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 Requirements; 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 Sulfur Dioxide Trading Rule R307-250...............159 

Evaluation of Open Burning (20.11.21 NMAC) ......................................................183 
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Evaluation of Sulfur Dioxide Emissions Inventory Requirements; Western Backstop Sulfur 

Dioxide (20.11.46 NMAC) 
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This portion of the Technical Support Document (TSD) concerns our evaluation of 20.11.46 NMAC as adopted bBernalillo County on 12/31/03, and subsequently amended, effective on 9/15/08 and 5/16/2011. These original ru

were 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 title Sulfur Dioxide Emissions Inve

Western Backstop Sulfur Dioxide. They are offered to satisfy the requirements for a market trading program undeThey may be approved as companion rules to a regional haze plan submitted under 40 CFR 31.309 if they are su

milestones required by 51.309(d)(4)(i) and if they are consistent with the elements for trading programs outlined 51.308(e)(2)(vi). Additionally, these rules were developed based upon the 2003 Western Regional Air PartnershiBackstop (WEB) Sulfur Dioxide Trading Program Model Rule (Model Rule) for section 309 states to follow. A s

program is dependent upon consistency between the state’s trading program rules. Therefore, the analysis below 

Albuquerque-Bernalillo County’s Rule 20.11.46 NMAC to the 2003 WRAP Model Rule and the State of Utah’s Sulfur Dioxide Trading Rule R307-250 for consistency. The complete text of each SIP revision, the Model Rule and a copy of the State of Utah’s Trading Program Rule to the end of this section of the TSD. A section-by-section evaluation of the Title 20, Chapter 11, Part 46 Sulfur DInventory Requirements; Western Backstop Sulfur Dioxide (20.11.46 NMAC) submittals is as follows: 

Rule Provisions Adopted 

 12/31/03 Submitted 12/29/03 

Amended 9/15/08 Submitted 9/10/08 

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20.11.46.1This provision titled, ISSUING AGENCY, sets forth the administrative body responsible for this regulation and its contact information. This section should be approved. 

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20.11.46.2This provision, titled, SCOPE, defines applicable geographic areas relevant to part 46. This section should be approved. 

X X2 N

20.11.46.3This provision, titled, STATUTORY AUTHORITY, sets forth the legal authority of the issuing agency for this regulation. This section should be approved. 

X X2 N

20.11.46.4 X No N

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This provision, titled, DURATION, defines the duration of rule, i.e., permanent. This section should be approved. 20.11.46.5This provision, entitled, EFFECTIVE DATE, defines the date upon which the rule will go in effect. This section should be approved. 

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20.11.46.6This provision, titled, OBJECTIVE, defines the objective of the rule (to implement the western backstop SO2 trading program etc.), corresponds to Section A -Purpose of the Model Rule and is substantially identical to Section 1 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.7This provision, titled, DEFINITIONS, defines the terms applicable to the rule. Utilization of the defined terminologies from this section in the regulation will provide for clarity and facilitate application of the regulation. This provision corresponds to Section B – Definitions of the Model Rule and is substantially identical to Section 2 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.8This provision, titled, VARIANCES, states that no variances will be granted from requirements of this rule. This section should be approved. 

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20.11.46.9This provision, titled, EMISSION TRACKING REQUIREMENTS FOR SULFUR DIOXIDE EMISSION, defines the emission inventory and reporting requirements for tracking compliance with the regional sulfur dioxide milestones until the WEB trading program has been implemented and emission tracking has occurred under provision 20.11.46.16. This section should be approved.

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20.11.46.10This provision, titled, WEB TRADING PROGRAM TRIGGER, defines the program trigger date and the effective date of special penalty provisions. This provision works with the provisions of the RH 309 SIP to accord with the requirements of 40 CFR 51.309(d)(4)(iv), the “Criteria and Procedures for a Market Trading Program.” This 

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provision corresponds to Section C – WEB Trading Program Trigger of the Model 

Rule and is substantially identical to Section 3 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved.

20.11.46.11This provision, titled, WEB TRADING PROGRAM APPLICABILITY, defines the general applicability of the rule and lists types of applicable sources consistent with 40 CFR 51.308(e)(2)(vi)(A), the “applicability provisions.” This provision corresponds to Section D – WEB Trading Program Applicability of the Model Rule and is substantially identical to Section 4 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.12This provision, titled, ACCOUNT REPRESENTATIVE FOR WEB SOURCES, requires that each source identify an account representative. This helps satisfy the requirement for “authorized account representative provisions” from 40 CFR 51.308(e)(2)(vi)(G). This provision corresponds to Section E – Account Representative for WEB Sources of the Model Rule and is substantially identical to Section 5 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.13This provision, titled, REGISTRATION, requires source registration prior to the program trigger date pursuant to 40 CFR 51.309(d)(4)(iii)-(iv). This requirement will help ensure participation and tracking of all sources subject to the program. This provision corresponds to Section F – Registration of the Model Rule and is substantially identical to Section 6 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

X No X

20.11.46.14This provision, titled, ALLOWANCE ALLOCATIONS, outlines requirements for allowance allocations. This provision is needed to establish the allowance market according to appropriate procedures and with appropriate participation. This provision corresponds to Section G – Allowance Allocations of the Model Rule and is substantially identical to Section 7 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.15This provision, titled, ESTABLISHMENT OF ACCOUNTS, requires allowance tracking system accounts consistent with 40 CFR 51.308(e)(2)(vi)(B). This provision corresponds to Section H – Establishment of Accounts of the Model Rule and is substantially identical to Section 8 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

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20.11.46.16This provision, titled, MONITORING, RECORD KEEPING AND REPORTING – GENERAL REQUIREMENTS ON MONITORING METHODS, presents the general requirements for monitoring methods and plans consistent with 40 CFR 51.308(e)(2)(vi)(C)-(E), the requirements for monitoring, recordkeeping and reporting provisions. These requirements are generally needed to ensure enforceability of the program. This provision corresponds to Section I – Monitoring, Recordkeeping and Reporting of the Model Rule and is substantially identical to Section 9 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

X X2,3 X

20.11.46.17This provision, titled, ALLOWANCE TRANSFERS, outlines procedural requirements for allowance transfers consistent with 40 CFR 51.308(e)(2)(vi)(H), the requirement for allowance transfer provisions. This provision corresponds to Section J – Allowance Transfers of the Model Rule and is substantially identical to Section 10 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

X No X

20.11.46.18This provision, titled, USE OF ALLOWANCES FROM A PREVIOUS YEAR, defines the use(s) of allowances consistent with the requirements in 40 CFR 51.308(e)(2)(vi)(K), which requires provisions that clarify and the restrictions on the 

use of banked allowances. This provision corresponds to Section K – Use of Allowances from a Previous Year of the Model Rule and is substantially identical to Section 11 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

X X2 X

20.11.46.19 X X2,3 X

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This provision, titled, COMPLIANCE, addresses compliance, non-compliance, certification of compliance, penalties and liability consistent with 40 CFR 51.308 (e)(2)(vi)(I), regarding necessary compliance provisions and (j), regarding penalty provisions. The 2011 revisions appropriately corrected the section so that mandatory 

allowance deductions are made to equal “at least three times the tonnage of excess emissions,” as required for mandatory allowance deductions. This provision corresponds to Section L – Compliance of the Model Rule and is substantially identical to Section 12 of Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

20.11.46.20This provision, titled, SPECIAL PENALTY PROVISIONS FOR YEAR 2018 MILESTONE, requires special provisions for the program if the first program control period will not occur until after 2018, consistent with 40 CFR 51.309(d)(4)(vi)(A) and (B). This provision works to prohibit emissions that exceed the 2018 milestone beginning in 2018 and institutes penalty provisions to ensure the 2018 milestone will be met. This provision corresponds to Section M – Special Penalty Provisions for the 2018 Milestone of the Model Rule and is substantially identical to Section 13 of 

Utah’s Rule R307-250: Western Backstop Sulfur Dioxide Trading Program. This section should be approved. 

X X3 X

20.11.46.21This provision, titled, SO2 MONITORING OF FUEL GAS COMBUSTION DEVICES, defines applicability, monitoring, quality assurance/control and missing data procedures requirements pursuant to 40 CFR 51.308 (e)(2)(vi)(C)-(E). This provision is applicable to fuel gas combustion devices at petroleum refineries and ensures continuous monitoring of SO2. This provision corresponds to Model Rule Appendix A: WEB Model Rule Monitoring Protocols, Protocol WEB-1: SO2 Monitoring of Fuel Gas Combustion Devices. This section should be approved. 

X X2 X

20.11.46.22This provision, titled, PREDICTIVE FLOW MONITORING SYSTEMS FOR KILNS WITH POSITIVE PRESSURE FABRIC FILTER outlines applicability, monitoring, certification and quality assurance and quality control requirements for 

cement or lime kilns pursuant to 40 CFR 51.308 (e)(2)(vi)(C)-(E). This provision 

X No X

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corresponds to Model Rule Appendix A: WEB Model Rule Monitoring Protocols, Protocol WEB-2: Predictive Flow Monitoring Systems for Kilns with Positive Pressure Fabric Filter. This section should be approved. 20.11.46.23This provision, titled, SAVINGS CLAUSE, clarifies amendments and their effect on pending actions for violations. This section should be approved. 

X No N

20.11.46.24This provision, titled, SEVERABILITY, clarifies the severability and validity of portions of the rule. This section should be approved. 

X X2 N

Rule Revision Notes:

1) Clarifies structural formatting of rule

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

3) Addition/deletion of language for clarification of requirements.

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K. "Allowance transfer deadline" means the deadline established in Subsection B of 20.11.46.17 

NMAC when allowances must be submitted for recording in a WEB source’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 department by the account representative 

as required under Subsection B of 20.11.46.19 NMAC to report a WEB source’s compliance 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 SO2 emissions for WEB 

sources as recorded and reported in accordance with 20.11.46 NMAC are tracked 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 commenced 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, established according to the procedures in Section A of the [SO2 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 with the provisions of Section [F(3) of Chapter VI of the SO2 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 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 determines that the WEB trading 

program has been triggered in accordance with the provisions of Section [D of Chapter VI of the SO2 milestones and 

backstop trading program] A2 of the implementation plan element.

 BB. "Program trigger years" means the years shown in Table 3, column 3, [of the SO2 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 described in [Chapter V(D) of the SO2 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] meet the 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

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 DD. "Retired source" means a WEB source that has received a retired source exemption 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, the unique identification number assigned 

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

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

 GG. ["SO2 milestones and backstop trading program implementation plan element" means 

Section F of Chapter VI of the Section 309 Regional Haze State Implementation Plan Element: AlbuquerqueBernalillo 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 limitation for emission units that are monitored for SO2 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 authority under the signature of the account 

representative. For purposes of determining when something is submitted, an official U.S. postal service postmark, 

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

 [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 (SO2) 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 [SO2 milestones and backstop trading program] implementation plan element 

to ensure that regional SO2 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 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 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 inventory 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 above 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 

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 (f) 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. 

 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 following 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 location of the stationary source; 

 (2) the name and telephone number of the person to contact regarding the emissions report; 

 (3) a certification signed by the owner, or operator, or a responsible official as defined in 20.11.42 

NMAC attesting that the statements and information contained in the emissions report are true and accurate to the 

best knowledge and belief of the certifying official, and including the full name, title, signature, date of signature, 

and telephone number of the certifying official; for sources subject to 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 equipment 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 estimates, 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 emissions 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 effective on the program trigger date that is established in accordance with the 

procedures outlined in [the SO2 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.

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

BART due to SO2 emissions. 

 (2) All stationary sources not meeting the criteria of Paragraph (1) of Subsection B of 20.11.46.11 

NMAC, that have actual SO2 emissions of 100 tons or more per year in the program trigger years or any subsequent 

year. The fugitive emissions of a stationary source shall not be considered in determining whether it is a WEB 

source unless the source belongs to one of the following categories of stationary source: 

 (a) coal cleaning plants (with thermal dryers); 

 (b) kraft pulp mills; 

 (c) portland cement plants; 

 (d) primary zinc smelters; 

 (e) iron and steel mills; 

 (f) primary aluminum ore reduction plants; 

 (g) primary copper smelters; 

 (h) municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) hydrofluoric, sulfuric, or nitric acid plants; 

 (j) petroleum refineries; 

 (k) lime plants; 

 (l) phosphate rock processing plants; 

 (m) coke oven batteries; 

 (n) sulfur recovery plants; 

 (o) carbon black plants (furnace process); 

 (p) primary lead smelters; 

 (q) fuel conversion plants; 

 (r) sintering plants; 

 (s) secondary metal production plants; 

 (t) chemical process plants; 

 (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal 

units per hour heat input; 

 (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels; 

 (w) taconite ore processing plants; 

 (x) glass fiber processing plants; 

 (y) charcoal production plants; 

 (z) fossil-fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; or 

 (aa) any other stationary source category, which as of August 7, 1980 is being regulated under 

Section 111 or 112 of the Clean Air Act. 

 (3) A new source that begins operation after the program trigger date and has the potential to emit 

100 tons or more of SO2 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 SO2 emissions of less than 100 tons per year, 

and 

 (b) had actual SO2 emissions of 100 tons or more in a single year due to a temporary emission 

increase that was caused by a sudden, infrequent, and not reasonably preventable failure of air pollution control 

equipment, failure of process equipment, or a failure 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 maintenance or careless operation 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. 

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D. Application for retired source exemption:

 (1) Any WEB source that is retired shall apply for a retired source exemption. The WEB source may 

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

following information: 

 (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 general account where any unused allowances or 

future allocations will be recorded. 

 (2) Responsibilities of retired sources: The retired source exemption becomes effective when the 

department notifies the source that the retired source exemption has been granted. 

 (3) A retired source shall be exempt from 20.11.46.16 NMAC and 20.11.46.19 NMAC, except as 

provided below. 

 (a) A retired source shall not emit any SO2 after the date the retired source exemption is 

effective. 

 (b) A WEB source shall submit SO2 emissions reports, as required by Subsection O of 

20.11.46.16 NMAC for any time period the source was operating prior to the effective date of the retired source 

exemption. The retired source shall be subject to the compliance provisions of 20.11.46.19 NMAC, including the 

requirement to hold allowances in the source's compliance account to cover all SO2 emissions prior to the date the 

source was permanently retired. 

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

five years from the date the records are created, retain records demonstrating the effective date of the retired source 

exemption for purposes of [this part] 20.11.46 NMAC. 

 (4) Resumption of operations. 

 (a) Should a retired source desire to resume operation, the retired source shall submit 

registration materials as follows: 

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

under 20.11.41 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 the department at least [ninety] 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 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 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.

 (1) The account representative and any alternate account representative shall be appointed by an 

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

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 (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 available), telephone and facsimile 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 SO2 

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

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; 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 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 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. 

 (1) The responsibilities of the account representative include, but are not limited to, the transferring 

of allowances, and the submission of monitoring plans, registrations, certification applications, SO2 emissions data 

and compliance reports as required by 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 information submitted in this document and all its attachments. Based on my 

inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements 

and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are 

significant penalties for submitting false statements and information or omitting required statements and 

information, including the possibility of fine or imprisonment.” 

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 

the certificate, the representations, actions, inactions, and submissions of the account representative of the WEB 

20.11.46 NMAC 7

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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 once the allowances are allocated by the department under Section [F1 of 

Chapter VI of the SO2 milestones and backstop trading program] C1 of the implementation plan element. If 

applicable, the tracking system administrator shall also record a portion of the SO2 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 SO2 milestones and backstop trading program] C1.2 of the implementation plan element. 

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

determine the number of whole allowances, the number of allowances shall be rounded down for decimals less than 

0.50 and rounded up for decimals of 0.50 or greater. 

D. An allowance is not a property right, and is a limited authorization to emit one ton of SO2 valid 

only for the purpose of meeting the requirements of 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 SO2 emissions to a level that is below the floor level allocation established for 

that source in Section [F1 of Chapter VI of the SO2 milestones and backstop trading program] C1 of the

implementation plan element may apply to the department for 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 Chapter VI of the SO2 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 SO2 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 SO2 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 SO2

emissions; and the emissions monitoring reports during the credit generating period must demonstrate that the actual 

annual SO2 emissions were below the floor level allocation established for that source in Section F1 [of Chapter VI 

of the SO2 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 SO2 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 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. 

