Appendix B 

Review of Companion Rules to New Mexico’s Regional Haze State 

Implementation Plan 

Prepared and Reviewed by: 

John Walser 

Alan Shar 

Brian Tomasovic 

Lynde Schoellkopf 

Michael Feldman 

April 2012 

 
Table of Contents 

Evaluation of Western Backstop Sulfur Dioxide Trading Program (20.2.81 NMAC) and the 

subprovision on emission tracking requirements for 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 Sulfur 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 tracking requirements for sulfur dioxide 

emission inventories of Notice of Intent and Emissions Inventory Requirements

(20.2.73.300F NMAC)

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This portion of Appendix B to the TSD concerns our evaluation of 20.2.81 NMAC as 

adopted by the State of New Mexico 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 Mexico 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). Additionally, these rules were developed based 

upon the 2003 Western Regional Air Partnership (WRAP) Western Backstop (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 compares 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 revisions to 20.2.73.300.F submitted on July 5, 2011. This 

rule appears in New Mexico Administrative Code’s Title 20, Chapter 2, Part 73, Notice of Intent 

and Emissions Inventory Requirements. 20.2.73 NMAC was approved most recently at 75 FR 

48860 (August 12, 2010). While the state amended 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 dioxide 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 Inventories Rule R307-150 for consistency. 

The complete text of each SIP revision is attached 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 section should be approved. 

X No Yes 

20.2.81.3

This provision, title, STATUTORY AUTHORITY, sets for the 

legal authority of the issuing agency for this regulation. This 

section should be approved. 

X No Yes 

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20.2.81.4

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 -Purpose of the Model Rule and is 

substantially identical to Section 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 provide for clarity and facilitate 

application of the regulation. This provision corresponds to 

Section B – Definitions of the Model Rule and is substantially 

identical to Section 2 of Utah’s Rule R307-250: Western 

Backstop Sulfur Dioxide Trading Program. This section should 

be approved. 

X X1,2,3 Yes 

20.2.81.8 – 20.2.81.99

These provisions, titled, RESERVED, are reserved for future 

use. This reserved section may 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 and the effective date of special 

penalty provisions. The provision works with the provisions of 

the RH 309 SIP to accord with the requirements of 40 CFR 

51.309(d)(4)(iv), the “Criteria and Procedures for a Market 

Trading Program.” This provision corresponds to Section C – 

WEB Trading Program Trigger of the Model Rule and is 

substantially identical to Section 3 of Utah’s Rule R307-250: 

Western Backstop Sulfur Dioxide Trading Program. This section 

should be approved. 

X X2 Yes 

20.2.81.101

This provision, titled, WEB TRADING PROGRAM 

APPPLICABILITY, defines the general applicability of the rule 

and lists types of applicable sources consistent with 40 CFR 

51.308(e)(2)(vi)(A), the “applicability provisions” requirement. 

This provision corresponds to Section D – WEB Trading 

Program Applicability of the Model Rule and is substantially 

identical to Section 4 of Utah’s Rule R307-250: Western 

X X2 Yes 

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Backstop 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 representative provisions” from 40 CFR 

51.308(e)(2)(vi)(G). This provision corresponds to Section E – 

Account Representative for WEB Sources of the Model Rule and 

is substantially identical to Section 5 of Utah’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 all sources subject to the program. 

This provision corresponds to Section F – Registration of the 

Model Rule and is substantially identical to Section 6 of Utah’s 

Rule R307-250: Western Backstop 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 market according to appropriate 

procedures and with appropriate participation. This provision 

corresponds to Section G – Allowance 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, ESTABLISHMENT OF ACCOUNTS, 

requires allowance tracking system accounts consistent with 40 

CFR 51.308(e)(2)(vi)(B). This provision corresponds to Section 

H – Establishment of Accounts of the Model Rule and is 

substantially identical to Section 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, MONITORING, RECORDKEEPING 

AND REPORTING – GENERAL REQUIREMENTS ON 

MONITORING METHODS, presents general requirements for 

monitoring methods and plans consistent with 40 CFR 

51.308(e)(2)(vi)(C)-(E), the requirements for monitoring, 

recordkeeping and reporting provisions. These requirements are 

generally needed to ensure enforceability of the program. This 

X X2 Yes 

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provision corresponds to Section I – Monitoring, Recordkeeping 

and Reporting of the Model Rule and is substantially identical to 

Section 9 of Utah’s Rule R307-250: Western Backstop Sulfur 

Dioxide Trading Program. This section should be approved. 

20.1.81.107

This provision, titled, ALLOWANCE TRANSFERS, outlines 

procedural requirements for allowance transfers consistent with 

40 CFR 51.308(e)(2)(vi)(H), the requirement for allowance 

transfer provisions. This provision corresponds to Section J – 

Allowance Transfers of the Model Rule and is substantially 

identical to Section 10 of Utah’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 provision corresponds to Section K – 

Use of Allowances from a Previous Year of the Model Rule and 

is substantially identical to Section 11 of Utah’s Rule R307-250: 

Western Backstop Sulfur Dioxide Trading Program. This section 

should be approved. 

X X2 Yes 

20.2.81.109

This provision, titled, COMPLIANCE, addresses compliance, 

non-compliance, certification of compliance, penalties and 

liability consistent with 40 CFR 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 – Compliance of the Model Rule and is 

substantially identical to Section 12 of Utah’s Rule R307-250: 

Western Backstop Sulfur Dioxide Trading Program. This section 

should be approved. 

X X2,3 Yes 

20.2.81.110

This provision, titled, SPECIAL PENALTY PROVISIONS FOR 

THE 2018 MILESTONE, requires special provisions for 

program if the first program control period will not occur until 

after 2018 consistent with 40 CFR 51.309(d)(4)(vi)(A) and (B). 

This provision works to prohibit emissions that exceed the 2018 

milestone beginning in 2018 and institutes 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 substantially identical 

X X1,2,3 Yes 

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to Section 13 of Utah’s Rule R307-250: Western Backstop 

Sulfur Dioxide Trading Program. This section should be 

approved. 

20.2.81.111

This provision, titled, SULFUR DIOXIDE MONITORING OF 

FUEL GAS COMBUSTION DEVICES, defines applicability, 

monitoring, quality assurance/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: SO2 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 cement or lime kilns 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-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 annual reporting of actual 

stationary source SO2 emissions 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 X3 Yes 

B-6
Rule 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.

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[The following document is a model rule to implement regional SO2 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 must be met by a state implementation plan and 

establishes provisions that potentially may be used in a tribal implementation plan. This model 

rule was developed through the broad stakeholder process of the WRAP as a template to 

facilitate consistent, multi-jurisdictional implementation 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 stakeholders 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 states and tribes and EPA that their plan and 

accompanying rules will respect the sovereignty of other participating states and tribes; satisfies 

the regional haze rule; be enforceable; be consistent with the emissions and allowance tracking 

provisions and trading provisions in implementation plans developed by other participating states 

and tribes; and be administratively practicable.] 

Western Backstop SO2 Trading Program 

Model Rule

August 13, 2003 (final draft) 

[Note: This Model Rule covers only the post-trigger phase of the Western Backstop SO2 Trading 

Program (“WEB Trading Program”). The Model SIP/TIP covers both the pre-trigger and posttrigger phases of the program, and is known as the SO2 Milestones and Backstop Trading 

Program. The Model SIP/TIP and the Model Rule should 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 local or delegated authority that 

may have responsibilities under the state’s rule (most notably – local governmental units with 

Title V permitting authority). Delegation agreements 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 SO2 Trading Program (“WEB Trading Program”) 

provisions required under the federal Regional Haze 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, including 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 Representative for a WEB source or an Account Representative for a 

general account. 

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Account Representative means the individual who is authorized through an Account Certificate 

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 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 source through section C1 of the Implementation 

Plan. 

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

SO2 during a specified control period or any control period thereafter subject to the terms and 

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

Allowance limitation means the tonnage of SO2 emissions authorized by the allowances 

available for compliance deduction for a WEB source for a control period 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 recorded, held, transferred and deducted. 

