appendix D to 40 CFR Part 75 for SO 2 mass emissions, the Account Representative sh all include the following information in the monitoring plan:

(A) Parameter monitored;25 (B) Type of fuel measured, maximum fu el flow rate, units of measure, and

basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter;

(C) Test method used to check the ac curacy of each fuel flowmeter;

(D) Submission status of the data;

(E) Monitoring system identification code;

(F) The method used to demonstrate that the unit qualifies for monthly GCV sampling or for daily or annual fu el sampling for sulfur content, as applicable;

(G) A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmete r(s), and the stack(s). The schematic diagram must depict the installation location of e ach fuel flowmeter and the fuel sampling location(s). Compre hensive and/or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(H) For units using the optional default SO 2 emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;

(I) For units using the 720 hour test under section 2.3.6 of appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and

(J) For units using the 720 hour test under section 2.3.5 of appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures us ed and the results of the test.

(2) For each SO 2 emitting unit for which the owner or operator uses the low mass emission excepted methodology of sec tion 75.19 to 40 CFR Part 75, the designated representative shall include the following information in the monitoring plan that accompanies the initial certification application:

(A) The results of the analysis performed to qualify as a low mass emissions unit under section 75.19(c) to 40 CFR Part 75. This report will include either the previous three y ears actual or projected emissions. The following items should be included:

(i) Current calendar year of application;26 (ii) Type of qualification;

(iii) Years one, two, and three;

(iv) Annual measured, estimated or projected SO 2 mass emissions for years one, two, and three; and

(v) Annual operating hours fo r years one, two, and three.

(B) A schematic diagram identifying the relationship betw een the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(C) For units which use the long term fuel flow methodology under section 75.19(c)(3) to 40 CFR Part 75, a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units;

(D) A statement that the unit burns only gaseous fuel(s) and/or fuel oil and

a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuel(s) and/or fuel oil and a list of the fuels that are projected to be burned;

(E) A statement that the unit meets the applicability requirements in sections 75.19(a) and (b) to 40 CFR Part 75 with respect to SO 2 emissions;

and

(F) Any unit historical actual, estimated and projected SO 2 emissions data

and calculated SO 2 emissions data demonstrating that the unit qualifies as

a low mass emissions unit under secti ons 75.19(a) and (b) to 40 CFR Part

75.

(3) For each gas-fired unit the Account Representative shall include the following in the monitoring plan: current calendar ye ar, fuel usage data as specified in the definition of gas-fired in section 72.2 of 40 CFR Part 72, and an indication of

whether the data are actual or projected data.

(f) An operating permit for a WEB source issued in accordance with Title V of the Clean Air Act shall require a source to maintain a de tailed monitoring plan in accordance with this Part, but the specific elements of the plan shall not be part of the permit, and modifications to the elements of the plan shall not require a pe rmit modification.

3. Certification/Recertification27 (a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or Appendix A to this Rule, as applicable. Certification or

recertification of a monitori ng system by the U.S. Environmental Protection Agency for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program.

(b) The owner or operator of an SO 2 emitting unit not otherwise subject to 40 CFR Part

75 that monitors SO 2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this Section sh all perform all of the tests re quired by that regulation and shall submit the following:

(1) A test notice, not late r than 21 days before the certification testing of the monitoring system, provided that [state or tribe] may establish additional requirements for adjusting test dates after th is notice as part of the approval of the initial monitoring plan under para graph I2(c) of this Rule; and

(2) An initial certification application with in 45 days after testing is complete. A monitoring system will be considered provi sionally certified while the application is pending, and the system sh all be deemed certified if [state or tribe] does not approve or disapprove the system within six months after the date on which the application is submitted.

4. Ongoing Quality Assurance and Quality Control

The WEB source shall satisfy the applicable quality assurance and quality control requirements of Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, the applicable quality assurance and qua lity control requirem ents in Appendix A on and after the date that certification testing commences.

5. Substitute Data Procedures

(a) For any period after certificat ion testing is complete in wh ich valid data are not being recorded by a monitoring system specified in this Rule, missing or invalid data shall be replaced with substitute data in accordance w ith 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, with substitute data in accordance with Appendix A.

(b) For an SO 2 emitting unit that does not have a cer tified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Progr am, the owner or operator shall:

(1) If the owner or operator will use a CEMS to comply with this Section, substitute the maximum poten tial concentration of SO 2 for the unit and the maximum potential flow rate, as determin ed in accordance with 40 CFR Part 75. The procedures for conditional data valid ation under section 75.20(b)(3) may be28 used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable;

(2) If the owner or operator will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potentia l sulfur content, density or gross

calorific value for the fuel and the maximum potential fuel flow rate, in

accordance with section 2.4 of A ppendix D to 40 CFR Part 75;

(3) If the owner or operator will use the 40 CFR Part 75 LME methodology,

substitute the SO 2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat inpu t, as defined in 40 CFR 72.2; or

(4) If using a protocol in Appendix A to this Rule, follow the procedures in the applicable protocol.

6. Compliance Dates

(a) The initial monitoring plan sha ll be submitted by the following dates:

(1) For each source that is a WEB sour ce on or before the Program Trigger Date, the monitoring plan shall be submitted 180 days after such Program Trigger Date.

(2) For any existing source that becomes a WEB source after the Program Trigger Date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in whic h the source exceeded the emissions

threshold.

(3) For any new WEB source, the monito ring plan shall be included with the permit application for New Source Review. [State or tribe shall modify the language as necessary to conform with their new source review rules.]

(b) Emission monitoring systems shall be inst alled, operational and shall have met all of the certification testing requi rements of this Section I (including any referenced in Appendix A) by the following dates:

(1) For each source that is a WEB source on or before the Program Trigger Date, two years prior to the start of the first c ontrol period as described in Section L of

this Rule.

(2) For any existing source that becomes a WEB source after the Program Trigger Date, one year after the due date for th e monitoring plan under I1(c)(2) of this

Rule.

(3) For any new WEB source, the earlier of 90 unit operating days or 180 calendar days after the date the ne w source commences operation.29 7. Recordkeeping

(a) Except as provided in Section I7(b), the WEB source shall keep copies of all reports, registration materials, compliance certificatio ns, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. Unless otherwise requested by the WEB source and approved by [state or tribe], the copies shall be kept on site.

(b) The WEB source shall keep all Account Cert ificates of Representa tion on site at the source through the year 2018.

(c) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measur ements, hourly averages for SO 2 , stack flow, fuel flow, or other continuous measurements, as applicable , and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO 2 emitting unit that uses a Part 75 monitoring method to meet th e requirements of this Section.

8. Reporting

(a) Quarterly Reports. For each SO 2 emitting unit, the Accoun t Representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by [state or tribe] and shall be submitted in a manner compatible with the emissions tracking databa se designed for the WEB Trading Program. [State or tribe] may require the WEB s ource to submit hourly a nd quality assurance activity information comparable to quarterl y reports under 40 CFR Part 75. If the owner or operator submits a quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no additional re port under this paragraph (a ) shall be required, provided, however, that [state or tribe] may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO 2 mass emissions) be submitted separately to [state or tribe].

(b) Annual Report. Based on the quarterly reports, each WEB source shall submit an

annual statement of total annual SO 2 emissions for all SO 2 emitting units at the source. The annual report shall contain four elements: total emissions for all units monitored in accordance with Section I1(a) of this Rule; total emissions for all units with emissions

estimated in accordance with Sect ion I1(b) of this Rule; the number of tons, if any, of

SO 2 emissions estimated under Section I1(b) of this Rule that are s ubject to deduction of allowances from the source's compliance account in accordance with Section I1(b)(6);

and the total number of SO 2 tons subject to deduction of allowances from the source's compliance account in accordance with Section L of this Rule. The annual report shall be submitted within 30 days after the end of a control period.

(c) [State or tribe] may direct that any monitoring plan, report, certification/recertification, or emissions data required to be submitted under this Section be submitted to the Tracking System Administrator.30 (d) [State or tribe] may review and reject any report submitted under this Section I7 that contains errors or fails to satisfy the re quirements of this Section, and the Account Representative shall resubmit the re port to correct any deficiencies.

(e) Petitions. A WEB source may petition for an alternative to any requirement specified in Section I1(a)(2). The petiti on shall require approval of [sta te or tribe] and the U.S. EPA Administrator. Any petition submitted unde r this paragraph shall include sufficient information for the evaluation of the peti tion, including, at a minimum, the following

information:

(1) Identification of the WEB source and applicable SO 2 emitting unit(s);

(2) A detailed explanation of why the proposed alternativ e is being suggested in lieu of the requirement;

(3) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable;

(4) A demonstration that the proposed alte rnative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of this Rule and that any adve rse effect of approving such alternative

will be de minimis ; and

(3) Any other relevant information that [state or tribe] may require.

(f) For any monitoring plans, reports, or ot her information submitted under Section I of this Rule, the Account Repres entative shall ensure that, where applicable, identifying

information is consistent with the identif ying information provided in the most recent certificate of representation for the WEB source submitted under Section E of this Rule.



### J. Allowance Transfers

1. Procedure

To transfer allowances, the Account Representati ve shall submit the following information to the Tracking System Administrator:

(a) The transfer account number(s ) identifying the transferor account;

(b) The transfer account number(s ) identifying the transferee account;

(c) The serial number of each al lowance to be transferred; and

(d) The transferor’s Account Representati ve’s name and signature and date of

submission.31 2. Deadline

The allowance transfer deadline is midnight Pacifi c Standard Time March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the control period. By this time, the transfer of the allowances into the WEB source’s compliance account must be correctly submitted to the Tr acking System Administrator in order to demonstrate compliance under Section L1 of the rule for that control period.

3. Retirement of Allowances

To transfer allowances for the purpose of retirement, the Account Representative shall submit the following information to the Tracking System Administrator:

(a) The transfer account number(s) id entifying the tran sferor account;

(b) The serial number of each allowance to be retired; and

(c) The transferor’s Account Representative’s name and signature and date of submission accompanied by a signed statement acknowledgi ng that each retired allowance as no longer available for future transfers from or to any account.



### K. Use of Allowances from a Previous Year

1. Any allowance that is held in a compliance a ccount or general account will remain in such an

account unless and until the allowance is deducte d in conjunction with the compliance process,

or transferred to another account.

2. In order to demonstrate compliance under secti on L1 of this rule fo r a control period, WEB sources shall only use allowances allocated for th at current control period or any previous year.

3. If flow control procedures for the current c ontrol period have been tr iggered as outlined in

Section C4.2 of the SO 2 Milestones and Backstop Trading Program Implementation Plan, then the use of allowances that were allocated for any previous year will be limited as follows:

(a) The number of allowances that are he ld in each complian ce account and general

account as of the allowance tran sfer deadline for the immediat ely previous year and that were allocated for any previous year will be determined.

(b) The number determined in (a) will be multiplied by the flow control ratio established

in accordance with Section C7.1 C4.2 of the SO 2 Milestones and Backstop Trading Program Implementation Plan to determine the number of allowances that were allocated for a previous year that can be used without restriction fo r the current co ntrol period.32 (c) Allowances that were allocated for a previous year in excess of the number determined in (b) may also be used for the current control period. If such allowances are used to make a deduction, two allowances must be deducted for each deduction of one allowance required under Sec tion L of this Rule.

4. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has

been determined in accordance wi th Section L1 of this Rule, a llowances allocated for any year prior to 2018 shall not be used for determini ng compliance with the 2018 allowance limitation or any future allowance limitation.



### L. Compliance

1. Compliance with Allowance Limitations

(a) The WEB source must hold allowances, in accordance with Section L1(b) and Section K of this Rule, as of the allowance transf er deadline in the WEB source’s compliance account (together with any curre nt control year allowances held for the WEB source by the [state or tribe] under Secti on I1(b) of this Rule) in an amount not less than the total

SO 2 emissions for the control period from the WEB source, as determined under the monitoring and reporting requirement s of Section I of this Rule.

(1) For each source that is a WEB source on or before the Program Trigger Date, the first control period is th e calendar year that is six years following the calendar year for which SO 2 emissions exceeded the milestone in accordance with procedures in Section A of the SO 2 Milestones and Backstop Trading Program Implementation Plan.

(2) For any existing source that becomes a WEB source after the Program Trigger Date, the first control period is the calenda r year that is four years following the inventory year in which the source exceeded the SO 2 emissions threshold.

(3) For any new WEB source after the Pr ogram Trigger Date the first control period is the first full calendar year that the source is in operation.

(4) If the WEB Trading Program is trigge red in accordance with the 2013 review procedures in section A4 of the SO 2 Milestones and Backstop Trading Program implementation plan, the first control period for each source that is a WEB source on or before the Program Trigger Date is the year 2018.

(b) Allowance transfer deadline

An allowance may only be deducted from the WEB source’s compliance account if:

(1) the allowance was allocated for th e current control period or meets the requirements in Section K of this Rule for use of allowances from a previous control period, and33 (2) the allowance was held in the WEB source’s compliance account as of the

allowance transfer deadline for the current control period, or wa s transferred into the compliance account by an allowance tran sfer correctly submitted for recording by the allowance transfer deadline for the current control period.

(c) Compliance with allowance limitations shall be determined by comparing the following two numbers:

(1) the monitored SO 2 emissions data reported by the s ource to [state or tribe], in accordance with Section I of this Rule, and recorded in the emissions tracking

database and

(2) the allowance allocations and transfers recorded in the Allowance Tracking System, adjusted in accordance w ith Section K of this Rule.

(d) To the extent consistent with Section K of this Rule, 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 thei r recording in the WEB source’s compliance account, beginning with the allowances allocat ed 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 allo wances held by the [state or tribe] for compliance at a WEB source pursuant to Section I1(b) of this Rule shall be deducted as specified in that Section.

2. Certification of Compliance

(a) For each control period in which a WEB sour ce is subject to the allowance limitation, the Account Representative of the source sha ll submit to [state or tribe] a Compliance Certification report for the source.

(b) The Compliance Certification report shall be submitted no later than the allowance transfer deadline of each control pe riod, and shall contain the following:

(1) Identification of each WEB source;

(2) At the Account Representative’s option, the serial numbers of the allowances

that are to be deducted from a source’ s compliance account for compliance with the allowance limitation; and

(3) The Compliance Certification report accord ing to subpart (c) of this section.

(c) In the Compliance Certification report, the Account Representative shall certify, based on reasonable inquiry of those persons with pr imary responsibility for34 operating the WEB source in compliance w ith the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated during the control period covered by the re port in compliance with the requirements of the WEB Trading Program appli cable to the source including:

(1) Whether the WEB source operated in compliance with the SO 2 allowance limitation;

(2) Whether SO 2 emissions data has been submitted to [states or tribe] in

accordance with Section I1of this Rule a nd other applicable guidance, for review, revision as necessary, and finaliz ation for forwarding to the SO 2 Allowance Tracking System for recording;

(3) Whether the monitoring plan that governs the WEB source has been maintained to reflect the actual opera tion and monitoring of the source, and contains all information necessary to attribute SO 2 emissions to the source, in

accordance with Section I1 of this Rule;

(4) Whether all the SO 2 emissions from the WEB s ource if applicable, were

monitored or accounted for either thr ough the applicable monitoring or through application of the appropriat e missing data procedures;

(5) If applicable, whether any SO 2 emitting unit for which the WEB source is not required to monitor in accordance with Section I1A(3) of this rule remained permanently retired and had no emissions fo r the entire applicable period; and

(6) Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertificat ion. If there were any such changes, the report must specify the nature, reas on, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the

method to determine SO 2 emissions.

3. Penalties for any WEB source ex ceeding its allowance limitations

(a) Allowance deduction penalties

If emissions from a WEB source exceed the allowance limitation for a control period, as determined in accordance with Section L1 of this Rule, the source’s allowances held in its compliance account will be reduced by an amount equal to

two 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 will 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.35 (2) Any allowance deducti on required under this Secti on shall not affect the liability of the owners a nd operators of the WEB sour ce 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..

(b) Financial penalties

A financial penalty of $5,000 per ton of SO 2 emissions in excess of the WEB source’s

allowance limitation shall be levied.

4. Liability

(a) WEB Source liabil ity for non-compliance Separate and regardless of any automatic penalties assessed for allowance deduction penalty and financial penalty, a WEB source that violates an y requirement of this Rule, including monitoring record k eeping and reporting requirements, is subject to civil and criminal penalties under [state or tribe] law and the Clean Air Act. Each day of the control period is a separate violation, and each ton of SO 2 emissions in excess of a

source’s allowance limitation is a separate violation.

(b) General liability [State or tribe] may or may not be able to adopt the liabil ity provisions. If a state has existing liability Rules, those can be referenced in this location.]

(1) Any provision of the WEB Trading Pr ogram that applies to a source or an Account Representative sha ll apply also to the owners and operators of such

source.

(2) Any person who violates any requirem ent or prohibition of the WEB Trading Program will be subject to enforcement pur suant to applicable state, tribal or

federal law.

(3) Any person who knowingly makes a fals e material statement in any record, submission, or report under this WEB Tr ading Program shall be subject to criminal enforcement pursuant to the applic able state, tribal or federal law.



### M. Special Penalty Provisions for the 2018 Milestone

1. If the WEB Trading Program is triggered as outlined in Section A of the SO 2 Milestones and Backstop Trading Program Implementation Plan, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year.

(a) All WEB sources shall register, and open a compliance account within 180 days after the Program Trigger Date, in accordance with Sections F1 and H of this Rule.36 (b) The Tracking System Administrator will record the allowances for the 2018 control period for each WEB source in the source’s compliance account once [state or tribe]

allocates the 2018 allowances under Section C1 and D1 of the SO 2 Milestones and Backstop Trading Program Implementation Plan.

(c) The allowance transfer deadline is midnight Pacific Standard Time on May 30, 2021. WEB sources may transfer allowances as provi ded in Section J1 of this Rule until the

allowance transfer deadline.

(d) A WEB source must hold allowances allo cated for 2018 including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO 2 emissions for 2018. Emissions are determined us ing the pre-trigger monitoring provisions

in Section B of the SO 2 Milestones and Backstop Tradi ng Program Implementation Plan, and [refer to state or tribe emissi on inventory or equivalent rule].

(e) An allowance deduction penalty and financia l penalty shall be assessed and levied in accordance with Sections K4, L1(d) and L3 of this Rule, except that SO 2 emissions shall

be determined under Secti on M1(d) of this Rule.

2. If the program has been triggered and provisi on M1 is implemented, the provisions of M3 of this Rule shall apply for each year after the 2018 emission year until:

(a) The first control period unde r the WEB trading program; or

(c) [State or Tribe] determined, in accordance with section A3.10 of the Implementation Plan, that the 2018 SO2 milestone has been met.

3. If provision M1 was implemented, the following shall apply to each emissions year after the 2018 emissions year:

(a) The Tracking System Administrator will r ecord the allowances for the control period for the specific year for each WEB source in the source’s compliance account once [state or tribe] allocates the allowances under Sect ion C1 of the SO2 M ilestones and Backstop Trading Program Implementation Plan.

(b) The allowance transfer deadline is midni ght Pacific Standard Time on March 1 of each year (or if this date is not a business day, midnight of the first business day thereafter) following the end of the specific emissions year. WEB sources may transfer allowances as provided in Section J1 of this Rule until the allowance transfer deadline.

(c) A WEB source must hold allowances allocate d for that specific emissions year, or any year after 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance tran sfer deadline, in an amount not less than

the WEB source’s total SO 2 emissions for the specific emissions year. Emissions are determined using the pre-trigger monito ring provisions in Section B of the SO 237 Milestones and Backstop Trading Program Impl ementation Plan, and [refer to state or tribe emission inventory or equivalent rule].

(d) An allowance deduction penalty and financia l penalty shall be assessed and levied in accordance with Sections K4, L1(d) and L3 of this Rule, except that SO 2 emissions shall

be determined under Secti on M3(c) of this Rule.38 APPENDIX A: WEB MODEL RU LE MONITORING PROTOCOLS

Protocol WEB-1: SO 2 Monitoring of Fuel Gas Combustion Devices

1. Applicability

(a) The provisions of this protocol are a pplicable to fuel gas combustion devices at petroleum refineries.

(b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery.

(c) Fuel gas means any gas which is generate d and combusted at a petroleum refinery. Fuel gas does not include: (1) natural gas, unl ess combined with other gases generated at a petroleum refinery, (2) gases generated by a ca talytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or

malfunctions.

