# Technical Support Document

for the

City of Albuquerque – Bernalillo County, New Mexico 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 Sulfur Dioxide Emissions Inventory Re quirements; Western Backstop Sulfur

Dioxide (20.11.46 NMAC)...................................................................................1

2003 Adoption of 20.11.46 NMAC ................................................................8

2008 Revision to 20.11.46 NMAC. ...............................................................34

2011 Revision to 20.11.46 NMAC............ ...................................................59

2003 WRAP Model Rule and Supplement......................................................86

State of Utah’s Western Backstop Su lfur Dioxide Trading Rule R307-250...............159

Evaluation of Open Burning (20.11.21 NMAC) ......................................................183

### <1> Evaluation of Sulfur Dioxide Emissions Inventory Re quirements; Western Backstop Sulfur

Dioxide (20.11.46 NMAC)2This portion of the Technical SupportDocument (TSD) concerns our evaluation of 20.11.46 NMAC as adopted by AlbuquerqueBernalillo County on 12/31/03, and subsequently amended, effective on 9/15/08 and 5/16/2011. These original rules and amendmentswere submitted to EPA for review as SIP revisions on 12/29/03, 9/10/08, and 6/2/2011.These rules are organized in the New Mexico Administrative Code under the titleSulfur Dioxide EmissionsInventory Requirements;Western Backstop Sulfur Dioxide. They are offered to satisfy the requirementsfor a market trading program under 40 CFR 51.309.They may be approved as companion rules to a regional haze plansubmitted under 40 CFR 31.309 if they are sufficient to achievethemilestones required by 51.309(d)(4)(i) and if they are consistentwith the elements for trading programs outlined in 40 CFR51.308(e)(2)(vi). Additionally, these rules were developed based upon the 2003 Western Regional Air Partnership (WRAP) WesternBackstop (WEB) Sulfur Dioxide Trading Program Model Rule (Model Rule) for section 309states to follow. A successful tradingprogram is dependent upon consistency betweenthe state’s trading program rules. Therefore, the analysis below also comparesAlbuquerque-Bernalillo County’s Rule 20.11.46 NMAC to the 2003 WRAP Model Rule and the State of Utah’s Western BackstopSulfur Dioxide Trading RuleR307-250 for consistency.The complete text of each SIP revision, the Model Rule and a copyof the State of Utah’s TradingProgram Rule R307-250 is attachedto the end of this section of the TSD. A section-by-section evaluation of theTitle 20, Chapter 11, Part 46Sulfur Dioxide EmissionsInventory Requirements; Western Backstop Sulfur Dioxide(20.11.46 NMAC) submittals is as follows:Rule ProvisionsAdopted12/31/03Submitted12/29/03Amended9/15/08Submitted9/10/08Amended5/16/2008Submitted6/2/2011RecommendApproval?20.11.46.1This provision titled, ISSUING AGENCY, sets forth the administrative bodyresponsible for this regulation and its contact information. This section should beapproved.XNoNoYes20.11.46.2This provision, titled, SCOPE, defines applicable geographic areas relevant to part46. This section should be approved.XX2NoYes20.11.46.3This provision, titled, STATUTORY AUTHORITY, sets forth the legal authority ofthe issuing agency for this regulation.This section should be approved.XX2NoYes20.11.46.4XNoNoYes3This provision, titled, DURATION, defines the duration of rule, i.e., permanent. Thissection should be approved.20.11.46.5This provision, entitled, EFFECTIVE DATE,defines the date upon which the rulewill go in effect. This section should be approved.XX2X2Yes20.11.46.6This provision, titled, OBJECTIVE, defines the objective of the rule (to implementthe western backstop SO2 trading program etc.), corresponds to Section A -Purposeof 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 beapproved.XNoX2Yes20.11.46.7This provision, titled, DEFINITIONS, defines the terms applicable to the rule.Utilization of the defined terminologies from this section in the regulation willprovide for clarity and facilitate application of theregulation. This provisioncorresponds to Section B – Definitions ofthe Model Rule and is substantiallyidentical to Section 2 ofUtah’s Rule R307-250: Western Backstop Sulfur DioxideTrading Program. This section should be approved.XX2X1,2,3Yes20.11.46.8This provision, titled, VARIANCES, states that no variances will be granted fromrequirements of this rule. This section should be approved.XX2NoYes20.11.46.9This provision, titled, EMISSION TRACKING REQUIREMENTS FOR SULFURDIOXIDE EMISSION, defines the emission inventory and reporting requirements fortracking compliance with the regional sulfur dioxide milestones until the WEBtrading program has been implementedand emission tracking has occurred underprovision 20.11.46.16. This section should be approved.XX2X2,3Yes20.11.46.10This provision, titled, WEB TRADING PROGRAM TRIGGER, defines the programtrigger date and the effective date of special penalty provisions.This provision workswith the provisions of the RH 309 SIP toaccord with the requirements of 40 CFR51.309(d)(4)(iv), the “Criteriaand Procedures for a Market Trading Program.” ThisXX2X2,3Yes4provision corresponds to Section C – WEB Trading ProgramTrigger of the ModelRule and is substantially identical to Section 3 of Utah’s Rule R307-250: WesternBackstop Sulfur Dioxide Trading Program. This section should be approved.20.11.46.11This provision, titled, WEB TRADING PROGRAM APPLICABILITY, defines thegeneral applicability of the rule and lists types of applicable sources consistent with40 CFR 51.308(e)(2)(vi)(A),the “applicability provisions.” This provisioncorresponds to Section D – WEB Trading Program Applicability of the Model Ruleand is substantially identical to Section 4 of Utah’s Rule R307-250: WesternBackstop Sulfur Dioxide Trading Program. This section should be approved.XX2X2,3Yes20.11.46.12This provision, titled, ACCOUNT REPRESENTATIVE FOR WEB SOURCES,requires that each source identify an accountrepresentative. This helps satisfy therequirement for “authorized account representative provisions” from 40 CFR51.308(e)(2)(vi)(G). Thisprovision corresponds toSection E – AccountRepresentative for WEB Sources of the Model Rule and is substantially identical toSection 5 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide TradingProgram. This section should be approved.XX2X2Yes20.11.46.13This provision, titled, REGISTRATION, requires source registration prior to theprogram trigger date pursuant to 40 CFR 51.309(d)(4)(iii)-(iv). This requirement willhelp ensure participation and tracking ofall sources subject to the program. Thisprovision corresponds to Section F – Registration of the Model Rule and issubstantially identical to Section 6 ofUtah’s Rule R307-250: Western BackstopSulfur Dioxide Trading Program. This section should be approved.XNoX2Yes20.11.46.14This provision, titled, ALLOWANCE ALLOCATIONS, outlines requirements forallowance allocations. This provision isneeded to establish the allowance marketaccording to appropriate procedures andwith appropriate participation. Thisprovision corresponds to Section G – Allowance Allocations of the Model Rule andis substantially identical toSection 7 of Utah’s RuleR307-250: Western BackstopSulfur Dioxide Trading Program.This section should be approved.XX2X2,3Yes520.11.46.15This provision, titled, ESTABLISHMENTOF ACCOUNTS, requires allowancetracking system accounts consistent with40 CFR 51.308(e)(2)(vi)(B). This provisioncorresponds to Section H – Establishmentof Accounts of the Model Rule and issubstantially identical to Section 8 ofUtah’s Rule R307-250: Western BackstopSulfur Dioxide Trading Program.This section should be approved.XX3X2,3Yes20.11.46.16This provision, titled, MONITORING, RECORD KEEPING AND REPORTING –GENERAL REQUIREMENTS ON MONITORING METHODS, presents thegeneral requirements for monitoring methods and plans consistent with 40 CFR51.308(e)(2)(vi)(C)-(E), the requirementsfor monitoring, recordkeeping andreporting provisions. These requirements are generally needed to ensureenforceability of the program. This provision corresponds to Section I – Monitoring,Recordkeeping and Reporting of the Model Rule and is substantially identical toSection 9 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide TradingProgram. This section should be approved.XX2,3X1,2,3Yes20.11.46.17This provision, titled, ALLOWANCE TRANSFERS, outlines proceduralrequirements for allowance transfers consistent with 40 CFR 51.308(e)(2)(vi)(H), therequirement for allowance transfer provisions. This provision corresponds to SectionJ – Allowance Transfers of the Model Ruleand is substantially identical to Section10 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program.This section should be approved.XNoX2Yes20.11.46.18This provision, titled, USE OF ALLOWANCES FROM A PREVIOUS YEAR,defines the use(s) of allowances consistent with the requirements in 40 CFR51.308(e)(2)(vi)(K), which requires provisions that clarify and the restrictions on theuse of banked allowances. This provision corresponds to Section K – Use ofAllowances from a Previous Year of the Model Rule and is substantially identical toSection 11 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide TradingProgram. This section should be approved.XX2X2,3Yes20.11.46.19XX2,3X2,3Yes6This 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 penaltyprovisions. The 2011 revisionsappropriately corrected thesection so that mandatoryallowance deductions are made to equal “at least three times the tonnage of excessemissions,” as required for mandatoryallowance deductions. This provisioncorresponds to Section L – Compliance ofthe Model Rule and is substantiallyidentical to Section 12 of Utah’s RuleR307-250: Western Backstop Sulfur DioxideTrading Program. This section should be approved.20.11.46.20This provision, titled, SPECIAL PENALTY PROVISIONS FOR YEAR 2018MILESTONE, requires special provisions for the program if the first program controlperiod will not occur untilafter 2018, consistent with 40 CFR 51.309(d)(4)(vi)(A)and (B). This provision works to prohibitemissions that exceed the 2018 milestonebeginning in 2018 and institutes penalty provisions to ensure the 2018 milestone willbe met. This provision corresponds to Section M – Special Penalty Provisions for the2018 Milestone of the Model Rule and is substantially identicalto Section 13 ofUtah’s Rule R307-250: Western BackstopSulfur Dioxide Trading Program. Thissection should be approved.XX3X2,3Yes20.11.46.21This provision, titled, SO2 MONITORING OF FUEL GAS COMBUSTIONDEVICES, defines applicability, monitoring, quality assurance/control and missingdata procedures requirements pursuantto 40 CFR 51.308 (e)(2)(vi)(C)-(E). Thisprovision is applicable to fuel gas combustion devices at petroleum refineries andensures continuous monitoring of SO2. This provision corresponds to Model RuleAppendix A: WEB Model Rule Monitoring Protocols, Protocol WEB-1: SO2Monitoring of Fuel Gas Combustion Devices. This section should be approved.XX2X2,3Yes20.11.46.22This provision, titled, PREDICTIVEFLOW MONITORING SYSTEMS FORKILNS WITH POSITIVE PRESSURE FABRIC FILTER outlines applicability,monitoring, certification and quality assurance and quality control requirements forcement or lime kilns pursuant to 40 CFR 51.308 (e)(2)(vi)(C)-(E). This provisionXNoX2,3Yes7corresponds to Model Rule Appendix A:WEB Model Rule Monitoring Protocols,Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with PositivePressure Fabric Filter. Thissection should be approved.20.11.46.23This provision, titled, SAVINGS CLAUSE, clarifies amendments and their effect onpending actions for violations. This section should be approved.XNoNoYes20.11.46.24This provision, titled, SEVERABILITY, clarifies the severabilityand validity ofportions of the rule. This section should be approved.XX2NoYesRuleRevisionNotes:1)Clarifiesstructuralformattingofrule2)Revisionsareeditorialinnature,replacementoftermsandotherclarificationsortypographicalcorrections.3)Addition/deletionoflanguageforclarificationofrequirements.

### K. "Allowance transfer deadline" means the deadline established in Subsection B of 20.11.46.17
NMAC when allowances must be su bmitted for recording in a WEB sour ce’s compliance account in order to demonstrate compliance for that control period. L. "Compliance account" means an account established in the allowance tracking system under Subsection A of 20.11.46.15 NMAC for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. M. "Compliance certification" means a submission to the depart ment by the account representative as required under Subsection B of 20.11.46.19 NMAC to report a WEB source’s compli ance or noncompliance with

20.11.46 NMAC. N. "Control period" means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive. O. "Emission report" or "inventory" means a listing, by source, of the amount of air pollutants discharged into the atmosphere. P. "Emissions tracking database" means the central database where SO 2 

### emissions for WEB sources as recorded and reported in accordance with 20.11.46 NMAC are tr acked to determine compliance with
allowance limitations. Q. "Emission unit" or "unit" means any part of a stationary source that emits or would have the potential to emit any pollutant regulated pursuant to the Clean Air Act. R. "Existing source" means, a stationary source that co mmenced operation before the program trigger date. S. "Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
T. "General account" means an account established in the allowance tracking system under 20.11.46.15 NMAC for the purpose of recording allowances held by a person that are not to be used to show compliance with an allowance limitation.
U. "Milestone" means the maximum level of stationary source regional sulfur dioxide emissions for each year from 2003 to 2018, es tablished according to the proced ures in Section A of the [SO 2 

### milestones and backstop trading program ] implementation plan.
V. "New source set-aside" means a pool of allowances that are available for allocation to new
sources in accordance w ith the provisions of Section [F(3) of Chap ter VI of the SO 2 

### milestones and backstop trading

program ] C1.3 of the implementation plan element.
W. "New WEB source" means a WEB source that commenced operation on or after the program trigger date. X. "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.
Y. "Part" means an air quality control regulation under Title 20, Chapter 11 of the New Mexico administrative code, unless otherwise noted, as adopted or amended by the AQCB.
Z. "Potential to emit" means the maximum capacity of a stationa ry 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. AA. "Program trigger date" means the date that the department determines that the WEB trading program has been triggered in accordance with the provisions of Section [D of Chapter VI of the SO 2 

### milestones and backstop trading program ] A2 of the implementation plan element. BB. "Program trigger years" means the years shown in Ta ble 3, column 3, [of the SO 2 

### milestones and backstop trading program ] under Part C of the implementation plan element for the applicable milestone if the WEB trading program is triggered as de scribed in [Chapter V(D) of the SO 2 

### milestones and backstop trading

program ] Section A of the implementation plan element. CC. "Renewable energy resource" means a resource that generates electricity by non-nuclear and non-fossil technologies that [results ] result in low or no air emissions. [The ] This 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 low-impact hydropower that [meets ] meetthe lowimpact 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.

20.11.46 NMAC 2

### DD. "Retired source" means a WEB source that has received a retired source exem ption as provided in Subsection E of 20.11.46.11 NMAC. Any retired source resuming operations under Subsection E of 20.11.46.11 NMAC, must submit its exemption as part of its registration materials.
EE. "Serial number" means, when referring to allowances, th e unique identification number assigned to each allowance by the tracking sy stems administrator, in accordance w ith Subsection B of 20.11.46.14 NMAC.
FF. "SO 2 

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



### . GG. ["SO 2 

### milestones and backstop trading program implementation plan element" means Section F of Chapter VI of the Section 309 R egional Haze State Implementation Plan Element: Albuquerque

Bernalillo County , New Mexico adopted by the AQCB on November 12, 2003. ] Reserved HH. "Special reserve compliance account" means an account established in the allowance tracking system under Subsection A of 20.11.46.15 NMAC for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance lim itation for emission units that are monitored for SO 2 

### in
accordance with Subsection B of 20.11.46.16 NMAC. [HH. ] II. "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. [II. ] JJ. "Submit" means sent to the appropriate author ity under the signature of the account representative. For purposes of determining when somethin g is submitted, an official U.S. postal service postmark, or equivalent electronic time stamp, shall establish the date of submittal. [JJ ] KK. "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. [KK. ] LL. "Tracking system administrator" means the person designated by the department as
the administrator of the allowance tracking system and the emission-tracking database. [LL. ] MM. "WEB source" means a stationary source that meets the applicability requirements of

20.11.46.11 NMAC. [MM. ] NN. "Western backstop sulfur dioxide (SO 2 

### ) trading program" or "WEB trading program" means all sections of 20.11.46 NMAC, but not Section 20.11.46.9 NMAC, triggered as a backstop in accordance with the provisions in the [SO 2 

### milestones and backstop trading program ] implementation plan element to ensure that regional SO 2 

### emissions are reduced. [20.11.46.7 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.8 VARIANCES: No variances will be granted from requirements of [this part ] 20.11.46 NMAC

. [20.11.46.8 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.9 EMISSION TRACKING REQUIR EMENTS FOR SULFUR DIOXIDE EMISSION
INVENTORIES: Beginning with the 2003 emission inventory, 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. A source that meets these criteria, and then emits less than 100 tons per year in a later year shall submit a sulfur dioxide in ventory for tracking compliance with the regional sulfur dioxide milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20.11.46.16 NMAC.
A. All sources meeting the criteria immediately abov e in 20.11.46.9 NMAC will be subject to the following federally enforceable provisions: (1) submit an annual inventory of sulfur dioxide emissions; (2) document the emissions monitoring/estimation methodology used, and demonstrate that the selected methodology is acceptable under the inventory program; (3) include emissions from start up, shut down, and upset conditions in the annual total inventory; (4) use 40 CFR Part 75 methodology for reporting emissions for all sources subject to the federal acid rain program; (5) maintain all records used in the calculation of the emissions, including but not limited to the following: (a) amount of fuel consumed; (b) percent sulfur content of fuel and how the content was determined; (c) quantity of product produced; (d) emissions monitoring data; (e) operating data; and

20.11.46 NMAC 3

### (f) how the emissions are calculated. (6) maintain records of any physical changes to f acility operations or equipment, or any other changes that may affect the emissions projections; and (7) retain records for a minimum of 10 years from the da te of establishment, or if the record was the basis for an adjustment to the milestone, five years after the date of an implementation plan revision, whichever is longer. B. Reporting requirements. (1) Except as provided in Paragraph (2) of Subsection B of 20.11.46.9 NMAC, the owner or operator shall submit the emission report by April 1 each year immediately followi ng the year for which the source is required to report emissions data. [(1 ) ] (2) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under 20.11.42 NMAC, Operating Permits , shall submit such report on the date specified in the permit. The department shall provide a copy of the previous emissions report upon request by the owner or operator of such source. C. Emissions report contents shall include: (1) the name, address, and physical lo cation 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 o fficial as defined in 20.11.42 NMAC attesting that the statements an d information contained in the emissions report are true and accurate to the best knowledge and belief of the certifying official, and in cluding the full name, title, signature, date of signature, and telephone number of the certifying official; for source s subject to 20.11.42 NMAC, the certification shall be made as required under 20.11.42 NMAC; (4) smelters shall submit an annual report of sulfur input, in tons/year; (5) for each emission point additional information may be required by the department: (a) stack and exhaust gas parameters; (b) type of control equipmen t and estimated control efficiency; (c) schedule of operation; (d) estimated actual emissions, including fugitive emissions and emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime, of sulfur oxides, in tons per year, and a description of the
methods utilized to make such es timates, including calculations; (e) the annual process or fuel combustion rates; and (f) the fuel heat, sulfur, and ash content.

D . The department shall retain emission inventory records for non-utilities for 1996 and 1998 until the year 2018 to ensure that changes in emis sions monitoring techniques can be tracked. [20.11.46.9 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.10 WEB TRADING PROGRAM TRIGGER:
A. Except as provided in Subsection B of 20.11.46.10 NMAC, Sections 20.11.46.11 NMAC through
20.11.46.22 NMAC shall become effectiv e on the program trigger date that is established in accordance with the procedures outlined in [the SO 2 

### milestones and backstop trading program ] Part C of the implementation plan
element.

B. 20.11.46.20 NMAC, Special Penalty Provisions for the Year 2018 Milestone , shall become effective on January 1, 2018 and shall remain effective until the provisions of 20.11.46.20 NMAC have been fully implemented. [20.11.46.10 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.11 WEB TRADING PROGRAM APPLICABILITY: A. General applicability: 20.11.46 NMAC applies to any stationary source or group of stationary
sources that are located on one or more contiguous or adjacent properties and which are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in Paragraphs (1) through (4) of Subsection B of [20.11.46.10 NMAC ] 20.11.46.11 NMAC . 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. B. The following are WEB sources.

20.11.46 NMAC 4

### (1) All BART-eligible sources as defined in 40 CFR 51.301 that are [BART

- eligible ] subject to

BART due to SO 2 

### emissions. (2) All stationary sources not meeting the criteria of Paragraph (1) of Subsection B of 20.11.46.11 NMAC, that have actual SO 2 

### emissions of 100 tons or more per year in the program trigger years or any subsequent year. The fugitive emissions of a stationary source shall not be considered in determining whether it is a WEB source unless the source belongs to one of the following categories of stationary source: (a) coal cleaning plants (with thermal dryers); (b) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters; (e) iron and steel mills; (f) primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable of charging more than 250 tons of refuse per day; (i) hydrofluoric, sulfuric, or nitric acid plants; (j) petroleum refineries; (k) lime plants; (l) phosphate rock processing plants; (m) coke oven batteries; (n) sulfur recovery plants; (o) carbon black pl ants (furnace process); (p) primary lead smelters; (q) fuel conversion plants; (r) sintering plants; (s) secondary metal production plants; (t) chemical process plants; (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (v) petroleum storage and transfer units with a total storage ca pacity exceed ing 300,000 barrels; (w) taconite ore processing plants; (x) glass fiber processing plants; (y) charcoal production plants; (z) fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (aa) any other stationary source category, which as of August 7, 1980 is being regulated under
Section 111 or 112 of the Clean Air Act. (3) A new source that begins operation after the program trigger date and has the potential to emit
100 tons or more of SO 2 

### per year. (4) The department may determine on a case-by-case basis, with concurrence from the EPA administrator, that a source defined in Paragraph (2) of Subsection B of 20.11.46.11 NMAC is not a WEB source if
the source: (a) in each of the previous five years had actual SO 2 

### emissions of less than 100 tons per year,
and (b) had actual SO 2 

### emissions of 100 tons or more in a single year due to a temporary emission increase that was caused by a sudden, in frequent, and not reasonably preventable failure of air pollution control equipment, failure of process equipment, or a failure to operate in a normal or usual manner; (c) took timely and reasonable action to minimize the temporary emission increase; and (d) has corrected the failure of air pollution control equipment, process equipment, or process by the time of the department’s determination under 20.11.46.11 NMAC; or (e) had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusual circumstances besides cost of such fuels or feedstocks. (5) A temporary emission increase due to poor ma intenance or careless opera tion does not meet the criteria of [this section ] 20.11.46.11 NMAC

. C. Duration of program participation: Except as provided for in Subsection D of 20.11.46.11 NMAC, once a source is subject to the WEB trading program, it will remain in the program every year thereafter.

20.11.46 NMAC 5

### D. Application for retired source exemption: (1) Any WEB source that is retired shall apply for a retired source exemp tion. The WEB source may only be considered retired if all SO 2 

### emitting units at the source are retired. The application shall contain the following information: (a) identification of the WEB source, including plant name and an appropriate identification code in a format specified by the department; (b) name of account representative; (c) description of the status of the WEB source, including the date that the WEB source was retired; (d) signed certification that the WEB source is retired and will comply with the requirements of Subsection D of 20.11.46.11 NMAC; and (e) verification that the WEB source has a ge neral account where any unused allowances or
future allocations will be recorded. (2) Responsibilities of retired sources: The retired source exempti on becomes effective when the department notifies the source that the retired source exemption has been granted. (3) A retired source shall be exempt from 20 .11.46.16 NMAC and 20.11.46.19 NMAC, except as provided below. (a) A retired source shall not emit any SO 2 

### after the date the retired source exemption is
effective. (b) A WEB source shall submit SO 2 

### emissions reports, as required by Subsection O of 20.11.46.16 NMAC for any time period the source was opera ting prior to the effective date of the retired source exemption. The retired source shall be subject to the compliance provisions of 20.11.46.19 NMAC, including the requirement to hold allowances in the so urce's compliance account to cover all SO 2 

### emissions prior to the date the source was permanently retired. (c) A retired source that is still in existence but no longer emitting SO 2 

### shall, for a period of five years from the date the records are created, retain records demonstrating th e effective date of the retired source exemption for purposes of [this part ] 20.11.46 NMAC

. (4) Resumption of operations. (a) Should a retired source desire to resu me operation, the retired source shall submit registration materials as follows: (i) if the source is required to obtain a new source review permit or operating permit under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC prior to resuming operation, then the source shall submit registration information as described in 20.11.46.13 NMAC and a copy of the retired source exemption with the application required under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC; (ii) if the source is not required to obtain a new source review permit or operating permit under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC prior to resuming operation, then the source shall submit registration information as described in Subsection A of 20.11.46.13 NMAC and a copy of the retired source exemption to th e department at least [ninety ] 90 days prior to resumption of operation. (b) The retired source exemption shall auto matically expire on the day the source resumes operation. (5) Loss of future allowances: A WEB source that is retired and that does not apply to the department for a retired source exemption within 90 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. [20.11.46.11 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.12 ACCOUNT REPRESENTATIVE FOR WEB SOURCES : Each WEB source must identify one account representative and may also identify an altern ate account representative who may act on behalf of the account representative. Any representation, action, in action or submission by the a lternate account representative will be deemed to be a representation, action, in action or submission by the account representative.
A. Identification and certificatio n of an account representative. (1) The account representative and any alternate account representative shall be appointed by an written agreement that makes the repres entations, actions, inactions or submi ssions of the account representative and any alternate account representative binding on the owne rs and operators of the WEB source. A copy of the agreement shall be provided to the department.

20.11.46 NMAC 6

### (2) The account representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation (certificate) that contains the following elements: (a) identification of the WEB source by plant name, state, and an appropriate identification code in a format specified by the department; (b) the name, address, e-mail (if availabl e), telephone and facsim ile number of the account representative and any alternate; (c) a list of owners and operators of the WEB source; (d) information to be part of the emission tracking system database in accordance with [the SO 2 

### milestones and backstop trading program ] Part C of the implementation plan element; a nd the specific data elements shall be as specified by the department 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 si milar general facility information; and (e) the following certification statement: “I certify that I was selected as the account representative or alternate account representative, as ap plicable, 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, acti ons, inactions, or su bmissions and by any decision or order issued to me by the department regarding the WEB trading program.” (3) Upon receipt by the department of the co mplete certificate, the accou nt representative and any alternate account representative represen ts 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. The owners and operators shall be bound by any decision or order issued by the department regarding the WEB trading program. (4) No WEB allowance tracking system account shall be established for the WEB source until the tracking system administrator has recei ved a complete certificate. Once the account is established, the account representative shall make all submissions concerning the acco unt, including the deduction or transfer of allowances. B. Requirements and responsibilities. (1) The responsibilities of the acco unt representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO 2 

### emissions data and compliance reports as required by 20.11.46 NMAC, and representing the source in all matters pertaining to the WEB trading program. (2) Each submission under this program shall be signed and certified by the account representative
for the WEB source. Each submission shall include the fo llowing truth and accuracy certification statement by the account representative: “I am authorized to make this submission on beha lf 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 an d information or omitting required statements and information, including the possibility of fine or imprisonment.” C. Changing the acco unt representative or owners and operators. (1) Changes to th e 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 department and the tracking system administrator under Paragraph (3) of Subsection A of 20.11.46.12 NMAC, with the change taking effect upon receipt of such certificate by the department. 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 ne w account representative and the owners and operators of the WEB source. (2) Changes in owners and operators. (a) Within 30 days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the account repres entative shall submit a revise d certificate amending the list of owners and operators to include such change. (b) 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, ac tions, inactions, and submissions of the account representative of the WEB

20.11.46 NMAC 7

### source, and the decisions, orders, actions, and inactions of the department as if the new owner or operator were
included in such list. [20.11.46.12 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.14 ALLOWANCE ALLOCATIONS:
A. The tracking system administrator shall record the allowances for each WEB source in the compliance account for a WEB source on ce the allowances are allocated by th e department under Section [F1 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element. If applicable, the tracking system administrator shall also record a portion of the SO 2 

### allowances in a WEB source’s special reserve compliance account for any allowances held in accordance with Subsection B of 20.11.46.16

NMAC. Under no circumstances shall allocations be made that would exceed the allocations available.

B. The tracking system administrator shall assign a serial number to each allowance in accordance with Section [F2 of the SO 2 

### milestones and backstop trading program ] C1.2 of the implementation plan element.
C. All allowances shall be allocated, recorded, tr ansferred, 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.

D. An allowance is not a property right, and is a limited authorization to emit one ton of SO 2 

### valid only for the purpose of meeting the requirements of 20.11.46 NMAC. No provision of this WEB trading program or other law should be construed to limit the authority of the United States or the department to terminate or limit such
authorization. E. Early reduction bonus allocation: Any WEB source that, between [2003 ] 2008 and the program trigger year, reduces permitted annual SO 2 

### emissions to a level that is below the floor level allocation established for that source in Section [F1 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element may apply to the department fo r an early reduction bonus allocation. The application shall be submitted no later than 90 days after the program trigger date. Any WEB source that applies and receives early reduction bonus allocations shall retain the records referenced below for a minimum of five years after the early reduction bonus allowance is certified in accordance with Section [F1(d) of Chapte r VI of the SO 2 

### milestones and backstop trading program ] C1.1(a)(3) of the implementation plan element. The application for an early reduction bonus allocation shall contain the following information: (1) copies of all permits or other enforceable documents that include annual SO 2 

### emissions limits for the WEB source during the period the WEB source was generating the early reductions; and such permits or enforceable documents shall require monitoring for SO 2 

### emissions that meets the requirements in Subsection A and Subsection C of 20.11.46.16 NMAC and monitoring provisions that were in effect one year prior to the beginning of the credit generating period; (2) copies of emissions monitoring reports, for one year prior to the beginning of the credit generating period and for the period the WEB source was generating the early reductions, that document the actual annual SO 2 

### emissions; and the emissions monitoring reports during the credit generating period must demonstrate that the actual
annual SO 2 

### emissions were below the floor level allocation estab lished for that source in Section F1 [of Chapter VI
of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element; (3) demonstration that the floor level established for the source in accordance with Section [F1 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element was calculated using data that are consistent with the new monitoring methodology under Subsection A of 20.11.46.16 NMAC; and if new monitoring techniques change the floo r level for the source, then a demonstration of the new floor level based on new monitoring techniques shall be included in the application. F. Request for allowances for new WEB sources or modified WEB sources. (1) A new WEB source or an existing WEB sour ce that has increased produ ction capacity through a permitted change in operations under 20.11.41 NMAC, 20.11.60 NMAC or 20.11.61 NMAC may apply to the department for an allocation from the new source set-as ide, as outlined in Section [F3 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1.3 of the implementation plan element. Under no circumstances shall
allocations be made that would exceed the allocations available. (a) A new WEB source is eligible to apply for an annual allocation equal to the permitted
annual SO 2 

### emission limit for that source afte r the source has commenced operation. (b) An existing WEB source is eligible to apply for an annual allocation equal to the permitted
annual SO 2 

### emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity fo r that source as of January 1, [2003 ] 2008

.

20.11.46 NMAC 8

### (c) A source that has received a retired source exemption under Subsection D of 20.11.46.11 NMAC is not eligible to apply for an allocation from the new source set-aside. (2) The application for an allocation from th e new source set-aside sha ll contain the following
information: (a) for existing WEB sources, documentation that shows the permitted production capacity of the source before and after the new permit; (b) for new WEB sources, documentation of the actual date of the commencement of operation and a copy of the permit. [20.11.46.14 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.15 ESTABLISHMENT OF ACCOUNTS: A. Allowance tracking system accounts: All WEB sources shall open a compliance account. Any person may open a general account for holding and transfer ring allowances. In addition, if a WEB source conducts monitoring under Subsection B of 20.11.46.16 NMAC, th e WEB source shall open a special reserve compliance
account for allowances associated with units monitored under those provis ions. The WEB source and account representative shall have no rights to transfer allowances in or out of such special rese rve compliance account. The department shall allocate allowances to the account in accordance with Paragraph (5) of Subsection B of 20.11.46.16 NMAC and all such allowances for each control period sh all be retired each year to comply with 20.11.46.19

NMAC. Under no circumstances shall allocations be made that would exceed the allocations available. To open either type of account, an application that contains the following information shall be submitted: (1) the name, mailing address, e-mail address, telephone number, and facsimile number of the account representative; fo r a compliance account, include a copy of the account certificate of representation of the account representative and any alternate as required in Paragraph (2) of Subsection A of 20.11.46.12 NMAC; and for a general account, include the account certificate of representation of the account representative and any alternate as required in Paragraph (2) of Subsection C of 20.11.46.15 NMAC; (2) the WEB source or organization name; (3) the type of account to be opened; and (4) a signed certification of truth and accuracy by the account representative according to Paragraph (2) of Subsection A of 20.1 1.46.12 NMAC and for compliance accounts an d for general accounts, a certification of truth and accuracy by the account representative according to Subsection D of 20.11.46.15 NMAC. B. Account representativ e for general accounts: For a general account, one account representative shall be identified and an alternate account representativ e may be identified and may act on behalf of the account representative. Any representation, act ion, inaction or submission by the a lternate account representative shall be deemed to be a representation, action, inaction or submission by the account representative.
C. Identification and certification of an ac count representative for general accounts. (1) The account representative and any alternat e account representative shall be appointed by a written agreement that makes the repres entations, actions, inactions or submi ssions of the account representative and any alternate account representative bi nding on all persons who have an ownership interest with respect to allowances held in the general account. A copy of the signed agreement sh all be provided to the department. (2) The account representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation (certificate) that contains the following elements: (a) the name, address, e-mail (if availabl e), telephone and facsim ile number of the account representative and any alternate; (b) the organization name; (c) the following certification statement: “I certify that I was selected as the account representative or alternate account representative, as app licable, by an agreement binding on all persons who have an ownership interest in allowances in the general account with regard to ma tters 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 issued to me by the department regarding the general

account.” (3) Upon receipt by the department of the comp lete 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 acc ount with regard to all matters concerning the general account. Such persons shall be bound by any decision or or der issued by the department.

20.11.46 NMAC 9

### (4) 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. D. Requirements and responsibilities: Each submission for the general account shall be signed and certified by the account representative for the general accoun t. Each submission shall include the following truth and accuracy certification statement by the account representative: “I am au thorized to make this submission on behalf of all [person ] persons 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. Ba sed on my inquiry of thos e 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 statem ents and information, including the possibility of fine or imprisonment.” E. Changing the a ccount representative: The account representative or alternate account representative may be changed at any time by sending a comp lete superseding certificate to the department and the tracking system administrator under Paragraph (2) of Subsection C of 20.11.46.15 NMAC, with the change taking effect upon receipt of such certificate by the department. 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 department receives the superseding certificate sh all be binding on the new account representative and all persons having ownership interest with respect to allowances held in the general account. F. Changes to the account: Any change to the information required in the application for an existing account under Subsection A of 20.11.46.15 NMAC shall require a revision of the application. [20.11.46.15 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.16 MONITORING, RECORD KEEPING AND REPORTING - GENERAL REQUIREMENTS
FOR MONITORING METHODS:
A. For each SO 2 

### emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO 2 

### mass emissions: (1) if a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB trading program, the unit shall meet the requirem ents contained in 40 CFR Part 75 with respect to monitoring, recording and reporting SO 2 

### mass emissions; (2) if a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB trading program, a unit shall use one of the following monitoring methods, as applicable: (a) a continuous emission monitoring system (CEMS) for SO 2 

### and flow that complies with all applicable monitoring 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 SO 2 

### mass emissions only) of [Section ] 40 CFR 75.19 [of 40 CFR Part 75 ]; (c) one of the optional WEB protocols, if applicable, in 20.11.46.21 NMAC or 20.11.46.22 NMAC; or (d) a petition for site-specific monitoring that the source submits for approval by the department and approval by the EPA in accordance with Paragraph (5) of Subsection O of 20.11.46.16 NMAC; (3) a permanently retired unit shall not be required to monitor under Section 20.11.46.15 NMAC if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements Paragraph (3) of Subsection A of 20.1 1.46.16, and the account representativ e certifies in accordance with Subsection B of 20.11.46.19 NMAC that these conditions were met; and in the event that a permanently retired unit recommences operation, the WEB source shall meet the requi rements of 20.11.46.16 NMAC in the same manner as
if the unit was a new unit.

B. Notwithstanding Subsection A of 20.11.46.16 NMAC, the WEB source with a unit that meets one of the conditions of Paragraph (1) of Subsection B of 20.11.46.16 NMAC may elect to have the provisions of Paragraph (1) of Subsection B of 20.11.46.16 NMAC apply to that unit. (1) Any of the following units may implement Subsection B of 20.11.46.16 NMAC: (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 flar es are used as a fuel gas combustion device at a petroleum refinery;

20.11.46 NMAC 10

### (c) any other type of unit without add-on SO 2 

### control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section [F1 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element. (2) For each unit covered by Subsection B of 20.11.46.16 NMAC, the account representative shall submit a notice to request that Subsection B of 20.11.46.16 NMAC applies to one or more SO 2 

### emitting units at a
WEB source. The notice shall be submi tted in accordance with th e compliance dates specified in Paragraph (1) of Subsection M of 20.11.46.16 NMAC, and shall include the following information (in a format specified by the department with such additional, related information as may be requested): (a) a notice of all units at the applicable sour ce, specifying which of the units are to be covered by Subsection B of 20.11.46.16 NMAC; and (b) consistent with the emission estimation methodology used to determine the floor level (and reducible allocation) for the source in accordance with Section [F1 of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 of the implementation plan element, the portion of the WEB source's overall
allowance allocation that is attributable to any unit(s) covered by Paragraph (2) of Subsection B of 20.11.46.16; 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 WEB source seeks to comply with
this Subsection B of 20.11.46.16 NMAC , and for which the account representa tive applies for an allocation under the new source set-aside provisions of Subsection F of 20.11.46.14 NMAC, the account representative shall submit a modified notice under Paragraph (2) of Subsection B of 20.11.46.16 NMAC, that includes such new SO 2 

### emitting unit(s). The modified notice shall be submitted in ac cordance with the compliance dates in Paragraph (1) of Subsection M of 20.11.46.16 NMAC, but no later than the date on which a request must be submitted under Paragraph (1) of Subsection F of 20.11.46.14 NMAC for allocations from the set-aside. (4) The department shall evaluate the information submitted by the WEB source in Paragraphs (2) and (3) of Subsection B of 20.11.46.16 NMAC, and may issue a notice to the source to excl ude any units that do not qualify under this Subsection B of 20.11.46.16 NMAC 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) The department shall allocate allowances equal to the adjusted portion of the WEB source's allowances under Paragraphs (2), (3), and (4) of Subsection B of 20.11.46.16 NMAC in a special reserve compliance account pr ovided that no such treatment of the WEB source's allocatio n will be required for any unit that is permanently retired and had no emissions for the entire period for which the WEB source implements
Subsection B of 20.11.46.16 NMAC and the account representative certifies in accordance with 20.11.46.19 NMAC that these conditions are met. In the event that a perm anently retired unit recommences operatio n, the WEB source shall meet the requirements of Section 20.11.46.16 NMAC in the same manner as if the unit was a new unit. (6) For each unit under this Subsection B of 20.11.46.16 NMAC, the acco unt representative for a
WEB source shall submit an annual emissions statement in accordance with Subsection O of 20.11.46.16 NMAC. 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 unde r Paragraph (5) of Subsection B of 20.11.46.16 NMAC for the WEB source, the account representative shall report the excess amount as part of the annual report for the WEB source under 20.11.46.19 NMAC and the WEB source shall use other allowances in the standard compliance account for the WEB source to acco unt for such emissions, in accordance with 20.11.46.19

NMAC. (7) The remaining provisions of 20.11.46.16 NMAC shall not apply to units covered by Subsection B of 20.11.46.16 NMAC except where otherwise noted. (8) A WEB source may opt to modify the monitoring for an SO 2 

### emitting unit to use monitoring under Subsection A of 20.11.46.16 NMAC, but any such monitoring change shall take effect on January 1 of the next compliance year. In addition, the account representative shall 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 Subsection D of 20.11.46.16 NMAC. The account representative shall also submit a revised notice under Subsection B of 20.11.46.16 NMAC at the same time that the initial monitoring plan is submitted.
C. For any monitoring that the WEB source uses under 20.11.46.16 NMAC (including Paragraph B
of Section 20.11.46 .16 NMAC), the WEB source (and, as applicable, the account representativ e) shall implement, certify, and use such monitoring in acc ordance with 20.11.46.16 NMAC, and shall record and report the data from

20.11.46 NMAC 11

### such monitoring as required in 20.11.46.16 NMAC. In addition, the WEB source (and, as applicable, the account representative) shall not: (1) except for an alternative approved by the EPA administrator for a WEB source that implements monitoring under Paragraph (1) of Subsection A of 20.11.46.16 NMAC, 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 Paragr aph (5) of Subsection O of 20.11.46.16 NMAC; (2) operate an SO 2 

### emitting unit so as to discharge, or allow to be discharged, SO 2 

### emissions to the atmosphere without accounting for thes e emissions in accordance with the a pplicable provisions of 20.11.46.16 NMAC; (3) disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO 2 

### mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is pe rformed in accordance with the applicable provisions of 20.11.46.16 NMAC; 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 20.11.46.16 NMAC, including retirement of a unit as addressed in Paragraph (3) of Subsection A of 20.11.46.16 NMAC; (b) the WEB source is monitoring emissions from the unit with another certified monitoring method approved under 20.11.46.16 NMAC 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 notifica tion of the date of certification testing of a replacement monitoring system in accord ance with 20.11.46 .16 NMAC, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable pr ovisions of 20.11.46.16 NMAC. D. Monitoring plan general provisions: The [WEB source ] owner or operator of an SO 2 

### emitting unit that uses a monitoring method under Paragraph (2) of Subsection A of 20.11.46.16 NMAC shall meet the following requirements: (1) prepare and submit to the department an in itial monitoring plan for each monitoring method that the WEB source uses to comply with 20.11.46.16 NMAC; and in accordance with Subsection F of 20.11.46.16 NMAC, 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 SO 2 

### emissions are monitored an d reported; and the plan shall be submitted in accordance with the compliance de adlines specified in Subsection M of 20.11.46.16 NMAC; (2) prepare, maintain and submit to the department a detailed monitoring plan prior to the first day of certification testing in accordance with the compliance de adline specified in Subsection M of 20.11.46.16 NMAC; the plan shall contain the applicable information required by Subsection D of 20.11.46.16 NMAC; the department may require that the monitoring plan (or portions thereof) be submitted electronically; and the department also may require that the plan be submitted on an ongoing basis in el ectronic format as part of the quarterly report submitted under Paragraph (1) of Subsection O of 20.11.46.16 NMAC or resubmitted separately after any change is made to the plan in accordance with the following Paragraph (3) of Subsection D of 20.11.46.16 NMAC; (3) whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Paragraph (2) of Subsection A of 20.11.46.16 NMAC, 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 WEB source shall update the monitoring plan [in accordance w ith the compliance deadline specified in Subsection M of

20.11.46.16 NMAC ] within 90 days of the replacement, modification, or change

. E. A WEB source with an SO 2 

### emitting unit that uses a method under Paragraph (1) of Subsection A of 20.11.46.16 NMAC (a unit subject to 40 CFR Part 75 under a program other than this WEB trading program) shall meet the requirements of Subsection D through Subsection I of 20.11.46.16 NMAC by preparing, maintaining and submitting a monitoring plan in ac cordance with the requirements of 40 CFR Part 75, provided that the WEB source also shall submit the entire monitoring plan to the department upon request. F. Initial monitoring plan: The account representative shall s ubmit an initial monitoring plan for
each SO 2 

### emitting unit (or group of units sharing a common method ology) that, except as otherwise specified in an applicable provision in 20.11.46.21 NMAC , contains the follo wing information: (1) for all SO 2 

### emitting units involved in the monitoring plan: (a) plant name and location; (b) plant and unit identification numbers assigned by the department; (c) type of unit (or units for a group of units using a common monitoring methodology);

20.11.46 NMAC 12

### (d) identification of all stacks or pi pes associated with the monitoring plan; (e) types of fuel(s) fired (or sulfur containing process materials used in the SO 2 

### emitting unit), and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology; (f) type(s) of emissions controls for SO 2 

### installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process; (g) maximum hourly heat input 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; (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 assuranc e procedures; and if the proposed methodology is a sitespecific methodology submitted pursuant to Subparagraph (d) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC, the description under Paragraph (2) of Subsection D of 20.11.46.16 NMAC shall describe fully all aspects of the monitoring equipment, installation locations, oper ating characteristics, certifica tion 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 20.11.46.16 NMAC, such petition may be submitted as part of the initial monitoring plan; (4) the department 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 20.11.46.16 NMAC. G. Detailed monitoring plan: The account representative shall submit a detailed monitoring plan that, except as otherwise specif ied in an applicable [provisions ] provision in 20.11.46.21 NMAC or 20.11.46.22 NMAC, shall contain the following information: (1) identification and description of each mon itoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO 2 

### pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, 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 me thod 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 (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 em ission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and (b) software components (provide the iden tification 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 shall 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; and 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 ] 40 CFR 75.19(c) [of 40
CFR Part 75 ] is not required to report such formulas; (4) inside cross-sectional area (square feet) at fl ow monitoring location (for units with flow monitors, only); (5) if using CEMS for SO 2 

### and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable, and method of calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily calibration units of measure, span eff ective date and hour, span inactivation date and hour, indication of whether

20.11.46 NMAC 13

### 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 (scf h) for each unit or stack using SO 2 

### or flow component monitors; (6) if the monitoring system or excepted methodology provides for use of a constant, assumed, or default value for a parameter under specific circumstances, then the following informat ion for each value of such parameter shall be included: (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 lo nger effective (if applicable); and (i) for units using the excepted methodology under [Section ] 40 CFR 75.19 [of 40 CFR Part

75 ], the applicable SO 2 

### emission factor; (7) unless otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or
common stack on which hardware CEMS are installed: (a) the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.1 of Appendix A to 40 CFR Part 75), or thousands 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 pounds per hour lb/hr of steam, or feet per second ft/sec (as applicable); (c) the two load or operating levels (i.e., lo w, 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 de termine 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 no rmal load or operating level(s) change and are updated; (8) for each unit that is complying with 40 CFR Pa rt 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 thousands 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 relativ e accuracy test audit; other relevant test information; calibration gas levels (percent of span) for the calibration error test and linear ity 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 ] 40 CFR 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 dr awings and any other documentation th at demonstrates each monitor location meets the appropriate siting criteria; and for units monitore d 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 (1) and (3) of Subsection G of 20.11.46.16 NMAC; the schematic diagram must depict the height of any monitor locations; and 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 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.