Allowance Tracking System account means an account in the Allowance Tracking System 

established for purposes of recording, holding, 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 recording in a WEB source’s compliance account in 

order to demonstrate compliance 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 recording allowances that a WEB source might hold to 

demonstrate compliance with its allowance limitation. 

Compliance certification means a submission to [state or tribe] 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. 

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Emissions tracking database means the central database where SO2 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 stationary source that emits or would have the potential to 

emit any pollutant submitted to regulations under the Clean Air Act. 

Existing source means, a stationary source that commenced operation before the Program 

Trigger Date. 

Fugitive emissions are those emissions that could not reasonably pass through a stack, chimney, 

vent, or other functionally equivalent opening. 

General account means an account established in the Allowance Tracking System under Section 

H of this Rule for the purpose of recording allowances held by a person that are not to be used to 

show compliance with an allowance limitation. 

Milestone means the maximum level of stationary source regional sulfur dioxide emissions for 

each year from 2003 to 2018, established according to the procedures in Section A of the SO2

Milestones and Backstop Trading 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 provisions of Section C1.3 of the SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

Owner or operator means any person who is an owner or who operates, controls or supervises a 

WEB source, and includes but is not be limited to any holding company, utility 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 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 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 SO2 

Milestones and Backstop Trading Program Implementation Plan.

Program trigger years means the years shown in Table 1, column 3, of the SO2 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 SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

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Renewable Energy Resource means a resource that generates 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 Hydropower Institute criteria. Biomass includes 

agricultural, food and wood wastes. The term does not include pumped storage 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 resuming operations under D3(d) of this Rule, must 

submit its exemption as part of its registration materials. 

Serial number means, when referring to allowances, the unique identification number assigned 

to each allowance by the Tracking Systems Administrator, in accordance with Section G2. 

SO2 emitting unit means any equipment that is located at a WEB source and that emits SO2. 

Stationary source means any building, structure, facility or installation that emits or may emit 

any air pollutant subject to regulation under the Clean Air Act. 

Submit means sent to the appropriate authority under the signature of the Account 

Representative. For purposes of determining when something is submitted, an official U.S. 

Postal Service postmark, or equivalent electronic 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 fraction 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 Allowance Tracking System and the emission tracking database. 

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

this Rule. 

Western Backstop SO2 Trading Program (“WEB Trading Program”) refers to this Rule, 

triggered as a backstop in accordance with the provisions in the SO2 Milestones and Backstop 

Trading Program Implementation Plan, if necessary, to ensure that regional SO2 emissions are 

reduced.

C. WEB Trading Program Trigger 

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

established in accordance with the procedures outlined in the SO2 Milestones and Backstop 

Trading Program Implementation Plan.

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2. Section M of this Rule, Special Penalty Provisions 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 group of stationary sources that are located on one 

or more contiguous or adjacent properties and which are under the control of the same person or 

persons under common control, belonging to the same industrial grouping, and that are described 

in paragraphs (a) through (d) of this subsection. A stationary source or group of stationary 

sources shall be considered part of a single industrial grouping if all of the pollutant emitting 

activities at such source or group of sources on contiguous or adjacent properties belong to the 

same Major Group (i.e., all have the same two-digit 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 SO2 emissions. 

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

SO2 emissions of 100 tons or more per year in the Program Trigger Years or any 

subsequent year. The fugitive emissions of a stationary source shall not be considered in 

determining whether it is a WEB source unless the source belongs to one of the following 

categories of stationary source: 

(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; 

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(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 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 plants of more than 250 million British 

thermal units per hour heat input; or 

(xxvii) Any other stationary source category, which as of August 7, 1980 is being 

regulated under Section 111 or 112 of the Act. 

 

(c) A new source that begins operation after the Program Trigger Date and has the 

potential to emit 100 tons or more of SO2 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 SO2 emissions of less than 100 

tons per year, and 

(2) Had actual SO2 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 toprocess to operate in a normal or usual manner;

and that the source 

(3)Ttook 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 

(ii4) has Has corrected the failure of air pollution control equipment, process 

equipment, or process by the time of the [state or tribe]’s determination under this 

section; or 

(iii5) had Had to switch fuels or feedstocks on a temporary basis and as a result of 

an emergency situation or unique and unusual circumstances besides cost of such 

fuels or feedstocks. 

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

does not meet the criteria of this section.

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2. Duration of Program Participation 

Except as provided for in Section D3 of this Rule, 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 shall apply for a retired source exemption. The WEB source may 

only be considered retired if all SO2 emitting units at the source are retired. The 

application shall contain the following information: 

(1) Identification of the WEB source, including 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 source is . retired and will comply with the 

requirements of Section D3 of this Rule. 

 

(5) 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 [state or tribe] notifies the source 

that the retired source exemption 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 Sections I and L of this Rule, except as 

provided below. 

(2) A retired source shall not emit any SO2 after the date the retired source 

exemption is effective. 

(3) A source shall submit SO2 emissions reports, as required by Section I5 I8 of 

this Rule 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 Section L of this Rule, including the requirement to 

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hold allowances in the source’s compliance account to cover all SO2 emissions 

prior to the date the source was permanently retired. 

(4) A retired source that is still in existence but no longer emitting SO2 shall, for a 

period of five years from the date the records are created, retain records 

demonstrating the effective date of the retired source exemption for purposes of 

this Rule. 

(d) Resumption of Operations 

(1) Should a retired source desire to resume operation, the retired source must 

submit registration materials as follows: 

(i) If the source is required to obtain a new source review permit or 

operating permit under [refer to applicable permitting Rules] prior to 

resuming operation, then registration information as described in Section 

F1 of this Rule and a copy of the retired source exemption must be 

submitted with the application required 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 applicable permitting Rules] prior to 

resuming operation, then registration information 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 automatically expire on the day the source 

resumes operation. 

(e) Loss of Future Allowances 

A WEB source that is retired and that does not apply to [state or tribe] for a retired source 

exemption within ninety days of the date that the source is retired shall forfeit any unused 

and future allowances. The abandoned allowances shall be retired by the Tracking 

System Administrator.

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” allowances in a manner that is consistent 

with the administrative procedures process. This provision is intended to address 

sources that go out of business, leave no forwarding address, and truly abandon their 

allowances. It is assumed that [state or tribe] will have a process to notify sources that 

their allowances may be forfeited so this provision does not lead to forfeiture just 

because the deadline was missed.

 

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9

E. Account Representative for WEB Sources 

Each WEB source must identify one Account 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. 

1. 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 [state or tribe] and the Tracking System 

Administrator a signed and dated Account Certificate of Representation (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 available), telephone and facsimile number of 

the Account Representative and any alternate; 

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

(4) Information to be part of the emission 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 location, 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, inactions, or submissions and by any 

decision or order issued to me by the [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 Representative represents and, by his or her 

B-57
10

representations, actions, inactions, or submissions, legally binds each owner and operator 

of the WEB source in all matters pertaining 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 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. 

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, SO2 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 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 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 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 information or omitting 

required statements and information, including the possibility of fine or 

imprisonment.” 

3. Changing the Account Representative or Owners and Operators 

(a) Changes to 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 [state or tribe] and the Tracking 

System Administrator under Section 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 the time and date when the Tracking System 

Administrator receives the superseding Certificate shall be binding on the new Account 

Representative and the owners and operators of the WEB source. 

(b) Changes in Owners and Operators 

 

B-58
11

(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 operators to include such 

change. 

(2) In the event a new owner or operator of a WEB source is not included in the list of 

owners and operators submitted in the Certificate, 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 tribe] 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 before the Program Trigger Date shall register 

by submitting the initial Certificate required in Section 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 source after the Program Trigger Date shall 

register by submitting the initial Certificate required in Section E1 of this Rule to the 

[state or tribe] by September 30 of the year following the inventory year in which the 

source exceeded the emission threshold. 

(c) Any new WEB source shall register by submitting the initial Certificate required in 

Section E1 of this Rule to the [state or tribe] prior to the commencement of operation. 