2. Monitoring Requirements

(a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the

total sulfur conten t (reported as H 2 S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount of fuel gas burned.

(1) Fuel gas combustion devices having a common source of fuel gas may be

monitored for sulfur content at one loca tion, if monitoring at that location is representative of the sulfur content of the fuel gas being burned in any fuel gas

combustion device.

(2) The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60, and the following:

(i) Continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H 2 S.

(ii) Have the span value set so that the majority of readings fall between 10 and 95% of the range.

(iii) Record negative va lues of zero drift.

(iv) Calibration drift shal l be 5.0% of the span.39 (v) Methods 15A, 16, or approved alte rnatives for tota l sulfur, are the

reference methods for the relative accu racy test. The relative accuracy test

shall include a bias test in accordance with paragraph 4(c) of this section.

(3) All continuous fuel flow meters shall comply with the appli cable provisions of Appendix D to 40 CFR Part 75.

(4) The hourly mass SO 2 emissions shall be calculated using the following equation:

E = ( C S )( Q f )( K )

where: E = SO 2 emissions in lbs/hr

C

S = Sulfur content of the fuel gas as H 2 S(ppmv) Q

f = Fuel gas flow rate (scfh)

K

= 1.660 x 10 -7 (lb/scf)/ppmv

(b) In place of a CFGMS in pa ragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel ga s may be monitored with an SO 2 CEMS and flow CEMS at only one location, if the CEMS monito ring at that location is representative of

the SO 2 emission rate (lb SO 2 /scf fuel gas burned) of all applicable fuel gas combustion

devices. Continuous fuel flow meters shall be used in accordance with paragraph (b), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering.

(1) Each CEMS for SO 2 and flow shall comply with the operating requirements, performance specifications, and quality a ssurance requirements of 40 CFR Part

75.

(2) All continuous fuel flow meters shall comply with the appli cable provisions of Appendix D to 40 CFR Part 75.

(3) The SO 2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the amount of fuel gas burned by the CEMS-monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion de vices using the following equation:

E t

= (E

m ) ( Q t )/( Q

m )

where: E t = Total SO 2 emissions in lbs/hr from applicable fuel gas

combustion devices.

E

m = SO 2 emissions in lbs/hr from the CEMS-monitored fuel gas

combustion device. Q t = Fuel gas flow rate (scfh) from applicable fuel gas combustion

devices. Q

m = Fuel gas flow rate (scfh) from the CEMS-monitored fuel gas

combustion device.40 (c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel ga s may be monitored with an SO 2 - diluent CEMS at only one location, if the CEMS monitoring at that location is repr esentative of the SO 2 emission rate (lb SO 2 /mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator sha ll conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use co ntinuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device.

(1) Each SO 2 -diluent CEMS shall comply with the applicable provisions for SO 2 monitors and diluent monito rs in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix F to Part 75 for determining SO 2 emission rate (lb/mmBtu) by substituting the term SO 2 for NO

x in that section.

(2) All continuous fuel flow meters a nd fuel gas sampling and analysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions of Appendix D to 40 CFR Part 75.

(3) The SO 2 mass emissions for all the fuel gas combustion devices monitored by this approach shall be determined by the ratio of the fuel ga s heat input to the CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all applicable fuel gas combustion de vices using the following equation:

E t

= (E

m ) ( H t )/( H

m )

where: E t = Total SO 2 emissions in lbs/hr from applicable fuel gas

combustion devices.

E

m = SO 2 emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device.

H

t = Fuel gas heat input (mmBtu /hr) from applicable fuel gas

combustion devices.

H

m = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored fuel gas combustion device.

3. Certification/Recertification Requirements

All monitoring systems are subject to initia l certification and recer tification testing as

follows:

(a) The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B of 40 CFR Part 60 and paragraph 2 (a)(2) of this section for each CFGMS.

(b) Each CEMS for SO 2 and flow or each SO 2 -diluent CEMS shall comply with the testing and calibration requirements specifi ed in 40 CFR Part 75, section 75.20 and41 Appendices A and B, except that each SO 2 -diluent CEMS shall meet the relative accuracy requirements for a NO

x -diluent CEMS (lb/mmBtu).

(c) A continuous fuel flow meter shall comply with the testing and calibration requirements in 40 CFR Part 75, Appendix D.

4. Quality Assurance/Quality Control Requirements

(a) A quality assurance/qual ity control (QA/QC) plan shall be developed and implemented for each CEMS for SO 2 and flow or the SO 2 -diluent CEMS in compliance with Appendix B of 40 CFR Part 75.

(b) A QA/QC plan shall be developed and im plemented for each continuous fuel flow meter and fuel sampling and analysis in co mpliance with Appendix B of 40 CFR Part 75.

(c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following:

(1) Perform a daily calibration erro r test of each CFGMS at two gas concentrations, one low level and one high le vel. Calculate the calibration error as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the error is greater than 5.0% of the span value.

(2) In addition to the daily calibration error test, an addi tional calibration error test shall be performed whenever a daily calib ration error test is failed, whenever a monitoring system is returned to servi ce following repairs or corrective actions that may affect the monitor measurem ents, or after making manual calibration adjustments.

(3) Perform a linearity test once every operating quarter. Calculate the linearity as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the linearity error is greater th an 5.0 percent of a reference value, and

the absolute value of the difference betw een average monitor response values and a reference value is greater than 5.0 ppm.

(4) Perform a relative accuracy test a udit once every four operating quarters. Calculate the relative accuracy as desc ribed in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the relative accuracy is greater than

20.0% of the mean value of the reference method measurements.

(5) Using the results of the relative accur acy test audit, condu ct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required.

5. Missing Data Procedures42 (a) For any period in which valid da ta are not being recorded by an SO 2 CEMS or flow CEMS specified in this section, missing or inva lid data shall be replaced with substitute data in accordance with the requireme nts in Subpart D of 40 CFR Part 75.

(b) For any period in which valid da ta are not being recorded by an SO 2 -diluent CEMS specified in this section, missing or invalid data shall be repla ced with substitute data on a rate basis (lb/mmBtu) in accordan ce with the requirements for SO 2 monitors in Subpart D

of 40 CFR Part 75.

(c) For any period in which valid data are no t being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analys is specified in this section, missing or invalid data shall be replaced with substitu te data in accordance with missing data requirements in Appendix D to 40 CFR Part 75.

(d) For any period in which valid data are no t being recorded by the CFGMS specified in this section, hourly missing or invalid data sh all be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in section 2.4 of Appendix D to 40 CFR Part 75.

6. Monitoring Plan and Reporting Requirements

In addition to the general monitoring plan a nd reporting requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements:

(a) The monitoring plan shall identify each gr oup of units that are monitored by a single monitoring system under this Protocol WEB-1, a nd the plan shall desi gnate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual un its within the group is required.

(b) If the provisions of para graphs 2(b) or (c) are use d, provide documentation and an explanation to dem onstrate that the SO 2 emission rate from the monitored unit is representative of the rate from non-monitored units.

Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure

Fabric Filter

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter , and (2) have operating conditions upstream

of the fabric filter that the WEB source documents would reasonably prevent reliable

flow monitor measurements.

2. Monitoring Requirements43 (a) A cement or lime kiln with a positive pressu re fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow.

(b) A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control de vice operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour.

(c) The PFMS shall meet the following performance specifications:

(1) The PFMS must allow for the automatic or manual determination of failed monitors. At a minimum a daily de termination must be performed.

(2) The PFMS shall have provisions to check the calibration error of each parameter that is individually measur ed. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full

scale. The reference value need not be certified.

(3) The relative accuracy of the PFMS must be < 10.0% of the reference method average value, and include a bias test in accordance with paragraph 4(c) of this

section.

3. Certification Requirements

The PFMS is subject to initial ce rtification testing as follows:

(a) Demonstrate the ability of the PFMS to identify automatically or manually a failed

monitor.

(b) Provide evidence of calibration testi ng of all monitoring e quipment. Any tests conducted within the previous 12 months of ope ration that are consistent with the QA/QC plan for the PFMS are acceptable for initial certifica tion purposes.

(c) Perform an initial relativ e accuracy test over the normal range of operating conditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required.

4. Quality Assurance/Quality Control Requirements

A QA/QC plan shall be developed and impl emented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following:44 (a) Perform a daily monitor failure check.

(b) Perform calibration tests of all monitors for each parameter included in the PFMS. At a minimum, calibrations shall be conducted pr ior to each relative accuracy test audit.

(c) Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relative accuracy (and bias adjustment factor) as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the flow relative accuracy is greater than 10.0% of the mean value of the reference

method.

5. Missing Data

For any period in which valid data are not be ing recorded by the PFMS specified in this section, hourly missing or invalid data sha ll be replaced with s ubstitute data in accordance with the flow monitor missing data requirements for non-load based units in Subpart D of 40 CFR Part 75.

6. Monitoring Plan Requirements

In addition to the general monitoring plan requirements of Section I of this Rule, the owner or operator shall meet th e following additional requirements:

(a) The monitoring plan shall document th e reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow measurements over time.

(b) The initial monitoring plan shall explai n the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The [state or tribe] may require that the subsequent monitoring plan include additional explanat ion and documentation for the reasonableness of the proposed PFMS.

# Western Backstop SO 2 

# Trading Program



# Model Rule

Supplement

August 13, 2003 (Final Draft)

The Model Rule Supplement is available through the Western Regional

Air Partnership (WRAP) at www.wrapair.org

This Model Rule Supplement was developed through a broad stakeholder process of the WRAP as a template to facilitate consistent, multi

- jurisdictional implementation

of the SO 2 Milestones and Backstop Trading Program Section 309 of the Regional

Haze Rule.Monitor ing Provisions

-- Corrected August 13, 2003 Draft



### H. Establishment of Accounts

Add following sentence after first sentence in section H1 (or in reorganized section based on Lee's comments):

In addition, if a WEB source conducts monitoring under Section I1.(b) of this Rule, the WEB source shall open a s pecial reserve compliance account for allowances associated with units monitored under those provisions. The WEB source and Account Representative shall have no rights to transfer allowances in or out of such special reserve compliance account. The [stat e or tribe] shall allocate allowances to the account in accordance with Section I1.(b)(5) of this Rule and all such allowances for each control period shall be retired each year for compliance in accordance with Section L of this Rule.



### I. Monitoring, Re cordkeeping and Reporting

1. General Requirements on Monitoring Methods

(a) For each SO 2 emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record SO 2 mass emissions:

(1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in Part 75 with respect to monitoring, recording and reporting SO

2 mass emissions.

(2) If a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable:

(A) A continuous emission monitoring system (CEMS) for SO 2 and flow that complies with all applicable monitoring provision s in 40 CFR Part 75;

(B) If the unit is a gas

- or oil

- fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO 2 mass emissions only) of s ection 75.19 of 40 CFR Part 75;

(C) One of the optional WEB protocols, if applicable, in Appendix A to this Rule; or

(D) A petition for site

- specific monitoring that the source submits for approval by [state or tribe], and approval by the U.S.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

Environ mental Protection Agency in accordance with Section I8(e) of this Rule (relating to petitions). (3) A permanently retired unit shall not be required to monitor under this Section if such unit was permanently retired and had no emissions for the entire per iod for which the WEB source implements this paragraph (3) and the Account Representative certifies in accordance

with Section L2 of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the

WEB sour ce shall meet the requirements of this Section I in the same

manner as if the unit was a new unit.

(b) Notwithstanding paragraph (a) of this Section, the WEB source with a unit that meets one of the conditions of paragraph (b)(1) may elect to have the

pr ovisions of this paragraph (b) apply to that unit.

(1) Any of the following units may implement this paragraph (b):

(A) Any smelting operation where all of the emissions from the operation are not ducted to a stack; or

(B) Any flare, except to the e xtent such flares are used as a fuel gas combustion device at a petroleum refinery.

(C) Any other type of unit without add

- on SO 2 control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocat ion) provided in Section C1 of the Implementation Plan.

(2) For each unit covered by this paragraph (b), the Account Representative shall submit a notice to request that this paragraph (b) apply to one or more SO 2 emitting units at a WEB source. The not ice shall be submitted in accordance with the compliance dates specified in Section I6(a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related information as may be requested):

(A) A notice of all units at the applicable source, specifying which of the units are to be covered by this paragraph (b);

(B) Consistent with the emission estimation methodology used to determine the floor level (and reducible allocation) for the

sourc e in accordance with Section C1 of the Implementation Plan, the portion of the WEB source's overall allowance allocation that is attributable to any unit(s) covered by this paragraph; andMonitor ing Provisions

-- Corrected August 13, 2003 Draft

(C) An identification of any such units that are permanently

retir ed.

(3) For each new unit at an existing WEB source for which the WEB source seeks to comply with this paragraph (b) and for which the Account Representative applies for an allocation under the new source

set

- aside provisions of Section G6 of this Rule , the Account Representative shall submit a modified notice under paragraph (b)(2)

that includes such new SO 2 emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted

under Section G6 of this Rule for allocations from the set

- aside.

(4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issue a notice

to the so urce to exclude any units that do not qualify under this paragraph (b) or to adjust the portion of allowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and reducible a llocation)

for the source.

(5) [State or tribe] shall allocate allowances equal to the adjusted portion of the WEB source's allowances under paragraphs (b)(2), (b)(3), and (b)(4) in a special reserve compliance account, provided

that no such treatment o f the WEB source's allocation will be required for any unit that is permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (b) and the Account Representative certifies in accordance with Section L

of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section I in the same manner as if

the unit was a new unit.

(6) The Account Representativ e for a WEB source shall submit an annual emissions statement for each unit under this paragraph (b) in

accordance with Section I8 of this Rule. The WEB source shall maintain operating records sufficient to estimate annual emissions in a

manner consistent

with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. In addition, if the estimated emissions from all such units at the WEB source are greater than the allowances for the current control ye ar held in the special reserve compliance account under paragraph (b)(5) for the WEB source, the Account Representative will report the excess amount as part of the annual report for the WEB source under Section L of this Rule and be required to use other allowances in the standardMonitor ing Provisions

-- Corrected August 13, 2003 Draft

compliance account for the WEB source to account for such emissions, in accordance with Section L of this Rule.

(7) The remaining provisions of this Section I shall not apply to units covered by this paragraph except where othe rwise noted.

(8) A WEB source may opt to modify the monitoring for an SO 2 emitting unit to use monitoring under Section I1(a) of this Rule, but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the Accou nt Representative must submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Section I2 of this Rule. The Account Representative

shall also subm it a revised notice under paragraph (b)(2) at the same time that the initial monitoring plan is submitted.

(c) For any monitoring that the WEB source uses under this Section (including paragraph (b)), the WEB source (and, as applicable, the Account Repre sentative) shall implement, certify, and use such monitoring in accordance with this Section, and record and report the data from such monitoring as required in this Section. In addition, the WEB source (and, as applicable, the Account Representative) may not:

(1) Except for an alternative approved by the U.S. EPA Administrator for a WEB source that implements monitoring under Section I1.(a)(1), use an alternative monitoring system, alternative reference method or another alternative for the required moni toring method without having obtained prior written approval in accordance with Section I8(e) of this Rule (relating to petitions);

(2) Operate an SO 2 emitting unit so as to discharge, or allow to be discharged, SO 2 emissions to the atmosphere without ac counting for these emissions in accordance with the applicable provisions of this Section;

(3) Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO 2 mass emissions discharged into the atmosphere, e xcept for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or

(4) Retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(A) During a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in Section I1(a)(3);

(B) The WEB source is monitoring emissions fro m the unit with another certified monitoring method approved under this Section for use at the unit that provides data for the same parameter as the retired or discontinued monitoring method; or

(C) The Account Representative submits notification of the date of certification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of this Section.

2. Monitoring Plan

(a) General Provisions. A WEB source with an SO 2 emitting unit that uses a monitoring method under Section I1(a)(2) of this Rule shall meet the following requirements:

(1) Prepare and submit to [state or tribe] an initial monitoring plan for

each moni toring method that the WEB source uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method t o demonstrate
that all unit SO

2 emissions are monitored and reported. The plan shall be submitted in accordance with the compliance deadlines specified

in Section I6 of this Rule.

(2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan prior to the first day of certification testing, in accordance with the compliance deadline specified in Section I5 of this Rule. The plan will contain the applicable information required by Section I2(d) of this Rule. [State or tribe] may require that the monitoring plan (or portions thereof) be submitted electronically. The [state or tribe] also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section I8(a) of this Rul e or resubmitted separately after any change is made to the plan in accordance with the following paragraph (a)(3).

(3) Whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Section

I1 (a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affectsMonitor ing Provisions

-- Corrected August 13, 2003 Draft

information reported in the monitoring plan (e.g., a change to serial number for a component of a monitoring system), then the WEB source shall update the monitoring plan in accordance with the compliance deadline specified in Section I5 of this Rule.

(b) A WEB source with an SO 2 emitting unit that uses a method under Section I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a program other than this WEB Trading Program) shall meet the requirements of Section I2(a)

- (f) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the

WEB source also sh all submit the entire monitoring plan to [state or tribe] upon request.

(c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO 2 emitting unit (or group of units sharing a common methodology) that, exc ept as otherwise specified in an applicable provision in Appendix A, contains the following information:

(1) For all SO

2 emitting units involved in the monitoring plan:

(A) Plant name and location;

(B) Plant and unit identification numbers assig ned by [state or tribe];

(C) Type of unit (or units for a group of units using a common monitoring methodology);

(D) Identification of all stacks or pipes associated with the monitoring plan;

(E) Types of fuel(s) fired (or sulfur containing process m aterials
used in the SO 2 emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology;

(F) Type(s) of emissions controls for SO 2 installed or to be installed, including specifica tions of whether such controls are

pre

- combustion, post

- combustion, or integral to the combustion

process;

(G) Maximum hourly heat input capacity, or process throughput capacity, if applicable;

(H) Identification of all units using a common stack; andMonitor ing Provisions

-- Corrected August 13, 2003 Draft

(I) Indicator of whether any stack identified in the plan is a bypass stack.

(2) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substi tute data approach for the methodology, and general identification of quality assurance procedures. If the proposed methodology is a site

- specific methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, the description under this paragraph sha ll describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures.

(3) If the WEB source intends to pe tition for a change to any specific monitoring requirement otherwise required under this Section, such petition may be submitted as part of the initial monitoring plan.

(4) [State or tribe] may issue a notice of approval or disapproval of the

initial mo nitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section.

(d) Detailed Monitoring Plan. The Account Representative shall submit a detailed monitoring plan that, except as otherwise specifie d in an applicable provision in Appendix A, shall contain the following information:

(1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO 2 pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including:

(A) Manufacturer, model number and se rial number;

(B) Component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe;

(C) Designation of the component type and method of sample acquisition or operation (e.g., in si tu pollutant concentration monitor or thermal flow monitor);

(D) Designation of the system as a primary or backup system;

(E) First and last dates the system reported data;Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(F) Status of the monitoring component; and

(G) Parameter monitored.

(2) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including:

(A) Hardware components that perform emission calculations or store data for quarterly reporting purposes (prov ide the manufacturer and model number); and

(B) Software components (provide the identification of the provider and model or version number).

(3) Explicit formulas for each measured emissions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system observations with the reported concentrations and mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component or system c ode observations and an indication of whether the formula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in section 7 5.19(c) of 40 CFR Part 75 is not required to report such formulas.

(4) Inside cross

- sectional area (ft 2 ) at flow monitoring location (for units with flow monitors, only).

(5) If using CEMS for SO 2 and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full

- scale range, daily calibration units of measure, sp an effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value (in standard cubic feet per hour (scfh)) for each unit or st ack using SO 2 or flow component

monitors.

(6) If the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then include the following information for each value o f such parameter:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(A) Identification of the parameter;

(B) Default, maximum, minimum, or constant value, and units of measure for the value;

(C) Purpose of the value;

(D) Indicator of use during controlled or uncontrolled hours;

(E) Types of fuel ;

(F) Source of the value;

(G) Value effective date and hour;

(H) Date and hour value is no longer effective (if applicable);

and

(I) For units using the excepted methodology under section 75.19 of 40 CFR Part 75, the applicable SO 2 emission factor

.