 (1) A new WEB source or an existing WEB source 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 to the 

department for an allocation from the new source set-aside, as outlined in Section [F3 of Chapter VI of the SO2

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 SO2 emission limit for that source after the source has commenced operation. 

 (b) An existing WEB source is eligible to apply for an annual allocation equal to the permitted 

annual SO2 emission limit for that source that is attributable to any amount of production capacity that is greater 

than the permitted production capacity for that source as of January 1, [2003] 2008. 

20.11.46 NMAC 8

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 (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 the new source set-aside shall 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 transferring allowances. In addition, if a WEB source conducts 

monitoring under Subsection B 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 WEB source and account 

representative shall have no rights to transfer allowances in or out of such special reserve 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 shall 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; for 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 20.11.46.12 NMAC and for compliance accounts and for general accounts, a certification of 

truth and accuracy by the account representative according to Subsection D of 20.11.46.15 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 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 available), telephone and facsimile 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 applicable, by an agreement binding on all persons who have 

an ownership interest in allowances in the general account with regard to matters concerning the general account. I 

certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB trading 

program on behalf of said persons and that each such person shall be fully bound by my representations, actions, 

inactions, or submissions and by any decision or order issued to me by the department regarding the general 

account.” 

 (3) Upon receipt by the department of the complete certificate, the account representative represents 

and, by his or her representations, actions, inactions, or submissions, legally binds each person who has an 

ownership interest in allowances held in the general account with regard to all matters concerning the general 

account. Such persons shall be bound by any decision or order issued by the department. 

20.11.46 NMAC 9

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 (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 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] 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 inquiry of those individuals with primary 

responsibility for obtaining the information, I certify that the statements and information are to the best of my 

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

false statements and information or omitting required statements and information, including the possibility of fine or 

imprisonment.” 

E. Changing the account representative: The account representative or alternate account 

representative may be changed at any time by sending a complete superseding certificate to the 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 shall 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 SO2 emitting unit at a WEB source the owner or operator shall comply with the 

following, as applicable, to monitor and record SO2 mass emissions: 

 (1) if a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB trading 

program, the unit shall meet the requirements contained in 40 CFR Part 75 with respect to monitoring, recording and 

reporting SO2 mass emissions; 

 (2) if a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB trading 

program, a unit shall use one of the following monitoring methods, as applicable: 

 (a) a continuous emission monitoring system (CEMS) for SO2 and flow that complies with all 

applicable monitoring provisions in 40 CFR Part 75; 

 (b) if the unit is a gas- or oil-fired combustion device, the excepted monitoring methodology in 

Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) provisions (with respect to SO2

mass emissions only) of [Section] 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 20.11.46.16, and the account representative 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 requirements 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 flares are used as a fuel gas combustion device at a 

petroleum refinery; 

20.11.46 NMAC 10

<43>
 (c) any other type of unit without add-on SO2 control equipment, if no control level was 

assumed for the WEB source in establishing the floor level (and reducible allocation) provided in Section [F1 of 

Chapter VI of the SO2 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 SO2 emitting units at a 

WEB source. The notice shall be submitted in accordance with the 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 source, 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 SO2 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 representative 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 SO2 emitting 

unit(s). The modified notice shall be submitted in accordance 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 exclude 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 provided that no such treatment of the WEB source's allocation will be required for any unit 

that is permanently retired and had no emissions for the entire period for which the WEB source implements 

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 permanently retired unit recommences operation, 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 account 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 under 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 account 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 SO2 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 representative) shall implement, 

certify, and use such monitoring in accordance with 20.11.46.16 NMAC, and shall record and report the data from 

20.11.46 NMAC 11

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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 Paragraph (5) of Subsection O of 20.11.46.16 NMAC; 

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

atmosphere without accounting for these emissions in accordance with the applicable provisions of 20.11.46.16 

NMAC; 

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

recording SO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when 

calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of 

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 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 of 20.11.46.16 NMAC. 

D. Monitoring plan general provisions: The [WEB source] owner or operator of an SO2 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 initial 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 SO2 emissions are monitored and reported; and the plan 

shall be submitted in accordance with the compliance deadlines 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 deadline 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 electronic 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 with 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 SO2 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 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. 

F. Initial monitoring plan: The account representative shall submit an initial monitoring plan for 

each SO2 emitting unit (or group of units sharing a common methodology) that, except as otherwise specified in an 

applicable provision in 20.11.46.21 NMAC, contains the following information: 

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

 (a) plant name and location; 

 (b) plant and unit identification numbers assigned by the department; 

 (c) type of unit (or units for a group of units using a common monitoring methodology); 

20.11.46 NMAC 12

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 (d) identification of all stacks or pipes associated with the monitoring plan; 

 (e) types of fuel(s) fired (or sulfur containing process materials used in the SO2 emitting unit), 

and the fuel classification of the unit if combusting more than one type of fuel and using a 40 CFR Part 75 

methodology; 

 (f) type(s) of emissions controls for SO2 installed or to be installed, including specifications of 

whether such controls are pre-combustion, post-combustion, or integral to the combustion process; 

 (g) maximum hourly heat input capacity, or process throughput capacity, if applicable; 

 (h) identification of all units using a common stack; and 

 (i) indicator of whether any stack identified in the plan is a bypass stack; 

 (2) for each unit and parameter required to be monitored, identification of monitoring methodology 

information, consisting of monitoring methodology, monitor locations, substitute data approach for the 

methodology, and general identification of quality assurance procedures; 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, operating characteristics, certification testing, ongoing quality 

assurance and maintenance procedures, and substitute data procedures; 

 (3) if the WEB source intends to petition for a change to any specific monitoring requirement 

otherwise required under 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 specified 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 monitoring component (including each monitor and its 

identifiable components, such as analyzer or probe) in a CEMS (e.g., SO2 pollutant concentration monitor, flow 

monitor, moisture monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition 

and handling system), or a protocol in 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 method of sample acquisition or operation (e.g., in 

situ pollutant concentration monitor or thermal flow monitor); 

 (d) designation of the system as a primary or backup system; 

 (e) first and last dates the system reported data; 

 (f) status of the monitoring component; and 

 (g) parameter monitored; 

 (2) identification and description of all major hardware and software components of the automated 

data acquisition and handling system, including: 

 (a) hardware components that perform emission calculations or store data for quarterly 

reporting purposes (provide the manufacturer and model number); and 

 (b) software components (provide the identification of the provider and model or version 

number); 

 (3) explicit formulas for each measured emissions parameter, using component or system 

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

the reported concentrations and mass emissions; the formulas 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 flow monitoring location (for units with flow monitors, 

only); 

 (5) if using CEMS for SO2 and flow, for each parameter monitored: scale, maximum potential 

concentration (and method of calculation), maximum expected concentration (if applicable, and method of 

calculation), maximum potential flow rate (and method of calculations), span value, full-scale range, daily 

calibration units of measure, span effective date and hour, span inactivation date and hour, indication of whether 

20.11.46 NMAC 13

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dual spans are required, default high range value, flow rate span, and flow rate span value and full scale value in 

standard cubic feet per hour (scfh) for each unit or stack using SO2 or flow component monitors; 

 (6) if the monitoring system or excepted methodology provides for use of a constant, assumed, or 

default value for a parameter under specific circumstances, then the following information 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 longer effective (if applicable); and 

 (i) for units using the excepted methodology under [Section] 40 CFR 75.19 [of 40 CFR Part 

75], the applicable SO2 emission factor; 

 (7) unless otherwise specified in Section 6.5.2.1 of Appendix A to 40 CFR Part 75, for each unit or 

common stack on which hardware CEMS are installed: 

 (a) the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.1 of 

Appendix A to 40 CFR Part 75), or 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., low, mid, or high) identified in Section 6.5.2.1 of 

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

 (d) the date of the data analysis used to determine the normal load (or operating) level(s) and 

the two most frequently-used load (or operating) levels; and 

 (e) activation and deactivation dates when the normal load or operating level(s) change and are 

updated; 

 (8) for each unit that is complying with 40 CFR Part 75 for which the optional fuel flow-to-load test 

in Section 2.1.7 of Appendix D to 40 CFR Part 75 is used: 

 (a) the upper and lower boundaries of the range of operation (as defined in Section 6.5.2.1 of 

Appendix A to 40 CFR Part 75), expressed in 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 relative accuracy test audit; other relevant test information; calibration gas levels 

(percent of span) for the calibration error test and linearity check; calculations for determining maximum potential 

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

 (10) if applicable, apportionment strategies under [Sections] 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 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: 

 (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 SO2 emitting unit using either of the methodologies in Subparagraph (b) of Paragraph (2) of 

20.11.46 NMAC 14

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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 SO2 emitting unit for which the WEB source uses the optional 

protocol in Appendix D to 40 CFR Part 75 for SO2 mass emissions, the WEB source shall include the following 

information in the monitoring plan: 

 (a) parameter monitored; 

 (b) type of fuel measured, maximum fuel flow rate, units of measure, and basis of maximum 

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

 (c) test method used to check the accuracy of each fuel flowmeter; 

 (d) submission status of the data; 

 (e) monitoring system identification code; 

 (f) the method used to demonstrate that the unit qualifies for monthly gross calorific value 

(GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; 

 (g) a schematic diagram identifying the relationship between the unit, all fuel supply lines, the 

fuel flowmeter(s), and the stack(s); the schematic diagram must depict the installation location of each fuel 

flowmeter and the fuel sampling location(s); 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 SO2 emission rate for "pipeline natural gas" or "natural 

gas" in Appendix D to 40 CFR Part 75, the information on the sulfur content of the gaseous fuel used to demonstrate 

compliance with either Section 2.3.1.4 or 2.3.2.4 of Appendix D to 40 CFR Part 75; 

 (i) for units using the 720 hour test under Section 2.3.6 of Appendix D to 40 CFR Part 75 to 

determine the required sulfur sampling requirements, report the procedures and results of the test; and 

 (j) for units using the 720 hour test under Section 2.3.5 of Appendix D to 40 CFR Part 75 to 

determine the appropriate fuel GCV sampling frequency, report the procedures used and the results of the test; 

 (2) for each SO2 emitting unit for which the 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 SO2 mass emissions for years 

one, two, and three; and e) 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); 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 burn only gaseous fuel(s) [and/or] 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] 40 CFR 75.19(a) 

and (b) [of 40 CFR Part 75] with respect to SO2 emissions; and 

 (f) any unit historical actual, estimated and projected SO2 emissions data and calculated SO2

emissions data demonstrating that the unit qualifies as a low mass emissions unit under [Sections] 40 CFR 75.19(a) 

and (b) [of 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] 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 recertification 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

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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 SO2 emitting unit not otherwise subject to 40 CFR Part 75 that monitors 

SO2 mass emissions in accordance with 40 CFR Part 75 to satisfy the requirements of 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 within 45 days after testing is complete; 

 (c) 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 is submitted; 

 (d) 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 performance 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 J of 20.11.46.16 NMAC, 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 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 Subsection J of 20.11.46.16 NMAC; and the WEB source shall apply the 

substitute data procedures in Subsection L of 20.11.46.16 NMAC to replace, prospectively, all of the invalid, nonquality-assured data for each disapproved 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 CFR 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 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 or 20.11.46.22 NMAC, with substitute data in accordance with 

20.11.46.21 NMAC. 

 (2) For an SO2 emitting unit that does not have a certified or provisionally certified monitoring 

system in place as of the beginning of the first control period for which the unit is subject to the WEB trading 

program, the WEB source shall: 

 (a) if the WEB Source will use a CEMS to comply with 20.11.46.16 NMAC, substitute the 

maximum potential concentration of SO2 for the unit and the maximum potential flow rate, as determined in 

accordance with 40 CFR Part 75; 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 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 SO2 emission factor required for the unit as specified in 40 CFR 75.19 and the maximum rated hourly 

heat input, as defined in 40 CFR 72.2; or 

 (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

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 (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 WEB 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 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 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 Subsection 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 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 SO2, stack flow, fuel flow, or other continuous measurements, as 

applicable, and any other applicable data elements specified in 20.11.46.16 NMAC, 20.11.46.21 NMAC or in 

20.11.46.22 NMAC. The WEB source shall maintain the applicable records specified in 40 CFR Part 75 for any 

SO2 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 SO2 emitting 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 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 designed 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 statement of quarterly and cumulative annual SO2 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 SO2 emissions for all SO2 emitting units at the source. The annual report shall identify the 

total emissions for all units monitored in accordance with Subsection A of 20.11.46.16 NMAC and the total 

emissions for all units with emissions estimated in accordance 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 monitoring plan, report, certification, 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

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 (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 requirements 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 alternative 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 SO2 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 alternative 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 other information submitted under 20.11.46.16 NMAC, the 

WEB source shall ensure that, where applicable, identifying information is consistent with the identifying 

information provided in the most recent certificate of representation for the WEB source submitted under 

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 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 Subsection B of 20.11.46.16 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 

[F(9)(b) of Chapter VI of the SO2 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 immediately previous year and that were allocated 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 established in accordance with Section [F(9)(b) of the SO2 milestones and 

backstop trading program] C4.2 of the implementation plan element to determine 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. 

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

been determined in accordance with Subsection A of 20.11.46.19 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. 

[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 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] source’s

20.11.46 NMAC 18

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

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

requirements of 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 years following the calendar year for which SO2 emissions exceeded the 

milestone in accordance with procedures in [Section] Part A of the [SO2 milestones and backstop trading program] 

implementation plan element. 

 (b) For any existing source that becomes a WEB source after the program trigger date, the first 

control period is the calendar year that is four years following the inventory year in which the source exceeded the 

SO2 emissions threshold. 

 (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 SO2 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 current 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 source’s compliance account as of the allowance 

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

transfer correctly submitted for recording by the allowance transfer deadline for the current control period. 

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

 (a) the total annual SO2 emissions for all SO2 emitting units at the source 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 accordance 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 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 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 SO2 emissions for all SO2 emitting units at the source 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 transfer 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 compliance 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 reserve 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 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 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 department a compliance certification report for the source. 

20.11.46 NMAC 19

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 (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 for compliance with the allowance limitation; and 

 (c) the compliance certification report according to Paragraph (3) of Subsection B of 

20.11.46.19 NMAC. 

 (3) In the compliance certification report, the account representative shall certify, based on reasonable 

inquiry of those persons with primary responsibility for operating the WEB source in compliance with the WEB 

trading program, whether the WEB source for which the compliance certification is submitted was operated 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 SO2 allowance limitation; 

 (b) whether SO2 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 SO2 allowance tracking system for recording; 

 (c) whether the monitoring plan that governs the WEB source has been maintained to reflect 

the actual operation and monitoring of the source, and contains all information necessary to attribute SO2 emissions 

to the source, in accordance with Subsection A of 20.11.46.16 NMAC; 

 (d) whether all the SO2 emissions from the WEB source, if applicable, were monitored or 

accounted for either through the applicable monitoring or through application of the appropriate missing data 

procedures; 

 (e) if applicable, whether any SO2 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 shall specify the nature, reason, 

and date of the change, the method to determine compliance status subsequent to the change, and specifically, the 

method to determine SO2 emissions. 

 C. Penalties for any WEB source exceeding its allowance limitations:

 (1) Allowance deduction [penalties] penalty: 

 (a) If emissions from a WEB source exceed the allowance limitation for a control period, as 

determined in accordance with Subsection A of 20.11.46.19 NMAC, the source'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 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) 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 SO2 emissions in excess of its allowance limitation if the department so chooses. 

 (2) [Financial penalties: A financial penalty of $5,000 per ton of SO2 emissions in excess of the 

WEB source’s allowance limitation shall be levied. 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 SO2 

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 applicable state, tribal or federal law. 

20.11.46 NMAC 20

<53>
 (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 outlined [in Section D of Chapter VI of the SO2 

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 department allocates the 2018 allowances under Section 

[F(1) and G(1) of Chapter VI of the SO2 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 allocated for 2018 including those transferred into the 

compliance account by an allowance transfer correctly submitted by the allowance transfer deadline, in an amount 

not less than the WEB source’s total SO2 emissions for 2018. Emissions shall be determined using the pre-trigger 

monitoring provisions in [Section] Part B of the [SO2 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 SO2 emissions shall be determined under 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 SO2

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 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 excess 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 director shall seek a financial penalty for the excess emissions 

based on New Mexico’s statutory maximum civil penalties.