H. In addition to supplying the information in Subsections F and G of 20.11.46.16 NMAC above, the
WEB source with an SO 2 

### emitting unit using either of the methodologies in Subparagraph (b) of Paragraph (2) of

20.11.46 NMAC 14

### Subsection A of 20.11.46.16 NMAC shall include the following information in its monitoring plan for the specific
situations described: (1) for each gas-fired or oil-fired SO 2 

### emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CFR Part 75 for SO 2 

### mass emissions, the WEB source shall include the following information in the 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 diag ram must depict the insta llation location of each fuel flowmeter and the fuel sampling location(s); and comprehensive and separate schematic diagrams shall be used to describe groups of units using a common pipe; (h) for units using the optional default SO 2 

### emission rate for "pipeline natural gas" or "natural gas" in Appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either Section 2.3.1.4 or 2.3.2.4 of Appendix D to 40 CFR Part 75; (i) for units using the 720 hour test under Section 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirements, report the procedures and results of the test; and (j) for units using the 720 hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test; (2) for each SO 2 

### emitting unit for which the WEB source uses the low mass emission excepted methodology of [section ] 40 CFR 75.19 [of 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 ]
40 CFR 75.19(c) [of 40 CFR Part 75 ]; this report shall include either the previous three years actual or projected emissions; and the following items shall be included: a) current calendar year of application; b) type of qualification; c) years one, two, and three; d) annual measured, estimated or projected SO 2 

### mass emissions for years one, two, and three; and e) annual operatin g 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); and 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 ] 40 CFR 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 ] or fuel oil and a list of the fuels
that are burned or a statement that the unit is projected to bu rn only gaseous fuel(s) [and/or ] or fuel oil and a list of the fuels that are proj ected to be burned; (e) a statement that the unit meets the applicability requirements in [Sections ] 40 CFR 75.19(a) and (b) [of 40 CFR Part 75 ] with respect to SO 2 

### emissions; and (f) any unit historical actual, estimated and projected SO 2 

### emissions data and calculated SO 2 

### emissions data demonstrating that the unit qualifies as a low mass emissions unit under [Sections ] 40 CFR 75.19(a) and (b) [of 40 CFR Part 75 ]. (3) for each gas-fired unit the WEB source shall incl ude the following in the monitoring plan: current calendar year, fuel usage data as specified in the definition of gas-fired in [Section ] 40 CFR 72.2 [of 40 CFR Part

72 ], and an indication of whether the data are actual or projected data.

I. The specific elements of a monitoring plan under Subsection D of 20.11.46.16 NMAC shall not be part of an operating permit for a WEB source issued in accordance with the Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.
J. Certification and recertification: (1) All monitoring systems are subject to initial certification and recer tification testing as specified in 40 CFR Part 75, 20.11.46.21 NMAC or; 20.11.46.22 NMAC. Certification or recertification of a monitoring system

20.11.46 NMAC 15

### by the EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from 20.11.46 NMAC shall constitute certification under the WEB Trading Program. (2) The WEB source with an SO 2 

### emitting unit not otherwise subject to 40 CFR Part 75 that monitors

SO 2 

### mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of 20.11.46.16 NMAC shall perform all of the tests required by that regulation and shall submit the following: (a) a test notice, not later than 21 days before the certification testing of the monitoring system, provided that the department may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under Subsection F of 20.11.46.16 NMAC; (b) an initial certification application w ithin 45 days after testing is complete; (c) a monitoring system shall be considered pr ovisionally certified while the application is pending, and the system shall be deemed certified if the department does not approve or disapprove the system within six months after the date on which the application is submitted; (d) both at the time of the initial certification or recertification applica tion submission and at the time of the audit, if an audit of any monitoring certified under 20.11.46 NMAC, and a review of the initial certification or recertification applicatio n, reveal that any system or compone nt should not have been certified or recertified because it did not meet a pa rticular performance specification or other requirement of 20.11.46 NMAC, the department will issue a notice of di sapproval of the certification status of such system or component; for the purposes of Paragraph (2) of Subsection J of 20.11.46.16 NM AC, an audit shall be either a field audit of the facility or an audit of any information submitted to the department regarding the facility; by issuing the notice of disapproval, the certification status is revoked prospectiv ely, and the data measured and recorded shall not be considered valid quality-assured data from the date of issu ance of the notification of the revoked certification status until the date and time that the WEB source completes subs equently approved initial certif ication or recertification tests in accordance with the procedures in Subsection J of 20.11.46.16 NMAC ; and the WEB source shall apply the substitute data procedures in Subsectio n L of 20.11.46.16 NMAC to replace, prospectively, all of the invalid, nonquality-assured data for each disa pproved system or component. K. Ongoing quality assurance and quality control: The WEB source shall satisfy the applicable quality assurance and quality control requirements of 40 CF R Part 75 or, if the WEB source is subject to a WEB protocol in 20.11.46.21 NMAC, the applicable quality assurance and quality control requirements in 20.11.46.21 NMAC on and after the date that certification testing commences. L. Substitute data procedures: (1) For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring syst em certified and operating in accordan ce with 20.11.46 NMAC, missing or invalid data shall be replaced with substitute data in a ccordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, with substitute data in accordance with

20.11.46.21 NMAC. (2) For an SO 2 

### emitting unit that does not have a certif ied 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: (a) if the WEB Source will use a CEMS to comply with 20.11.46.16 NMAC, substitute the maximum potential concentration of SO 2 

### for the unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75; and th e procedures for conditional data valid ation under Section 75.20(b)(3) may be used for any monitoring system under 20.11.46 NMAC that uses these 40 CFR Part 75 procedures, as applicable; (b) 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; (c) if the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units,
substitute the SO 2 

### emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or (d) if using a protocol in 20.11.46.21 NMAC or 20.11.46.22 NMAC, follow the procedures in the applicable protocol. M. Compliance deadline: (1) The initial monitoring plan shall be submitted by the following dates: (a) 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;

20.11.46 NMAC 16

### (b) 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; (c) for any new WEB source, the monitoring plan shall be included with the permit application under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC. (2) A detailed monitoring plan under Subsection E of 20.11.46.16 NMAC shall be submitted no later than 45 days prior to commencing certification as required by Paragraph (3) of Subsection M of 20.11.46.16

NMAC. (3) Emission monitoring systems shall be installed, operational and shall have met all of the certification testing requirements of this 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC or 20.11.46.22 NMAC ) by the following dates: (a) 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 20.11.46.19 NMAC; (b) for any existing source that becomes a WE B source after the program trigger date, one year after the due date for the monitoring plan under Subparagraph (b) of Paragraph (2) of Subsection M of 20.11.46.16 NMAC; (c) for any new WEB source, or any new unit at a WEB source under Subparagraph (a) or (b) of Paragraph (3) of Subsection M of 20.11.46.16 NMAC, the earlier of 90 unit operating days or 180 calendar days
after the date the new so urce commences operation. (4) The WEB source shall submit test notices and cer tification applications in accordance with the deadlines set forth in Paragraph (2) of Subsection J of 20.11.46.16 NMAC. (5) For each applicable control period, the WEB source shall submit each quarterly report under Subsection O of 20.11.46.16 NMAC by no later than 30 days after the end of each calendar quarter and shall submit the annual report under Subsection O of 20.11.46.16 NMAC no later than 60 days after the end of each calendar

year. N. Record keeping: (1) [Except as provided in Paragraph (2) of Sub section N of 20.11.46.106 NMAC ,] The WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under 20.11.46 NMAC for a period of five years. In addition, the WEB source shall keep a copy of all account certificates of represen tation for the duration of this program. Unless otherwise requested by the WEB source and approved by the department, the copies shall be kept on site at the

source. (2) The WEB source shall keep records of a ll operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO 2 

### , stack flow, fuel flow, or othe r continuous measurements, as applicable, and any other applicable data elements specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 20.11.46.22 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any

SO 2 

### emitting unit that uses a 40 CFR Part 75 monitoring method to meet the requirements of 20.11.46.16 NMAC. O. Reporting. (1) Quarterly reports. For each SO 2 

### emitting unit, the account representative shall submit a quarterly report within 30 da ys after the end of each calendar quarter. The report shall be in a format specified by the department to include hourly and quality assurance activity information and shall be submitted in a manner compatible with the emissions tracking database design ed for the WEB trading program. If the WEB source submits a quarterly report under 40 CFR Part 75 to the EPA administrator, no additional report under Paragraph (1) of Subsection O of 20.11.46.16 NMAC shall be required, provided, however, that the department may require that a copy of that report (or a separate stat ement of quarterly an d cumulative annual SO 2 

### mass emissions) be submitted separately to the department. (2) Annual report. Based on the quarterly reports, each WEB source shall submit an annual
statement of total annual SO 2 

### emissions for all SO 2 

### emitting units at the source. The annual report shall identify the
total emissions for all units monitored in accordance with Subsection A of 20.11.46.16 NMAC and the total
emissions for all units with emissions estimated in a ccordance with Subsection B of 20.11.46.16 NMAC. The annual report shall be submitted within 60 days after the end of a control period. (3) If the department so directs, any monito ring plan, report, certifica tion, recertification, or emissions data required to be submitted under 20.11.46.16 NMAC shall be submitted to the tracking system
administrator.

20.11.46 NMAC 17

### (4) The department may review and reject any report submitted under Subsection O of 20.11.46.16 NMAC that contains errors or fails to satisfy the requ irements of 20.11.46.16 NMAC, and the account representative shall resubmit the report to correct any deficiencies. (5) A WEB source may petition for an alternativ e to any requirement specified in Paragraph (2) of Subsection A of 20.11.46.16 NMAC. The petition shall require approval of the department and the EPA administrator. Any petition submitted under Paragraph (5 ) of Subsection O of 20.11.46.16 NMAC 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 SO 2 

### 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; (d) a demonstration that the proposed altern ative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of 20.11.46 NMAC and that any adverse effect of approving such alternative will be de minimis; and (e) any other relevant information that the department may require. (6) For any monitoring plans, reports, or ot her information submitted under 20.11.46.16 NMAC, the WEB source shall ensure that, where applicable, identif ying information is consistent with the identifying information provided in the most recent certificate of representation for the WE B source submitted under

20.11.46.12 NMAC. [20.11.46.16 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.18 USE OF ALLOWANCES FROM A PREVIOUS YEAR:
A. Any allowance that is held in a compliance account or general account shall remain in such an
account unless and until the allowance is deducted in conjunction with the compliance process, or transferred to
another account.

B. In order to demonstrate compliance under Subsection A of 20.11.46.19 NMAC for a control period, WEB sources shall only use allowances allocated fo r that current control period or any previous year. Because all allowances held in a special reserve complian ce account for a WEB source that monitors certain units in
accordance with Subsection B of 20.11. 46.16 NMAC will be deducted for comp liance for each control period, no banking of such allowances for use in a subsequent year is permitted by 20.11.46 NMAC.
C. If flow control procedures for th e current control period have been triggered as outlined in Section [F(9)(b) of Chapter VI of the SO 2 

### milestones and backstop trading program ] C4.2 of the implementation plan element, then the use of allowances that were allocated for any previous year shall be limited as follows: (1) the number of allowances that are held in each compliance account and general account as of the
allowance transfer deadline for the immedi ately previous year and that were allo cated for any previous year shall be determined; (2) the number determined in Paragraph (1) of Subsection C of 20.11.46.18 NMAC shall be multiplied by the flow control ratio establishe d in accordance with Sec tion [F(9)(b) of the SO 2 

### milestones and backstop trading program ] C4.2 of the implementation plan element to dete rmine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period; (3) allowances that were allocated for a prev ious year in excess of the number determined in Paragraph (2) of Subsection C of 20.11.46.18 NMAC may also be used for the current control period; and if such allowances are used to make a deduction, two allowances shall be deducted for each deduction of one allowance required under 20.11.46.19 NMAC.

D. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has
been determined in accordance with Su bsection A of 20.11.46.19 NMAC, allowanc es allocated for any year prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or any future allowance
limitation. [20.11.46.18 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.19 COMPLIANCE : A. Compliance with allowance limitations: (1) In accordance with [Paragraph (2) ] Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and 20.11.46.18 NMAC, the WEB source sh all hold allowances, 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 ] source’s

20.11.46 NMAC 18

### special reserve compliance account under Subsection B of 20.11.46.16 NMAC) in an amount not less than the total

SO 2 

### emissions for the control period from the WEB source, as determined under the monitoring and reporting requirements of 20.11.46.16 NMAC. (a) 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 y ears following the calendar year for which SO 2 

### emissions exceeded the
milestone in accordance with procedures in [Section ] Part A of the [SO 2 

### milestones and backstop trading program ] implementation plan element. (b) For any existing source that becomes a WE B source after the program trigger date, the first control period is the calendar year that is four years following the inventor y year in which th e source exceeded the

SO 2 

### emissions threshold. (c) 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. (d) If the WEB trading program is triggered in accordance with the 2013 review procedures in Section [D(7) of Chapter VI of the SO 2 

### milestones and backstop trading program ] A4 of the implementation plan element, the first control period for each source that is a WEB source on or before the program trigger date is the year 2018. (2) Allowance transfer deadline : An allowance may only be deducted from the WEB source’s compliance account if: (a) the allowance was allocated for the curren t control period or meets the requirements in 20.11.46.18 NMAC for use of allowances from a previous control period, and (b) the allowance was held in the WEB so urce’s compliance account as of the allowance transfer deadline for the current control period, or was transferred into the complian ce account by an allowance transfer correctly submitted for recording by the allowa nce transfer deadline for the current control period. (3) Compliance with allowance limitations shall be determined as follows: (a) the total annual SO 2 

### emissions for all SO 2 

### emitting units at the so urce that are monitored under Subsection B of 20.11.46.16 NMAC, as reported by the source in Paragraph (2) and Paragraph (4) of Subsection O of 20.11.46.16 NMAC, 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 accord ance with 20.11.46.18 NMAC; if the emissions are equal to or less than the allowances in such account, all such allowances shall be re tired to satisfy the obligation to hold allowances for such emissions; and if the total emissions from such units excee ds the allowances in such special reserve account, the WEB source shall account for such excess emissions in Subparagraph (b) of Paragraph (3) of Subsection A of 20.11.46.19 NMAC; (b) the total annual SO 2 

### emissions for all SO 2 

### emitting units at the so urce that are monitored under Subsection A of 20.11.46.16 NMAC, as reported by the source as required by Paragraph (2) and Paragraph (4) of Subsection O of 20.11.46.16 NMAC, and recorded in the emissions tracking database, together with any excess emissions as calculated in the Subparagraph (a) of Paragraph (3) of Subsection A of 20.11.46.19, shall be compared to the allowances held in the source’s compliance account as of the allowance transf er deadline for the current control period, adjusted in accordance with 20.11.46.18 NMAC; (c) if the comparison in Subparagraph (b) of Paragraph (3) of Subsection A of 20.11.46.19
NMAC results in emissions that exceed the allowances held in the source’s complia nce account, the source has exceeded its allowance limitation and the excess emissions are subject to the allowance deduction penalty in
Subsection C of 20.11.46.19 NMAC. (4) Other than allowances in a special re serve compliance account for units monitored under Subsection B of 20.11.46.16 NMAC, to the extent consistent with 20.11.46.18 NMAC, allowances shall be deducted for a WEB source for compliance with the allowance lim itation as directed by the WEB source’s account representative. Deduction of any other allowances as n ecessary 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 so urce 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 Subsection B of 20.11.46.16 NMAC shall be deducted as specified in Subparagraph (a) of Paragraph (3) of Subsection A of 20.11.46.19 NMAC. B. Certification of compliance: (1) 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 depart ment a compliance certification report for the source.

20.11.46 NMAC 19

### (2) The compliance certification report shall be submitted no later than the allowance transfer deadline of each control period, and shall contain the following: (a) identification of each WEB source; (b) at the account representative’s option, the serial numbers of the allowances that are to be deducted from a source’s compliance account fo r compliance with the allowance limitation; and (c) the compliance certification report acco rding to Paragraph (3) of Subsection B of
20.11.46.19 NMAC. (3) In the compliance certifica tion 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 co mpliance certification is submitted was operated during the control period covered by the report in complian ce with the requirements of the WEB trading program applicable to the source including: (a) whether the WEB source op erated in compliance with the SO 2 

### allowance limitation; (b) whether SO 2 

### emissions data has been submitted to the department in accordance with [Subsection A of ] 20.11.46.16 NMAC and other applicable guidance, for review, revision as necessary, and finalization for forwarding to the SO 2 

### allowance tracking system for recording; (c) whether the monitoring plan that govern s the WEB source has been maintained to reflect the actual operation and monitoring of the source, and contains all in formation necessary to attribute SO 2 

### emissions to the source, in accordance with Subsection A of 20.11.46.16 NMAC; (d) whether all the SO 2 

### emissions from the WEB source, if applicable, were monitored or
accounted for either thr ough the applicable m onitoring or through application of the appropriate missing data procedures; (e) if applicable, whether any SO 2 

### emitting unit for which the WEB source is not required to monitor in accordance with Paragraph (3) of Subsection A of 20.11.46.16 NMAC remained permanently retired and had no emissions for the entire applicable period; and (f) whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification; and if there were any such changes, the report sha ll specify the nature, reason, and date of the change, the method to determine complian ce status subsequent to the change, and specifically, the
method to determine SO 2 

### emissions. C. Penalties for any WEB source exceeding its allowa nce limitations: (1) Allowance deduction [penalties ] penalty : (a) If emissions from a WEB source exceed th e allowance limitation for a control period, as
determined in accordance with Subsection A of 20.11.46.19 NMAC, the so urce's allowance held in its compliance account will be reduced by an amount equal to [two ] three times the source's tons of excess emissions. If the compliance account does not have sufficient allowances allo cated for that control peri od, the required number of allowances shall be deducted from the WEB source’s compliance account regardless of the control period for which they were allocated, once allowanc es are recorded in the account. (b) Any allowance deduction required under 20.11.46.19 NMAC shall not reduce or otherwise 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. Accordingly, a violation can be assessed each day of the control period for each ton of SO 2 

### emissions in excess of its allowance lim itation if the department so chooses. (2) [Financial penalties: A financial penalty of $5,000 per ton of SO 2 

### emissions in excess of the
WEB source’s allowance limitation shall be levied . Each ton represents a separate violation .] Reserved D. Liability: (1) WEB Source liability for non-compliance: Separate from and regardless of any automatic penalties assessed for allowance deduction penalty [and financial penalty ,] a WEB source that violates any requirement of 20.11.46 NMAC is subject to administrative, civil and criminal penalties under the Air Quality Control Act and the Clean Air Act. Each day of the control period is a separate violation, and each ton of SO 2 

### emissions in excess of a source’s allowance limitation is a separate violation. (2) General liability: (a) 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. (b) Any person who violates any requirement or prohibition of the WEB trading program shall be subject to enforcement pursuant to ap plicable state, tribal or federal law.

20.11.46 NMAC 20

### (c) 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. [20.11.46.19 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.20 SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE:
A. If the WEB trading program is triggered as ou tlined [in Section D of Chapter VI of the SO 2 

### milestones and backstop trading program ] Part A of the implementation plan element, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year. (1) All WEB sources shall register, and open a compliance account within 180 days after the program trigger date, in accordance with Subsection A of 20.11.46.13 NMAC and 20.11.46.15 NMAC. (2) The tracking system administrator shall record the allowances for the 2018 control period for each WEB source in the source’s compliance account once the depa rtment allocates the 2018 allowances under Section [F(1) and G(1) of Chapter VI of the SO 2 

### milestones and backstop trading program ] C1 and D1 of the implementation plan element. (3) The allowance transfer deadline is midnight pacific standard time on May [30 ] 31 , 2021 (or if this date is not a business day, midnight of the first business day thereafter) . WEB sources may transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the allowance transfer deadline. (4) A WEB source shall hold allowances allocat ed for 2018 including those transferred into the compliance account by an allowa nce transfer correctly submitted by the a llowance transfer deadline, in an amount
not less than the WEB source’s total SO 2 

### emissions for 2018. Emissions shall be determined using the pre-trigger monitoring provisions in [Section ] Part B of the [SO 2 

### milestones and backstop trading program ] implementation plan element, and 20.11.46.9 NMAC. (5) [An allowance deduction penalty and financial penalty shall be assessed and levied in accordance with Subsection D of 20.11.46.18 NMAC, Paragraph (4) of Subsection A of 20.11.46.19 NMAC and Subsection C of 20.11.46.19 NMAC except that SO 2 

### emissions shall be determined u nder Paragraph (4) of Subsection A of

20.11.46.20 NMAC

. ] In accordance with Subsection D of 20.11.46.18 NMAC, and Paragraph (4) of Subsection A of 20.11.46.20 NMAC, the department shall seek at least the minimum financial penalty of $5000 per ton of SO 2 

### emissions in excess of the WEB source’s allowance limitation. (a) Any source may resolve its excess emissi ons violation by agreeing to a streamlined settlement approach where the source pays a penalty of $5000 per ton or partial ton of excess emissions, and payment is received within 90 calendar days after the issuance of a notice of violation. (b) Any source that does not resolve its ex cess emissions violation in accordance with the streamlined settlement approach in Subparagraph (a) of Paragraph (5) of Subsection A of 20.11.46.20 NMAC will be subject to formal enforcement action, in which the dire ctor shall seek a financial penalty for the excess emissions based on New Mexico’s statutory maximum civil penalties. (6) Each ton of SO 2 

### emissions in excess of a source’s allowance limitation is a separate violation and each day of a control period is a separate violation.

B. If the program has been triggered and the provision in Subsection A of 20.11.46.20 is implemented the provisions in Subsection C of 20.11.46.20 NMAC shall [continue to ] apply for each year after the 2018 emission year until: (1) the first control period under the WEB trading program under Subparagraph (a) of Paragraph (1)
of Subsection A of 20.11.46.19 NMAC ; or (2) the department determines, in accordance with Section [D(6)(j) of Chapter VI of the SO 2 

### milestones and backstop trading program ] A3.10 of the implementation plan element, that the 2018 SO 2 

### milestone
has been met. C. [ If provisions of Subsection A or 20.11.46.20 NMAC was implemented, the following shall apply to each emissions year after the 2018 emissions year: (1) the tr acking 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 the departme nt allocates the allowances under Section F(1) of Chapter VI of the SO 2 

### milestones a nd backstop trading program implementation plan element; (2) the allowance transfer deadline is midnight pacifi c standard time on March 1 of each year (or if this date is not a business day, midnight of the first business day therea fter) following the end of the specific emissions year. WEB sources may transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the
allowance transfer deadline.

20.11.46 NMAC 21

### (3) a WEB source must hold allowances allocated for that specific emissions y ear, 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 SO 2 

### emissions for the specific emissions year ; and e missions are determined using the pre

- trigger monitoring provisions in Section D of the SO 2 

### milestones and backstop trading program implementation plan element, and 20.11.46.9 NMAC; (4) an allo wance deduction penalty and financial penalty shall be assessed and levied in accordance with Subsection D of 20.11.46.18 NMAC, Paragraph (4) of Subsection A of 20.11.46.19 NMAC, and Subsection C of 20.11.46.19 NMAC, except that SO 2 

### emissions shall be dete rmined under Paragraph (3) of Subsection C of

20.11.46.20 NMAC .] Special penalty provisions for the 2018 milestone for 2019 control period and each control period thereafter as provided under Subsection B of 20.11.46.20 NMAC include the following: (1) for the 2019 control period, the allowance tr ansfer deadline is midnight Pacific Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter); WEB sources may transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the allowance transfer deadline; (2) a WEB source must hold allowances allocated for the 2019 control period, including those transferred into the complia nce account by an allowance transfer corr ectly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for the 2019 control period; emissions are determined using the pre-trigger monitoring provisions in Part B of the Implementation Plan, and 20.11.46.9 NMAC; (3) in accordance with Subsection D of 20.11.46.18 NMAC, and Paragraph (4) of Subsection A of 20.11.46.20 NMAC, the department shall seek at least the minimum financial penalty of $5000 per ton of SO 2 

### emissions in excess of the WEB source’s allowance limitation; (a) any source may resolve its excess emissi ons violation by agreeing to a streamlined settlement approach where the source pays a penalty of $5000 per ton or partial ton of excess emissions, and payment is received within 90 business days after the issuance of a notice of violation; (b) any source that does not resolve its excess emissions violation in accordance with the streamlined settlement approach in Pa ragraph (5) of Subsection A of 20.11.46.20 NMAC will be subject to formal enforcement action, in which the department shall seek a financial penalty for the excess emissions based on New Mexico’s statutory maximum civil penalties; (4) each ton of SO 2 

### emissions in excess of a source’s allowance limitation is a separate violation and each day of a control period is a separate violation; (5) for each control period after 2019 that the sp ecial penalty is assessed, the dates and deadlines in Paragraphs (1) through (4) of Subsection C of 20.11.46.20 NMAC above will be adjusted forward by one year. [20.11.46.20 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.21 SO 2 

### MONITORING OF FUEL GAS COMBUSTION DEVICES: A. Applicability. (1) The provisions of this protocol are applicable to fuel gas combustion devices at petroleum
refineries. (2) Fuel gas combustion devices include boilers, process heaters, and flares used to burn fuel gas generated at a petroleum refinery. (3) Fuel gas means any gas, which is generated, and combusted at a petroleum refinery. Fuel gas
does not include: (a) natural gas, unless combined with other gases generated at a petroleum refinery; (b) gases generated by a catalytic cracking unit catalyst regenerator; (c) gases generated by fluid coking burners; (d) gases combusted to produce sulfur or sulfuric acid; or (e) process upset gases generated due to startup, shutdown, or malfunctions. B. Monitoring requirements. (1) Except as provided in Paragraph (2) and Paragraph (3) of Subsection B of 20.11.46.21 NMAC, fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the total sulfur content (reported as H 2 

### S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount of fuel gas burned. (a) 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.

20.11.46 NMAC 22

### (b) The CFGMS shall meet the performance requirements in performance specification 2 in Appendix B to 40 CFR Part 60, and the following: (i) continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H 2 

### S; (ii) have the span value set so that the majority of readings fall between 10 and 95% of the range; (iii) record negative values of zero drift, for initial certification and daily calibration error

tests; (iv) calibration drift shall be 5.0% of the span; and (v) methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test; an d the relative accuracy test shall include a bi as test in accordance with Paragraph (3)
of Subsection D of 20.11.46.21 NMAC. (c) All continuous fuel flow meters shall comply with the provisions of Section 2.1.5 of Appendix D to 40 CFR Part 75. (d) The hourly mass SO 2 

### emissions rate for all the fuel combustion devices monitored by this approach shall be calculated using the following equation:

E t



### = (C S 

### )(Q f 

### )(K); where:

E t



### = Total SO 2 

### emissions in lb/hr from applicable fuel gas combustion devices;

C S 

### = Sulfur content of the fuel gas as H 2 

### S (ppmv); Q f



### = Fuel gas flow rate to the applicable fuel gas combustion devices (scf/hr); and

K = 1.660 x 10 -7 

### (lb/scf)/ppmv. (2) In place of a CFGMS in Paragraph (1) of Subsection B of 20.1 1.46.21 NMAC, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO 2 

### CEMS and flow CEMS and (if necessary) a moisture monitoring system at only one location, if the CEMS monitoring at that location is representative of the SO 2 

### emission rate (lb SO 2 

### /scf fuel gas burned) of all applicable fuel gas combustion devices.
Continuous fuel flow meters shall be used in accordance with Paragraph (2) of Subsec tion B of 20.11.46.21 NMAC, and the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. (a) Each CEMS for SO 2 

### and flow, and (if applicable) moisture, shall comply with the operating requirements, performance specifications, and qua lity assurance requirements of 40 CFR Part 75. (b) All continuous fuel flow meters shall comply with the provisions of Section 2.1.5 of Appendix D to 40 CFR Part 75. (c) The SO 2 

### hourly mass emissions rate 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:

E t



### = (E

m 

### )(Q t 

### )/(Q

m 

### ); where:

E t



### = Total SO 2 

### emissions in lb/hr from applicable fuel gas combustion devices;

E

m 

### = SO 2 

### emissions in lb/hr from the CEMS-monitored fuel gas combustion device, calculated using Equation F-1 or (if applicable) F-2 in Appendix F to 40 CFR Part 75; Q t



### = Fuel gas flow rate (scf/hr) from applicable fuel gas combustion devices; and Q

m 

### = Fuel gas flow rate (scf/hr) to the CEMS-monitored fuel gas combustion device. (3) In place of a CFGMS in Paragraph (1) of Subsection B of 20.1 1.46.21 NMAC, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO 2 

### - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO 2 

### emission rate (lb SO 2 

### /mmBtu) of all applicable fuel gas 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 (1) of Subsection B of 20.11.46.21 NMAC , with separate fuel metering for the CEMS-monitored fuel gas combustion device. (a) Each SO 2 - 

### diluent CEMS shall comply with the applicable provisions for SO 2 

### monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in Section 3 of Appendix F to 40 CFR Part 75 for determining SO 2 

### emission rate (lb/mmBtu) by substituting the term SO 2 

### for NO

x 

### in that section, and using a K factor
of 1.660 x 10 - 7 

### (lb/scf) ppmv instead of the NO

x 

### K factor. (b) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to determine the heat input ratio shall comply with the applicable provisions of Section 2.1.5 and 2.3.4 of Appendix D to 40

CFR Part 75.

20.11.46 NMAC 23

### (c) The SO 2 

### hourly mass emissions rate 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:

E t



### = (E

m 

### )(Q t 

### )/(GCV) / 10 6 

### ; where:

E t



### = Total SO 2 

### emissions in lbs/hr from applicable fuel gas combustion devices;

E

m 

### = SO 2 

### emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device; Q t



### = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices;
GCV = Fuel Gross Calorifi c Value (Btu/scf); and

10 6 

### = Conversion from Btu to million Btu. (d) The owner or operator shall calculate total SO 2 

### 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 Appe ndix F to 40 CFR Part 75. C. Certification and recertification requirements. All monitoring systems are subject to initial
certification and recertifica tion testing as follows: (1) 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 Subparagraph (b) of Paragraph (1) of Subsection
B of 20.11.46.21 NM AC for each CFGMS; (2) each CEMS for SO 2 

### and flow or each SO 2 

### -diluent CEMS shall comply with the testing and calibration requirements specifie d in 40 CFR [Part 75, section ] 75.20 and Appendices A and B, except that each

SO 2 

### -diluent CEMS shall meet the relative accuracy requirements for a NO

x 

### -diluent CEMS (lb/mmBtu); (3) a continuous fuel flow meter shall comply with certification requirements in Section 2.1.5 of Appendix D of 40 CFR Part 75. D. Quality assurance/qua lity control requirements. (1) A quality assurance and quality control (QA/QC) plan shall be developed and implemented for
each CEMS for SO 2 

### and flow or the SO 2 

### -diluent CEMS in compliance with Sections 1, 1.1, and 1.2 of Appendix B
of 40 CFR Part 75. (2) A quality assurance and quality control plan shall be developed and implemented for each continuous fuel flow meter and fuel sampling and analysis in compliance with Sections 1, 1.1, and 1.3 Appendix B of 40 CFR Part 75. The owner or operator shall meet the requirements in Section 2.1.6 of Appendix D to 40 CFR Part 75, and may use the procedures set forth in Section 2.1.7 of that appendix. (3) A quality assurance and quality control 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: (a) perform a daily calibration error test of each CFGMS at two gas concentrations, one low level and one high level; and 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 percent of the span value; (b) in addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily calibration er ror test is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may aff ect the monitor measurements , and after making manual calibration adjustments; (c) perform a linearity test once every operatin g quarter; calculate the linearity as described in Appendix A to 40 CFR Part 75; and 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; (d) perform a relative accuracy test audit on ce every four operating quarters; calculate the relative accuracy as described in Appendix A to 40 CFR Part 75; and an out of control period occurs whenever the relative accuracy is greater than 20.0 percent of th e mean value of the reference method measurements; (e) using the results of the relative accuracy te st 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. E. Missing data procedures. (1) For any period in which valid data are not being recorded by an SO 2 

### CEMS or flow CEMS specified in 20.11.46.21 NMAC, missing or invalid data shall be replaced with substitute data in accordance with the requirements in Subpart D of 40 CFR Part 75. (2) For any period in which valid data are not being recorded by an SO 2 

### -diluent CEMS specified in 20.11.46.21 NMAC, missing or invalid data shall be replac ed with substitute data on a rate basis (lb/mmBtu) in
accordance with the re quirements for SO 2 

### monitors in Subpart D of 40 CFR Part 75.

20.11.46 NMAC 24

### 20.11.46 NMAC 25 (3) 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 speci fied in 20.11.46.2 1 NMAC, missing or invalid data shall be replaced with
substitute data in accordance with missing data requirements in Section 2.4 of Appendix D to 40 CFR Part 75. (4) For any period in which valid data are not being recorded by the CFGMS specified in 20.11.46.21 NMAC, 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.

F. Monitoring plan and reporting requirements. In addition to the general monitoring plan and reporting requirements of 20.11.46.16 NMAC, the owner or operator shall meet the following additional requirements: (1) the monitoring plan shall identify each group of units that is monitored by a single monitoring system under 20.11.46.21 NMAC, and the plan shall designate an identifier for the group of units for emissions reporting purposes; and for purpose of submitting emissions reports, no apportionment of emissions to the individual units within the group is required; (2) if the provisions of Paragraph (2) or Paragraph (3) of Subsection B of 20.11.46.21 NMAC are used, provide documentation and an ex planation to demonstrate that the SO 2 

### emission rate from the monitored unit is representative of the rate from non-monitored units. [20.11.46.21 NMAC - N, 12/31/03; A, 9/15/08]

20.11.46.24 SEVERABILITY: If any section, subsection, sentence, ph rase, clause or wording of [this part ]
20.11.46 NMAC or the federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any court or the EPA, the decision shall not affect the validity of remaining portions of [this
part ] 20.11.46 NMAC

. [20.11.46.24 NMAC - N, 12/31/03; A, 9/15/08]

## FILED WITH ST,\T:::**R:::r;O~OS** 

### CENTER



## I P I) 

## I"

,., 10' I 

## 2 

# 20 I 

# r, i. .J

... , . 4

This is an amendment 10 20.11.46 NMAC. amending Sections 5. 6. 7.9 ond 10 through 22, eFFective May 16,

2011.

20.11.46.5 EFFECTIVE DATE: December 31,2003, except where a later date is cited at tbe end of a section, or as provided in 20.11.46.10 NMAC. However. iftbe EPA disapproves the Section JOY Regional Haoc

Slate Implementation Plan Element: Alhuquerque-Bernalillo Counl)'. New Mexico. then 20.1 1.46 NMAC will no longer be effective on the date of official notification by the EPA to the Governor ofNe", Mexico that the Section

JOY Regional Haoe Siale Implementation Plan Element: Albuquerque-Bernalillo COIIl7I)'. New Mexico has been disapproved. [20.11.46.5 NMAC

- N, 12/3 1/03; A, 9/15/08; A, 5/16/11]

20.11.46.6 OBJECTIVE:

A. 20.11.46 NMAC implements the western backstop (WEBl sulfur dioxide (SO,) trading program [("'.'/I3B IFa.iRg pFagraFR")] provisions required under the federal Regional Haze [RegalalieR] Rule, 40 CFR 51.309,

and the concomitant Albuquerque-Bernalillo county element of the state of New Mexico's regional haze implementation plan [an, Felale.**Fe~uiFemeRls** assesiale. with the time peFiea pFieF tethe WI3B IF,aiRg pFegram wigger Elate].

B. Nothing in 20.11.46 NMAC waives any requirement otherwise in effect or subsequently required

under another program, induding regulations governing new sources. [20.11.46.6 NMAC

- N. 12/31103; A, 5/16/11]

20.11.46.7 DEFINITIONS: In addition to the definitions in 20.11.46.7 NMAC, the definitions in 20.11.1

NMAC apply unless there is a conflict between definitions, in which case the definition in 20.1 1.46 NMAC shall

govern. A. "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.

B. "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.


### C. "Act" means the federal Clean Air Act, as amended, 42 U.S.c. 7401. et seq.
D. "Actual emissions" means the total annual [sulfuF e1ie,,;ae] 

# m emissions determined in

accordance with 20.11.46.16 NMAC, monitoring record keeping and reporting. or determined in accordance with

20.11.46.9 NMAC. emission trackin a requirements for sulfur dioxide emission inventories for sources that are not subject to 20.11.46.16 NMAC.

E. "Air qualit)' control board" or "AQCB" means the Albuquerque-Bernalillo county air quality

control board,

F. "Allocate" means to assign allowances to a WEB source,**[~]** in accordance with Section C I

of the Section 309 Regional Haze State implementation Plan Element: Alhuquerque

- Bernalillo Countl' New

Mexico.
G. "Allowance" means the limited authorization under the WEB trading program to emit one ton of
SO, during a specified control period or any control period thereafter subject to the terms and conditions for use of

unused allowances as established by 20.11.46 NMAC.

H. "Allowance limitation" means the tonnage of S02 emissions authorized by the allowances

available for compliance deduction for a WEB source for a control period under 20.11.46.19 NMAC. compliance,

on the allowance transfer deadline for that control period.

I. l"AII9'A'Bnee tFoeli:ing system" meaRS tAe system Elevelepeel By the aeJ3aJ1ment wheFe allewafl:ees

uAelel' the W];I'! lFa.iRg pFBgFam BFe Fe6eFaeel, helel, !FaAsfaFrea aAa .e.ueteel.] Reserved

J. f"Allawonee tFoehing system aeeBunt" meaRS afl aeseHRt in tAB allewaRse tFasl:ing system est,elishea far purpeses afFeseFaiRg, hel.iRg, l"",sfa"iRg, 'R._.e.ueliRg allewaRees.] Reserved


### K. "Allo,,'ance transFer deadline" means the deadline established in Subsection B of 20. J] .46. I7

NMAC when [allewaAses] allowance transfers must be submitted for recording in a WEB source's compliance

account in order to demonstrate compliance for that control period.

20.1 [.46 NMACL. "Compliance account" means an account established in the [all.waAse lfasl,iAg sysle,,,j WEB

EATS under Subsection A of20.11.46.15 NMAC fol' the purpose of recording allowances that a WEB source might
hold to demonstrate compliance with its allowance limitation.

M. uCompliance-certification" means a submission to the departmen[ 

### by the account representative

as required under SUbsection B of20.11.46.19 NMAC to report a WEB source's compliance 01' noncompliance with

20.11.46 NMAC.

N. "Control period" means the period beginning January I of each year and ending on December 31

of the same year. inclusive.
O. '''Emi9sion report" or "inventory" means a listing, 

### by source, of the amount of air pollutants discharged into the atmosphere.

P. 

### I "EmissioRs tFoeldng 9st89ftSe" meaRS tRe**6eR~J** E1atBeBse 'Sheft**SO~** emissieHS fef**'.V~B**
seurees as reeerEleEi aAe reperteEi iA asserElaAse witA ?G.ll.4.**~IMAC** are IFaelieEl la E1ela_iAe sempliaAse wilA

alle"./aAee Iimitalia.s.] Reserved 

### Q. "Emission unit" or '''unit'' means any part of a stationary source that emits or would have the potential to emit any pollutant regulated pursuant to the Clean Air Act.
R. "Existing source" means, a stationary source that commenced operation before the program trigger date.

S.**~'Fugitive** emi9sions" are those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

T. "General account" means an account established in the [al.J8H'Snee $r6eliing 3Y5Ie",] WEB EATS

under 20.1 1.46.15 NMAC, establishmenr a(accounts, for the purpose of recording allowances held by a person that

are not to be used to show compliance with an allowance limitation.

U. "Milestone" means the maximum level of stationary source regional [sulfur E1ielliEle] SOl

emissions for each year from 2003 to 2018. established according to the procedures in Section A of the Section 309 Regional Haze State implementation Plan Element: Albuquerque

- Bernalillo Countl', New Mexico.
V.**~'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 Section 309 Regional Haze State implementation

Plan Element: Albuquerque

- Bernalillo Countl' New Mexico.

W. "Ne,,' WEB source" means a WEB source that commenced operation on or after the program trigger date.

X.**~'Owner** or operator" means any person who is an owner or who operates, controls or supervises

a WEB source, and includes but is not limited to, any holding company, utility system or plant manager.
Y. "Part" means an air quality control regulation under Title 20, Chapter 11 of the New Mexico

administrative code. unless otherwise noted, as adopted or amended by the AQCB.
Z. "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.

AA. "Program trigger date" means the date that the department detennines that the WEB trading

program has been triggered in accordance with the provisions of Section A2 of-the Section 309 Regional Haze State implementation Plan Element: Albuquerque

- Bernalillo Countv. New Mexico.

BB. "Program trigger years" means the years shown in Table 3, column 3, under Part C of the

Section 309 Regional Haze State Implementation Plan Element: Albuquerque

- Bernalillo Counf1I, New Mexico for

the applicable milestone if the WEB trading program is triggered as described in Section A of the Section 309 Regional Hire Slate implementation Plan Element: Albuquerque

- Bernalillo Count", New Mexico.



### ce. "Renewable energ)' resource" means a resource that generates electricity by**non~nuclear** and
non-fossil technologies that result in low or no air emissions. This term includes electricity generated by wind

energy technologies; solar photo voltaic and solar thermal technologies; geothermal technologies; technologies based

on landfill gas and biomass sources, and new low-impact hydropower that meet 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.

DD. "Retired source" means a WEB source that has received a retired source exemption as provided

in Subsection E of20.11.46.11 NMAC. Any retired source resuming operations under Subsection E of 20.11.46.11 NMAC, must submit its exemption as part of its registration materials.