(7) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or common stack on which hardware

CEMS are installed:

(A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of App endix A to 40 CFR Part 75), or thousand of pounds per hour (lb/hr) of steam, or feet per second (ft/sec) (as applicable);

(B) The load or operating level(s) designated as normal in section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands

of lb/hr of steam, or ft/sec (as applicable);

(C) The two load or operating levels (i.e., low, mid, or high) identified in section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used;

(D) The date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently

- used load (or operating) levels; and

(E) Activation and deactivation dates when the normal load or operating level(s) change and are updated.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(8) For each unit that is complying with 40 CFR Par t 75 for which the optional fuel flow

- to

- load test in section 2.1.7 of appendix D to 40 CFR

Part 75 is used:

(A) The upper and lower boundaries of the range of operation (as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 75), expressed in thousa nd of lb/hr of steam;

(B) The load level designated as normal, pursuant to section 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and

(C) The date of the load analysis used to determine the normal

load level.

(9) Information related to quality assurance testing, including (as applicable): identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibratio n error test and linearity check; calculations for determining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span;

(10) If applicable, apportionment strategies under sections 75.10

thr ough 75.18 of 40 CFR Part 75.

(11) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the app ropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams

shall include:

(A) A schematic diagram identifying entire gas handling system from unit to stack for all units, using identification numbers for units, mo nitor components, and stacks corresponding to the identification numbers provided in the initial monitoring plan and paragraphs (d)(1) and (3). The schematic diagram must depict the height of any monitor locations. Comprehensive or separate schematic dia grams shall be used to describe groups of units using a common

stack.

(B) Stack and duct engineering diagrams showing the dimensions and locations of fans, turning vanes, air preheaters, monitor components, probes, reference method samplingMonitor ing Provisions

-- Corrected August 13, 2003 Draft

ports, and ot her equipment that affects the monitoring system location, performance, or quality control checks.

(12) A data flow diagram denoting the complete information handling path from output signals of CEMS components to final reports.

(e) In addition to s upplying the information in paragraphs (c) and (d) above,

the WEB source with an SO 2 emitting unit using either of the methodologies in paragraph I.1(a)(2)(B) of this Section shall include the following information in its monitoring plan for the specific s ituations described:

(1) For each gas

- fired or oil

- fired SO 2 emitting unit for which the WEB source uses the optional protocol in appendix D to 40 CFR Part 75 for

SO 2 mass emissions, the WEB source shall include the following

information in the monitor ing plan:

(A) Parameter monitored;

(B) Type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate (i.e., upper range value or unit maximum) for each fuel flowmeter;

(C) Test method used to check the accuracy of each fuel flowmeter;

(D) Submission status of the data;

(E) Monitoring system identification code;

(F) The method used to demonstrate that the unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling fo r sulfur content, as applicable;

(G) A schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic diagram must depict the installation

location of each fuel flowmeter and the fuel sampling location(s). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(H) For units using the optional default SO 2 emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(I) For units using the 720 hour test under section 2.3.6 of appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and

(J) For units using the 720 hour test under section 2.3.5 of appendix D to 40 CFR Part 75 to determine the appropriate

fuel GCV sampling frequency, report the procedures used and

the results of the test.

(2) For each SO 2 emitting unit for which the WEB source uses the low mass emission excepted methodology of section 75.19 to 40 CFR Part 75, the WEB source shall include the follo wing information in the monitoring plan that accompanies the initial certification application:

(A) The results of the analysis performed to qualify as a low mass emissions unit under section 75.19(c) to 40 CFR Part 75. This report will include either th e previous three years actual or projected emissions. The following items should be included:

(i) Current calendar year of application;

(ii) Type of qualification;

(iii) Years one, two, and three;

(iv) Annual measured, estimated or projected SO 2 mass emissions for years one, two, and three; and

(v) Annual operating hours for years one, two, and three.

(B) A schematic diagram identifying the relationship between the unit, all fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s ). Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe;

(C) For units which use the long term fuel flow methodology under section 75.19(c)(3) to 40 CFR Part 75, a diagram of the

fuel flow to each un it or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units;

(D) A statement that the unit burns only gaseous fuel(s) or fu el

oil and a list of the fuels that are burned or a statement that theMonitor ing Provisions

-- Corrected August 13, 2003 Draft

unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels that are projected to be burned;

(E) A statement that the unit meets the applicability requirements in sections 75.19(a) and (b) to 40 CFR Part 75 with respect to SO 2 emissions; and

(F) Any unit historical actual, estimated and projected SO 2 emissions data and calculated SO 2 emissions data demonstrating that the unit qualifies as a low mass emissions

u nit under sections 75.19(a) and (b) to 40 CFR Part 75.

(3) For each gas

- fired unit the WEB source shall include the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas

- fired in section 72.2 of 4 0 CFR Part 72, and an indication of whether the data are actual or projected data.

(f) The specific elements of a monitoring plan under this Section I2. shall not be part of an operating permit for a WEB source issued in accordance with

Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.

3. Certification and Recertification

(a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or Appendix A to this Rule, as applicable. Certification or recertification of a monitoring system by the U.S. Environmental Protection Agency for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program.

(b) The WEB source with an SO 2 emitting unit not otherwise subject to 40

CFR Part 75 that monitors SO 2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this Section shall perform all of the tests required by that regulation and shall submit the following:

(1) A test notice, not later than 21 days before the certification testing of the monitoring system, provided that [state or tribe] may establish additional requir

ements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under paragraph I2(c) of this Rule; and

(2) An initial certification application within 45 days after testing is complete.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(c) A monitoring system will be considered provisionally certified while the application is pending, and the system shall be deemed certified if [state or tribe] does not approve or disapprove the system within six months after the date on which the application is submitted.

(d) Whenever an audit of any monitoring certified under this Rule, and a review of the initial certification or recertification application, reveal that any system or component should not have been certified or recertified because it did not meet a particula r performance specification or other requirement of this Rule, both at the time of the initial certification or recertification application submission and at the time of the audit, the [state or tribe] will issue a notice of disapproval of the certificatio n status of such system or component. For the purposes of this paragraph, an audit shall be either a field audit of the facility or an audit of any information submitted to the [state or tribe] regarding the facility. By issuing the notice of disapproval , the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality

- assured data from the date of

issuance of the notification of the revoked certification status until the date

and time that the WE B source completes subsequently approved initial certification or recertification tests in accordance with the procedures in this Section I3. The WEB source shall apply the substitute data procedures in Section I5.(b) of this Rule to replace, prospectivel y, all of the invalid,

non

- quality

- assured data for each disapproved system or component.

4. Ongoing Quality Assurance and Quality Control

The WEB source shall satisfy the applicable quality assurance and quality control requirements of Part 75 or, i f the WEB source is subject to a WEB protocol in Appendix A, the applicable quality assurance and quality control requirements in Appendix A on and after the date that certification testing

commences.

5. Substitute Data Procedures

(a) For any period a fter certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with this Rule, missing or invalid data shall be replaced with substitute data in accordance wit h 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix A, with substitute data in accordance with Appendix A.

(b) For an SO

2 emitting unit that does not have a certified (or provisionally certified) monitoring system in place as of the beginning of the first control period for which the unit is subject to the WEB Trading Program, the WEB

source shall:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(1) If the WEB source will use a CEMS to comply with this Section, substitute the maximum potential concentration of SO 2 for th e unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 proc edures, as applicable;

(2) If the WEB source will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gross calorific value for the fuel and the maximum potential fuel flow rate, in accordance with s ection 2.4 of Appendix D to 40 CFR Part 75;

(3) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the SO 2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly hea t input, as defined in 40 CFR 72.2; or

(4) If using a protocol in Appendix A to this Rule, follow the procedures in the applicable protocol.

6. Compliance Deadlines

(a) The initial monitoring plan shall be submitted by the following dates:

(1) For each source that is a WEB source on or before the Program Trigger Date, the monitoring plan shall be submitted 180 days after such Program Trigger Date.

(2) For any existing source that becomes a WEB source after the Program Trigger Date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in which the

source exceeded the emissions threshold.

(3) For any new WEB source, the monitoring plan shall be included with the permit application for [State or tribe shal l include appropriate reference for preconstruction permit program under Title I of the Clean Air Act, including both minor and major new source review programs.] (b) A detailed monitoring plan under Section I2.(b) shall be submitted no later than 45 day

s prior to commencing certification testing in accordance with the following paragraph (c).

(c) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this Section I (including

any referenced in Appendix A) by the following dates:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(1) For each source that is a WEB source on or before the Program Trigger Date, two years prior to the start of the first control period as

described in Section L of this Rule.

(2) For any existing sou rce that becomes a WEB source after the Program Trigger Date, one year after the due date for the monitoring plan under I6(a)(2) of this Rule.

(3) For any new WEB source (or any new unit at a WEB source under paragraphs (c)(1) or (c)(2)), the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation.

(d) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in Section I4.(b).

(e) For each applic able control period, the WEB source shall submit each quarterly report under Section I8 by no later than 30 days after the end of each calendar quarter and shall submit the annual report under Section I8 no later than 60 days after the end of each calendar year.

7. Recordkeeping

(a) Except as provided in Section I7(b), the WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. In addition, the WEB source shall keep a copy of all Account Certificates of Representation. Unless otherwise requested by the WEB source and approved by [state or tribe], the copies shall be kept on

site.

(b) The WEB s ource shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO 2 , stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO 2 emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section.

8. Reporting

(a) Qu arterly Reports. For each SO 2 emitting unit, the Account Representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by [state or tribe] to include hourly and quality assurance activity information and shall be submitted in a manner compatible with the emissions tracking database designed for the WEB Trading Program. If the WEB source submits aMonitor ing Provisions

-- Corrected August 13, 2003 Draft

quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no

add itional report under this paragraph (a) shall be required, provided, however, that [state or tribe] may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO 2 mass emissions) be submitted separately to [state or tribe].

(b) Annual Report. Based on the quarterly reports, each WEB source shall

submit an annual statement of total annual SO 2 emissions for all SO 2 emitting units at the source. The annual report shall identify the total emissions for all

units moni tored in accordance with Section I1(a) of this Rule and the total

emissions for all units with emissions estimated in accordance with Section I1(b) of this Rule. The annual report shall be submitted within 60 days after the end of a control period.

(c) If the [State or tribe] so directs, that any monitoring plan, report, certification, recertification, or emissions data required to be submitted under this Section shall be submitted to the Tracking System Administrator.

(d) [State or tribe] may review a nd reject any report submitted under this Section I7 that contains errors or fails to satisfy the requirements of this Section, and the Account Representative shall resubmit the report to correct any deficiencies.

9. Petitions

(a) A WEB source may petit ion for an alternative to any requirement specified in Section I1(a)(2). The petition shall require approval of [state or tribe] and the U.S. EPA Administrator. Any petition submitted under this paragraph shall include sufficient information for the eval uation of the petition, including, at a minimum, the following information:

(1) Identification of the WEB source and applicable SO 2 emitting unit(s);

(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requireme nt;

(3) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable;

(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is propose d and is consistent with the purposes of this Rule and that any adverse effect of approving such alternative will be de minimis ; and

(5) Any other relevant information that [state or tribe] may require.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

10. Consistency of Identifying Information

For any monitoring plans, reports, or other information submitted under Section I of this Rule, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in

the most recent certificate o f representation for the WEB source submitted

under Section E of this Rule.



### K. Use of Allowances from a Previous Year

Add following sentence to Section K2:

Because all allowances held in a special reserve compliance account for a

WEB source that monito rs certain units in accordance with Section I1.(b) of this Rule will be deducted for compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by this Rule.



### L. Compliance

Insert paragraph such as the fo llowing, based on changes made in response
to Lee' redline/strikeout of section L:

(c) Compliance with allowance limitations shall be determined as follows:

(1) The total annual SO 2 emissions for all SO 2 emitting units at the

source that are monitore d under Section I1.(b) of this Rule, as reported by the source in Section I8(b) or (d) of this Rule, and recorded in the emissions tracking database shall be compared to the allowances

held in the source
=

s special reserve compliance account as of the

allow ance transfer deadline for the current control period, adjusted in accordance with Section K of this Rule. 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 al lowances for such

emissions. If the total emissions from such units exceeds the allowances in such special reserve account, the WEB source shall account for such excess emissions in the following paragraph (2).

(2) The total annual SO 2 emissions for all SO 2 emitting units at the source that are monitored under Section I1.(a) of this Rule, as reported by the source in Section I8(b) or (d) of this Rule, and recorded in the emissions tracking database, together with any excess emissions as

calculated in the preceding paragraph (1), shall be compared to the

allowances held in the source
= s compliance account as of theMonitor ing Provisions

-- Corrected August 13, 2003 Draft

allowance transfer deadline for the current control period, adjusted in

accordance with Section K of this Rule. (d) Other than allowances in a special reserve compliance account for units monitored under Section I1(b) of this Rule, to the extent consistent with Section K of this Rule, 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 com pliance 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 co mpliance account pursuant to Section I1.(b) of this Rule shall be deducted as specified in paragraph (c)(1) of this Section L.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

Protocol WEB

- 1: SO 2 Monitoring of Fuel Gas Combustion Devices

1. Applica bility

(a) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum refineries.

(b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery.

(c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. Fuel gas does not include(1) natural gas, unless combined with other gases generated at a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, (3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or malfunctions.

2. Monitoring Requirements

(a) Except as provided in para graphs (b) and (c) of this Section 2, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as

H 2 S) of the fuel gas mixture prior to combustion, and continuous fuel

flow meters to determine the amount of fuel gas burned.

(1) Fuel gas combustion devices having a common source of fuel gas may be monitored for sulfur content at one location, if monitoring at that location is representative of the sulfur content of the fuel gas b eing burned in any fuel gas combustion device.

(2) The CFGMS shall meet the performance requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60, and the following:

(i) Continuously monitor and record the concentration by

volume of

total sulfur compounds in the gaseous fuel reported as ppmv H 2 S.

(ii) Have the span value set so that the majority of readings fall between 10 and 95% of the range.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(iii) Record negative values of zero drift. (iv) Calibration drift shall be # 5 .0% of the span, for initial certification and daily calibration error tests.

(v) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a

bias tes t in accordance with paragraph 4.(c) of this

section.

(3) All continuous fuel flow meters shall comply with the provisions of section 2.1.5 of Appendix D to 40 CFR Part 75.

(4) The hourly mass SO 2 emissions rate for all the fuel gas

combustion device s monitored by this approach shall be calculated using the following equation:

E t = ( C S )( Q t )( K

)

where: E t = Total SO

2 emissions in lb/hr from applicable fuel gas combustion devices

C S = Sulfur content of the fuel gas as H 2 S(ppmv)
Q t = Fuel gas flow rat

e to the applicable fuel gas combustion devices (scf/hr)

K = 1.660 x 10 - 7 (lb/scf)/ppmv

(b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel gas may be

monitored with an SO 2 CEMS, a flow C EMS, and (if necessary) a moisture monitoring system at only one location, if the CEMS monitoring at that location is representative of the SO 2 emission rate (lb SO 2 /scf fuel gas burned) of all applicable fuel gas combustion

devices. Continuous fuel flow meters shall be used in accordance with paragraph (a), and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering.

(1) Each CEMS for SO 2 , flow, and (if applicable) moisture, shall comply with the operating requirements, per formance specifications, and quality assurance requirements of 40 CFR

Part 75.

(2) All continuous fuel flow meters shall comply with the provisions of section 2.1.5 of Appendix D to 40 CFR Part 75.

(3) The SO 2 hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall beMonitor ing Provisions

-- Corrected August 13, 2003 Draft

determined by the ratio of the amount of fuel gas burned by the

CEMS

- monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using

the f ollowing equation:

E t = (E
m ) ( Q t )/( Q
m )

where: E t = Total SO

2 emissions in lb/hr from applicable fuel gas combustion devices

E
m = SO 2 emissions in lb/hr from the CEMS

- monitored fuel gas combustion device, calculated using Equation

F

- 1 or (if applicable) F

- 2 in Appendix F to 40 CFR Part

75 Q t

= Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices
Q
m = Fuel gas flow rate (scf/hr) to the CEMS

- monitored fuel gas combustion device

(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO 2 - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO 2 emission rate (lb SO 2 /mmBtu) of all applicable fuel

gas co mbustion devices. If this option is selected, the owner or operator shall conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS

- monitored fuel gas

combustion device.

(1) Each SO 2 - diluent CEMS shall comply with the applicable provisions for SO 2 monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix

F to Part 75 for determining SO 2 emission rate (lb/mmBtu) by substituting the term SO 2 for NO

x in that section, and using a K

factor of

1.660 x 10 - 7 (lb/scf)/ppmv instead of the NO

x K factor.

(2) All continuous fuel flow meters and fuel gas sampling and

ana lysis for GCV to determine the heat input rate from the fuel gas shall comply with the applicable provisions in sections 2.1.5 and 2.3.4 of Appendix D to 40 CFR Part 75.

(3) The SO 2 hourly mass emissions rate for all the fuel gas

combustion devices moni tored by this approach shall be calculated by using the following equation:

E t = (E
m ) ( Q t ) (GCV)

/10 6

where:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

E t = Total hourly SO 2 mass emissions in lb/hr from the applicable fuel gas combustion devices

E
m = SO 2 emission rate in lb/mmBtu from the CEMS

- monitored fuel gas combustion device
Q t = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices

GCV = Fuel Gross Calorific Value (Btu/scf)

10 6 = Conversion

from Btu to million Btu

(d) Calculate total SO 2 mass emissions for ea ch calendar quarter and each calendar year based on the emissions in lb/hr and Equations F

- 3 and F

- 4 in Appendix F to 40 CFR Part 75, Appendix F.

3. Certification/Recertification Requirements

All monitoring systems are subject to initial certification and recertification testing as follows:

(a) The owner or operator shall comply with the initial testing and calibration requirements in Performance Specification 2 in Appendix B to 40 CFR Part 60 and paragraph 2 (a)(2) of this section for each

CFGMS.

(b ) Each CEMS for SO 2 and flow or each SO 2 - diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO 2 - diluent CEMS shall meet the relative accuracy require ments for a NO

x diluent CEMS (lb/mmBtu).

(c) A continuous fuel flow meter shall comply with the certification and quality

- assurance requirements in sections 2.1.5 and 2.1.6 to Appendix D to 40 CFR Part 75.

4. Quality Assurance/Quality Control Require ments

(a) A quality assurance/quality control (QA/QC) plan shall be developed

and implemented for each CEMS for SO 2 and flow or the SO 2 - diluent CEMS in compliance with sections 1, 1.1, and 1.2 of Appendix B to

Part 75.

(b) A QA/QC plan shall be devel oped and implemented for each continuous fuel flow meter and fuel sampling and analysis inMonitor ing Provisions

-- Corrected August 13, 2003 Draft

compliance with sections 1, 1.1, and 1.3 of Appendix B to 40 CFR

Part 75.

(c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance with s ections 1 and 1.1 of Appendix B to 40 CFR Part 75, and the following:

(i) Perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level. Calculate the calibration error as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the error is greater than 5.0% of the span value.

(ii) In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily

calibration error t est is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments.

(iii) Perform a linearity test once every operating qua rter. Calculate the linearity as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the linearity error is greater than 5.0 percent of a reference value, and the absolute value of the difference between average monitor re sponse values and a reference value is greater than 5.0 ppm.

(iv) Perform a relative accuracy test audit once every four operating quarters. Calculate the relative accuracy as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the relative accuracy is greater than
20.0% of the mean value of the reference method

measurements.

(v) Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75,

and calculate a nd apply a bias adjustment factor if required.

5. Missing Data Procedures

(a) For any period in which valid data are not being recorded by an SO 2 CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute d ata in accordance with the requirements in Subpart D of 40 CFR Part 75.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(b) For any period in which valid data are not being recorded by an SO 2 - diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a r ate basis (lb/mmBtu) in accordance with the requirements for SO 2 monitors in Subpart D of 40

CFR Part 75.

(c) For any period in which valid data are not being recorded by a continuous fuel flow meter or for fuel gas GCV sampling and analysis specified in this section, missing or invalid data shall be replaced with substitute data in accordance with missing data requirements in Appendix D to 40 CFR Part 75.