2. Integration into Permits 

 

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

of a WEB source shall not require revision of the WEB source’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 allowances are allocated by the [state or tribe] 

under Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan. If 

B-59
12

applicable, the Tracking System Administrator will record a portion of the SO2 allowances for a 

WEB source in a special reserve account assigned to the [state or tribe] to account for any 

allowances to be held by the [state or tribe] in accordance with Section I1(b) of this Rule.

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

accordance with Section C2 of the SO2 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 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, and is a limited authorization to emit one ton of SO2 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 the 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 SO2 emissions to a level that is below the floor 

level allocation established for that source in Section C1 of the SO2 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 Program Trigger Date. Any WEB source 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 reduction bonus allocation must contain the following information: 

(a) Copies of all permits or other enforceable documents that include annual SO2

emissions limits for the WEB source during the period the WEB source was generating 

the early reductions. Such permits or enforceable documents require monitoring for SO2

emissions that meets the requirements in Sections I1(a) and I1(c) of this Rule. 

Note: the early reduction bonus allocation needs to address sources that are not using 

Part 75 equipment monitoring.

(b) Copies of emissions monitoring reports, for the period the WEB source was 

generating the early reductions, that documents the actual annual SO2 emissions and 

demonstrates that the actual annual SO2 emissions were below the floor level allocation 

established for that source in Section C1 of the SO2 Milestones and Backstop Trading 

Program Implementation Plan.

 

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

Section C1 of the SO2 Milestones and Backstop Trading Program Implementation Plan 

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13

was calculated using data that are consistent with the new monitoring methodology. If 

new monitoring techniques will change the floor level for the source, then a 

demonstration of the new floor level based on new monitoring techniques should be 

included in the application. 

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

(a) A new WEB source or an existing WEB source 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 new source set-aside, as outlined in Section C1.3 

of the Implementation Plan. 

(1) A new WEB source is eligible to apply for an annual allocation equal to the 

permitted annual SO2 emission limit for that source after the source has 

commenced operation. 

(2) An existing WEB source is eligible to apply for an annual allocation equal to 

the permitted annual SO2 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 compliance account. Any person 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 address, telephone number, facsimile number of 

the Account Representative. For a compliance 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 general account, include the Account Certificate of 

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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 accuracy by the Account Representative 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, 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 submissions 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 dated Account Certificate of Representation (Certificate) that 

contains the following elements: 

(1) The name, address, e-mail (if available), telephone and facsimile number of 

the Account Representative 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 have an ownership interest in 

allowances 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 and by any decision or order 

B-62
15

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 order issued by [state or tribe] 

(d) No WEB Allowance Tracking System general 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 shall 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 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 information or 

omitting required statements and information, including the 

possibility of fine or imprisonment.” 

5. Changing the Account Representative 

The Account Representative or alternate Account Representative may be changed at any time by 

sending a complete superseding Certificate to the [state or tribe] and the Tracking System 

Administrator under section H3(b) 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 the time 

and date when the [state or tribe] receives the superseding Certificate shall be binding on the new 

Account Representative and all person having ownership interest with respect to allowances held 

in the general account. 

6. Changes to the Account 

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Any change to the information required in the application for an existing account under H1 of 

this Rule shall require a revision of the application.

I. Monitoring, Recordkeeping and Reporting 

1. General Requirements 

(a) For each SO2 emitting unit at a WEB source the owner or operator shall comply with 

the following, as applicable, to monitor and record SO2 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 SO2 mass emissions. [as 

necessary, insert state/tribe rule language to address changes to 40 CFR Part 75.]

(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 SO2 and flow 

that complies with all applicable monitoring provisions 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 SO2

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 monitoring that the source submits for 

approval by [state or tribe], and approval by the U.S. Environmental 

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 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 Section, the owner or operator of a unit that 

meets one of the conditions of paragraph (b)(1) may elect to have the provisions of this 

paragraph (b) apply to that unit. 

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

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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 SO2 control equipment, if no 

control level was assumed for the WEB source in establishing the floor 

level (and reducible allocation) 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 SO2

emitting units at a WEB source. The notice 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 source 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; and 

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

 (3) For each new unit at an existing WEB 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 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 SO2 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 source 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 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. 

B-65
18

(5) [State or tribe] shall hold allowances equal to the adjusted portion of the WEB 

source's allowances under paragraphs (b)(2), (b)(3), and (b)(4) in an account 

maintained by [state or tribe], provided that no such hold back of the WEB 

source's allocation will be required for any 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 estimated 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 account for the WEB source to account for 

such emissions, in accordance with Section I8 of this Rule. 

(7) The remaining provisions of this Section 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 SO2 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 

Account 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 submit a revised notice under paragraph (b)(2) at the 

same time that the initial monitoring plan is submitted. 

(c) For any monitoring method that the owner or operator uses under this Section 

(including paragraph (b)), the owner or operator (and, as applicable, the Account 

Representative) shall implement, certify, and 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 Account Representative) may not: 

(1) Use an alternative monitoring system, alternative reference method or another 

alternative for the required monitoring method without having obtained prior 

written approval in accordance with Section I8(e) of this Rule (relating to 

petitions); 

(2) Operate an SO2 emitting unit so as to discharge, or allow to be discharged, 

SO2 emissions to the atmosphere without accounting for these emissions in 

accordance with the applicable provisions of this Section; 

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(3) Disrupt the approved monitoring method or any portion thereof, and thereby 

avoid monitoring and recording SO2 mass emissions discharged into the 

atmosphere, except 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: 

 

 (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 owner or operator is monitoring emissions from 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 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 SO2 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 

monitoring method that the owner or operator 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 to demonstrate that all unit SO2 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 certification testing. The plan will contain 

the applicable information required by paragraph 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 resubmitted separately within 30 days after any 

change is made to the plan in accordance with the following paragraph (a)(3). 

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(3) Whenever the owner or operator 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 affects information reported in the monitoring 

plan (e.g., a change to serial number for a component of a monitoring system), 

then the owner or operator shall update the monitoring plan. 

(b) The owner or operator of an SO2 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 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 SO2 emitting unit (or group of units sharing a common 

methodology) that, except as otherwise specified in an applicable provision in Appendix 

A, contains the following information: 

(1) For all SO2 emitting units involved in the monitoring plan: 

(A) Plant name and location; 

(B) Plant and unit identification 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 SO2 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 SO2 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 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. 

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(2) 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 

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 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. 

(3) If the WEB source intends to petition 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 

monitoring plan based on the compliance of the proposed methodology with the 

requirements for monitoring in this Section. 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 the initial monitoring plan, the plan shall be 

deemed approved. 

(d) Detailed Monitoring Plan. The Account Representative shall submit a detailed 

monitoring plan that, except as otherwise specified 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., SO2 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 serial number; 

 

(B) Component/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 (e.g., 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 

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(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 (provide the manufacturer and model 

number); and 

(B) Software components (provide the 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 observations with the reported concentrations 

and mass emissions. The formulas must contain all constants and factors required 

to derive mass emissions from component/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 optional 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 (ft2

) at flow monitoring location (for units with 

flow monitors, only). 

(5) If using CEMS for SO2 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, span effective date/hour, span inactivation date/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 scfh) for each unit or stack 

using SO2 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 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; 

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(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 longer effective (if applicable); and 

(I) For units using the excepted methodology under section 75.19 of 40 

CFR Part 75, the applicable SO2 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 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 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. 

(8) For each unit that is complying with 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; 

and 

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(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 

calibration 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 through 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 appropriate 

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, monitor 

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 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, 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 supplying the information in paragraphs (c) and (d) above, the owner or 

operator of an SO2 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 situations described: 

(1) For each gas-fired or oil-fired SO2 emitting unit for which the owner or 

operator uses the optional protocol in appendix D to 40 CFR Part 75 for SO2 mass 

emissions, the Account Representative shall include the following information in 

the monitoring plan: 

(A) Parameter monitored; 

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(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 

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 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 and/or separate schematic 

diagrams shall be used to describe groups of units using a common pipe; 

(H) For units using the optional default SO2 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 used and the results of the test. 