 (6) Each ton of SO2 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 SO2 

milestones and backstop trading program] A3.10 of the implementation plan element, that the 2018 SO2 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 tracking system administrator will record the allowances for the control period for the specific 

year for each WEB source in the source’s compliance account once the department allocates the allowances under 

Section F(1) of Chapter VI of the SO2 milestones and backstop trading program implementation plan element;

 (2) the allowance transfer deadline is midnight pacific standard time on March 1 of each year (or if 

this date is not a business day, midnight of the first business day thereafter) following the end of the specific 

emissions year. WEB sources may transfer allowances as provided in Subsection A of 20.11.46.17 NMAC until the 

allowance transfer deadline.

20.11.46 NMAC 21

<54>
 (3) a WEB source must hold allowances allocated for that specific emissions year, or any year after 

2018, including those transferred into the compliance account by an allowance transfer correctly submitted by the 

allowance transfer deadline, in an amount not less than the WEB source’s total SO2 emissions for the specific 

emissions year ; and emissions are determined using the pre-trigger monitoring provisions in Section D of the SO2

milestones and backstop trading program implementation plan element, and 20.11.46.9 NMAC;

 (4) 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 SO2 emissions shall be determined 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 transfer deadline is midnight Pacific Standard Time on 

May 31, 2021 (or if this date is not a business day, midnight of the first business day thereafter); WEB sources may 

transfer allowances as provided in 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 compliance account by an allowance transfer correctly submitted by the allowance transfer 

deadline, in an amount not less than the WEB source’s total SO2 emissions for the 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 SO2

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 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 Paragraph (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 SO2 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 special 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 SO2 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 H2S) 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

<55>
 (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 H2S; 

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

the range; 

 (iii) record negative values of zero drift, 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; and the relative accuracy test shall include a bias 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 SO2 emissions rate for all the fuel combustion devices monitored by this 

approach shall be calculated using the following equation: 

Et = (CS)(Qf)(K); where: 

Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices; 

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

Qf = 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 20.11.46.21 NMAC, fuel gas 

combustion devices having a common source of fuel gas may be monitored with an SO2 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 SO2 emission rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion devices. 

Continuous fuel flow meters shall be used in accordance with Paragraph (2) of Subsection 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 SO2 and flow, and (if applicable) moisture, shall comply with the operating 

requirements, performance specifications, and quality 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 SO2 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: 

Et = (Em)(Qt)/(Qm); where: 

Et = Total SO2 emissions in lb/hr from applicable fuel gas combustion devices; 

Em = SO2 emissions in lb/hr from the CEMS-monitored fuel gas combustion device, calculated using Equation F-1 

or (if applicable) F-2 in Appendix F to 40 CFR Part 75; 

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

Qm = 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 20.11.46.21 NMAC, fuel gas 

combustion devices having a common source of fuel gas may be monitored with an SO2 - diluent CEMS at only one 

location, if the CEMS monitoring at that location is representative of the SO2 emission rate (lb SO2/mmBtu) of all 

applicable fuel gas combustion devices. If this option is selected, the owner or operator shall conduct fuel gas 

sampling and analysis for gross calorific value (GCV), and shall use continuous fuel flow metering in accordance 

with Paragraph (1) of Subsection B of 20.11.46.21 NMAC, with separate fuel metering for the CEMS-monitored 

fuel gas combustion device. 

 (a) Each SO2 - diluent CEMS shall comply with the applicable provisions for SO2 monitors and 

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

determining SO2 emission rate (lb/mmBtu) by substituting the term SO2 for NOx in that section, and using a K factor 

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

 (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

<56>
 (c) The SO2 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: 

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

; where: 

Et = Total SO2 emissions in lbs/hr from applicable fuel gas combustion devices; 

Em = SO2 emissions in lb/mmBtu from the CEMS - monitored fuel gas combustion device; 

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

GCV = Fuel Gross Calorific Value (Btu/scf); and 

106 = Conversion from Btu to million Btu. 

 (d) The owner or operator shall calculate total SO2 mass emissions for each calendar quarter 

and each calendar year based on the emissions in lb/hr and Equations F-3 and F-4 in Appendix F to 40 CFR Part 75. 

 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 

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 NMAC for each CFGMS; 

 (2) each CEMS for SO2 and flow or each SO2-diluent CEMS shall comply with the testing and 

calibration requirements specified in 40 CFR [Part 75, section] 75.20 and Appendices A and B, except that each 

SO2-diluent CEMS shall meet the relative accuracy requirements for a NOx-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. 

 (1) A quality assurance and quality control (QA/QC) plan shall be developed and implemented for 

each CEMS for SO2 and flow or the SO2-diluent CEMS in compliance with Sections 1, 1.1, and 1.2 of Appendix B 

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 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. 

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

20.11.46.21 NMAC, missing or invalid data shall be replaced with substitute data on a rate basis (lb/mmBtu) in 

accordance with the requirements for SO2 monitors in Subpart D of 40 CFR Part 75. 

20.11.46 NMAC 24

<57>
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 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) 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 explanation to demonstrate that the SO2 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, phrase, 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] 

<58>
FILED WITH

ST,\T::: R:::r;O~OS CENTER

20 II Pr, I)i. I".J ,.,... , 10'. I4 2

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 ofthe state ofNew 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 ofthe 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 trackina 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 NMAC

<59>
L. "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 ofthe

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 ofthe 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 photovoltaic 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 2

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EE. "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 ofthe [8ti"\I'th"'" IP8eldl<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 EATS 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

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(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 ofthe 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 ofsignature,

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 ofsulfur 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, ofsulfur 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 ofstationary

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

source or group ofsources 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 4

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taconite 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 ofstationary 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 EPA

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 ofthe 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 ofsuch 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

<63>
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 502 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 ofthe 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 ofthe

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 ofthe WEB source. A copy of the

agreement shall be provided to the department.

20.11.46 NMAC 6

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(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 ofthe 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 ofthe 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 ofthe 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 offine 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 7

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20,11.46,13

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 aWEB 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 ofthe 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 ofthe

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 ofthe Section 309 Regional Haze State Implementation Plan Element: Albllquerque - 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 offive 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 8

<66>
Alhllauerqllf? - 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 ofthe 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

CI 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••F2Q.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 ofthe 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 ofthe 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 [-1source. 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 ofoperation and a copy ofthe 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 9

<67>
aaoa""! 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 representarion ofthe 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 asigned certification oftruth 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 ofthe 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 ofsaid 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 10

<68>
E. 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.....1was

.,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] Eof20.1 1.46.16 NMAC, and shall include

20.11.46 NMAC I 1

<69>
the 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 ofthe 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 S8UTeeis 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 Hsf2Q.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. Ie~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 ofthe 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 NMAc.

[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 ofthe 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

<70>
[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] Eof20.11.46.16 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] Eof 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 ofthe

systems or methodologies provided for in [ParagrapH (2)] Subparagraph (b) of Paragraph CI) 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

<71>
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 combusting 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 ofall 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"ingoffuel 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 ofthe component type and method of sample acquisition or operation

(e.g., in situ pollutant concentration monitor or thennal flow monitor);

[W] fu:.) designation ofthe 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 14

<72>
inside 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) ofsteam, 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 ofsteam, 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

ofAppendix 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 ofthe 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

<73>
[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 Vana 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 ofthe 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 ofthe 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 ofAppendix D to 40 CFR Part 75

to determine the appropriate fuel OCV sampling frequency, report the procedures used and the results ofthe 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 ofthe 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

<74>
[(;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 ofthe 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 ofthe 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 ofthe certification status ofsuch 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 ofthe 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, ifthe 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 ofthe first control period for which the unit is subject to the WEB trading

program, the WEB source shall use one ofthe 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) ifthe 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 ofAppendix D to 40 CFR Pm175;

20.11.46 NMAC 17

<75>
(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)

ofParagraph (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 ofrepresentation 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

<76>
(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 AJ 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 ofsubmission.

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 ofretirement. 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 ofsubmission 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

<77>
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 ofsuch 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 ofthe Sectjon 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 ifsuch

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 of20. 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) For any existing source that becomes a WEB source after the program trigger date, the first

control period is the calendar year that is four years following the inventory year in which the source exceeded the

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 ofthe 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

<78>
(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 ofallowances 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 ofallowances 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 repon 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 ofthe 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 ofthe 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

<79>
(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. Ifthe

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 ofthe 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 ofSO, 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 ofthe WEB trading program that applies to a source or an account

representative shall apply also to the owners and operators ofsuch source.

(b) Any person who violates any requirement or prohibition ofthe 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, Ifthe WEB trading program is triggered as outlined Part A ofthe 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 22

<80>
C 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 ifthis 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 ofthe 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 ofS01 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 ofthe 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 £04emissisRS 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 1Q.II. 4e.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

<81>
-----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 continuousfuel gas monitoring system (CFGMS) to detennine the total

sulfur content (reported as H,S) ofthe fuel gas mixture prior to combustion, and continuous fuel flow meters to

detennine the amount offuel 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 ofthe sulfur content ofthe 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 oftotal 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;

Cs = Sulfur content ofthe 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 offuel 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 24

<82>
Subsection 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 offuel 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 NOx 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 ofthe 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 25

<83>
C) [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 ofthe 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

<84>
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 ofsensor 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 ofthe 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 sfseRlrsl flaRea esslll" wHeRe"er Ibe !lew relative ..a_a), is gre.r tIlaR 1G.G l'eraeRI sfIHe 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

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1

[The following document is a model rule to implement regional SO2 milestones and a backstop 

trading program in accordance with section 309 of the regional haze rule. The regional haze rule 

establishes the mandatory requirements that must be met by a state implementation plan and 

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

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

facilitate consistent, multi-jurisdictional implementation of section 309. The template does not 

establish the only acceptable way to implement section 309, but it does have the benefit of 

extensive review and discussion by the many stakeholders involved in the WRAP process, 

including EPA review and comment. A state or tribe that develops alternate language will need 

to demonstrate to the other participating states and tribes and EPA that their plan and 

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

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

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

and tribes; and be administratively practicable.] 

Western Backstop SO2 Trading Program 

Model Rule

August 13, 2003 (final draft) 

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

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

Program. The Model SIP/TIP and the Model Rule should be reviewed together in order to fully 

understand the complete WEB Trading Program. As each participating 309 State develops its 

state’s rule, care should be taken to include or reference any local or delegated authority that 

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

Title V permitting authority). Delegation agreements should be examined for any relevant 

revisions necessary to assure the program is conducted as the rule specifies.]

A. Purpose 

1. This Rule implements the Western Backstop SO2 Trading Program (“WEB Trading Program”) 

provisions required under the federal Regional Haze Rule, 40 CFR 51.309, and [state or tribe]’s 

Regional Haze Implementation Plan. 

2. Nothing in this Rule waives any requirement otherwise in effect or subsequently required 

under another program, including Rules governing new sources. 

B. Definitions

The definitions in this part apply only to this Rule:

Account Certificate of Representation means the completed and signed submission required to 

designate an Account Representative for a WEB source or an Account Representative for a 

general account. 

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2

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

of Representation to represent owners and operators of the WEB source with regard to matters 

under the WEB Trading Program or, for a general account, who is authorized through an 

Account Certificate of Representation to represent the persons having an ownership interest in 

allowances in the general account with regard to matters concerning the general account. 

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

Actual Emissions means total annual sulfur dioxide emissions determined in accordance with 

Section I of this Rule, or determined in accordance with [refer to state or tribal inventory rule] 

for sources that are not subject to Section I of this Rule. 

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

Plan. 

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

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

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

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

available for compliance deduction for a WEB source for a control period under Section L1 of 

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

Allowance Tracking System means the system developed by [state or tribe] where allowances 

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

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

established for purposes of recording, holding, transferring, and deducting allowances. 

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

when allowances must be submitted for recording in a WEB source’s compliance account in 

order to demonstrate compliance for that control period. 

Compliance account means an account established in the Allowance Tracking System under 

Section H1 of this Rule for the purpose of recording allowances that a WEB source might hold to 

demonstrate compliance with its allowance limitation. 

Compliance certification means a submission to [state or tribe] by the Account Representative 

as required under Section L2 of this Rule to report a WEB source’s compliance or 

noncompliance with this Rule. 

Control period means the period beginning January 1 of each year and ending on December 31 

of the same year, inclusive. 

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3

Emissions tracking database means the central database where SO2 emissions for WEB sources 

as recorded and reported in accordance with this Rule are tracked to determine compliance with 

allowance limitations. 

Emission unit means any part of a stationary source that emits or would have the potential to 

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

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

Trigger Date. 

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

vent, or other functionally equivalent opening. 

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

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

show compliance with an allowance limitation. 

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

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

Milestones and Backstop Trading Program Implementation Plan. 

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

Trigger Date. 

New Source Set-aside means a pool of allowances that are available for allocation to new 

sources in accordance with the provisions of Section C1.3 of the SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

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

WEB source, and includes but is not be limited to any holding company, utility system or plant 

manager. 

Potential to emit means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity 

of a source to emit an air pollutant, including air pollution control equipment and restrictions on 

hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its design if the limitation is enforceable by the EPA Administrator. 

Program trigger date means the date that [state or tribe] determines that the WEB Trading 

Program has been triggered in accordance with the provisions of Section A2 of the SO2 

Milestones and Backstop Trading Program Implementation Plan.

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

Backstop Trading Program Implementation Plan for the applicable milestone if the WEB 

Trading Program is triggered as described in Section A of the SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

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4

Renewable Energy Resource means a resource that generates electricity by non-nuclear and 

non-fossil technologies that results in low or no air emissions. The term includes electricity 

generated by wind energy technologies; solar photovoltaic and solar thermal technologies; 

geothermal technologies; technologies based on landfill gas and biomass sources, and new lowimpact hydropower that meets the Low-Impact Hydropower Institute criteria. Biomass includes 

agricultural, food and wood wastes. The term does not include pumped storage or biomass from 

municipal solid waste, black liquor, or treated wood. 

Retired source means a WEB source that has received a retired source exemption as provided in 

Section D3 of this Rule. Any retired source resuming operations under D3(d) of this Rule, must 

submit its exemption as part of its registration materials. 

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

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

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

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

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

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

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

Postal Service postmark, or equivalent electronic time stamp, shall establish the date of 

submittal. 

Ton means 2000 pounds and, for any control period, any fraction of a ton equaling 1000 pounds 

or more shall be treated as one ton and any fraction of a ton equaling less than 1000 pounds shall 

be treated as zero tons. 

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

administrator of the Allowance Tracking System and the emission tracking database. 

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

this Rule. 

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

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

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

reduced.

C. WEB Trading Program Trigger 

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

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

Trading Program Implementation Plan.

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5

2. Section M of this Rule, Special Penalty Provisions for Year 2018, shall become effective on 

January 1, 2018 and shall remain effective until the provisions of section M have been fully 

implemented. 

D. WEB Trading Program Applicability 

1. General Applicability 

This Rule applies to any stationary source or group of stationary sources that are located on one 

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

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

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

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

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

same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial 

Classification Manual, 1987. 

The following are WEB sources: 

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

to SO2 emissions. 

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

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

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

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

categories of stationary source: 

(i) Coal cleaning plants (with thermal dryers); 

(ii) Kraft pulp mills; 

(iii) Portland cement plants; 

(iv) Primary zinc smelters; 

(v) Iron and steel mills; 

(vi) Primary aluminum ore reduction plants; 

(vii) Primary copper smelters; 

(viii) Municipal incinerators capable of charging more than 250 tons of refuse per 

day; 

(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

(x) Petroleum refineries; 

(xi) Lime plants; 

(xii) Phosphate rock processing plants; 

(xiii) Coke oven batteries; 

(xiv) Sulfur recovery plants; 

(xv) Carbon black plants (furnace process); 

(xvi) Primary lead smelters; 

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6

(xvii) Fuel conversion plants; 

(xviii) Sintering plants; 

(xix) Secondary metal production plants; 

(xx) Chemical process plants; 

(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million 

British thermal units per hour heat input; 

(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 

300,000 barrels; 

(xxiii) Taconite ore processing plants; 

(xxiv) Glass fiber processing plants; 

(xxv) Charcoal production plants; 

(xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; or 

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

regulated under Section 111 or 112 of the Act. 