(d) For any period in which valid data are not being recorded by the CFGMS specified in this s ection, hourly missing or invalid data shall be replaced with substitute data in accordance with the missing data requirements for units performing hourly gaseous fuel sulfur sampling in section 2.4 of Appendix D to 40 CFR Part 75. 6. Monitoring Plan an d Reporting Requirements

In addition to the general monitoring plan and reporting requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements:

(a) The monitoring plan shall identify each group of units that are monitored by a single monitoring system under this Protocol WEB

- 1, and the plan shall designate an identifier for the group of units for emissions reporting purposes. For purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required.

(b) If the provisions of paragraphs 2.(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO 2 emission rate from the monitored unit is representative of the rate

from n on

- monitored units.Monitor ing Provisions

-- Corrected August 13, 2003 Draft

Protocol WEB

- 2: Predictive Flow Monitoring Systems for Kilns with Positive

Pressure Fabric Filter

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter, (2) combust only a single fuel, no fuel blends, and (3) have operating conditions upstream of the fabric filter that the WEB source documents would reasonably prevent reliable flow monitor measurements. This protocol does not modif y the SO

2 monitoring requirements in section I of this Rule.

2. Monitoring Requirements

(a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow monitoring system (PFMS) to determine the hourly kiln exhaust gas flow

.

(b) A PFMS is the total equipment necessary for the determination of exhaust gas flow using process or control device operating parameter measurements and a conversion equation, a graph, or computer program to produce results in cubic feet per hour.

(c) The PFMS shall meet the following performance specifications:

(1) Sensors readings and conversion of sensor data to flow in cubic feet per hour must be automated.

(2) The PFMS must allow for the automatic or manual determination

of failed monitors . At a minimum a daily determination must be performed.

(3) The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The

reference value need not be certified.

(4) The relative accuracy of the PFMS must be < 10.0% of the reference method average value, and include a bias test in accordance with paragraph 4(c) of this section.

3. Certification RequirementsMonitor ing Provisions

-- Corrected August 13, 2003 Draft

The PFMS is subject to initial certification testing as follows: (a) Demonstrate the ability of the PFMS to identify automatically or manually

a failed monitor.

(b) Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes.

(c) Perform an initial relative accuracy test over the normal range of operating con ditions of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias adjustment factor if required.

4. Quality Assurance/Quality Control Requireme nts

A QA/QC plan shall be developed and implemented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following:

(a) Perform a daily monitor failure check.

(b) Perform calibration tests of all monitors for ea ch parameter included in the PFMS. At a minimum, calibrations shall be conducted prior to each relative accuracy test audit.

(c) Perform a relative accuracy test audit and accompanying bias test once every four operating quarters. Calculate the relativ e accuracy (and bias adjustment factor) as described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever the flow relative accuracy is greater than
10.0% of the mean value of the reference method.

5. Missing Data

For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non

- load based units in Subpart D of 40 CFR Part 75.

6. Monitoring Plan Requirements

In addition to the general monitoring plan requirements of Section I of this Rule, the owner or operator shall meet the following additional requirements:Monitor ing Provisions

-- Corrected August 13, 2003 Draft

(a) The monitoring plan shall document the reasons why stack flow measurements upstream of the fabric filter are unlikely to provide reliable flow

measurements over time.

(b) The initial monitoring plan shall explain the relationship of the proposed parameters and stack flow, and discuss other parameters considered and the reasons for not using those parameters in the PFMS. The [state or tribe] may require that the subsequent monitoring plan include additional explanation and documentation for the reasonableness of the proposed

PFMS.

## Western Backstop Sulfur Dioxide Trading Program,

Utah Administrative Code R307-250

R307. Environmental Quality, Air Quality. R307-250. Western Backstop Sul fur Dioxide Trading Program. R307-250-1. Purpose. This rule implements the Western Back stop (WEB) Sulfur Dioxide Trading Program provisions in accordance with the federal Regi onal Haze Rule, 40 CFR 51.309, and Section XX.E of the State Implementation Plan for Regional Haze, titled "Sulfur Dioxide Milestones and Backstop Trading Program," incorporated under R307-110-28.

R307-250-2. Definitions. The following additional definitions apply to R307-250: "Account Certificate of Representation" or "Certificate" means the completed and signed submission required to designate an Account Re presentative for a WEB source or an Account Representative for a general account. "Account Representative" means the individual who is authorized through an Account Cer tificate of Representation to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through an Account Certificate of Representation to represent the persons having an ownership interest in allowances in the gene ral account with regard to matters concerning the general account.

"Actual Emissions" means total annual sulfur dioxide emissions determined in accordance with R307-250-9 or determined in accordance with the Sulfur Dioxide Milestone Inventory requirements of R307-150 for sources that are not subject to R307-250-9. "Allocate" means to assign allowances to a WEB source in accordance with SIP Section XX.E.3.a through c. "Allowance" means the limited authorization under the WEB Trading Program to emit one ton of sulfur dioxide during a speci fied control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by R307-250. "Allowance Limitation" means the tonnage of sulfur dioxide emissions authorized by the allowances available for compliance deduction for a WEB source under R307-250-12 on the allowance transfer deadline for each control period.

"Allowance Transfer Deadline" means the deadline established in R307-250-10(2) when

allowance transfers must be submitted for record ing in a WEB source's compliance account in order to demonstrate compliance for that control period. "Compliance Account" means an account es tablished in the WEB EATS under R307-250- 8(1) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. "Compliance Certification" means a submission to the executive secretary by the Account Representative as required under R307-250-12(2) to report a WEB source's compliance or noncompliance with R307-250. "Control Period" means the period beginni ng January 1 of each year and ending on December 31 of the same year, inclusive. "Existing Source" means a stationary source that commenced operation before the Program Trigger Date."General Account" means an account estab lished in the WEB EATS under R307-250-8 for the purpose of recording allowances held by a pers on that are not to be used to show compliance

with an allowance limitation.

"Milestone" means the maximum level of stati onary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in SIP Section XX.E.1.

"New WEB Source" means a WEB source th at commenced operation on or after the program trigger date.

"New Source Set-aside" means a pool of allowances that are available for allocation to new sources in accordance with the provisions of SIP Section XX.E.3.c. "Program trigger date" means the date that the executive secretary determines that the WEB Trading Program has been triggered in accordan ce with the provisions of SIP Section XX.E.1.c. "Program trigger years" means the years s hown in SIP Section XX.E.1.a, Table 3, column 3 for the applicable milestone if the WEB Trading Pr ogram is triggered as described in SIP Section

XX.E.1.

"Retired source" means a WEB source that has received a retired source exemption as provided in R307-250-4(4). "Serial number" means, when referring to allowances, the unique identification number assigned to each allowance by the Tracking Syst ems Administrator, in accordance with R307-250- 7(2). "SIP Section XX.E" means Section XX, Part E of the State Implementation Plan, titled "Sulfur Dioxide Milestones and Backstop Trading Program." SIP Section XX, Regional Haze, is incorporated by reference under R307-110-28. "Special Reserve Compliance Account" mean s an account established in the WEB EATS under R307-250-8(1) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for sulfur dioxide in accordance with R307-250-9(1)(b). "Sulfur Dioxide emitting unit" means any equipm ent that is located at a WEB source and

that emits sulfur dioxide. "Submit" means sent to the executive secretary or the Tracking system Administrator under the signature of the Account Representative. For purposes of determining when something is submitted, an official U.S. Postal Service postm ark, or equivalent electronic time stamp, shall

establish the date of submittal. "Ton" means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equa ling less than 1000 pounds shall be treated as zero

tons. "Tracking System Administrator" or "TSA " means the person designated by the executive secretary as the administrator of the WEB EATS. "WEB Source" means a stationary source that meets the applicability requirements of R307-

250-4. "WEB Trading Program" means R307-250, the Western Backstop Trading Program, triggered as a backstop in accordance with the pr ovisions in SIP Section XX.E, if necessary, to ensure that regional sulfur dioxide emissions are reduced. "WEB Emissions and Allowance Tracking System (WEB EATS)" means the central

database where sulfur dioxide emissions for WEB sources as recorded and reported in accordance with R307-250 are tracked to determine complian ce with allowance limitations, and the system where allowances under the WEB Trading Program are recorded, held, transferred and deducted."WEB EATS account" means an account in th e WEB EATS established for purposes of recording, holding, transferring, and deducting allowances.

R307-250-3. WEB Trading Program Trigger. (1) Except as provided in (2) below, R307-250 shall apply on the program trigger date that is established in accordance with the procedures in SIP Section XX.E.1.c. (2) Special Penalty Provisions for the 2018 Milestone, R307-250-13, shall apply on January 1, 2018, and shall remain effective until the requirements of R307-250-13 have been met.

R307-250-4. WEB Trading Program Applicability. (1) General Applicability. R307-250 applies to any stationary source or group of stationary

sources that are located on one or more conti guous or adjacent properties and that 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 (a) a nd (b) of this subsection. A stationary source or group of stationary sources shall be considered part of a single industria l 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 (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. (a) All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to

sulfur dioxide emissions. (b) All stationary sources that have actual su lfur dioxide emissions of 100 tons or more per year in the program trigger years or any subseque nt year. The fugitive emissions of a stationary source shall not be considered in determining whether it is subject to R307-250 unless the source belongs to one of the following categories of stationary source: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;(xxii) Petroleum storage and transfer un its with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plan ts of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source categor y, which as of August 7, 1980, is being regulated

under Section 111 or 112 of the Clean Air Act. (b) A new source that begins operation after th e program trigger date and has the potential to emit 100 tons or more of sulfur dioxide per year. (2) The executive secretary may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a stationary source de fined in (1)(b) above that has not previously met the applicability requirements of (1) is not subject to R307-250 if the stationary source had actual

sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years had actual sulfur dioxide emissions of less than 100 tons per year, and: (a)(i) the emissions increase was due to a te mporary emission increase that was caused by a sudden, infrequent failure of air pollution control e quipment, or process equipment, or a failure to operate in a normal or usual manner, and (ii) the stationary source has corrected th e failure of air pollution equipment, process equipment, or process by the time of the executive secretary's determination; or (b) the stationary source had to switch fuel s or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusua l circumstances besides the cost of such fuels

or feedstocks. (3) Duration of Applicability. Except as provide d for in (4) below, once a stationary source is subject to R307-250, it will remain subject to the rule every year thereafter. (4) Retired Source Exemption. (a) Application. Any WEB source that is perman ently retired shall apply for a retired source exemption. The WEB source may be considered pe rmanently retired only if all sulfur dioxide emitting units at the source are permanently retir ed. The application shall contain the following

information: (i) identification of the WEB source, including the plant name and an appropriate identification code in a format specified by the executive secretary; (ii) name of account representative; (iii) description of the status of the WEB source, including the date that the WEB source was permanently retired; (iv) signed certification that the WEB source is permanently retired and will comply with the requirements of R307-250-4(4); and (v) verification that the WEB source has a general account where any unused allowances or

future allocations will be recorded. (b) Notice. The retired source exemption becomes effective when the executive secretary notifies the WEB source that the retired source exemption has been granted. (c) Responsibilities of Retired Sources. (i) A retired source shall be exempt fr om R307-250-9 and R307-250- 12, except as provided

below. (ii) A retired source shall not emit any sulf ur dioxide after the date the retired sourceexemption is issued. (iii) A WEB source shall submit sulfur di oxide emissions reports, as required by R307-250- 9, 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 R307-250-12, including the requirement to hold allowances in th e source's compliance account to cover all sulfur dioxide emissions prior to the date the source was permanently retired. (iv) A retired source that is still in existen ce but no longer emitting sulfur dioxide shall, for a period of five years from the date the records ar e created, retain records demonstrating that the source is permanently retired for purposes of this rule. (d) Resumption of Operations. (i) Before resuming operation, the retired source must submit registration materials as

follows: (A) If the source is required to obtain an approval order under R307-401 or an operating permit under R307-415 prior to resuming operation, then registration information as described in R307-250-6(1) and a copy of the retired source ex emption must be submitted with the notice of intent under R307-401 or the operating permit application required under R307-415; (B) If the source does not meet the criteria of (A), then registration information as described in R307-250-6(1) and a copy of the retired source exemption must be submitted to the executive secretary at least ninety days prior to resumption of operation. (ii) The retired source exemption shall auto matically expire on the day the retired source resumes operation. (e) Loss of Future Allowances. A WEB source that is permanently retired and that does not apply to the executive secretary for a retired source ex emption within ninety days of the date that the source is permanently retired shall forfeit any unused and future allowances. The abandoned allowances shall be retired by the TSA.

R307-250-5. Account Representative for WEB Sources. (1) Each WEB source must identify one acc ount representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative. (2) Identification and Certification of an account representative. (a) The account representative and any alternate account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the account representative and any alternate binding on the owners and operators of the WEB source. (b) The account representative shall submit to the executive secretary and the TSA a signed and dated certificate that contains the following elements: (i) identification of the WEB source by plant na me and an appropriate identification code in a format specified by the executive secretary; (ii) the name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate; (iii) a list of owners and operators of the WEB source; (iv) information to be part of the emission tracking system database that is established in accordance with SIP Section XX.E.3.i. The specific da ta elements shall be as specified by the the executive secretary to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such ascounty location, industrial classification codes, and similar general facility information. (v) The following certification statement: "I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on the owners and operators of the WEB s ource. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trad ing Program on behalf of the owners and operators of the WEB source and that the ow ner and operator each shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the executive secretary regarding the WEB Trading Program." (c) Upon receipt by the executive secretary of the complete certificate, the account representative and any alternate account representativ e represents and, by his or her representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB Trading Program . Each owner and operator shall be bound by any decision or order issued by the executive secretary regarding the WEB Trading Program. (d) No WEB EATS account shall be esta blished for the WEB source until the TSA has received a complete Certificate. Once the account is established, all submissions concerning the account, including the deduction or transfer of allowances, shall be made by the account representative. (3) Responsibilities. (a) The responsibilities of the account repres entative include, but are not limited to, the transferring of allowances and the submission of monitoring plans, registrations, certification applications, sulfur dioxide emissions data and compliance reports as required by R307-250, and representing the source in all matters pertaining to the WEB Trading Program. (b) Each submission under this program shall be signed and certified by the account representative for the WEB source. Each submissi on shall include the following truth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of the owners and operators of the WEB source for which the submission is made. I certify under penalty of law that I have personally exam ined, and am familiar with, the statements and

information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaini ng the information, I certify that the statements and information are to the best of my knowledge a nd belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." (4) Changing the Account Representative or Owners and Operators. (a) Changing the Account Representative or the alternate Account Representative. The account representative or alternate account representative may be changed at any time by sending a complete superseding certificate to the executiv e secretary and the TSA under R307-250-5(2). The change will be effective upon receipt of such certificate by the TSA. Notwithstanding any such change, all representations, actions, inacti ons, and submissions by the previous account representative or alternate prior to the time a nd date when the TSA receives the superseding certificate shall be binding on the new account repres entative and the owners and operators of the

WEB source. (b) Changes in Owner and Operator. (i) Within thirty days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the account representative shall submit a revised certificate amending the list of owners and operators to include such change. (ii) In the event a new owner or operator of a WEB source is not included in the list ofowners and operators submitted in the certificate, su ch new owner or operator shall be deemed to be subject to and bound by the certificate, the representa tions, actions, inactions, and submissions of the account representative of the WEB source, and the decisions, orders, actions, and inactions of the executive secretary as if the new owner or operator were included in the list.

R307-250-6. Registration. (1) Deadlines. (a) Each source that is a WEB source on or be fore the program trigger date shall register by submitting the initial certificate required in R307-250- 5(2) to the executive secretary no later than 180 days after the program trigger date. (b) Any existing source that becomes a WEB source after the program trigger date shall register by submitting the initial certificate required in R307-250-5(2) to the executive secretary no later than September 30 of the year following the inventory year in which the source exceeded the 100 tons sulfur dioxide emission threshold in R307-250-4(1)(b). (c) Any new WEB source shall register by submitting the initial certificate required in R307-250-5(2) to the executive secretary prior to commencing operation. (2) Any allocation, transfer or deduction of a llowances to or from the source's compliance account shall not require a revision of the WEB source's operating permit under R307-415.

R307-250-7. Allowance Allocations. (1) The TSA will record the allowances fo r each WEB source in the source's compliance account once the allowances are allocated by the executive secretary under SIP Section XX.E.3.a through c. If applicable, the TSA will record a por tion of the sulfur dioxide allowances for a WEB source in a special reserve compliance account to account for any allowances to be held by the source that conducts monitoring in accordance with R307-250-9(1)(b). (2) The TSA will assign a serial number to each allowance in accordance with SIP Section

XX.E.3.f. (3) All allowances shall be allocated, recorde d, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater. (4) An allowance is not a property right, a nd is a limited authorization to emit one ton of sulfur dioxide valid only for the purpose of mee ting the requirements of R307-250. No provision of the WEB Trading Program or other law should be construed to limit the authority of the executive secretary to terminate or limit such authorization. (5) Early Reduction Bonus Allocation. Any non-utility WEB source that installs new control technology and that reduces its permitted annua l sulfur dioxide emissions to a level that is

below the floor level allocation established for th at source in SIP Section XX.E.3.a(1)(b)(i) or any utility that reduces its permitted annual sulfur dioxi de emissions to a level that is below best available control technology may apply to the executive secretary for an early reduction bonus

allocation. The bonus allocation shall be available for reductions that occur between 2003 and the program trigger year. The application must be submitted no later than 90 days after the program trigger date. Any WEB source that applies and recei ves early reduction bonus allocations must retain

the records referenced in this section for a mi nimum of five years after the early reduction bonus

allowance is certified in accordance with SIP Section XX.E.3.a(1)(c). The application for an early reduction bonus allocation must contain the following information: (a) copies of all approval orders, operating permits or other enforceable documents thatinclude annual sulfur dioxide emissions limits for the WEB source during the period the WEB source qualifies for an early reduction credit. A pproval orders, permits, or enforceable documents must contain monitoring requirements for sulfur di oxide emissions that meet the specifications in R307-250-9(1)(a). (b) demonstration that the floor level established for the source in SIP Section XX.E.3.a(1)(b)(i) for non-utilities or best availabl e control technology for utilities was calculated using data that are consistent with monitoring met hods specified in R307-250-9(1)(a). If needed, the

demonstration shall include a new floor level calcu lation that is consistent with the monitoring methodology in R307-250-9. (6) Request for Allowances for New WEB Sources or Modified WEB Sources. (a) A new WEB source may apply to the execu tive secretary for an allocation from the new source set-aside, as outlined in SIP Section XX.E.3.c . A new WEB source is eligible for an annual floor allocation equal to the lower of the perm itted annual sulfur dioxide emission limit for that source, or sulfur dioxide annual emissions calculate d based on a level of control equivalent to best available control technology (BACT) and assumi ng 100 percent utilization of the WEB source, beginning with the first full calendar year of operation. (b) An existing WEB source that has incr eased production capacity through a new approval order issued under R307-401 may apply to the execu tive secretary for an allocation from the new source set-aside, as outlined in SIP Section XX.E.3.c . An existing WEB source is eligible for an annual allocation equal to: (i) the permitted annual sulfur dioxide emission limit for a new unit; or (ii) the permitted annual sulfur dioxide em ission increase for the WEB source due to the replacement of an existing unit with a new unit or the modification of an existing unit that increased production capacity of the WEB source. (c) A source that has received a retired source exemption under R307-250-4(4) is not eligible for an allocation from the new source set-aside. (d) The application for an allocation from the new source set-aside must contain the following: (i) for a new WEB source or a new unit under R307-250-7(6)(b)(i), documentation of the actual date of the commencement of operation a nd a copy of the approval order issued under R307- 401; (ii) for an existing WEB source under R307-250-7(6)(b)(ii), documentation of the production capacity of the source before and after the new permit.