(2) For each SO2 emitting unit for which the owner or operator uses the low mass 

emission excepted methodology of section 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 years actual or projected emissions. The 

following items should be included: 

(i) Current calendar year of application; 

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(ii) Type of qualification; 

(iii) Years one, two, and three; 

(iv) Annual measured, estimated or projected SO2 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 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 SO2 emissions; 

and 

(F) Any unit historical actual, estimated and projected SO2 emissions data 

and calculated SO2 emissions data demonstrating that the unit qualifies as 

a low mass emissions unit under sections 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 year, 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 detailed 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 permit modification. 

3. Certification/Recertification 

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(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 owner or operator of an SO2 emitting unit not otherwise subject to 40 CFR Part 

75 that monitors SO2 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 

requirements 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. 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. 

 

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 quality control requirements in Appendix A on 

and after the date that certification testing commences. 

5. Substitute Data Procedures 

(a) For any period after certification testing is complete in which 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 with 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 SO2 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 owner or operator shall: 

(1) If the owner or operator will use a CEMS to comply with this Section, 

substitute the maximum potential concentration of SO2 for the 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 

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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 potential sulfur content, density or gross 

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; 

 

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

substitute the SO2 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; 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 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 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 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: 

(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 source that becomes a WEB source after the Program Trigger 

Date, one year after the due date for the 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 new source commences operation. 

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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. 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 Certificates of Representation 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 measurements, hourly averages for SO2, 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 SO2 emitting unit that uses a 

Part 75 monitoring method to meet the requirements of this Section. 

8. Reporting 

(a) Quarterly Reports. For each SO2 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] and shall be submitted in a manner 

compatible with the emissions tracking database designed for the WEB Trading Program. 

[State or tribe] may require the WEB source to submit hourly and quality assurance 

activity information comparable to quarterly 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 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 SO2 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 SO2 emissions for all SO2 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 Section I1(b) of this Rule; the number of tons, if any, of 

SO2 emissions estimated under Section I1(b) of this Rule that are subject to deduction of 

allowances from the source's compliance account in accordance with Section I1(b)(6); 

and the total number of SO2 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. 

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(d) [State or tribe] may review and 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. 

(e) Petitions. A WEB source may petition 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 evaluation of the petition, including, at a minimum, the following 

information: 

 (1) Identification of the WEB source and applicable SO2 emitting unit(s); 

 

(2) A detailed explanation of why the proposed alternative 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 alternative 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 adverse 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 other information submitted under Section I of 

this Rule, the Account Representative shall ensure that, where applicable, identifying 

information is consistent with the identifying 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 Representative 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 allowance to be transferred; and 

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

submission. 

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2. Deadline 

The allowance transfer deadline is midnight Pacific 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 Tracking 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) identifying the transferor 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 acknowledging 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 account or general account will remain in such an 

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

or transferred to another account. 

2. In order to demonstrate compliance under section L1 of this rule for a control period, WEB 

sources shall only use allowances allocated for that current control period or any previous year. 

3. If flow control procedures for the current control period have been triggered as outlined in 

Section C4.2 of the SO2 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 held in each compliance account and general 

account as of the allowance transfer deadline for the immediately 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 C7.1C4.2 of the SO2 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 for the current control period. 

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(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 Section L of this Rule. 

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

been determined in accordance with Section L1 of this Rule, allowances allocated for any year 

prior to 2018 shall not be used for determining 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 transfer deadline in the WEB source’s compliance 

account (together with any current control year allowances held for the WEB source by 

the [state or tribe] under Section I1(b) of this Rule) in an amount not less than the total 

SO2 emissions for the control period from the WEB source, as determined under the 

monitoring and reporting requirements of 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 the calendar year that is six years following the calendar 

year for which SO2 emissions exceeded the milestone in accordance with 

procedures in Section A of the SO2 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 calendar year that is four years following the 

inventory year in which the source exceeded the SO2 emissions threshold. 

(3) 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. 

(4) If the WEB Trading Program is triggered in accordance with the 2013 review 

procedures in section A4 of the SO2 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 the current control period or meets the 

requirements in Section K of this Rule for use of allowances from a previous 

control period, and 

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(2) the allowance was held in the WEB source’s compliance account as of the 

allowance transfer deadline for the current control period, or was transferred into 

the compliance account by an allowance transfer correctly submitted for recording 

by the allowance transfer deadline for the current control period.

(c) Compliance with allowance limitations shall be determined by comparing the 

following two numbers: 

(1) the monitored SO2 emissions data reported by the source 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 with 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 their recording in the WEB source’s compliance 

account, beginning with the allowances allocated to the WEB source and continuing with 

the allowances transferred to the WEB source’s compliance account from another 

compliance account or general account. The allowances held 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 source is subject to the allowance limitation, 

the Account Representative of the source shall 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 period, 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 according 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 primary responsibility for 

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operating the WEB source in compliance with the WEB Trading Program, whether 

the WEB source for which the compliance certification is submitted was operated 

during the control period covered by the report in compliance with the requirements 

of the WEB Trading Program applicable to the source including: 

(1) Whether the WEB source operated in compliance with the SO2 allowance 

limitation; 

(2) Whether SO2 emissions data has been submitted to [states or tribe] in 

accordance with Section I1of this Rule and other applicable guidance, for review, 

revision as necessary, and finalization for forwarding to the SO2 Allowance 

Tracking System for recording; 

(3) Whether the monitoring plan that governs the WEB source has been 

maintained to reflect the actual operation and monitoring of the source, and 

contains all information necessary to attribute SO2 emissions to the source, in 

accordance with Section I1 of this Rule; 

(4) Whether all the SO2 emissions from the WEB source if applicable, were 

monitored or accounted for either through the applicable monitoring or through 

application of the appropriate missing data procedures; 

(5) If applicable, whether any SO2 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 for the entire applicable period; and 

(6) 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 method to 

determine compliance status subsequent to the change, and specifically, the 

method to determine SO2 emissions. 

3. Penalties for any WEB source exceeding 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. 

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(2) Any allowance deduction required under this Section 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 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 SO2 emissions in excess of the WEB source’s 

allowance limitation shall be levied. 

4. Liability 

(a) WEB Source liability for non-compliance 

Separate and regardless of any automatic penalties assessed for allowance deduction 

penalty and financial penalty, a WEB source that violates any requirement of this Rule, 

including monitoring record keeping 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 SO2 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 liability provisions. If a state has 

existing liability Rules, those can be referenced in this location.] 

(1) Any provision of the WEB Trading Program that applies to a source or an 

Account Representative shall apply also to the owners and operators of such 

source. 

(2) Any person who violates any requirement or prohibition of the WEB Trading 

Program will be subject to enforcement pursuant to applicable state, tribal or 

federal law. 

(3) Any person who knowingly makes a false material statement in any record, 

submission, or report under this WEB Trading Program shall be subject to 

criminal enforcement pursuant to the applicable state, tribal or federal law. 

M. Special Penalty Provisions for the 2018 Milestone 

1. If the WEB Trading Program is triggered as outlined in Section A of the SO2 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. 

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(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 SO2 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 provided in Section J1 of this Rule until the 

allowance transfer deadline. 

(d) A WEB source must hold allowances allocated 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 SO2

emissions for 2018. Emissions are determined using the pre-trigger monitoring provisions 

in Section B of the SO2 Milestones and Backstop Trading Program Implementation Plan, 

and [refer to state or tribe emission inventory or equivalent rule]. 

(e) An allowance deduction penalty and financial penalty shall be assessed and levied in 

accordance with Sections K4, L1(d) and L3 of this Rule, except that SO2 emissions shall 

be determined under Section M1(d) of this Rule. 

 

2. If the program has been triggered and provision 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 under 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 record 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 Section C1 of the SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

(b) The allowance 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 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 allocated 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 transfer deadline, in an amount not less than 

the WEB source’s total SO2 emissions for the specific emissions year. Emissions are 

determined using the pre-trigger monitoring provisions in Section B of the SO2

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37

Milestones and Backstop Trading Program Implementation Plan, and [refer to state or 

tribe emission inventory or equivalent rule]. 