20.11.46 NMAC 2EE.**"Seriailiumber'~** means, when referring to allowances. the unique identification number assigned

10 each allowance by the tracking systems administrator, in accordance with Subsection B of 20.11.46.14 NMAC.

FF. ""S01 emitting unit" means any equipment that is located at a 

### WEB source and that emits SO::!.

GG. Reserved

HH. ·'Special reserve compliance**account'~** means an account established in the [aHew8Ree t;raekiag 

### try'5Iem] WEB EATS under Subsection A of 20.11.46.15 NMAC forthe purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for SO, in accordance with ["Hes •• ti8A 8] Paragraph (2) of Subsection A of 20,11.46.16 NMAC.

II. "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.

JJ. "'Submit" means sent to the appropriate authority under the signature of the account representative. For purposes of detennining when something is submitted. an official U.S. postal service postmark,

or equivalent electronic time stamp, shall establish the date of submittal.

KK. "Ton" means 2000 pounds and, for any control period, any fraction ofa 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.

LL. "Tracking system administrator" means the person designated by the department as the

administrator of the [8ti"\I'th"'" I P 8eldl<g**'~','5I"R1** "Ra til. emissiaR lfaalciRg Elataease] WEB EATS.

MM. "WEB source" means a stationary source that meets the applicability requirements of20.11.46.11

NMAC. WEB trading program applicabilin'.

NN. "Western backstop sulfur dioxide (SO:!) trading program" or "WEB trading program"

means all sections of20.11.46 NMAC, but not Section 20.11.46.9 NMAC. emission tracking requirements for sulfur

dioxide emission inventories, triggered as a backstop in accordance with the provisions in the Section 309 Regional
Ha;.e State Implementation Plan Element: Albuquerque

- Bernalillo Couno' NeH'Mexico. to ensure that regional

SO::! emissions are reduced.

00. "'WEB Emissions and allowance tracking svstem" or "WEB EATS" means the central

database where SO, emissions for WEB sources as recorded and reported in accordance with 20.11.46 NMAC are tracked to determine compliance with allowance limitations. and the system where allowances under the \VEB trading program are recorded. held transferred and deducted.

PP. "WEB EATS account" means an account in the WEB EA TS established for purposes of recording. holding. transferring and deducting allowances. [20.11.46.7 NMAC

- N. 12/31/03; A, 9/15/08; A, 5/16/11]

20.11.46.9 EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION

INVENTORIES: Beginning with the 2003 emission inventory, all stationary sources with actual emissions of one hundred (100) tons per year or more of [sHlfH" aianille] in the year 2000, or in any subsequent year, shall submit

an annual inventory of[sHlfur Elieniae] SO, emissions. A source that meets these criteria, and then emits less than

100 tons per year in a later year shall submit a [sHIfH" ai8J,iaej inventory for tracking compliance with the regional [s!llfur llieniae] SO, milestones until the western backstop sulfur dioxide trading program has been fully implemented and emission tracking has occurred under 20.11.46.16 NMAC. monitoring record keeping and reporting.

A. All sources meeting the criteria immediately above in 20.11.46.9 NMAC will be subject to the following federally enforceable provisions: (I) submit an annual inventory of[sHlfur Elie"ill.j emissions;**(~)** document the emissions monitoring/estimation methodology used to calculate their SO? emissions, and demonstrate that the selected methodology is acceptable under the inventory program; (3) include emissions from start up, shut down, and upset conditions in the annual total inventory; (4) use 40 CFR Pan 75 methodology for reponing emissions for all sources subject to the federal acid

rain program; (5) maintain all records used in the calculation of the emissions, including but not limited to the following: (a) amount of fuel consumed; (b) percent sulfur content offue! and how the content was determined; (c) quantity of product produced; (d) emissions monitoring data; (e) operating data; and

20.11.46 NMAC 3(1') how the emissions are calculated; (6) 

### maintain records of any physical changes to facility operations or 

### equipment or any other changes that may affect the emissions projections; and (7) retain records for a minimum of 10 years from the date of establishment. or if the record was the
basis for an adjustment to the milestone. five years after the date of an implementation plan revision, whichever is 

### longer.

8. Reporting requirements. (I) Except as provided in Paragraph (2) of Subsection B of 20.11.46.9 NMAC, the owner or operator
shall submit the emission report by April I each year immediately following the year for which the source is required to report emjssions data. (2) Sources for which a date for submitting an annual emission report is specified in a current operating permit issued under 20.11.42 NMAC, Operating Permits, shall submit such report on the date specified in

the permit. The department shall provide a copy of the previous emissions repon upon request by the owner or operator of such source. C. Emissions report contents shall include: ( I) the name, address, and physical location of the**stationar~y** 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 20.1 1.42

NMAC attesting that the statements and infonnation 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 20.11.42 NMAC, the certification shall be

made as required under 20.11.42 NMAC; (4) smelters shall submit an annual report of sulfur input, in tons M!: year; (5) for each emission point additional information may be required by the department (a) stack and exhaust gas parameters; (b) type of control equipment and estimated control efficiency; (c) schedule of operation; (d) estimated actual emissions, including fugitive emissions and emissions occurring during
maintenance, stan-ups, shutdowns, upsets, and downtime, of sulfur oxides, 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 (1') the fuel heat, sulfur, and ash content.

D. The department 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.
[20.11.46.9 NMAC

- N, 12131/03; A, 9/15108; A, 5/16/11]

20.1 1.46.1 0 WEB TRADING PROGRAM TRIGGER:

A. Except as provided in Subsection B of20.11.46.1 0 NMAC, Sections 20.11.46.1] NMAC through

20.11.46.22 NMAC shall become effective on the program trigger date that is established in accordance with the procedures outlined 

### in Part C of the Section 309 Regional Haze State Implementation Plan Element: AlbuquerqueBernalillo Count)! New Mexico.

B. 20.] 1.46.20 NMAC, special penalty provisions/or the year 2018 milestone, shall become

effective on January 1,2018 and sha]] remain effective until the provisions of20. 11.46.20 NMAC, special penal/v provisions (or the vear 2018 milestone. have been fully implemented.
[20.11.46.10 NMAC

- N, 12131/03; A, 9/15/08; A, 5/161l1]

20.11.46.11 WEB TRADING PROGRAM APPLICABILITY:

A. General applicability: 20.11.46 NMAC applies to any stationary source or group of stationary

sources that are located on one or more contiguous or adjacent properties and which are under the control of the

same person or persons under common control, belonging to the same industrial grouping, and that are described in Paragraphs (1) through (4) of Subsection B of20.1 1.46.] I NMAC. A**stationar~y** source or group of stationary

sources shall be considered part ofa single industrial grouping ifall of the pollutant emitting activities at such

source or group of sources on contiguous or adjacent properties belong to the same major group (Le., all have the

same two-digit code as described in the standard industrial classification manual, 1987. or three-digit code as
described in the North American Industrv Classification System (NAICS), 2007).

B. The following are WEB sources.

20.11.46 NMAC 4taconite ore processing plants; glass fiber processing plants;

charcoal production plants;

fossil-fuel-fired steam electric plants of more than 250 million British thennal units per (I) All BART-eligible sources as defined in 40 CFR 51.30 I that are subject to BART due to SO,


### emissions.
(2) All stationary sources 1101 meeting the criteria of Paragraph (1) of Subsection B of 20.1'1,46.1 I NMAC, that have actual**SO~** 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 detennining whether 

### it is a WEB

source unless the source belongs to one of the following categories of stationary SOurce:
(a) coal cleaning plants (with thennal dryers); (b) kraft pulp mills; (c) portland cement plants; (d) primary zinc smelters; (e) Iron and steel mills; (f) primary aluminum ore reduction plants; (g) primary copper smelters; (h) municipal incinerators capable of charging more than 250 tons of refuse per day; (i) hydrofluoric, sulfuric, or nitric acid plants; 

## OJ petroleum refineries; (k) lime plants; (I) phosphate rock processing plants; (m) coke oven batteries; (n) sulfur recovery plants;
(0) carbon black plants (furnace process); (p) primary lead smelters; (q) fuel conversion plants; (r) sintering plants; (s) secondary metal production plants; (t) chemical process plants; (u) fossil-fuet boilers (or combination thereof) totaling more than 250 million British thennal

units per hour heat input; (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (w) (x) (y) (z)

hour heat input; or (aa) any other stationary source category, which as of August 7, 1980 is being regulated under

Section III or 112 of the Clean Air Act. (3) A new source that begins operation after the program trigger date and has the potential to emit

100 tons or more of SO, per year. (4) The department may detennine on a case-by-case basis, with concurrence from the EP A administrator, that a source defined in Paragraph (2) of Subsection B of20.11.46.ll NMAC is not a WEB source if

the source: (a) riB**OB6~ "f!~o**  p,o',i""s fivo yOaFs] had actual SO, emissions of less than 100 tons per year, in each of the previous five years: and (b) had actual SO:! emissions of 100 tons or more in single year due to a temporary emission

increase that was caused by a sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, failure of process equipment, or a failure to operate in a normal or usual manner; and (c) took timely and reasonable action to minimize the temporary emission increase; and (d) has corrected the failure of air pollution control equipment, process equipment, or process by the time of the department's detennination under 20.11,46.11 NMAC; or (e) had to switch fuels or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusual circumstances besides cost of such fuels or feedstocks. (5) A temporary emission increase due to poor maintenance or careless operation does not meet the

criteria of20.11.46.11 NMAC,


### C. Duration of program participation: Except as provided for in Subsection D of 20.11.46.11 NMAC, once a source is subject to the WEB trading program, it 

### will remain in the program every year thereafter.

20.11,46 NMAC 5

### D. Application for retired source exemption: (I) Any WEB source that is permanentlv retired shall apply for a retired source exemption. The

WEB source may**[~]** be considered pemlanentlv retired only ifall SO, emitting units althe source arc permanentlv retired. The application shall contain the following information: (a) identification of the WEB source. including plant name and an appropriate identification

code in a format specified by the department;
(b) name of account representative; (c) description of the status of the WEB source. including the date that the WEB source was 

### retired: (d) signed certification that the WEB source is pennanentlv retired and will comply with the requirements of Subsection D of 20.1 1.46.1 I NMAC; and (e) verification that the WEB souree has a general account where any unused allowances Or future allocations will be recorded. (2) [Resl'8Rsillilities or retired sonreesl Notice: The retired source exemption becomes effective

when the department notifies the source that the retired source exemption has been granted. (3) ResDonsibilit;

.. , of retired sources. A retired source shall be exempt from 20.11.46.16 NMAC, monitoring record keeping and reporting and 20.11.46.19 NMAC. compliance. except as provided below. (a) A retired source shall not emit any SO, after the date the retired source exemption is [oAesti',.} issued. (b) A WEB Source shall submit SO, emissions reports, as required by Subsection 

### [Qll! of

20.11.46.16 NMAC for ,ny 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 of20.11.46.19 NMAC, 

### compliance, including the requirement to hold allowances in the source's compliance account to cover all 50 2 

### emissions prior to
the date the source was permanently retired.
(c) A retired source that is still in existence but no longer emitting SO, shall, for a period of


### five years from the date the records are created, retain records demonstrating 

### [tAe effeeti\'e**El~e** 

### eftAe retiree S811Tee 0,,0"'l'li88] that the source is permanently retired for purposes of 20.11.46 NMAC. (4) Resumption of operations. 

### (a) 

### [SAmliEl a 

### retiree saUTee ElesiTe ta J:esume] Before resuming operation, the retired source shall submit registration materials as follows: (i) 

### if the source is required to obtain a new SOurce review permit or operating permit

under 20.11.41 NMAC, 20.11.42 NMAC, 20.11.60 NMAC or 20.1 1.61 NMAC priorlo resuming operation, then the

source shall submit registration information as described in 20.1 1.46.13 NMAC and a copy of the retired source exemption with the application required under 20.11.41 NMAC. 20.11.42 NMAC, 20.1 1.60 NMAC or 20.11.61
NMAC; (ii) 

### if the source is not required to obtain a new source review permit or operating permit

under 20.11.41 NMAC. 20.11.42 NMAC, 20.11.60 NMAC or 20.11.61 NMAC priorlo resuming operation, then the

source shall submit registration information as described in Subsection A of20.11.46.13 NMAC and a copy ofthe

retired source exemption to the department at least 90 days prior to resumption of operation. (b) The retired source exemption shall automatically expire on the day the source resumes 

### operation.
(5) Loss of future allowances: A WEB source that is permanently retired and that does not apply to
the department for a retired source exemption within 90 days of the date that the source is permanently retired shall

forfeit any unused and future allowances. The abandoned allowances shan be retired by the tracking system 

### administrator.
[20.11.46.11 NMAC

- N. 12131103; A, 9115108; A, 5116/11]

20./1.46.12 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.

A. Identification and certification of an account representative. (I) The account representative and any alternate account representative shall be appointed by [<Ill]



### written agreement that makes the representations, actions, inactions or submissions of the account representative and

any alternate account representative, binding on the owners and operators of the WEB source. A copy of the

agreement shall be provided to the department.

20.11.46 NMAC 6

### (2) The accoum representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation 

### (certificate) that contains the following elements: (a) identification of the WEB snurce by plant name. state. and an appropriate identification

code in a fOimal specified by the department; (b) the name. address. e-mail (if available). telephone and facsimile number of the account 

### representative and any alternate; (c) a list of owners and operators of the WEB source; (d) infortnation to be part of the emission tracking system database that is established in


### accordance with Part C of the Section 309 Regional Haze State Implementation Plan Element: AlbuquerqueBernalillo COllnll' New Mexico; and the specific data elements shall be as specified by the department to be


### consistent with the data system structure, and may include basic facility infonnation 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; and (e) 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 department regarding the WEB trading program," (3) Upon receipt by the department of the complete certificate. the account representative and any 

### alternate account representative represents and. by 

### [Ris 8r Rer] their 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 the department regarding the

WEB trading program. (4) No WEB [all.'.'aAselFashiAg system] EATS 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,

B. Requirements and responsibilities. (I) The responsibilities of the account representative include, but are not limited to, the transferring

of allowances, and the submission of monitoring plans, registrations, certification applications, SO, emissions data

and compliance reports as required by 20.11.46 NMAC, and representing the source in all matters pertaining to the

WEB trading program. (2) 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 infortnation submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the infortnation, I certifY that the statements
and infortnation 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 infonnation, including the possibility of fine 

### or imprisonment."

C. Changing the account representative or owners and operators. (1) 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 department and the tracking system administrator under Paragraph (3) of Subsection A of

20.11.46.12 NMAC, with the change taking effect upon receipt of such certificate by the department. 

### 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, (2) Changes in owners and operators. (a) Within 30 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, (b) 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

20.11.46 NMAC 720,11.46,13 

### A. 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 department as if the new owner or operator were included in such list. [20.11.46.12 NMAC- N, 12/31103; A. 9/15/08; A. 5/16/11]

REGISTRATION:


### Deadlines. (I) 

### Each source that is a WEB source on Or before the program trigger date shall register by submitting the initial certificate required in Subsection A of 20.11.46.12 NMAC to the department no later than 180 

### days after the program trigger date. (2) Any existing source that becomes a WEB. source 

### after the program trigger date shall register by submitting the initial certificate required in Subsection A of 20.1 1.46.12 NMAC to the department no later than September 30 of the year following the inventory year in which tile source exceeded the emission threshold (100

tons SO,). (3) Any new WEB source shall register by submitting the initial certificate required in Subsection A

of 20.11.46.12 NMAC to the department prior to the commencement of operation.
B, Integration into permits. (1) 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 pennit under 20.11.42 NMAC. (2) After 20.11.46 NMAC is effective, a WEB source that is not required to have a pennit under

20.11.41 NMAC, 20.1 1.60 NMAC or 20.11.6\ NMAC, must at all times possess a valid 20.11.42 NMAC pennit

that includes the requirements of 20.11.46 NMAC. If the WEB source does not possess a Title V pennit under

20.11.42 NMAC, it may satisfy the requirements of Paragraph (2) of Subsection B of20.\1.46.13 NMAC by obtaining or modifying a pennit under 20.11.4 I NMAC, 20.11.60 NMAC or 20.11.61 NMAC that incorporates the requirements of20.11.46 NMAC. The source must at all times possess a valid pennit that includes these 

### requirements. [20.11.46.13 NMAC

- N. 12/31/03; A, 5/16/1 I]

20,11.46.14 ALLOWANCE ALLOCATIONS:

A. The tracking system administrator shall record the allowances for each WEB source in the compliance account for a WEB source once the allowances are allocated by the department under Section Cl of the

Section 309 Regional Haze State Implementation Plan Element: Albuquerque

- Bernalillo COllnD', New Mexico. If applicable. the tracking system administrator shall also record a portion of the SO, allowances in a WEB source's 

### special reserve compliance account to account for any allowances to be held bv the source that conducts monitoring

in accordance with**[~"bse6Ii8n** B] Para!!l'llph (21 of Subsection A of20. 11.46.16 NMAC. Under no circumstances

shall allocations be made that would exceed the allocations available.


### B. The tracking system administrator shall assign a serial number to each allowance 

### in accordance

with Section CI.2 of the Section 309 Regional Haze State Implementation Plan Element: A lbllquerque

- Bernalillo County. Nev.' Mexico.
C. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To

detennine 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.


### D. An allowance is not a property right, and is a limited authorization to emit one ton of 

### S02 valid only for the purpose of meeting the requirements of20. I 1.46 NMAC. No provision of this WEB trading program or other law should be construea to limit the authority of the United States or the department to tenninate or limit such


### authorization.

E. Earll' reduction bonus allocation: Any non-utility WEB source that installs new control


### technolm!v and that, between 2008 and the program trigger year, reduces its permined annual 

### S02 emissions to a level that is below the floor level allocation established for that source in Section Cl of the Section 309 Regional

Ha::e Slate lmplementation Plan Element: Albuquerque

- Bernalillo Countl'. New Mexico. 

### or anv utility that reduces

its pennitted annual SO, emissions to a level that is below best available control technology (BACT). may apply to
the department for an early reduction bonus allocation. The bonus allocation shaH be available for reductions that

occur between 2008 and the program trigger vear. The application shall be submitted no later than 90 days after the



### program trigger date. Any WEB source that applies and receives early reduction bonus allocations shall retain the

records referenced below for a minimum of five years after the early reduction bonus allowance is certified in

accordance with Section C1.1 (a)(3) of the Section 309 Regional Haze Stale Implementation Plan**Element~**

20.11.46 NMAC 8Alhllauerqllf?

- Bernalillo Cmll1n" tv"eli' Mexico. The application for an early reduction bonus allocation shall

contain the following information: (I) copies of all permits or other enforceable documems that include annual**SO~** emissions limits for

the 

### WEB SOurce during the period the 

### WEB source [was geAeratiAg the early reS1::lstisRS] qualifies for an earlv
reduction credit; and such permits or enforceable documents shall require monitoring for 

### Sal emissions that meets

the "equirements in**Para~raphs** (1l and (3) of Subsection A [anE! S.ils.atian C] of20.11.46.16 NMAC and monitoring provisions that were in effect one year prior to the beginning 

### of the credit generating period; (2) [ssJ=lies srsmissisAS mBRitsFifig re13eFts, faT eRe year prier t8 tlte esginRiAg srths sresit geAeratiAg )3ari8Et aRa fur tAe f3erieEt the ')/I;Q saUTee was geAeratiRg tAe early rBal:istieAS, that aSSUmS"! the astl:lal
aARl:lal gO", emissisRS; aREI tHe emissieR5 menitsTiFig reJ38FtS SYriR; tae Greei! generatiRg plaries ml:lst aemeRSl:Fate

that tho aal.al aRR.al SO, emissiaRs lI'e'e aelo,', the 1I00r le,'el alleaatieR eS!aelishea 

### fe, U,at se.,ee 

### iR Seetion FI
C I sftAe imJ3lemsRtatisFi J3lan elemeRt] Reserved; (3) demonstration that the floor level established for the source in accordance with Section C I of the implementation plan element was calculated using data that are consistent with the new monitoring methodology

under Paragraph (I) of Subsection A of 20.11.46.16 NMAC; and ifnew monitoring techniques change the floor

level for the source. then a demonstration of the new floor level based on new monitoring techniques shall be

included in the application.

F. Request for allowances for new WEB sources or modified WEB sources. CI) A new WEB source [aF 

### aR ."istiRg WeB se.Fe. that Ras iRe,.ase.**~Fa** •• atieR**aa~aaitl** thFe.gh a**~ermitte.** ahaRg. iR**s~.Fations** Hn •• F 2Q.l 1.4\ NMAC, 2Q.l HiQ**~IMAC** .F 2Q.\ Hi 1**~IMAC]** may apply to the department for an allocation from the new Source set-aside. as outlined in Section C1.3 of the Section 309 Regional
Haze Stale Imp/ememation Plan Element: Albuquerque

- Bernalillo Count)' New Mexico. Under no circumstances

shall allocations be made that would exceed the allocations available. Ca) A new WEB source is eligible [Ia**a~~Ij']** for an annual floor allocation equal to the lower of

the permitted annual SO, emission limit for that source, [after the seHFO. has ae",,,,.noe. e"eralien] or SO, annual

emissions calculated based on a level of control equivalent to BACT and assumim 100% utilization of the WEB

source. beginning 

### of the first full calendar 

### year of operation. 

### fQl Reserved 

### [\f>l] 

### ill An existing WEB SOurce [is .ligial. la] that has increased production capacity through a permitted change in operations under 20.11.41 NMAC 20.11.60 NMAC or 20.11.61 NMAC, may apply for an (aflR<l&I) allocation [.qHaltethe**~ermitt** •• aRRHal SO •• ",issieR limit 

### fe, tRat se.' •• that is _isHtasle la any
ameHRt af"resHotia"**eapaei~** that is greal.F 

### thaR th. ".rmin.a "ras.otieR**ollJ'aoi~'** feF tRat se.ro. as afJilllHa,y I, 

## 2Qll&.l from the new source set-aside. as outlined in the Section 309 Regional Haze Slate Implementation Plan

Element: Albuquerque

- Bernalillo Countl'. New Mexico. An existing WEB source is eligible for an annual
allocation equal to:

(a) the permitted annual SO

.. emissions limit for a new unit:,or (bl the permitted annual SO, emission increase for the WEB source due to the replacement of

an existin2. unit with a new unit or the modification of an existim! unit that increased production capacity of the

WEB source. 

### [tell ill A source that has received a retired source exemption under Subsection D of

20.11.46.11 NMAC is not eligible [te**lIJ'~Jj']** for an allocation from the new source set-aside. 

## [P-1J ill The application for an allocation from the new source set-aside shall contain the following
infonnation: Ca) for an existing WEB 

### [-1 source. documentation that shows the permitted production capacity of the source before and after the neW" permit; Cb) for new WEB [SffilfSOS] source or a new unit. documentation of the actual date of the

commencement 

### of operation and a copy 

### of the permit. [20.11.46.14 NMAC

- N. 12/31/03; A, 9/15/08; A, 5/16/i I]

20.11.46.15 ESTABLISHMENT OF ACCOUNTS:

A. IAllo",aRee tFael,ing system 

### I WEB EATS accounts: All 'NEB sources shall open a compliance

account. Any person may open a general account for tbe purpose 

### of holding and transferring allowances. In addition, if a WEB source conducts monitoring under [S..es.et;eR Il] Parasrraph (22 of Subsection A of 20.11.46.16 NMAC, the WEB source shall open a special reserve compliance account for allowances associated with units

monitored under those provisions. [The 'NEB SSl:lrse aHa asssant re]3FeSeRtative saalJ Have AS Fights te 13=aFlsfer

allawaRe.s in aF e.l ef sea"**s~.eial** Fes.,,'.**eem~liaRe.** aaee.RI. Th • •**e~al~m.Rt** shall alleeat. allewaRe.s Ie t"e

20.11.46 NMAC 9aaoa""! i" aaaardan •• ''';111**Paragra~h** ('j afS"",.elia" B af2Q.II.4e.le**tl~MC** a"d all s"ah allawanaes fer eaoh


### 00IlIf<>I**~eri"d** ,hall Be retire" eaol1 year 10**.sm~ll'** wi!h 20.11. le.1 P NMAC. Un"e, "" airOHmSla".e. shall

allaeatis"s Be ma". th.t ,"sHI" e"oee" the aIl8a.I;8"5 a'. ailal>le.] To open either type of account. an app lication that


### contains the following informalion shall be submitted:
(I ) the name, mailing address, e-mail address, telephone number, and 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 altemate as required in Paragraph (2) of Subsection A 01"20.11.46.12 NMAC: and

for a general account, include the account certificate 

### of represent arion of the account representative and any alternate

as required in Paragraph (2) of Subsection C of20.1 1.46.15 NMAC; (2) the WEB source or organization name; (3) the type of account to be opened: and (4) identification of the specific units that are being monitored under Para2raph (2) of Subsection A

of20.ll.46.16 NMAC and that must demonstrate compliance with the allowance limitation in the special reserve compliance account: and [f4:)] 

### ill a signed certification of truth and accuracy by the account representative according to Paragraph (2) of Subsec,ion A of20.11.46, 12 NMAC and for compliance accounts and for general accounts, a certification of truth and accuracy by the account representative according to Subsection D of 20.II.46.15 NMAC.

B. Account representative for general accounts: For a general account, one account representative

shall 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 shall be

deemed to be a representation. action, inaction or submission by the account representative.

C. Identification and certification of an account representative for general accounts.
(1 ) The account representative and any alternate account representative shall be appointed by a written agreement that makes the representations, actions, inactions or submissions of the account representative and

any alternate account representative binding on all persons who have an ownership interest with respect to

allowances held in the general account. A copy of the signed agreement shall be provided to the depamnent. (]) The account representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation (certificate) that contains the following elements: (a) Ihe name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate;
(b) the organization name; (c) Ihe 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 carr)' 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 issued to me by the department regarding the general

account. " (3) Upon receipt of the complete certificate by the trackin£ system administrator and the department,
of the complete certificate, which 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 department. (4) No WEB [.lIawaHae IFaaldHg system] EATS 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.

D. Requirements and responsibilities for aeneral 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 persons 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 inquiI)' of those individuals with primary responsibility for obtaining the infonnation, I certify that the statements and information are to the best of

my knowledge and beliertrue, accurate, and complete. I am aware that there are significant penalties for submitting

false statements and infonnation or omitting required statements and infonnation, including the possibility of fine or imprisonment. "

20.11.46 NMAC 10E. Changing the DCCOU!lt representative for general accounts: The account representa[ive Or

alternate account representative rna.\, be changed at any time by sending a complete superseding certificate to the department and the tracking system administrator under Paragrapb (2)-of Subsection C of20.11.46.15 NMAC. witb

the change taking effect upon receipt of such certificate by the tracking system administrator and the department. 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 and the depamnent

receives the superseding certificate shall be binding on the ne"'! account representative and all persons having ownership interest-with respect to allowances held in the general account.


### P. Changes to the Dccount: Any change to the information required 

### in the application for an existing account under Subsection A of20.11.46.15 NMAC sball require a revision oftbe application. [20.11.46.15 NMAC

- N. 12.131103; A, 9115/08; A, 5/16111]

20,11.46.16 MONITORING, RECORD KEEPING AND REPORTING:

____ A=. -,-_General requirements for monitoring methods: [Aol ill-For each SO, emitting unit at a WEB source the owner 01' operator shall comply with the following. as applicable. to monitor and record S02 mass emissions: 

### [t+l] 

### U!l 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 40 CFR Part 75 with respect to monitoring, recording and reporting**SO~** mass emissions; 

### [P-1] 

### ilil 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: [tat] 

### ill a continuous emission monitoring system (CEMS) for SO, and flow that complies with

all applicable monitoring provisions in 40 CFR Part 75; 

### [€91] (ill if the unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in Appendix D to 40 CFR Part 75, or, if applicable. the low mass emissions (LME) provisions (with
respect to SO, mass emissions only) of 40 CFR 75.19; [ta1] 

### iliil one of the optional WEB protocols, if applicable, in 20.11.46.21**NMAC.~** monitoring orillel gas combustion devices or 20.11.46.22 NMAC. protocol WEB 2: predicave flow monitoring
.nJslems for kilns with positive pressure fObric filter; or 

### [€<B] 

### ili'l a petition for site-specific monitoring that the source submits for approval by the department and approval by the EPA in accordance with Paragraph (5) of Subsection [9] 

### Ii of20.11.46.16 NMAC;**[~l** (£) apennanently retired unit shall not be required to monitor under Section 20.11.46.15 NMAC

if such unit was permanently retired and had no emissions for the entire period for which the WEB source implements [PaFagFajlR (J)] Subparagraph (c) of Paragraph (1) of Subsection A of20.11.46.16, and the account representative certifies in accordance with Subsection B of20.11.46.19 NMAC that these conditions were met; and

in the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of

20.11.46.16 NMAC in the same manner as if the unit was a new unit.**[~]** ill-Notwithstanding Paragraph (Jl of Subsection A of20.1 1.46.16 NMAC, the WEB source with a unit that meets one of the conditions of [PaFagFapR (l) efSHes.sFiea >l] Subparagraph (a) of Paragraph (2) of

Subsection A of20.11.46.16 NMAC may electto have the provisions of [P""agFapR (1) af SHesasliaa B] Paragraph (2) of Subsection A of 20.11.46.16 NMAC apply to that unit. 

### [t+l] 

### U!l Any of the following units may implement [S"es.sFieA B] Paragraph (2) of Subsection A of

20.11.46.16 NMAC: [tat] 

### ill any smelting operation where al1 of the emissions from the operation are not dueled to

a stack: or 

### [€91] 

### llil any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refmery; or [fel] 

### iliil any other type of unit without add-on SO, control equipment, if[Re seA(rell

..... 1 was .,s"m.s fer IAe WEB sayre. ia .staeli,AiRg FR.lJaar 1.·

... / laRS ""sHe;al. allesatiaa) pravis •• ia S.slieA Cl aflAe
imJ3lemefltatisfl pJafl: element) the unit belongs to one of the followine source categories: cement kilns. pulp and

paper recoyef\' furnaces. lime kilns or glass manufacturin2. 

### [P-1] 

### ilil For each unit covered by Paragraph (2) of Subsection B of20. 11.46.16 NMAC, the account representative shall submit a notice to request that [SHas.eliea B] Paragraph (2) of Subsection A of 20.11.46.16

NMAC applies to one or mOre SO, emitting units at a WEB source. The notice shal1 be submitted in accordance

with the compliance dates specified in Paragraph (I) of Subsection [M] 

### E of20.1 1.46.16 NMAC, and shall include

20.11.46 NMAC I 1the following information (in a fomlat specified by the department with such additional. related information as may be requested): [W] 

### ill a notice of all units at the applicable source. specifying which of the units are to be

covered by [SHeso.tiaH BJ**Para~raph** (2) of Subsection A of20.11.46.16 NMAC: and
[ (e) saHslst'HI wllA the omissiaH ,slimatlaA .,elhaEialagy HseEi tn Elot •• mine tA'**~aar** 10"01 (aHEI
l'eOOciBI, aliasal;aA) fenll. saH.se in asea.Ela.se wilh S.eliaH C] aflAe ;m!']emonlalia. !']aH olemo.I.I'" !,aFtian

aflA' WeB saH ••• 's a

.... ,all alla'l'a ••• alla.allan Ihat is atlrieHlaBI. la aAl' HHit(s] .a,' •• oEl B;' Paragrap}, (2) af
SHes,sliaA B af2Q.Il.4 •. I.; aAEI] 

### [fG1] ill] an identification of any such units that are pennanently retired.**[~J** (£) For each ne'w unit at an existing WEB source for which the WEB source seeks to comply

with this [SHesoslien B] Paragraph (2) of Subsection A of20, 11.46.16 NMAC, and for which the account representative applies for an allocation under the new source set-aside provisions of Subsection F of20. J 1.46.14
NMAC, the account representative shall submit a modified notice under [PamgrepA (2) af SHes •• tia. B]**Subpara~raph** (b) of**Para~raph** (2) of Subsection A of20.1 1.46.16 NMAC, that includes such new SO, emitting unites). The modified notice shall be submitted in accordance with the compliance dates in Paragraph (I) of

Subsection [M].E of20, 11.46.16 NMAC. but no later than the date on which a request must be submitted under Paragraph (I) of Subsection F of20, 11.46.14 NMAC for allocations from the set-aside,
[ (4) Th. ae!'a_oAlsllali o,'aIHate IAe i.fermatieA sllBmilleEi By Ille \FeB sall •• e i. Pa.ag.""lls (2)

aAa (,] af SHeso.liaA 

### B .f 2Q.1 1.4 •. 1.**~IMAc.** aAa mal" Isslle a .alis. Ie IA' saH'S' ta ",.IHEI. BAy H.iIS tllal aa Aal**~Halify** HAaer Illis SHBse.liaA B af 2Q.I1.4 •. I.**~rMAC** arta aEljllsttA' !,aFtiaA af alla·

... aa.es _IBlIIael. la H.iIS

IAal Ele**~HBlif)'** ta Be .aRsisl'RI witA tile e",issiaA eSlimaliaR metllaEialagy Hsoala estaelisA til. f1aa. level (aaa 

### Tes'tlsia\e aHaeatisR) fer tHe SSHrse.
(j) TIl. a.!'a_eRI sAal1 alla.ate allawaR.es**e~Halla** Ille aEljllsloa!,aFtiaA aftlle \ligB saHrse's

all

...... aRe.s HRae. Paragfa!,lls (2), 

## (n aAEI (4) af SHeseetiaR 

### B af2Q.11.4 •. I.**~rMAC** iA a s!,eeial rese"'e 

### esmplia"se aSSeH"t pfsviEieEi tHat A8 

### sueh t:FeaaRent eftAs 'NBS 

### S8UTee i 

### s alleeatisn 

### will ae feEll::lireEt far aflj 

### unit
tHat is peFffiaRently retiree ana Rae RB emissieRs faF tAe entire periee! feF wkisH tke**JN~BB** 

### S8'tlFee implemeRts
Sueseetiefl H sf2Q.ll.4e.l e**~1t\4AC** B.i\Q 

### ilie aeeS1*\t**fepreSeR4:~** 

### ... e eefti§es 

### iF! ElGGBFaaBBe wi-tft 

### 2Q .11.4e.19 }IM::AC


### tAat these sSRelitisns BFe }Het. IF! 

### tAB event tABt a f1ermaRentl:' retiree unit reeemmeRees 9peFatieR, tHe ,",reB 

### saYree
sRal1 meet the rBElHiFemeats sf SestiaR 2Q. J 

### 1.4(3. I 

## e**~rMAC** 

### iR tHe same fRanller as iftae llnit 'lIas a RBW uait.] [t&)] lQ] [Far eaeA HRil HREIor tllis SHBSOGI;eA B af29.11.4 •. I.**~rM",C,]** The account representative

for 

### a WEB source shall submit an annual emissions statement for each unit under Paragraph (2) of Subsection A of

20.11.46.16 NMAC in accordance with Subsection [9J 

### H of20.11.46.16 NMAC, The WEB source shall maintain operating records sufficient to estimate annual**SO~** emissions 

### in a manner consistent with the emission 

### [estimatiaFl
motllaaBIBg) Hsea ta eSlaBlisA lhe f1aGr}e

... ol (aRa .Ball.iel. allaGatiaR) fer Ille sallrso] invento,,' submitted by the

source for calendar veal' 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 [-l:fftEkH: Pafag>a!'A (j) af SH'esoGliaR Il af2Q.11 ,4., I.**~IMAC]** for the WEB source. the account representative shall report
the excess amount as part of the annual report for the WEB source under 20.11.46, 19 NMAC. compliance and the

WEB source shall [lIS0 alller] obtain and transfer allowances [iA Ill. slaREIafa] into the special reserve compliance

account for the WEB source to account for such emissions, in accordance with 20.11.46.19 NMA 

## c. [A] The remaining provisions of20, J 1.46.16 NMAC shall not apply to units covered by [SHeseGtiaA Il] Subpara!!l'aph (c) of Paragraph (2) of Subsection A of20, 11.46, 16 NMAC except where otherwise noted, 

### [f&1] 

### ill A WEB source may opt to modify the monitoring for an S02 emitting unit to use monitoring

under Paragraph (I) of Subsection A of 20.1 1.46.16 NMAC, but any such monitoring change shall take effect on January J of the next compliance year. In addition,. the account representative shall 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 Subsection [9] 

### .!! of 20.11.46.16 NMAC. The account representative shall also submit a revised

notice under [SlIBs •• liaA Il] Subparagraph (b) of Paragraph (2) of Subsection A of 20.11.46.16 NMAC at the same time that the initial monitoring plan is submitted. [(C,J] lil.-For any monitoring that the WEB source uses under 20.11.46.16 NMAC (including [Paragra!," B] Para!!raph (2) of Subsection A of Section 20.11.46.16 NMAC). the WEB source (and. as applicable,

the account representative) shall implement, certify, and use such monitoring in accordance with 20.11.46.16
NMAC, and shall record and report the data from such monitoring as required in 20.1 J .46, 16 NMAC. In addition,

the WEB source (and, as applicable, the account representative) shall not:

20.11.46 NMAC 12

### [f+JJ [ill except for an alternative approved by the EPA administrator for a WEB source that implements monitoring under Subparagraph Ca) of Paragraph ( I) of Subsection A of 20.1 1.46.16 NMAC, use an altemative monitoring system, altemative reference method or another alternative for the required monitoring

method without having obtained prior written approval in accordance with Paragraph (5) of Subsection [G] 

### J:i of

20.11.46.16 NMAC; 

### [P-il 

### ilil operate an SO, emitting unit so as to discharge. or allow to be discharged. SO, emissions to
the atmosphere without accounting for these emissions in accordance with the applicable provisions of20.11.46.16

NMAC: [f;1J 

### ill disrupt the approved monitoring method or any portion thereof. and thereby avoid monitoring and recording SO:! mass emissions discharged inro the atmosphere. excep! for periods of recertification

or periods when calibration. quality-assurance testing or maintenance is perfonned in accordance with the applicable provisions of 20.1 1.46.16 NMAC: or [(4)] {ill retire or permanently discontinue use of an approved monitoring method, except under one of the following circumstances: 

### [tal] 

### ill during a period when the unit is exempt from the requirements of20.1 1.46.16 NMAC, including retirement of a unit as addressed in Subpara<!Taph (c) of Paragraph (3) of Subsection A of20.11.46.16
NMAC; 

### [fl>1] 

### ilil the WEB source is monitoring emissions from the unit with another certified monitoring method approved under 20.11.46.16 NMAC for use at the unit that provides data for the same parameter

as the retired or discontinued monitoring method; or [toj] 

### iliiJ the account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with 20.11.46.16 NMAC, and the WEB source recertifies thereafter a replacement monitoring system in accordance with the applicable provisions of20.11.46.16 NMAC. [D.I B. Monitoring plan

(I) General provisions: The owner or operator of an SOl emitting unit that uses a monitoring

method under [ParagF"!'H (2)] Subparagraph Cb) of Paragraph (]) of Subsection A of 20.11.46.16 NMAC shall meet
the following requirements:
[t+J] @J prepare and submit to the department an initial monitoring plan for each monitoring method

that the WEB source uses to comply with 20.11.46.16 NMAC; and in accordance with [Sulloe.tie. F] Paragraph (3)
of Subsection B of 20.11.46.16 NMAC, 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 SO, emissions are monitored and reported; and the plan shall be submitted in accordance with the compliance deadlines specified in

Subsection [M] 

### E of20.11.46.16 NMAC; 

### [P-i] fQ} prepare, maintain and submit to the department a detailed monitoring plan prior to the first day of certification testing in accordance with the compliance deadline specified in Subsection [M] 

### E of 20, 11.46.16
NMAC; the plan shall contain the applicable information required by Subsection [±;lJ 

## 12 of 20.11.46.16 NMAC; the department may require that the monitoring plan (or portions thereof) be submitted electronically; and the department also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Paragraph (I) of Subsection [G] 

### H of 20.11.46.16 NMAC or resubmitted separately

after any change is made to the plan in accordance with the following Paragraph (3) of Subsection [±;l]!2 of

20.11.46.16 NMAC; [f;1J 

### ill whenever the WEB source makes a replacement. modification, or change in one of the

systems or methodologies provided for in [ParagrapH (2)] Subparagraph (b) of Paragraph C I) of Subsection A of

20.11.46.16 NMAC, 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 WEB source shall update the monitoring plan within 90 days of the replacement, modification, or change. [lOJ llL-A WEB source with an SO, emitting unit that uses a method under Subparagraph Cal of Paragraph (I) of Subsection A of20.11.46.16 NMAC (a unit subject to 40 CFR Part 75 under a program other than

this WEB trading program) shall meet the requirements of [Sulls •• tie. D tHreugh Sulloe.tiaH I] Subsection B of
20.11.46.16 NMAC 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 the department upon request. 