R307-250-8. Establishment of Accounts. (1) WEB EATS. All WEB sources are required to open a compliance account. Any person may open a general account for the purpose of holding and transferring allowances. In addition, if a WEB source conducts monitoring under R307-250-9(1 )(b), the WEB source shall open a special reserve compliance account for allowances associat ed with units monitored under those provisions. To open any type of account, an application that contains the following information must be

submitted to the TSA: (a) the name, mailing address, e-mail address, telephone number, and facsimile number of the account representative. For a compliance account, the application shall include a copy of the certificatefor the account representative and any a lternate as required in R307-250-5(2)(b). For a general account, the application shall include the certificate for the account representative and any alternate as required in (3)(b) below.(b) the WEB source or organization name; (c) the type of account to be opened; (d) identification of the sp ecific units that are being monitored under R307-250-9(1)(b) and that must demonstrate compliance with the allo wance limitation in the special reserve compliance account; and (e) a signed certification of truth and accura cy by the account representative according to R307-250-5(3)(b) for compliance accounts and for general accounts, certification of truth and accuracy by the account representative according to (4) below. (2) Account Representative for General A ccounts. For a general account, one account representative must be identified and an alternat e account representative may be identified and may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative. (3) Identification and Certification of an Account Representative for General Accounts. (a) The account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissi ons of the account representative binding on all persons who have an ownership interest with respect to allowances held in the general account. (b) The account representative shall submit to the TSA a signed and dated certificate that contains the following elements: (i) the name, address, e-mail (if availabl e), telephone and facsimile number of the account representative and any alternate; (ii) the organization name, if applicable; (iii) the following certification statement: "I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowan ces in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions." (c) Upon receipt by the TSA of the comple te certificate, the account representative represents and, by his or her representations, acti ons, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard to all matters concerning the general account. Such persons shall be bound by any decision or order issued by the executive secretary. (d) A WEB EATS general account shall not be established until the TSA has received a complete certificate. Once the account is estab lished, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances. (4) Requirements and Responsibilities for Ge neral Accounts. Each submission for the general account shall be signed and certified by th e account representative for the general account. Each submission shall include the following tr uth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of all person who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, th e statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and in formation or omitting required statements andinformation, including the possibility of fine or imprisonment." (5) Changing the Account Representative for General Accounts. The account representative or alternate account representative may be change d at any time by sending a complete superseding certificate to the executive secretary and the TSA under (3)(b) above. The change will take effect upon the receipt of the certificate by the TSA. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the TSA receives the supersed ing certificate shall be binding on the new account representative and all persons having ownership inte rest with respect to allowances held in the general account. (6) Changes to the Account. Any change to the information required in the application for an existing account under (1) above shall require a revision of the application.

R307-250-9. Monitoring, Recordkeeping and Reporting. (1) General Requirements on Monitoring Methods. (a) For each sulfur dioxide emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass emissions. (i) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the require ments contained in Part 75 with respect to monitoring, recording and reporting sulfur dioxide mass emissions. (ii) If a unit is not subject to 40 CFR Pa rt 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable: (A) a continuous emission monitoring system (CEMS) for sulfur dioxide and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (B) if the unit is a gas- or oil-fire d combustion device, the excepted monitoring methodology in Appendix D to 40 CF R Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to sulfur dioxi de mass emissions only) of 40 CFR 75.19; (C) one of the optional WEB protocols, if applicable, in Appendix B of State Implementation Plan Section XX, Regional Haze; or (D) a petition for site-specific monitoring that the source submits for approval by the executive secretary and approval by the U.S. Envir onmental Protection Agency in accordance with R307-250-9(9). (iii) A permanently retired unit shall not be required to monitor under this section if such unit was permanently retired and had no emissions for the entire control period and the account representative certifies in accordance with R307- 250-12(2) that these conditions were met. (b) Notwithstanding (a) above, a WEB source w ith a unit that meets one of the conditions of (i) below may submit a request to the executive secr etary to have the provisions of this subsection (b) apply to that unit. (i) Any of the following units may implement this subsection (b): (A) any smelting operation where all of the em issions from the operation are not ducted to a stack; or (B) any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery; or (C) any other type of unit without add-on su lfur dioxide control equipment, if the unit belongs to one of the following source categories: cement kilns, pulp and paper recovery furnaces, lime kilns, or glass manufacturing. (ii) For each unit covered by this subsecti on (b), the account representative shall submit anotice to request that this subsection (b) apply to one or more sulfur dioxide emitting units at a WEB

source. The notice shall be submitted in accord ance with the deadlines specified in R307-250- 9(6)(a), and shall include the following information (in a format specified by the executive secretary with such additional, related information as may be requested): (A) a list of all units at the WEB source that identifies the units that are to be covered by this subsection (b); (B) an identification of any such units that are permanently retired. (iii) For each new unit at an existing WEB source for which the WEB source seeks to comply with this subsection (b) and for which th e account representative applies for an allocation under the new source set-aside provisions of R307- 250-7(6), the account representative shall submit a modified notice under (ii) above that include s such new sulfur dioxide emitting units. The modified request shall be submitted in accordance with the deadlines in R307-250-9(6)(a), but no later than the date on which a request is submitte d under R307-250-7(6) for allocations from the setaside. (iv) The account representative for a WE B source shall submit an annual emissions statement for each unit under this subsection (b) pursuant to R307-250-9(8). The WEB source shall maintain operating records sufficient to estimat e annual sulfur dioxide emissions in a manner consistent with the emission inventory submitted by the source for calendar year 2006. In addition, if

the estimated emissions from all such units at th e WEB source are greater than the allowances for the current control year held in the special re serve compliance account for the WEB source, the account representative shall report the extra amount as part of the annual report for the WEB source under R307-250-12 and shall obtain and transfer allowances into the special reserve compliance

account to account for such emissions. (v) R307-250-9(2) - (10) shall not apply to units covered by this paragraph except where

otherwise noted. (vi) A WEB source may opt to modify the monitoring for a sulfur dioxide emitting unit to use monitoring under (a) above, but any such monitori ng change must take effect on January 1 of the next compliance year. In addition, the account repr esentative must submit an initial monitoring plan at least 180 days prior to the date on which th e new monitoring will take effect and a detailed monitoring plan in accordance with (2) below. The account representative shall also submit a revised notice under R307-250-9(1)(b)(ii) at the same time that the initial monitoring plan is

submitted. (c) For any monitoring method that the WEB source uses under R307-250-9 including (b) above, the WEB source shall install, certify, and ope rate the equipment in accordance with this section, and record and report the data from the method as required in this section. In addition, the WEB source may not: (i) except for an alternative approved by the EPA Administrator for a WEB source that implements monitoring under (a) above, use an alte rnative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with (9) below; (ii) operate a sulfur dioxide emitting unit so as to discharge, or allow to be discharged, sulfur dioxide emissions to the atmosphere without accoun ting for these emissions in accordance with the applicable provisions of this section; (iii) disrupt the approved monitoring met hod or any portion thereof, and thereby avoid monitoring and recording sulfur dioxide mass emissi ons discharged into the atmosphere, except for periods of recertification or periods when calibra tion, quality assurance testing or maintenance isperformed in accordance with the applicable provisions of this section; or (iv) retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: (A) during a period when the unit is exempt from the requirements of this Section, including retirement of a unit as addressed in (a)(iii) above; (B) the WEB source is monitoring emissions fr om the unit with another certified monitoring method approved under this Section for use at the un it that provides data for the same parameter as the retired or discontinued monitoring method; or (C) the account representative submits notificati on of the date of cer tification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accord ance with the applicable provisions of this

Section. (2) Monitoring Plan. (a) General Provisions. A WEB source with a sulfur dioxide emitting unit that uses a monitoring method under (1)(a)(ii) above shall meet the following requirements. (i) Prepare and submit to the executive s ecretary an initial monitoring plan for each monitoring method that the WEB source uses to comp ly with this Section. In accordance with (c) below, the plan shall contain sufficient information on the units involved, the applicable method, and

the use of data derived from that method to dem onstrate that all unit sulfur dioxide emissions are monitored and reported. The plan shall be submitted in accordance with the deadlines specified in (6) below. (ii) Prepare, maintain and submit to the executive secretary a detailed monitoring plan in accordance with the deadlines specified in (6) be low. The plan will contain the applicable information required by (d) below. The executive secr etary may require that the monitoring plan or portions of it be submitted electronically. The executiv e secretary may also require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under (8)(a) below or resubmitted separately within 30 da ys after any change is made to the plan in accordance with (iii) below. (iii) Whenever a WEB source makes a replacem ent, modification, or change in one of the systems or methodologies provided for in (1)(a)(ii) above, including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan, such as a change to seri al number for a component of a monitoring system, then the WEB source shall update the monitoring plan. (b) A WEB source with a sulfur dioxide emitting unit that uses a method under (1)(a)(i) above shall meet the requirements of this subs ection (2) by preparing, maintaining and submitting a monitoring plan in accordance with the requireme nts of 40 CFR Part 75. If requested, the WEB source also shall submit the entire monitoring plan to the executive secretary. (c) Initial Monitoring Plan. The account repr esentative shall submit an initial monitoring plan for each sulfur dioxide emitting unit or group of units sharing a common methodology that, except as otherwise specified in an applicable pr ovision in Appendix B of State Implementation Plan Section XX, contains the following information: (i) For all sulfur dioxide emitting units: (A) plant name and location; (B) plant and unit identification numbers assigned by the executive secretary; (C) type of unit, or units for a group of units using a common monitoring methodology; (D) identification of all stacks or pi pes associated with the monitoring plan;(E) types of fuels fired or sulfur containi ng process materials used in the sulfur dioxide emitting unit, and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology; (F) types of emissions controls for sulfur dioxide installed or to be installed, including specifications of whether such controls are pr e-combustion, post-combustion, or integral to the combustion process; (G) maximum hourly heat input capacity, or process throughput capacity, if applicable; (H) identification of all units using a common stack; and (I) indicator of whether any stack identified in the plan is a bypass stack. (ii) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identifi cation of quality assurance procedures. If the proposed methodology is a specific methodology submitted pursuant to (1)(a)(ii)(D) above, the description under this paragraph shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures. (iii) If a WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such pe tition may be submitted as part of the initial monitoring plan. (iv) The executive secretary may issue a no tice of approval or disapproval of the initial monitoring plan based on the compliance of th e proposed methodology with the requirements for monitoring in this Section. (d) Detailed Monitoring Plan. The account representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix C of State Implementation Plan Section XX, the Regional Haze SIP, shall contain the following information: (i) Identification and descri ption of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a continuous emissions monitoring system (e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmete r, data acquisition and handling system), or a protocol in Appendix B of SIP Section XX, including: (A) manufacturer, model number and serial number; (B) component and system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer and/or probe; (C) designation of the component type and method of sample acquisition or operation such as in situ pollutant concentration monitor or thermal flow monitor; (D) designation of the system as a primary or backup system; (E) first and last dates the system reported data; (F) status of the monitoring component; and (G) parameter monitored. (ii) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including: (A) hardware components that perform emi ssion calculations or store data for quarterly reporting purposes, including the manufacturer and model number; and (B) identification of the provider and model or version number of the software components. (iii) Explicit formulas for each measured em issions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the systemobservations with the reported concentrations a nd mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component or system code

observations and an indication of whether the fo rmula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in 40 CFR Part 75.19(c) is not required to report

such formulas. (iv) For units with flow monitors only, the in side cross-sectional area in square feet at the flow monitoring location. (v) If using CEMS for sulf ur dioxide and flow, for each parameter monitored, include the scale, maximum potential concentration a nd method of calculation, maximum expected concentration, if applicable, and method of calcu lation, maximum potential flow rate and method of calculations, span value, full-scale range, daily calib ration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span va lue and full scale value in standard cubic feet per hour for each unit or stack using sulfur dioxide or flow component monitors. (vi) If the monitoring system or excep ted methodology provides for use of a constant, assumed, or default value for a parameter under sp ecific circumstances, then include the following information for each value of such parameter: (A) identification of the parameter; (B) default, maximum, minimum, or constant value, and units of measure for the value; (C) purpose of the value; (D) indicator of use during controlled and uncontrolled hours; (E) types of fuel; (F) source of the value; (G) value effective date and hour; (H) date and hour value is no longer effective, if applicable; and (I) for units using the excepted methodology under 40 CFR 75.19, the applicable sulfur

dioxide emission factor. (vii) Unless otherwise specified in subs ection 6.5.2.1 of Appendix A to 40 CFR Part 75, for

each unit or common stack on which continuous emissions monitoring system hardware are

installed: (A) the upper and lower boundaries of the ra nge of operation as defined in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of pounds per hour (lb/hr) of steam, or feet per second (ft/sec), as applicable; (B) the load or operating level(s) designa ted as normal in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec, as applicable; (C) the two load or operating levels (i.e., low, mid, or high) identified in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used; (D) the date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently-used load or operating levels; and (E) activation and deactivation dates when th e normal load or operating levels change and are updated. (viii) For each unit that is complying with 40 CFR Part 75 for which the optional fuel flowto-load test in subsection 2.1.7 of Appendix D to 40 CFR Part 75 is used: (A) the upper and lower boundaries of the ra nge of operation as defined in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam;(B) the load level designated as normal, pursuant to subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and (C) the date of the load analysis used to determine the normal load level. (ix) Information related to quality assurance testing, including, as applicable: identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels expressed as percent of span for the calibration error test and linearity check; and calculations for determining maximum potential concentration, maximum expected concentration if applicable, maximum potential flow rate, and span. (x) If applicable, apportionment strate gies under sections 75.10 through 75.18 of 40 CFR

Part 75. (xi) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include: (A) a schematic diagram identifying entire ga s handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monito ring plan and (i) and (iii) above. The schematic diagram must depict the height of any monitor lo cations. Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common stack; and (B) stack and duct engineering diagrams s howing the dimensions and locations of fans, turning vanes, air preheaters, monitor component s, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks. (xii) A data flow diagram denoting the co mplete information handling path from output signals of CEMS components to final reports. (e) In addition to supplying the information in (c) and (d) above, the WEB source with a sulfur dioxide emitting unit using either of the me thodologies in (1)(a)(ii)(B) above shall include the following information in its monitoring plan for the specific situations described: (i) For each gas-fired or oil-fired sulfur dioxide emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CF R Part 75 for sulfur dioxide mass emissions, the Account Representative shall include the following information in the monitoring plan: (A) parameter monitored; (B) type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate expressed as the uppe r range value or unit maximum for each fuel flowmeter; (C) test method used to check the accuracy of each fuel flowmeter; (D) submission status of the data; (E) monitoring system identification code; (F) the method used to demonstrate that th e unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; (G) a schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeters, and the stacks. The schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling locations . Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; (H) for units using the optional default sulfur dioxide emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either subsection 2.3.1.4 or 2.3.2.4 of Appendix Dto 40 CFR Part 75; (I) for units using the 720 hour test under s ubsection 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirement s, report the procedures and results of the test;

and (J) for units using the 720 hour test under subsection 2.3.5 of Appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the

results of the test. (ii) For each sulfur dioxide emitting unit for which the WEB source uses the low mass emission excepted methodology of 40 CFR 75.19, the WE B source shall include the information in (A) through (F) in the monitoring plan that accompanies the initial certification application. (A) The results of the analysis performe d to qualify as a low mass emissions unit under 40 CFR 75.19(c). This report will include either the prev ious three years' actual or projected emissions. The report will include the current calendar year of application; the type of qualification; years one, two, and three; annual measured, estimated or proj ected sulfur dioxide mass emissions for years one, two, and three; and annual operating hours for years one, two, and three. (B) A schematic diagram identifying the relati onship between the unit, all fuel supply lines and tanks, any fuel flowmeters, and the stacks. Co mprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe. (C) For units which use the long term fuel flow methodology under 40 CFR 75.19(c)(3), a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units. (D) A statement that the unit burns only gaseous fuels or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuels or fuel oil and a list of the fuels that are projected to be burned. (E) A statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and (b) with respect to sulfur dioxide emissions. (F) Any unit historical actual, estimated a nd projected sulfur dioxide emissions data and

calculated sulfur dioxide emissions data dem onstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75.19(a) and (b). (iii) For each gas-fired unit, the account re presentative shall include the following in the monitoring plan: current calendar year, fuel usage da ta as specified in the de finition of gas-fired in 40 CFR 72.2, and an indication of whether the data are actual or projected data. (f) The specific elements of a monitoring plan under this section shall not be part of a WEB source's operating permit issued under R307-415, and modifications to the elements of the plan shall not require a permit modification. (3) Certification and Recertification. (a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or A ppendix B of State Implementation Plan Section XX, as applicable. Certification or recertification of a monitoring sy stem by the U.S. EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program. (b) The WEB source with a sulfur dioxide emitting unit not otherwise subject to 40 CFR

Part 75 that monitors sulfur dioxide mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this section shall perform all of the tests required by that regulation and shall submit the following to the executive secretary:(i) a test notice, not later than 21 days before the certification testing of the monitoring system, provided that the executive secretary may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under (2)(c) above; and (ii) an initial certification application within 45 days after testing is complete. (c) A monitoring system will be considered provisionally certified while the application is pending. (d) Upon receipt of a disapproval of the certif ication of a monitoring system or component,

the certification is revoked. The data measured a nd recorded shall not be considered valid qualityassured data from the date of issuance of the notification of revocation until the WEB source completes a subsequently-approved certification or re-certification test in accordance with the procedures in this rule. The WEB source shall appl y the substitute data procedures in this rule to replace all of the invalid data for each disapproved system or component. (4) Ongoing Quality Assurance and Quality C ontrol. The WEB source shall satisfy the applicable quality assurance and quality control requirements of 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix B of State Implementation Plan Section XX, the applicable quality assurance and quality cont rol requirements in Appendix B of State Implementation Plan Section XX on and after the date that certification testing commences. (5) Substitute Data Procedures. (a) For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with R307-250, missing or invalid data shall be replaced with subs titute data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix B of State Implementation Plan Section XX, with substitute data in accordance with that Appendix. (b) For a sulfur dioxide emitting unit that does not have a certified or provisionally certified monitoring system in place as of the beginning of th e first control period for which the unit is subject to the WEB Trading Program, the WEB source shall use one of the following procedures. (i) If the WEB source will use a continuous emissions monitoring system to comply with this Section, substitute the maximum potential concen tration of sulfur dioxide for the unit and the maximum potential flow rate, as determined in acco rdance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable. (ii) If the WEB source will use the 40 CF R Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gro ss calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75. (iii) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the sulfur dioxide emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2. (iv) If using a protocol in Appendix B of State Implementation Plan Section XX, follow the procedures in the applicable protocol. (6) Deadlines. (a) The initial monitoring plan required under R307-250-9(2)(a)(i) shall be submitted by the following dates: (i) for each source that is a WEB source on or before the program trigger date, the monitoring plan shall be submitted 180 days after such program trigger date. (ii) for any existing source that becomes a WEB source after the program trigger date, the monitoring plan shall be submitted by September 30 of the year following the inventory year inwhich the source exceeded the 100 tons per year sulfur dioxide emissions threshold in R307-250- 4(1)(b). (iii) for any new WEB source, the monitoring pl an shall be included with the notice of intent required by R307-401. (b) The detailed monitoring plan required under R307-250-9(2)(a)(ii) shall be submitted no later than 45 days prior to commencing certifica tion testing in accordance with (c) below. Modifications to the monitoring plan shall be submitted within 90 days of implementing revised monitoring plans. (c) Emission monitoring systems shall be inst alled, operational and shall have met all of the certification testing requirements of R307-250-9(3) , including any referenced in Appendix B of State Implementation Plan Section XX, by the following dates: (i) for each source that is a WEB source on or before the program trigger date, two years prior to the start of the first control period as described in R307-250-12. (ii) for any existing source that becomes a WEB source after the program trigger date, one year after the due date for the monitoring plan under (6)(a)(ii) above. (iii) for any new WEB source or any new unit at a WEB source, the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation. (d) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in R307-250-9(3)(b). (e) For each control period, the WEB source sh all submit each quarterly report no later than 30 days after the end of each calendar quarter, a nd shall submit each annual report no later than 60 days after the end of each calendar year. (7) Recordkeeping. (a) The WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. In addition, the WEB source shall keep a copy of all certificates for the duration of the WEB Trading Program. Unle ss otherwise requested by the WEB source and approved by the executive secretary, the copies shall be kept on site. (b) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for su lfur dioxide, stack flow , fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this section or in Appendix B of State Implementation Plan Section XX. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any sulfur dioxide emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section. (8) Reporting. (a) Quarterly Reports. For each sulfur dioxi de emitting unit, the account representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by the executive secretar y, including hourly and quality assurance activity information, and shall be submitted in a manner compatible with the WEB EATS. If the WEB source submits a quarterly report under 40 CFR Pa rt 75 to the U.S. EPA Administrator, no additional report under this paragraph (a) shall be required. The executive secretary may require that a copy of that report or a separate statement of quarterly and cumulative annual sulfur dioxide mass emissions be submitted separately. (b) Annual Report. Based on the quarterly reports, each WEB source shall submit an annual

statement of total annual sulfur dioxide emissions fo r all sulfur dioxide emitting units at the source. The annual report shall identify total emissions fo r all units monitored in accordance with (1)(a)above and the total emissions for all units with emissions estimated in accordance with (1)(b) above. The annual report shall be submitted within 60 days after the end of a control period. (c) If directed by the executive secretary, monitoring plans, reports, certifications or recertifications, or emissions data required to be submitted under this section also shall be submitted

to the TSA. (d) If the executive secretary rejects any report submitted under this subsection that contains errors or fails to satisfy the requirements of this section, the account representative shall resubmit the report to correct any deficiencies. (9) Petitions. A WEB source may petition for an alternative to any requirement specified in (1)(a)(ii) above. The petition shall require approval of the executive secretary and the Administrator. Any petition submitted under this paragraph shall incl ude sufficient information for the evaluation of the petition, including, at a minimum, the following information: (a) identification of the WEB source and applicable sulfur dioxide emitting unit(s); (b) a detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (c) a description and diagram of any equi pment and procedures used in the proposed alternative, if applicable; and (d) a demonstration that the proposed altern ative is consistent with the purposes of the requirement for which the alternative is proposed, is consistent with the purposes of R307-250, and that any adverse effect of approving such alternative will be de minimis; and (e) any other relevant information that the executive secretary may require. (10) For any monitoring plans, reports, or other information submitted under this Rule, the account representative shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate for the WEB source submitted

under R307-250-5.