 

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

potential to emit 100 tons or more of SO2 per year. 

 

(d) [State or tribe] may determine on a case-by-case basis, with concurrence from the 

EPA Administrator, that a source defined in D1(b) is not a WEB source if the source: 

(1) In each of the previous five years had actual SO2 emissions of less than 100 

tons per year, and 

(2) Had actual SO2 emissions of 100 tons or more in a single year due to a 

temporary emission increase that was caused by a sudden, infrequent and not 

reasonably preventable failure of air pollution control equipment, failure of 

process equipment, or a failure toprocess to operate in a normal or usual manner;

and that the source 

(3)Ttook timely and reasonable action to minimize the temporary emission 

increase. A temporary emission increase due to poor maintenance or careless 

operation does not meet the criteria of this section; and 

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

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

section; or 

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

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

fuels or feedstocks. 

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

does not meet the criteria of this section.

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7

2. Duration of Program Participation 

Except as provided for in Section D3 of this Rule, once a source is subject to the WEB Trading 

Program, it will remain in the program every year thereafter. 

3. Retired Source Exemption 

(a) Application 

Any WEB that is retired shall apply for a retired source exemption. The WEB source may 

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

application shall contain the following information: 

(1) Identification of the WEB source, including plant name andan appropriate 

identification code in a format specified by the [state or tribe]. 

 

(2) Name of Account Representative. 

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

source was retired. 

(4) Signed certification that the WEB source is . retired and will comply with the 

requirements of Section D3 of this Rule. 

 

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

allowances or future allocations will be recorded. 

(b) Notice 

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

that the retired source exemption has been granted. [For example, state or tribe could 

include a provision requiring the permitting authority to notify the source.] 

(c) Responsibilities of Retired Sources: 

(1) A retired source shall be exempt from Sections I and L of this Rule, except as 

provided below. 

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

exemption is effective. 

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

this Rule for any time period the source was operating prior to the effective date 

of the retired source exemption. The retired source shall be subject to the 

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

<92>
8

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

prior to the date the source was permanently retired. 

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

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

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

this Rule. 

(d) Resumption of Operations 

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

submit registration materials as follows: 

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

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

resuming operation, then registration information as described in Section 

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

submitted with the application required under [refer to applicable 

permitting Rules]; 

(ii) If the source is not required to obtain a new source review permit or 

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

resuming operation, then registration information as described in Section 

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

submitted to [state or tribe] at least ninety days prior to resumption of 

operation. 

(2) The retired source exemption shall automatically expire on the day the source 

resumes operation. 

(e) Loss of Future Allowances 

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

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

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

System Administrator.

Note: This is not intended to be a punitive action, but a method to correct the number of 

allowances being tracked by the state. [State or tribe] will need to establish due process 

procedures for forfeiting these “abandoned” allowances in a manner that is consistent 

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

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

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

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

because the deadline was missed.

 

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9

E. Account Representative for WEB Sources 

Each WEB source must identify one Account Representative and may also identify an alternate 

Account Representative who may act on behalf of the Account Representative. Any 

representation, action, inaction or submission by the alternate Account Representative will be 

deemed to be a representation, action, inaction or submission by the Account Representative. 

1. Identification and Certification of an Account Representative. 

(a) The Account Representative and any Alternate Account Representative shall be 

appointed by an agreement that makes the representations, actions, inactions or 

submissions of the Account Representative and any alternate binding on the owners and 

operators of the WEB source. 

(b) The Account Representative shall submit to [state or tribe] and the Tracking System 

Administrator a signed and dated Account Certificate of Representation (Certificate) that 

contains the following elements: 

(1) Identification of the WEB source by plant name, state and an appropriate 

identification code in a format specified by the [state or tribe]; 

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

the Account Representative and any alternate; 

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

(4) Information to be part of the emission tracking system database in accordance 

with the Implementation Plan. The specific data elements shall be as specified by 

the [state or tribe] to be consistent with the data system structure, and may include 

basic facility information that may appear in other reports and notices submitted 

by the WEB source, such as county location, industrial classification codes, and 

similar general facility information. 

(5) The following certification statement: 

“I certify that I was selected as the Account Representative or alternate 

Account Representative, as applicable, by an agreement binding on the 

owners and operators of the WEB source. I certify that I have all the 

necessary authority to carry out my duties and responsibilities under the 

WEB Trading Program on behalf of the owners and operators of the 

WEB source and that each such owner and operator shall be fully bound 

by my representations, actions, inactions, or submissions and by any 

decision or order issued to me by the [state or tribe] regarding the WEB 

Trading Program.”

(c) Upon receipt by the [state or tribe] of the complete Certificate, the Account 

Representative and any alternate Account Representative represents and, by his or her 

<94>
10

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

of the WEB source in all matters pertaining to the WEB Trading Program. The owners 

and operators shall be bound by any decision or order issued by [state or tribe] regarding 

the WEB Trading Program. 

(d) No WEB Allowance Tracking System account shall be established for the WEB source 

until the Tracking System Administrator has received a complete Certificate. Once the 

account is established, the Account Representative shall make all submissions concerning 

the account, including the deduction or transfer of allowances. 

2. Requirements and Responsibilities 

(a) The responsibilities of the Account Representative include, but are not limited to, the 

transferring of allowances, and the submission of monitoring plans, registrations, 

certification applications, SO2 emissions data and compliance reports as required by this 

Rule, and representing the source in all matters pertaining to the WEB Trading Program. 

(b) Each submission under this program shall be signed and certified by the Account 

Representative for the WEB source. Each submission shall include the following truth 

and accuracy certification statement by the Account Representative: 

“I am authorized to make this submission on behalf of the owners and operators 

of the WEB source for which the submission is made. I certify under penalty of 

law that I have personally examined, and am familiar with, the statements and 

information submitted in this document and all its attachments Based on my 

inquiry of those individuals with primary responsibility for obtaining the 

information, I certify that the statements and information are to the best of my 

knowledge and belief true, accurate, and complete. I am aware that there are 

significant penalties for submitting false statements and information or omitting 

required statements and information, including the possibility of fine or 

imprisonment.” 

3. Changing the Account Representative or Owners and Operators 

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

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

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

System Administrator under Section E1(c) of this Rule, with the change taking effect 

upon receipt of such Certificate by the [state or tribe]. Notwithstanding any such change, 

all representations, actions, inactions, and submissions by the previous Account 

Representative or alternate prior to the time and date when the Tracking System 

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

Representative and the owners and operators of the WEB source. 

(b) Changes in Owners and Operators 

 

<95>
11

(1) Within thirty days of any change in the owners and operators of the WEB source, 

including the addition of a new owner or operator, the Account Representative shall 

submit a revised Certificate amending the list of owners and operators to include such 

change. 

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

owners and operators submitted in the Certificate, such new owner or operator shall 

be deemed to be subject to and bound by the Certificate, the representations, actions, 

inactions, and submissions of the Account Representative of the WEB source, and the 

decisions, orders, actions, and inactions of [state or tribe] as if the new owner or 

operator were included in such list. 

F. Registration

1. Deadlines 

(a) Each source that is a WEB source on or before the Program Trigger Date shall register 

by submitting the initial Certificate required in Section E1 of this Rule to the [state or 

tribe] no later than 180 days after the Program Trigger Date. 

(b) Any existing source that becomes a WEB source after the Program Trigger Date shall 

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

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

source exceeded the emission threshold. 

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

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

2. Integration into Permits 

 

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

of a WEB source shall not require revision of the WEB source’s operating permit. 

(b) Any WEB source that is not required to have a permit under [state or tribe’s New 

Source Review Rule] at any time after this Rule becomes effective must at all times 

possess a permit that includes the requirements of [state or tribe’s market trading rule]. If 

it does not possess a Title V permit under [state or tribe’s Title V rule], it may do so by 

obtaining or modifying a permit under [state or tribe’s New Source Review Rule] to 

incorporate the requirements of [state or tribe’s market trading rule]. The source must at 

all times possess a permit that includes these requirements. 

G. Allowance Allocations 

 

1. The Tracking System Administrator will record the allowances for each WEB source in the 

compliance account for a WEB source once the allowances are allocated by the [state or tribe] 

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

<96>
12

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

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

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

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

accordance with Section C2 of the SO2 Milestones and Backstop Trading Program 

Implementation Plan. 

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

determine the number of whole allowances, the number of allowances shall be rounded down for 

decimals less than 0.50 and rounded up for decimals of 0.50 or greater. 

4. An allowance is not a property right, and is a limited authorization to emit one ton of SO2 valid 

only for the purpose of meeting the requirements of this Rule. No provision of this WEB Trading 

Program or other law should be construed to limit the authority of the United States or [state or 

tribe] to terminate or limit such authorization. 

5. Early Reduction Bonus Allocation. 

Any WEB source that reduces permitted annual SO2 emissions to a level that is below the floor 

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

Trading Program Implementation Plan between 2003 and the program trigger year may apply to 

[state or tribe] for an early reduction bonus allocation. The application must be submitted no later 

than ninety days after the Program Trigger Date. Any WEB source that applies and receives 

early reduction bonus allocations must retain the records referenced below for a minimum of five 

years after the early reduction bonus allowance is certified in accordance with Section C1.3 

1(a)(3) of the Implementation Plan. 

The application for an early reduction bonus allocation must contain the following information: 

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

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

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

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

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

Part 75 equipment monitoring.

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

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

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

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

Program Implementation Plan.

 

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

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

<97>
13

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

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

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

included in the application. 

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

(a) A new WEB source or an existing WEB source that has increased production capacity 

through a permitted change in operations [refer to state or tribal NSR Rules] may apply to 

[state or tribe] for an allocation from the new source set-aside, as outlined in Section C1.3 

of the Implementation Plan. 

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

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

commenced operation. 

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

the permitted annual SO2 emission limit for that source that is attributable to any 

amount of production capacity that is greater than the permitted production 

capacity for that source as of January 1, 2003. 

(3) A source that has received a retired source exemption under Section D3 of this 

Rule is not eligible to apply for an allocation from the new source set-aside. 

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

following information: 

(1) Demonstration that shows the permitted production capacity of the source 

before and after the new permit; 

(2) For new WEB sources, documentation of the actual date of the 

commencement of operation and a copy of the permit. 

H. Establishment of Accounts 

1. Allowance Tracking System Accounts 

All WEB sources are required to open a compliance account. Any person may open a general 

account for holding and transferring allowances. To open either type of account, an application 

that contains the following information shall be submitted: 

(a) The name, mailing address, e-mail address, telephone number, facsimile number of 

the Account Representative. For a compliance account, include a copy of the Account 

Certificate of Representation of the Account Representative and any alternate as required 

in Section E1(b) of this Rule. For a general account, include the Account Certificate of 

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Representation of the Account Representative and any alternate as required in Section 

H3(b) of the Rule. 

 

 (b) The WEB source or organization name; 

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

(d) A signed certification of truth and accuracy by the Account Representative according 

to Section E2(b) of this Rule for compliance accounts and for general accounts, 

certification of truth and accuracy by the Account Representative according to Section 

H4 of this Rule. 

2. Account Representative for General Accounts 

For a general account, one Account Representative must be identified and an alternate Account 

Representative may be identified and may act on behalf of the Account Representative. Any 

representation, action, inaction or submission by the alternate Account Representative will be 

deemed to be a representation, action, inaction or submission by the Account Representative. 

3. Identification and Certification of an Account Representative for General Accounts 

(a) The Account Representative shall be appointed by an agreement that makes the 

representations, actions, inactions or submissions of the Account Representative binding 

on all persons who have an ownership interest with respect to allowances held in the 

general account. 

(b) The Account Representative shall submit to [state or tribe] and the Tracking System 

Administrator a signed and dated Account Certificate of Representation (Certificate) that 

contains the following elements: 

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

the Account Representative and any alternate; 

(2) The organization name; 

(3) The following certification statement: 

“I certify that I was selected as the Account Representative or 

alternate Account Representative, as applicable, by an agreement 

binding on all persons who have an ownership interest in 

allowances in the general account with regard to matters 

concerning the general account. I certify that I have all the 

necessary authority to carry out my duties and responsibilities 

under the WEB Trading Program on behalf of said persons and 

that each such person shall be fully bound by my representations, 

actions, inactions, or submissions and by any decision or order 

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15

issued to me by the [state or tribe] regarding the general 

account.” 

(c) Upon receipt by the [state or tribe] of the complete Certificate, the Account 

Representative represents and, by his or her representations, actions, inactions, or 

submissions, legally binds each person who has an ownership interest in allowances held in 

the general account with regard in all matters concerning the general account. Such persons 

shall be bound by any decision or order issued by [state or tribe] 

(d) No WEB Allowance Tracking System general account shall be established until the 

Tracking System Administrator has received a complete Certificate. Once the account is 

established, the Account Representative shall make all submissions concerning the account, 

including the deduction or transfer of allowances. 

4. Requirements and Responsibilities 

Each submission for the general account shall be signed and certified by the Account 

Representative for the general account. Each submission shall include the following truth and 

accuracy certification statement by the Account Representative: 

“I am authorized to make this submission on behalf of all person 

who have an ownership interest in allowances held in the general 

account. I certify under penalty of law that I have personally 

examined, and am familiar with, the statements and information 

submitted in this document and all its attachments. Based on my 

inquiry of those individuals with primary responsibility for 

obtaining the information, I certify that the statements and 

information are to the best of my knowledge and belief true, 

accurate, and complete. I am aware that there are significant 

penalties for submitting false statements and information or 

omitting required statements and information, including the 

possibility of fine or imprisonment.” 

5. Changing the Account Representative 

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

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

Administrator under section H3(b) of this rule, with the change taking effect upon receipt of such 

Certificate by the [state or tribe]. Notwithstanding any such change, all representations, actions, 

inactions, and submissions by the previous Account Representative or alternate prior to the time 

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

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

in the general account. 

6. Changes to the Account 

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

this Rule shall require a revision of the application.

I. Monitoring, Recordkeeping and Reporting 

1. General Requirements 

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

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

(1) If a unit is subject to 40 CFR Part 75 under a requirement separate from the 

WEB Trading Program, the unit shall meet the requirements contained in Part 75 

with respect to monitoring, recording and reporting SO2 mass emissions. [as 

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

(2) If a unit is not subject to 40 CFR Part 75 under a requirement separate from 

the WEB Trading Program, a unit shall use one of the following monitoring 

methods, as applicable: 

(A) A continuous emission monitoring system (CEMS) for SO2 and flow 

that complies with all applicable monitoring provisions in 40 CFR Part 75; 

(B) If the unit is a gas- or oil-fired combustion device, the excepted 

monitoring methodology in Appendix D to 40 CFR Part 75, or, if 

applicable, the low mass emissions (LME) provisions (with respect to SO2

mass emissions only) of section 75.19 of 40 CFR Part 75; 

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

this Rule; or 

(D) A petition for site-specific monitoring that the source submits for 

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

Protection Agency in accordance with Section I8(e) of this Rule (relating 

to petitions). 

(3) A permanently retired unit shall not be required to monitor under this Section 

if such unit was permanently retired and had no emissions for the entire period for 

which the WEB source implements this paragraph (3) and the Account 

Representative certifies in accordance with Section L2 of this Rule that these 

conditions were met. 

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

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

paragraph (b) apply to that unit. 

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

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(A) Any smelting operation where all of the emissions from the operation 

are not ducted to a stack; or 

(B) Any flare, except to the extent such flares are used as a fuel gas 

combustion device at a petroleum refinery. 

 (C) Any other type of unit without add-on SO2 control equipment, if no 

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

level (and reducible allocation) provided in Section C1 of the 

Implementation Plan. 