(d) An allowance deduction penalty and financial penalty shall be assessed and levied in 

accordance with Sections K4, L1(d) and L3 of this Rule, except that SO2 emissions shall 

be determined under Section M3(c) of this Rule.

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38

APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

 

Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices

1. Applicability 

(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 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 content (reported as H2S) 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 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 H2S. 

(ii) Have the span value set so that the majority of readings fall between 

10 and 95% of the range. 

(iii) Record negative values of zero drift. 

(iv) Calibration drift shall be 5.0% of the span. 

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(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 test in accordance with paragraph 4(c) of this section. 

(3) All continuous fuel flow meters shall comply with the applicable provisions of 

Appendix D to 40 CFR Part 75. 

(4) The hourly mass SO2 emissions shall be calculated using the following 

equation: 

 E = (CS)(Qf)(K) 

where: E = SO2 emissions in lbs/hr 

 CS = Sulfur content of the fuel gas as H2S(ppmv) 

 Qf = Fuel gas flow rate (scfh) 

 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 SO2 CEMS and flow 

CEMS at only one location, if the CEMS monitoring at that location is representative of 

the SO2 emission rate (lb SO2/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 SO2 and flow shall comply with the operating requirements, 

performance specifications, and quality assurance requirements of 40 CFR Part 

75. 

(2) All continuous fuel flow meters shall comply with the applicable provisions of 

Appendix D to 40 CFR Part 75. 

(3) The SO2 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 devices using the following equation: 

 Et = (Em)(Qt)/(Qm) 

where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas 

combustion devices. 

Em = SO2 emissions in lbs/hr from the CEMS-monitored fuel gas 

combustion device. 

Qt = Fuel gas flow rate (scfh) from applicable fuel gas combustion 

devices. 

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

combustion device. 

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40

(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 SO2 - diluent CEMS at 

only one location, if the CEMS monitoring at that location is representative of the SO2

emission rate (lb SO2/mmBtu) of all applicable fuel gas combustion 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 SO2-diluent CEMS shall comply with the applicable provisions for SO2

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 SO2 emission rate (lb/mmBtu) 

by substituting the term SO2 for NOx in that section. 

(2) All continuous fuel flow meters and 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 SO2 mass emissions for all the fuel gas combustion devices monitored by 

this approach shall be determined by the ratio of the fuel gas heat input to the 

CEMS-monitored fuel gas combustion device to the total fuel gas heat input to all 

applicable fuel gas combustion devices using the following equation: 

 Et = (Em)(Ht)/(Hm) 

where: Et = Total SO2 emissions in lbs/hr from applicable fuel gas 

combustion devices. 

Em = SO2 emissions in lb/mmBtu from the CEMS - monitored fuel 

gas combustion device. 

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

combustion devices. 

Hm = Fuel gas heat input (mmBtu/hr) from the CEMS - monitored 

fuel gas combustion device. 

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 of 40 CFR Part 60 and 

paragraph 2 (a)(2) of this section for each CFGMS. 

(b) Each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the 

testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and 

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41

Appendices A and B, except that each SO2-diluent CEMS shall meet the relative 

accuracy requirements for a NOx-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/quality control (QA/QC) plan shall be developed and 

implemented for each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance 

with Appendix B of 40 CFR Part 75. 

(b) A QA/QC plan shall be developed and implemented for each continuous fuel flow 

meter and fuel sampling and analysis in compliance 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 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. 

 (2) In addition to the daily calibration error test, an additional calibration error test 

shall be performed whenever a daily calibration error test 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. 

(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 than 5.0 percent of a reference value, and 

the absolute value of the difference between average monitor response values and 

a reference value is greater than 5.0 ppm. 

 

(4) 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. 

 (5) 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. 

 

5. Missing Data Procedures 

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42

(a) For any period in which valid data are not being recorded by an SO2 CEMS or flow 

CEMS specified in this section, missing or invalid data shall be replaced with substitute 

data in accordance with the requirements in Subpart D of 40 CFR Part 75. 

(b) For any period in which valid data are not being recorded by an SO2-diluent CEMS 

specified in this section, missing or invalid data shall be replaced with substitute data on a 

rate basis (lb/mmBtu) in accordance with the requirements for SO2 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 section, 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 and 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 SO2 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 Requirements 

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

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

 

(2) 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. 

 (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 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 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 implemented for each PFMS in compliance with 

sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following: 

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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 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 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 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: 

(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. 

B-92
Western Backstop SO2 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 SO2 Milestones and Backstop Trading Program Section 309 of the Regional 

Haze Rule. 

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Monitoring 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 special 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 [state 

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, Recordkeeping and Reporting 

1. General Requirements on Monitoring Methods

(a) For each SO2 emitting unit at a WEB source the WEB source shall 

comply with the following, as applicable, to monitor and record SO2 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 SO2 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 SO2

and flow that complies with all applicable monitoring provisions 

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 SO2 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 monitoring that the source 

submits for approval by [state or tribe], and approval by the U.S. 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

Environmental 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 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. 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.

(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 

provisions 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 extent such flares are used as a fuel 

gas combustion device at a petroleum refinery.

(C) Any other type of unit without add-on SO2 control 

equipment, if no control level was assumed for the WEB source 

in establishing the floor level (and reducible allocation) 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 SO2 emitting units at a WEB source. The notice 

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 

source 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; and

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

retired. 

(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 SO2 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 source 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 allocation) 

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 of 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 Representative 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 year 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 standard 

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Monitoring 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 otherwise noted.

(8) A WEB source may opt to modify the monitoring for an SO2

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 Account 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 submit 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 

Representative) 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 monitoring method without having 

obtained prior written approval in accordance with Section I8(e) of this 

Rule (relating to petitions);

(2) Operate an SO2 emitting unit so as to discharge, or allow to be 

discharged, SO2 emissions to the atmosphere without accounting 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 SO2 mass emissions 

discharged into the atmosphere, except 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:

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Monitoring 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 from 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 SO2 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 monitoring 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 to demonstrate 

that all unit SO2 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 Rule 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 affects 

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Monitoring 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 SO2 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 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 SO2 emitting unit (or group of units sharing a 

common methodology) that, except as otherwise specified in an applicable 

provision in Appendix A, contains the following information: 

(1) For all SO2 emitting units involved in the monitoring plan: 

(A) Plant name and location; 

(B) Plant and unit identification 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 SO2 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 SO2 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 capacity, or process throughput 

capacity, if applicable;

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

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Monitoring 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, substitute 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 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.

(3) If the WEB source intends to petition 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 monitoring 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 specified 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., SO2 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 serial 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 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;

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Monitoring 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 (provide 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 code 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 75.19(c) of 40 CFR Part 75 is not required to 

report such formulas.

(4) Inside cross-sectional area (ft2) at flow monitoring location (for 

units with flow monitors, only).

(5) If using CEMS for SO2 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, 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 value and full scale value (in standard cubic 

feet per hour (scfh)) for each unit or stack using SO2 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 of 

such parameter:

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(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 SO2 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 Appendix 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. 

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(8) For each unit that is complying with 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; 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 calibration 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 

through 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 appropriate 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, monitor 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 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 

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ports, and other 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 supplying the information in paragraphs (c) and (d) above, 

the WEB source with an SO2 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 situations described: 

(1) For each gas-fired or oil-fired SO2 emitting unit for which the WEB 

source uses the optional protocol in appendix D to 40 CFR Part 75 for 

SO2 mass emissions, the WEB source 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 (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 for 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 SO2 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;

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(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 SO2 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 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 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 SO2 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 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) or fuel 

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

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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 SO2 emissions; and

(F) Any unit historical actual, estimated and projected SO2

emissions data and calculated SO2 emissions data 

demonstrating that the unit qualifies as a low mass emissions 

unit 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 40 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 SO2 emitting unit not otherwise subject to 40 

CFR Part 75 that monitors SO2 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 requirements 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.