### [J1.1 llL-lnitial monitoring plan: The account representative shall submit an initial monitoring plan
for each SOl emitting unit (or group 

### of units sharing a common methodology) that, except as otherwise specified in

an applicable provision in 20.11.46.21 NMAC, contains the following information:

20.11.46 NMAC 

### 13

### If-4] U!J for all SO, emitting units involved in the monitoring plan: 

### [fi>JJ 

### ill plant name and 10cO[ion: 

### [f81J (ill plant and unit identification numbers assigned by the departmem; 

### [fe1J.Gill type of unit (or units for a group 

## or units using a common monitoring methodology): [(41].GY1 identification or all stacks or pipes associated with the monitoring plan; 

### [\el] 

### W types of fuel(s) fired (or sulfur containing process materials used in the SO, emining unit), and the fuel classification of the unit if com busting more than one type of fuel and using a 40 CFR Part 7j methodology; [tA] 

### LYiJ type(s) of emissions controls for SO, installed or to be installed, including
specifications of whether such controls are pre-combustion, post-combustion. or integral to the combustion process: 

### [\;g-)] (vii) maximum hourly heat input capacity, or pmcess throughput capacity, if applicable; 

### [i:l>J] (viiil identification of all units using a common stack; and 

### [81J 

### ill indicator of whether any stack identifIed in the plan is a bypass stack; [P-1] 

### QU for each unit and parameter required to be monitored, identification of monitoring methodology infonnation, consisting ofmonitofing methodology, monitor locations, substitute data approach for the methodology. and general identification of quality assurance procedures; and if the proposed methodology is a sitespecific methodology submitted pursuant to 

### [SMepaFagfllph 

### fe) af ParagrapH (2)] Item (iy) of Subpara!!J'aph (b) of Paragraph 

### (I) of Subsection A of 20, 11.46, 16 NMAC, the description under 

### [Paragr"!'H (2) af SMes •• tiaR D] Subpara!!J'aph (b) of Para!!J'aph (3) of Subsection B of 20, 11.46.16 NMAC 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;**[~]** 

## 1£1 if the WEB source intends to petition for a change to any specific monitoring requirement

otherwise required under 20.11.46, I 6 NMAC, such petition may be submitted 

### as part of the initial monitoring plan; 

### [t4:)J {Qj the department 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 20,11.46,16 NMAC. [G.] ID-Detailed monitoring plan: The account representative shall submit a detailed monitoring plan that, except 

### as otherwise specified in an applicable provision in 20, I 1.4621**NMAC~monito"ing** 

### offuel gas comhustion devices or 20.11.46.22 NMAC, protocol WEB 2: eredicf;ve flow monitoring svstems (or kilns with positive pressure fabric filler, shall contain the following infonnation: 

## lH-)J W identification and description of each monitoring component (including each monitor and its

identifiable components, such as analyzer or probe) in a CEMS (e,g" SO, 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 20. 11.46,21 NMAC or 20,1 I .46,22 NMAC, including: 

### [W] 

### ill manufacturer, model number and serial number; 

### [W] 

## ill component or system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer or probe; 

### [\<ll] 

## Dill designation of the component type and method of sample acquisition or operation (e.g., in situ pollutant concentration monitor or thennal flow monitor); [W] fu:.) designation of the system as a primary or backup system; 

### [\<llJ 

## W first and last dates the system reported data; [(f)] 

### LYiJ status of the monitoring component; and 

### [\;g-)] (vii) parameter monitored; 

## [P-1J QU identification and description of all major hardware and software components of the
automated data acquisition and handling system, including: 

## [WJ ill hardware components that perfonn em ission calculations or store data for quarterly reporting purposes (provide the manufacturer and model number); and 

### [i:l>J] 

## ill software components (provide the identification ofthe provider and model or version number);**[~]** 

## 1£1 explicit fonnulas 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 fonnulas shall 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; and 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 75.19(c) is not required to
report such fonnulas;

20. I 1.46 NMAC 14inside cross-sectional area (square feet) at flow monitoring location (for units with flow

identification of the parameter: default, maximum. minimum, or constant value, and units of measure for the value;

purpose of the value;
indicator of use during controlled and uncontrolled hours;
types of fuel;

source ofthe value;

value effective date and hour;

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

for units using the excepted methodology under 40 CFR 75.19, the applicable SO, 

### 1f4l1@**monitor~.** only): 

### lfAl W' ifusing CEMS for SO, and flow. for each parameter monitored**incllld~:** 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 (seth) for each unit or stack using SO:! or flow component monitors;**[~]** 

### ill if the monitoring system or excepted methodology provides for use of a constant, assumed.

or default value for a parameter under specific circumstances. then the following, infonnation for each value of such
parameter shall be included: 

### [fa1] 

### ill 

## It&jHill [(6)] (ill] 

### [!:GJ] 

### 0.YJ
lfell ill 

## [tI'll {yjJ [tgj] (vii) 

### [t!>J] (viii) [fij] 

## iliJ

emission factor; 

### [t+ll {g} 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: 

### [fel] 

### ill the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.\

of Appendix A to 40 CFR Part 75), or thousands of pounds per hour (Ib/hr) of steam, or ftisec (as applicable); 

## [t&jl ili2 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 [pe

.... els par ReO'] Iblhr of steam, or feel per second ft/sec (as applicable); 

### [t£j] 

## Jlill the two load or operating levels (i.e., low, mid, or high) identified in Section 6.5,2. I

of Appendix A to 40 CFR Part 75 as the most frequently used; 

### [!:GJ] 

### 0.YJ 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 

### [fel] ill activation and deactivation dates when the normal load or operating level(s) change
and are updated: [f8j] 

### ilil 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: 

### [fa1] 

### ill the upper and lower boundaries of the range of operation (as defmed in Section 6.5.2.1

of Appendix A to 40 CFR Part 75), expressed in thousands oflb/hr ofsteam; 

### [fIB] 

## ili2 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 Ib/hr of steam; and 

### 1(6)] (ill] the dale of the load analysis used to determine the normal load level, [(9)] 

### ill 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 detennining maximum potential concentration, maximum expected concentration (if applicable), maximum potential flow rate, and span; 

### [t+4J] 

### ill if applicable, apportionment strategies under 40 CFR 75.10 through 75.18; 

### [8--4] 

### ill 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; and for units monitored by a continuous emission monitoring
system, diagrams shall include: 

### [fail ill 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 IPaFagFilpRs (1) aREI (3) efSuesB.li8fl G]**Subpara~raphs** (a) and (c) of**Para~raph** (4) of Subsection B of20.11.46.] 6 NMAC; the schematic diagram must depict the height ofany
monitor locations; and comprehensive or separate schematic diagrams shall be used to describe groups of units using

a common**stac~** and

20. 11.46 NMAC 15[fI>-l] @ 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 equipmenr

that affects the monilOring 

### system location. performance. or qualiry control checks;
[tP-J] 

### ill a data now diagram denoting the complete information-handling path fi'olll output signals of

CEMS components to final reports. 

### [lid L2.l-ln addition to supplying the information in [S"as.etiaRs V ana G]**Para~raphs** (3) and (4) of

Subsection B of20.11.46.16 NMAC above, the WEB source with an SO, emitting unit using either of the methodologies in [S"OpaFagrapl1 (0) af PaFagF.pl, (2)] !tern 

## (m of Subparagraph fbi of Paragr.ph (I) of Subsection

A of 20.1 1.46.16 NMAC shall include the following IIlformation in its monitoring plan for the specific situ.tions

described: [f+)] 

### ill for each gas-fired or oil-fired S0, emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CFR Part 75 for S0, mass emISsions. the [WeB Sa"Fa.] account representative shall


### include the following infonnation in the monitoring plan: [fa1] 

### ill parameter monitored; [fI>-l]@ type offuel 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: [(61] 

## Dill test method used to check the accuracy of each fuel flowmeter; [\<11] {jy] submission stalUs of the data; [(ej] {yJ monitoring system identification code; 

### [EflJ {yj] the method used to demonstrate that the unit qualifies for monthly 

### gross calorific
value (OCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; 

### [tgj] (vii) 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); and comprehensive and separate schematic diagrams shall be used to 

### describe groups of units using a common pipe; 

### [fIB] (viii) for units using the optional default SO, 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; 

### [81] ill;] 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 

### [ill].cxJ 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 OCV sampling frequency, report the procedures used and the results of the test; 

## [P-11 D1J for each S0, emitting unit for which the 

### WEB source uses the low mass emission excepted methodology of 40 CFR 75. ) 9, the 

### WEB source shall include the following information in the monitoring plan that accompanies the initial certification application: 

### [fa1] 

### ill the results of the analysis performed to qualify as a low mass emissions unit under 40

CFR 75.19(c); this report shall include either the previous three years actual or projected emissions; and the following items shall be included: a) current calendar year of application; b) type of qualification; c) years one, two,
and three; d) annual measured, estimaled or projected S0, mass emissions for years one, two, and three; and e)


### annual operating hours for years one, two, and three; 

## [Wl @ a schematic diagram identifying the relationship between the unit, all fuel supply lines

and tanks, any fuel flowmeter(s), and the stack(s); and comprehensive or separate schematic diagrams shall be used



### to describe groups of units using a common pipe; [fel] 

## Dill 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; [\<11] {jy] a statement that the unit bums only gaseous fuel(s) or fuel oil and a list of the fuels

that are burned 

### or a statement thatthe unit is projected to burn only gaseous fuel(s) or fuel oil and a list of the fuels

that are projected to be burned; [(ej] {yJ a statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and (b) with respect to S0, emissions; and 

## [fflJ {yj] any unit historical actual, estimated and projected S0, emissions data and calculated S0, emissions data demonstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75. I 9(a) and
(b).

20.11.46 NMAC 16[(;1] 

### i.£J for each gas-fired unit the [WEB '"H'.O] account reoresentative shall include the following

in the monitoring plan: current calendar year, fuel usage datCl as specified in the definition of'"gas-fired'· in 40 CPR**71.~,** 

### and an indication orwhether the data are actual or prqjected data. [!ol ill-The specific elements ofa monitoring plan under [SHeSOeli8. D sf] 20.11.46.16 NMAC

shall not be part of an operating permit for a WEB source issued in accordance with the Title V of the Clean Air

Act. and modifications to the elements of the plan shall not require a pennit modification. [.hI C. Certification and recertification: (1) All monitoring systems are subject to initial certification and recertification testing as specified in

40 CFR Part 75, 20.11.46.21 NMAC or: 20.1 1.46.22 NMAC. Certification or recertification of a monitoring system by the EPA for a WEB source that is subject 10 40 CFR Part 75 under a requirement separate from 20.11.46 NMAC
shall constitute certification under the WEB Trading Program,
(2) The WEB source with an SO, emitting unit not otherwise subject to 40 CFR Part 75 that monitors
SO, mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of20.11.46.16 NMAC shall perfonn all of the tests required by that regulation and shall submit the following: (a) a test notice, not later than 11 days before the certification testing of the monitoring system, provided that the department may establish additional requirements for adjusting test dates after this notice as part of

the approval of the initial monitoring plan under [SHeso.li8. F] Paragraph (3) of Subsection B of 20.11.46.16

NMAC: Cb) an initial certification application within 45 days after testing is complete: [(ej] 

### ill a monitoring system shall be considered provisionally certified while the application is pending, and the system shall be deemed certified if the department does not approve or disapprove the system
within six months after the date on which the application.!s submitted; [f<ll] 

### W both at the time of the initial certification or recertification application submission and

at the time of the audit, if an audit of any monitoring certified under 20.11.46 NMAC, 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 perfonnance specification or other requirement of 20.11.46 NMAC,

the department will issue a notice of disapproval of the certification status of such system or component: for the

purposes of Paragraph (2) of Subsection 

### [JJ of20.11.46.16 NMAC, an audit shall be either a field audit of the facility or an audit of any infonnation submitted to the department 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 [SlIeSO.li8. J 81] 20.11.46.16 NMAC; and the WEB source shall apply

the substitute data procedures in [SHeS •• lis. L 81] 20.11.46.16 NMAC to replace, prospectively, all of the invalid, non-quality-assured data for each disapproved system or component.**[~J** D. Ongoing quality assurance and qualit)' 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 20.11.46.21 NMAC, monitoring offllel gas combustion devices. the applicable quality-assurance

and quality control requirements in 20.11.46.21 NMAC on and after the date that certification testing commences. [I,.I E. Substitute data procedures: (I) 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 20.11.46 NMAC, 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 20.11.46.21 NMAC.**SO~** moniroring offllel gas combustion devices or 20.1 J .46.22 NMAC, pr%col WEB 2: predicfh1e flow lI1onUor;nv svstems for kiln

... li1ith oosU;ve pressure fabric filter. with

substitute data in accordance with 20.11.46.21 NMAC.**(~)** For an**SO~** 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: Ca) if the WEB Source will use a CEMS to comply with 20.11.46.16 NMAC, substitute the
maximum potential concentration of S02 for the unit and the maximum potential flow rate, as determined in

accordance with 40 CFR Part 75; and the procedures for conditional data validation under Section 75.20(b)(3) may be used for any monitoring system under 20.11.46 NMAC that uses these 40 CFR Part 75 procedures, as applicable; (b) 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 porential fuel flow

rate, in accordance with Section 2.4 of Appendix D to 40 CFR Pm175;

20.11.46 NMAC 17(c) 

### if the WEB source will use the 40 CFR Part 7S methodology for 10'" mass emissions units,
,ubstitute the SO, emission factOl' 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 (d) if u'ing a protocol in 20.11.46.21 NMAC or 20.1 1.46.22 NMAC. follow the procedures in

the applicable protocol. [Mol F. Compliance IlIeallliRel deadlines: (I) The initial monitoring plan shall be submitted 

### by the following dates:
(a) for each source that is a WEB source on or before the program trigger date, the monitoring plan shall be'submitted J 80 days after such program trigger date; (b) for any existing source that becomes a WEB source after the program n'igger 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 (100 tpv SO,): (c) for any new WEB source. the monitoring plan shall be included with the permit application

under 20.11.41 NMAC, 20.11.42 NMAC. 20.11.60 NMAC or 20.11.61 NMAC. (2) A detailed monitoring plan required under [S"eseetia" 6] Subparagraph fb) of Paraffaph I I) of

Subsection B of20.11.46.16 NMAC shall be submined no later than 45 days prior to commencing certification as required by Paragraph (3) of Subsection 

### [M].E 0120.11.46.16 NMAC. Modifications to the monitoring plan shall

be submitted within 90 days of implementin!! revised monitoring plans. (3) Emission monitoring systems shall be installed, operational and shall have met all of the

certification testing requirements of 

### [tlti5] 20.11.46.16 NMAC (including any referenced in 20.11.46.21 NMAC or
20.11.46.22 NMAC) by the following dates: (a) 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 20.11.46.19 NMAC, compliance;
(b) 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 [SHbflaFagF8flA (e) afPaFIIgF8flh (2) afS"eseetiaR M] Subparaffaph

fbl ofParaffaph 

### III of Subsection F 0120.11.46.16 NMAC: (c) for any new WEB source, or any new unit at a WEB source under Subparagraph (a) or (b)

of Paragraph (3) of Subsection 

### [M] .E 0120.11.46.16 NMAC: the earlier of 90 unit operating days or 180 calendar
days after the date the new source commences operation. (4) The WEB source shall submit test notices and certification applications in accordance with the

deadlines set forth in Paragraph (2) of Subsection [J] 

## s;: of20.11.46.16 NMAC. (5) For each applicable control period, the WEB source shall submit each quarterly report under

Subsection [G] 

### H 000.11.46.16 NMAC by no later than 30 days after the end of each calendar quarter and shall

submit the annual report under Subsection [G] 

### H 0120.11.46.16 NMAC no later than 60 days after the end of each

calendar year. IN.) G. Record keeping: (I) The WEB source shall keep copies of all reports, registration materials, compliance certifications,

sulfur dioxide emissions data, quality-assurance data, and other submissions under 20.11.46 NMAC for a period of

five years. In addition, the WEB source shall keep a copy of all account certificates of representation for the

duration of this program. Unless otherwise requested by the WEB source and approved by the department, the copies shall be kept on site at the source. (2) The WEB source shall keep records of all operating hours, quality-assurance activities, fuel sampling measurements, hourly averages for S02, stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specifIed in 20.11.46.16 NMAC, 20.11.4621 NMAC or in

20.11.4622 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO, emining unit that uses a 40 CFR Part 75 monitoring method to meet the requirements of 20.11.46. 16 NMAC. lQ,j 

### H. Reporting. (I) Quarterly reports. For each SO, emining unit, the account representative shall submit a quarterly report within 30 days after the end of each calendar quarter. The report shall be in a fonnat specified by

the department to include hourly and quality-assurance activity information and shall be submitted in a manner compatible with the [emissiaRs tfaokiRg aataease lIasig"aa far the 

### WEB lFaaiRg flFagram] WEB EATS. If the WEB

source submits a quarterly report under 40 CFR Part 75 to the EPA administrator, no additional report under Paragraph (I) of Subsection [G] 

### H of20. 11.46.16 NMAC shall be required, provided, however, that the department

may require that a copy of that report (01' a separate statement of quarterly and cumulative annual SO, mass emissions, be submined separately to the department.

20.11.46 NMAC 18(2) Annual report. Based on the quarterly reports. each \VEB source shall submit an annual

statement of total annual**SO~** emissions for all**SO~** emitting units at the source. The annual report shall identify the**~Q[al** emissions for all units monitored in accol'dance with Para!!raph (I) of Subsection A of 20.11.46.16 NMAC and

the lotal emissions for all units with emissions estimated in accordance with 

### [S-OOseetisR B] Parac!Taph (1) of

Subsection A of 10.11.46.16 NMAC The annual report shall be submitted within 60 days after the end of a control periud. (3) lfthe department so directs. allY monitoring plan, report. certification, recertification. or emissions data required to be submitted under 10.11.46.16 NMAC shall be submitted to the tracking system
administrator. (4) The depattment may review and reject any report submitted under Subsection [Q] 

### J::! of

10.11.46.16 NMAC that contains errors or fails to satisi')' the requirements of 10.1 1.46.16 NMAC, and the account representative shall resubmit the report to correct any deficiencies.

I. Petitions:
[EBJ 

### ill A WEB source may petition for an alternative to any requirement specified in [Paragra!," (1)

arSHeseetieR A J**Subpara~raph** (b) of**Para~raDh** (]) of Subsection A of10.11.46.16 NMAC. The petition shall require approval of the depattment and the EPA administrator. Any petition submitted under [P

.... gra!'" (§) ef

SHBseetiaR 

### 0] Paragraph (I) of Subsection I of10.11.46.16 NMAC shall include sufficient information for the

evaluation of the petition, including, at a minimum. the following infonnation: (a) identification of the WEB source and applicable SO, emitting unites); (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; (d) 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 of10.11.46 NMAC and that

any adverse effect of approving such alternative will be de minimis; and (e) any other relevant information that the depattment may require. [te1] 

### J, For any monitoring plans, reports, or other information submitted under [2Q.l1.1e.16]

10.11.46 NMAC, the ["'!>ell seltree] account representative shall ensure that. where applicable, identifying

infonnation is consistent with the identifying infonnation provided in the most recent certificate of representation

for the WEB source submitted under 10.11.46.11 NMAC .account rearesenlalive (or WEB sources. [10.11.46.16 NMAC

- N, 11/31103; A, 9/15/08; A, 5/16/11J



### 20.11.46.17 ALLOWANCE TRANSFERS:

A. Procedure: To transfer allowances. the account representative shall submit the following

infonnation to the tracking system administrator: (I) the transfer account number(s) identifying the transferor account; (1) the transfer account number(s) identifying the transferee account; (3) the serial number of each allowance to be transferred; and (4) the transferor's account representative's name and si,b'11ature and date of submission.

B. Deadline: The allowance transfer deadline is midnight pacific standard time March I 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 rracking system administrator in order to demonstrate compliance under [SHeseetieH A et]

10.11.46.19 NMAC for that control period.

C. Retirement of allowances: To transfer allowances for the purpose of retirement. the account representative shall submit the following information to the tracking system administrator: (I) the transfer account number(s) identifying the transferor account; (1) the serial number of each allowance to be retired; and (3) 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. [10.11.46.17 NMAC

- N, 12/31/03; 

### A. 5/16/11]



### 20.11.46.18 USE OF ALLOWANCES FROM A PREVIOUS YEAR:

20.11.46 NMAC 19

### A. Any allowance that is held in a compliance account or general account shall remain in such an
account unless and until the allowance is either deducted in conjunction with the compliance process, or transferred

to another account.

B. In order to demonstrate compliance under Subsection A of 20.1 1.46.19 NMAC for a control 

### period, WEB sources shall only use allowances allocated for that current control period or any previous year. Because all allowances held in a special reserve compliance account for a WEB source that monitors certain units in

accordance with [SYBsestieR Q] Paragraph (2\ of Subsection A of20.11.46.16 NMAC will be deducted for 

### compliance for each control period, no banking of such allowances for use in a subsequent year is permitted by

20.11.46 NMAC.


### C. If flow control procedures for tHe current control period have been triggered as outlined in Section
C4.:! of the Section 309 Regional Haze Stall' Implementation Plan Element: Albuquerque

- BernaliUo COunfl'. New Mexico, then the use of allowances that were allocated for an)' previous year shall be limited as follows: (1) 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 shall be determined; (2) the number determined in Paragraph (I) of Subsection C of20.11.46.18 NMAC shall be multiplied by the flow control ratio established in accordance with Section C4.2 of the Sect jon 309 Regional Haze

State implementation Plan Element: Albuquerque

- Bernalj/lo Countl' Ne11' Mexico. 

### to detennine the number of

allowances that were allocated for a previous year that can be used without restriction for the current control**period~** (3) allowances that were allocated for a previous year in excess of the number determined in Paragraph (2) of Subsection C of 20.11.46.18 NMAC may also be used for the current control period; and if such

allowances are used to make a deduction, two allowances shall be deducted for each deduction of one allowance required under 20.11.46.19 NMAC. compliance.

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

been determined in accordance with Subsection A of20.ll.46.19 NMAC, 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.

E. Special reserve compliance accounts. Unused allowances in anv special reserve compliance

account will be retired after the compliance deductions under 20.1 1.46.19 NMAC have been completed for each

control period. and shall not be available for use in any future control period. [20.11.46.18 NMAC

- N, 12/31/03; A, 9/15/08; A, 5/16/11]

20.11.46.19 COMPLIANCE:

A. Compliance with allowance limitations: (1) 

### In accordance with Paragraphs (2) and (3) of Subsection A of 20.11.46.19 NMAC and

20.11.46.18 NMAC, the 

### WEB source shall hold allowances, 

### 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 [SYBseetiea Q] Para!!1'aph (2) of Subsection A of20.11.46.16 NMAC) in an

amount not less than the total SO, emissions for the control period from the 

### WEB source, as determined under the monitoring and reporting requirements of 20. I 1. 46.16 NMAC. 

### (a) 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 SO, emissions exceeded the

milestone in accordance with procedures in Part A of the Section 309 Ref!ional Haze State Implementation Plan

Element: Alhuquerque

- Bernalillo COUll"! New!l1exico. 

### (b) F or 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
SO, emissions threshold. (c) 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. 

### (d) If the WEB trading program is triggered in accordance with the 2013 review procedures in
Section A4 of the Section 309 ReviQnal Ha=e State Implementation Plan Element: ALbuquerque

- Bernalillo Cmmtv,

New Mexico, 

### the first control period for each source that is a WEB source on or before the program trigger date is

the year 2018. (2) Allowance transfer deadline: An allowance may only be deducted from the WEB source's 

### compliance account if:

20.11.46 NMAC 20

### (a) the allowance was allocated for the current (,;onrrol period or meets the requirements in
20.11.46.1 S NMAC. lise o(allowances (ro/1/ a previous veal'. 

### for use of allowances from a previous control period.

and (b) 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**con~'ol** period, (3) Compliance with allowance limitations shall be determined as follows: ta) the total annual SO, emissions for all SO, emitting units at the source that are monitored

under [S"es.elieR BJ Paragraph (21 nf Subsection A of 20, I 1.46, I6 NMAC, as reponed by the source in Paragraph (2) and Paragraph (4) of Subsection [0] 

### 1::! of 20, 11.46,16 NMAC, and recorded in the [.missieRs lfoekiR; aOloeosoJ

WEB EATS, shall be compared to the allowances held in the source's special reserve compliance account as of the

allnwance transfer deadline for the current control period, adjusted in accordance with 20, 11.46, 18 NMAC, use of

allowances from a nreviolls vear, 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; and if the total emissions


### from such units exceeds the allowances in such special reserve compliance account, the \VEB source shall account

for such excess emissions in Subparagraph (b) of Paragraph (3) of Subsection A of 20, I 1.46,19 NMAC; (b) the total annual So, emissions for all SO, emining units at the source that are monitored

under Paragraph (I) of Subsection A 0[20, 11.46,16 NMAC, as reponed by the source to the director. as required by Paragraph (2) and Paragraph (4) of Subsection [0] 

### 1::! 0[20, I 1.46,16 NMAC, and recorded in the [emissieRslf.ebRg

aOIOeOSOJ WEB EATS, together with any excess emissions as calculated in the SUbparagraph (a) of Paragraph (3) of

Subsection A 0[20, I 1.46,19 NMAC, 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 20,11.46,18 NMAC,

use of allowances from a previous vear; (c) if the comparison in Subparagraph (b) of Paragraph (3) of Subsection A 0[20, I 1.46, 19

NMAC 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

Subsection C 0[20, I 1.46,19 NMAC, (4) Other than allowances in a special reserve compliance account for units monitored under [SHeS •• I;e8 B] Paragraph (2) of Subsection A 0[20, I 1.46,16 NMAC, to the extent consistent with 20, II ,46, 18
NMAC, use of allowances from a previous veal'; 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 [SHeso.tieH B] Para!!l1lph (0) of Subsection A 0[20,11.46,16 NMAC shall be

deducted as specified in Subparagraph (a) of Paragraph (3) of Subsection A of 20, 11.46, 19 NMAC,
B, C.rtificatipn of compliance: (I) For each control period in which a WEB source is subject to the allowance limitation, the account representative ofthe source shall submit to the depanment a compliance cenification rep on for the source, (2) The compliance cenification repon shall be submined no later than the allowance transfer

deadline of each control period, and shall contain the following: (a) identification of each WEB source; (b) 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 (c) the compliance cenification repon according to Paragraph (3) of Subsection B of
20,11.46,19 NMAC (3) In the compliance ceniflcation repon, 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, during

the control period covered by the report, in compliance with the requirements of the WEB trading program applicable to the source inclUding: (a) whether the WEB source operated in compliance with the SO, allowance limitation;

20,11.46 NMAC 21

### (b) whether**SO~** 

### emissions data has been submitted to the depal1men\ in accordance with

::W. \ 

### 1.46.16 NMAC and other applicable guidance, for review_ revision as necessary, and finalization for forwarding

to the SO:; allowance tracking system for recording: (c) whether the monitoring plan that governs the WEB source ha.s been maintained to reflect
the'actual operation and monitoring of the 

### source. and contains all information necessary [Q 

### attribme SO:: emissions

to the source, in accordance with Para!!l'aph (1) of Subsection A of 20, 11.46.16 NMAC: (dl whether all the SO, 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~** (e) if applicable, whether an)' SO, emining unit for which the WEB source is not required to monitor in accordance with**[paragra~h** (3) 8f 

# £"", •• 1;8" A] Subpara!!l'aph (cj of Paragraph (I) of Subsection A of 20, I 1.46.16 NMAC remained pennanentl)' retired and had no emissions for the entire applicable period; and
(f) whether there were any changes in the method of operating or monitoring the WEB SOUrce


### that required monitor recertification; and 

### if there 

### were any such changes, the report shall specify the nature, reason, and date of the change, the method to detennine compliance status subsequent to the change, and specificall)', the



### method to detennine SO:! emissions.
C. Penalties for an" WEB source exceeding its allowance limitations:
(I) Allowance deduction penalt)': (a) If emissions from a WEB source exceed the allowance limitation for a control period, as detennined in accordance with Subsection A of20.ll.46.19 NMAC, the source's [aIl8.,.aR •• 

### J allowances held in its 

### compliance account will be reduced by an amount equal to three 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 shall 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. (b) An)' allowance deduction required under 20.11.46.19 NMAC shall not reduce or otherwise

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. Accordingly, a violation can be assessed each day of the

control period for each ton of SO, emissions in excess of its allowance limitation if the department so chooses. (2) Reserved D, Lia bilit)': (I) 

### WEB Source liability for non-compliance:**[S.~aral.** fr8rll aR" r.gar"l.s, 8faA)' a"lslRali.**~.Ralli.,** ass.ss." far anSwaR •• ".""elisR**~.Ralt)'l** A WEB source that violates any requirement of 20.1 1.46

NMAC is subject to administrative, civil and criminal penalties under the Air Quality Control Act and the Clean Air


### Act. separate from and regardless of any automatic penalties assessed for allowance deduction penalty, Each day of

the control period is a separate violation, and each ton of SO:! emissions in excess of a source's allowance limitation
is a separate violation. (2) Generalliabilil)': (a) 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. (b) Any person who violates any requirement or prohibition of the WEB trading program shall

be subject to enforcement pursuant to applicable state, tribal or federal law. 

### (c) 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. [20.11.46.19 NMAC

- N, 12/31/03; A, 9115/08; A, 5116111]

20.11.46.20 SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE: A, If the WEB trading program is triggered as outlined Part A of the 

### Section 309 Regional Haze State Implementation Plan Element: Albuquerque

- Bernalillo COlin"'. New Mexico, 

### and the first control period will not

occur until after the year 20 18. the following provisions shall apply forthe 2018 emissions year. (J) All WEB sourCes shall register, and open a compliance account within 180 days after the program trigger date, in accordance with Subsection A of20.11.46.13 NMAC and 20.11.46.15 NMAC. (2) The tracking system administrator shall record the allowances for the 20 18 control period for each

WEB source in the source's compliance account once the department allocates the 20 18 allowances under Section

20.11.46 NMAC 22C I and 0 I of the Section 3119 Regional Haoe State Implemel1lation Plan Element: Albuauerque

- Bernalillo COl/nil'.

I!".!?]!' MexifQ. (3) The allowance lransfer 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 Sub'ection A of 20.IIA6.17 NMAC until the allowance transfer deadline. (4) A WEB source shall hold allowances allocated for 2018 including those transferred into the compliance account or a special reserve account by an allowance transfer correctly submitted by the allowance

c'ansfer deadline, in an amount not less than the WEB sources total SO, emissions for 20 18. Emissions shall be

determined using the pre-trigger monitoring provisions in Part B of the Section ]09 Regional Haze Stale implementation Plan Element: Alhuquerque·- BernaJiJJo Counh', New Mexico, and 20, 11.46.9 NMAC. (5) In accordance with Subsection 00[20.11.46.18 NMAC. and Paragraph (4) of Subsection A of

20.11.46.20 NMAC. the department shal] seek at least the minimum financial penalty of $5000 per ton of SO,
emissions in excess 

### of the WEB source's allowance limitation. (a) Any source may resolve 

### its excess emissions violation by agreeing to a streamlined

settlement approach [wIleFe] wherebv the source pays a penalty of $5000 per ton or partial ton of excess emissions,

and payment is received within 90 calendar days after the issuance of a notice of violation. (b) Any source that does not resolve its excess emissions violation in accordance with the

streamlined settlement approach in Subparagraph (al of Paragraph (5) of Subsection A of20.11.46.20 NMAC will

be subject to formal enforcement action. in which the director shall seek a financial penalty for the excess emissions

based on New Mexico's statutory maximum civil penalties. (6) Each ton ofS0 1 emissions in excess ofa source's allowance limitation is a separate violation and

each day of a control period is a separate violation.

B. If the program has been triggered and the provision in Subsection A of20.] 1.46.20 NMAC is implemented the provisions in Subsection C of 20.11.46.20 NMAC shall continue to apply for each year after the

2018 emission year until:
(]) the Iirst control period under the WEB trading program under Subparagraph (a) of Paragraph (1)

of Subsection A of20.1] .46.] 9 NMAC; or (2) the department determines, in accordance with Section A3.1 0 of the Section 309 Regional Haoe

Stale implementation Plan Element: Albuquerque

- Bernalillo Count" New Mexico, that the 2018 SO, milestone has
been met.

e. If the special penalty provisions [fef] continue after the vear 2018 [mileslane far 2QJ9 aantral paria •
..,. eaaA aantral peria. IAereafter as pra,'i.e. Hn.er SHesealian 8**af2Q.Il.4~.2Q** plMAC inalH.e lhe

fall.·

.... ing:] as outlined in Subsection B of20.1 ] .46.20 NMAe. the deadlines listed in Para!!Taphs PH5) of

Subsection A of20.11.46.20 NMAC will be adjusted 

### as follows:
( I) for the 2019 control period, the dates will be adi usted forward bv one year. except that the

allowance transfer deadline 

### [ts] shall be midnight Pacific Standard Time on May 3 I, 2021 (or if this date is not a business day, midnight of the first business day thereafter); ['.1'£8 saHrees m"" transfer allaw..,aes as pr.vi.e. in

SHeseelian A**.f2Q.II.4~.17** plMAC Hnlillhe aliaY/aneelransfer .ea.line;] and (2) [e 1,1/£8 S.Hree mHsl hal. allawanees allaeate. far IAe 2Q19 eantral periaa, inalHaing Ihase

lTaRsfeFTe. inla Ihe eamplianee aaeaHnle) an allew..,ee traRsfer eaFTeetly sHemillaa ey Ihe allawanae _sfer e1eaelline, in an aFA81::1Rt Ret less**t~an** tAe l}/BB SBl::lrSe'S tstal £0 4 emissisRS far tAe 2Q 19 eSRtFsl J3erise; emissisAS

are aetermin8El 1:isiHg tAe fiFe trigger FAsflitsFing J3FsvisisRs ill PaR 13 sf**t~e** ImpleFA8ntatisll Plan, BRel 1 Q.II. 4 e.9
m1.",C; (J) in aeaara..,ee wilA SHesealiaR D**af2Q.ll.4~.18** NMAC

. ..,a Paragraph (4) afSHeseelian A af**2Q.Il.4~.2Q** plP4AG.IAe aepartmeRt sAall seel' at least IAe miRimHm fiRaRaial peRall)**af~5QQQ** per Ian afSO.

emissisAs ill Bneess eftRe 

### ','£B ssw-se's alle'NBA6e limitatien; fa) aAY SSHFee may passIve its e,,68S5 8FAissisFlS vislati8n ay agreeing t8 a StFeaFAiiflee

seltlemeRI appraaah where IAe saHr6e pays a peRalt;, af$5QQQ per laA ar partiallaA af e"eess emissians, aAa**~aymeAt** is resei\'ee withiR 9G**e~siness** sa)'s aFter tAB iS51:1aF16e efa flotiee efvielation; (e) aR:' SSHFse that s8es flSt Fesslve its e1>685S emissisR5 vielatisn in a6seraa8se witA tAe

slreamlinea selllemeRI appraaeA in ParagrapA (5) afSHeseeliaA A aPQ.1**U~.?Q** NHAC willee sH":iee! la fa_al

enfareemeRI aeliaA. iR wAiaA IAe aepartmeA! shall seell a finaReial penalt;,' far IAe e"eess emissiaAs e

.. ea aA pie",

M8Jiiss's statHtsr)' mBnimHfFl eivil peRalties;
(4) easR teR**ofSO~** emissisRS iR eJt6ess sfa seHree's alls'llaAse liFR:itatisR is a**se~arate** vielatiefl Bfld

eaeA aay af a eaAtral periaa is a separate vialalian;]

20. J ].46 NMAC-----j(:;;.+l -]for each conrrol period after**[~]** 2018 that the special penalty [is] provisions are assessed, the

dares and deadlines in**[P.rag",,~k** f J ) tl,,""gh (4)] Para2raphm of Subsection C of 20.11.46.20 NMAC above for

.the 2019 control period will be adjusted forward by aile year.

___**...!D".~** 

### TJJe trackin2. svstem administrator will record the same number of allowances for each v..'EB

source as were recorded fOr the 2018 control period for each subsequem control period.
[20.11.46.20NMAC

- N, 12/31/03; A, 9/15/08; A, 5/16/11]

20.11.46.21 

### A.

refineries. ( I) PROTOCOL WEB 1: SO, MONITORING OF FUEL GAS COMBUSTION DEVICES; Applicability.

The provisions of this protocol are applicable to fuel gas combustion devices at petroleum

(2) Fuel gas combustion devices include boilers, process heaters. and flares used to burn fuel gas generated at a petroleum refinery. (3) Fuel gas means any gas, which is generated. and combusted at a petroleum refmery. Fuel gas does not include: (a) natural gas, unless combined with other gases generated at a petroleum refinery; (b) gases generated by a catalytic cracking unit catalyst regenerator; (c) gases generated by fluid cOking burners; (d) gases combusted to produce sulfur or sulfuric acid; or (e) process upset gases generated due to startup, shutdown, or malfunctions.

B. Monitoring requirements. (I) Except as provided in Paragraph (2) and Paragraph (3) of Subsection B of 20.11.46.21 NMAC.

fuel gas combustion devices shall use a continuous fuel gas monitoring system (CFGMS) to detennine the total

sulfur content (reported as H,S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to
detennine the amount of fuel gas burned. (a) 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. (b) The CFGMS shall meet the perfonnance requirements in Perfonnance Specification 

### 2 in Appendix 

### B to 40 CFR Part 60, and the following: (i) continuously monitor and record the concentration by volume of total sulfur compounds in the gaseous fuel reported as ppmv H,S; (ii) have the span value set so that the majority ofreadings fall between 10 and 95% of

the range; (iii) record negative values of zero drift, for initial certification and daily calibration error
tests; (iv) calibration drift shall be 5.0% of the span; and (v) [",ethaas J$A, Ie, ar ""pra"e. altel'llati','es fer tetal 

### sHiRl,,] use EPA Test Method [5A or 16. or an approved alternative test method to determine total reduced sulfur emissions; these are the

reference methods for the relative accuracy test; and the relative accuracy test sball include a bias test in accordance

with Paragraph (3) of Subsection D of20.11.46.21 NMAC. (c) All continuous fuel flow meters shall comply with the provisions of Section 2.1.5 of Appendix D to 40 CFR Part 75. (d) The hourly mass SO, emissions rate for all the fuel combustion devices monitored by this approach shall be calculated using the following equation:
E, (Cs)(Or)(K); where;
E, Total SO, emissions in Ib/hr from applicable fuel gas combustion devices;

C s = Sulfur content of the fuel gas as H,S (ppmv);

Or = Fuel gas flow rate to the applicable fuel gas combustion devices (scf/hr); and

K 

### = 1.660 x 10. 7 (Ib/scf)/ppmv. (2) [IB pla.e at] As an alternative to using a CFGMS [ffi] as required by Paragraph (I) of Subsection

B of20.1 1,46.21 NMAC, fuel gas combustion devices having a common source of fuel gas may be monitored with

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

fuel gas combustion devices. Continuous fuel flow meters shall be used in accordance with Paragraph (2) of

20.1146 NMAC 24Subsection B of20.1**1.46.~** I NMAC, and the fuel gas combustion device monitored by 

### a CEMS shall have separate
fuel metering. (a) Each CEMS tor SO, and flow. and (if applicable) moisture, shall comply with the operating requirements, performance specifications, and quality-assurance requirements of 40 CFR Parr 75. (b) All continuous fuel flow meters shall comply with the provisions ofSecrion :!.1.5 of Appendix D to 40 CFR Part 75. (c) The**SO~** hourly mass emissions rate for all the fuel gas combustion devices monitored by

this approach shall be detennined 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: E, (Em)(O,)/(Om); where:
E, Total SO, emissions in Ib/hr from applicable fuel gas combustion devices;

Em SO, emissions in Ib/hr from the CEMS-monitored fuel gas combustion device, calculated using Eqllation F-I

or (if applicable) F-2 in Appendix F to 40 CFR Part 75; 

### 0,

= Fuel gas flow rate (scf/hr) from applicable fuel gas combustion devices; and

Om Fuel gas flow rate (scf/hr) to the CEMS-monitored fuel gas combustion device.
(3) [IR I'loa. at] As an additional alternative to using a CFGMS [iHJ as required bv Paragnaph (I) of

Subsection B of 10.1l.46.21 NMAC, fuel gas combustion devices having a common source of fuel gas may be

monitored with an SO,

- diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO, emission rate (lb SO,/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 (I) of Subsection B of20.11.46.21 NMAC,

with separate fuel metering for the CEMS-monitored fuel gas combustion device. (a) Each SO,. diluent CEMS shall comply with the applicable provisions for SO, monitors and

diluent monitors in 40 CFR Part 75, and shall use the procedures in Section 3 of Appendix F to 40 CFR Part 75 for detennining SO:! emission rate (lb/mmBtu) by substituting the tenn SO:! for NO
x in that section. and using a K factor

of 1.660 x 10· J (lblsct) ppmv instead of the NO, 

### K factor. (b) All continuous fuel flow meters and fuel gas sampling and analysis for GCV to detennine

the heat input ratio shall comply with the applicable provisions of Section 2.1.5 and2.3.4 of Appendix D to 40 CFR

Part 75. (c) The SO, hourly mass emissions rate for all the fuel gas combustion devices monitored by

this approach shall be detennined 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:
E, = (Em)(O,)/(GCV) I 10'; where:
E, = Total SO, emissions in Ibs/hr from applicable fuel gas combustion devices;

Em SO, emissions in Ib/mmBtu from the CEMS

- monitored fuel gas combustion device; 

### 0,

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

GCV = Fuel Gross Calorific Value (Btu/set); and

10' = Conversion from Btu to million Btu. (d) The owner or operator shall calculate total SO, mass emissions for each calendar quarter
and each calendar year based on the emissions in Ib/hr and Eqllations F-3 and F-4 in Appendix F to 40 CFR Part 75.

C. Certification and recertification requirements. All monitoring systems are subject to initial

certification and recertification testing as follows: (1) the owner or operator shall comply with the initial testing and calibration requirements in perfonnance specification 2 in Appendix B of 40 CFR Part 60 and Subparagraph (b) of Paragraph (1) of Subsection

B of20.11.46.2 I NMAC for each CFGMS; (2) each CEMS for SO, and flow or each SO,-diluent CEMS shall comply with the testing and

calibration requirements specified in 40 CFR 75.20 and Appendices A and B, except that each SO,-diluent CEMS

shall meet the relative accuracy requirements for a NO,-diluent CEMS (lb/mmBtu);
(3) a continuous fuel flow meter shall comply with certification requirements in Section 2.1.5 of Appendix D of 40 CFR Part 75.

D. Quality-assurance/quality control requirements. A qualitv-assurance and quality control (OA/OC) plan shall be developed and implemented for each: (1) [A**~Halit)'** ass,",aRa. aR"**~Halil)'** aaRtral (QA'QC) 1'1

... sRali 1>. ".,'alal'." aR" iRaj3laHl.RI." fur 

### eaGil] CEMS for SO, and flow or the SO,-diluent CEMS in compliance with Sections I, 1.1, and 1.2 of Appendix B

of 40 CFR Part 75.

20.11.46 NMAC 25C) [A**~aalil)'** aSSaFaAe. aaa**~aalily** BBalrel plaa sl,all Be Elevelepea all. impleme"leEl fer eBBA]


### Continuous fuel flow meter and fuel sampling and analysis in compliance witb Sections I, \.1, and 1.3 Appendix B

of 40 CFR Part 75. The owoer or operator shall meet the requirements in Section 2.1.6 of Appendix D to 40 CFR

Part 75. and mal' use the procedures set forth in Section 2, I. 7 of that appendix, (3) 

### fA**~ealil)'** asserall.e**all~ ~eali~**  Bell!!'el**~laA** 5"all ae Elevelepa.**all~** implemeHla. fer each]

CFGMS in compliance with Sections I and 1.\ of Appendix B to 40 CFR Part 75. and the following: 

### (a) perform a daily calibration error test of each CFGMS at two gas concentrations, one low

level and one high level: and 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 percent of the span value; (b) in addition to the daily calibration eTTor test. an additional calibration error test shall be 

### perfonned 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, and after making manual
calibration adjustments; (c) perform a linearity test once every operating quarter; calculate the linearity as described in Appendix A to 40 CFR Part 75: and 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; 

### (d) 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: and an out of control period occurs whenever the


### relative accuracy is greater than 20.0 percent of the mean value of the reference method measurements; (e) 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.

E. 

### Missing data procedures. For an" period in which valid data are not be;n!!: recorded by a(n)
(l) [far aay p8l'iaEi 

### in wAieA .alia Elata are HSt aaiRg reeaMea ay an] SO, CEMS or flow CEMS specified in 20.11.46.21 NMAC. missing or invalid data shall be replaced with substitute date in accordance with the requirements in Subpart D of 40 CFR Part 75. (2) [far aal' po,iae iH wHieR "ali. aata are Ael BoiHg Feeareea By aR] SO,-diluent CEMS specified in

20.11.46.21 NMAC. missing or invalid data shall be replaced with substitute data on a rate basis (1blmmBtu) in

accordance with the requirements for SO, monitors in Subpart D of 40 CFR Part 75,
(3) [fa, aay po,;ea ia wHisA "alia aata aro Hal BoiRg rocareee ByaJ Continuous fuel flow meter or for

fuel gas GCY sampling and analysis specified in 20.11.46.21 NMAC. missing or invalid data shall be replaced with

substitute data in accordance with missing data requirements in Section 2.4 of Appendix 

### D to 40 CFR Part 75. (4)**[~ar** llIly periee 

### in wHieH valie eata are ReI eeiHg re.eraaa Bl' tHeJ CFGMS as specified in

20.11.46.21 NMAC, 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.



### F. Monitoring plan and reporting requirements. In addition to the general monitoring plan and reporting requirements of20.11.46.16 NMAC. the owner or operator shall meet the following additional 

### requirements: (1) the monitoring plan shall identify each group of units that is monitored by a single monitoring

system under 20.11.46.21 NMAC, and the plan shall designate an identifier for the group of units for emissions 

### reporting purposes; and for purpose of submitting emissions reports, no apportionment of emissions to the individual
units within the group is required;
(2) if the provisions of Paragraph (2) or Paragraph (3) of Subsection B 000,11.46.21 NMAC are 

### used, provide documentation and an explanation to 

### demonstrate that the SO] emission rate from the monitored unit
is representative of the rate from non-monitored units,
[20.11.46.2 \ NMAC

- N. 12/31103: A, 9115108: A, 5116111]

20.11.46.22 PROTOCOL 

### WEB 2: PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS 

### WITH POSITIVE PRESSURE FABRIC FILTER:

A. Applicabilit)'. The provisions of this protocol are applicable to cement kilns or lime kilns that: (I) are controlled by a positive pressure fabric filter; (2) combust only a single fuel, no fuel hlends; and (3) have operating conditions upstream of the fabric filter that the WEB source documents would 

### reasonably prevent reliable flow monitor measurements; and this protocol does not modify the S02 

### monitoring requirements in 20.11.46,16 NMAC.

20.1 1.46 NMAC 26

### R. Monitoring requirements.
(I') 

### A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow mOnilO,.ing

svslem (PFMSj to determine tbe bourly kiln exbaust gas flow. 