(2) For each unit covered by this paragraph (b), the Account Representative shall 

submit a notice to request that this paragraph (b) apply to one or more SO2

emitting units at a WEB source. The notice shall be submitted in accordance with 

the compliance dates specified in Section I6(a) of this Rule, and shall include the 

following information (in a format specified by [state or tribe] with such 

additional, related information as may be requested): 

(A) A notice of all units at the applicable source, specifying which of the 

units are to be covered by this paragraph (b); 

(B) Consistent with the emission estimation methodology used to 

determine the floor level (and reducible allocation) for the source in 

accordance with Section C1 of the Implementation Plan, the portion of the 

WEB source's overall allowance allocation that is attributable to any 

unit(s) covered by this paragraph; and 

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

 (3) For each new unit at an existing WEB source for which the owner or operator 

seeks to comply with this paragraph (b) and for which the Account Representative 

applies for an allocation under the new source set-aside provisions of Section G6 

of this Rule, the Account Representative shall submit a modified notice under 

paragraph (b)(2) that includes such new SO2 emitting unit(s). The modified notice 

shall be submitted in accordance with the compliance dates in Section I6(a) of this 

Rule, but no later than the date on which a request is submitted under Section G6 

of this Rule for allocations from the set-aside. 

(4) [State or tribe] shall evaluate the information submitted by the WEB source in 

paragraphs (b)(2) and (b)(3), and may issue a notice to the source to exclude any 

units that do not qualify under this paragraph (b) or to adjust the portion of 

allowances attributable to units that do qualify to be consistent with the emission 

estimation methodology used to establish the floor level (and reducible allocation) 

for the source. Any such notice shall be provided within 180 days after the date on 

which the notice from the WEB source was received. 

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

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

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

source's allocation will be required for any unit that is permanently retired. 

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

emissions statement for each unit under this paragraph (b). The WEB source shall 

maintain operating records sufficient to estimate annual emissions in a manner 

consistent with the emission estimation methodology used to establish the floor 

level (and reducible allocation) for the source. [State or tribe] will retire the 

allowances held under paragraph (b)(5) to account for the emissions from such 

units. In addition, if the estimated emissions from all such units at the WEB 

source are greater than the allowances held under paragraph (b)(5) for the WEB 

source, the Account Representative will report the excess amount as part of the 

cumulative annual emissions report for the WEB source and be required to use 

other allowances in the compliance account for the WEB source to account for 

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

(7) The remaining provisions of this Section I shall not apply to units covered by 

this paragraph except where otherwise noted. 

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

use monitoring under Section I1(a) of this Rule, but any such monitoring change 

must take effect on January 1 of the next compliance year. In addition, the 

Account Representative must submit an initial monitoring plan at least 180 days 

prior to the date on which the new monitoring will take effect and a detailed 

monitoring plan in accordance with Section I2 of this Rule. The Account 

Representative shall also submit a revised notice under paragraph (b)(2) at the 

same time that the initial monitoring plan is submitted. 

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

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

Representative) shall implement, certify, and use such method in accordance with this 

Section, and record and report the data from such method as required in this Section. In 

addition, the owner or operator (and, as applicable, the Account Representative) may not: 

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

alternative for the required monitoring method without having obtained prior 

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

petitions); 

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

SO2 emissions to the atmosphere without accounting for these emissions in 

accordance with the applicable provisions of this Section; 

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

avoid monitoring and recording SO2 mass emissions discharged into the 

atmosphere, except for periods of recertification or periods when calibration, 

quality assurance testing or maintenance is performed in accordance with the 

applicable provisions of this Section; or 

(4) Retire or permanently discontinue use of an approved monitoring method, 

except under one of the following circumstances: 

 

 (A) During a period when the unit is exempt from the requirements of this 

Section, including retirement of a unit as addressed in Section I1(a)(3); 

(B) The owner or operator is monitoring emissions from the unit with 

another certified monitoring method approved under this Section for use at 

the unit that provides data for the same parameter as the retired or 

discontinued monitoring method; or 

(C) The Account Representative submits notification of the date of 

certification testing of a replacement monitoring system in accordance 

with this Section, and the owner or operator recertifies thereafter a 

replacement monitoring system in accordance with the applicable 

provisions of this Section. 

 2. Monitoring Plan 

(a) General Provisions. The owner or operator of an SO2 emitting unit that uses a 

monitoring method under Section I1(a)(2) of this Rule shall meet the following 

requirements: 

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

monitoring method that the owner or operator uses to comply with this Section. 

In accordance with paragraph I2(c) of this Rule, the plan shall contain sufficient 

information on the units involved, the applicable method, and the use of data 

derived from that method to demonstrate that all unit SO2 emissions are 

monitored and reported. The plan shall be submitted in accordance with the 

compliance dates specified in Section I5 of this Rule. 

(2) Prepare, maintain and submit to [state or tribe] a detailed monitoring plan at 

least 45 days prior to the first day of certification testing. The plan will contain 

the applicable information required by paragraph I2(d) of this Rule. [State or 

tribe] may require that the monitoring plan (or portions thereof) be submitted 

electronically. The [state or tribe] also may require that the plan be submitted on 

an ongoing basis in electronic format as part of the quarterly report submitted 

under Section I8(a) of this Rule or resubmitted separately within 30 days after any 

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

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(3) Whenever the owner or operator makes a replacement, modification, or 

change in one of the systems or methodologies provided for in Section I1(a)(2), 

including a change in the automated data acquisition and handling system or in 

the flue gas handling system, that affects information reported in the monitoring 

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

then the owner or operator shall update the monitoring plan. 

(b) The owner or operator of an SO2 emitting unit that uses a method under Section 

I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a program other than this 

WEB Trading Program) shall meet the requirements of Section I2(a)-(f) by preparing, 

maintaining and submitting a monitoring plan in accordance with the requirements of 40 

CFR Part 75, provided that the owner or operator also shall submit the entire monitoring 

plan to [state or tribe] upon request. 

(c) Initial Monitoring Plan. The Account Representative shall submit an initial 

monitoring plan for each SO2 emitting unit (or group of units sharing a common 

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

A, contains the following information: 

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

(A) Plant name and location; 

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

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

methodology); 

 

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

plan; 

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

the SO2 emitting unit), and the fuel classification of the unit if combusting 

more than one type of fuel and using a 40 CFR Part 75 methodology; 

(F) Type(s) of emissions controls for SO2 installed or to be installed, 

including specifications of whether such controls are pre-combustion, 

post-combustion, or integral to the combustion process; 

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

if applicable; 

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

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

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(2) For each unit and parameter required to be monitored, identification of 

monitoring methodology information, consisting of monitoring methodology, 

monitor locations, substitute data approach for the methodology, and general 

identification of quality assurance procedures. If the proposed methodology is a 

site-specific methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, 

the description under this paragraph shall describe fully all aspects of the 

monitoring equipment, installation locations, operating characteristics, 

certification testing, ongoing quality assurance and maintenance procedures, and 

substitute data procedures. 

(3) If the WEB source intends to petition for a change to any specific monitoring 

requirement otherwise required under this Section, such petition may be 

submitted as part of the initial monitoring plan. 

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

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

requirements for monitoring in this Section. Except for any petition contained in 

the initial monitoring plan, if such notice is not issued within 180 days after the 

date on which [state or tribe] received the initial monitoring plan, the plan shall be 

deemed approved. 

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

monitoring plan that, except as otherwise specified in an applicable provision in 

Appendix A, shall contain the following information: 

(1) Identification and description of each monitoring component (including each 

monitor and its identifiable components, such as analyzer and/or probe) in a 

CEMS (e.g., SO2 pollutant concentration monitor, flow monitor, moisture 

monitor), a 40 CFR Part 75, Appendix D monitoring system (e.g., fuel flowmeter, 

data acquisition and handling system), or a protocol in Appendix A, including: 

(A) Manufacturer, model number and serial number; 

 

(B) Component/system identification code assigned by the facility to each 

identifiable monitoring component, such as the analyzer and/or probe; 

(C) Designation of the component type and method of sample acquisition 

or operation (e.g., in situ pollutant concentration monitor or thermal flow 

monitor); 

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

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

(F) Status of the monitoring component; and 

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(G) Parameter monitored. 

(2) Identification and description of all major hardware and software components 

of the automated data acquisition and handling system, including: 

(A) Hardware components that perform emission calculations or store data 

for quarterly reporting purposes (provide the manufacturer and model 

number); and 

(B) Software components (provide the identification of the provider and 

model/version number). 

(3) Explicit formulas for each measured emissions parameter, using 

component/system identification codes for the monitoring system used to measure 

the parameter that links the system observations with the reported concentrations 

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

to derive mass emissions from component/system code observations and an 

indication of whether the formula is being added, corrected, deleted, or is 

unchanged. The owner or operator of a low mass emissions unit for which the 

owner or operator is using the optional low mass emissions excepted 

methodology in section 75.19(c) of 40 CFR Part 75 is not required to report such 

formulas. 

(4) Inside cross-sectional area (ft2

) at flow monitoring location (for units with 

flow monitors, only). 

(5) If using CEMS for SO2 and flow, for each parameter monitored: scale, 

maximum potential concentration (and method of calculation), maximum 

expected concentration (if applicable) (and method of calculation), maximum 

potential flow rate (and method of calculations), span value, full-scale range, daily 

calibration units of measure, span effective date/hour, span inactivation date/hour, 

indication of whether dual spans are required, default high range value, flow rate 

span, and flow rate span value and full scale value (in scfh) for each unit or stack 

using SO2 or flow component monitors. 

(6) If the monitoring system or excepted methodology provides for use of a 

constant, assumed, or default value for a parameter under specific circumstances, 

then include the following information for each value of such parameter: 

(A) Identification of the parameter; 

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

for the value; 

(C) Purpose of the value; 

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

(E) Types of fuel; 

(F) Source of the value; 

(G) Value effective date and hour; 

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

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

CFR Part 75, the applicable SO2 emission factor. 

(7) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 CFR Part 

75, for each unit or common stack on which hardware CEMS are installed: 

(A) The upper and lower boundaries of the range of operation (as defined 

in section 6.5.2.1 of Appendix A to 40 CFR Part 75), or thousand of lb/hr 

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

(B) The load or operating level(s) designated as normal in section 6.5.2.1 

of Appendix A to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec 

(as applicable); 

(C) The two load or operating levels (i.e., low, mid, or high) identified in 

section 6.5.2.1 of Appendix A to 40 CFR Part 75 as the most frequently 

used; 

(D) The date of the data analysis used to determine the normal load (or 

operating) level(s) and the two most frequently-used load (or operating) 

levels; and 

 

(E) Activation and deactivation dates when the normal load or operating 

level(s) change and are updated. 

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

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

(A) The upper and lower boundaries of the range of operation (as defined 

in section 6.5.2.1 of Appendix A to 40 CFR Part 75), expressed in 

thousand of lb/hr of steam; 

(B) The load level designated as normal, pursuant to section 6.5.2.1 of 

Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; 

and 

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

(9) Information related to quality assurance testing, including (as applicable): 

identification of the test strategy; protocol for the relative accuracy test audit; 

other relevant test information; calibration gas levels (percent of span) for the 

calibration error test and linearity check; calculations for determining maximum 

potential concentration, maximum expected concentration (if applicable), 

maximum potential flow rate, and span; 

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

40 CFR Part 75. 

 (11) Description of site locations for each monitoring component in a monitoring 

system, including schematic diagrams and engineering drawings and any other 

documentation that demonstrates each monitor location meets the appropriate 

siting criteria. For units monitored by a continuous emission monitoring system, 

diagrams shall include: 

(A) A schematic diagram identifying entire gas handling system from unit 

to stack for all units, using identification numbers for units, monitor 

components, and stacks corresponding to the identification numbers 

provided in the initial monitoring plan and paragraphs (d)(1) and (3). The 

schematic diagram must depict the height of any monitor locations. 

Comprehensive and/or separate schematic diagrams shall be used to 

describe groups of units using a common stack. 

(B) Stack and duct engineering diagrams showing the dimensions and 

locations of fans, turning vanes, air preheaters, monitor components, 

probes, reference method sampling ports, and other equipment that affects 

the monitoring system location, performance, or quality control checks. 

(12) A data flow diagram denoting the complete information handling path from 

output signals of CEMS components to final reports. 

(e) In addition to supplying the information in paragraphs (c) and (d) above, the owner or 

operator of an SO2 emitting unit using either of the methodologies in paragraph 

I.1(a)(2)(B) of this Section shall include the following information in its monitoring plan 

for the specific situations described: 

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

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

emissions, the Account Representative shall include the following information in 

the monitoring plan: 

(A) Parameter monitored; 

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(B) Type of fuel measured, maximum fuel flow rate, units of measure, and 

basis of maximum fuel flow rate (i.e., upper range value or unit 

maximum) for each fuel flowmeter; 

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

(D) Submission status of the data; 

(E) Monitoring system identification code; 

(F) The method used to demonstrate that the unit qualifies for monthly 

GCV sampling or for daily or annual fuel sampling for sulfur content, as 

applicable; 

(G) A schematic diagram identifying the relationship between the unit, all 

fuel supply lines, the fuel flowmeter(s), and the stack(s). The schematic 

diagram must depict the installation location of each fuel flowmeter and 

the fuel sampling location(s). Comprehensive and/or separate schematic 

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

(H) For units using the optional default SO2 emission rate for "pipeline 

natural gas" or "natural gas" in appendix D to 40 CFR Part 75, the 

information on the sulfur content of the gaseous fuel used to demonstrate 

compliance with either section 2.3.1.4 or 2.3.2.4 of appendix D to 40 CFR 

Part 75; 

(I) For units using the 720 hour test under section 2.3.6 of appendix D to 

40 CFR Part 75 to determine the required sulfur sampling requirements, 

report the procedures and results of the test; and 

(J) For units using the 720 hour test under section 2.3.5 of appendix D to 

40 CFR Part 75 to determine the appropriate fuel GCV sampling 

frequency, report the procedures used and the results of the test. 

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

emission excepted methodology of section 75.19 to 40 CFR Part 75, the 

designated representative shall include the following information in the 

monitoring plan that accompanies the initial certification application: 

(A) The results of the analysis performed to qualify as a low mass 

emissions unit under section 75.19(c) to 40 CFR Part 75. This report will 

include either the previous three years actual or projected emissions. The 

following items should be included: 

(i) Current calendar year of application; 

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(ii) Type of qualification; 

(iii) Years one, two, and three; 

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

for years one, two, and three; and 

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

(B) A schematic diagram identifying the relationship between the unit, all 

fuel supply lines and tanks, any fuel flowmeter(s), and the stack(s). 

Comprehensive and/or separate schematic diagrams shall be used to 

describe groups of units using a common pipe; 

(C) For units which use the long term fuel flow methodology under 

section 75.19(c)(3) to 40 CFR Part 75, a diagram of the fuel flow to each 

unit or group of units and a detailed description of the procedures used to 

determine the long term fuel flow for a unit or group of units for each fuel 

combusted by the unit or group of units; 

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

a list of the fuels that are burned or a statement that the unit is projected to 

burn only gaseous fuel(s) and/or fuel oil and a list of the fuels that are 

projected to be burned; 

(E) A statement that the unit meets the applicability requirements in 

sections 75.19(a) and (b) to 40 CFR Part 75 with respect to SO2 emissions; 

and 

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

and calculated SO2 emissions data demonstrating that the unit qualifies as 

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

75. 

(3) For each gas-fired unit the Account Representative shall include the following 

in the monitoring plan: current calendar year, fuel usage data as specified in the 

definition of gas-fired in section 72.2 of 40 CFR Part 72, and an indication of 

whether the data are actual or projected data. 

(f) An operating permit for a WEB source issued in accordance with Title V of the Clean 

Air Act shall require a source to maintain a detailed monitoring plan in accordance with 

this Part, but the specific elements of the plan shall not be part of the permit, and 

modifications to the elements of the plan shall not require a permit modification. 

3. Certification/Recertification 

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(a) All monitoring systems are subject to initial certification and recertification testing as 

specified in 40 CFR Part 75 or Appendix A to this Rule, as applicable. Certification or 

recertification of a monitoring system by the U.S. Environmental Protection Agency for a 

WEB source that is subject to 40 CFR Part 75 under a requirement separate from this 

Rule shall constitute certification under the WEB Trading Program. 