R307-250-10. Allowance Transfers. (1) Procedure. To transfer allowances, the account representative shall submit the following

information to the TSA: (a) the number or numbers identifying the transferor account; (b) the number or numbers identifying the transferee account; (c) the serial number of each allowance to be transferred; and (d) the transferor's account representative's name, signature, and the date of submission. (2) Allowance Transfer Deadline. The a llowance transfer deadline is midnight Pacific Standard Time on March 1 of each year, or, if this date is not a business day, midnight of the first business day thereafter, following the end of the c ontrol period. By this time, the transfer of the allowances into the WEB source's compliance account must be correctly submitted to the TSA in order to demonstrate compliance under R307-250-12 for that control period. (3) Retirement of Allowances. To permanen tly retire allowances, the transferor's account representative shall submit the following information to the TSA: (a) the transfer account number identifying the transferor account; (b) the serial number of each allowance to be retired; and (c) the transferor's account representative' s name, signature, and the date of submission accompanied by a signed statement acknowledging that each retired allowance is no longer available for future transfers from or to any account. (4) Special Reserve Compliance Accounts. Allowances shall not be transferred out ofspecial reserve compliance accounts. Allowances may be transferred into special reserve compliance accounts in accordance with the procedures in paragraph (1) above.

R307-250-11. Use of Allowances from a Previous Year. (1) Any allowance that is he ld in a compliance account or general account will remain in the account until the allowance is either deducted in conjunction with the compliance process, or

transferred to another account. (2) In order to demonstrate complian ce under R307-250-12(1) for a control period, WEB sources shall only use allowances allocated for that control period or any previous year. (3) If flow control procedures for the current control period have been triggered as outlined in SIP Section XX.E.3.h(2), then the use of allowances that were allocated for any previous year will be limited in the following ways. (a) The number of allowances that are held in each compliance account and general account

as of the allowance transfer deadline for the immedi ately previous year and that were allocated for any previous year will be determined. (b) The number determined in (a) above will be multiplied by the flow control ratio

established in accordance with SIP Section XX.E.3.h to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period. (c) Allowances that were allocated for a pr evious year in excess of the number determined in (b) above may also be used for the current cont rol period. If such allowances are used to make a deduction, two allowances must be deducted fo r each deduction of one allowance required under

R307-250-12. (4) Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determined in accordance with R307-250-12(1), allowances allocated for any year prior to 2018 shall not be used for determ ining compliance with the 2018 allowance limitation or any future allowance limitation. (5) Special Reserve Compliance Accounts. Unused allowances in any special reserve compliance account will be retired after the compliance deductions under R307-250-12 have been completed for each control period, and shall not be available for use in any future control period.

R307-250-12. Compliance. (1) Compliance with Allowance Limitations. (a) The WEB source must hold allowances, in accordance with (b)and (c) below and R307- 250-11, 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 R307-250-9(1)(b), in an amount not less than th e total sulfur dioxide emissions for the control period from the WEB source, as determined unde r the monitoring and reporting requirements of

R307-250-9. (i) 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 sulfur

dioxide emissions exceeded the milestone as determined in accordance with SIP Section XX.E.1. (ii) For any existing source that becomes a WEB source after the program trigger date, the first control period is the calendar year that is f our years following the inve ntory year in which the

source became a WEB source. (iii) 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.(iv) If the WEB Trading Program is tr iggered in accordance with the 2013 review procedures in SIP Section XX.E.1.d, the first contro l period for each source that is a WEB source on or before the program trigger date is the year 2018. (b) Allowance transfer deadline. An allowance may only be deducted from the WEB source's compliance account if: (i) the allowance was allocated for the current control period or meets the requirements in R307-250-11 for use of allowances from a previous control period, and (ii) the allowance was held in the WEB s ource'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 record ing by the allowance transfer deadline for the current control period. (c) Compliance with allowance limitations shall be determined as follows. (i) The total annual sulfur dioxide emissions fo r all sulfur dioxide emitting units at the source that are monitored under R307-250-9(1)(b), as repor ted by the source to the executive secretary, in accordance with R307-250-9, and recorded in the WEB EATS shall be compared to the allowances held in the source's special reserve compliance acc ount as of the allowance transfer deadline for the current control period, adjusted in accordance with R307-250-11. 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. If the tota l emissions from such units exceed the allowances in such special reserve compliance account, the WE B source shall account for such excess emissions in the following paragraph (ii). (ii) The total annual sulfur dioxide emissi ons for all sulfur dioxide emitting units at the source that are monitored under R307-250-9(1)(a), as reported by the source to the executive secretary in accordance with R307-250-9 and recorded in the WEB EATS, together with any excess emissions as calculated in the preceding paragraph (i), 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 R307-250-11. (iii) If the comparison in paragraph (ii) above 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 R307-250-12(3)(a). (d) Other than allowances in a special re serve compliance account for units monitored under R307-250-9(1)(b), to the extent consistent with R307-250-11, allowances shall be deducted for a WEB source for compliance with the allowance lim itation 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, be ginning 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 R307-250-9( 1)(b) shall be deducted as specified in paragraph (c)(i) above. (2) Certification of Compliance. (a) 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 executive secretary a compliance certification report for the source. (b) The compliance certification report sha ll be submitted no later than the allowance transfer deadline of each control period, and shall contain the following:(i) identification of each WEB source; (ii) at the account representative's option, the se rial numbers of the allowances that are to be deducted from a source's compliance account or sp ecial reserve compliance account for compliance with the allowance limitation; and (iii) the compliance certification report according to (c) below. (c) In the compliance certification report, the account representative shall certify, based on reasonable inquiry of those persons with primar y responsibility for operating the WEB source in compliance with the WEB Trading Program, whet her the WEB source for which the compliance certification is submitted was operated in complia nce with the requirements of the WEB Trading Program applicable to the source during the control period covered by the report, including: (i) whether the WEB source operated in compliance with the sulfur dioxide allowance limitation; (ii) whether sulfur dioxide emissions da ta was submitted to the executive secretary in accordance with R307-250-9(8) and other applicable requirements for review, revision as necessary, and finalization; (iii) whether the monitoring plan for the WE B source has been maintained to reflect the actual operation and monitoring of the source, and c ontains all information necessary to attribute sulfur dioxide emissions to the source, in accordance with R307-250-9(2); (iv) whether all the sulfur dioxide emissi ons from the WEB source if applicable, were monitored or accounted for either through the app licable monitoring or through application of the appropriate missing data procedures; (v) if applicable, whether any sulfur dioxide emitting unit for which the WEB source is not required to monitor in accordance with R307-250-9(1 )(a)(iii) of this rule remained permanently retired and had no emissions for the entire applicable period; and (vi) whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report must specify the nature, reason, and date of the change, the met hod to determine compliance status subsequent to the change, and specifically, the method to determine sulfur dioxide emissions. (3) Penalties for Any WEB Source Exceeding Its Allowance Limitations. (a) Allowance Deduction Penalty. (i) An allowance deduction penalty will be assessed equal to three times the number of the

WEB source's tons of sulfur dioxide emissions in excess of its allowance limitation for a control period, determined in accordance with R307-250-12( 1). Allowances allocated for the following control period in the amount of the allowance de duction penalty will be deducted from the source's compliance account. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowan ces will 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. (ii) Any allowance deduction required under R 307-250-12(1)(c) shall not 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 th e same violation, as ordered under the Clean Air Act, implementing regulations or Utah Code 19-2. Accordingly, a violation can be assessed each day of the control period for each ton of sulfur dioxide emissions in excess of its allowance limitation, or

for each other violation of R307-250. (4) Liability. (a) WEB Source liability for non-compliance. Separate and regardless of any allowancededuction penalty, a WEB source that violates any requirement of this Rule is subject to civil and criminal penalties under Utah Code 19-2. Each day of the control period is a separate violation, and

each ton of sulfur dioxide emissi ons in excess of a source's allowance limitation is a separate

violation. (b) General Liability. (i) Any provision of the WEB Trading Progr am that applies to a source or an account representative shall apply also to the owners and operators of such source. (ii) Any person who violates any requireme nt or prohibition of th e WEB Trading Program will be subject to enforcement pursuant to Utah Code 19-2. (iii) 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

Utah Code.

R307-250-13. Special Penalty Provisions for the 2018 Milestone. (1) If the WEB Trading Program is triggered as outlined in SIP Section XX.E.1, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year. (a) All WEB sources shall register, and shall open a compliance account within 180 days after the program trigger date, in accordance with R307-250-6(1) and R307-250-8. (b) The TSA will record the allowances for the 2018 control period for each WEB source in the source's compliance account once the executive secretary allocates the 2018 allowances under

SIP Section XX.E.3.a and XX.E.4. (c) The allowance transfer deadline is mi dnight 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 R307-250-10(1) until the allowance transfer deadline. (d) A WEB source must 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 sulfur dioxide

emissions for 2018. Emissions will be determined using the pre-trigger monitoring provisions in SIP Section XX.E.2, and R307-150 (e) In accordance with R307-250-11(4) and (d ) above, the executive secretary will seek a minimum financial penalty of $5,000 per ton of su lfur dioxide emissions in excess of the WEB

source's allowance limitation. (i) Any source may resolve its excess emi ssions violation by agreeing to a streamline settlement approach where the source pays a pe nalty of $5,000 per ton or partial ton of excess emissions, and payment is received within 90 cal endar days after the issuance of a notice of

violation. (ii) Any source that does not resolve its ex cess emissions violation in accordance with the streamlined settlement approach in (i) above will be subject to enforcement action in which the executive secretary will seek a financial penalty for the excess emissions based on the statutory maximum civil penalties. (f) Each ton of sulfur dioxide emissions in excess of a source's allowance limitation is a separate violation and each day of a control period is a separate violation. (2) The provisions in R307-250-13 shall continue to apply for each year after the 2018 emission year until: (a) the first control period under the WEB trading program; or(b) the executive secretary determines, in accordance with SIP Section XX.E.1.c(10), that

the 2018 sulfur dioxide milestone has been met. (3) If the special penalty provisions continue after the year 2018 as ou tlined in (2) above, the deadlines listed in (1)(b) through (e) above will be adjusted as follows: (i) for the 2019 control period the dates will be adjusted forward by one year, except that the allowance transfer deadline shall be midnight Paci fic Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter); and (ii) for each control period after 2018 that the special penalty provisions are assessed, the dates in (i) above for the 2019 control period will be adjusted forward by one year. (4) The TSA will record the same number of allowances for each WEB source as were recorded for the 2018 control period for each subsequent control period.

R307-250-14. Integration into Permits. (1) Initial Permitting. Each source that is a WEB source on or before the program trigger date shall follow the procedures outlined in R307-415 to incorporate all of the applicable requirements of this rule into the permit issued to it under R307-415. (2) Post Trigger Permitting. (a) New WEB Source. Any existing source that becomes a WEB source after the program trigger date shall submit a Notice of Intent pursuant to R307-401 to incorporate all of the requirements of this rule into an approval order issued under R307-401 within 90 days of the date the source became a WEB source, and shall follow the procedures of R307-415 to obtain an operating permit. (b) WEB Sources No Longer Subject to Permitting Under R307-415. If a WEB source's permit issued under R307-415 ceases to be effective or required, the WEB source must submit a Notice of Intent pursuant to R307-401 to incorporate all of the requirements of this rule into an approval order issued under R307-401 within 90 days of the date the permit issued under R307-415 ceased to be effective or required.

KEY: air pollution, sulfur dioxide, market trading program Date of Enactment or Last Substantive Amendment: November 10, 2008 Notice of Continuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a); 19-2-104(3)(e)

# - This is an amendment to 20.2.73 NMAC, Sections 7 and 300 effective on 12/31/03.

20.2.73.7 DEFINITIONS: In addition to the terms defined in Part 2 (20.2.2 NMAC - definitions), as used

in thls part:
A. "air pollution control equipment" means any device, equipment, process or combination thereof

the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the

purposes of control any air contaminant to another form, another chemical or another physical state;

B. "commencement" means that an owner or operator has undertaken a continuous program of
construction or modification;
C. "construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources; D. "emission report or inventory" means a listinq, by source, of the amount of air pollutants discharged into the atmosphere of a community; 

### lD]E. "fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening; 1. "modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not
include:
(1) a change in ownership of the source;
(2) routine maintenance, repair or replacement;
(3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the federal Clean Air Act; or (4) unless previously limited by enforceable permit conditions;
(a) an increase in the production rate, if such increase does not exceed the operating design capacity of the source; 

# -

(b) an increase in the hours of operation; or (c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas; 

### IF]G. "nonattainment area" means, for any air pollutant, an area which has been designated as a nonattainment area under section 107 of the federal act; 

### [&]IJ. "operator" means the person or persons responsible for the overall operation of a facility; 

### IH]I. "owner" means the person or persons who own a facility or part of a facility; 

### [S]J. "partt means an air quality control regulation under Title 20, Chapter 2 of the New Mexico administrative code, unless otherwise noted; as adopted or amended by the board; 

### [J]I<. "portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants; "potential emission rate" means the emission rate of a source at its maximum capacity to emit a regulated air contaminant under its physical and operational design, provided any physical or operational limitation

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal act; 

### I.b]M. "potential to emit" means the maximum capacity of a stationary source to emit any air pollutant
under its physical and operational design; any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable; the potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; 

### IM]IJ. "regulated air contaminant" means[;] any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the federal act;

,- 

### IN]Q. "shutdown" means the cessation of operation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing out of batch process units; 

### lQ]P. "stationary source" or "source" means any building, structure, equipment, facility, installation

20.2.73 NMAC 1(including temporary installations), operation or portable stationary source which emits or may emit any air L.a contaminant; any research facility may group its sources for the purpose of this part at the discretion of the secretary
of the department;


### 0. "WEB source" means a stationarv source that meets the a~vlicabilitv requirements of 20.2.81.101 NMAC;

R. "western backstop sulfur dioxide trading program" means 20.2.81 NMAC, triggered as a backstop in accordance with the provisions in the sulfur dioxide milestones and backstop trading program implementation plan, if necessarv, to ensure that regional sulfur dioxide emissions are reduced.

20.2.73.300 EMISSION INVENTORY REQUIREMENTS:

A. Applicability. The requirements of Section 300 this Part (20.2.73.300 NMAC) apply to the
owner or operator of any stationary source located outside of Bernalillo County which:

(1) has been issued a permit under Part 72 (20.2.72 NMAC - construction permits) during any period

of time, except for toxic air pollutant permits issued under Part 72 (20.2.72 NMAC), Sections 401 to 499;

(2) is required to file a notice of intent under Section 200 of this part (20.2.73.200 NMAC); or
(3) emits in excess of 1 ton of lead or 10 tons of total suspended particulate, PMlo, sulfur dioxide, nitrogen oxides, carbon monoxide, or volatile organic compounds in any calendar year including and subsequent to

1990.

B. Reporting requirements.
(1) Any source which emits, or has the potential to emit, 5 tons per year or more of lead or lead compounds, or 100 tons per year or more of PMlo, sulfur oxides, nitrogen oxides, carbon monoxide, or volatile organic compounds shall submit an emissions report annually.

(2) Any source defined as a major source of hazardous air pollutants under Part 70 (20.2.70 NMAC - operating permits) shall submit an emissions report annually.
(3) Any source which is located in an ozone nonattainment area and which emits, or has the potential to emit, 25 tons per year or more of nitrogen oxides or volatile organic compounds shall submit an emissions report annually.
(4) Any source which is not required by Paragraph (I), (2), or (3) of Subsection B of ths section 

# -

(20.2.73.300 NMAC) to submit an emission report shall submit an emissions report under this part upon request by

the department, but no more frequently than annually. (5) Except as provided in Paragraph (8) of Subsection B of this section (20.2.73.300 NMAC), the department shall provide to the owner or operator required by this section (20.2.73.300 NMAC) to submit an emissions report a complete copy of the most current emissions report for their stationary source which is on file

with the department. The department shall provide this copy to the owner or operator at least 90 days prior to the

date when the source is required to submit an emissions report.
(6) The owner or operator shall submit to the department a complete, correct and current emissions report in the format specified by the department which reflects emissions during the previous calendar year.

(7) Except as provided in Paragraph (8) of Subsection B of this section (20.2.73.300 NMAC) the owner or operator shall submit the emission report by April 1 of each year in which the source is required to submit an emission report.
(8) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under Part 70 (20.2.70 NMAC - operating permits) shall submit such report on that date.

The department shall provide a copy of the previous emissions report upon request by the owner or operator of such

source. C. Content of emissions reports. Emissions report contents shall include:

(1) the name, address, and physical location of the stationary source;

(2) the name and telephone number of the person to contact regarding the emissions report;

(3) a certification signed by the owner, or operator, or a responsible official as defined in Part 70 (20.2.70 NMAC) attesting that the statements and information contained in the emissions report are true and

accurate to the best knowledge and belief of the certifying official, and including the full name, title, signature, date

of signature, and telephone number of the certifying official; for sources subject to Part 70 (20.2.70 NMAC), the certification shall be made as required under that part; smelters shall submit an annual report of sulfur input. in tonslvear; 

# I@j]m for each emission point, as required by the department:

(a) stack and exhaust gas parameters;
(b) type of control equipment and estimated control efficiency;

20.2.73 NMAC 2(c) schedule of operation;

(d) estimated actual emissions, including fugitive emissions and emissions occurring during
maintenance, start-ups, shutdowns, upsets, and downtime of total suspended particulate, PMlo, sulfur oxides, nitrogen oxides, carbon monoxide, volatile organic compounds, and lead in tons per year and a description of the

methods utilized to make such estimates, including calculations;
(e) the annual process or fuel combustion rates; and
(f) the fuel heat, sulfur, and ash content; and 

# 1(9]m all information required under the federal act.

D. Additional content for emissions reports from sources in ozone nonattainment areas. Emissions reports from sources located in ozone nonattainment areas shall include, in addition to the contents specified by Subsection C of this section (20.2.73.300 NMAC), the following information:
(1) typical daily process rate during the peak ozone season, where the peak ozone season is specified by the department; and
(2) estimated actual emissions of nitrogen oxides and volatile organic compounds, which shall be reported:
(a) for each emissions point; and
(b) for each process and fuel type contributing to emissions from each point; and
(c) in units of tons per year for annual emissions; and
(d) in units of pounds per day for a typical day during the peak ozone season. E. Waiver of reporting requirements for insignificant emissions. The department may waive the requirements of Paragraph (4) of Subsection C of this section (20.2.73.300 NMAC) for emissions which the department determines to be insignificant under Part 70 (20.2.70 NMAC), except that:
(1) for sources in nonattainment areas, reporting of emissions of pollutants for which the area is

nonattainment shall not be waived;
(2) reporting of emissions for which reporting is required under the federal act shall not be waived.
F. Emission tracking requirements for sulfur dioxide emission inventories. All stationary sources

with actual emissions of one hundred (100) tons per year or more of sulfur dioxide in the year 2000, or in any subsequent year, shall submit an annual inventory of sulfur dioxide emissions. beginning with the 2003 emission inventory. A source that meets these criteria that then emits less than 100 tons per year in a later year shall submit a sulfur dioxide inventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading vrogram has been fully implemented and emission traclung has occurred under

20.2.81.106 NMAC.

1 All WEB sources will be subiect to the following federally enforceable provisions:
(a) submit an annual inventory of sulfur dioxide emissions; Jb) document the emissions monitoringlestimation methodologv used. and demonstrate that
the selected methodology is acceptable under the inventory program; Jc) include emissions from start up, shut down, and upset conditions in the annual total inventory;
(d) use 40 CFR Part 75 methodology for reporting emissions for all sources subiect to the
federal acid rain program;
Je) maintain all records used in the calculation of the emissions, including but not limited to the following: Ji) amount of fuel consumed, (ii) percent sulfur content of fuel and how the content was determined, fiii) quantity of product monitorinc data, Jiv) emissions monitoring data, Jv) operating data, and Jvi) how the emissions are calculated; Jf) maintain records of any vhvsical changes to facility operations or equipment, or any other changes that may affect the emissions proiections: and
(2) retain records for a minimum of ten years from the date of establishment, or if the record

was the basis for an adiustment to the milestone, 5 years after the date of an implementation plan revision,

whichever is longer.
(2) The state shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emissions monitoring techniques can be tracked.