### (2) A PFMS is the total equipment necessary for the detennination 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. (3) Tbe PFMS shall meet the following performance specifications: 

### (a) sensor readings and conversion of sensor data to flow in cubic feet per hour must be automated;
(b) the PFMS must allow for the automatic or manual determination offailed monitors: and at



### a minimum a daily determination must be performed; (c) 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**de~"ee** of accuracy required for other monitoring systems used to comply with 20.11.46 NMAC; the parameters shall be tested at two levels, low: 0 to 20
percent of full scale, and high: 50 to 100 percent of full scale; and the reference value need not be certifIed; (d) the relative accuracy of the PFMS must be less than or equal to 10.0 percent of the

reference method average value, and include a bias test in accordance with Paragraph (3) of Subsection D of

20.11.46.n NMAC.


### C. Certification requirements. The PFMS is subject to initial certification testing. The source

owner or operator shall:
(I) demonstrate the ability of the PFMS to identify automatically or manually a failed monitor; 

### (2) provide evidence of calibration testing of all monitoring equipment; and 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; and
(3)**[~erfeFR1** "" relati"e aaauraa)' leSI audit 

### 'Rd assemfl'R)'iRg aias lest eBae e',el)' feur**e~eFatiRg Ej~aFle1'5;**  

# 'Ra a.laulate Ib, relaliv, .aa_ay (""a aias aeljuslmeRt faalerJ as 8os6r;aea iR**A~l'eRaill** A Ie 1G CPR Part 7); 'R elit sf seRlrsl flaRea esslll" wHeRe"er Ibe !lew relative

.. a_a), is gre.r tIlaR 1 G.G l'eraeRI sf IHe Ille""

Yalu@ 

### afthe FSFSF6Rse metJ:Jea] 

### 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 ifrequired.
D. Quality-assurance and quality control requirements, A quality-assurance and quality conlTol plan shall be developed and implemented for each PFMS in compliance with Sections 

### I and 1.1 of Appendix 

### B of

40 CFR Part 75. and the following: (1) perform a daily monitor failure check; (2) 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; and
(3) perform a relative accuracy test audit and accompanying bias test once every four operating
quarters; and calculate the relative accuracy (and bias adjustment factor) as described in 20.11.46.21 NMAC and 40

CFR Part 75; an out of conIT01 period occurs whenever the flow relative accuracy is greater than 10.0 percent of the

mean value of the reference method. E, Missing data. For any period in which valid data are not being recorded by the PFMS specified

in 20.11.46.22 NMAC, hourly missing or invalid data shall be replaced with substitute darn in accordance with the

flow monitor missing data requirements for non-load based units in Subpart D of 40 CFR Part 75.


### F. Monitoring plan requirements. In addition to the general monitoring plan requirements of

20.11.46.16 NMAC. the owner or operator shall meet the following additional requirements: (I) the monitoring plan shall document the reasons why stack flow measurements upsU'eam of the


### fabric filter are unlikely to provide reliable flow measurements over time; (2) 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; and the department may require that the subsequent monitoring plan include additional explanation and documentation for

the reasonableness of the proposed PFMS. [20.11.46.22 NMAC

- N, 12!3l/03; A, 5/16/1 

### J]

20. ] ].46 NMAC 27

### 1 

### [The following document is a model rule to implement regional SO 2 

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



## Western Backstop SO 2 

## Trading Program

Model Rule

August 13, 2003 (final draft)

[ Note: This Model Rule covers on ly the post-trigger phase of the Western Backstop SO 2 

### Trading Program (“WEB Trading Program”). The Model SIP/TIP covers both th e pre-trigger and posttrigger phases of the program, and is known as the SO 2 

### Milestones and Backstop Trading Program. The Model SIP/TIP and the Model Rule shoul d be reviewed together in order to fully understand the complete WEB Trading Program. As each participating 309 State develops its state’s rule, care should be taken to include or reference any lo cal or delegated authority that may have responsibilities under th e state’s rule (most notably – local governmental units with Title V permitting authority). Delegation agreemen ts should be examined for any relevant revisions necessary to assure the program is conducted as the rule specifies.]



## A. Purpose

1. This Rule implements the Western Backstop SO 2 

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

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



## B. Definitions

The definitions in this part apply only to this Rule:

Account Certificate of Representation means the completed and signed submission required to designate an Account Representa tive for a WEB source or an Account Representative for a general account.

### 2 

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

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

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

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

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

SO 2 

### during a specified control peri od or any control period thereaf ter subject to the terms and
conditions for use of unused allowances as established by this Rule.

Allowance limitation means the tonnage of SO 2 

### emissions authorized by the allowances available for compliance deduction for a WEB so urce for a control peri od under Section L1 of
this Rule on the allowance transfer deadline for that control period.

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

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

Allowance transfer deadline means the deadline established in Section J.2 of the Model Rule
when allowances must be submitted for record ing in a WEB source’s compliance account in order to demonstrate complian ce for that control period.

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

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

Control period means the period beginning January 1 of each year and ending on December 31 of the same year, inclusive.

### 3 

### Emissions tracking database means the central database where SO 2 

### emissions for WEB sources as recorded and reported in accordance with this Rule are tracked to determine compliance with
allowance limitations.

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

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

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

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

Milestone means the maximum level of stationary s ource regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in Section A of the SO 2 

### Milestones and Backstop Tradi ng Program Implementation Plan.

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

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

### Milestones and Backstop Trading Program Implementation Plan.

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

manager.

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

Program trigger date means the date that [state or tribe] determines that the WEB Trading Program has been triggered in accordance with the provisions of Section A2 of the SO 2 

### Milestones and Backstop Tradi ng Program Implementation Plan.

Program trigger years means the years shown in Table 1, column 3, of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan for the applicable milestone if the WEB Trading Program is triggered as described in Section A of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

### 4 

### Renewable Energy Resource means a resource that generate s electricity by non-nuclear and non-fossil technologies that results in low or no air emissions. The term includes electricity generated by wind energy technologies; solar photovoltaic and solar thermal technologies; geothermal technologies; technologies based on landfill gas and biomass sources, and new lowimpact hydropower that meets the Low-Impact Hydr opower Institute criteria. Biomass includes agricultural, food and wood wastes. The term does not include pumped stor age or biomass from municipal solid waste, black liquor, or treated wood.

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

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

SO 2 

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



### .

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

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

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

Tracking System Administrator means the person designated by [state or tribe] as the
administrator of the Allowa nce Tracking System and the emission tracking database.

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

Western Backstop SO 2 

### Trading Program (“WEB Trading Program”) refers to this Rule, triggered as a backstop in accordance with the provisions in the SO 2 

### Milestones and Backstop Trading Program Implementation Plan, if necessary, to ensure that regional SO 2 

### emissions are
reduced.



## C. WEB Trading Program Trigger

1. Except as provided in C2, this Rule shall become effective on th e program trigger date that is
established in accordance with th e procedures outlined in the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

### 5 

### 2. Section M of this Rule, Special Penalty Pr ovisions for Year 2018, shall become effective on January 1, 2018 and shall remain effective until the provisions of section M have been fully implemented.



## D. WEB Trading Program Applicability

1. General Applicability

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

The following are WEB sources:

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

to SO 2 

### emissions.

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

SO 2 

### emissions of 100 tons or more per year in the Program Trigger Years or any subsequent year. The fugitive emissions of a stationary source shall not be considered in determining whether it is a WEB source unle ss the source belongs to one of the following categories of stationary source:

(i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of ch arging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters;

### 6 

### (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers (or combinati on thereof) totaling more than 250 million British thermal units per hour heat input; (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric pl ants of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source ca tegory, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act.

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

### per year.

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

(1) In each of the previous five years had actual SO 2 

### emissions of less than 100 tons per year, and

( 2 ) Had actual SO 2 

### emissions of 100 tons or more in a single year due to a temporary emission increase that was caused by a sudden, infrequent and not reasonably preventable failure of air pollution control equipment, failure of process equipment, or a failure to process to operate in a normal or usual manner ; and that the source

(3)T t ook timely and reasonable action to minimize the temporary emission
increase . A temporary emission increase due to poor maintenance or careless operation does not meet the criteria of this section ; and

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

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

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

### 7 

### 2. Duration of Program Participation

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

3. Retired Source Exemption

(a) Application

Any WEB that is retired sha ll apply for a retired source ex emption. The WEB source may only be considered retired if all SO 2 

### emitting units at the source are retired. The application shall contain the following information:

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

(2) Name of Account Representative.

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

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

(5) Verification that the WEB source ha s a general account where any unused
allowances or future alloca tions will be recorded.

(b) Notice

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

(c) Responsibilities of Retired Sources:

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

(2) A retired source shall not emit any SO 2 

### after the date the retired source exemption is effective.

(3) A source shall submit SO 2 

### emissions reports, as required by Section I5 I8 of this Rule for any time period the source wa s operating prior to the effective date of the retired source exemption. The re tired source shall be subject to the compliance provisions of Section L of th is Rule, including the requirement to

### 8 

### hold allowances in the source’s compliance account to cover all SO 2 

### emissions prior to the date the sour ce was permanently retired.

(4) A retired source that is still in existence but no longer emitting SO 2 

### shall, for a period of five years from the date th e records are created, retain records demonstrating the effective date of the retired source exemption for purposes of
this Rule.

(d) Resumption of Operations

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

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

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

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

(e) Loss of Future Allowances

A WEB source that is retired and that does not ap ply to [state or tribe] for a retired source exemption within ninety days of the date that the source is retired sh all forfeit any unused
and future allowances. The abandoned allo wances shall be retired by the Tracking System Administrator.

Note: This is not intended to be a punitive action, but a method to correct the number of allowances being tracked by the state. [State or tribe] will need to establish due process procedures for forfeiting these “abandoned” a llowances in a manner that is consistent
with the administrativ e procedures process. This provision is intended to address sources that go out of bu siness, leave no forwarding address, and truly abandon their
allowances. It is assumed that [state or tribe] will have a pr ocess to notify sources that their allowances may be forfeited so this provision does not lead to forfeiture just
because the deadline was missed.

### 9 

## E. Account Representative for WEB Sources

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

1. Identification and Certification of an Account Representative.

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

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

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

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

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

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

(5) The following certification statement:

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



### (c) Upon receipt by the [state or tribe] of the complete Certificate, the Account Representative and any alternate Account Re presentative represents and, by his or her

### 10 

### representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaini ng to the WEB Trading Program. The owners and operators shall be bound by any decision or order issued by [state or tribe] regarding the WEB Trading Program.

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

2. Requirements and Responsibilities

(a) The responsibilities of the Account Representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO 2 

### emissions data and compliance reports as required by this Rule, and representing the source in all matters pertaining to the WEB Trading Program.

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

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



### 3. Changing the Account Representa tive or Owners and Operators

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

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

(b) Changes in Owners and Operators

### 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 operato rs to include such change.

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



## F. Registration

1. Deadlines

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

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

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

2. Integration into Permits

(a) Any allocation, transf er or deduction of allowance to or from the compliance account
of a WEB source shall not re quire revision of the WEB s ource’s operating permit.

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



## G. Allowance Allocations

1. The Tracking System Administrator will record the allowances for each WEB source in the compliance account for a WEB source once the allowa nces are allocated by the [state or tribe]
under Section C1 of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan. If

### 12 

### applicable, the Tracking System Admini strator will record a portion of the SO 2 

### allowances for a WEB source in a special reserve account assigned to the [state or trib e] to account for any allowances to be held by the [state or tribe] in accordance with Sec tion I1(b) of this Rule.

2. The Tracking System Administrator will assi gn a serial number to each allowance in
accordance with Section C2 of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

3. All allowances shall be allocated, recorded, transferred, or used as whole allowances. To
determine the number of whole a llowances, the number of allowa nces shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

4. An allowance is not a property right, and is a limited authorization to emit one ton of SO 2 

### valid only for the purpose of meeting the requirements of this Rule. No provision of this WEB Trading Program or other law should be construed to limit th e authority of the United States or [state or tribe] to terminate or limit such authorization.

5. Early Reduction Bonus Allocation.

Any WEB source that reduces permitted annual SO 2 

### emissions to a level that is below the floor
level allocation established for that source in Section C1 of the SO 2 

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

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

(a) Copies of all permits or other enfo rceable documents that include annual SO 2 

### emissions limits for the WEB source duri ng the period the WEB source was generating the early reductions. Such permits or enfo rceable documents require monitoring for SO 2 

### emissions that meets the requirements in Section s I 1(a) and I1(c) of this Rule.

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

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

### emissions and
demonstrates that the actual annual SO 2 

### emissions were below the floor level allocation
established for that source in Section C1 of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

(c) Demonstration that the floor level esta blished for the source in accordance with
Section C1 of the SO 2 

### Milestones and Backstop Tradi ng Program Implementation Plan

### 13 

### was calculated using data that are consis tent with the new monitoring methodology. If new monitoring techniques will change th e floor level for the source, then a
demonstration of the new floor level base d on new monitoring techniques should be included in the application.

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

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

(1) A new WEB source is eligible to appl y for an annual allocation equal to the permitted annual SO 2 

### emission limit for that s ource after the source has commenced operation.

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

### emission limit for that source that is attributable to any amount of production capacity that is greater than the permitted production capacity for that source as of January 1, 2003.

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

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

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

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



## H. Establishment of Accounts

1. Allowance Tracking System Accounts

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

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

### 14 

### Representation of the Account Representative and any alternate as required in Section H3(b) of the Rule.

(b) The WEB source or organization name;

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

(d) A signed certification of truth and accuracy by the Account Representative according to Section E2(b) of this Rule for compliance accounts and for general accounts,
certification of truth and accu racy by the Account Represen tative according to Section
H4 of this Rule.

2. Account Representative for General Accounts

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

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

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

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

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

(2) The organization name;

(3) The following certification statement:

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

### 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 orde r issued by [state or tribe]

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

4. Requirements and Responsibilities

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

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

5. Changing the Account Representative

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

6. Changes to the Account

### 16 

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



## I. Monitoring, Recordkeeping and Reporting

1. General Requirements

(a) For each SO 2 

### emitting unit at a WEB source the owner or operator shall comply with the following, as applicable, to monitor and record SO 2 

### mass emissions:

(1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the requirements contained in Part 75 with respect to monitorin g, recording and reporting SO 2 

### mass emissions. [as necessary, insert state/trib e rule language to addre ss changes to 40 CFR Part 75.]

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

(A) A continuous emission monitoring system (CEMS) for SO 2 

### and flow that complies with all applicable monito ring provisions in 40 CFR Part 75;

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

### mass emissions only) of section 75.19 of 40 CFR Part 75;

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

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

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

(b) Notwithstanding paragraph (a) of this Sec tion, the owner or operator of a unit that
meets one of the conditions of paragraph (b)(1) may elect to ha ve the provisions of this paragraph (b) appl y to that unit.

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

### 17 

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

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

(C) Any other type of unit without add-on SO 2 

### control equipment, if no control level was assumed for the WEB source in establishing the floor level (and reducible allocation) pr ovided in Section C1 of the Implementation Plan.

(2) For each unit covered by this paragraph (b), the A ccount Representative shall submit a notice to request that this pa ragraph (b) apply to one or more SO 2 

### emitting units at a WEB source. The noti ce shall be submitted in accordance with the compliance dates specified in Section I6 (a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related informa tion as may be requested):

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

(B) Consistent with the emissi on estimation methodology used to determine the floor level (and reducible allocation) for the source in
accordance with Section C1 of the Im plementation Plan, the portion of the
WEB source's overall allowance allocati on that is attributable to any unit(s) covered by this paragraph; and

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

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

### emitting unit(s). The modified notice
shall be submitted in accordance with the co mpliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted under Section G6
of this Rule for allocations from the set-aside.

(4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issu e a notice to the source to exclude any units that do not qualify under this para graph (b) or to adjust the portion of
allowances attributable to units that do qualify to be c onsistent with the emission estimation methodology used to establish the floor level (and reducible allocation) for the source. Any such notice shall be provided within 180 days after the date on
which the notice from the WEB source was received.

### 18 

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

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

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

(8) A WEB source may opt to modify the monitoring for an SO 2 

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

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

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

(2) Operate an SO 2 

### emitting unit so as to discharge, or allow to be discharged,

SO 2 

### emissions to the atmosphere wit hout accounting for these emissions in accordance with the applicable pr ovisions of this Section;

### 19 

### (3) Disrupt the approved monitoring met hod or any portion thereof, and thereby avoid monitoring and recording SO 2 

### mass emissions discharged into the atmosphere, except for periods of recert ification or period s when calibration, quality assurance testing or maintenan ce is performed in accordance with the applicable provisions of this Section; or

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

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

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

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

2. Monitoring Plan

(a) General Provisions. The owner or operator of an SO 2 

### emitting unit that uses a monitoring method under Sect ion I1(a)(2) of this Rule shall meet the following requirements:

(1) Prepare and submit to [state or trib e] an initial monito ring plan for each monitoring method that the owner or operato r uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the pl an shall contain sufficient information on the units involved, the a pplicable method, and the use of data
derived from that method to demonstrate that all unit SO 2 

### emissions are monitored and reported. The plan shall be submitted in accordance with the compliance dates specified in Section I5 of this Rule.

(2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan at least 45 days prior to the first day of cer tification testing. Th e plan will contain the applicable information required by para graph I2(d) of this Rule. [State or tribe] may require that the monitoring plan (or portions thereof) be submitted electronically. The [state or tribe] also may require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under Section I8(a) of this Rule or resubm itted separately within 30 days after any change is made to the plan in accord ance with the following paragraph (a)(3).

### 20 

### (3) Whenever the owner or operator makes a replacement, modification, or change in one of the systems or methodol ogies provided for in Section I1(a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affect s information reported in the monitoring plan (e.g., a change to serial number fo r a component of a monitoring system), then the owner or operator shall update the monitoring plan.

(b) The owner or operator of an SO 2 

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

(c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO 2 

### emitting unit (or group of units sharing a common methodology) that, except as otherwise specifie d in an applicable provision in Appendix A, contains the following information:

(1) For all SO 2 

### emitting units involved in the monitoring plan:

(A) Plant name and location;

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

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

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

(E) Types of fuel(s) fired (or sulfur containing process materials used in
the SO 2 

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

(F) Type(s) of emissi ons controls for SO 2 

### installed or to be installed, including specifications of whether such controls are pre-combustion, post-combustion, or integral to the combustion process;

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

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

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

### 21 

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

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

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

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

(1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer and/or probe) in a CEMS (e.g., SO 2 

### pollutant concentration monito r, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D m onitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including:

(A) Manufacturer, model number and serial number;

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

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

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

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

(F) Status of the monitoring component; and

### 22 

### (G) Parameter monitored.

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

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

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

(3) Explicit formulas for each measured emissions parameter, using component/system identification codes for the monitoring system used to measure the parameter that links the system observ ations with the reported concentrations
and mass emissions. The formulas must c ontain all constants and factors required to derive mass emissions from compone nt/system code observations and an
indication of whether the formula is being added, corrected, deleted, or is unchanged. The owner or operator of a low mass emissions unit for which the owner or operator is using the opt ional low mass emissions excepted methodology in section 75.19(c) of 40 CFR Part 75 is not required to report such
formulas.

(4) Inside cross-sectional area (ft 2 

### ) at flow monitoring lo cation (for units with flow monitors, only).

(5) If using CEMS for SO 2 

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

### or flow component monitors.

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

(A) Identification of the parameter;

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

(C) Purpose of the value;

### 23 

### (D) Indicator of use during controlled/uncontrolled hours;

(E) Types of fuel;

(F) Source of the value;

(G) Value effective date and hour;

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

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

### emission factor.

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

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

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

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

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

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

(8) For each unit that is complying w ith 40 CFR Part 75 for which the optional
fuel flow-to-load test in section 2.1.7 of appendix D to 40 CFR Part 75 is used:

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

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

### 24 

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

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

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

40 CFR Part 75.

(11) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams a nd engineering drawings and any other
documentation that demonstrates each m onitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include:

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

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

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

(e) In addition to supplying the information in paragraphs (c) and (d) above, the owner or operator of an SO 2 

### emitting unit using either of the methodologies in paragraph I.1(a)(2)(B) of this Section shall include the following inform ation in its monitoring plan for the specific situations described:

(1) For each gas-fired or oil-fired SO 2 

### emitting unit for which the owner or operator uses the optional protocol in appendix D to 40 CFR Part 75 for SO 2 

### mass emissions, the Account Representative sh all include the following information in the monitoring plan:

(A) Parameter monitored;

### 25 

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

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

(D) Submission status of the data;

(E) Monitoring system identification code;

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

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

(H) For units using the optional default SO 2 

### emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;

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

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

(2) For each SO 2 

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

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

(i) Current calendar year of application;

### 26 

### (ii) Type of qualification;

(iii) Years one, two, and three;

(iv) Annual measured, estimated or projected SO 2 

### mass emissions for years one, two, and three; and

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

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

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

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

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

### emissions;
and

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

### emissions data
and calculated SO 2 

### emissions data demonstrating that the unit qualifies as
a low mass emissions unit under secti ons 75.19(a) and (b) to 40 CFR Part

75.

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

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

3. Certification/Recertification

### 27 

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

(b) The owner or operator of an SO 2 

### emitting unit not otherwise subject to 40 CFR Part
75 that monitors SO 2 

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

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

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

4. Ongoing Quality Assurance and Quality Control

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

5. Substitute Data Procedures

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

(b) For an SO 2 

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

(1) If the owner or operator will use a CEMS to comply with this Section, substitute the maximum poten tial concentration of SO 2 

### for the unit and the maximum potential flow rate, as determin ed in accordance with 40 CFR Part 75. The procedures for conditional data valid ation under section 75.20(b)(3) may be

### 28 

### used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable;

(2) If the owner or operator will use the 40 CFR Part 75 Appendix D methodology, substitute the maximum potentia l sulfur content, density or gross
calorific value for the fuel and the maximum potential fuel flow rate, in
accordance with section 2.4 of A ppendix D to 40 CFR Part 75;

(3) If the owner or operator will use the 40 CFR Part 75 LME methodology,
substitute the SO 2 

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

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

6. Compliance Dates

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

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

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

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

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

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

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

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

### 29 

### 7. Recordkeeping

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

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

(c) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measur ements, hourly averages for SO 2 

### , stack flow, fuel flow, or other continuous measurements, as applicable , and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO 2 

### emitting unit that uses a Part 75 monitoring method to meet th e requirements of this Section.

8. Reporting

(a) Quarterly Reports. For each SO 2 

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

### mass emissions) be submitted separately to [state or tribe].

(b) Annual Report. Based on the quarterly reports, each WEB source shall submit an
annual statement of total annual SO 2 

### emissions for all SO 2 

### emitting units at the source. The annual report shall contain four elements: total emissions for all units monitored in accordance with Section I1(a) of this Rule; total emissions for all units with emissions
estimated in accordance with Sect ion I1(b) of this Rule; the number of tons, if any, of

SO 2 

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

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

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

### 30 

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

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

(1) Identification of the WEB source and applicable SO 2 

### emitting unit(s);

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

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

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

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

(f) For any monitoring plans, reports, or ot her information submitted under Section I of this Rule, the Account Repres entative shall ensure that, where applicable, identifying
information is consistent with the identif ying information provided in the most recent certificate of representation for the WEB source submitted under Section E of this Rule.



## J. Allowance Transfers

1. Procedure

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

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

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

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

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

### 31 

### 2. Deadline

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

3. Retirement of Allowances

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

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

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

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



## K. Use of Allowances from a Previous Year

1. Any allowance that is held in a compliance a ccount or general account will remain in such an
account unless and until the allowance is deducte d in conjunction with the compliance process,
or transferred to another account.

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

3. If flow control procedures for the current c ontrol period have been tr iggered as outlined in
Section C4.2 of the SO 2 

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

(a) The number of allowances that are he ld in each complian ce account and general
account as of the allowance tran sfer deadline for the immediat ely previous year and that were allocated for any previous year will be determined.

(b) The number determined in (a) will be multiplied by the flow control ratio established
in accordance with Section C7.1 C4.2 of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan to determine the number of allowances that were allocated for a previous year that can be used without restriction fo r the current co ntrol period.

### 32 

### (c) Allowances that were allocated for a previous year in excess of the number determined in (b) may also be used for the current control period. If such allowances are used to make a deduction, two allowances must be deducted for each deduction of one allowance required under Sec tion L of this Rule.

4. Special provisions for the year 2018. After compliance with the 2017 allowance limitation has
been determined in accordance wi th Section L1 of this Rule, a llowances allocated for any year prior to 2018 shall not be used for determini ng compliance with the 2018 allowance limitation or any future allowance limitation.



## L. Compliance

1. Compliance with Allowance Limitations

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

SO 2 

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

(1) For each source that is a WEB source on or before the Program Trigger Date, the first control period is th e calendar year that is six years following the calendar year for which SO 2 

### emissions exceeded the milestone in accordance with procedures in Section A of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

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

### emissions threshold.

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

(4) If the WEB Trading Program is trigge red in accordance with the 2013 review procedures in section A4 of the SO 2 

### Milestones and Backstop Trading Program implementation plan, the first control period for each source that is a WEB source on or before the Program Trigger Date is the year 2018.

(b) Allowance transfer deadline

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

(1) the allowance was allocated for th e current control period or meets the requirements in Section K of this Rule for use of allowances from a previous control period, and

### 33 

### (2) the allowance was held in the WEB source’s compliance account as of the
allowance transfer deadline for the current control period, or wa s transferred into the compliance account by an allowance tran sfer correctly submitted for recording by the allowance transfer deadline for the current control period.

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

(1) the monitored SO 2 

### emissions data reported by the s ource to [state or tribe], in accordance with Section I of this Rule, and recorded in the emissions tracking
database and

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

(d) To the extent consistent with Section K of this Rule, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source’s Account Representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first-in, first-out accounting basis
in the order of the date and time of thei r recording in the WEB source’s compliance account, beginning with the allowances allocat ed to the WEB source and continuing with
the allowances transferred to the WEB source’s compliance account from another compliance account or general account. The allo wances held by the [state or tribe] for compliance at a WEB source pursuant to Section I1(b) of this Rule shall be deducted as specified in that Section.

2. Certification of Compliance

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

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

(1) Identification of each WEB source;

(2) At the Account Representative’s option, the serial numbers of the allowances
that are to be deducted from a source’ s compliance account for compliance with the allowance limitation; and

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

(c) In the Compliance Certification report, the Account Representative shall certify, based on reasonable inquiry of those persons with pr imary responsibility for

### 34 

### operating the WEB source in compliance w ith the WEB Trading Program, whether the WEB source for which the compliance certification is submitted was operated during the control period covered by the re port in compliance with the requirements of the WEB Trading Program appli cable to the source including:

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

### allowance limitation;

(2) Whether SO 2 

### emissions data has been submitted to [states or tribe] in
accordance with Section I1of this Rule a nd other applicable guidance, for review, revision as necessary, and finaliz ation for forwarding to the SO 2 

### Allowance Tracking System for recording;

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

### emissions to the source, in
accordance with Section I1 of this Rule;

(4) Whether all the SO 2 

### emissions from the WEB s ource if applicable, were
monitored or accounted for either thr ough the applicable monitoring or through application of the appropriat e missing data procedures;

(5) If applicable, whether any SO 2 

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

(6) Whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertificat ion. If there were any such changes, the report must specify the nature, reas on, and date of the change, the method to determine compliance status subsequent to the change, and specifically, the
method to determine SO 2 

### emissions.

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

(a) Allowance deduction penalties

If emissions from a WE B source exceed the allowance limitation for a control period, as determined in accordance with Section L1 of this Rule, the source’s allowances held in its compliance account will be reduced by an amount equal to
two times the source’s tons of excess emissions. If the compliance account does
not have sufficient allowances allocated for that control period, the required number of allowances will be deducted from the WEB source’s compliance account regardless of the control period for which they were allocated, once
allowances are recorded in the account.

### 35 

### (2) Any allowance deducti on required under this Secti on shall not affect the liability of the owners a nd operators of the WEB sour ce for any fine, penalty or assessment or their obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air Act, implementing regulations or applicable state or tribal law..

(b) Financial penalties

A financial penalty of $5,000 per ton of SO 2 

### emissions in excess of the WEB source’s
allowance limitation shall be levied.

4. Liability

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

### emissions in excess of a
source’s allowance limitation is a separate violation.

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

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

source.

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

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



## M. Special Penalty Provisions for the 2018 Milestone

1. If the WEB Trading Program is triggered as outlined in Section A of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year.

(a) All WEB sources shall register, and open a compliance account within 180 days after the Program Trigger Date, in accordance with Sections F1 and H of this Rule.

### 36 

### (b) The Tracking System Administrator will record the allowances for the 2018 control period for each WEB source in the source’s compliance account once [state or tribe]
allocates the 2018 allowances under Section C1 and D1 of the SO 2 

### Milestones and Backstop Trading Program Implementation Plan.

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

(d) A WEB source must hold allowances allo cated for 2018 including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source’s total SO 2 

### emissions for 2018. Emissions are determined us ing the pre-trigger monitoring provisions
in Section B of the SO 2 

### Milestones and Backstop Tradi ng Program Implementation Plan, and [refer to state or tribe emissi on inventory or equivalent rule].

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

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

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

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

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

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

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

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

(c) A WEB source must hold allowances allocate d for that specific emissions year, or any year after 2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the allowance tran sfer deadline, in an amount not less than
the WEB source’s total SO 2 

### emissions for the specific emissions year. Emissions are determined using the pre-trigger monito ring provisions in Section B of the SO 2

### 37 

### Milestones and Backstop Trading Program Impl ementation Plan, and [refer to state or tribe emission inventory or equivalent rule].

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

### emissions shall
be determined under Secti on M3(c) of this Rule.

### 38 

### APPENDIX A: WEB MODEL RU LE MONITORING PROTOCOLS

Protocol WEB-1: SO 2 

### Monitoring of Fuel Gas Combustion Devices

1. Applicability

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

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

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

2. Monitoring Requirements

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

### S) of the fuel gas mixture prior to combustion, and continuous fuel flow meters to determine the amount of fuel gas burned.

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

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

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

### S.

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

(iii) Record negative va lues of zero drift.

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

### 39 

### (v) Methods 15A, 16, or approved alte rnatives for tota l sulfur, are the
reference methods for the relative accu racy test. The relative accuracy test
shall include a bias test in accordance with paragraph 4(c) of this section.

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

(4) The hourly mass SO 2 

### emissions shall be calculated using the following equation:

E = ( C S 

### )( Q f 

### )( K )

where: E = SO 2 

### emissions in lbs/hr

C

S 

### = Sulfur content of the fuel gas as H 2 

### S(ppmv) Q

f 

### = Fuel gas flow rate (scfh)

K

= 1.660 x 10 -7 

### (lb/scf)/ppmv

(b) In place of a CFGMS in pa ragraph (a) of this Section 2, fuel gas combustion devices having a common source of fuel ga s may be monitored with an SO 2 

### CEMS and flow CEMS at only one location, if the CEMS monito ring at that location is representative of
the SO 2 

### emission rate (lb SO 2 

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

(1) Each CEMS for SO 2 

### and flow shall comply with the operating requirements, performance specifications, and quality a ssurance requirements of 40 CFR Part
75.

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

(3) The SO 2 

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

E t



### = (E

m 

### ) ( Q t 

### )/( Q

m 

### )

where: E t 

### = Total SO 2 

### emissions in lbs/hr from applicable fuel gas
combustion devices.

E

m 

### = SO 2 

### emissions in lbs/hr from the CEMS-monitored fuel gas
combustion device. Q t 

### = Fuel gas flow rate (scfh) from applicable fuel gas combustion
devices. Q

m 

### = Fuel gas flow rate (scfh) from the CEMS-monitored fuel gas
combustion device.

### 40 

### (c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel ga s may be monitored with an SO 2 

### - diluent CEMS at only one location, if the CEMS monitoring at that location is repr esentative of the SO 2 

### emission rate (lb SO 2 

### /mmBtu) of all applicable fuel gas combustion devices. If this option is selected, the owner or operator sha ll conduct fuel gas sampling and analysis for gross calorific value (GCV), and shall use co ntinuous fuel flow metering in accordance with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored fuel gas combustion device.

(1) Each SO 2 

### -diluent CEMS shall comply with the applicable provisions for SO 2 

### monitors and diluent monito rs in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix F to Part 75 for determining SO 2 

### emission rate (lb/mmBtu) by substituting the term SO 2 

### for NO

x 

### in that section.

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

(3) The SO 2 

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

E t



### = (E

m 

### ) ( H t 

### )/( H
m 

### )

where: E t 

### = Total SO 2 

### emissions in lbs/hr from applicable fuel gas
combustion devices.

E

m 

### = SO 2 

### emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device.

H

t 

### = Fuel gas heat input (mmBtu /hr) from applicable fuel gas
combustion devices.

H

m 

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

3. Certification/Recertification Requirements

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

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

(b) Each CEMS for SO 2 

### and flow or each SO 2 

### -diluent CEMS shall comply with the testing and calibration requirements specifi ed in 40 CFR Part 75, section 75.20 and

### 41 

### Appendices A and B, except that each SO 2 

### -diluent CEMS shall meet the relative accuracy requirements for a NO

x 

### -diluent CEMS (lb/mmBtu).

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

4. Quality Assurance/Quality Control Requirements

(a) A quality assurance/qual ity control (QA/QC) plan shall be developed and implemented for each CEMS for SO 2 

### and flow or the SO 2 

### -diluent CEMS in compliance with Appendix B of 40 CFR Part 75.

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

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

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

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

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

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

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

5. Missing Data Procedures

### 42 

### (a) For any period in which valid da ta are not being recorded by an SO 2 

### CEMS or flow CEMS specified in this section, missing or inva lid data shall be replaced with substitute data in accordance with the requireme nts in Subpart D of 40 CFR Part 75.

(b) For any period in which valid da ta are not being recorded by an SO 2 

### -diluent CEMS specified in this section, missing or invalid data shall be repla ced with substitute data on a rate basis (lb/mmBtu) in accordan ce with the requirements for SO 2 

### monitors in Subpart D
of 40 CFR Part 75.

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

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

6. Monitoring Plan and Reporting Requirements

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

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

(b) If the provisions of para graphs 2(b) or (c) are use d, provide documentation and an explanation to dem onstrate that the SO 2 

### emission rate from the monitored unit is representative of the rate from non-monitored units.

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

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are controlled by a positive pressure fabric filter , and (2) have operating conditions upstream
of the fabric filter that the WEB source documents would reasonably prevent reliable
flow monitor measurements.

2. Monitoring Requirements

### 43 

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

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

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

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

(2) The PFMS shall have provisions to check the calibration error of each parameter that is individually measur ed. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full
scale. The reference value need not be certified.

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

3. Certification Requirements

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

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

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

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

4. Quality Assurance/Quality Control Requirements

A QA/QC plan shall be developed and impl emented for each PFMS in compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and the following:

### 44 

### (a) Perform a daily monitor failure check.

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

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

5. Missing Data

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

6. Monitoring Plan Requirements

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

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

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

# Western Backstop SO 2 

# Trading Program



# Model Rule

Supplement

August 13, 2003 (Final Draft)

The Model Rule Supplement is available through the Western Regional

Air Partnership (WRAP) at www.wrapair.org

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

- jurisdictional implementation
of the SO 2 

### Milestones and Backstop Trading Program Section 309 of the Regional
Haze Rule.Monitor ing Provisions

-- Corrected August 13, 2003 Draft



## H. Establishment of Accounts

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

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



## I. Monitoring, Re cordkeeping and Reporting

1. General Requirements on Monitoring Methods

(a) For each SO 2 

### emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record SO 2 

### mass emissions:

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

2 

### mass emissions.

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

(A) A continuous emission monitoring system (CEMS) for SO 2 

### and flow that complies with all applicable monitoring provision s in 40 CFR Part 75;

(B) If the unit is a gas

- or oil

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

### mass emissions only) of s ection 75.19 of 40 CFR Part 75;

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

(D) A petition for site

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

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### Environ mental Protection Agency in accordance with Section I8(e) of this Rule (relating to petitions). (3) A permanently retired unit shall not be required to monitor under this Section if such unit was permanently retired and had no emissions for the entire per iod for which the WEB source implements this paragraph (3) and the Account Representative certifies in accordance
with Section L2 of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the
WEB sour ce shall meet the requirements of this Section I in the same
manner as if the unit was a new unit.

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

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

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

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

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

(C) Any other type of unit without add

- on SO 2 

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

(2) For each unit covered by this paragraph (b), the Account Representative shall submit a notice to request that this paragraph (b) apply to one or more SO 2 

### emitting units at a WEB source. The not ice shall be submitted in accordance with the compliance dates specified in Section I6(a) of this Rule, and shall include the following information (in a format specified by [state or tribe] with such additional, related information as may be requested):

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

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

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

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### (C) An identification of any such units that are permanently
retir ed.

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

set

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

### emitting unit(s). The modified notice shall be submitted in accordance with the compliance dates in Section I6(a) of this Rule, but no later than the date on which a request is submitted
under Section G6 of this Rule for allocations from the set

- aside.

(4) [State or tribe] shall evaluate the information submitted by the WEB source in paragraphs (b)(2) and (b)(3), and may issue a notice
to the so urce to exclude any units that do not qualify under this paragraph (b) or to adjust the portion of allowances attributable to units that do qualify to be consistent with the emission estimation methodology used to establish the floor level (and reducible a llocation)
for the source.

(5) [State or tribe] shall allocate allowances equal to the adjusted portion of the WEB source's allowances under paragraphs (b)(2), (b)(3), and (b)(4) in a special reserve compliance account, provided
that no such treatment o f the WEB source's allocation will be required for any unit that is permanently retired and had no emissions for the entire period for which the WEB source implements this paragraph (b) and the Account Representative certifies in accordance with Section L
of this Rule that these conditions were met. In the event that a permanently retired unit recommences operation, the WEB source shall meet the requirements of this Section I in the same manner as if
the unit was a new unit.

(6) The Account Representativ e for a WEB source shall submit an annual emissions statement for each unit under this paragraph (b) in
accordance with Section I8 of this Rule. The WEB source shall maintain operating records sufficient to estimate annual emissions in a
manner consistent

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

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

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

(8) A WEB source may opt to modify the monitoring for an SO 2 

### emitting unit to use monitoring under Section I1(a) of this Rule, but any such monitoring change must take effect on January 1 of the next compliance year. In addition, the Accou nt Representative must submit an initial monitoring plan at least 180 days prior to the date on which the new monitoring will take effect and a detailed monitoring plan in accordance with Section I2 of this Rule. The Account Representative
shall also subm it a revised notice under paragraph (b)(2) at the same time that the initial monitoring plan is submitted.

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

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

(2) Operate an SO 2 

### emitting unit so as to discharge, or allow to be discharged, SO 2 

### emissions to the atmosphere without ac counting for these emissions in accordance with the applicable provisions of this Section;

(3) Disrupt the approved monitoring method or any portion thereof, and thereby avoid monitoring and recording SO 2 

### mass emissions discharged into the atmosphere, e xcept for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this Section; or

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

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

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

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

2. Monitoring Plan

(a) General Provisions. A WEB source with an SO 2 

### emitting unit that uses a monitoring method under Section I1(a)(2) of this Rule shall meet the following requirements:

(1) Prepare and submit to [state or tribe] an initial monitoring plan for
each moni toring method that the WEB source uses to comply with this Section. In accordance with paragraph I2(c) of this Rule, the plan shall contain sufficient information on the units involved, the applicable method, and the use of data derived from that method t o demonstrate
that all unit SO

2 

### emissions are monitored and reported. The plan shall be submitted in accordance with the compliance deadlines specified
in Section I6 of this Rule.

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

(3) Whenever the WEB source makes a replacement, modification, or change in one of the systems or methodologies provided for in Section
I1 (a)(2), including a change in the automated data acquisition and handling system or in the flue gas handling system, that affectsMonitor ing Provisions

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

(b) A WEB source with an SO 2 

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

- (f) by preparing, maintaining and submitting a monitoring plan in accordance with the requirements of 40 CFR Part 75, provided that the
WEB source also sh all submit the entire monitoring plan to [state or tribe] upon request.

(c) Initial Monitoring Plan. The Account Representative shall submit an initial monitoring plan for each SO 2 

### emitting unit (or group of units sharing a common methodology) that, exc ept as otherwise specified in an applicable provision in Appendix A, contains the following information:

(1) For all SO

2 

### emitting units involved in the monitoring plan:

(A) Plant name and location;

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

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

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

(E) Types of fuel(s) fired (or sulfur containing process m aterials
used in the SO 2 

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

(F) Type(s) of emissions controls for SO 2 

### installed or to be installed, including specifica tions of whether such controls are

pre

- combustion, post

- combustion, or integral to the combustion

process;

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

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

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

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

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

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

(4) [State or tribe] may issue a notice of approval or disapproval of the
initial mo nitoring plan based on the compliance of the proposed methodology with the requirements for monitoring in this Section.

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

(1) Identification and description of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a CEMS (e.g., SO 2 

### pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a protocol in Appendix A, including:

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

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

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

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

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

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### (F) Status of the monitoring component; and

(G) Parameter monitored.

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

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

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

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

(4) Inside cross

- sectional area (ft 2 

### ) at flow monitoring location (for units with flow monitors, only).

(5) If using CEMS for SO 2 

### and flow, for each parameter monitored: scale, maximum potential concentration (and method of calculation), maximum expected concentration (if applicable) (and method of calculation), maximum potential flow rate (and method of calculations), span value, full

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

### or flow component
monitors.

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

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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 SO 2 

### emission factor

.

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

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

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

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

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

- used load (or operating) levels; and

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

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

- to

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

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

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

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

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

(10) If applicable, apportionment strategies under sections 75.10
thr ough 75.18 of 40 CFR Part 75.

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

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

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

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

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

(e) In addition to s upplying the information in paragraphs (c) and (d) above,
the WEB source with an SO 2 

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

(1) For each gas

- fired or oil

- fired SO 2 

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

### mass emissions, the WEB source shall include the following
information in the monitor ing plan:

(A) Parameter monitored;

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

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

(D) Submission status of the data;

(E) Monitoring system identification code;

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

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

(H) For units using the optional default SO 2 

### emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR Part 75;Monitor ing Provisions

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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 SO 2 

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

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

(i) Current calendar year of application;

(ii) Type of qualification;

(iii) Years one, two, and three;

(iv) Annual measured, estimated or projected SO 2 

### mass emissions for years one, two, and three; and

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

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

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

(D) A statement that the unit burns only gaseous fuel(s) or fu el
oil and a list of the fuels that are burned or a statement that theMonitor ing Provisions

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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 SO 2 

### emissions; and

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

### emissions data and calculated SO 2 

### emissions data demonstrating that the unit qualifies as a low mass emissions

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

(3) For each gas

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

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

(f) The specific elements of a monitoring plan under this Section I2. shall not be part of an operating permit for a WEB source issued in accordance with
Title V of the Clean Air Act, and modifications to the elements of the plan shall not require a permit modification.

3. Certification and Recertification

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

(b) The WEB source with an SO 2 

### emitting unit not otherwise subject to 40
CFR Part 75 that monitors SO 2 

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

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

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

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

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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 particula r performance specification or other requirement of this Rule, both at the time of the initial certification or recertification application submission and at the time of the audit, the [state or tribe] will issue a notice of disapproval of the certificatio n status of such system or component. For the purposes of this paragraph, an audit shall be either a field audit of the facility or an audit of any information submitted to the [state or tribe] regarding the facility. By issuing the notice of disapproval , the certification status is revoked prospectively, and the data measured and recorded shall not be considered valid quality

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

non

- quality

- assured data for each disapproved system or component.

4. Ongoing Quality Assurance and Quality Control

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

commences.