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

75 that monitors SO2 mass emissions in accordance with 40 CFR Part 75 to satisfy the 

requirements of this Section shall perform all of the tests required by that regulation and 

shall submit the following: 

(1) A test notice, not later than 21 days before the certification testing of the 

monitoring system, provided that [state or tribe] may establish additional 

requirements for adjusting test dates after this notice as part of the approval of the 

initial monitoring plan under paragraph I2(c) of this Rule; and 

(2) An initial certification application within 45 days after testing is complete. A 

monitoring system will be considered provisionally certified while the application 

is pending, and the system shall be deemed certified if [state or tribe] does not 

approve or disapprove the system within six months after the date on which the 

application is submitted. 

 

4. Ongoing Quality Assurance and Quality Control 

The WEB source shall satisfy the applicable quality assurance and quality control 

requirements of Part 75 or, if the WEB source is subject to a WEB protocol in Appendix 

A, the applicable quality assurance and quality control requirements in Appendix A on 

and after the date that certification testing commences. 

5. Substitute Data Procedures 

(a) For any period after certification testing is complete in which valid data are not being 

recorded by a monitoring system specified in this Rule, missing or invalid data shall be 

replaced with substitute data in accordance with 40 CFR Part 75 or, if the WEB source is 

subject to a WEB protocol in Appendix A, with substitute data in accordance with 

Appendix A. 

(b) For an SO2 emitting unit that does not have a certified (or provisionally certified) 

monitoring system in place as of the beginning of the first control period for which the 

unit is subject to the WEB Trading Program, the owner or operator shall: 

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

substitute the maximum potential concentration of SO2 for the unit and the 

maximum potential flow rate, as determined in accordance with 40 CFR Part 75. 

The procedures for conditional data validation under section 75.20(b)(3) may be 

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used for any monitoring system under this Rule that uses these 40 CFR Part 75 

procedures, as applicable; 

(2) If the owner or operator will use the 40 CFR Part 75 Appendix D 

methodology, substitute the maximum potential sulfur content, density or gross 

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

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

 

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

substitute the SO2 emission factor required for the unit as specified in 40 CFR 

75.19 and the maximum rated hourly heat input, as defined in 40 CFR 72.2; or 

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

applicable protocol. 

6. Compliance Dates 

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

 (1) For each source that is a WEB source on or before the Program Trigger Date, 

the monitoring plan shall be submitted 180 days after such Program Trigger Date. 

(2) For any existing source that becomes a WEB source after the Program Trigger 

Date, the monitoring plan shall be submitted by September 30 of the year 

following the inventory year in which the source exceeded the emissions 

threshold. 

(3) For any new WEB source, the monitoring plan shall be included with the 

permit application for New Source Review. [State or tribe shall modify the 

language as necessary to conform with their new source review rules.] 

(b) Emission monitoring systems shall be installed, operational and shall have met all of 

the certification testing requirements of this Section I (including any referenced in 

Appendix A) by the following dates: 

(1) For each source that is a WEB source on or before the Program Trigger Date, 

two years prior to the start of the first control period as described in Section L of 

this Rule. 

(2) For any existing source that becomes a WEB source after the Program Trigger 

Date, one year after the due date for the monitoring plan under I1(c)(2) of this 

Rule. 

(3) For any new WEB source, the earlier of 90 unit operating days or 180 calendar 

days after the date the new source commences operation. 

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7. Recordkeeping 

(a) Except as provided in Section I7(b), the WEB source shall keep copies of all reports, 

registration materials, compliance certifications, sulfur dioxide emissions data, quality 

assurance data, and other submissions under this Rule for a period of five years. Unless 

otherwise requested by the WEB source and approved by [state or tribe], the copies shall 

be kept on site. 

(b) The WEB source shall keep all Account Certificates of Representation on site at the 

source through the year 2018. 

(c) The WEB source shall keep records of all operating hours, quality assurance 

activities, fuel sampling measurements, hourly averages for SO2, stack flow, fuel flow, or 

other continuous measurements, as applicable, and any other applicable data elements 

specified in this Section or in Appendix A to this Rule. The WEB source shall maintain 

the applicable records specified in 40 CFR Part 75 for any SO2 emitting unit that uses a 

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

8. Reporting 

(a) Quarterly Reports. For each SO2 emitting unit, the Account Representative shall 

submit a quarterly report within thirty days after the end of each calendar quarter. The 

report shall be in a format specified by [state or tribe] and shall be submitted in a manner 

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

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

activity information comparable to quarterly reports under 40 CFR Part 75. If the owner 

or operator submits a quarterly report under 40 CFR Part 75 to the U.S. EPA 

Administrator, no additional report under this paragraph (a) shall be required, provided, 

however, that [state or tribe] may require that a copy of that report (or a separate 

statement of quarterly and cumulative annual SO2 mass emissions) be submitted 

separately to [state or tribe]. 

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

annual statement of total annual SO2 emissions for all SO2 emitting units at the source. 

The annual report shall contain four elements: total emissions for all units monitored in 

accordance with Section I1(a) of this Rule; total emissions for all units with emissions 

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

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

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

and the total number of SO2 tons subject to deduction of allowances from the source's 

compliance account in accordance with Section L of this Rule. The annual report shall be 

submitted within 30 days after the end of a control period. 

(c) [State or tribe] may direct that any monitoring plan, report, 

certification/recertification, or emissions data required to be submitted under this Section 

be submitted to the Tracking System Administrator. 

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(d) [State or tribe] may review and reject any report submitted under this Section I7 that 

contains errors or fails to satisfy the requirements of this Section, and the Account 

Representative shall resubmit the report to correct any deficiencies. 

(e) Petitions. A WEB source may petition for an alternative to any requirement specified 

in Section I1(a)(2). The petition shall require approval of [state or tribe] and the U.S. 

EPA Administrator. Any petition submitted under this paragraph shall include sufficient 

information for the evaluation of the petition, including, at a minimum, the following 

information: 

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

 

(2) A detailed explanation of why the proposed alternative is being suggested in 

lieu of the requirement; 

(3) A description and diagram of any equipment and procedures used in the 

proposed alternative, if applicable; 

(4) A demonstration that the proposed alternative is consistent with the purposes 

of the requirement for which the alternative is proposed and is consistent with the 

purposes of this Rule and that any adverse effect of approving such alternative 

will be de minimis; and 

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

(f) For any monitoring plans, reports, or other information submitted under Section I of 

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

information is consistent with the identifying information provided in the most recent 

certificate of representation for the WEB source submitted under Section E of this Rule. 

J. Allowance Transfers 

1. Procedure 

To transfer allowances, the Account Representative shall submit the following information to the 

Tracking System Administrator: 

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

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

 

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

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

submission. 

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2. Deadline 

The allowance transfer deadline is midnight Pacific Standard Time March 1 of each year (or if 

this date is not a business day, midnight of the first business day thereafter) following the end of 

the control period. By this time, the transfer of the allowances into the WEB source’s compliance 

account must be correctly submitted to the Tracking System Administrator in order to 

demonstrate compliance under Section L1 of the rule for that control period. 

3. Retirement of Allowances 

To transfer allowances for the purpose of retirement, the Account Representative shall submit the 

following information to the Tracking System Administrator: 

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

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

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

accompanied by a signed statement acknowledging that each retired allowance as no 

longer available for future transfers from or to any account. 

K. Use of Allowances from a Previous Year

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

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

or transferred to another account. 

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

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

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

Section C4.2 of the SO2 Milestones and Backstop Trading Program Implementation Plan, then 

the use of allowances that were allocated for any previous year will be limited as follows: 

(a) The number of allowances that are held in each compliance account and general 

account as of the allowance transfer deadline for the immediately previous year and that 

were allocated for any previous year will be determined. 

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

in accordance with Section C7.1C4.2 of the SO2 Milestones and Backstop Trading 

Program Implementation Plan to determine the number of allowances that were allocated 

for a previous year that can be used without restriction for the current control period. 

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(c) Allowances that were allocated for a previous year in excess of the number 

determined in (b) may also be used for the current control period. If such allowances are 

used to make a deduction, two allowances must be deducted for each deduction of one 

allowance required under Section L of this Rule. 

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

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

prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation or 

any future allowance limitation. 

L. Compliance 

1. Compliance with Allowance Limitations

(a) The WEB source must hold allowances, in accordance with Section L1(b) and Section 

K of this Rule, as of the allowance transfer deadline in the WEB source’s compliance 

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

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

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

monitoring and reporting requirements of Section I of this Rule. 

(1) For each source that is a WEB source on or before the Program Trigger Date, 

the first control period is the calendar year that is six years following the calendar 

year for which SO2 emissions exceeded the milestone in accordance with 

procedures in Section A of the SO2 Milestones and Backstop Trading Program 

Implementation Plan. 

(2) For any existing source that becomes a WEB source after the Program Trigger 

Date, the first control period is the calendar year that is four years following the 

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

(3) For any new WEB source after the Program Trigger Date the first control 

period is the first full calendar year that the source is in operation. 

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

procedures in section A4 of the SO2 Milestones and Backstop Trading Program 

implementation plan, the first control period for each source that is a WEB source 

on or before the Program Trigger Date is the year 2018. 

(b) Allowance transfer deadline 

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

(1) the allowance was allocated for the current control period or meets the 

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

control period, and 

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

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

the compliance account by an allowance transfer correctly submitted for recording 

by the allowance transfer deadline for the current control period.

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

following two numbers: 

(1) the monitored SO2 emissions data reported by the source to [state or tribe], in 

accordance with Section I of this Rule, and recorded in the emissions tracking 

database and 

(2) the allowance allocations and transfers recorded in the Allowance Tracking 

System, adjusted in accordance with Section K of this Rule. 

(d) To the extent consistent with Section K of this Rule, allowances shall be deducted for 

a WEB source for compliance with the allowance limitation as directed by the WEB 

source’s Account Representative. Deduction of any other allowances as necessary for 

compliance with the allowance limitation shall be on a first-in, first-out accounting basis 

in the order of the date and time of their recording in the WEB source’s compliance 

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

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

compliance account or general account. The allowances held by the [state or tribe] for 

compliance at a WEB source pursuant to Section I1(b) of this Rule shall be deducted as 

specified in that Section. 

2. Certification of Compliance 

(a) For each control period in which a WEB source is subject to the allowance limitation, 

the Account Representative of the source shall submit to [state or tribe] a Compliance 

Certification report for the source. 

(b) The Compliance Certification report shall be submitted no later than the allowance 

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

(1) Identification of each WEB source; 

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

that are to be deducted from a source’s compliance account for compliance with 

the allowance limitation; and 

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

(c) In the Compliance Certification report, the Account Representative shall certify, 

based on reasonable inquiry of those persons with primary responsibility for 

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

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

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

of the WEB Trading Program applicable to the source including: 

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

limitation; 

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

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

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

Tracking System for recording; 

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

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

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

accordance with Section I1 of this Rule; 

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

monitored or accounted for either through the applicable monitoring or through 

application of the appropriate missing data procedures; 

(5) If applicable, whether any SO2 emitting unit for which the WEB source is not 

required to monitor in accordance with Section I1A(3) of this rule remained 

permanently retired and had no emissions for the entire applicable period; and 

(6) Whether there were any changes in the method of operating or monitoring the 

WEB source that required monitor recertification. If there were any such changes, 

the report must specify the nature, reason, and date of the change, the method to 

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

method to determine SO2 emissions. 

3. Penalties for any WEB source exceeding its allowance limitations 

(a) Allowance deduction penalties 

If emissions from a WEB source exceed the allowance limitation for a control 

period, as determined in accordance with Section L1 of this Rule, the source’s 

allowances held in its compliance account will be reduced by an amount equal to 

two times the source’s tons of excess emissions. If the compliance account does 

not have sufficient allowances allocated for that control period, the required 

number of allowances will be deducted from the WEB source’s compliance 

account regardless of the control period for which they were allocated, once 

allowances are recorded in the account. 

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(2) Any allowance deduction required under this Section shall not affect the 

liability of the owners and operators of the WEB source for any fine, penalty or 

assessment or their obligation to comply with any other remedy, for the same 

violation, as ordered under the Clean Air Act, implementing regulations or 

applicable state or tribal law.. 

(b) Financial penalties 

A financial penalty of $5,000 per ton of SO2 emissions in excess of the WEB source’s 

allowance limitation shall be levied. 

4. Liability 

(a) WEB Source liability for non-compliance 

Separate and regardless of any automatic penalties assessed for allowance deduction 

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

including monitoring record keeping and reporting requirements, is subject to civil and 

criminal penalties under [state or tribe] law and the Clean Air Act. Each day of the 

control period is a separate violation, and each ton of SO2 emissions in excess of a 

source’s allowance limitation is a separate violation. 

 

(b) General liability 

[State or tribe] may or may not be able to adopt the liability provisions. If a state has 

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

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

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

source. 

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

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

federal law. 

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

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

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

M. Special Penalty Provisions for the 2018 Milestone 

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

Backstop Trading Program Implementation Plan, and the first control period will not occur until 

after the year 2018, the following provisions shall apply for the 2018 emissions year. 

(a) All WEB sources shall register, and open a compliance account within 180 days after 

the Program Trigger Date, in accordance with Sections F1 and H of this Rule. 

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(b) The Tracking System Administrator will record the allowances for the 2018 control 

period for each WEB source in the source’s compliance account once [state or tribe] 

allocates the 2018 allowances under Section C1 and D1 of the SO2 Milestones and 

Backstop Trading Program Implementation Plan. 

(c) The allowance transfer deadline is midnight Pacific Standard Time on May 30, 2021. 

WEB sources may transfer allowances as provided in Section J1 of this Rule until the 

allowance transfer deadline. 

(d) A WEB source must hold allowances allocated for 2018 including those transferred 

into the compliance account by an allowance transfer correctly submitted by the 

allowance transfer deadline, in an amount not less than the WEB source’s total SO2

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

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

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

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

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

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

 

2. If the program has been triggered and provision M1 is implemented, the provisions of M3 of 

this Rule shall apply for each year after the 2018 emission year until: 

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

(c) [State or Tribe] determined, in accordance with section A3.10 of the Implementation 

Plan, that the 2018 SO2 milestone has been met. 

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

2018 emissions year: 

(a) The Tracking System Administrator will record the allowances for the control period 

for the specific year for each WEB source in the source’s compliance account once [state 

or tribe] allocates the allowances under Section C1 of the SO2 Milestones and Backstop 

Trading Program Implementation Plan. 

(b) The allowance transfer deadline is midnight Pacific Standard Time on March 1 of 

each year (or if this date is not a business day, midnight of the first business day 

thereafter) following the end of the specific emissions year. WEB sources may transfer 

allowances as provided in Section J1 of this Rule until the allowance transfer deadline. 

(c) A WEB source must hold allowances allocated for that specific emissions year, or any 

year after 2018, including those transferred into the compliance account by an allowance 

transfer correctly submitted by the allowance transfer deadline, in an amount not less than 

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

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

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

tribe emission inventory or equivalent rule]. 

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

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

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

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APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

 

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

1. Applicability 

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

petroleum refineries. 

(b) Fuel gas combustion devices include boilers, process heaters, and flares used to burn 

fuel gas generated at a petroleum refinery. 

(c) Fuel gas means any gas which is generated and combusted at a petroleum refinery. 

Fuel gas does not include: (1) natural gas, unless combined with other gases generated at 

a petroleum refinery, (2) gases generated by a catalytic cracking unit catalyst regenerator, 

(3) gases generated by fluid coking burners, (4) gases combusted to produce sulfur or 

sulfuric acid, or (5) process upset gases generated due to startup, shutdown, or 

malfunctions. 

2. Monitoring Requirements 

(a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel gas combustion 

devices shall use a continuous fuel gas monitoring system (CFGMS) to determine the 

total sulfur content (reported as H2S) of the fuel gas mixture prior to combustion, and 

continuous fuel flow meters to determine the amount of fuel gas burned. 

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

monitored for sulfur content at one location, if monitoring at that location is 

representative of the sulfur content of the fuel gas being burned in any fuel gas 

combustion device. 

(2) The CFGMS shall meet the performance requirements in Performance 

Specification 2 in Appendix B to 40 CFR Part 60, and the following: 

(i) Continuously monitor and record the concentration by volume of total 

sulfur compounds in the gaseous fuel reported as ppmv H2S. 