20.2.73 NMAC 3



### -

p- - .- -

## Emission Inventories,
Utah Administrative Code R307-150

R307. Environmental Quality, Air Quality.

R307-150. Emission Inventories. R307-150-1. Purpose and General Requirements. (1) The purpose of R305-150 is: (a) to establish by rule the time frame, polluta nts, and information that sources must include in inventory submittals; and (b) to establish consistent reporting requirement s for stationary sources in Utah to determine

whether sulfur dioxide emissions remain below the sulfur dioxide milestones established in the State Implementation Plan for Regional Haze, sec tion XX.E.1.a, incorporated by reference in

R30 7-110-28. (2) The requirements of R307-150 replace a ny annual inventory reporting requirements in approval orders or operating permits issued prior to December 4, 2003. (3) Emission inventories shall be submitted on or before ninety days following the effective date of this rule and thereafter on or before April 15 of each year following the calendar year for which an inventory is required. The inventory shall be s ubmitted in a format specified by the Division of Air Quality following consultation with each source. (4) The executive secretary may require at any time a full or partial year inventory upon

reasonable notice to affected sources when it is determined that the inventory is necessary to develop a state implementation plan, to assess whether there is a threat to public health or safety or the environment, or to determine whether the source is in compliance with R307. (5) Recordkeeping Requirements. (a) Each owner or operator of a stationary source subject to this rule shall maintain a copy of the emission inventory submitted to the Division of Air Quality and records indicating how the information submitted in the inventory was determined, including any calculations, data, measurements, and estimates used. The records unde r R307-150-4 shall be kept for ten years. Other records shall be kept for a period of at least five years from the due date of each inventory. (b) The owner or operator of the stationary source shall make these records available for inspection by any representative of the Division of Air Quality during normal business hours.

R307-150-2. Definitions. The following additional definitions apply to R307-150. "Acute Contaminant" means any noncarcinogeni c air contaminant for which a threshold limit value - ceiling (TLV-C) has been adopted by the Am erican Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition. "Carcinogenic Contaminant" means any air cont aminant that is classified as a known human carcinogen (A1) or suspected human carcinogen (A2) by the American Conference of Governmental Industrial Hygienists in its "Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition. "Chronic Contaminant" means any noncarcinoge nic air contaminant for which a threshold limit value - time weighted average (TLV-TWA) having no threshold limit value - ceiling (TLV-C)has been adopted by the American Conference of Governmental Industrial Hygienists in its

"Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices," 2003 edition.

"Dioxins" and "Furans" mean total tetra- through octachlorinated dibenzo-p-dioxins and

dibenzofurans.

"Emissions unit" means emissions unit as defined in R307-415-3. "Large Major Source" means a major source that emits or has the potential to emit 2500 tons or more per year of oxides of sulfur, oxides of nitrogen, or carbon monoxide, or that emits or has the potential to emit 250 tons or more per year of PM10, PM2.5, volatile organic compounds, or

ammonia. "Lead" means elemental lead and the portion of its compounds measured as elemental lead. "Major Source" means major source as defined in R307-415-3.

R307-150-3. Applicability. (1) R307-150-4 applies to all stationary sources with actual emissions of 100 tons or more per year of sulfur dioxide in calendar year 2000 or any subsequent year unless exempted in (a) below. Sources subject to R307-150-4 may be subject to other sections of R307-150. (a) A stationary source that meets the requi rements of R307-150-3(1) that has permanently ceased operation is exempt from the requirements of R307-150-4 for all years during which the source did not operate at any time during the year. (b) Except as provided in (a) above, any sour ce that meets the criteria of R307-150-3(1) and that emits less than 100 tons per year of sulfur dioxi de in any subsequent year shall remain subject to the requirements of R307-150-4 until 2018 or until the first control period under the Western Backstop Sulfur Dioxide Trading Program as estab lished in R307-250-12(1)(a), whichever is earlier. (2) R307-150-5 applies to large major sources. (3) R307-150-6 applies to: (a) each major source that is not a large major source; (b) each source with the potential to emit 5 tons or more per year of lead; and (c) each source not included in (2) or (3)(a) or (3)(b) above that is located in Davis, Salt Lake, Utah, or Weber Counties and that has the potentia l to emit 25 tons or more per year of any combination of oxides of nitrogen, oxides of sulfur and PM10, or the potential to emit 10 tons or more per year of volatile organic compounds. (4) R307-150-7 applies to Part 70 sources not included in (2) or (3) above.

R307-150-4. Sulfur Dioxide Milestone Inventory Requirements. (1) Annual Sulfur Dioxide Emission Report. (a) Sources identified in R307-150-3(1) shall submit an annual inventory of sulfur dioxide emissions beginning with calendar year 2003 for all emissions units including fugitive emissions. (b) The inventory shall include the rate and period of emissions, excess or breakdown emissions, startup and shut down emissions, the speci fic emissions unit that is the source of the air pollution, type and efficiency of the air pollution cont rol equipment, percent of sulfur content in fuel and how the percent is calculated, and other in formation necessary to quantify operation and emissions and to evaluate pollution control effici ency. The emissions of a pollutant shall be calculated using the source's actual operating hour s, production rates, and types of materials processed, stored, or combusted during the inventoried time period. (2) Each source subject to R307-150-4 that is also subject to 40 CFR Part 75 reportingrequirements shall submit a summary report of annual sulfur dioxide emissions that were reported to the Environmental Protection Agency under 40 CFR Pa rt 75 in lieu of the reporting requirements in (1) above. (3) Changes in Emission Measurement Techni ques. Each source subject to R307-150-4 that uses a different emission monitoring or calculation me thod than was used to report their sulfur dioxide

emissions in 2006 under R307-150 or 40 CFR Part 75 sh all adjust their reported emissions to be comparable to the emission monitoring or calculati on method that was used in 2006. The calculations that are used to make this adjustment shall be included with the annual emission report.

R307-150-5. Sources Identified in R307- 150-3(2), Large Major Source Inventory Requirements. (1) Each large major source shall submit an emission inventory annually beginning with calendar year 2002. The inventory shall include PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide, volatile organic compounds, and amm onia for all emissions units including fugitive

emissions. (2) For every third year beginning with 2005, the inventory shall also include all other chargeable pollutants and hazardous air pollutants not exempted in R307-150-8. (3) For each pollutant specified in (1) or (2 ) above, the inventory shall include the rate and period of emissions, excess or breakdown emissions, startup and shut down emissions, the specific emissions unit that is the source of the air po llution, composition of air contaminant, type and efficiency of the air pollution control equipmen t, and other information necessary to quantify operation and emissions and to evaluate pollution c ontrol efficiency. The emissions of a pollutant shall be calculated using the source's actual operati ng hours, production rates, and types of materials processed, stored, or combusted during the inventoried time period.

R307-150-6. Sources Identified in R307-150-3(3). (1) Each source identified in R307-150-3(3) shall submit an inventory every third year beginning with calendar year 2002 for all emissions units including fugitive emissions. (a) The inventory shall include PM10, PM2.5, oxides of sulfur, oxides of nitrogen, carbon monoxide, volatile organic compounds, ammonia, other chargeable pollutants, and hazardous air pollutants not exempted in R307-150-8. (b) For each pollutant, the inventory shall incl ude the rate and period of emissions, excess or breakdown emissions, startup and shut down emissi ons, the specific emissions unit which is the source of the air pollution, composition of air contam inant, type and efficiency of the air pollution control equipment, and other information necessa ry to quantify operation and emissions and to evaluate pollution control efficiency. The emissions of a pollutant shall be calculated using the source's actual operating hours, production rates, a nd types of materials processed, stored, or combusted during the inventoried time period. (2) Sources identified in R307-150-3(3) shall submit an inventory for each year after 2002 in which the total amount of PM10, oxides of sulfur , oxides of nitrogen, carbon monoxide, or volatile organic compounds increases or decreases by 40 tons or more per year from the most recently submitted inventory. For each pollutant, the inventory shall meet the requirements of R307-150-6(1)(a) and (b).

R307-150-7. Sources Identified in R307-150-3(4), Other Part 70 Sources. (1) Sources identified in R307-150-3(4) sha ll submit the following emissions inventory everythird year beginning with calendar year 2002 for all emission units including fugitive emissions. (2) Sources identified in R307-150-3(4) shall submit an inventory for each year after 2002 in

ventory shall include individual pollutant totals of all chargeable

307-150-8. Exempted Hazardous Air Pollutants. this rule if they are emitted in an amount less

TABLE 1

CONTAMINANT Pounds/year

3

the applicable TLV-C expressed in milligrams per cubic meter

nd mu pressed in milligrams per cubic

eter a TLV-TWA expressed in illigra

EY: air pollution, reports, inventories mendment: September 4, 2008

ed Law: 19-2-104(1)(c) which the total amount of PM10, oxides of sulfur , oxides of nitrogen, carbon monoxide, or volatile organic compounds increases or decreases by 40 tons or more per year from the most recently submitted inventory. (3) The emission in pollutants not exempted in R307-150-8.

R (1) The following air pollutants are exempt from

than that listed in Table 1.

Arsenic 0.21

Benzene 33.90 Beryllium 0.04 Ethylene oxide 38.2 Formaldehyde 5.83

(2) Hazardous air pollutants, except for dioxins or furans, are exempt from being reported if they are emitted in an amount less than the smaller of the following: (a) 500 pounds per year; or (b) for acute contaminants, a ltiplied by 15.81 to obtain the pounds-per-year threshold; or (c) for chronic contaminants, the applicab le TLV-TWA ex m nd multiplied by 21.22 to obtain the pounds-per-year threshold; or (d) for carcinogenic contaminants, the a pplicable TLV-C or m ms per cubic meter and multiplied by 7.07 to obtain the pounds-per-year threshold.

K

Date of Enactment or Last Substantive A Notice of Continuation: February 5, 2009 Authorizing, and Implemented or Interpret

### Evaluation of Smoke Management (20.2.65 NMAC)This portion of Appendix B to the TSD concer ns our evaluation of a revision to the New
Mexico State Implementation Plan (SIP) specifica lly concerning a revision to Title 20, Chapter
2, Part 65 Smoke Management (20.2.65 New Mexico Ad ministrative Code (NMAC), or Part 65).
A section-by-section evaluation of the Title 20, Chapter 2, Part 65 Smoke Management is as

follows:

TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 2 AIR QUALITY (STATEWIDE)

PART 65 SMOKE MANAGEMENT

20.2.65.1 ISSUING AGENCY: Environmental Improvement Board. [20.2.65.1 NMAC - N, 12/31/03]

This section sets forth the o fficial administrative body responsi ble for this regulation. This section should be approved.

20.2.65.2 SCOPE: All geographic areas within the jurisdiction of the environmental improvement board. [20.2.65.2 NMAC - N, 12/31/03]

This section sets forth the goal and applicability of this regulation.

20.2.65.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Subsection 74- 1-8(A) (4) and Air Quality Control Act, NMSA 1978, Secti ons 74-2-1 to -22, including specifically, Subsections 74- 2-5(A), (B) and (C). [20.2.65.3 NMAC - N, 12/31/03]

This section sets forth the le gal authority of the issuing agency for this regulation.

20.2.65.4 DURATION: Permanent. [20.2.65.4 NMAC - N, 12/31/03]

This section provides that this regula tion is not of the temporary nature.

20.2.65.5 EFFECTIVE DATE: December 31, 2003, except where a later date is cited at the end of a

section. [20.2.65.5 NMAC - N, 12/31/03] [The latest effective date of any section in this part is December 31, 2003.]

This section sets forth the date upon wh ich the regulation will go in effect.

20.2.65.6 OBJECTIVE: The objective of this part is to manage the air quality impacts of smoke from all sources of fire. This part does not preempt any more stringent controls on burning provided in:

A. any other New Mexico statute or regulation or any local law, ordinance or regulation; or

B. any lawfully issued restriction on burning such as may be issued for wildfire prevention. [20.2.65.6 NMAC - N, 12/31/03]

This section describes th e purpose of the regulation.20.2.65.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this
part:
A. "alternatives to burning" means treatments employing manua l, mechanical, chemical, or biological methods to manage vegetation or fuel loads or land management practices that treat vegetation (fuel) without using fire; a treatment or practice may only be considered an altern ative if it has successfully been used to take the place of fire for at least three years; B. "burn project" means, in prescribed burning or in wildla nd fire use, a burn on an area that is contiguous and is being treated or managed for the same land management objectives;

C. "burner" means that person who is responsible for a prescribed fire project that is regulated under this part;

D. "class I area" means all international parks, national w ilderness areas that exceed 5,000 acres in area, national memorial parks that exceed 5,000 acres in area, and national park areas that exceed 6,000 acres in area and that existed on the date of enactment of the Clean Air Act amendments of 1977; the extent of the areas designated as class I shall conform to any changes in the boundaries of such areas that occurred subsequent to the

date of the enactment of the Clean Ai r Act amendments of 1977 or 1990; E. "emission reduction technique" means a strategy for controlling smoke from prescribed fires that minimizes the amount of smoke output per unit of area treated or other objective unit of accomplishment; such strategy shall be used in conjunction with fire and sha ll not be a replacement for fire; for the purposes of this regulation, a technique used within three years of a burn ing operation is an emission reduction technique; if that same technique replaces fire for three years or more, the technique is considered an alternative to burning;

F. "non-attainment area" means an area which has been designated under section 107 of the federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal environmental protection agency; G. "part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the board; H. "pile" means vegetative materials that have been relocated either by hand or machinery and heaped together;

I. "pile volume" means a pile's gross volu me, including the air space between solid constituents, as calculated from the pile's overall dimensions and shape; J. "population" means the total of individuals occupying an area; locations for individuals within an area include, but are not limited to, open campgrounds, singl e family dwellings, hospitals, schools in use, villages, and open places of employment;

K. "prescribed fire" means any fire ignited by any person to meet specific land management objectives; for the purposes of this part, wildland fire use is considered prescribed fire ; any fire ignited in an air curtain incinerator is not "prescribe d fire" for purposes of this part; L. "public notification" means any method that communicates burn information to the burners, air regulators, the local fire authority, and to the general public;

M. "SMP I" means burn projects that emit less than one ton per day of PM-10 emissions or burn less than 5,000 cubic feet pile volume of vegetative material per day;

N. "SMP II" means burn projects that emit greater than or equal to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume of vegetative material per day; O. "vegetative material" means untreated wood an d untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (w hole or chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, grass, grass clippings, leaves, conifer needles, bushes, shrubs, clippings from bushes and shrubs, and agricultural plant residue; P. "ventilation category" means that adjective describing the ventilation index conditions in terms of excellent, very good, good, fair, and poor; Q. "ventilation index" means an index that describes the potential for smoke or other pollutants to ventilate away from their source;

R. "wildfire" means any unplanned, non-structural fire that occurs on wildland;

S. "wildland" means an area in which development is e ssentially non-existent, except for roads, railroads, power lines, and similar transportation facilities; structures if any are widely scattered;

T. "wildland fire use" means the management of wildfire, which is naturally ignited (such as by lightning or volcanic eruption) fire, to accomplish specifi c pre-stated resource objectiv es in predefined geographic areas, also known as fire use, w ildfire use, prescribed natural fire, and fire for resource benefit. [20.2.65.7 NMAC - N, 12/31/03]Utilization of these terminologies will provide for clarity and facilitate application of the regulation.

20.2.65.8 to 20.2.65.99 [RESERVED]

20.2.65.100 APPLICABILITY:

A. This part applies to all users of prescribed fire that: (1) exceeds ten acres in area or 1,000 cubic feet of pile volume per day of vegetative material; or (2) exceeds the daily burn area or pile volume thresholds specified in Subsection A of 20.2.60.111 NMAC (open burning).

B. This part also applies to burn projects otherwise subject to 20.2.60 NMAC (open burning) that users of prescribed fire voluntary choose to register with the department under Subsection C of 20.2.65.102 NMAC

or Subsection G of 20.2.65.103 NMAC.

C. In addition, portions of this part also apply to the land manager or owner of property on which a

wildfire occurs. [20.2.65.100 NMAC - N, 12/31/03]

The revision will clarify that all users of prescribed fires (land managers, property owners) are subject to the requirements in Subsection A, B, and C.

20.2.65.101 MATERIALS ALLOWED TO BE BURNED: Only vegetative material shall be burned, with the following exceptions.

A. Auxiliary fuel or incendiary devices may be used to ignite the burning authorized by this section, provided that: (1) no oil heavier than no. 2 diesel shall be used; and (2) no more than the minimum amount of auxiliary fuel necessary to complete the burn shall be used.

B. Polyethylene sheeting may be burned with the vegetative materials, provided that: (1) the sheeting has been covering piled vegetative material for at least one month prior to burning; (2) the amount of sheeting burned is no more than the minimum necessary to cover the pile; (3) removal of the sheeting before burning is impractical; and (4) the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic. [20.2.65.101 NMAC - N, 12/31/03]

This section sets forth the type of materials on e is allowed to burn. Outlining what materials can be burned provides for consistency in the type of fires allowed in the State.

20.2.65.102 REQUIREMENTS FOR SMP I: For any burn project of less than one ton of PM-10 emissions per day or less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply.

A. The burner shall burn only under appropriate dispersion conditi ons. In order to accomplish this objective, the burner shall follow one of the two options below. (1) The burner shall: (a) ignite burns only during the hours from one hour after sunrise until one hour before sunset; the burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project; the burner shall document th e reasons for waiver applica tion on the appropriate form provided by the department; the department shall notify the burner no later than one week prior to the planned burn project of whether the waiver is granted or denied; the depa rtment shall consider such wa iver requests on a case-bycase basis; and (b) conduct burn projects at least 300 feet from any occupi ed dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; the burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project; the burner shall do cument the reasons for waiver applica tion on the appropriate form providedby the department; the department shall notify the burner no later than one week prior to the planned burn project of whether the waiver is granted or denied; the department sha ll consider such waiver requests on a case-by-case basis;

or (2) the burner shall: (a) only burn during times when the ventilation category is good or better; the burner may apply for a waiver of this requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn project; the burner shall document th e reasons for waiver applica tion on the appropriate form provided by the department; the department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn project of whether the waiver is granted or denied; the department shall consider such waiver requests on a case-by-case basis; and (b) conduct visual monitoring and shall document the results; the burner shall maintain records of those results for a period of one year; for any burn project planned to be conducted within a one mile radius of a population, the department may require that the burner notify the department no later than two business days prior to the planned burn project so that the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner; the need for instrument monitoring shall be determined by the department on a case-by-case basis.