5. Substitute Data Procedures

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

(b) For an SO

2 

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

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### (1) If the WEB source will use a CEMS to comply with this Section, substitute the maximum potential concentration of SO 2 

### for th e unit and the maximum potential flow rate, as determined in accordance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 proc edures, as applicable;

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

(3) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the SO 2 

### emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly hea t input, as defined in 40 CFR 72.2; or

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

6. Compliance Deadlines

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

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

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

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

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

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

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

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

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

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

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

7. Recordkeeping

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

(b) The WEB s ource shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for SO 2 

### , stack flow, fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this Section or in Appendix A to this Rule. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any SO 2 

### emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section.

8. Reporting

(a) Qu arterly Reports. For each SO 2 

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

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### quarterly report under 40 CFR Part 75 to the U.S. EPA Administrator, no
add itional report under this paragraph (a) shall be required, provided, however, that [state or tribe] may require that a copy of that report (or a separate statement of quarterly and cumulative annual SO 2 

### mass emissions) be submitted separately to [state or tribe].

(b) Annual Report. Based on the quarterly reports, each WEB source shall
submit an annual statement of total annual SO 2 

### emissions for all SO 2 

### emitting units at the source. The annual report shall identify the total emissions for all
units moni tored in accordance with Section I1(a) of this Rule and the total
emissions for all units with emissions estimated in accordance with Section I1(b) of this Rule. The annual report shall be submitted within 60 days after the end of a control period.

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

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

9. Petitions

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

(1) Identification of the WEB source and applicable SO 2 

### emitting unit(s);

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

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

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

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

-- Corrected August 13, 2003 Draft



### 10. Consistency of Identifying Information

For any monitoring plans, reports, or other information submitted under Section I of this Rule, the WEB source shall ensure that, where applicable, identifying information is consistent with the identifying information provided in
the most recent certificate o f representation for the WEB source submitted
under Section E of this Rule.



## K. Use of Allowances from a Previous Year

Add following sentence to Section K2:

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



## L. Compliance

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

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

(1) The total annual SO 2 

### emissions for all SO 2 

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

s special reserve compliance account as of the

allow ance transfer deadline for the current control period, adjusted in accordance with Section K of this Rule. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation to hold al lowances for such
emissions. If the total emissions from such units exceeds the allowances in such special reserve account, the WEB source shall account for such excess emissions in the following paragraph (2).

(2) The total annual SO 2 

### emissions for all SO 2 

### emitting units at the source that are monitored under Section I1.(a) of this Rule, as reported by the source in Section I8(b) or (d) of this Rule, and recorded in the emissions tracking database, together with any excess emissions as
calculated in the preceding paragraph (1), shall be compared to the
allowances held in the source
= s compliance account as of theMonitor ing Provisions

-- Corrected August 13, 2003 Draft



### allowance transfer deadline for the current control period, adjusted in
accordance with Section K of this Rule. (d) Other than allowances in a special reserve compliance account for units monitored under Section I1(b) of this Rule, to the extent consistent with Section K of this Rule, allowances shall be deducted for a WEB source for compliance with the allowance limitation as directed by the WEB source
= s Account Representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first

- in, first

- out accounting basis in the order of the date and time of their recording in the
WEB source
=

s com pliance account, beginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB

source = s compliance account from another compliance account or general account. The allowances held in a special reserve co mpliance account pursuant to Section I1.(b) of this Rule shall be deducted as specified in paragraph (c)(1) of this Section L.Monitor ing Provisions

-- Corrected August 13, 2003 Draft



### APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

Protocol WEB

- 1: SO 2 

### Monitoring of Fuel Gas Combustion Devices

1. Applica bility

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

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

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

2. Monitoring Requirements

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

H 2 

### S) of the fuel gas mixture prior to combustion, and continuous fuel
flow meters to determine the amount of fuel gas burned.

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

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

(i) Continuously monitor and record the concentration by
volume of

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

### S.

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

-- Corrected August 13, 2003 Draft



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

(v) Methods 15A, 16, or approved alternatives for total sulfur, are the reference methods for the relative accuracy test. The relative accuracy test shall include a
bias tes t in accordance with paragraph 4.(c) of this
section.

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

(4) The hourly mass SO 2 

### emissions rate for all the fuel gas
combustion device s monitored by this approach shall be calculated using the following equation:

E t 

### = ( C S 

### )( Q t 

### )( K

)

where: E t 

### = Total SO

2 

### emissions in lb/hr from applicable fuel gas combustion devices
C S 

### = Sulfur content of the fuel gas as H 2 

### S(ppmv)
Q t 

### = Fuel gas flow rat

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

K = 1.660 x 10 - 7 

### (lb/scf)/ppmv

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

### CEMS, a flow C EMS, and (if necessary) a moisture monitoring system at only one location, if the CEMS monitoring at that location is representative of the SO 2 

### emission rate (lb SO 2 

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

(1) Each CEMS for SO 2 

### , flow, and (if applicable) moisture, shall comply with the operating requirements, per formance specifications, and quality assurance requirements of 40 CFR
Part 75.

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

(3) The SO 2 

### hourly mass emissions rate for all the fuel gas combustion devices monitored by this approach shall beMonitor ing Provisions

-- Corrected August 13, 2003 Draft



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

- monitored fuel gas combustion device to the total fuel gas burned by all applicable fuel gas combustion devices using
the f ollowing equation:

E t 

### = (E
m 

### ) ( Q t 

### )/( Q
m 

### )

where: E t 

### = Total SO

2 

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

E
m 

### = SO 2 

### emissions in lb/hr from the CEMS

- monitored fuel gas combustion device, calculated using Equation

F

- 1 or (if applicable) F

- 2 in Appendix F to 40 CFR Part

75 Q t



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

### = Fuel gas flow rate (scf/hr) to the CEMS

- monitored fuel gas combustion device

(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices having a common source of fuel gas may be monitored with an SO 2 

### - diluent CEMS at only one location, if the CEMS monitoring at that location is representative of the SO 2 

### emission rate (lb SO 2 

### /mmBtu) of all applicable fuel

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

- monitored fuel gas
combustion device.

(1) Each SO 2 

### - diluent CEMS shall comply with the applicable provisions for SO 2 

### monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in section 3 of Appendix
F to Part 75 for determining SO 2 

### emission rate (lb/mmBtu) by substituting the term SO 2 

### for NO
x 

### in that section, and using a K
factor of
1.660 x 10 - 7 

### (lb/scf)/ppmv instead of the NO
x 

### K factor.

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

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

(3) The SO 2 

### hourly mass emissions rate for all the fuel gas
combustion devices moni tored by this approach shall be calculated by using the following equation:

E t 

### = (E
m 

### ) ( Q t 

### ) (GCV)

/10 6



### where:Monitor ing Provisions

-- Corrected August 13, 2003 Draft



### E t 

### = Total hourly SO 2 

### mass emissions in lb/hr from the applicable fuel gas combustion devices

E
m 

### = SO 2 

### emission rate in lb/mmBtu from the CEMS

- monitored fuel gas combustion device
Q t 

### = Fuel gas flow rate (scf/hr) to the applicable fuel gas combustion devices
GCV = Fuel Gross Calorific Value (Btu/scf)

10 6 

### = Conversion
from Btu to million Btu

(d) Calculate total SO 2 

### mass emissions for ea ch calendar quarter and each calendar year based on the emissions in lb/hr and Equations F

- 3 and F

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

3. Certification/Recertification Requirements

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

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

(b ) Each CEMS for SO 2 

### and flow or each SO 2 

### - diluent CEMS shall comply with the testing and calibration requirements specified in 40 CFR Part 75, section 75.20 and Appendices A and B, except that each SO 2 

### - diluent CEMS shall meet the relative accuracy require ments for a NO
x 

### diluent CEMS (lb/mmBtu).

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

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

4. Quality Assurance/Quality Control Require ments

(a) A quality assurance/quality control (QA/QC) plan shall be developed
and implemented for each CEMS for SO 2 

### and flow or the SO 2 

### - diluent CEMS in compliance with sections 1, 1.1, and 1.2 of Appendix B to
Part 75.

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

-- Corrected August 13, 2003 Draft



### compliance with sections 1, 1.1, and 1.3 of Appendix B to 40 CFR
Part 75.

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

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

(ii) In addition to the daily calibration error test, an additional calibration error test shall be performed whenever a daily
calibration error t est is failed, whenever a monitoring system is returned to service following repairs or corrective actions that may affect the monitor measurements, or after making manual calibration adjustments.

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

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

measurements.

(v) Using the results of the relative accuracy test audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75,
and calculate a nd apply a bias adjustment factor if required.

5. Missing Data Procedures

(a) For any period in which valid data are not being recorded by an SO 2 

### CEMS or flow CEMS specified in this section, missing or invalid data shall be replaced with substitute d ata in accordance with the requirements in Subpart D of 40 CFR Part 75.Monitor ing Provisions

-- Corrected August 13, 2003 Draft



### (b) For any period in which valid data are not being recorded by an SO 2 

### - diluent CEMS specified in this section, missing or invalid data shall be replaced with substitute data on a r ate basis (lb/mmBtu) in accordance with the requirements for SO 2 

### monitors in Subpart D of 40
CFR Part 75.

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

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

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

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

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

(b) If the provisions of paragraphs 2.(b) or (c) are used, provide documentation and an explanation to demonstrate that the SO 2 

### emission rate from the monitored unit is representative of the rate
from n on

- monitored units.Monitor ing Provisions

-- Corrected August 13, 2003 Draft



### Protocol WEB

- 2: Predictive Flow Monitoring Systems for Kilns with Positive

Pressure Fabric Filter

1. Applicability

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

2 

### monitoring requirements in section I of this Rule.

2. Monitoring Requirements

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

.

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

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

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

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

(3) The PFMS shall have provisions to check the calibration error of each parameter that is individually measured. The owner or operator shall propose appropriate performance specifications in the initial monitoring plan for all parameters used in the PFMS comparable to the degree of accuracy required for other monitoring systems used to comply with this Rule. The parameters shall be tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The
reference value need not be certified.

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

3. Certification RequirementsMonitor ing Provisions

-- Corrected August 13, 2003 Draft



### The PFMS is subject to initial certification testing as follows: (a) Demonstrate the ability of the PFMS to identify automatically or manually
a failed monitor.

(b) Provide evidence of calibration testing of all monitoring equipment. Any tests conducted within the previous 12 months of operation that are consistent with the QA/QC plan for the PFMS are acceptable for initial certification purposes.

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

4. Quality Assurance/Quality Control Requireme nts

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

(a) Perform a daily monitor failure check.

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

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

5. Missing Data

For any period in which valid data are not being recorded by the PFMS specified in this section, hourly missing or invalid data shall be replaced with substitute data in accordance with the flow monitor missing data requirements for non

- load based units in Subpart D of 40 CFR Part 75.

6. Monitoring Plan Requirements

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

-- Corrected August 13, 2003 Draft



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

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

# Western Backstop Sulfur Dioxide Trading Program,
Utah Administrative Code R307-250

R307. Environmental Quality, Air Quality. R307-250. Western Backstop Sul fur Dioxide Trading Program. R307-250-1. Purpose. This rule implements the Western Back stop (WEB) Sulfur Dioxide Trading Program provisions in accordance with the federal Regi onal Haze Rule, 40 CFR 51.309, and Section XX.E of the State Implementation Plan for Regional Haze, titled "Sulfur Dioxide Milestones and Backstop Trading Program," incorporated under R307-110-28.

R307-250-2. Definitions. The following additional definitions apply to R307-250: "Account Certificate of Representation" or "Certificate" means the completed and signed submission required to designate an Account Re presentative for a WEB source or an Account Representative for a general account. "Account Representative" means the individual who is authorized through an Account Cer tificate of Representation to represent owners and operators of the WEB source with regard to matters under the WEB Trading Program or, for a general account, who is authorized through an Account Certificate of Representation to represent the persons having an ownership interest in allowances in the gene ral account with regard to matters concerning the general account.

"Actual Emissions" means total annual sulfur dioxide emissions determined in accordance with R307-250-9 or determined in accordance with the Sulfur Dioxide Milestone Inventory requirements of R307-150 for sources that are not subject to R307-250-9. "Allocate" means to assign allowances to a WEB source in accordance with SIP Section XX.E.3.a through c. "Allowance" means the limited authorization under the WEB Trading Program to emit one ton of sulfur dioxide during a speci fied control period or any control period thereafter subject to the terms and conditions for use of unused allowances as established by R307-250. "Allowance Limitation" means the tonnage of sulfur dioxide emissions authorized by the allowances available for compliance deduction for a WEB source under R307-250-12 on the allowance transfer deadline for each control period.

"Allowance Transfer Deadline" means the deadline established in R307-250-10(2) when

allowance transfers must be submitted for record ing in a WEB source's compliance account in order to demonstrate compliance for that control period. "Compliance Account" means an account es tablished in the WEB EATS under R307-250- 8(1) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation. "Compliance Certification" means a submission to the executive secretary by the Account Representative as required under R307-250-12(2) to report a WEB source's compliance or noncompliance with R307-250. "Control Period" means the period beginni ng January 1 of each year and ending on December 31 of the same year, inclusive. "Existing Source" means a stationary source that commenced operation before the Program Trigger Date.

### "General Account" means an account estab lished in the WEB EATS under R307-250-8 for the purpose of recording allowances held by a pers on that are not to be used to show compliance

with an allowance limitation.

"Milestone" means the maximum level of stati onary source regional sulfur dioxide emissions for each year from 2003 to 2018, established according to the procedures in SIP Section XX.E.1.

"New WEB Source" means a WEB source th at commenced operation on or after the program trigger date.

"New Source Set-aside" means a pool of allowances that are available for allocation to new sources in accordance with the provisions of SIP Section XX.E.3.c. "Program trigger date" means the date that the executive secretary determines that the WEB Trading Program has been triggered in accordan ce with the provisions of SIP Section XX.E.1.c. "Program trigger years" means the years s hown in SIP Section XX.E.1.a, Table 3, column 3 for the applicable milestone if the WEB Trading Pr ogram is triggered as described in SIP Section

XX.E.1.

"Retired source" means a WEB source that has received a retired source exemption as provided in R307-250-4(4). "Serial number" means, when referring to allowances, the unique identification number assigned to each allowance by the Tracking Syst ems Administrator, in accordance with R307-250- 7(2). "SIP Section XX.E" means Section XX, Part E of the State Implementation Plan, titled "Sulfur Dioxide Milestones and Backstop Trading Program." SIP Section XX, Regional Haze, is incorporated by reference under R307-110-28. "Special Reserve Compliance Account" mean s an account established in the WEB EATS under R307-250-8(1) for the purpose of recording allowances that a WEB source might hold to demonstrate compliance with its allowance limitation for emission units that are monitored for sulfur dioxide in accordance with R307-250-9(1)(b). "Sulfur Dioxide emitting unit" means any equipm ent that is located at a WEB source and

that emits sulfur dioxide. "Submit" means sent to the executive secretary or the Tracking system Administrator under the signature of the Account Representative. For purposes of determining when something is submitted, an official U.S. Postal Service postm ark, or equivalent electronic time stamp, shall

establish the date of submittal. "Ton" means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall be treated as one ton and any fraction of a ton equa ling less than 1000 pounds shall be treated as zero

tons. "Tracking System Administrator" or "TSA " means the person designated by the executive secretary as the administrator of the WEB EATS. "WEB Source" means a stationary source that meets the applicability requirements of R307-

250-4. "WEB Trading Program" means R307-250, the Western Backstop Trading Program, triggered as a backstop in accordance with the pr ovisions in SIP Section XX.E, if necessary, to ensure that regional sulfur dioxide emissions are reduced. "WEB Emissions and Allowance Tracking System (WEB EATS)" means the central

database where sulfur dioxide emissions for WEB sources as recorded and reported in accordance with R307-250 are tracked to determine complian ce with allowance limitations, and the system where allowances under the WEB Trading Program are recorded, held, transferred and deducted.

### "WEB EATS account" means an account in th e WEB EATS established for purposes of recording, holding, transferring, and deducting allowances.

R307-250-3. WEB Trading Program Trigger. (1) Except as provided in (2) below, R307-250 shall apply on the program trigger date that is established in accordance with the procedures in SIP Section XX.E.1.c. (2) Special Penalty Provisions for the 2018 Milestone, R307-250-13, shall apply on January 1, 2018, and shall remain effective until the requirements of R307-250-13 have been met.

R307-250-4. WEB Trading Program Applicability. (1) General Applicability. R307-250 applies to any stationary source or group of stationary

sources that are located on one or more conti guous or adjacent properties and that are under the control of the same person or persons under common control, belonging to the same industrial grouping, and that are described in paragraphs (a) a nd (b) of this subsection. A stationary source or group of stationary sources shall be considered part of a single industria l grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. (a) All BART-eligible sources as defined in 40 CFR 51.301 that are BART-eligible due to

sulfur dioxide emissions. (b) All stationary sources that have actual su lfur dioxide emissions of 100 tons or more per year in the program trigger years or any subseque nt year. The fugitive emissions of a stationary source shall not be considered in determining whether it is subject to R307-250 unless the source belongs to one of the following categories of stationary source: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii) Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii) Primary copper smelters; (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii) Phosphate rock processing plants; (xiii) Coke oven batteries; (xiv) Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi) Primary lead smelters; (xvii) Fuel conversion plants; (xviii) Sintering plants; (xix) Secondary metal production plants; (xx) Chemical process plants; (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

### (xxii) Petroleum storage and transfer un its with a total storage capacity exceeding 300,000 barrels; (xxiii) Taconite ore processing plants; (xxiv) Glass fiber processing plants; (xxv) Charcoal production plants; (xxvi) Fossil-fuel-fired steam electric plan ts of more than 250 million British thermal units per hour heat input; or (xxvii) Any other stationary source categor y, which as of August 7, 1980, is being regulated

under Section 111 or 112 of the Clean Air Act. (b) A new source that begins operation after th e program trigger date and has the potential to emit 100 tons or more of sulfur dioxide per year. (2) The executive secretary may determine on a case-by-case basis, with concurrence from the EPA Administrator, that a stationary source de fined in (1)(b) above that has not previously met the applicability requirements of (1) is not subject to R307-250 if the stationary source had actual

sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years had actual sulfur dioxide emissions of less than 100 tons per year, and: (a)(i) the emissions increase was due to a te mporary emission increase that was caused by a sudden, infrequent failure of air pollution control e quipment, or process equipment, or a failure to operate in a normal or usual manner, and (ii) the stationary source has corrected th e failure of air pollution equipment, process equipment, or process by the time of the executive secretary's determination; or (b) the stationary source had to switch fuel s or feedstocks on a temporary basis and as a result of an emergency situation or unique and unusua l circumstances besides the cost of such fuels

or feedstocks. (3) Duration of Applicability. Except as provide d for in (4) below, once a stationary source is subject to R307-250, it will remain subject to the rule every year thereafter. (4) Retired Source Exemption. (a) Application. Any WEB source that is perman ently retired shall apply for a retired source exemption. The WEB source may be considered pe rmanently retired only if all sulfur dioxide emitting units at the source are permanently retir ed. The application shall contain the following

information: (i) identification of the WEB source, including the plant name and an appropriate identification code in a format specified by the executive secretary; (ii) name of account representative; (iii) description of the status of the WEB source, including the date that the WEB source was permanently retired; (iv) signed certification that the WEB source is permanently retired and will comply with the requirements of R307-250-4(4); and (v) verification that the WEB source has a general account where any unused allowances or

future allocations will be recorded. (b) Notice. The retired source exemption becomes effective when the executive secretary notifies the WEB source that the retired source exemption has been granted. (c) Responsibilities of Retired Sources. (i) A retired source shall be exempt fr om R307-250-9 and R307-250- 12, except as provided

below. (ii) A retired source shall not emit any sulf ur dioxide after the date the retired source

### exemption is issued. (iii) A WEB source shall submit sulfur di oxide emissions reports, as required by R307-250- 9, for any time period the source was operating prior to the effective date of the retired source exemption. The retired source shall be subject to the compliance provisions of R307-250-12, including the requirement to hold allowances in th e source's compliance account to cover all sulfur dioxide emissions prior to the date the source was permanently retired. (iv) A retired source that is still in existen ce but no longer emitting sulfur dioxide shall, for a period of five years from the date the records ar e created, retain records demonstrating that the source is permanently retired for purposes of this rule. (d) Resumption of Operations. (i) Before resuming operation, the retired source must submit registration materials as

follows: (A) If the source is required to obtain an approval order under R307-401 or an operating permit under R307-415 prior to resuming operation, then registration information as described in R307-250-6(1) and a copy of the retired source ex emption must be submitted with the notice of intent under R307-401 or the operating permit application required under R307-415; (B) If the source does not meet the criteria of (A), then registration information as described in R307-250-6(1) and a copy of the retired source exemption must be submitted to the executive secretary at least ninety days prior to resumption of operation. (ii) The retired source exemption shall auto matically expire on the day the retired source resumes operation. (e) Loss of Future Allowances. A WEB source that is permanently retired and that does not apply to the executive secretary for a retired source ex emption within ninety days of the date that the source is permanently retired shall forfeit any unused and future allowances. The abandoned allowances shall be retired by the TSA.

R307-250-5. Account Representative for WEB Sources. (1) Each WEB source must identify one acc ount representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative. (2) Identification and Certification of an account representative. (a) The account representative and any alternate account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissions of the account representative and any alternate binding on the owners and operators of the WEB source. (b) The account representative shall submit to the executive secretary and the TSA a signed and dated certificate that contains the following elements: (i) identification of the WEB source by plant na me and an appropriate identification code in a format specified by the executive secretary; (ii) the name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate; (iii) a list of owners and operators of the WEB source; (iv) information to be part of the emission tracking system database that is established in accordance with SIP Section XX.E.3.i. The specific da ta elements shall be as specified by the the executive secretary to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such as

### 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 s ource. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trad ing Program on behalf of the owners and operators of the WEB source and that the ow ner and operator each shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the executive secretary regarding the WEB Trading Program." (c) Upon receipt by the executive secretary of the complete certificate, the account representative and any alternate account representativ e represents and, by his or her representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB Trading Program . Each owner and operator shall be bound by any decision or order issued by the executive secretary regarding the WEB Trading Program. (d) No WEB EATS account shall be esta blished for the WEB source until the TSA has received a complete Certificate. Once the account is established, all submissions concerning the account, including the deduction or transfer of allowances, shall be made by the account representative. (3) Responsibilities. (a) The responsibilities of the account repres entative include, but are not limited to, the transferring of allowances and the submission of monitoring plans, registrations, certification applications, sulfur dioxide emissions data and compliance reports as required by R307-250, and representing the source in all matters pertaining to the WEB Trading Program. (b) Each submission under this program shall be signed and certified by the account representative for the WEB source. Each submissi on shall include the following truth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of the owners and operators of the WEB source for which the submission is made. I certify under penalty of law that I have personally exam ined, and am familiar with, the statements and

information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaini ng the information, I certify that the statements and information are to the best of my knowledge a nd belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment." (4) Changing the Account Representative or Owners and Operators. (a) Changing the Account Representative or the alternate Account Representative. The account representative or alternate account representative may be changed at any time by sending a complete superseding certificate to the executiv e secretary and the TSA under R307-250-5(2). The change will be effective upon receipt of such certificate by the TSA. Notwithstanding any such change, all representations, actions, inacti ons, and submissions by the previous account representative or alternate prior to the time a nd date when the TSA receives the superseding certificate shall be binding on the new account repres entative and the owners and operators of the

WEB source. (b) Changes in Owner and Operator. (i) Within thirty days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the account representative shall submit a revised certificate amending the list of owners and operators to include such change. (ii) In the event a new owner or operator of a WEB source is not included in the list of

### owners and operators submitted in the certificate, su ch new owner or operator shall be deemed to be subject to and bound by the certificate, the representa tions, actions, inactions, and submissions of the account representative of the WEB source, and the decisions, orders, actions, and inactions of the executive secretary as if the new owner or operator were included in the list.

R307-250-6. Registration. (1) Deadlines. (a) Each source that is a WEB source on or be fore the program trigger date shall register by submitting the initial certificate required in R307-250- 5(2) to the executive secretary no later than 180 days after the program trigger date. (b) Any existing source that becomes a WEB source after the program trigger date shall register by submitting the initial certificate required in R307-250-5(2) to the executive secretary no later than September 30 of the year following the inventory year in which the source exceeded the 100 tons sulfur dioxide emission threshold in R307-250-4(1)(b). (c) Any new WEB source shall register by submitting the initial certificate required in R307-250-5(2) to the executive secretary prior to commencing operation. (2) Any allocation, transfer or deduction of a llowances to or from the source's compliance account shall not require a revision of the WEB source's operating permit under R307-415.

R307-250-7. Allowance Allocations. (1) The TSA will record the allowances fo r each WEB source in the source's compliance account once the allowances are allocated by the executive secretary under SIP Section XX.E.3.a through c. If applicable, the TSA will record a por tion of the sulfur dioxide allowances for a WEB source in a special reserve compliance account to account for any allowances to be held by the source that conducts monitoring in accordance with R307-250-9(1)(b). (2) The TSA will assign a serial number to each allowance in accordance with SIP Section

XX.E.3.f. (3) All allowances shall be allocated, recorde d, transferred, or used as whole allowances. To determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater. (4) An allowance is not a property right, a nd is a limited authorization to emit one ton of sulfur dioxide valid only for the purpose of mee ting the requirements of R307-250. No provision of the WEB Trading Program or other law should be construed to limit the authority of the executive secretary to terminate or limit such authorization. (5) Early Reduction Bonus Allocation. Any non-utility WEB source that installs new control technology and that reduces its permitted annua l sulfur dioxide emissions to a level that is

below the floor level allocation established for th at source in SIP Section XX.E.3.a(1)(b)(i) or any utility that reduces its permitted annual sulfur dioxi de emissions to a level that is below best available control technology may apply to the executive secretary for an early reduction bonus

allocation. The bonus allocation shall be available for reductions that occur between 2003 and the program trigger year. The application must be submitted no later than 90 days after the program trigger date. Any WEB source that applies and recei ves early reduction bonus allocations must retain

the records referenced in this section for a mi nimum of five years after the early reduction bonus

allowance is certified in accordance with SIP Section XX.E.3.a(1)(c). The application for an early reduction bonus allocation must contain the following information: (a) copies of all approval orders, operating permits or other enforceable documents that

### include annual sulfur dioxide emissions limits for the WEB source during the period the WEB source qualifies for an early reduction credit. A pproval orders, permits, or enforceable documents must contain monitoring requirements for sulfur di oxide emissions that meet the specifications in R307-250-9(1)(a). (b) demonstration that the floor level established for the source in SIP Section XX.E.3.a(1)(b)(i) for non-utilities or best availabl e control technology for utilities was calculated using data that are consistent with monitoring met hods specified in R307-250-9(1)(a). If needed, the

demonstration shall include a new floor level calcu lation that is consistent with the monitoring methodology in R307-250-9. (6) Request for Allowances for New WEB Sources or Modified WEB Sources. (a) A new WEB source may apply to the execu tive secretary for an allocation from the new source set-aside, as outlined in SIP Section XX.E.3.c . A new WEB source is eligible for an annual floor allocation equal to the lower of the perm itted annual sulfur dioxide emission limit for that source, or sulfur dioxide annual emissions calculate d based on a level of control equivalent to best available control technology (BACT) and assumi ng 100 percent utilization of the WEB source, beginning with the first full calendar year of operation. (b) An existing WEB source that has incr eased production capacity through a new approval order issued under R307-401 may apply to the execu tive secretary for an allocation from the new source set-aside, as outlined in SIP Section XX.E.3.c . An existing WEB source is eligible for an annual allocation equal to: (i) the permitted annual sulfur dioxide emission limit for a new unit; or (ii) the permitted annual sulfur dioxide em ission increase for the WEB source due to the replacement of an existing unit with a new unit or the modification of an existing unit that increased production capacity of the WEB source. (c) A source that has received a retired source exemption under R307-250-4(4) is not eligible for an allocation from the new source set-aside. (d) The application for an allocation from the new source set-aside must contain the following: (i) for a new WEB source or a new unit under R307-250-7(6)(b)(i), documentation of the actual date of the commencement of operation a nd a copy of the approval order issued under R307- 401; (ii) for an existing WEB source under R307-250-7(6)(b)(ii), documentation of the production capacity of the source before and after the new permit.

R307-250-8. Establishment of Accounts. (1) WEB EATS. All WEB sources are required to open a compliance account. Any person may open a general account for the purpose of holding and transferring allowances. In addition, if a WEB source conducts monitoring under R307-250-9(1 )(b), the WEB source shall open a special reserve compliance account for allowances associat ed with units monitored under those provisions. To open any type of account, an application that contains the following information must be

submitted to the TSA: (a) the name, mailing address, e-mail address, telephone number, and facsimile number of the account representative. For a compliance account, the application shall include a copy of the certificatefor the account representative and any a lternate as required in R307-250-5(2)(b). For a general account, the application shall include the certificate for the account representative and any alternate as required in (3)(b) below.

### (b) the WEB source or organization name; (c) the type of account to be opened; (d) identification of the sp ecific units that are being monitored under R307-250-9(1)(b) and that must demonstrate compliance with the allo wance limitation in the special reserve compliance account; and (e) a signed certification of truth and accura cy by the account representative according to R307-250-5(3)(b) for compliance accounts and for general accounts, certification of truth and accuracy by the account representative according to (4) below. (2) Account Representative for General A ccounts. For a general account, one account representative must be identified and an alternat e account representative may be identified and may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative. (3) Identification and Certification of an Account Representative for General Accounts. (a) The account representative shall be appointed by an agreement that makes the representations, actions, inactions or submissi ons of the account representative binding on all persons who have an ownership interest with respect to allowances held in the general account. (b) The account representative shall submit to the TSA a signed and dated certificate that contains the following elements: (i) the name, address, e-mail (if availabl e), telephone and facsimile number of the account representative and any alternate; (ii) the organization name, if applicable; (iii) the following certification statement: "I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on all persons who have an ownership interest in allowan ces in the general account with regard to matters concerning the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB Trading Program on behalf of said persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions." (c) Upon receipt by the TSA of the comple te certificate, the account representative represents and, by his or her representations, acti ons, inactions, or submissions, legally binds each person who has an ownership interest in allowances held in the general account with regard to all matters concerning the general account. Such persons shall be bound by any decision or order issued by the executive secretary. (d) A WEB EATS general account shall not be established until the TSA has received a complete certificate. Once the account is estab lished, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances. (4) Requirements and Responsibilities for Ge neral Accounts. Each submission for the general account shall be signed and certified by th e account representative for the general account. Each submission shall include the following tr uth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of all person who have an ownership interest in allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, th e statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and in formation or omitting required statements and

### 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 change d at any time by sending a complete superseding certificate to the executive secretary and the TSA under (3)(b) above. The change will take effect upon the receipt of the certificate by the TSA. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the TSA receives the supersed ing certificate shall be binding on the new account representative and all persons having ownership inte rest with respect to allowances held in the general account. (6) Changes to the Account. Any change to the information required in the application for an existing account under (1) above shall require a revision of the application.

R307-250-9. Monitoring, Recordkeeping and Reporting. (1) General Requirements on Monitoring Methods. (a) For each sulfur dioxide emitting unit at a WEB source the WEB source shall comply with the following, as applicable, to monitor and record sulfur dioxide mass emissions. (i) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB Trading Program, the unit shall meet the require ments contained in Part 75 with respect to monitoring, recording and reporting sulfur dioxide mass emissions. (ii) If a unit is not subject to 40 CFR Pa rt 75 under a requirement separate from the WEB Trading Program, a unit shall use one of the following monitoring methods, as applicable: (A) a continuous emission monitoring system (CEMS) for sulfur dioxide and flow that complies with all applicable monitoring provisions in 40 CFR Part 75; (B) if the unit is a gas- or oil-fire d combustion device, the excepted monitoring methodology in Appendix D to 40 CF R Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to sulfur dioxi de mass emissions only) of 40 CFR 75.19; (C) one of the optional WEB protocols, if applicable, in Appendix B of State Implementation Plan Section XX, Regional Haze; or (D) a petition for site-specific monitoring that the source submits for approval by the executive secretary and approval by the U.S. Envir onmental Protection Agency in accordance with R307-250-9(9). (iii) A permanently retired unit shall not be required to monitor under this section if such unit was permanently retired and had no emissions for the entire control period and the account representative certifies in accordance with R307- 250-12(2) that these conditions were met. (b) Notwithstanding (a) above, a WEB source w ith a unit that meets one of the conditions of (i) below may submit a request to the executive secr etary to have the provisions of this subsection (b) apply to that unit. (i) Any of the following units may implement this subsection (b): (A) any smelting operation where all of the em issions from the operation are not ducted to a stack; or (B) any flare, except to the extent such flares are used as a fuel gas combustion device at a petroleum refinery; or (C) any other type of unit without add-on su lfur dioxide control equipment, if the unit belongs to one of the following source categories: cement kilns, pulp and paper recovery furnaces, lime kilns, or glass manufacturing. (ii) For each unit covered by this subsecti on (b), the account representative shall submit a

### 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 accord ance with the deadlines specified in R307-250- 9(6)(a), and shall include the following information (in a format specified by the executive secretary with such additional, related information as may be requested): (A) a list of all units at the WEB source that identifies the units that are to be covered by this subsection (b); (B) an identification of any such units that are permanently retired. (iii) For each new unit at an existing WEB source for which the WEB source seeks to comply with this subsection (b) and for which th e account representative applies for an allocation under the new source set-aside provisions of R307- 250-7(6), the account representative shall submit a modified notice under (ii) above that include s such new sulfur dioxide emitting units. The modified request shall be submitted in accordance with the deadlines in R307-250-9(6)(a), but no later than the date on which a request is submitte d under R307-250-7(6) for allocations from the setaside. (iv) The account representative for a WE B source shall submit an annual emissions statement for each unit under this subsection (b) pursuant to R307-250-9(8). The WEB source shall maintain operating records sufficient to estimat e annual sulfur dioxide emissions in a manner consistent with the emission inventory submitted by the source for calendar year 2006. In addition, if

the estimated emissions from all such units at th e WEB source are greater than the allowances for the current control year held in the special re serve compliance account for the WEB source, the account representative shall report the extra amount as part of the annual report for the WEB source under R307-250-12 and shall obtain and transfer allowances into the special reserve compliance

account to account for such emissions. (v) R307-250-9(2) - (10) shall not apply to units covered by this paragraph except where

otherwise noted. (vi) A WEB source may opt to modify the monitoring for a sulfur dioxide emitting unit to use monitoring under (a) above, but any such monitori ng change must take effect on January 1 of the next compliance year. In addition, the account repr esentative must submit an initial monitoring plan at least 180 days prior to the date on which th e new monitoring will take effect and a detailed monitoring plan in accordance with (2) below. The account representative shall also submit a revised notice under R307-250-9(1)(b)(ii) at the same time that the initial monitoring plan is

submitted. (c) For any monitoring method that the WEB source uses under R307-250-9 including (b) above, the WEB source shall install, certify, and ope rate the equipment in accordance with this section, and record and report the data from the method as required in this section. In addition, the WEB source may not: (i) except for an alternative approved by the EPA Administrator for a WEB source that implements monitoring under (a) above, use an alte rnative monitoring system, alternative reference method or another alternative for the required monitoring method without having obtained prior written approval in accordance with (9) below; (ii) operate a sulfur dioxide emitting unit so as to discharge, or allow to be discharged, sulfur dioxide emissions to the atmosphere without accoun ting for these emissions in accordance with the applicable provisions of this section; (iii) disrupt the approved monitoring met hod or any portion thereof, and thereby avoid monitoring and recording sulfur dioxide mass emissi ons discharged into the atmosphere, except for periods of recertification or periods when calibra tion, quality assurance testing or maintenance is

### 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 fr om the unit with another certified monitoring method approved under this Section for use at the un it that provides data for the same parameter as the retired or discontinued monitoring method; or (C) the account representative submits notificati on of the date of cer tification testing of a replacement monitoring system in accordance with this Section, and the WEB source recertifies thereafter a replacement monitoring system in accord ance with the applicable provisions of this

Section. (2) Monitoring Plan. (a) General Provisions. A WEB source with a sulfur dioxide emitting unit that uses a monitoring method under (1)(a)(ii) above shall meet the following requirements. (i) Prepare and submit to the executive s ecretary an initial monitoring plan for each monitoring method that the WEB source uses to comp ly with this Section. In accordance with (c) below, the plan shall contain sufficient information on the units involved, the applicable method, and

the use of data derived from that method to dem onstrate that all unit sulfur dioxide emissions are monitored and reported. The plan shall be submitted in accordance with the deadlines specified in (6) below. (ii) Prepare, maintain and submit to the executive secretary a detailed monitoring plan in accordance with the deadlines specified in (6) be low. The plan will contain the applicable information required by (d) below. The executive secr etary may require that the monitoring plan or portions of it be submitted electronically. The executiv e secretary may also require that the plan be submitted on an ongoing basis in electronic format as part of the quarterly report submitted under (8)(a) below or resubmitted separately within 30 da ys after any change is made to the plan in accordance with (iii) below. (iii) Whenever a WEB source makes a replacem ent, modification, or change in one of the systems or methodologies provided for in (1)(a)(ii) above, including a change in the automated data acquisition and handling system or in the flue gas handling system, that affects information reported in the monitoring plan, such as a change to seri al number for a component of a monitoring system, then the WEB source shall update the monitoring plan. (b) A WEB source with a sulfur dioxide emitting unit that uses a method under (1)(a)(i) above shall meet the requirements of this subs ection (2) by preparing, maintaining and submitting a monitoring plan in accordance with the requireme nts of 40 CFR Part 75. If requested, the WEB source also shall submit the entire monitoring plan to the executive secretary. (c) Initial Monitoring Plan. The account repr esentative shall submit an initial monitoring plan for each sulfur dioxide emitting unit or group of units sharing a common methodology that, except as otherwise specified in an applicable pr ovision in Appendix B of State Implementation Plan Section XX, contains the following information: (i) For all sulfur dioxide emitting units: (A) plant name and location; (B) plant and unit identification numbers assigned by the executive secretary; (C) type of unit, or units for a group of units using a common monitoring methodology; (D) identification of all stacks or pi pes associated with the monitoring plan;

### (E) types of fuels fired or sulfur containi ng process materials used in the sulfur dioxide emitting unit, and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 methodology; (F) types of emissions controls for sulfur dioxide installed or to be installed, including specifications of whether such controls are pr e-combustion, post-combustion, or integral to the combustion process; (G) maximum hourly heat input capacity, or process throughput capacity, if applicable; (H) identification of all units using a common stack; and (I) indicator of whether any stack identified in the plan is a bypass stack. (ii) For each unit and parameter required to be monitored, identification of monitoring methodology information, consisting of monitoring methodology, monitor locations, substitute data approach for the methodology, and general identifi cation of quality assurance procedures. If the proposed methodology is a specific methodology submitted pursuant to (1)(a)(ii)(D) above, the description under this paragraph shall describe fully all aspects of the monitoring equipment, installation locations, operating characteristics, certification testing, ongoing quality assurance and maintenance procedures, and substitute data procedures. (iii) If a WEB source intends to petition for a change to any specific monitoring requirement otherwise required under this Section, such pe tition may be submitted as part of the initial monitoring plan. (iv) The executive secretary may issue a no tice of approval or disapproval of the initial monitoring plan based on the compliance of th e proposed methodology with the requirements for monitoring in this Section. (d) Detailed Monitoring Plan. The account representative shall submit a detailed monitoring plan that, except as otherwise specified in an applicable provision in Appendix C of State Implementation Plan Section XX, the Regional Haze SIP, shall contain the following information: (i) Identification and descri ption of each monitoring component (including each monitor and its identifiable components, such as analyzer or probe) in a continuous emissions monitoring system (e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmete r, data acquisition and handling system), or a protocol in Appendix B of SIP Section XX, including: (A) manufacturer, model number and serial number; (B) component and system identification code assigned by the facility to each identifiable monitoring component, such as the analyzer and/or probe; (C) designation of the component type and method of sample acquisition or operation such as in situ pollutant concentration monitor or thermal flow monitor; (D) designation of the system as a primary or backup system; (E) first and last dates the system reported data; (F) status of the monitoring component; and (G) parameter monitored. (ii) Identification and description of all major hardware and software components of the automated data acquisition and handling system, including: (A) hardware components that perform emi ssion calculations or store data for quarterly reporting purposes, including the manufacturer and model number; and (B) identification of the provider and model or version number of the software components. (iii) Explicit formulas for each measured em issions parameter, using component or system identification codes for the monitoring system used to measure the parameter that links the system

### observations with the reported concentrations a nd mass emissions. The formulas must contain all constants and factors required to derive mass emissions from component or system code

observations and an indication of whether the fo rmula is being added, corrected, deleted, or is unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the optional low mass emissions excepted methodology in 40 CFR Part 75.19(c) is not required to report

such formulas. (iv) For units with flow monitors only, the in side cross-sectional area in square feet at the flow monitoring location. (v) If using CEMS for sulf ur dioxide and flow, for each parameter monitored, include the scale, maximum potential concentration a nd method of calculation, maximum expected concentration, if applicable, and method of calcu lation, maximum potential flow rate and method of calculations, span value, full-scale range, daily calib ration units of measure, span effective date and hour, span inactivation date and hour, indication of whether dual spans are required, default high range value, flow rate span, and flow rate span va lue and full scale value in standard cubic feet per hour for each unit or stack using sulfur dioxide or flow component monitors. (vi) If the monitoring system or excep ted methodology provides for use of a constant, assumed, or default value for a parameter under sp ecific circumstances, then include the following information for each value of such parameter: (A) identification of the parameter; (B) default, maximum, minimum, or constant value, and units of measure for the value; (C) purpose of the value; (D) indicator of use during controlled and uncontrolled hours; (E) types of fuel; (F) source of the value; (G) value effective date and hour; (H) date and hour value is no longer effective, if applicable; and (I) for units using the excepted methodology under 40 CFR 75.19, the applicable sulfur

dioxide emission factor. (vii) Unless otherwise specified in subs ection 6.5.2.1 of Appendix A to 40 CFR Part 75, for

each unit or common stack on which continuous emissions monitoring system hardware are

installed: (A) the upper and lower boundaries of the ra nge of operation as defined in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of pounds per hour (lb/hr) of steam, or feet per second (ft/sec), as applicable; (B) the load or operating level(s) designa ted as normal in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec, as applicable; (C) the two load or operating levels (i.e., low, mid, or high) identified in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently used; (D) the date of the data analysis used to determine the normal load (or operating) level(s) and the two most frequently-used load or operating levels; and (E) activation and deactivation dates when th e normal load or operating levels change and are updated. (viii) For each unit that is complying with 40 CFR Part 75 for which the optional fuel flowto-load test in subsection 2.1.7 of Appendix D to 40 CFR Part 75 is used: (A) the upper and lower boundaries of the ra nge of operation as defined in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam;

### (B) the load level designated as normal, pursuant to subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; and (C) the date of the load analysis used to determine the normal load level. (ix) Information related to quality assurance testing, including, as applicable: identification of the test strategy; protocol for the relative accuracy test audit; other relevant test information; calibration gas levels expressed as percent of span for the calibration error test and linearity check; and calculations for determining maximum potential concentration, maximum expected concentration if applicable, maximum potential flow rate, and span. (x) If applicable, apportionment strate gies under sections 75.10 through 75.18 of 40 CFR