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

10 and 95% of the range. 

(iii) Record negative values of zero drift. 

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

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(v) Methods 15A, 16, or approved alternatives for total sulfur, are the 

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

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

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

Appendix D to 40 CFR Part 75. 

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

equation: 

 E = (CS)(Qf)(K) 

where: E = SO2 emissions in lbs/hr 

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

 Qf = Fuel gas flow rate (scfh) 

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

 

(b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas combustion devices 

having a common source of fuel gas may be monitored with an SO2 CEMS and flow 

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

the SO2 emission rate (lb SO2/scf fuel gas burned) of all applicable fuel gas combustion 

devices. Continuous fuel flow meters shall be used in accordance with paragraph (b), and 

the fuel gas combustion device monitored by a CEMS shall have separate fuel metering. 

(1) Each CEMS for SO2 and flow shall comply with the operating requirements, 

performance specifications, and quality assurance requirements of 40 CFR Part 

75. 

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

Appendix D to 40 CFR Part 75. 

(3) The SO2 mass emissions for all the fuel gas combustion devices monitored by 

this approach shall be determined by the ratio of the amount of fuel gas burned by 

the CEMS-monitored fuel gas combustion device to the total fuel gas burned by 

all applicable fuel gas combustion devices using the following equation: 

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

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

combustion devices. 

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

combustion device. 

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

devices. 

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

combustion device. 

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(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion devices 

having a common source of fuel gas may be monitored with an SO2 - diluent CEMS at 

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

emission rate (lb SO2/mmBtu) of all applicable fuel gas combustion devices. If this 

option is selected, the owner or operator shall conduct fuel gas sampling and analysis for 

gross calorific value (GCV), and shall use continuous fuel flow metering in accordance 

with paragraph (a) of this Section 2, with separate fuel metering for the CEMS-monitored 

fuel gas combustion device. 

(1) Each SO2-diluent CEMS shall comply with the applicable provisions for SO2

monitors and diluent monitors in 40 CFR Part 75, and shall use the procedures in 

section 3 of Appendix F to Part 75 for determining SO2 emission rate (lb/mmBtu) 

by substituting the term SO2 for NOx in that section. 

(2) All continuous fuel flow meters and fuel gas sampling and analysis for GCV 

to determine the heat input rate from the fuel gas shall comply with the applicable 

provisions of Appendix D to 40 CFR Part 75. 

(3) The SO2 mass emissions for all the fuel gas combustion devices monitored by 

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

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

applicable fuel gas combustion devices using the following equation: 

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

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

combustion devices. 

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

gas combustion device. 

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

combustion devices. 

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

fuel gas combustion device. 

3. Certification/Recertification Requirements 

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

follows: 

(a) The owner or operator shall comply with the initial testing and calibration 

requirements in Performance Specification 2 in Appendix B of 40 CFR Part 60 and 

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

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

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

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

accuracy requirements for a NOx-diluent CEMS (lb/mmBtu). 

(c) A continuous fuel flow meter shall comply with the testing and calibration 

requirements in 40 CFR Part 75, Appendix D. 

4. Quality Assurance/Quality Control Requirements 

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

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

with Appendix B of 40 CFR Part 75. 

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

meter and fuel sampling and analysis in compliance with Appendix B of 40 CFR Part 75. 

(c) A QA/QC plan shall be developed and implemented for each CFGMS in compliance 

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

 (1) Perform a daily calibration error test of each CFGMS at two gas 

concentrations, one low level and one high level. Calculate the calibration error as 

described in Appendix A to 40 CFR Part 75. An out of control period occurs 

whenever the error is greater than 5.0% of the span value. 

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

shall be performed whenever a daily calibration error test is failed, whenever a 

monitoring system is returned to service following repairs or corrective actions 

that may affect the monitor measurements, or after making manual calibration 

adjustments. 

(3) Perform a linearity test once every operating quarter. Calculate the linearity as 

described in Appendix A to 40 CFR Part 75. An out of control period occurs 

whenever the linearity error is greater than 5.0 percent of a reference value, and 

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

a reference value is greater than 5.0 ppm. 

 

(4) Perform a relative accuracy test audit once every four operating quarters. 

Calculate the relative accuracy as described in Appendix A to 40 CFR Part 75. 

An out of control period occurs whenever the relative accuracy is greater than 

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

 (5) Using the results of the relative accuracy test audit, conduct a bias test in 

accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias 

adjustment factor if required. 

 

5. Missing Data Procedures 

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

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

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

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

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

rate basis (lb/mmBtu) in accordance with the requirements for SO2 monitors in Subpart D 

of 40 CFR Part 75. 

(c) For any period in which valid data are not being recorded by a continuous fuel flow 

meter or for fuel gas GCV sampling and analysis specified in this section, missing or 

invalid data shall be replaced with substitute data in accordance with missing data 

requirements in Appendix D to 40 CFR Part 75. 

(d) For any period in which valid data are not being recorded by the CFGMS specified in 

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

accordance with the missing data requirements for units performing hourly gaseous fuel 

sulfur sampling in section 2.4 of Appendix D to 40 CFR Part 75. 

6. Monitoring Plan and Reporting Requirements 

In addition to the general monitoring plan and reporting requirements of Section I of this 

Rule, the owner or operator shall meet the following additional requirements: 

(a) The monitoring plan shall identify each group of units that are monitored by a single 

monitoring system under this Protocol WEB-1, and the plan shall designate an identifier 

for the group of units for emissions reporting purposes. For purpose of submitting 

emissions reports, no apportionment of emissions to the individual units within the group 

is required. 

(b) If the provisions of paragraphs 2(b) or (c) are used, provide documentation and an 

explanation to demonstrate that the SO2 emission rate from the monitored unit is 

representative of the rate from non-monitored units. 

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

Fabric Filter

1. Applicability 

The provisions of this protocol are applicable to cement kilns or lime kilns that (1) are 

controlled by a positive pressure fabric filter, and (2) have operating conditions upstream 

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

flow monitor measurements. 

2. Monitoring Requirements 

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43

 

(a) A cement or lime kiln with a positive pressure fabric filter shall use a predictive flow 

monitoring system (PFMS) to determine the hourly kiln exhaust gas flow. 

 

(b) A PFMS is the total equipment necessary for the determination of exhaust gas flow 

using process or control device operating parameter measurements and a conversion 

equation, a graph, or computer program to produce results in cubic feet per hour. 

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

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

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

 

(2) The PFMS shall have provisions to check the calibration error of each 

parameter that is individually measured. The owner or operator shall propose 

appropriate performance specifications in the initial monitoring plan for all 

parameters used in the PFMS comparable to the degree of accuracy required for 

other monitoring systems used to comply with this Rule. The parameters shall be 

tested at two levels, low: 0 to 20% of full scale, and high: 50 to 100% of full 

scale. The reference value need not be certified. 

 (3) The relative accuracy of the PFMS must be < 10.0% of the reference method 

average value, and include a bias test in accordance with paragraph 4(c) of this 

section. 

3. Certification Requirements 

The PFMS is subject to initial certification testing as follows: 

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

monitor. 

 (b) Provide evidence of calibration testing of all monitoring equipment. Any tests 

conducted within the previous 12 months of operation that are consistent with the QA/QC 

plan for the PFMS are acceptable for initial certification purposes. 

(c) Perform an initial relative accuracy test over the normal range of operating conditions 

of the kiln. Using the results of the relative accuracy test audit, conduct a bias test in 

accordance with Appendix A to 40 CFR Part 75, and calculate and apply a bias 

adjustment factor if required. 

4. Quality Assurance/Quality Control Requirements 

A QA/QC plan shall be developed and implemented for each PFMS in compliance with 

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

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44

 (a) Perform a daily monitor failure check. 

(b) Perform calibration tests of all monitors for each parameter included in the PFMS. At 

a minimum, calibrations shall be conducted prior to each relative accuracy test audit. 

 

(c) Perform a relative accuracy test audit and accompanying bias test once every four 

operating quarters. Calculate the relative accuracy (and bias adjustment factor) as 

described in Appendix A to 40 CFR Part 75. An out of control period occurs whenever 

the flow relative accuracy is greater than 10.0% of the mean value of the reference 

method. 

5. Missing Data 

 

For any period in which valid data are not being recorded by the PFMS specified in this 

section, hourly missing or invalid data shall be replaced with substitute data in 

accordance with the flow monitor missing data requirements for non-load based units in 

Subpart D of 40 CFR Part 75. 

6. Monitoring Plan Requirements 

In addition to the general monitoring plan requirements of Section I of this Rule, the 

owner or operator shall meet the following additional requirements: 

(a) The monitoring plan shall document the reasons why stack flow measurements 

upstream of the fabric filter are unlikely to provide reliable flow measurements over time. 

(b) The initial monitoring plan shall explain the relationship of the proposed parameters 

and stack flow, and discuss other parameters considered and the reasons for not using 

those parameters in the PFMS. The [state or tribe] may require that the subsequent 

monitoring plan include additional explanation and documentation for the reasonableness 

of the proposed PFMS. 

<129>
Western Backstop SO2 Trading Program 

Model Rule Supplement

August 13, 2003 

(Final Draft)

The Model Rule Supplement is available through the Western Regional 

Air Partnership (WRAP) at www.wrapair.org

 

This Model Rule Supplement was developed through a broad stakeholder process of 

the WRAP as a template to facilitate consistent, multi-jurisdictional implementation 

of the SO2 Milestones and Backstop Trading Program Section 309 of the Regional 

Haze Rule. 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

H. Establishment of Accounts

Add following sentence after first sentence in section H1 (or in reorganized 

section based on Lee's comments):

In addition, if a WEB source conducts monitoring under Section I1.(b) of this 

Rule, the WEB source shall open a special reserve compliance account for 

allowances associated with units monitored under those provisions. The 

WEB source and Account Representative shall have no rights to transfer 

allowances in or out of such special reserve compliance account. The [state 

or tribe] shall allocate allowances to the account in accordance with Section 

I1.(b)(5) of this Rule and all such allowances for each control period shall be 

retired each year for compliance in accordance with Section L of this Rule. 

I. Monitoring, Recordkeeping and Reporting 

1. General Requirements on Monitoring Methods

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

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

emissions:

(1) If a unit is subject to 40 CFR Part 75 under a requirement separate 

from the WEB Trading Program, the unit shall meet the requirements 

contained in Part 75 with respect to monitoring, recording and 

reporting SO2 mass emissions.

(2) If a unit is not subject to 40 CFR Part 75 under a requirement 

separate from the WEB Trading Program, a unit shall use one of the 

following monitoring methods, as applicable:

(A) A continuous emission monitoring system (CEMS) for SO2

and flow that complies with all applicable monitoring provisions 

in 40 CFR Part 75; 

(B) If the unit is a gas- or oil-fired combustion device, the 

excepted monitoring methodology in Appendix D to 40 CFR 

Part 75, or, if applicable, the low mass emissions (LME) 

provisions (with respect to SO2 mass emissions only) of section 

75.19 of 40 CFR Part 75;

(C) One of the optional WEB protocols, if applicable, in 

Appendix A to this Rule; or

(D) A petition for site-specific monitoring that the source 

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

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

Environmental Protection Agency in accordance with Section 

I8(e) of this Rule (relating to petitions).

(3) A permanently retired unit shall not be required to monitor under 

this Section if such unit was permanently retired and had no emissions 

for the entire period for which the WEB source implements this 

paragraph (3) and the Account Representative certifies in accordance 

with Section L2 of this Rule that these conditions were met. In the 

event that a permanently retired unit recommences operation, the 

WEB source shall meet the requirements of this Section I in the same 

manner as if the unit was a new unit.

(b) Notwithstanding paragraph (a) of this Section, the WEB source with a unit 

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

provisions of this paragraph (b) apply to that unit.

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

(A) Any smelting operation where all of the emissions from the 

operation are not ducted to a stack; or 

(B) Any flare, except to the extent such flares are used as a fuel 

gas combustion device at a petroleum refinery.

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

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

in establishing the floor level (and reducible allocation) provided 

in Section C1 of the Implementation Plan.

(2) For each unit covered by this paragraph (b), the Account 

Representative shall submit a notice to request that this paragraph (b) 

apply to one or more SO2 emitting units at a WEB source. The notice 

shall be submitted in accordance with the compliance dates specified 

in Section I6(a) of this Rule, and shall include the following information 

(in a format specified by [state or tribe] with such additional, related 

information as may be requested):

(A) A notice of all units at the applicable source, specifying 

which of the units are to be covered by this paragraph (b);

(B) Consistent with the emission estimation methodology used 

to determine the floor level (and reducible allocation) for the 

source in accordance with Section C1 of the Implementation 

Plan, the portion of the WEB source's overall allowance 

allocation that is attributable to any unit(s) covered by this 

paragraph; and

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

retired. 

(3) For each new unit at an existing WEB source for which the WEB 

source seeks to comply with this paragraph (b) and for which the 

Account Representative applies for an allocation under the new source 

set-aside provisions of Section G6 of this Rule, the Account 

Representative shall submit a modified notice under paragraph (b)(2) 

that includes such new SO2 emitting unit(s). The modified notice shall 

be submitted in accordance with the compliance dates in Section I6(a) 

of this Rule, but no later than the date on which a request is submitted 

under Section G6 of this Rule for allocations from the set-aside. 

(4) [State or tribe] shall evaluate the information submitted by the 

WEB source in paragraphs (b)(2) and (b)(3), and may issue a notice 

to the source to exclude any units that do not qualify under this 

paragraph (b) or to adjust the portion of allowances attributable to units 

that do qualify to be consistent with the emission estimation 

methodology used to establish the floor level (and reducible allocation) 

for the source. 

(5) [State or tribe] shall allocate allowances equal to the adjusted 

portion of the WEB source's allowances under paragraphs (b)(2), 

(b)(3), and (b)(4) in a special reserve compliance account, provided 

that no such treatment of the WEB source's allocation will be required 

for any unit that is permanently retired and had no emissions for the 

entire period for which the WEB source implements this paragraph (b) 

and the Account Representative certifies in accordance with Section L 

of this Rule that these conditions were met. In the event that a 

permanently retired unit recommences operation, the WEB source 

shall meet the requirements of this Section I in the same manner as if 

the unit was a new unit.

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

annual emissions statement for each unit under this paragraph (b) in 

accordance with Section I8 of this Rule. The WEB source shall 

maintain operating records sufficient to estimate annual emissions in a 

manner consistent with the emission estimation methodology used to 

establish the floor level (and reducible allocation) for the source. In 

addition, if the estimated emissions from all such units at the WEB 

source are greater than the allowances for the current control year held 

in the special reserve compliance account under paragraph (b)(5) for 

the WEB source, the Account Representative will report the excess 

amount as part of the annual report for the WEB source under Section 

L of this Rule and be required to use other allowances in the standard 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

compliance account for the WEB source to account for such 

emissions, in accordance with Section L of this Rule.

(7) The remaining provisions of this Section I shall not apply to units 

covered by this paragraph except where otherwise noted.

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

emitting unit to use monitoring under Section I1(a) of this Rule, but any 

such monitoring change must take effect on January 1 of the next 

compliance year. In addition, the Account Representative must submit 

an initial monitoring plan at least 180 days prior to the date on which 

the new monitoring will take effect and a detailed monitoring plan in 

accordance with Section I2 of this Rule. The Account Representative 

shall also submit a revised notice under paragraph (b)(2) at the same 

time that the initial monitoring plan is submitted.