B. The burner shall notify the local fire authority prior to igniting a burn.

C. The burner shall register the burn project with the department on a registration form provided by the department no later than 10:00 a.m. one business da y prior to the planned ignition of the burn project. The department shall provide the burner with a registration number for the burn project. Prior to igniting the burn project, if the burner has not received the registration number, the burner sha ll make a good faith effort to contact the department to obtain the registration number. For burn projects longer than seven days, the burner shall notify the department separately for each seven days of burning to be conducted unde r that burn project registration. The

burner shall not burn more area or volume than the bur ner has included in the notification or registration.

D. The burner shall submit a comple ted burn project tracking form to the department on a tracking form provided by the department no later than two weeks following completion of the burn project.

E. For burn projects conducted within a one-mile ra dius of a population, the following requirements shall apply in addition to all other requirements in this section (20.2.65.102 NMAC): (1) the burner shall conduct visual monitoring and document the results; and (2) the burner shall conduct public notification of populations within a one-mile radius of the burn project no later than two days prior to, and no earlier than thirty days in advance of, igniting a burn project.

F. The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year. [20.2.65.102 NMAC - N, 12/31/03]

For burn projects that emit less than one ton per day of PM-10 emissions or burn less than 5,000 cubic feet pile volume of vegetative material per day the burner must conduct one of the following two group of actions: 1) review the smoke management educational and outreach materials; evaluate and consider other means than burning; put in place at minimum one emission reduction technique; or

2) conduct burn when ventilation is rated “good” or better; conduct visual monitoring; notify local responsible authorities; register the burn pr oject and obtain a burn registration number; submit a completed burn project tracking form to the department by a specified time; perform visual monitoring and doc ument such a conduct; conduct public notification of people within a one-mile radius of the burn pr oject; and record its actions and maintain such records for a minimum of a year. The requirements described in option 1 or optio n 2 will provide for enforcement of the SMP I burn projects

.

20.2.65.103 REQUIREMENTS FOR SMP II: For any burn project with emi ssions greater than or equal to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume per day, all of thefollowing requirements shall apply.

A. The burner shall review smoke management educational material supplied by the department or complete an approved smoke management training program prior to initiating burning.

B. The burner shall consider alte rnatives to burning and shall document this consideration and rationale for not using alternatives on the form provided by the department.

C. The burner shall implement at least one emission reduction technique and shall document this implementation on the forms provided by the department. The burner may apply for a waiver of this requirement in writing from the department no later than two weeks prior to the planned burn project. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 10:00 a.m. one week prior to the planned burn project of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis, ta king into consideration the criteria of efficiency, economics, law, emission reduction opportunities, land management objectives, and reduction of visibility impact.

D. The burner shall only burn during times when th e ventilation category is "good" or better. The burner may apply for a waiver of this requirement in writing from the department no later than 10:00 a.m. one business day prior to the planned burn. The burner shall document the reasons for waiver application on the appropriate form provided by the department. The department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn of whether the waiver is granted or denied. The department shall consider such waiver requests on a case-by-case basis.

E. The burner shall conduct visual monitoring and shall document the results.

F. The burner shall notify the local fire authority prior to igniting a burn.

G. The burner shall register a burn project with the department on forms provided by the department no later than two weeks prior to planned ignition of the burn.

H. The burner shall notify the department of the intent to burn on a specific date no later than 10:00 a.m. one business day prior to the planned burn project. The notification may be made for up to a seven-day advance period. The department shall notify the burner of the receipt of the notification by 11:0 0 a.m. If the department has not notified the burner by 11:00 a.m., the burner shall make a good faith effort to contact the department to verify that the department received the notif ication prior to igniting the burn. The burn er shall not burn more area or volume than the burner has included in the notification. The department shall notify the burner no later than 3:00 p.m. one business day prior to the burn project if a modification of the burn is required.

I. The burner shall complete and submit to the department on a form provided by the department a fire activity tracking form no later than two weeks following the end of the burn project.

J. For burns planned to be conducted with the wind blowing toward a population, or within a fifteen mile radius of a population if wind direction is not consid ered, the following requirements shall apply in addition to all other requirements in this section (20.2.65.103 NMAC). (1) The department may require that the burner notify the department no later than two business days prior to the planned burn so that the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring shall be determined by the department on a case-by-case basis; and (2) The burner shall conduct public notification no later than two days prior to, and no sooner than thirty days in advance of, igniting a burn.

K. The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year. [20.2.65.103 NMAC - N, 12/31/03]

For burn projects that emit greater than or equa l to one ton of PM-10 emissions per day or greater than or equal to 5,000 cubic feet pile volume of ve getative material per day the burner

must: review the smoke management e ducational and outreach materials; evaluate and consider other means than burning; put in place at minimu m one emission reduction technique; only burn during times when the ventilation category is "go od" or better; perform visual monitoring and shall document the results; inform the local fire responsible official before actually igniting a burn; register a burn project with the department using their form s two weeks before the burn or sooner; perform visual monitoring and doc ument such a performance; conduct publicnotification of people within a fifteen mile radius of a popul ation (pending wind direction); conduct instrument monitoring in addition to visu al monitoring (instrument monitoring to be determined by the department on a case by case de termination); shall con duct public notification within a specified time line; and record its acti ons relevant to SMP II and maintain such records for a minimum of a year. The requirements described above will provide for enforcement of the SMP II burn projects

.

20.2.65.104 WILDLAND FIRE USE: For wildland fire use exceeding ten acres in area, the following requirements shall apply.

A. The burner shall register a burn project with the department on forms provided by the department no later than one business day following the decision to manage a wildland fire use burn. The burner shall notify the department daily by 10:00 a.m. of the status of the burn.

B. The burner shall notify the appropriate authorities of the decision to manage a wildland fire use burn. For burns within a fifteen mile radius of a population, the burner shall conduct public notification no later than one calendar day of the decision to manage the burn as a wildland fire use.

C. The burner shall conduct visual monitoring and shall document the results.

D. The burner shall complete and submit to the department a fire activity tracking form no later than two weeks following the end of the burn project.

E. The burner shall maintain all records of actions performed pursuant to the requirements of this section for a period of at least one year. [20.2.65.104 NMAC - N, 12/31/03]

This section requires that burners register a burn project, notif y the authorities, conduct timely public notification, perform visual monitoring and document the result s of such monitoring, submit a fire tracking activity report in a tim ely manner, and maintain such records for a minimum of one year. This section provides fo r recording, reporting, and monitoring of wildland

fire activities.

20.2.65.105 WILDFIRE UNDER SUPPRESSION: The land manager or owner of property on which a wildfire exceeding 100 acres in area occurs shall complete and submit to the department a fire activity tracking form no later than six weeks or by November 1 of that year, wh ichever is earlier, following the cessation of fire fighting

activities on the wildfire. [20.2.65.105 NMAC - N, 12/31/03]

This section set forth the timelines a land manage r or owner will need to adhere to when wild

fires exceeds 100 acres. The secti on also provides for fore activ ity tracking form and reporting. This section assists in transpar ency and reporting of wildfires.

HISTORY OF 20.2.65 NMAC: Pre-NMAC History: None.

History of Repealed Material: [RESERVED]

Other History: [RESERVED]

### Evaluation of Open Burning (20.2.60 NMAC)This portion of Appendix B to the TSD concer ns our evaluation of a revision to the New
Mexico State Implementation Plan (SIP) specifica lly concerning a revision to Title 20, Chapter
2, Part 60 Open Burning (20.2.60 New Mexico Administrative Code (NMAC), or Part 60). A
section-by-section evaluation of the Title 20, Chapter 2, Part 60 Open Burning (20.2.60 NMAC)

submittal is as follows:

TITLE 20 ENVIRONMENTAL PROTECTION CHAPTER 2 AIR QUALITY (STATEWIDE)

PART 60 OPEN BURNING

20.2.60.1 ISSUING AGENCY: Environmental Improvement Board. [20.2.60.1 NMAC - Rp 20.2.60.1 NMAC, 12/31/03]

This section sets forth the o fficial administrative body responsi ble for this regulation. This section should be approved.

20.2.60.2 SCOPE: All geographic areas within the jurisdiction of the environmental improvement board. [20.2.60.2 NMAC - Rp 20.2.60.2 NMAC, 12/31/03]

This section sets forth the goal and applicability of this regulation.

20.2.60.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -15, including specifically Subsections 74-1-8(A) (4) an d (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically Subsections 74-2-5(A), (B) and (C). [20.2.60.3 NMAC - Rp 20.2.60.3 NMAC, 12/31/03]

This section sets forth the le gal authority of the issuing agency for this regulation.

20.2.60.4 DURATION: Permanent. [20.2.60.4 NMAC - Rp 20.2.60.4 NMAC, 12/31/03]

This section provides that this regula tion is not of the temporary nature.

20.2.60.5 EFFECTIVE DATE: December 31, 2003, except where a later date is cited at the end of a

section. [20.2.60.5 NMAC - Rp 20.2.60.5 NMAC, 12/31/03] [The latest effective date of any section in this part is December 31, 2003.]

This section sets forth the date upon wh ich the regulation will go in effect.

20.2.60.6 OBJECTIVE: The objective of this part is to protect public health and welfare by establishing controls on pollution produced by open burning. This part does not preempt any more stringent controls on open burning provided in:

A. any other New Mexico statute or regulation, or any local law, ordinance or regulation; or

B. any lawfully issued restriction on open burning, including those that may be issued for prevention

of wildfires. [20.2.60.6 NMAC - Rp 20.2.60.6 NMAC, 12/31/03]

This section describes th e purpose of the regulation.20.2.60.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this
part: A. "air pollution episode" means an air pollution alert, warn ing, or emergency issued by the department pursuant to the air pollution episode contingency plan for New Mexico, as included in New Mexico's state implementation plan as adopted by the environmental improvement board, and Section 74-2-10 NMSA 1978;

B. "household waste" means any waste including garbage and trash, derived from households including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day use recreation areas;

C. "nonattainment area" means an area which has been designated under Section 107 of the federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by the federal environmental protection agency;

D. "open burning" means any manner of burning, whether caused, suffered or allowed, not in a device or chamber designed to achieve combustion, where the products of combustion are emitted, directly or indirectly, into the open air; open burning does not include detonation of manufactured explosives; E. "part" means an air quality control regulation under Title 20, Chapter 2, of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the board; F. "pile volume" means the gross volume of a pile, including the air space between solid constituents, as calculated from the overall dimensions and shape of the pile; G. "salvage operation" means any operation to sa lvage or reclaim any material for use or sale, such as reprocessing of used motor oils, metals, wire, chemicals, shipping containers, or drums, and specifically including automobile graveyards and junkyards; and H. "vegetative material" means plant material, including: (1) grass, grass clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from bushes, shrubs and trees, resulting from maintenance of yards or other private or public lands; and (2) wood waste, clean lumber, wood and wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings, which have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol, or

creosote. [20.2.60.7 NMAC - Rp 20.2.60.7 NMAC, 12/31/03]

Utilization of these terminologies will provide for clarity and facilitate application of the regulation.

20.2.60.8 to 20.2.60.107 [RESERVED]

20.2.60.108 RESTRICTIONS ON OPEN BURNING: Any open burning not expressly allowed, not expressly prohibited, or not otherwise specifically addressed under this part or 20.2.65 NMAC (Smoke Management) shall be conducted only pursuant to 20.2.72 NMAC, upon issuance of a construction permit under 20.2.72 NMAC, regardless of the applicability requirements co ntained in 20.2.72 NMAC. Open burning as allowed or prohibited in this part is not considered a stationary source as defined in other parts of Title 20, Chapter 2,

NMAC. [20.2.60.108 NMAC - Rp 20.2.60.108 NMAC, 12/31/03]

The revision will clarify that every person planning to conduct open burning must comply with the applicable restrictions (e.g., open burning, smoke management) in other relevant Parts of the regulations.

20.2.60.109 UNRESTRICTED OPEN BURNING:

A. Open burning is allowed for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for hu man consumption and for warming by small wood fires at construction sites. This subsection does not apply to open burning for the purpose of waste disposal.

B. Open burning of natural gas is allowed at gasoline plant and compressor stations and when used or produced in drilling, completion and workover operations on oil and gas wells, when necessary to avoid serious hazard to safety. [20.2.60.109 NMAC - Rp 20.2.60.109 NMAC, 12/31/03]This section is identical to provisions in subsection 109 of th e corresponding section of the original open burning rule appr oved into the New Mexico SIP by EPA on September 26, 1997 at

62 FR 50518.

20.2.60.110 OPEN BURNING OF HOUSEHOLD WASTE:

A. Applicability: (1) This section (20.2.60.110 NMAC) applies to open burning of household waste, except for household waste that consists solely of vegetative material as defined in 20.2.60.7 NMAC. (2) This section (20.2.60.110 NMAC) does not apply to any kind of salvage operation. Open burning as part of a salvage op eration is prohibited.

B. Effective June 1, 2004, open burning of household waste, other than vegetative material as defined in 20.2.60.7 NMAC, is prohibited.

C. Prior to June 1, 2004, open burning of household waste is allowed where all of the following

conditions are met: (1) household waste shall not be burned on property other than that property where it was generated; (2) household waste shall not be burned on property which is served by any on-premises or curbside refuse collection service operated or contracted by a regiona l waste authority, county, or incorporated ci ty, town, or village; (3) household waste shall not be burned on any property less than ten miles by road from a convenience center, transfer station, or other receptacle made available for pub lic use by a regional waste authority, county, or incorporated city, town, or village for the deposition and collection of refuse; (4) household waste shall not be burned at an y location nearer than thr ee hundred feet from any occupied dwelling, workplace , or place where people congregate, on prope rty owned by, or under possessory control of, another person; (5) burning of the following materials is prohibited: (a) natural or synthetic rubber products, including tires; (b) waste oil or used oil filters; (c) insulated wire; (d) plastic, including polyvinyl chloride ("PVC") pipe, tubing, and connectors; (e) tar, asphalt, asphalt shingles, or tar paper; (f) railroad ties; (g) wood, wood waste, or lumber which has been painted or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote; (h) batteries; (i) motor vehicle bodies or interiors; (j) pathogenic wastes; and (k) asbestos or asbestos containing materials;

D. Auxiliary fuel or incendiary devices may be used to start the burning allowed by this section, provided that: (1) no oil heavier than number two diesel shall be used; and (2) no more than the minimum amount of auxiliary fuel necessary to start the fire shall be used. [20.2.60.110 NMAC - Rp 20.2.60.110 NMAC, 12/31/03]

The applicability in subsection A above ensures th at open burning is not u tilized as a means of conducting a salvage operation. The applicability in subsection B above ensure s that on and after June 1, 2004 one can’t open

burn household waste. The applicability in subsection C above concerns events prior to June 1, 2004; therefore this subsection is no longer applicable for our evaluati on purposes. However, at the time this rule was adopted it provided for a transitional mech anism concerning application of the new open burning requirements. The applicability in subsection D above states what type of fuel may be used as an auxiliarystarter for an open burning project. These subsections A through D above will assist w ith the implementation of the rule and assist with burning related emission reduction measures.

20.2.60.111 OPEN BURNING OF VEGETATIVE MATERIAL:

A. Applicability: (1) This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume per day. In determining daily burn area and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the burning occurs on the same day and on property under ownership or possessory control of the same person. Burning in excess of these daily limits is subject to 20.2.65 NMAC (Smoke Management). (2) This section does not apply to any open burning of vegetative material which is subject to 20.2.65

NMAC. (3) Open burning of vegetative material is prohibited in nonattainment areas.

B. Open burning of vegetative material under this section shall meet the following requirements: (1) burning shall be conducted at least three h undred feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person; burning that does not meet this requirement is subject to 20.2.65 NMAC (Smoke Management); (2) burning shall begin no earlier than one hour af ter sunrise, and shall be extinguished no later than one hour before sunset; burning outside of this time limitation is subject to 20.2.65 NMAC (Smoke Management); (3) burning shall be attended at all times; (4) the appropriate local fire department or dispatch or firefighting authority shall be notified prior to burning; (5) for burns exceeding one acre per day or one hundr ed cubic feet of pile volume per day, the burner shall provide prior notice of the date and location of the burn to all households within one quarter of a mile of the burn; (6) burning shall be in compliance with 20.9.1 NMAC (Solid Waste Management); (7) burning shall not be conducted when an air pollution episode is in effect; (8) auxiliary fuel or incendiary devices may be us ed to ignite the burning allowed by this section, provided that: (a) no oil heavier than number two diesel shall be used; and (b) no more than the minimum amount of auxilia ry fuel necessary to complete the burn shall be used; (9) polyethylene sheeting may be burned with the vegetative materials, provided that: (a) the sheeting has been covering piled vegetative material for at least one month prior to burning; (b) the amount of sheeting burned is no more than the minimum necessary to cover the pile; (c) removal of the sheeting before burning is impractical; and (d) the burner is able to provide evidence, such as purchase records or package labeling, that the sheeting is polyethylene and not some other form of plastic; (10) the burner shall consider alternatives to burning prior to igniting a burn; and (11) material to be burned shall be as dry as practicable. [20.2.60.111 NMAC - Rp 20.2.60.111 NMAC, 12/31/03]

This section ensures that open burning are to follow Part 60 (Open Burning), Part 65 (Smoke Management), and 20.9.1 NMAC (Solid Waste Management) requirements as they apply. Cross referencing these Parts provides for consistency among Parts 60, 65, and Solid Waste Management requirements.20.2.60.112 BURNING OF MATERIALS AND STRUCTURES FOR FIREFIGHTER TRAINING: Burning of structures, buildings, facilities or materials for purposes of instruction and training of bona fide firefighting and fire-rescue personnel is allowed, provided that:

A. all regulated asbestos-containing material is removed prior to burning, in accordance with 40 CFR 61, Subpart M (National Emission Standard for Asbestos); and

B. the department is notified, prior to burning, using the form provided by the department. [20.2.60.112 NMAC - Rp 20.2.60.112 NMAC, 12/31/03]

This section provides for fire fighter’s training and instructi on pending prior no tification and reporting using prescribed form from the depart ment. In addition, the applicant will need to comply with the 40 CFR 61, Subpart M (National Emission Standard for Asbestos requirements. This section provides for consistency with the federal regulations.

20.2.60.113 OPEN BURNING OF HAZARDOUS WASTE: Open burning of hazardous waste, as defined in the New Mexico Hazardous Waste Act, NMSA 1978, Sections 74-4-1 to -14, is allowed only when conducted in compliance with interim status regulations, or a permit i ssued, pursuant to the New Mexico Hazardous Waste Act and any other permits issued by the department. [20.2.60.113 NMAC - Rp 20.2.60.113 NMAC 12/31/03]

This section insures that open burning of hazar dous waste is allowed only when it is being conducted in conformance with the appli cable New Mexico Hazardous Waste Act.

20.2.60.114 EMERGENCY BURNING: Open burning is allowed for purposes of eliminating an imminent danger to public health, safety, or the environment, provided that:

A. no other practical and lawful method of abatement or disposal is available;

B. an emergency response specialist has determin ed that the situation requires immediate and expeditious action;

C. the burning is in compliance with all other applicable state laws and regulations; and

D. notice is provided to the department as soon as practical, but at least within two weeks after the

burn. [20.2.60.114 NMAC - Rp 20.2.60.114 NMAC, 12/31/03]

This section provides for emerge ncy open burning with the intended purposes of eliminating an imminent danger to public health, safety, or the environment, if no other lawful or practical alternative exists, and the department is properly notified.

HISTORY OF 20.2.60 NMAC: Pre-NMAC History: The material in this part was derived from that previously filed with the commission of public records-state records center and archives: HSSD 70-1, Ambient Air Quality Standards And Air Quality Control Regulations, 01/27/70; AQCR 301, Air Quality Control Regulation 301 - Regulation To Control Open Burning, 02/07/83; EIB/AQCR 301, Air Quality Control Regulation 301 - Regulation To Control Open Burning, 07/24/84.

History of Repealed Material: 20.2.60 NMAC, Open Burning, filed 10/16/02, repealed 12/31/03.

Other History: EIB/AQCR 301, Air Quality Control Regulation 301 - Regu lation To Control Open Burning, filed 07/24/84 was

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.60, Open Burning, filed

10/30/95. 20 NMAC 2.60, Open Burning, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.60 NMAC, Open Burning, effective 10/31/02. 20.2.60 NMAC, Open Burning, filed 10/16/02 was replaced by 20.2.60 NMAC, Open Burning, effective 12/31/03.