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(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 particular 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 certification 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 WEB 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, prospectively, 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, if 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 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 this Rule, missing or invalid data shall be 

replaced with substitute data in accordance with 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 SO2 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: 

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(1) If the WEB source will use a CEMS to comply with this Section, 

substitute the maximum potential concentration of SO2 for the 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 procedures, 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 section 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 SO2 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; 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 shall 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 days 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:

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(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 source 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 applicable 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 source shall keep records of all operating hours, quality 

assurance activities, fuel sampling measurements, hourly averages for SO2, 

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 SO2 emitting unit that uses a Part 75 monitoring 

method to meet the requirements of this Section.

8. Reporting

(a) Quarterly Reports. For each SO2 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 a 

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

additional 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 SO2 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 SO2 emissions for all SO2 emitting 

units at the source. The annual report shall identify the total emissions for all 

units monitored 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 and 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 petition 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 evaluation of the petition, 

including, at a minimum, the following information:

(1) Identification of the WEB source and applicable SO2 emitting 

unit(s);

(2) A detailed explanation of why the proposed alternative 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 alternative 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 adverse 

effect of approving such alternative will be de minimis; and

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

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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 of 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 monitors 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 following, 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 SO2 emissions for all SO2 emitting units at the 

source that are monitored 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 

allowance 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 allowances 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 SO2 emissions for all SO2 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 the 

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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 compliance account, beginning with the allowances allocated 

to the WEB source and continuing with the allowances transferred to the WEB 

source=s compliance account from another compliance account or general 

account. The allowances held in a special reserve compliance account 

pursuant to Section I1.(b) of this Rule shall be deducted as specified in 

paragraph (c)(1) of this Section L.

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APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices

1. Applicability

(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 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 content (reported as 

H2S) 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 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 H2S.

(ii) Have the span value set so that the majority of readings 

fall between 10 and 95% of the range.

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(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 test 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 SO2 emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

calculated using the following equation:

Et = (CS)(Qt)(K)

where: Et = Total SO2 emissions in lb/hr from applicable 

fuel gas combustion devices

CS = Sulfur content of the fuel gas as H2S(ppmv)

Qt = Fuel gas flow rate 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 SO2 CEMS, a flow CEMS, and (if necessary) a 

moisture monitoring system at only one location, if the CEMS 

monitoring at that location is representative of the SO2 emission rate 

(lb SO2/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 SO2, flow, and (if applicable) moisture, shall 

comply with the operating requirements, performance 

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 SO2 hourly mass emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

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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 following equation:

Et = (Em)(Qt)/(Qm)

where: Et = Total SO2 emissions in lb/hr from applicable fuel 

gas combustion devices

Em = SO2 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 Qt = Fuel gas flow rate (scf/hr) to the 

applicable fuel gas combustion devices

Qm = 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 SO2 -

diluent CEMS at only one location, if the CEMS monitoring at that location is 

representative of the SO2 emission rate (lb SO2/mmBtu) of all applicable fuel 

gas combustion 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 SO2-diluent CEMS shall comply with the applicable 

provisions for SO2 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 SO2 emission rate (lb/mmBtu) by 

substituting the term SO2 for NOx in that section, and using a K 

factor of 

1.660 x 10-7 (lb/scf)/ppmv instead of the NOx K factor.

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

analysis 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 SO2 hourly mass emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

calculated by using the following equation:

Et = (Em) (Qt)(GCV)/106

where: 

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Et = Total hourly SO2 mass emissions in lb/hr from the 

applicable fuel gas combustion devices

Em = SO2 emission rate in lb/mmBtu from the CEMS -

monitored fuel gas combustion device 

Qt = Fuel gas flow rate (scf/hr) to the applicable 

fuel gas combustion devices

GCV = Fuel Gross Calorific Value (Btu/scf) 

 106 = Conversion 

from Btu to million Btu

(d) Calculate total SO2 mass emissions for each 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 SO2 and flow or each SO2-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 SO2-

diluent CEMS shall meet the relative accuracy requirements for a NOxdiluent 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 Requirements

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

and 

implemented for each CEMS for SO2 and flow or the SO2-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 developed and implemented for each 

continuous fuel flow meter and fuel sampling and analysis in 

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Monitoring 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 sections 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 test 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 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 than 5.0 percent of a reference value, and the absolute 

value of the difference between average monitor response 

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 and 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 SO2

CEMS or flow CEMS specified in this section, missing or invalid data 

shall be replaced with substitute data in accordance with the 

requirements in Subpart D of 40 CFR Part 75.

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(b) For any period in which valid data are not being recorded by an SO2-

diluent CEMS specified in this section, missing or invalid data shall be 

replaced with substitute data on a rate basis (lb/mmBtu) in 

accordance with the requirements for SO2 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 section, 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 and 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 SO2

emission rate from the monitored unit is representative of the rate 

from non-monitored units.

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Monitoring 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 modify the SO2

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 Requirements

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Monitoring 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 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 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 each 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 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 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:

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Monitoring 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.

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Western Backstop Sulfur Dioxide Trading Program, 

Utah Administrative Code R307-250

R307. Environmental Quality, Air Quality.

R307-250. Western Backstop Sulfur Dioxide Trading Program.

R307-250-1. Purpose.

 This rule implements the Western Backstop (WEB) Sulfur Dioxide Trading Program 

provisions in accordance with the federal Regional 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 Representative for a WEB source or an Account 

Representative for a general account. "Account Representative" means the individual who is 

authorized through an Account Certificate 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 general 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 specified 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 recording in a WEB source's compliance account in order 

to demonstrate compliance for that control period. 

 "Compliance Account" means 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. 

 "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 beginning 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. 

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 "General Account" means an account established in the WEB EATS under R307-250-8 for 

the purpose of recording allowances held by a person that are not to be used to show compliance 

with an allowance limitation. 

 "Milestone" means the maximum level of stationary 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 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 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 accordance with the provisions of SIP Section XX.E.1.c. 

 "Program trigger years" means the years shown in SIP Section XX.E.1.a, Table 3, column 3 

for the applicable milestone if the WEB Trading Program 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 Systems 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" means 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 equipment 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 postmark, 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 equaling 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 provisions 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 compliance with allowance limitations, and the system 

where allowances under the WEB Trading Program are recorded, held, transferred and deducted. 

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 "WEB EATS account" means an account in the 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 contiguous 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) and (b) of this subsection. A stationary source or 

group of stationary sources shall be considered part of a single industrial grouping if all of the 

pollutant emitting activities at such source or group of sources on contiguous or adjacent properties 

belong to the same Major Group (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 sulfur dioxide emissions of 100 tons or more per 

year in the program trigger years or any subsequent year. The fugitive emissions of a stationary 

source shall not be considered in determining whether it is 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; 

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 (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 plants of more than 250 million British thermal units 

per hour heat input; or 

 (xxvii) Any other stationary source category, 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 the 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 defined 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 temporary emission increase that was caused by a 

sudden, infrequent failure of air pollution control equipment, or process equipment, or a failure to 

operate in a normal or usual manner, and 

 (ii) the stationary source has corrected the 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 fuels or feedstocks on a temporary basis and as a 

result of an emergency situation or unique and unusual circumstances besides the cost of such fuels 

or feedstocks. 

 (3) Duration of Applicability. Except as provided 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 permanently retired shall apply for a retired source 

exemption. The WEB source may be considered permanently retired only if all sulfur dioxide 

emitting units at the source are permanently retired. 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 from R307-250-9 and R307-250-12, except as provided 

below. 

 (ii) A retired source shall not emit any sulfur dioxide after the date the retired source 

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exemption is issued. 