Part 75. (xi) Description of site locations for each monitoring component in a monitoring system, including schematic diagrams and engineering drawings and any other documentation that demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a continuous emission monitoring system, diagrams shall include: (A) a schematic diagram identifying entire ga s handling system from unit to stack for all units, using identification numbers for units, monitor components, and stacks corresponding to the identification numbers provided in the initial monito ring plan and (i) and (iii) above. The schematic diagram must depict the height of any monitor lo cations. Comprehensive and/or separate schematic diagrams shall be used to describe groups of units using a common stack; and (B) stack and duct engineering diagrams s howing the dimensions and locations of fans, turning vanes, air preheaters, monitor component s, probes, reference method sampling ports, and other equipment that affects the monitoring system location, performance, or quality control checks. (xii) A data flow diagram denoting the co mplete information handling path from output signals of CEMS components to final reports. (e) In addition to supplying the information in (c) and (d) above, the WEB source with a sulfur dioxide emitting unit using either of the me thodologies in (1)(a)(ii)(B) above shall include the following information in its monitoring plan for the specific situations described: (i) For each gas-fired or oil-fired sulfur dioxide emitting unit for which the WEB source uses the optional protocol in Appendix D to 40 CF R Part 75 for sulfur dioxide mass emissions, the Account Representative shall include the following information in the monitoring plan: (A) parameter monitored; (B) type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum fuel flow rate expressed as the uppe r range value or unit maximum for each fuel flowmeter; (C) test method used to check the accuracy of each fuel flowmeter; (D) submission status of the data; (E) monitoring system identification code; (F) the method used to demonstrate that th e unit qualifies for monthly gross calorific value (GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; (G) a schematic diagram identifying the relationship between the unit, all fuel supply lines, the fuel flowmeters, and the stacks. The schematic diagram must depict the installation location of each fuel flowmeter and the fuel sampling locations . Comprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe; (H) for units using the optional default sulfur dioxide emission rate for "pipeline natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate compliance with either subsection 2.3.1.4 or 2.3.2.4 of Appendix D

### to 40 CFR Part 75; (I) for units using the 720 hour test under s ubsection 2.3.6 of Appendix D to 40 CFR Part 75 to determine the required sulfur sampling requirement s, report the procedures and results of the test;

and (J) for units using the 720 hour test under subsection 2.3.5 of Appendix D to 40 CFR Part 75 to determine the appropriate fuel GCV sampling frequency, report the procedures used and the

results of the test. (ii) For each sulfur dioxide emitting unit for which the WEB source uses the low mass emission excepted methodology of 40 CFR 75.19, the WE B source shall include the information in (A) through (F) in the monitoring plan that accompanies the initial certification application. (A) The results of the analysis performe d to qualify as a low mass emissions unit under 40 CFR 75.19(c). This report will include either the prev ious three years' actual or projected emissions. The report will include the current calendar year of application; the type of qualification; years one, two, and three; annual measured, estimated or proj ected sulfur dioxide mass emissions for years one, two, and three; and annual operating hours for years one, two, and three. (B) A schematic diagram identifying the relati onship between the unit, all fuel supply lines and tanks, any fuel flowmeters, and the stacks. Co mprehensive or separate schematic diagrams shall be used to describe groups of units using a common pipe. (C) For units which use the long term fuel flow methodology under 40 CFR 75.19(c)(3), a diagram of the fuel flow to each unit or group of units and a detailed description of the procedures used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the unit or group of units. (D) A statement that the unit burns only gaseous fuels or fuel oil and a list of the fuels that are burned or a statement that the unit is projected to burn only gaseous fuels or fuel oil and a list of the fuels that are projected to be burned. (E) A statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and (b) with respect to sulfur dioxide emissions. (F) Any unit historical actual, estimated a nd projected sulfur dioxide emissions data and

calculated sulfur dioxide emissions data dem onstrating that the unit qualifies as a low mass emissions unit under 40 CFR 75.19(a) and (b). (iii) For each gas-fired unit, the account re presentative shall include the following in the monitoring plan: current calendar year, fuel usage da ta as specified in the de finition of gas-fired in 40 CFR 72.2, and an indication of whether the data are actual or projected data. (f) The specific elements of a monitoring plan under this section shall not be part of a WEB source's operating permit issued under R307-415, and modifications to the elements of the plan shall not require a permit modification. (3) Certification and Recertification. (a) All monitoring systems are subject to initial certification and recertification testing as specified in 40 CFR Part 75 or A ppendix B of State Implementation Plan Section XX, as applicable. Certification or recertification of a monitoring sy stem by the U.S. EPA for a WEB source that is subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification under the WEB Trading Program. (b) The WEB source with a sulfur dioxide emitting unit not otherwise subject to 40 CFR

Part 75 that monitors sulfur dioxide mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of this section shall perform all of the tests required by that regulation and shall submit the following to the executive secretary:

### (i) a test notice, not later than 21 days before the certification testing of the monitoring system, provided that the executive secretary may establish additional requirements for adjusting test dates after this notice as part of the approval of the initial monitoring plan under (2)(c) above; and (ii) an initial certification application within 45 days after testing is complete. (c) A monitoring system will be considered provisionally certified while the application is pending. (d) Upon receipt of a disapproval of the certif ication of a monitoring system or component,

the certification is revoked. The data measured a nd recorded shall not be considered valid qualityassured data from the date of issuance of the notification of revocation until the WEB source completes a subsequently-approved certification or re-certification test in accordance with the procedures in this rule. The WEB source shall appl y the substitute data procedures in this rule to replace all of the invalid data for each disapproved system or component. (4) Ongoing Quality Assurance and Quality C ontrol. The WEB source shall satisfy the applicable quality assurance and quality control requirements of 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix B of State Implementation Plan Section XX, the applicable quality assurance and quality cont rol requirements in Appendix B of State Implementation Plan Section XX on and after the date that certification testing commences. (5) Substitute Data Procedures. (a) For any period after certification testing is complete in which quality assured, valid data are not being recorded by a monitoring system certified and operating in accordance with R307-250, missing or invalid data shall be replaced with subs titute data in accordance with 40 CFR Part 75 or, if the WEB source is subject to a WEB protocol in Appendix B of State Implementation Plan Section XX, with substitute data in accordance with that Appendix. (b) For a sulfur dioxide emitting unit that does not have a certified or provisionally certified monitoring system in place as of the beginning of th e first control period for which the unit is subject to the WEB Trading Program, the WEB source shall use one of the following procedures. (i) If the WEB source will use a continuous emissions monitoring system to comply with this Section, substitute the maximum potential concen tration of sulfur dioxide for the unit and the maximum potential flow rate, as determined in acco rdance with 40 CFR Part 75. The procedures for conditional data validation under section 75.20(b)(3) may be used for any monitoring system under this Rule that uses these 40 CFR Part 75 procedures, as applicable. (ii) If the WEB source will use the 40 CF R Part 75 Appendix D methodology, substitute the maximum potential sulfur content, density or gro ss calorific value for the fuel and the maximum potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75. (iii) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions units, substitute the sulfur dioxide emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2. (iv) If using a protocol in Appendix B of State Implementation Plan Section XX, follow the procedures in the applicable protocol. (6) Deadlines. (a) The initial monitoring plan required under R307-250-9(2)(a)(i) shall be submitted by the following dates: (i) for each source that is a WEB source on or before the program trigger date, the monitoring plan shall be submitted 180 days after such program trigger date. (ii) for any existing source that becomes a WEB source after the program trigger date, the monitoring plan shall be submitted by September 30 of the year following the inventory year in

### 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 pl an shall be included with the notice of intent required by R307-401. (b) The detailed monitoring plan required under R307-250-9(2)(a)(ii) shall be submitted no later than 45 days prior to commencing certifica tion testing in accordance with (c) below. Modifications to the monitoring plan shall be submitted within 90 days of implementing revised monitoring plans. (c) Emission monitoring systems shall be inst alled, operational and shall have met all of the certification testing requirements of R307-250-9(3) , including any referenced in Appendix B of State Implementation Plan Section XX, by the following dates: (i) for each source that is a WEB source on or before the program trigger date, two years prior to the start of the first control period as described in R307-250-12. (ii) for any existing source that becomes a WEB source after the program trigger date, one year after the due date for the monitoring plan under (6)(a)(ii) above. (iii) for any new WEB source or any new unit at a WEB source, the earlier of 90 unit operating days or 180 calendar days after the date the new source commences operation. (d) The WEB source shall submit test notices and certification applications in accordance with the deadlines set forth in R307-250-9(3)(b). (e) For each control period, the WEB source sh all submit each quarterly report no later than 30 days after the end of each calendar quarter, a nd shall submit each annual report no later than 60 days after the end of each calendar year. (7) Recordkeeping. (a) The WEB source shall keep copies of all reports, registration materials, compliance certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this Rule for a period of five years. In addition, the WEB source shall keep a copy of all certificates for the duration of the WEB Trading Program. Unle ss otherwise requested by the WEB source and approved by the executive secretary, the copies shall be kept on site. (b) The WEB source shall keep records of all operating hours, quality assurance activities, fuel sampling measurements, hourly averages for su lfur dioxide, stack flow , fuel flow, or other continuous measurements, as applicable, and any other applicable data elements specified in this section or in Appendix B of State Implementation Plan Section XX. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any sulfur dioxide emitting unit that uses a Part 75 monitoring method to meet the requirements of this Section. (8) Reporting. (a) Quarterly Reports. For each sulfur dioxi de emitting unit, the account representative shall submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be in a format specified by the executive secretar y, including hourly and quality assurance activity information, and shall be submitted in a manner compatible with the WEB EATS. If the WEB source submits a quarterly report under 40 CFR Pa rt 75 to the U.S. EPA Administrator, no additional report under this paragraph (a) shall be required. The executive secretary may require that a copy of that report or a separate statement of quarterly and cumulative annual sulfur dioxide mass emissions be submitted separately. (b) Annual Report. Based on the quarterly reports, each WEB source shall submit an annual

statement of total annual sulfur dioxide emissions fo r all sulfur dioxide emitting units at the source. The annual report shall identify total emissions fo r all units monitored in accordance with (1)(a)

### above and the total emissions for all units with emissions estimated in accordance with (1)(b) above. The annual report shall be submitted within 60 days after the end of a control period. (c) If directed by the executive secretary, monitoring plans, reports, certifications or recertifications, or emissions data required to be submitted under this section also shall be submitted

to the TSA. (d) If the executive secretary rejects any report submitted under this subsection that contains errors or fails to satisfy the requirements of this section, the account representative shall resubmit the report to correct any deficiencies. (9) Petitions. A WEB source may petition for an alternative to any requirement specified in (1)(a)(ii) above. The petition shall require approval of the executive secretary and the Administrator. Any petition submitted under this paragraph shall incl ude sufficient information for the evaluation of the petition, including, at a minimum, the following information: (a) identification of the WEB source and applicable sulfur dioxide emitting unit(s); (b) a detailed explanation of why the proposed alternative is being suggested in lieu of the requirement; (c) a description and diagram of any equi pment and procedures used in the proposed alternative, if applicable; and (d) a demonstration that the proposed altern ative is consistent with the purposes of the requirement for which the alternative is proposed, is consistent with the purposes of R307-250, and that any adverse effect of approving such alternative will be de minimis; and (e) any other relevant information that the executive secretary may require. (10) For any monitoring plans, reports, or other information submitted under this Rule, the account representative shall ensure that, where applicable, identifying information is consistent with the identifying information provided in the most recent certificate for the WEB source submitted

under R307-250-5.

R307-250-10. Allowance Transfers. (1) Procedure. To transfer allowances, the account representative shall submit the following

information to the TSA: (a) the number or numbers identifying the transferor account; (b) the number or numbers identifying the transferee account; (c) the serial number of each allowance to be transferred; and (d) the transferor's account representative's name, signature, and the date of submission. (2) Allowance Transfer Deadline. The a llowance transfer deadline is midnight Pacific Standard Time on March 1 of each year, or, if this date is not a business day, midnight of the first business day thereafter, following the end of the c ontrol period. By this time, the transfer of the allowances into the WEB source's compliance account must be correctly submitted to the TSA in order to demonstrate compliance under R307-250-12 for that control period. (3) Retirement of Allowances. To permanen tly retire allowances, the transferor's account representative shall submit the following information to the TSA: (a) the transfer account number identifying the transferor account; (b) the serial number of each allowance to be retired; and (c) the transferor's account representative' s name, signature, and the date of submission accompanied by a signed statement acknowledging that each retired allowance is no longer available for future transfers from or to any account. (4) Special Reserve Compliance Accounts. Allowances shall not be transferred out of

### 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 he ld in a compliance account or general account will remain in the account until the allowance is either deducted in conjunction with the compliance process, or

transferred to another account. (2) In order to demonstrate complian ce under R307-250-12(1) for a control period, WEB sources shall only use allowances allocated for that control period or any previous year. (3) If flow control procedures for the current control period have been triggered as outlined in SIP Section XX.E.3.h(2), then the use of allowances that were allocated for any previous year will be limited in the following ways. (a) The number of allowances that are held in each compliance account and general account

as of the allowance transfer deadline for the immedi ately previous year and that were allocated for any previous year will be determined. (b) The number determined in (a) above will be multiplied by the flow control ratio

established in accordance with SIP Section XX.E.3.h to determine the number of allowances that were allocated for a previous year that can be used without restriction for the current control period. (c) Allowances that were allocated for a pr evious year in excess of the number determined in (b) above may also be used for the current cont rol period. If such allowances are used to make a deduction, two allowances must be deducted fo r each deduction of one allowance required under

R307-250-12. (4) Special provisions for the year 2018. After compliance with the 2017 allowance limitation has been determined in accordance with R307-250-12(1), allowances allocated for any year prior to 2018 shall not be used for determ ining compliance with the 2018 allowance limitation or any future allowance limitation. (5) Special Reserve Compliance Accounts. Unused allowances in any special reserve compliance account will be retired after the compliance deductions under R307-250-12 have been completed for each control period, and shall not be available for use in any future control period.

R307-250-12. Compliance. (1) Compliance with Allowance Limitations. (a) The WEB source must hold allowances, in accordance with (b)and (c) below and R307- 250-11, as of the allowance transfer deadline in the WEB source's compliance account, together with any current control year allowances held in the WEB source's special reserve compliance account under R307-250-9(1)(b), in an amount not less than th e total sulfur dioxide emissions for the control period from the WEB source, as determined unde r the monitoring and reporting requirements of

R307-250-9. (i) For each source that is a WEB source on or before the program trigger date, the first control period is the calendar year that is six years following the calendar year for which sulfur

dioxide emissions exceeded the milestone as determined in accordance with SIP Section XX.E.1. (ii) For any existing source that becomes a WEB source after the program trigger date, the first control period is the calendar year that is f our years following the inve ntory year in which the

source became a WEB source. (iii) For any new WEB source after the program trigger date, the first control period is the first full calendar year that the source is in operation.

### (iv) If the WEB Trading Program is tr iggered in accordance with the 2013 review procedures in SIP Section XX.E.1.d, the first contro l period for each source that is a WEB source on or before the program trigger date is the year 2018. (b) Allowance transfer deadline. An allowance may only be deducted from the WEB source's compliance account if: (i) the allowance was allocated for the current control period or meets the requirements in R307-250-11 for use of allowances from a previous control period, and (ii) the allowance was held in the WEB s ource's compliance account as of the allowance transfer deadline for the current control period, or was transferred into the compliance account by an allowance transfer correctly submitted for record ing by the allowance transfer deadline for the current control period. (c) Compliance with allowance limitations shall be determined as follows. (i) The total annual sulfur dioxide emissions fo r all sulfur dioxide emitting units at the source that are monitored under R307-250-9(1)(b), as repor ted by the source to the executive secretary, in accordance with R307-250-9, and recorded in the WEB EATS shall be compared to the allowances held in the source's special reserve compliance acc ount as of the allowance transfer deadline for the current control period, adjusted in accordance with R307-250-11. If the emissions are equal to or less than the allowances in such account, all such allowances shall be retired to satisfy the obligation

to hold allowances for such emissions. If the tota l emissions from such units exceed the allowances in such special reserve compliance account, the WE B source shall account for such excess emissions in the following paragraph (ii). (ii) The total annual sulfur dioxide emissi ons for all sulfur dioxide emitting units at the source that are monitored under R307-250-9(1)(a), as reported by the source to the executive secretary in accordance with R307-250-9 and recorded in the WEB EATS, together with any excess emissions as calculated in the preceding paragraph (i), shall be compared to the allowances held in the source's compliance account as of the allowance transfer deadline for the current control period, adjusted in accordance with R307-250-11. (iii) If the comparison in paragraph (ii) above results in emissions that exceed the allowances held in the source's compliance account , the source has exceeded its allowance limitation and the excess emissions are subject to the allowance deduction penalty in R307-250-12(3)(a). (d) Other than allowances in a special re serve compliance account for units monitored under R307-250-9(1)(b), to the extent consistent with R307-250-11, allowances shall be deducted for a WEB source for compliance with the allowance lim itation as directed by the WEB source's account representative. Deduction of any other allowances as necessary for compliance with the allowance limitation shall be on a first-in, first-out accounting basis in the order of the date and time of their recording in the WEB source's compliance account, be ginning with the allowances allocated to the WEB source and continuing with the allowances transferred to the WEB source's compliance account from another compliance account or general account. The allowances held in a special reserve compliance account pursuant to R307-250-9( 1)(b) shall be deducted as specified in paragraph (c)(i) above. (2) Certification of Compliance. (a) For each control period in which a WEB source is subject to the allowance limitation, the account representative of the source shall submit to the executive secretary a compliance certification report for the source. (b) The compliance certification report sha ll be submitted no later than the allowance transfer deadline of each control period, and shall contain the following:

### (i) identification of each WEB source; (ii) at the account representative's option, the se rial numbers of the allowances that are to be deducted from a source's compliance account or sp ecial reserve compliance account for compliance with the allowance limitation; and (iii) the compliance certification report according to (c) below. (c) In the compliance certification report, the account representative shall certify, based on reasonable inquiry of those persons with primar y responsibility for operating the WEB source in compliance with the WEB Trading Program, whet her the WEB source for which the compliance certification is submitted was operated in complia nce with the requirements of the WEB Trading Program applicable to the source during the control period covered by the report, including: (i) whether the WEB source operated in compliance with the sulfur dioxide allowance limitation; (ii) whether sulfur dioxide emissions da ta was submitted to the executive secretary in accordance with R307-250-9(8) and other applicable requirements for review, revision as necessary, and finalization; (iii) whether the monitoring plan for the WE B source has been maintained to reflect the actual operation and monitoring of the source, and c ontains all information necessary to attribute sulfur dioxide emissions to the source, in accordance with R307-250-9(2); (iv) whether all the sulfur dioxide emissi ons from the WEB source if applicable, were monitored or accounted for either through the app licable monitoring or through application of the appropriate missing data procedures; (v) if applicable, whether any sulfur dioxide emitting unit for which the WEB source is not required to monitor in accordance with R307-250-9(1 )(a)(iii) of this rule remained permanently retired and had no emissions for the entire applicable period; and (vi) whether there were any changes in the method of operating or monitoring the WEB source that required monitor recertification. If there were any such changes, the report must specify the nature, reason, and date of the change, the met hod to determine compliance status subsequent to the change, and specifically, the method to determine sulfur dioxide emissions. (3) Penalties for Any WEB Source Exceeding Its Allowance Limitations. (a) Allowance Deduction Penalty. (i) An allowance deduction penalty will be assessed equal to three times the number of the

WEB source's tons of sulfur dioxide emissions in excess of its allowance limitation for a control period, determined in accordance with R307-250-12( 1). Allowances allocated for the following control period in the amount of the allowance de duction penalty will be deducted from the source's compliance account. If the compliance account does not have sufficient allowances allocated for that control period, the required number of allowan ces will be deducted from the WEB source's compliance account regardless of the control period for which they were allocated, once allowances

are recorded in the account. (ii) Any allowance deduction required under R 307-250-12(1)(c) shall not affect the liability of the owners and operators of the WEB source for any fine, penalty or assessment or their obligation to comply with any other remedy, for th e same violation, as ordered under the Clean Air Act, implementing regulations or Utah Code 19-2. Accordingly, a violation can be assessed each day of the control period for each ton of sulfur dioxide emissions in excess of its allowance limitation, or

for each other violation of R307-250. (4) Liability. (a) WEB Source liability for non-compliance. Separate and regardless of any allowance

### 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 emissi ons in excess of a source's allowance limitation is a separate

violation. (b) General Liability. (i) Any provision of the WEB Trading Progr am that applies to a source or an account representative shall apply also to the owners and operators of such source. (ii) Any person who violates any requireme nt or prohibition of th e WEB Trading Program will be subject to enforcement pursuant to Utah Code 19-2. (iii) Any person who knowingly makes a false material statement in any record, submission, or report under this WEB Trading Program shall be subject to criminal enforcement pursuant to the

Utah Code.

R307-250-13. Special Penalty Provisions for the 2018 Milestone. (1) If the WEB Trading Program is triggered as outlined in SIP Section XX.E.1, and the first control period will not occur until after the year 2018, the following provisions shall apply for the 2018 emissions year. (a) All WEB sources shall register, and shall open a compliance account within 180 days after the program trigger date, in accordance with R307-250-6(1) and R307-250-8. (b) The TSA will record the allowances for the 2018 control period for each WEB source in the source's compliance account once the executive secretary allocates the 2018 allowances under

SIP Section XX.E.3.a and XX.E.4. (c) The allowance transfer deadline is mi dnight Pacific Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter). WEB sources may transfer allowances as provided in R307-250-10(1) until the allowance transfer deadline. (d) A WEB source must hold allowances allocated for 2018, including those transferred into the compliance account or a special reserve account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount not less than the WEB source's total sulfur dioxide

emissions for 2018. Emissions will be determined using the pre-trigger monitoring provisions in SIP Section XX.E.2, and R307-150 (e) In accordance with R307-250-11(4) and (d ) above, the executive secretary will seek a minimum financial penalty of $5,000 per ton of su lfur dioxide emissions in excess of the WEB

source's allowance limitation. (i) Any source may resolve its excess emi ssions violation by agreeing to a streamline settlement approach where the source pays a pe nalty of $5,000 per ton or partial ton of excess emissions, and payment is received within 90 cal endar days after the issuance of a notice of

violation. (ii) Any source that does not resolve its ex cess emissions violation in accordance with the streamlined settlement approach in (i) above will be subject to enforcement action in which the executive secretary will seek a financial penalty for the excess emissions based on the statutory maximum civil penalties. (f) Each ton of sulfur dioxide emissions in excess of a source's allowance limitation is a separate violation and each day of a control period is a separate violation. (2) The provisions in R307-250-13 shall continue to apply for each year after the 2018 emission year until: (a) the first control period under the WEB trading program; or

### (b) the executive secretary determines, in accordance with SIP Section XX.E.1.c(10), that

the 2018 sulfur dioxide milestone has been met. (3) If the special penalty provisions continue after the year 2018 as ou tlined in (2) above, the deadlines listed in (1)(b) through (e) above will be adjusted as follows: (i) for the 2019 control period the dates will be adjusted forward by one year, except that the allowance transfer deadline shall be midnight Paci fic Standard Time on May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter); and (ii) for each control period after 2018 that the special penalty provisions are assessed, the dates in (i) above for the 2019 control period will be adjusted forward by one year. (4) The TSA will record the same number of allowances for each WEB source as were recorded for the 2018 control period for each subsequent control period.

R307-250-14. Integration into Permits. (1) Initial Permitting. Each source that is a WEB source on or before the program trigger date shall follow the procedures outlined in R307-415 to incorporate all of the applicable requirements of this rule into the permit issued to it under R307-415. (2) Post Trigger Permitting. (a) New WEB Source. Any existing source that becomes a WEB source after the program trigger date shall submit a Notice of Intent pursuant to R307-401 to incorporate all of the requirements of this rule into an approval order issued under R307-401 within 90 days of the date the source became a WEB source, and shall follow the procedures of R307-415 to obtain an operating permit. (b) WEB Sources No Longer Subject to Permitting Under R307-415. If a WEB source's permit issued under R307-415 ceases to be effective or required, the WEB source must submit a Notice of Intent pursuant to R307-401 to incorporate all of the requirements of this rule into an approval order issued under R307-401 within 90 days of the date the permit issued under R307-415 ceased to be effective or required.

KEY: air pollution, sulfur dioxide, market trading program Date of Enactment or Last Substantive Amendment: November 10, 2008 Notice of Continuation: February 8, 2008 Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a); 19-2-104(3)(e)

### Evaluation of Open Burning (20.11.21 NMAC)

### [The following is the underline strikethrough comparison of the 2003 version of the Open Burning regulation with the 2011 version of the regulation.]

The EPA initially approved a revision to New Mexico State Implementation Plan (SIP) concerning the City of Albuquerque - Bernalillo County (BC) Open Burning regulation on April 10, 1980 at 45 FR 24468. This regulati on was later replaced locally.

The EPA approved the a revision to Title 20, Ch apter 11, Part 21 Open Burning of the New Mexico Administrative Code (NMAC) (20.11.21 NMAC, or Part 21 submittal) on December 30, 2004 at 69 FR 78312 as a part of a consolidated BC’s administrative SI P revision. The 69 FR 78312 consolidated rulemaking action was admini strative in nature and mainly involved renaming, renumbering, and reforma tting of Chapter 11 regulations.

In a letter dated December 26, 2003 Governor of New Mexico, on behalf of the Albuquerque Environmental Health Department (AEHD) a nd as a component of the BC’s Regional Haze program submitted a revision to Part 21 of the New Mexico SIP for review and approval into the New Mexico SIP to EPA (the 2003 Submittal). The EPA has not acted upon the 2003 SIP
Submittal before.

In a letter dated July 28, 2011 G overnor of New Mexico, on behalf of the AEHD, submitted a
revision to Part 21 of the New Mexico SIP for re view and approval into the New Mexico SIP to EPA (the 2011 Submittal). The stated purpose of Part 21 is to ensure that all persons conduct open burning in a manner that prevents or abates air emissions in the BC area. Part 21 also provides for alternatives to burning and introduces emission re duction techniques as control strategies for open burning-rela ted activities in the BC area.

We have evaluated the 2003 Submittal and its follow up 2011 Submittal in an underline strikethrough fashion ( underline strikethrough ) to better illustrate both the existing (the 2003 version), and the latest adoption (the 2011 version) of Part 21 in one technical support document (TSD). The 2003 version will serve as the base ru le for evaluation purposes. We have evaluated each individual section through this underline st rikethrough format in this TSD, and have determined that their adoption into the New Mexico SIP will enhance the enforcement and management of open burning-relate d activities in the BC area.

In this rulemaking action we are proposing to approve both the 2003 Submittal and the 2011
Submittal into the New Mexico SIP for the BC ar ea. We are also proposing to repeal the BC’s Open Burning regulation as approved into the New Mexico SIP on April 10, 1980 at 45 FR 24468. By proposing to approve the 2003 Submittal, the 2011 Submittal, and to repeal the 45 FR 24468 approval we are stating that today’s rulemaking action con cerning Part 21 for the BC area will strengthen the New Mexico SIP.

The stated goal of this regulation is to eliminate environmentally non-essential burning.

TITLE 20 ENVIRONMENTAL PROTECTION
CHAPTER 11 ALBUQUERQUE /

- BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
PART 21 OPEN BURNING

### 20.11.21.1 ISSUING AGENCY: Albuquerque /
- Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768- 2600 2601

. [6/14/71. . .12/1/95; 20.11.21.1 NMAC

– - Rn, 20 NMAC 11.21.I.1, 10/1/02 ; A, 7/11/11 ]



### This section sets forth the o fficial administrative body responsi ble for this regulation. This reflects editorial changes of the new telephone number. This section should be approved.

20.11.21.2 SCOPE:
A. This Part 20.11.21 NMAC is applicable to sources within Bernalillo County county

. B. Exempt: This Part 20.11.21 NMAC does not apply to sources within Bernalillo County,
which county that are located on Indian land s over which the Albuquerque /
- Bernalillo County Air Quality
Control county air quality control board lacks jurisdiction. [12/1/95; 20.11.21.2 NMAC

– - Rn, 20 NMAC 11.21.I.2, 10/ 1 01 /02 ; A, 12/31/03; A, 7/11/11 ]



### This section sets forth the goal and applicability of th is regulation. This revision replaces the term “this part” to “20.11.21 NMAC”, also adds the terms “air quality control board”. This section should be approved.

20.11.21.3 STATUTORY AUTHORITY: This Part 20.11.21 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 74-2-5.C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 Section Sections 3 and 4; and the Joint Air Quality Control Board Ordinance, Revised Ordinances of Albuquerque 1994 Section Sections 9-5-1-3 and 9-5-1-4. [6/14/71. . .12/1/95; 20.11.21.3 NMAC

– - Rn, 20 NMAC 11.21.I.3, 10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### This section sets forth the legal authority of th e issuing agency for this regulation. Replaces the term “this part” to “20.11.21 NMAC”, also adds the specific section of the Ordinances of Albuquerque for clarity. This section should be approved.

20.11.21.4 DURATION: Permanent. [12/1/95; 20.11.21.4 NMAC

– - Rn, 20 NMAC 11.21.I.4, 10/1/02]



### No change to this section. Th is section should be approved.

20.11.21.5 EFFECTIVE DATE: December 1, 1995, unless a later date is cited at the end of a section. [12/1/95; 20.11.21.5 NMAC

– - Rn, 20 NMAC 11.21.I.5 & A, 10/1/02]



### This section sets forth the date upon which the regulation will go in effect. This section should be approved. This section should be approved.

20.11.21.6 OBJECTIVE: The objective of this Part is to minimize To ensure that all persons conduct open burning in a manner that prevents or abates emissions from fires in the open, which, as a general class, produce visible emissions and noxious byproducts of combustion. [3/24/82. . .12/1/95; 20.11.21.6 NMAC

– - Rn, 20 NMAC 11.21.I.6, 10/1/02 ; A, 12/31/03 ]



### This section describes the purpose of the regulation. The revision a dds the term “To ensure that

### all persons conduct open burning in a manner that pr events or abates” for clarity. This section should be approved.

20.11.21.7 DEFINITIONS: In addition to the definitions in this Section 20.11.21.7 NMAC

, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in this

Part 20.11.21 NMAC shall govern.



### Replaces the term “this part” to “20.11.21 NMAC”.

A. “ Commercial Agricultural Burning burning ” means the burning of crop residues for field preparation or that is otherwise necessary used for the production of a crop

.



### Removing the term “commercial” from 7A could have the effect that a larger number of agricultural burns b ecome subject to this regulation.

B. “Alternative to burning” means a treatment employing ma nual, mechanical, chemical, or biological methods to manage vegetation or fuel loads, or land management practices that is sold by or used as
feed 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 consecutive years. Sugg ested alternatives to burning
are listed in a registered agricultural business. Section 20.11.21.18 NMAC.



### Addition of a definition for “altern ative to burning” could have th e intended effect of individual choosing other methods and options to reduce mass and volume of a waste. This section should be approved.

B. “ C. “Biomass utilization” means any method of removing and taking biomass material to a landfill, burn facility, a power generation facility, an ethanol production facility, a redistribution facility, a fiberboard or particleboard facility, using the mate rial as compost or mulch, using it as animal bedding, for erosion control, etc.



### Introducing a definition for “Bioma ss utilization” could assist with better enfo rcement of the regulation.

D. “Broadcast burn” means the controlled application of fire to wildland fuels in their natural or modified state over a predetermined area . Broadcast burns do not include the burning of wildland fuels that have been concentrated in piles by manual or mechanical methods.



### Introducing a definition for “Broad cast burn” could assist with better enforcement of the regulation.

E. “Burn down” means that period of time, not to exceed three (3) hours, after a no-burn period is announced by the director, within which period a person operating a solid fuel heating device must cease combustion within any solid fuel heating device by withholding fuel or modifying the air-to-fuel ratio.



### Introducing a definition for “Burn down” could assist with better enforcement of the regulation.

### F. “Burner” means the person who is responsible for or in control of a prescribed fire project that is regulated under 20.11.21 NMAC.



### Introducing a definition for “Burner” clarifies who is subject to th is regulation, and could assist with better enforcement of the regulation.

G. “Burn project” means, in prescribed fires or in wildland fire use, a burn regulated by 20.11.21.15 NMAC on an area that is contiguous and is being treated or managed for the same land management objectives.



### Introducing a definition for “Burn project” clarifies that a designa ted location or area could be subject to the regulation.

H. “Class I area” means all international parks, national wilderness areas which exceed 5,000 acres, national memorial parks which exceed 5,000 acres, and nati onal park areas which excee d 6,000 acres in size and
which were in existence on the date of enactment of th e Clean Air Act Amendments of 1977. The extent of the areas designated as class I shall confor m to any changes in the boundaries of such areas, which occurred subsequent
to the date of the enactment of the Clean Air Act Amendments of 1977 or 1990.



### The definition for Class I area is consistent with the area identified in 40 CFR part 81, subpart D;
and section 169A of the Act.

I. “Department” means the Albuquerque environmental health department, which is the

administrative agency of the Albuquerque ‐ Bernalillo county air quality control board.



### The definition of this term establishes what the authorizing agency is charge with the responsibility of the regulation.

J. “Director” means the administrative head of the Albuquerque environmental health department or a designated representative(s).



### The definition of this term establishes who is the responsible person within the authorizing

agency.

K. “Division” means the city of Albuquerque air qu ality division or its successor agency.



### The definition of this term establishes what s ubgroup of the department is charged with the responsibilities of the agency.

L. “Emission reduction technique” or “ERT” means a control strategy used to reduce smoke from a prescribed fire that results in less smoke than would have been produced if the emission reduction technique were absent. A control strategy used for a period of fewer than three years is an emission reduction technique; if the control strategy replaces fire for three consecutive years or more, the control strategy is an alternative to burning.



### The definition of “ERT” assists with the recogniti on of methods used to minimize air emissions associated with the open burning activities.

### M. “ Environmentally Non

- Essential Burning non-essential burning ” means the open burning of any unwanted material, assembly or collection of combustible materials material which could otherwise reasonably be altered, destroyed, reduced or removed to a suitable di sposal site without the potential to cause environmental harm or damage in situ or en route

.



### The terms “material, assembly or collection of “ have been removed, and the term “open” has been added to this previously existing definition for clarity.

C N . “Environmentally Poor Burning Substances poor burning substances ” include but are not
limited to ; leaves, grass clippings, green plants, : refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, waste oil, liquid or gela tinous hydrocarbons, tar, paints and solvents, chemically
soaked treated wood, plastic or rubber, office re cords, sensitive or classified wastes , hazardous or toxic substances

, interiors of wrecked vehicle bodies or other materials which are difficult to burn without producing vast significant
amounts of noxious and or toxic fumes or dense smoke.



### The terms “hazardous or toxic substances” and “s ignificant” have been added to to this previously existing definition for clarity.

D O. “Health alert” means an air pollution alert, warning or emergency issued by the department.



### This definition assists with the public notifica tion aspects of conditions of air pollution.

P . “Hot Torch torch ” means a wand or burner fueled by propane, butane

, or compressed natural gas.



### This change is editorial in nature.

E Q . “Hot Torch Burning torch burning ” means burning of individual weeds at the point of the hot
torch. 

### This definition explains the action performed by the equipment used in subsection 7P (Hot torch).

F R. “No-burn period” means a period of time, declared by the director, during which no person with authority or power to control the operation of a solid fuel heating device shall allow the operation of a solid fuel heating device to continue, following a burn down period, within the wood smoke impacted area, unless the device is a wood heater that has been emission certified by the EPA. Exemptions may be granted by the director per 20.11.22.2 NMAC. No-burn periods may be declared any time from October 1 through February 28. The director shall declare a no-burn period after reviewing available meteorological data, air pollution monitoring data and other relevant information and determining that expected atmospheric conditions will not adequately disperse wood
smoke.



### This definition establishes when or under what circumstances a person may not conduct an open burning activity. This definition will assist with the enforcement of the regulation.

S . “Open Burning burning ” means the causing of rapid oxidation combustion of any substance which is not confined in a device having controllable fuel/air mixture capable of achieving nearly complete

### combustion, and from which combustion products are discharged into the open air without passing through a stack, duct, chimney

, or vent.



### The terms “causing of rapid oxidation” had be en removed and being replaced by the term “combustion” for clarity.

G. “Research and Deve lopment Activities T. “PB-I” or “level I prescribed burn” means a smoke management burn project that emits less than one ton of PM 10 

### emissions per day or burns less than 5,000 cubic feet pile volume of vegetative material per day.



### Addition of definition of “PB-I” or “level I prescribed burn” introduces specificity to the regulation.

U. “PB-II” or “level II prescribed burn” means a smoke management burn project that emits one
ton or more of PM 10 

### emissions per day or burns 5,000 cubic feet or more pile volume of vegetative material per day.



### Addition of definition of “PB-II” or “level II prescribed burn” introduces specificity to the regulation.

V. “Pile” means vegetative materials that have been relo cated and heaped together either by hand or machinery.



### This definition clarifies with mechanisms ma ybe used for collection of materials for open burning purposes.

W. “Pile volume” means the gross volume of a pile, in cluding the air space between solid constituents, as calculated from the overall dimensions and shape of the pile.



### This definition clarifies with term used for calculating the size and shape of a pile of materials to
be burned.

X. “PM 10 

### emissions” or “PM 10 

### ” means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers em itted to the ambient air, as measured by the reference method in 40 CFR Part 50, Appendix J, or equivalent method approved by the EPA.



### This definition is cons istent with 40 CFR 93.101.

Y. “Population” means the total number of individuals occupying an area. Locations for individuals within an area include, but are not limited to, open campgro unds, single-family dwellings, hospitals, schools in use, villages, and open places of employment.



### This definition will assist with the enforcement of the rule.

Z. “Prescribed fire” or “prescribed burn” or “PB” means any fire ignited by any person to meet specific non-agricultural land management objectives. For the purposes of 20.11.21 NMAC, wildland fire use is considered a prescribed fire.

### This definition will assist with the implementation of the rule.

AA. “Public notification” means any method that communicates burn information to the burners, air regulators, Bernalillo county fire department, the local fire authority, and to the general public.



### This definition will assist with the implementation of the rule.

BB. “Research and de velopment activities ” means scientific experimentation using open burning to prove a concept or produce information useful in planning.



### This definition will assist with the implementation of the rule.

CC. “Vegetative material” means untreated wood an d untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (w hole or chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, grass, grass clippings, weeds, leaves, conifer needles, bushes, shrubs, clippings from bushes and shrubs, and agricultural plant residue.



### This definition will assist with the implementation of the rule.

DD. “Ventilation index” means a technical rating used to establish the potential for smoke or other pollutants to ventilate away from its source.



### This definition will assist with the enforcement of the rule.

EE. “Ventilation index category” means a category in the ventilation index that is determined as provided in Section 20.11.21.17 NMAC and is rated as excellent, very good, good, fair or poor.



### This definition will assist with the rating of a burn and consequently with the enforcement of the
rule.

FF. “Wildfire” means an unplanned or unwanted fire that burns vegetative material in a natural or
modified state.



### This definition will assist with the enforcement of the rule.

GG. “Wildland” means an area in which there is minimal development, except for roads, railroads, power lines and similar utilities and transportation fac ilities. Structures, if any, are widely scattered.



### This definition will assist with the enforcement of the rule.

HH. “Wildland fire use” means the management of wildfire within a wildland that is ignited by natural forces, such as by lightning or volcanic eruption, following a decision to allow the wildfire to burn 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.

### This definition will assist with the enforcement of the rule.

II. “Winter pollution advisory season” or “no-burn season” means the period from October 1st through February 28th each year when no-burn calls are made. The no-burn call is a control strategy designed to protect the air quality in Bernalillo coun ty. This strategy helps mitigate particulate matter and carbon monoxide build up during the colder months of the year when temperature inversions trap pollutants closer to ground level.



### This definition will assist with the enforcement of the rule.

JJ. “Wood smoke impacted area” means that portion of Bernalillo county that is the most adversely affected by the burning of wood during atmospheric conditions that the director concludes may not adequately disperse wood smoke. The wood smoke impacted area is bounded on the north and south by the Bernalillo county line, on the west by the universal transverse meridi an (UTM) line 337000mE and on the east by the UTM line 367000mE, Zone 13.



### This definition will assist with the enforcement of the rule.

[1/3/85. .

.. . 6/16/92, 12/1/95; 20.11.21.7 NMAC

– - Rn, 20 NMAC 11.21.I.7, 10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### For above reasons section 20.11.21.7 DEFINITIONS should be approved.

20.11.21.8 VARIANCES: [Reserved] [12/1/95; 20.11.21.8 NMAC

– - Rn, 20 NMAC 11.21.I.8, 10/1/02]



### This section has been included to maintain the established structural formatting of the regulations. This sec tion should be approved.

20.11.21.9 SAVINGS CLAUSE: Any amendment to 20.11.21 NMAC, which that is filed

, with the State
Records Center state records center shall not affect actions pending for violation of a City city or County county
ordinance , Air Quality Control Board Regulation 3, or Part 20.11. 21

. NMAC. Prosecution for a violation under a prior statute, ordinance or regulation wording shall be governed and prosecuted under the statute, ordinance , Part, or regulation section in effect at the time the violation was committed. [12/1/95; 20.11.21.9 NMAC

– - Rn, 20 NMAC 11.21.I.9 & A, 10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### This section will assist with the continuity of the regulation. The revisions are editorial and bring additional clarity to the section. Th is section should be approved.

20.11.21.10 SEVERABILITY: If any section, paragraph, sentence, clause, or word of this Part 20.11.21

NMAC or any federal standards incorporated herein is fo r any reason held to be unconstitutional or otherwise invalid by any court, the decision shall not affect the validity of remaining provisions of this Part 20.11.21 NMAC

. [12/1/95; 20.11.21.10 NMAC

– - Rn, 20 NMAC 11.21.I.10, 10/1/02 ; A, 7/11/11 ]



### This section ensures that the integrity of the re gulation remains intact, in case a section or portion of the regulation is challenged or deemed probl ematic by a court. This section should be approved.

### 20.11.21.11 DOCUMENTS: Documents incorpor ated and cited in this Part 20.11.21 NMAC may be viewed at the Albuquerque Environmental Health Department environmental health department , 400 Marquette NW, Albuquerque, NM. [12/1/95; 20.11.21.11 NMAC

– - Rn, 20 NMAC 11.21.I.11 & A, 10/1/02 ; A, 7/11/11 ]



### This section provides for transp arency of the regulation. The re vision replaces the term “this part” to “20.11.21 NMAC”. This section should be approved.

20.11.21.12 OPEN BURNING PROHIBITED:
A. Open burning by any person on private or public property (including burning of environmentally poor burning substances and vegetative materials), is prohibited in Bernalillo County. Except where otherwise
allowed county unless authorized under Sections Section 13 and

, 14 , or 15 of 20.11.21 NMAC , no person shall permit, cause, suffer or allow . In addition to complying with 20.11.21 NMAC, every person who plans to conduct open burning to occur on private or public property shall obtain all applicable permits and comply with all applicable restrictions of the Bernalillo county fire department and the Albuquerque fire department, prior to burning

.



### The revision to subsection A st ates that every person planning to conduct open burning on either private or public property shall comply, in ad dition to the Part 21 requirements, with all applicable restrictions of both the Bernalillo county fire department and the Albuquerque fire department.

B. Materials ignited accidentally, which cause open burning, Compliance with 20.11.21 NMAC shall
be extinguished as soon as possible after discovery.
C. No not relieve any person shall construe compliance with this Part as permission to violate from complying with all other applicable regulations statutes , ordinances or Codes and regulations

.



### The revision to subsection B st ates that compliance with the requirements of Part 21 does not relieve a person from compliance with other appl icable regulations, ordi nances, and statutes. This subsection should strengthen enfo rcement aspects of the regulation.

D C

. Open burning allowed under Sections 13 and

, 14 , or 15 of 20.11.21 NMAC shall be suspended during declared "No “no burn periods " of ” during the winter pollution advisory season or when an air pollution
health alert is issued. A waiver from the no burn rest riction may be granted for extenuating circumstances by following the process in Subsection D of 20.11.21.12 NMAC. A no burn waiver may be rescinded in the event of a
health alert.



### The revision to subsection C stat es that conditionally allowed open burning must be suspended in
the event of health alert of winter air pollution advisory. Th is subsection should strengthen enforcement aspects of the regulation.

D. The burner may apply for a waiver by submitting a written application for waiver to the department at least two weeks prior to the planned burn ev ent. The burner shall document the reasons for requesting the waiver in the application for a waiver. The department shall notify the burner no later than one week prior to the planned burn event whether the waiver is granted or denied, and, if denied, the reasons for the denial. The department shall consider each waiver request on a case-by -case basis. An applicant fo r a waiver may challenge the

### department’s denial of a waiver by following the procedures established in 20.11.21.21 NMAC. A person adversely affected by the department’s granting of a waiver may challenge the department’s decision by following the procedures established in Subsection B of 20.11.21.21 NMAC

. [1/3/85, 12/1/95; 20.11.21.12 NMAC

– - Rn, 20 NMAC 11.21.I.12 & Repealed, 10/1/02; Rn, 20 NMAC 11.21.II.1,

10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### Subsection D sets forth procedures a person shou ld follow for requesting waiver from obtaining a burn permit.

Per 20.11.21.12 NMAC, unless otherwise exempted, ope n burning by any person is prohibited in Bernalillo County. The intended goal of this re gulation is to eliminate environmentally nonessential burning.

### 20.11.21.13 CONDITIONALLY ALLOWE D OPEN BURNING WITH A PERMIT:
A. Open burning may be allowed for the purposes prescribed described in Table I providing if, prior to burning, an open burning permit has been obtained prior to ignition from : 1. the Albuquerque Environmental Health Department environmental health department ( as set forth in required by Subsections B and C of 20.11.21.13

NMAC ); and 2. the Bernalillo county fire department or the Albuquerque fire department as applicable

.

Table I
OPEN BURNING PERMITS FOR MULTIPLE AND SINGLE EVENTS

Multiple Permit Basis Purpose and Conditions

Multiple

Event Single

Event

X X 1. Timber and forest Management (single event management ( permit required for burns of 1/4 one-quarter acre through 10 acres in size, or more) up to 1000 cubic feet of pile volume per day).

X 2. Disease Control control of Dead Animals dead animals and
Plants plants.

X X 3. Research and development activities (single

- event permit required for burns of 2000 2,000 gallons or more liquid fuel or

5000 5,000 pounds or more solid fuel ) ).

X Up to 2,000 lbs Greater
than 2,000 lbs 4. Disposal by burning of explosives by burning, to avoid hazards of transport or handling

.

X Up to 2,000 lbs X Greater
than 2,000 lbs 5. Above

- ground detonation of more than 20 pounds of explosives (single event permit required for detonation of more than 200 pounds.

. Up to 35,000
lbs Greater
than 35,000
lbs 6. Below -ground detonation of more than 20 pounds of explosives.

X X 6. 7. Ignition of rocket motors containing more than 4000 4,000 pounds fuel (single

- event permit required for motors containing more
than 8000 8,000 pounds fuel).

X 7. 8. Fire fighter and rescue training (fuel and conditions appropriate for the activity). No environmentally poor burning substances may be burned unless essential to simulate the needed training conditions. Training burns shall comply with 20.11.64.11 NMAC and 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants, Subpart M, National Emission Standard for
Asbestos

.

X X 8. 9. Hot torch burning of weeds along ditches, channels, public rights of way, or other public property

.

X X 9. Commercial agricultural 10. Agricultural burning ( single event permit required for burns of 1/4 one-quarter acre through 10 acres in

### Multiple Permit Basis Purpose and Conditions

Multiple

Event Single

Event size, or more up to 1000 cubic feet of pile volume per day ).

X 10. 11. Any special condition which would otherwise be prohibited but for which there is an unusual need where burning would best serve the public interest overall.



### Revision to Subsection A and Tabl e I above sets forth the terms and condition a person will need to follow to obtain a burn permit from the Albuque rque environmental health department and the Bernalillo County fire department, prior to c onducting the burn. The pe rmit limits/basis for a multiple-event could be different from those of a single event. The outlined permit basis in Table I could render the permitting process, for the permittee, more user friendly and easier to follow.

B. Persons A person seeking Multiple a multiple or Single Eve nt permits as indicated single event permit for the purposes described in Table I for some act which may be conditionally allowed by this subsection
shall supply deliver the following information in writing to the department in letter form or by a department approved electronic notification method at least 24 hours five business days in advance of the Single Event classification and at least by the date required by the department on those classified as Multiple. single or multiple
event burn: (1) the requestor's name, address, and telephone number; (2) location where burning is to be conducted; (3) type and quantity of ignitable material and fuel; and (4) additional required information: (a) date(s) when the burning is to be conducted; or (b) for multiple burn events, the estimated number, character, an d schedule of fires to be
conducted

. ; (b (c ) general description of method to ignite, maintain, control

, and terminate the burning

. ; (c (d ) reasons why the requestor believes the burning is necessary; and (d (e ) what alternatives to burning have been considered and why they were not chosen instead of burning

. ; and (e (f ) for Multiple multiple event permits

- , the number and character of similar fires conducted during the previous permit cycle for which renewed approval is sought. (4 (5 ) In the event of an emergency necessitating a Single Event single event permit

, the above process may be handled by telephone pro viding if the Department department is in agreement and the information is subsequently supplied promptly delivered to the Department department in writing. In case of such emergency

, the
24 hours five-business-day notice requirement may be waived at the discretion of the Department department

. Information supplied to the Department department relative to planned burning shall be construed to be part of the conditions of the permit issued pursuant thereto. Any subse quent later need to deviate from the original plan must be reported to the Department and approved by the department in order to maintain the validity of the permit.



### Revision to this Subsection sets forth the notifi cation requirements, and the type of information needed (such as name, address, contact information, location, and description of the type and amount of materials intended to be burned) to assess and evaluate a burn permit request. In addition, the applicant will need to state what ot her options, other than burning, have been taken into consideration and why those alternatives were not selected. This revision will promote consistency in burn permit issuance process.

### C. Upon receipt of a request for a Single Event single event or Multiple Event multiple event open burning permit

, the Department department shall evaluate the application and make its best judgment as to decide whether to grant the permit, deny the permit

, or grant the permit with additional conditions that the Department department believes to be in the best interest of the local community and consistent with the Board's goal of eliminating burning that is board's intent, to eliminate “ environmentally non-essential . Renewal of burning”. Multiple event permits shall not be prejudiced by prior approved permits but rather shall only be issued renewed by
the Department upon department following a re-evaluation of all the information provided in said the renewal request.
The Department department shall consider the need to burn, anticipated atmospheric conditions

, and other factors as the Department may deem appropriat e to the requestor's application the department determines are relevant

.



### The revision to this Subsection sets forth the type of action applicant could expect upon receipt of his/her application to burn by the department.

D. After evaluation of the applicant's request, the Department department shall respond in writing to the applicant at least 24 hours in advance of the scheduled open burn event in writing or by a department-approved
electronic notification method advising the applicant of its findings

, including any additional conditions deemed

necessary. In an emergency situations

, preliminary information relative to regarding the Department's department's decision should first be telephoned to the applicant if possible, so as to expedite issues of immediate need. Copies of all applications for multiple open burning permits and the Department's response shall be submitted to the Board.



### The revision to this Subsection requires the depa rtment to respond to the applicant at minimum 24-hour ahead of the scheduled burn event taking place.

E. In the event If an applicant for a permit under this subsection 20.11.21.13 NMAC is not satisfied
with either the conditions or possible denial of his the applicant’s request, the decision may be appealed to the Board. Such ap peal shall be in writing and shall be considered by the Board at their next regularly scheduled business meeting. The ultimate decision of the Board shall be final applicant may request an ad ministrative hearing on the
merits before the board consistent with 20.11.21.21 NMAC

.



### The revision to this Subsection provides a burn permit applicant with the opportunity to request an administrative hearing on the me rits of the department’s decisi on, before the board, if his/her application is denied, or th e applicant deems the conditions of the permit unsatisfactory.

F. Any multiple or single event permit issued under this section shall 20.11.21.13 NMAC may be
revoked or suspended if the applicant fails to comply with the permit provisions therein , and the permittee may be subject to enforcement actions

.



### The revision to this Subsection st ates that the department may su spend or cancel a permit, if an applicant does not follow the terms of a permit, and the department may consider enforcement action for noncompliance.

G. All For permits issued under this section pursuant to 20.11.21.13 NMAC: Single-event permits
shall expire when specified or not later than only be valid for one month and multiple-event permits shall only be
valid for one year fro m , unless stipulated otherwise in the date of issuance permit

. [12/1/95; 20.11.21.13 NMAC

– - Rn, 20 NMAC 11.21.II.2, 10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### The revision to this Subsection states that th e issued permit will have an expiration date.
This revision will facilitate en forcement of the regulation.

### 20.11.21.13 NMAC conditionally allows open burning for certain activities with a permit. Permits are issued for either a single event or multiple events. Most of the multiple event open burning permits are for detonations for research and development purposes. For timber and forest management, a single event open burning permit is required for burns of 1⁄4 acre or more. In recent years, the U.S.D.A. Forest Service has obtained a multiple event open burning permit for the Cibola National Forest. For each burn, the perm ittee must specify where the burn will occur and provide a 48-hour notice to the Department. The permittee must also verify that a No-Burn Alert has not been called by the Department, prior to engaging in any burning activities.

20.11.21.14 EXCEPTIONS TO OPEN BURNING PROHIBITIONS: CONDITIONALLY ALLOWED OPEN BURNING NOT REQUIRING A PERMIT FROM THE ENVIRONMENTAL HEALTH
DEPARTMENT: Open burning is allowed for the purposes set forth in Table II if: 1. the burn complies with the time requirements specified in Table II; and 2. prior to burning, the person planning to conduct open burning obtains all permits and complies with all restrictions required by the Bernalillo county fire department and the Albuquerque fire department, as applicable (e.g. 25 f eet from any structure; pile size no greater than three feet in diameter and two feet high; no offensive or objectionable smoke or odor emissions; atmospheric conditions or local circumstances that make such fires hazardous, etc.).



### The revision to this Subsecti on states that a burn permit is not required provided that the applicant complies with the time requirements stated in table II, and before the burn the applicant has met all the requirements and restrictions set forth by the Bernalillo County fire department and the Albuquerque fire department (dependi ng on the jurisdictiona l authority of these departments).

A. Environmentally poor burning substances shall not be burned in Bernalillo County by any open burning process unless authorized under the provisions of subsection A of 20.11.21.13 NMAC.

B. Open burning is allowed for the purposes set forth in Table II providing that the indicated Time

, Notice, and Condition requirements therein are met.
C. Required notice as indicated in Table II shall be given to a staff engineer or environmental health specialist of the Department at least 24 hours prior to the planned burning. Information supplied to the Department
shall be sufficient to do cument the allowed event: (1) name of individual giving notice, (2) whom he represents, (3) kind or purpose of burning planned, (4) a pproximate beginning and ending time, (5) date and location of the burn, and (6) telephone number.

### D.
Table II
CONDITIONALLY ALLOWED OPEN BURNING

Table II

Time & Notice Requirements Type of Burning Time Restrictions

Column 1 Column 2 Column 3

ALLOWED TYPE OF BURNING CONDITION No Time
Limits 11 AM to 3 PM
October thru
March

6 AM to 5 PM April thru September Advance
Notice to
Env. Health Department

X 1. Dead and dry tumbleweed removal.

2. 1. Cooking noncommercial food. No limit on time of day

3. Religious, 2. Recreational or ceremonial , or recreational bonfires.

4. Hot 3. Dead and dry weed removal on private residential, commercial or industrial property, and hot
torch weed control on less than 1/4 acre private

, residential property. 11 AM to 3 PM October through March

6 AM to 5 PM April through September

4. Small-scale fire extinguisher training (fewer than 50 participants). No limit on time of day

[1/3/85. . .12/1/95; 20.11.21.14 NMAC

– - Rn, 20 NMAC 11.21.II.3, 10/1/02 ; A, 12/31/03; A, 7/11/11 ]



### Revision to Table II above set forth the terms a nd condition one will need to follow in order to obtain burn permit from the Albuquerque environm ental health department and the Bernalillo County fire department. The permit also establis hes the time of day (hours) and year (season) that a person may conduct a burn. This revision also requires that a small-scale fire extinguisher training where fewer than 50 partic ipants are involved (safety).

20.11.21.15 SMOKE MANAGEMENT; PRESCRIBED BURN S; WILDLAND FIRE USE;WILDFIRES
UNDER SUPRESSION: 20.11.21.15 NMAC applies to all persons who intend to use prescribed fire to burn more than 10 acres or more than 1,000 cubic feet of pile volu me of vegetative material per day. Specified portions of 20.11.21.15 NMAC also apply to the land manager or owner of property on which a wildfire occurs.



### This section describes who is subject to (the applicability) the smoke management; prescribed burns; wildland fire use; and the wildfires under suppression program. The applicability determination will assist with the enforcement of the regulation.

### A. Materials allowed to be burned: Only vegetative material shall be burned, with the following exceptions: (1) auxiliary fuel or incendiary devices may be used to start the burning authorized by 20.11.21.15 NMAC, provided that: (a) no oil heavier than No. 2 diesel shall be used; and (b) no more th an the minimum amount of auxiliary fuel necessary to start the fire shall be us ed. (2) Polyethylene shee ting may be burned with the vegetative materials, provided that: (a) the sheetin g 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, tha t establish the sheeting is polyethylene and not some other form of plastic.



### Adherence with measures outlined in Subsec tions 15(A)(1)(a) and (b ); and Subsections 15(A)(2)(a) through (d) are emissi on reduction opportunitie s. These measures are in concert with the establishment of emission goals that cons ider “emission reduction opportunity” per 40 CFR 51.309(d)(6)(v).

B. Requirements for PB-I: For any burn project expected to produce less than one ton of PM 10 

### emissions per day or burn less than 5,000 cubic feet pile volume per day, all of the following requirements shall apply. (1) The burner shall burn on ly under appropriate dispersion cond itions. In order to accomplish this objective, the burner shall follow either Subparagraph (a) or (b) of Paragraph (1) of Subsection B of 20.11.21.15

NMAC. (a) The burner shall: (i) ignite burns only during the hours from one hour after sunrise until one hour b efore sunset; the burner may apply for a waiver of this requir ement by submitting a written application for waiver to the department at least two weeks prior to the planned burn project; the burner shall docum ent the reasons for requesting the waiver in the application for a waiver; the department shall notify the burner no later than one week prior to the planned burn project whether the waiver is granted or denied, and, if denied, the reasons for the denial; the department shall consider each waiver request on a case-by-case basis; and (ii) conduct burn projects at least 300 feet from any occupied dwelling, workplace, or place where people congregate, which is on property other th an the burn project location; the burner may apply for a waiver of this requirement by submitting a written application for waiver to the department at least two weeks prior to the planned burn project; the burner shall document the reasons for requesting the waiver in the application for a waiver; the department shall notify the burner no later than one week prior to the planned burn project whether the waiver is granted or denied, and, if denied, the reasons for the denial; and th e department shall consider each waiver request on a case-by-case basis; or (b) The burner shall: (i) only burn during times when the ventilation index category is rated “good” or b etter, as determined by using the methodology outlined in 20.11.21.17 NMAC, unless a waiver has been granted by the department; the burner may apply for a waiver of this re quirement by submitting a written application for waiver to 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 requesting the waiver in the application for a waiver; the department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn project whether the waiver is granted ordenied, and, if denied, the reasons for the denial; the department shall consider each waiver request on a case-bycase basis; and (ii) conduct visual monitoring and document the results in writing; the results sha ll evaluate the smoke dispersion by record ing characteristics of the smoke (e.g., color, density), including the general compass direction of dispersion, the patterns of vertical dispersion, and the duration of the smoke plume(s), and corresponding time-of-day information; use of onsite instruments to record the wind speed and direction is encouraged; no later than six months after the burn project , the burner shall submit records of these results to the department; for burn projects planned to be conducted within a one mile radius of a population, the department may

### require the burner to 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 the visual monitoring conducted by the burner; and the need for instrument monitoring by the department shall be determined by the department on a case-by-case basis. (2) The burner shall notify the local fire authorities prior to igniting a burn. (3) The burner shall register the burn project with the department (on a registration form obtained from 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 registratio n number for the burn project. Prior to igniting the burn project, if the burner has not received the registration number, the burner sha ll make a good faith effort to contact the department to obtain the registration number. If the burner is not able to obtain a registration number before igniting the burn, the burner shall obtain a registration numb er from the department as soon as possible. For burn projects longer than seven consecutive days, the burner shall notify the department every seven days when burning is to be conducted under that burn project registration. The burner shall not burn mo re area or volume than the burner has included in the registration form submitted to the department. (4) The burner shall submit a completed burn project tracking form to the department (on a tracking form obtained from department), no later than two weeks following completion of the burn project. (5) For burn projects conduc ted within a one-mile radius of a population, the burner shall comply with the following additional requirements: (a) the burn er shall conduct visual monitoring and document the results; the results shall evaluate the smoke dispersion by record ing characteristics of the smoke (e.g., color, density), including the general compass direction of dispersion, the patterns of vertical dispersion, the duration of the smoke plume(s), and corresponding time-of-day information; use of onsite instruments to record the wind speed and direction is encouraged; documentation through use of photographs, with the date, time, and other relevant information noted on the photographs, is also encouraged; and no later than si x months after the burn project, the burner shall submit records of these results to the department; and (b) The burner shall conduct public notification of any population(s) within a one-mile radiu s of the burn project at least two days prior to, but no earlier than 30 days in advance of igniting a burn project; and the method of notification shall be an advertisement in a newspaper of general circulation in the area where the burn will take place, or other means, as approved by the department to ensure that adequate notice is provided to the affected public. (6) An applicant for a waiver may challenge the department’s denial of a waiver by following the procedures established in 20.11.21.21 NMAC. A person adversely affected by the department’s granting of a waiver may challenge the department’s decision by following the procedures established in Subsection B of

20.11.21.21 NMAC.
C. Requirements for PB-II: For any burn project expected to produce emissions greater than or equal to one ton of PM 10 

### emissions per day or expected to burn 5,000 cubic feet pile volume per day or more, all of the following requirements shall apply. (1) The burner shall review smoke management educational material supplied by the department or complete a department-approved smoke management training program prior to initiating burning. (2) The burner shall consider alternatives to burning and shall document the alternatives considered and the rationale for not utilizing alternatives provided in 20.11.21.18 NMAC on a form obtained from department. (3) The burner shall implement at least one emission reduction technique included in 20.11.21.19 NMAC and shall document the techniques implemented on a form obtained from the department. The burner may apply for a waiver of this requirement by submitting a written application to the department at least two weeks prior to the planned burn project. The burner shall document the reasons for requesting the waiver in the application for a waiver. The department shall notify the burner no later than 10:00 a.m. one week prior to the planned burn project whether the waiver is granted or denied, and, if denied, the reasons for the denial. The department shall consider each waiver request on a case-by-case basis. (4) The burner shall only burn during times when the ventilation index category is "good" or better, as determined by using the methodology outlined in 20.11.21.17 NMAC, unless a waiver has been granted by the department. The burner may apply for a waiver of this requirement by submitting a written application to the department no later than 10:00 a.m. one business day prior to the planned burn. The burner shall document the reasons for requesting the waiver in the application for a waiver. The department shall notify the burner no later than 3:00 p.m. one business day prior to the planned burn whether the waiver is granted or denied, and, if denied, the reasons for the denial. The department shall cons ider each waiver request on a case-by-case basis.

### (5) The burner shall conduct visual monitoring and shall document the results. The results shall evaluate the smoke dispersion by record ing characteristics of the smoke (e.g., color, density), including the general compass direction of dispersion, the patterns of vertical dispersion, and the duration of the smoke plume(s). Use of onsite instruments to record the wind speed and direction is encouraged. Documentation through use of photographs, with the date, time, and other relevant information noted on the photographs, is also encouraged. No later than six months after the burn project, the burner shall submit records of these results to the department. (6) The burner shall notify the local fire authorities prior to igniting a burn. (7) The burner shall register a burn project with the department on a registration form obtained from the department at least two weeks prior to planned ignition of the burn. 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. If the burner is not able to obtain a registration number before igniting the burn, the burner shall obtain a registration number from the department as soon as possible. For burn projects longer than seven consecutive days, the burner shall notify the department every seven days when burning is to be conducted under that burn project registration. The burner shall not bur n more area or volume than the burner has included in the registration form submitted to the department. (8) 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 up to a seven days prior to igniting the burn. The departme nt shall notify the burn er of the receipt of the notification by 11:00 a.m. on the day the department receives the notification. If the department has not notified the burner by 11:00 a.m., and prior to igniting the burn, the burner shall make a good faith effort to contact the department to verify that the department
received the notification. The burner sh all not burn more area or vo lume than the burn er included in the registration. The department shall notify the burner no later than 3:00 p.m. one business day prior to the start of the burn project if a modification of the burn is being required by the department. (9) The burner shall complete and submit to the department a fire activity tracking form, using a form obtained from the department no later than two weeks following the end of the burn project. (10) The department may require the burner to notify the department no later than two business days prior to the planned burn so the department may determine whether to conduct instrument monitoring in addition to visual monitoring conducted by the burner. The need for instrument monitoring by the department shall be determined by the department on a case-by-case basis. (11) The burner shall conduct public notification at least two business days prior to, and no earlier than 30 days prior to igniting a burn. The method of notification shall be an advertisement in a newspaper of general circulation in the area where the burn will take place, or other mean s, as approved by the department to ensure that adequate notice is pr ovided to the affected public. (12) An applicant for a waiv er may challenge the department’s denial of a waiver by following the procedures established in 20.11.21.21 NMAC. A person adversely affected by the department’s granting of a waiver may challenge the department’s decision by following the procedures established in Subsection B of

20.11.21.21 NMAC.

D. Wildland fire use: For wildland fire use exceeding 10 acres in size, the following requirements shall apply: (1) The burner shall regi ster the burn project with the department on forms obtained from the department no later than one business day following the decision to manage a wildland fire use burn. The department shall provide the burner with a registration number for the burn project. Each day the wildland fire use burn project is burning, the burner shall notify the department daily by 10:00 a.m. on the status of the burn project. (2) The burner shall notify the local fire authorities of the decision to manage a wildland fire use burn. For wildland fire use burns within Bernalillo county, the burner shall conduct public notification no later than one calendar day after the decision to manage the burn as a wildland fire use burn. The notification shall be appropriate to the population being notified. (3) The burner shall conduct visual monitoring and shall document the results. The results shall evaluate the smoke dispersion by record ing characteristics of the smoke (e.g., color, density), including the general compass direction of dispersion, the patterns of vertical dispersion, and the duration of the smoke plume(s). Use of onsite instruments to record the wind speed and direction is encouraged. Documentation through use of photographs, with the date, time, and other relevant information noted on the photographs, is also encouraged. No later than six months after the burn project, the burner shall submit records of these results to the department. (4) The burner shall comple te and submit to the department a fire activity tracking form obtained from the department no later than two weeks following the end of the burn project.

### E. Wildfire under suppression: For all wildfires exceeding 100 acres in size, the land manager or owner of property on which the wildfire occurs shall complete a fire activity tracking form obtained from the department and submit it to the department no later than six weeks following the cessation of fire fighting activities
on the wildfire. [20.11.21.15 NMAC - N, 12/31/03; A, 7/11/11]

20.11.21.16 CALCULATION OF PM 10 

### EMISSIONS FOR PRESCRIBED BURNS: To determine whether a prescribed burn has the potential to produce more than one ton of PM 10 

### emissions per day, use the emission factors listed below (adapted from AP-42) or any alternative method approved in writing by the department.
A. To calculate the quantity of PM 10 

### emissions in tons generated by a prescribed burn project or a wildfire, multiply the number of acres estimated to be burned: (1) by 0.04348 tons per acre for forest; and (2) by 0.02941 tons per acre for shrub land; and (3) by 0.01 tons per acre for grass land; and (4) by 0.01538 tons per acre for field crops.



### This Subsection establishes use of emission factors for a burn project involving forest, shrub land, grass land, and field crops that are adap ted from EPA’s Compilation of Air Pollutant
Emission Factors ( 

### AP-42) to quantify PM 10 

### emissions. This Subsection serves in concert with a component of the “Programs related to fire” co ncerning quantifying and i nventory of the fine particle emissions from fire pursuant to 40 CFR 51.309(d)(i)(6).

B. For shrub and forest piles, multiply the number of cubic feet of piled material estimated to be burned by 0.0002 tons per cubic foot.



### This Subsection establishes use of emission factors for calculating PM 10 

### emissions for a burn project since it directs the appli cant to multiply the estimated number of cubic feet of the piled materials by the above AP-42 emission factor. This Subsection serves in concert with a component of the “Programs related to fire” co ncerning quantifying and i nventory of the fine particle emissions from fire pursuant to 40 CFR 51.309(d)(i)(6).

C. For all other prescribed burn projects or a wildfire uses that do not fall into the categories listed in this section, contact the department for assistance in determining a methodology to estimate emissions that is consistent with EPA methodologies. [20.11.21.16 NMAC - N, 12/31/03]



### This Subsection encourages the applicants to chec k with the department to assure that his/her emission quantification approach is c onsistent with EPA’s methodologies.

20.11.21.17 DETERMINATION OF VENTILATION INDEX CATEGORY:
A . PB-I and PB-II prescribed burns are allowed to be ignited only with a ventilation index category rated “good” or better, unless a waiver has been granted by the department. The ventilation index category may be obtained by contacting the department, or the burner may make the determination by calculating and documenting the ventilation index category using the following methodology: (1) using a computer with internet access, enter the national weather fire forecast website at http://www.srh.noaa.gov/ abq/?n=forecasts-fireweather or successor un iversal resource locater (URL) internet address; (2) select the appropriat e zone for the location of the burn project within the New Mexico map showing the various zones;

### (3) examine the forecast and find the reference elevation to be used to determine the general ventilation index category for the Bernalillo county zone (e .g., Albuquerque - 5,300 feet above mean sea level or Mountainair - 6,500 feet above mean sea level); (4) record th e mixing height for “today” or “tomorrow” as appropriate; (5) calculate the mixing he ight at the burn location by adding the forecasted mixing height and the
reference elevation obtained above. From the sum of thes e two items, subtract the elevation of the burn location;
and (6) calculate the ventilation index for the prescribed burn by multiplying the mixing height at the burn location by the average fo recasted transport wind speed.

B . Once the ventilation index for the prescribed burn has been calculated, refer to the following table
to see if the ventilation index for the burn project is acceptable to ignite the burn:

Category Knot-Feet

Excellent

– Acceptable Greater than or equal to 150,000 Very Good

– Acceptable 100,000 - 149,999

Good

– Acceptable 60,000 - 99,999 Fair - Not Acceptable 40,000 - 59,999 Poor - Not Acceptable Less than or equal to 40,000 [20.11.21.17 NMAC - N, 12/31/03; A, 7/11/11]



### This section sets forth the “ how-to” and the methodology for rating or grading of a burn event. These ratings vary from “poor” to “excellent.” These rating categories, according to the aboveTable, should produce consistency in determining the ventilation index factor expressed in Knotfeet.

20.11.21.18 ALTERNATIVES TO BURNING: As required by Subsection C of 20.11.21.15 NMAC, burners engaged in PB-II prescribed burns are required to consider the use of alternatives to burning, which include department-approved alternatives, as well as those listed in 20.11.21.18 NMAC. An effort will be made by the department to remove administrative barriers to the utilization of alternatives to burning.



### As a part of “alternatives to burning” four categories of tr eatment options are available: manual/handwork, mechanical, grazing, and chemi cal. These four categories are not mutually exclusive, and treatments frequently entail a combination of methods. Each category includes specific techniques appropriate to va rious conditions and situations.

A. Manual/handwork - Handwork involves picking up and moving limbs and brush, as well as cutting downed and standing materials using hand tools or chainsaws. Manual work involves lifting, cutting, and carrying forest materials, and is generally limited to materi als of roughly nine inches or less in diameter. Larger materials can be handled, but efficiency, production rate and safety decrease ra pidly as size increases. If the fuels requiring treatment exceed the nine-inch-diameter threshold, handwork is not a good option.



### Advantages of hand work include the low level of ground disturba nce, the ability to work on steeper slopes than is feasible for many kinds of mechanical equipment, and the ability to treat
sensitive habitats such as riparian areas.

(1) Cut and scatter - Hand crews cut and scatter material to change the vertical and horizontal continuity of the fuel load. This technique increases th e surface fuel load by redist ributing ladder fuels onto the ground surface. It is appropriate where stand density is generally low and existing surface fuels are shallow.



### For cut and scatter approach an upper depth limit for scattered mate rial is generally prescribed.

### (2) Pile - Cut material is piled, redistributing the fuel load rather than reducing it. Piling can be used in denser stand conditions than scattering can, because th e piles can be situated to avoid fuel-loading problems. Drawbacks to piling include: slower decomposition than wh en scattered, labor intensive and dense stand conditions can result in a high number of piles.



### Piling of materials disrupts horizontal conti nuity to a greater degr ee than does scattering technique. Piling is frequently used as a seconda ry treatment for material left from a primary
treatment method.

B. Mechanical treatments - Employ equipment as the primary means of modifying or removing fuels. Generally, treatment areas must be within one-quarter mile of a road and have slopes less than 40 percent.



### A common feature of mechanical trea tments is the need for access. In recent years the array of equipment available for vegetation and fuel load management has expanded dramatically. Many innovative methods and designs have evolved from technology that was developed for the logging and heavy construction i ndustries. For example, an excavator developed for heavy construction is often employed as the prime mover for a head de signed to shred or chip largediameter fuels.

(1) Pile - Cut material is piled, redistributin g the fuel load rather than reducing it

.



### Piling can be performed mechanically as well as by hand.

(2) Fuel modification - Machinery is used to process the materi al into smaller pieces that can then be redistributed on the ground surface or removed from the si te. Because materials processed in this fashion can be much more densely packed than materials that are scattered by hand or piled by hand, the available oxygen supply is reduced, thereby inhibiting spread of fire and flame height.



### Fuel modification falls into three broad categ ories described in (i) through (iii) below.

(i) Masticate/mow - Mastication involves the processing of standing or downed material where it occurs. Mastication is more suitable for denser stand conditions than is scattering or piling, and the redistributed fuel load decomposes more rapidly. It is most appropriate for treating both green and dead ladder fuels and the higher surface fuels. Mowing is primarily appropriat e to treat grassland and light shrub land habitats. Like mastication, mowing processes the vegetation material on site and in place.



### Like other mechanical treatments, mastication is restricted to areas with suitable access and slopes less than 40%. The distribution of mas ticated material may inhibit plant growth.

(ii) Chip/grind/cut - Material is placed into a piece of equipment and discharged, often through a chute. Because of this feat ure, material can be processed more selectively and transported off site for either disposal or utilization. It is the method of choice when biomass utilization is an option.



### Chipping/grinding, like mastication, reduces mate rials into small pieces. Chipping/grinding/ cutting can be employed in conjunction with other treatment methods, both manual and mechanical, that create smaller materials as a byproduct (e.g., tree remova l, hand cut and pile).

(iii) Crush - Another form of mastication; this technique is useful primarily for shrub land habitats dominated by brittle species.



### Some specialized applications of crushing have been developed facilitating treatment on steep

### slopes, making this option particularly suited for habitat types that occur in arid and semi-arid lands (for example, for portions of southern California).

(3) Tree removal - Numerous approaches to tree removal have been developed as the timber industry has evolved to operate in a variety of habitats and under myriad political and economic constraints.



### The three broad categories of tree removal for possible inclusion in development of non-burning fuel management strategies are de scribed in (i) th rough (iii) below.

(i) Bole removal - This is traditional harvesting. Trees are felled either by hand or mechanically and removed from the site fo r processing. Bole removal eliminates the vertical continuity of the fuel load, but increases surface fuel s with the addition of leaf/needle and limb materials. Overall biomass is reduced.



### Bole removal, because of its dependence on mechan ical equipment, is restricted to areas near roads and on relatively shallow slopes.

(ii) Whole tree yarding - Trees are felled either by hand or mechanically. The entire tree is then brought intact to a stagin g area where they are processed. This method removes the vertical continuity of the fuel load, removes biom ass, and adds very little to the surface fuel load. Moreover, the removal of leaf/needle and limb material is more important than bole removal in the context of fire behavior. Only suitable for trees 9-18 inches in diameter in order to avoid damage to soil and water quality caused by felling trees greater than 18 inches in
diameter.



### This technique is only appropriate for trees of moderate diameter.

(iii) Cut-to-length logging - Utilizes specialized equipment to cut and process entire
trees on site in the forest. While much of the biomass e ither remains onsite or must be addressed through secondary treatments, an important advantage of this technique is its efficacy in treating materi al of very small diameter.



### While cut-to-length logging is more expensive th an whole tree yarding, it is suitable for stand conditions that preclude use of the latter method.

C. Chemical - Chemical treatments entail the application of herbicides. Chemical treatments do not remove fuel, but kill existing vegetation or inhibit growth (i.e. maintenance of defensible fuel profile zones).



### In general, chemicals are appropriate to treat flashy, understory grow th such as the weedy vegetation under power transmission lines or along railroad rights-of-way.

D. Grazing - Involves the use of livestock, primarily cattle and goats, to manage the growth and composition of brush and grasses. While it is of limited utili ty in forested habitats, it can be an effective technique in rural residential areas, in the wild land-urban interf ace and in selected grassland and shrub land habitats. [20.11.21.18 NMAC - N, 12/31/03; A, 7/11/11]



### Carefully managed grazing programs can be used to restore degraded ecosystems to historical conditions. For example, in dry rangeland areas , grazing has been used to convert non-native annual grassland habitat to perennial bunchgrass communities. While the a pplications of grazing
could be limited it is nevertheless a technique that enjoys little pol itical resistance, and requires a
minimum of financial investment.

### 20.11.21.19 EMISSIONS REDUCTION TECHNIQUES: Emissions reductions techniques (ERTs) are control strategies that help reduce smoke from prescribed fi res. ERTs are used in conjunction with fire and do not replace fire. In addition to department-app roved ERTs, other ERTs are included below.



### Methods “A” through “I” listed in th is section each provide for ways to curb emissions of fine particulate matter, VOC, NOx, elemental a nd organic carbon (minimizing the amount of emission output per unit or acre burned). A reducti on in emissions of these air contaminants in a statewide inventory would be in concert with the intended goals prescribe fire programs per 40 CFR 51.309(d)(6)(ii).

Fire emissions can be minimized through the use of ERT that increase combustion efficiency and reduce the smoldering stage of bur ning. There are six general categories of ERT: reduce the area burned, reduce fuel load, reduce fuel production, reduce fuel cons umed, schedule burning before new fuels appear, and increase combustion efficiency.

A. Reducing the area burned.



### This measure makes a lesser surface area available to burn.

(1) Burn concentrations - Sometimes concentrations of fuels can be burned rather than using fire on 100 percent of an area requiring treatment . The fuel loading of the areas burn ed using this technique tends to be high. (2) Isolate fuels - Large logs, snags, deep pockets of duff, sawdust piles, squirrel middens or other fuel concentrations that have the potential to smolder for long periods of time can be isolated from burning. Eliminating these fuels from burning is often faster, safer and less costly than mop-up, and allows targeted fuels to remain following the prescribed burn. This can be accomplished by several techniques including: (a) constructing a fireline around fuels of concern; (b) not lighting individual or concentrated fuels; (c) using natural barriers or snow; (d) scattering the fuels; and (e) spraying with foam or other fire retardant material. (3) Mosaic burning - Landscapes often contain a variety of fuel types that are noncontinuous and vary in fuel moisture content. Prescribed fire prescriptions and lighting patterns can be assigned to use this fuel and fuel moisture non-homogeneity to mimic natural wildfire and create patches of burned and non-burned areas or burn only selected fuels. Areas or fuels that do not burn do not contribute to emissions.



### These measures take advantage of a lesser amount of fuel being made available to burn, or act as an impediment to availability combustible materials for a burn.

B. Mechanical treatments - Mechanically removing fuels from a site reduces emissions proportionally to the amount of fuel removed. Treatments may include but are not limited to the following methods. (1) Firewood sales - Firewood sales may result in sufficient removal of woody debris making on site burning unnecessary. This technique is particularly effective for piled mate rial where the public has easy access. (2) Whole tree harvesting - Whole trees can be removed through harvesting or thinning techniques and virtually eliminate the need for burning. (3) Mulch/chips - Mechanical processing of dead and live vegetation into wood chips or shredded biomass is effective in reducing emissions if the material is removed from the site or biologically decomposed. (4) Fuel for power generation - Vegetative biomass can be removed and used to provide electricity in regions with cogeneration facilities.

### (5) Biomass utilization - Vegetative material can be used for many miscellaneous purposes including pulp for paper, methanol/ethanol production, wood pellets , garden bedding, furniture, specialty crafts, compost, mulch and fiberboard/particleboard. C. Chemical pre-treatments - Broad spectrum and selective herbicides can be used to reduce or remove live vegetation, or alter species diversity respectiv ely. Herbicides can be a pplied before burning to kill vegetation, which can create a much drier fuel, which in turn burns more efficiently.
D. Site conversion - Natural site productively can be decreased by changing the vegetation composition. E. Land use change - Changing wildlands / shrublands / rangelands / croplands to another land use category may result in elimination of the need to burn and vice versa. F. Reduce fuel loading - Some or all of the fuel can be permanently removed from the site, biologically decomposed, or prevented from being produced. Overall, emissions can be reduced when fuel is permanently excluded from burning. (1) Mechanically removing fuel - Mechanically removing fuels from a site reduces emissions proportionally to the amount of fuel removed. (2) Burn more frequently at low intensity - This method prevents the fuels from building up and causing greater emissions. (3) Schedule burning before green up - Burning in cover types with a grass or herbaceous fuel bed component can produce fewer emissions if burning take s place before these fuels green-up for the year. (4) Under burn before fall leaf drop - When deciduous trees and shrubs drop their leaves, this ground litter contributes extra volume to the fuel bed. (5) Ungulates - Grazing and browsing live grassy or brushy fuels by sheep, cattle or goats can reduce fuels prior to burning or reduce the burn frequency. (6) Isolating pockets of fuel - See explanation under reducing the area burned. G. Reduce fuel consumption - Emission reductions can be achieved when significant amounts of
fuel are at or above the moisture of extinctio n, and therefore are unavailable for combustion. (1) Having high moisture content in non-target fuels - This can result in only the fuels targeted being dry enough to burn. (2) High moisture in large woody fuels - Burning when large-diamet er woody fuels (three- plus inch diameter or greater) are wet can result in lower fuel consumption and less smoldering. (3) Moist litter or duff - The organic layer that forms from decayed and partially decayed material on the forest floor often burns during the inefficient smoldering phase. Consequently, reducing the consumption of this material can be effective at reducing emissions. (4) Mass ignition/shortened fi re duration/aerial ignition - “Mass” ignition can occur through a combination of dry fine-fuels and rapi d ignition, which can be achieved usi ng a helitorch. The conditions necessary to create a true mass ignition situation include rapid ignition of a large open area with continuous dry fuels. (5) Burn before large fuels cure - Living trees contain very high in ternal fuel moistures, which take a number of months to dry after harvest. If an area can be burned within 3-4 drying months of timber harvest, many of the large fuels will still contain a si gnificant amount of live fuel moisture. (6) Rapid mop-up - Rapidly extinguishing a fire can reduce fuel consumption and smoldering emissions somewhat, although this technique is not particularly effective at reducing total emissions and can be expensive. (7) Burn before precipitation - Scheduling a prescribed fire before a precipitation event will often limit the consumption of large woody material, snags, stumps, and organic ground matter, thus reducing the potential for a long smoldering period and reducing the average emission actor. H. Minimizing emissions by mi nimizing the emission factor - Using burning techniques that create
a more efficient burn. (1) Burning fuels in piles or windrows - Keeping piles dry and free of dirt and other debris generates greater heat and therefore, the piles burn more efficiently. The piles or windrows can be made mechanically or by hand. (2) Utilizing a backing fire - Flaming combustion is cleaner than smoldering combustion. A backing fire takes advantage of this relationship by caus ing more fuel consumption to take place in the flaming phase than would occur if a heading fire were used. (3) Rapid mop-up - See above. (4) Mass ignition/shortened fi re duration/aerial ignition - See above.

### (5) Dry conditions - Burning under dry conditions increa ses combustion efficiency and fewer emissions may be produced.
I. Air curtain incinerator (ACI) - Use of an air curtain incinerator improves combustion and reduces emissions by introducing high velocity air into a combustion environment. As the air continuously rotates in and over the environment, a “curtai n” is created over the fire thus trapping smoke and particulate matter. Constant airflow into and over the combustion environment allows temperatures to remain high, resulting in relatively complete combustion of all emission products. ACIs can burn a wider variety of materials from green fuel to red slash and produce lower smoke emissions as compared to pile or broadcast burning. They also reduce risk of an escaped fire since the fire is contained and can be quickly extinguished if necessary.



### This method is shown to improve combustion e fficiency, thus reduci ng the amount of smoke
related emissions.

In adopting Section 19 ERTs the department typically evaluates the use of a lternatives to fire in either programmatic or long-term management plans. Therefore, the decision to use fire or other
alternatives to reduce emissions can be determined prior to deve lopment of the operational-level plan or burn plan.

[20.11.21.19 NMAC - N, 12/31/03; A, 7/11/11]

20.11.21.20 AMBIENT AIR QUALITY STANDARD EXCEEDENCE: The Director director shall have the authority to suspend any open burning allowed under this Part 20.11.21 NMAC in the event of current ongoing or prospective projected violations of the federal, state, or local ambient air quality standards. [ 1/3/85, 20.11.21. 15 20 NMAC

– - Rn, 20 .11.21.15 NMAC 11.21.II.4, & A, 12/31/03; A, 7/11/11]



### This section authorizes the AEHD to suspend a burn event, if the national ambient air quality standards (NAAQS), found in 40 CFR Part 50, or other applicable air quality standards are expected to be exceeded. This section prom otes adherence to NAAQS and other federal standards, thus assisti ng with the federal enforcement of th e regulation. This section should be approved.

20.11.21.21 REVIEW MEETING, HEARING ON THE MERITS REGARDING PERMIT
APPLICATIONS AND PERMITS:
A. If a permit applicant is adversely affected by or disagrees with the division’s proposed decision regarding the applicant’s permit application, the applicant may request an informal review meeting to discuss the division’s proposed decision. The request shall be in writing or on a form obtained from the division. Within 15 working days of the applicant receiving the proposed decision, the applicant shall deliver the request to the director and the division manager. Unless a timely request for an informal review meeting is received by the director, the division’s proposed decision regarding the permit application shall be final. Within 10 /1/02 working days after receiving the request, the director shall hold an informal review meeting with th e applicant and a division representative (e.g., division manager or the person issuing the proposed decision regarding the permit application) in an attempt to resolve disagreements. Within two working days after the informal review meeting, the division representative shall issue a final decision regarding the permit application. If the permit applicant or permittee is adversely affected by the final decision made by the divi sion representative, the permit applicant or permittee may follow the procedures described in Subsection B of 20.11.21.21 NMAC.

B. A person adversely affected by the decision of the division regarding a permit application or permit (“petitioner”) may file a petition for a hearing on th e merits before the board as provided by 20.11.81 NMAC, Adjudicatory Procedures - AQCB . Unless a timely petition for a hearin g on the merits is received by the director, the decision of the division regarding the permit application or permit shall be final. [20.11.21.21 NMAC - N, 12/31/03; A, 7/11/11 ]



### This section provides an opportunity for review or a hearing on the merits of a burn permit in

### case an individual is adversely affected by an open burning activity. This section promotes transparency and allows the public to have an opportunity to participat e in the decision making process. This section should be approved.

HISTORY OF 20.11.21 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. Resolution No. 1, Air Pollution Control Regulations Of The of the Albuquerque Bernalillo County Air Quality Control Board, 8/6/71; Regulation No. 1, Air Pollution Control Regulations, 6/6/73; Regulation No. 1, Air Pollution Control Regulations, 7/ 9 19 /73; Regulation No. 1, Air Pollution Control Regulations, 3/21/77; Regulation No. 3, Open Burning, 3/24/82; Regulation No. 3, Open Burning, 1/3/85; Regulation No. 3, Open Burning, 6/16/92.

History of Repealed Material: [Reserved]

Other History: Regulation No. 3, Open Burning, filed 6/16/92 was renumbered and reformatted into first version of the New Mexico Administrative Code as 20 NMAC 11.21, Open Burning, filed 10/27/95. 20 NMAC 11.21, Open Burning, file d 10/27/95 was renumbered, reformatte d, amended and replaced by 20.11.21 NMAC, Open Burning, effective 10/1/02.

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