 (iii) A WEB source shall submit sulfur dioxide 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 the 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 existence but no longer emitting sulfur dioxide shall, for a 

period of five years from the date the records are 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 exemption 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 automatically 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 exemption 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 account 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 name 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 data 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 as 

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county 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 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 the owner 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 representative 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 established 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 representative 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 submission 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 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 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 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 executive 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, inactions, and submissions by the previous account 

representative or alternate prior to the time and date when the TSA receives the superseding 

certificate shall be binding on the new account representative 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 of 

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owners and operators submitted in the certificate, 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 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 before 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 allowances 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 for 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 portion 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, recorded, 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, and is a limited authorization to emit one ton of 

sulfur dioxide valid only for the purpose of meeting 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 annual sulfur dioxide emissions to a level that is 

below the floor level allocation established for that source in SIP Section XX.E.3.a(1)(b)(i) or any 

utility that reduces its permitted annual sulfur dioxide 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 receives early reduction bonus allocations must retain 

the records referenced in this section for a minimum 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 that 

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include annual sulfur dioxide emissions limits for the WEB source during the period the WEB 

source qualifies for an early reduction credit. Approval orders, permits, or enforceable documents 

must contain monitoring requirements for sulfur dioxide 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 available control technology for utilities was calculated 

using data that are consistent with monitoring methods specified in R307-250-9(1)(a). If needed, the 

demonstration shall include a new floor level calculation 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 executive 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 permitted annual sulfur dioxide emission limit for that 

source, or sulfur dioxide annual emissions calculated based on a level of control equivalent to best 

available control technology (BACT) and assuming 100 percent utilization of the WEB source, 

beginning with the first full calendar year of operation. 

 (b) An existing WEB source that has increased production capacity through a new approval 

order issued under R307-401 may apply to the executive 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 emission 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 and 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 associated 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 alternate 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. 

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 (b) the WEB source or organization name; 

 (c) the type of account to be opened; 

 (d) identification of the specific units that are being monitored under R307-250-9(1)(b) and 

that must demonstrate compliance with the allowance limitation in the special reserve compliance 

account; and 

 (e) a signed certification of truth and accuracy 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 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, 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 submissions 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 available), 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 allowances 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 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 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 established, the account representative shall make all 

submissions concerning the account, including the deduction or transfer of allowances. 

 (4) Requirements and Responsibilities for General Accounts. Each submission for the 

general account shall 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 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 information or omitting required statements and 

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information, including the possibility of fine or imprisonment." 

 (5) Changing the Account Representative for General Accounts. The account representative 

or alternate account representative may be changed 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 superseding certificate shall be binding on the new account 

representative and all persons having ownership interest 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 requirements 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 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 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-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 sulfur dioxide 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. Environmental 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 with a unit that meets one of the conditions of 

(i) below may submit a request to the executive secretary 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 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; or 

 (C) any other type of unit without add-on sulfur 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 subsection (b), the account representative shall submit a 

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notice 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 accordance 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 the 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 includes 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 submitted under R307-250-7(6) for allocations from the setaside. 

 (iv) The account representative for a WEB 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 estimate 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 the WEB source are greater than the allowances for 

the current control year held in the special reserve 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 monitoring change must take effect on January 1 of the 

next compliance year. In addition, the account 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 (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 operate 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 alternative 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 accounting for these emissions in accordance with the 

applicable provisions of this section; 

 (iii) disrupt the approved monitoring method or any portion thereof, and thereby avoid 

monitoring and recording sulfur dioxide mass emissions discharged into the atmosphere, except for 

periods of recertification or periods when calibration, quality assurance testing or maintenance is 

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performed 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 from 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 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 secretary an initial monitoring plan for each 

monitoring method that the WEB source uses to comply 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 demonstrate 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) below. The plan will contain the applicable 

information required by (d) below. The executive secretary may require that the monitoring plan or 

portions of it be submitted electronically. The executive 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 days after any change is made to the plan in 

accordance with (iii) below. 

 (iii) Whenever a WEB source makes a replacement, 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 serial 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 subsection (2) by preparing, maintaining and submitting a 

monitoring plan in accordance with the requirements 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 representative 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 provision 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 pipes associated with the monitoring plan; 

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 (E) types of fuels fired or sulfur containing 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 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; 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 identification 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 petition may be submitted as part of the initial 

monitoring plan. 

 (iv) The executive secretary may issue a notice of approval or disapproval of the initial 

monitoring 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 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 description 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 flowmeter, 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 emission 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 emissions parameter, using component or system 

identification codes for the monitoring system used to measure the parameter that links the system 

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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 code 

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 40 CFR Part 75.19(c) is not required to report 

such formulas. 

 (iv) For units with flow monitors only, the inside cross-sectional area in square feet at the 

flow monitoring location. 

 (v) If using CEMS for sulfur dioxide and flow, for each parameter monitored, include the 

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, 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 value 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 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 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 subsection 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 range 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) designated 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 the 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 range 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; 

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 (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 strategies 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 gas 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 monitoring plan and (i) and (iii) above. 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; and 

 (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, performance, or quality control checks. 

 (xii) A data flow diagram denoting the complete 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 methodologies 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 CFR 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 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 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 D 

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to 40 CFR Part 75; 

 (I) for units using the 720 hour test under subsection 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 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 WEB 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 performed to qualify as a low mass emissions unit under 40 

CFR 75.19(c). This report will include either the previous 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 projected 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 relationship between the unit, all fuel supply lines 

and tanks, any fuel flowmeters, and the stacks. 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 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 and projected sulfur dioxide emissions data and 

calculated sulfur dioxide emissions data demonstrating 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 representative shall include the following in the 

monitoring plan: current calendar year, fuel usage data as specified in the definition 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 Appendix B of State Implementation Plan Section XX, as applicable. 

Certification or recertification of a monitoring system 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: 

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 (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 certification of a monitoring system or component, 

the certification is revoked. The data measured and 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 apply 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 Control. 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 control 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 substitute 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 the 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 concentration of sulfur dioxide for the 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 procedures, as applicable. 

 (ii) 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 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 in 

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which 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 plan 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 certification 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 installed, 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 shall submit each quarterly report no later than 

30 days after the end of each calendar quarter, and 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. Unless 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 sulfur 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 dioxide 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 secretary, 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 Part 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 for all sulfur dioxide emitting units at the source. 

The annual report shall identify total emissions for all units monitored in accordance with (1)(a) 

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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 include 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 equipment and procedures used in the proposed 

alternative, if applicable; and 

 (d) a demonstration that the proposed alternative 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 allowance 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 control 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 permanently 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 of 

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special 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 held 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 compliance 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 immediately 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 previous year in excess of the number determined 

in (b) above 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 

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 determining 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 the total sulfur dioxide emissions for the control 

period from the WEB source, as determined under 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 four years following the inventory 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. 

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 (iv) If the WEB Trading Program is triggered in accordance with the 2013 review 

procedures in SIP Section XX.E.1.d, 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: 

 (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 source's compliance account as of the allowance 

transfer deadline for the current control period, or was transferred into the compliance account by an 

allowance transfer correctly submitted for recording by the allowance transfer deadline for the 

current control period. 

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

 (i) The total annual sulfur dioxide emissions for all sulfur dioxide emitting units at the source 

that are monitored under R307-250-9(1)(b), as reported 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 account 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 total emissions from such units exceed the allowances 

in such special reserve compliance account, the WEB source shall account for such excess emissions 

in the following paragraph (ii). 

 (ii) The total annual sulfur dioxide emissions 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 reserve 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 limitation as directed by the WEB source's account 

representative. Deduction of any other allowances as necessary for compliance with the allowance 

limitation shall be on a first-in, first-out accounting basis in the order of the date and time of their 

recording in the WEB source's compliance account, beginning with the allowances allocated to the 

WEB source and continuing with the allowances transferred to the WEB source's compliance 

account from another compliance account or general account. The allowances held in a special 

reserve compliance account pursuant to 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 shall be submitted no later than the allowance 

transfer deadline of each control period, and shall contain the following: 

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 (i) identification of each WEB source; 

 (ii) at the account representative's option, the serial numbers of the allowances that are to be 

deducted from a source's compliance account or special reserve compliance account for compliance 

with the allowance limitation; and 

 (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 primary responsibility for operating the WEB source in 

compliance with the WEB Trading Program, whether the WEB source for which the compliance 

certification is submitted was operated in compliance 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 data 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 WEB source has been maintained to reflect the 

actual operation and monitoring of the source, and contains all information necessary to attribute 

sulfur dioxide emissions to the source, in accordance with R307-250-9(2); 

 (iv) whether all the sulfur dioxide emissions from the WEB source if applicable, were 

monitored or accounted for either through the applicable monitoring or through application of the 

appropriate missing data procedures; 

 (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 method 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 deduction 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 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. 

 (ii) Any allowance deduction required under R307-250-12(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 the 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 allowance 

B-143
deduction 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 emissions in excess of a source's allowance limitation is a separate 

violation. 

 (b) General Liability. 

 (i) Any provision of the WEB Trading Program that applies to a source or an account 

representative shall apply also to the owners and operators of such source. 

 (ii) Any person who violates any requirement or prohibition of the 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 midnight Pacific Standard Time on May 31, 2021 (or 

if this date is not a business day, midnight of the first business day thereafter). WEB sources may 

transfer allowances as provided in 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 sulfur dioxide emissions in excess of the WEB 

source's allowance limitation. 

 (i) Any source may resolve its excess emissions violation by agreeing to a streamline 

settlement approach where the source pays a penalty of $5,000 per ton or partial ton of excess 

emissions, and payment is received within 90 calendar days after the issuance of a notice of 

violation. 

 (ii) Any source that does not resolve its excess 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 

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 (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 outlined 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 Pacific 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)

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- 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 

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(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 

B-147
(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- - .- - 

B-148
B-149
B-150
B-151
B-152
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, pollutants, and information that sources must include 

in inventory submittals; and 

 (b) to establish consistent reporting requirements 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, section XX.E.1.a, incorporated by reference in 

R307-110-28. 

 (2) The requirements of R307-150 replace any 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 submitted 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 under 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 noncarcinogenic air contaminant for which a 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. 

 "Carcinogenic Contaminant" means any air contaminant 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 noncarcinogenic air contaminant for which a threshold 

limit value - time weighted average (TLV-TWA) having no threshold limit value - ceiling (TLV-C) 

B-153
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 requirements 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 source that meets the criteria of R307-150-3(1) and 

that emits less than 100 tons per year of sulfur dioxide 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 established 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 potential 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 specific emissions unit that is the source of the air 

pollution, type and efficiency of the air pollution control equipment, percent of sulfur content in fuel 

and how the percent is calculated, and other information necessary 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, 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 reporting 

B-154
requirements shall submit a summary report of annual sulfur dioxide emissions that were reported to 

the Environmental Protection Agency under 40 CFR Part 75 in lieu of the reporting requirements in 

(1) above. 

 (3) Changes in Emission Measurement Techniques. Each source subject to R307-150-4 that 

uses a different emission monitoring or calculation method than was used to report their sulfur dioxide 

emissions in 2006 under R307-150 or 40 CFR Part 75 shall adjust their reported emissions to be 

comparable to the emission monitoring or calculation 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 ammonia 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 pollution, composition of air contaminant, type and 

efficiency of the air pollution control equipment, and other information necessary 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, 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 include the rate and period of emissions, excess or 

breakdown emissions, startup and shut down emissions, the specific emissions unit which is the 

source of the air pollution, composition of air contaminant, type and efficiency of the air pollution 

control equipment, and other information necessary 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, and 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) shall submit the following emissions inventory every 

B-155
third 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 applicable TLV-TWA ex

m nd multiplied by 21.22 to obtain the pounds-per-year threshold; or 

 (d) for carcinogenic contaminants, the applicable 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

B-156
Evaluation of Smoke Management (20.2.65 NMAC) 

 

B-157
This portion of Appendix B to the TSD concerns our evaluation of a revision to the New 

Mexico State Implementation Plan (SIP) specifically concerning a revision to Title 20, Chapter 

2, Part 65 Smoke Management (20.2.65 New Mexico Administrative 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 official administrative body responsible 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, Sections 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 legal 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 regulation 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 which 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 the purpose of the regulation.

B-158
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 manual, 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 alternative 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 wildland 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 wilderness 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 Air 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 shall not be a replacement for fire; for the purposes of this 

regulation, a technique used within three years of a burning 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 volume, 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, single 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 "prescribed 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 and untreated wood products, including tree stumps 

(whole or chipped), trees, tree limbs (whole 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 essentially 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 specific pre-stated resource objectives in predefined geographic 

areas, also known as fire use, wildfire use, prescribed natural fire, and fire for resource benefit. 

[20.2.65.7 NMAC - N, 12/31/03] 

B-159
 

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 one 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 conditions. 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 the reasons for waiver application 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 department shall consider such waiver requests on a case-bycase basis; and 

 (b) conduct burn projects at least 300 feet from any occupied 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 document the reasons for waiver application on the appropriate form provided 

B-160
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 department shall 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 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 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 day 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 shall 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 under that burn project registration. The 

burner shall not burn more area or volume than the burner has included in the notification or registration. 

D. The burner shall submit a completed 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 radius 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 project and obtain a burn registration 

number; submit a completed burn project tracking form to the department by a specified 

time; perform visual monitoring and document such a conduct; conduct public 

notification of people within a one-mile radius of the burn project; and record its actions 

and maintain such records for a minimum of a year. 

The requirements described in option 1 or option 2 will provide for enforcement of the SMP I 

burn projects.

20.2.65.103 REQUIREMENTS FOR SMP II: For any burn project with emissions 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 the 

B-161
following 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 alternatives 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, taking 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 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. 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 11:00 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 notification prior to igniting the burn. The burner 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 considered, 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 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 the burner 

must: 

 review the smoke management educational and outreach materials; evaluate and consider other 

means than burning; put in place at minimum one emission reduction technique; only burn 

during times when the ventilation category is "good" 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 forms two weeks before the burn or 

sooner; perform visual monitoring and document such a performance; conduct public 

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notification of people within a fifteen mile radius of a population (pending wind direction); 

conduct instrument monitoring in addition to visual monitoring (instrument monitoring to be 

determined by the department on a case by case determination); shall conduct public notification 

within a specified time line; and record its actions 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, notify the authorities, conduct timely 

public notification, perform visual monitoring and document the results of such monitoring, 

submit a fire tracking activity report in a timely manner, and maintain such records for a 

minimum of one year. This section provides for 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, whichever 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 manager or owner will need to adhere to when wild 

fires exceeds 100 acres. The section also provides for fore activity tracking form and reporting. 

This section assists in transparency and reporting of wildfires.

HISTORY OF 20.2.65 NMAC:

Pre-NMAC History: None. 

 

History of Repealed Material: [RESERVED] 

 

Other History: [RESERVED] 

 

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Evaluation of Open Burning (20.2.60 NMAC) 

 

B-164
This portion of Appendix B to the TSD concerns our evaluation of a revision to the New 

Mexico State Implementation Plan (SIP) specifically 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 official administrative body responsible 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) and (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 legal 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 regulation 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 which 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 the purpose of the regulation.

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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, warning, 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 salvage 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 contained 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 human 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] 

B-166
This section is identical to provisions in subsection 109 of the corresponding section of the 

original open burning rule approved 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 operation 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 regional waste authority, county, or incorporated city, 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 public 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 any location nearer than three hundred feet from any 

occupied dwelling, workplace, or place where people congregate, on property 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 that open burning is not utilized as a means of 

conducting a salvage operation. 

The applicability in subsection B above ensures 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 evaluation purposes. However, at the time this rule 

was adopted it provided for a transitional mechanism concerning application of the new open 

burning requirements. 

The applicability in subsection D above states what type of fuel may be used as an auxiliary 

B-167
starter for an open burning project. 

These subsections A through D above will assist with 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 hundred 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 after 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 hundred 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 used 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 auxiliary 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. 

 

B-168
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 instruction pending prior notification and 

reporting using prescribed form from the department. 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 issued, 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 hazardous waste is allowed only when it is being 

conducted in conformance with the applicable 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 determined 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 emergency 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 - Regulation 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. 

B-169