(c) For any monitoring that the WEB source uses under this Section 

(including paragraph (b)), the WEB source (and, as applicable, the Account 

Representative) shall implement, certify, and use such monitoring in 

accordance with this Section, and record and report the data from such 

monitoring as required in this Section. In addition, the WEB source (and, as 

applicable, the Account Representative) may not:

(1) Except for an alternative approved by the U.S. EPA Administrator 

for a WEB source that implements monitoring under Section I1.(a)(1), 

use an alternative monitoring system, alternative reference method or 

another alternative for the required monitoring method without having 

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

Rule (relating to petitions);

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

discharged, SO2 emissions to the atmosphere without accounting for 

these emissions in accordance with the applicable provisions of this 

Section; 

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

and thereby avoid monitoring and recording SO2 mass emissions 

discharged into the atmosphere, except for periods of recertification or 

periods when calibration, quality assurance testing or maintenance is 

performed in accordance with the applicable provisions of this 

Section; or 

(4) Retire or permanently discontinue use of an approved monitoring 

method, except under one of the following circumstances:

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(A) During a period when the unit is exempt from the 

requirements of this Section, including retirement of a unit as 

addressed in Section I1(a)(3); 

(B) The WEB source is monitoring emissions from the unit with 

another certified monitoring method approved under this 

Section for use at the unit that provides data for the same 

parameter as the retired or discontinued monitoring method; or

(C) The Account Representative submits notification of the 

date of certification testing of a replacement monitoring system 

in accordance with this Section, and the WEB source 

recertifies thereafter a replacement monitoring system in 

accordance with the applicable provisions of this Section.

2. Monitoring Plan

(a) General Provisions. A WEB source with an SO2 emitting unit that uses a 

monitoring method under Section I1(a)(2) of this Rule shall meet the following 

requirements:

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

each monitoring method that the WEB source uses to comply with this 

Section. In accordance with paragraph I2(c) of this Rule, the plan shall 

contain sufficient information on the units involved, the applicable 

method, and the use of data derived from that method to demonstrate 

that all unit SO2 emissions are monitored and reported. The plan shall 

be submitted in accordance with the compliance deadlines specified 

in Section I6 of this Rule.

(2) Prepare, maintain and submit to [state or tribe] a detailed 

monitoring plan prior to the first day of certification testing, in 

accordance with the compliance deadline specified in Section I5 of 

this Rule. The plan will contain the applicable information required by 

Section I2(d) of this Rule. [State or tribe] may require that the 

monitoring plan (or portions thereof) be submitted electronically. The 

[state or tribe] also may require that the plan be submitted on an 

ongoing basis in electronic format as part of the quarterly report 

submitted under Section I8(a) of this Rule or resubmitted separately 

after any change is made to the plan in accordance with the following 

paragraph (a)(3).

(3) Whenever the WEB source makes a replacement, modification, or 

change in one of the systems or methodologies provided for in Section 

I1(a)(2), including a change in the automated data acquisition and 

handling system or in the flue gas handling system, that affects 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

information reported in the monitoring plan (e.g., a change to serial 

number for a component of a monitoring system), then the WEB 

source shall update the monitoring plan in accordance with the 

compliance deadline specified in Section I5 of this Rule.

(b) A WEB source with an SO2 emitting unit that uses a method under 

Section I1(a)(1) of this Rule (a unit subject to 40 CFR Part 75 under a 

program other than this WEB Trading Program) shall meet the requirements 

of Section I2(a)-(f) by preparing, maintaining and submitting a monitoring plan 

in accordance with the requirements of 40 CFR Part 75, provided that the 

WEB source also shall submit the entire monitoring plan to [state or tribe] 

upon request.

(c) Initial Monitoring Plan. The Account Representative shall submit an initial 

monitoring plan for each SO2 emitting unit (or group of units sharing a 

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

provision in Appendix A, contains the following information: 

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

(A) Plant name and location; 

(B) Plant and unit identification numbers assigned by [state or 

tribe];

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

monitoring methodology);

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

monitoring plan;

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

used in the SO2 emitting unit), and the fuel classification of the 

unit if combusting more than one type of fuel and using a 40 

CFR Part 75 methodology; 

(F) Type(s) of emissions controls for SO2 installed or to be 

installed, including specifications of whether such controls are 

pre-combustion, post-combustion, or integral to the combustion 

process;

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

capacity, if applicable;

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

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

bypass stack.

(2) For each unit and parameter required to be monitored, 

identification of monitoring methodology information, consisting of 

monitoring methodology, monitor locations, substitute data approach 

for the methodology, and general identification of quality assurance 

procedures. If the proposed methodology is a site-specific 

methodology submitted pursuant to Section I1(a)(2)(D) of this Rule, the 

description under this paragraph shall describe fully all aspects of the 

monitoring equipment, installation locations, operating characteristics, 

certification testing, ongoing quality assurance and maintenance 

procedures, and substitute data procedures.

(3) If the WEB source intends to petition for a change to any specific 

monitoring requirement otherwise required under this Section, such 

petition may be submitted as part of the initial monitoring plan.

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

initial monitoring plan based on the compliance of the proposed 

methodology with the requirements for monitoring in this Section. 

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

detailed monitoring plan that, except as otherwise specified in an applicable 

provision in Appendix A, shall contain the following information: 

(1) Identification and description of each monitoring component 

(including each monitor and its identifiable components, such as 

analyzer or probe) in a CEMS (e.g., SO2 pollutant concentration 

monitor, flow monitor, moisture monitor), a 40 CFR Part 75, Appendix 

D monitoring system (e.g., fuel flowmeter, data acquisition and 

handling system), or a protocol in Appendix A, including:

(A) Manufacturer, model number and serial number;

(B) Component or system identification code assigned by the 

facility to each identifiable monitoring component, such as the 

analyzer or probe;

(C) Designation of the component type and method of sample 

acquisition or operation (e.g., in situ pollutant concentration 

monitor or thermal flow monitor);

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

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

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(F) Status of the monitoring component; and

(G) Parameter monitored.

(2) Identification and description of all major hardware and software 

components of the automated data acquisition and handling system, 

including:

(A) Hardware components that perform emission calculations 

or store data for quarterly reporting purposes (provide the 

manufacturer and model number); and 

(B) Software components (provide the identification of the 

provider and model or version number).

(3) Explicit formulas for each measured emissions parameter, using 

component or system identification codes for the monitoring system 

used to measure the parameter that links the system observations with 

the reported concentrations and mass emissions. The formulas must 

contain all constants and factors required to derive mass emissions 

from component or system code observations and an indication of 

whether the formula is being added, corrected, deleted, or is 

unchanged. The WEB source with a low mass emissions unit for which 

the WEB source is using the optional low mass emissions excepted 

methodology in section 75.19(c) of 40 CFR Part 75 is not required to 

report such formulas.

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

units with flow monitors, only).

(5) If using CEMS for SO2 and flow, for each parameter monitored: 

scale, maximum potential concentration (and method of calculation), 

maximum expected concentration (if applicable) (and method of 

calculation), maximum potential flow rate (and method of calculations), 

span value, full-scale range, daily calibration units of measure, span 

effective date and hour, span inactivation date and hour, indication of 

whether dual spans are required, default high range value, flow rate 

span, and flow rate span value and full scale value (in standard cubic 

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

monitors.

(6) If the monitoring system or excepted methodology provides for use 

of a constant, assumed, or default value for a parameter under specific 

circumstances, then include the following information for each value of 

such parameter:

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(A) Identification of the parameter;

(B) Default, maximum, minimum, or constant value, and units of 

measure for the value;

(C) Purpose of the value;

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

(E) Types of fuel;

(F) Source of the value;

(G) Value effective date and hour;

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

and

(I) For units using the excepted methodology under section 

75.19 of 40 CFR Part 75, the applicable SO2 emission factor.

(7) Unless otherwise specified in section 6.5.2.1 of Appendix A to 40 

CFR Part 75, for each unit or common stack on which hardware 

CEMS are installed:

(A) The upper and lower boundaries of the range of operation 

(as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 

75), or thousand of pounds per hour (lb/hr) of steam, or feet per 

second (ft/sec) (as applicable);

(B) The load or operating level(s) designated as normal in 

section 6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands 

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

(C) The two load or operating levels (i.e., low, mid, or high) 

identified in section 6.5.2.1 of Appendix A to 40 CFR Part 75 

as the most frequently used;

(D) The date of the data analysis used to determine the normal 

load (or operating) level(s) and the two most frequently-used 

load (or operating) levels; and

 

(E) Activation and deactivation dates when the normal load or 

operating level(s) change and are updated. 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

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

Part 75 is used:

(A) The upper and lower boundaries of the range of operation 

(as defined in section 6.5.2.1 of Appendix A to 40 CFR Part 

75), expressed in thousand of lb/hr of steam; 

(B) The load level designated as normal, pursuant to section 

6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in 

thousands of lb/hr of steam; and

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

load level.

(9) Information related to quality assurance testing, including (as 

applicable): identification of the test strategy; protocol for the relative 

accuracy test audit; other relevant test information; calibration gas 

levels (percent of span) for the calibration error test and linearity check; 

calculations for determining maximum potential concentration, 

maximum expected concentration (if applicable), maximum potential 

flow rate, and span; 

(10) If applicable, apportionment strategies under sections 75.10 

through 75.18 of 40 CFR Part 75.

(11) Description of site locations for each monitoring component in a 

monitoring system, including schematic diagrams and engineering 

drawings and any other documentation that demonstrates each 

monitor location meets the appropriate siting criteria. For units 

monitored by a continuous emission monitoring system, diagrams 

shall include:

(A) A schematic diagram identifying entire gas handling 

system from unit to stack for all units, using identification 

numbers for units, monitor components, and stacks 

corresponding to the identification numbers provided in the 

initial monitoring plan and paragraphs (d)(1) and (3). The 

schematic diagram must depict the height of any monitor 

locations. Comprehensive or separate schematic diagrams 

shall be used to describe groups of units using a common 

stack.

(B) Stack and duct engineering diagrams showing the 

dimensions and locations of fans, turning vanes, air preheaters, 

monitor components, probes, reference method sampling 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

ports, and other equipment that affects the monitoring system 

location, performance, or quality control checks. 

(12) A data flow diagram denoting the complete information handling 

path from output signals of CEMS components to final reports. 

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

the WEB source with an SO2 emitting unit using either of the methodologies 

in paragraph I.1(a)(2)(B) of this Section shall include the following information 

in its monitoring plan for the specific situations described: 

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

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

SO2 mass emissions, the WEB source shall include the following 

information in the monitoring plan:

(A) Parameter monitored;

(B) Type of fuel measured, maximum fuel flow rate, units of 

measure, and basis of maximum fuel flow rate (i.e., upper range 

value or unit maximum) for each fuel flowmeter;

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

flowmeter;

(D) Submission status of the data;

(E) Monitoring system identification code;

(F) The method used to demonstrate that the unit qualifies for 

monthly gross calorific value (GCV) sampling or for daily or 

annual fuel sampling for sulfur content, as applicable;

(G) A schematic diagram identifying the relationship between 

the unit, all fuel supply lines, the fuel flowmeter(s), and the 

stack(s). The schematic diagram must depict the installation 

location of each fuel flowmeter and the fuel sampling 

location(s). Comprehensive or separate schematic diagrams 

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

(H) For units using the optional default SO2 emission rate for 

"pipeline natural gas" or "natural gas" in appendix D to 40 CFR 

Part 75, the information on the sulfur content of the gaseous fuel 

used to demonstrate compliance with either section 2.3.1.4 or 

2.3.2.4 of appendix D to 40 CFR Part 75;

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(I) For units using the 720 hour test under section 2.3.6 of 

appendix D to 40 CFR Part 75 to determine the required sulfur 

sampling requirements, report the procedures and results of the 

test; and

(J) For units using the 720 hour test under section 2.3.5 of 

appendix D to 40 CFR Part 75 to determine the appropriate 

fuel GCV sampling frequency, report the procedures used and 

the results of the test.

(2) For each SO2 emitting unit for which the WEB source uses the low 

mass emission excepted methodology of section 75.19 to 40 CFR 

Part 75, the WEB source shall include the following information in the 

monitoring plan that accompanies the initial certification application:

(A) The results of the analysis performed to qualify as a low 

mass emissions unit under section 75.19(c) to 40 CFR Part 75. 

This report will include either the previous three years actual or 

projected emissions. The following items should be included:

(i) Current calendar year of application;

(ii) Type of qualification; 

(iii) Years one, two, and three;

(iv) Annual measured, estimated or projected SO2 mass 

emissions for years one, two, and three; and

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

(B) A schematic diagram identifying the relationship between 

the unit, all fuel supply lines and tanks, any fuel flowmeter(s), 

and the stack(s). Comprehensive or separate schematic 

diagrams shall be used to describe groups of units using a 

common pipe;

(C) For units which use the long term fuel flow methodology 

under section 75.19(c)(3) to 40 CFR Part 75, a diagram of the 

fuel flow to each unit or group of units and a detailed description 

of the procedures used to determine the long term fuel flow for a 

unit or group of units for each fuel combusted by the unit or 

group of units;

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

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

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

unit is projected to burn only gaseous fuel(s) or fuel oil and a list 

of the fuels that are projected to be burned;

(E) A statement that the unit meets the applicability 

requirements in sections 75.19(a) and (b) to 40 CFR Part 75 

with respect to SO2 emissions; and

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

emissions data and calculated SO2 emissions data 

demonstrating that the unit qualifies as a low mass emissions 

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

(3) For each gas-fired unit the WEB source shall include the following 

in the monitoring plan: current calendar year, fuel usage data as 

specified in the definition of gas-fired in section 72.2 of 40 CFR Part 

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

 

(f) The specific elements of a monitoring plan under this Section I2. shall not 

be part of an operating permit for a WEB source issued in accordance with 

Title V of the Clean Air Act, and modifications to the elements of the plan shall 

not require a permit modification. 

3. Certification and Recertification

(a) All monitoring systems are subject to initial certification and recertification 

testing as specified in 40 CFR Part 75 or Appendix A to this Rule, as 

applicable. Certification or recertification of a monitoring system by the U.S. 

Environmental Protection Agency for a WEB source that is subject to 40 CFR 

Part 75 under a requirement separate from this Rule shall constitute 

certification under the WEB Trading Program.

(b) The WEB source with an SO2 emitting unit not otherwise subject to 40 

CFR Part 75 that monitors SO2 mass emissions in accordance with 40 CFR 

Part 75 to satisfy the requirements of this Section shall perform all of the tests 

required by that regulation and shall submit the following:

(1) A test notice, not later than 21 days before the certification testing 

of the monitoring system, provided that [state or tribe] may establish 

additional requirements for adjusting test dates after this notice as part 

of the approval of the initial monitoring plan under paragraph I2(c) of 

this Rule; and

(2) An initial certification application within 45 days after testing is 

complete.

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(c) A monitoring system will be considered provisionally certified while the 

application is pending, and the system shall be deemed certified if [state or 

tribe] does not approve or disapprove the system within six months after the 

date on which the application is submitted.

(d) Whenever an audit of any monitoring certified under this Rule, and a 

review of the initial certification or recertification application, reveal that any 

system or component should not have been certified or recertified because it 

did not meet a particular performance specification or other requirement of 

this Rule, both at the time of the initial certification or recertification 

application submission and at the time of the audit, the [state or tribe] will 

issue a notice of disapproval of the certification status of such system or 

component. For the purposes of this paragraph, an audit shall be either a 

field audit of the facility or an audit of any information submitted to the [state or 

tribe] regarding the facility. By issuing the notice of disapproval, the 

certification status is revoked prospectively, and the data measured and 

recorded shall not be considered valid quality-assured data from the date of 

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

and time that the WEB source completes subsequently approved initial 

certification or recertification tests in accordance with the procedures in this 

Section I3. The WEB source shall apply the substitute data procedures in 

Section I5.(b) of this Rule to replace, prospectively, all of the invalid, 

non-quality-assured data for each disapproved system or component. 

 

4. Ongoing Quality Assurance and Quality Control

The WEB source shall satisfy the applicable quality assurance and quality 

control requirements of Part 75 or, if the WEB source is subject to a WEB 

protocol in Appendix A, the applicable quality assurance and quality control 

requirements in Appendix A on and after the date that certification testing 

commences.

5. Substitute Data Procedures

(a) For any period after certification testing is complete in which quality 

assured, valid data are not being recorded by a monitoring system certified 

and operating in accordance with this Rule, missing or invalid data shall be 

replaced with substitute data in accordance with 40 CFR Part 75 or, if the 

WEB source is subject to a WEB protocol in Appendix A, with substitute data 

in accordance with Appendix A.

(b) For an SO2 emitting unit that does not have a certified (or provisionally 

certified) monitoring system in place as of the beginning of the first control 

period for which the unit is subject to the WEB Trading Program, the WEB 

source shall: 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

substitute the maximum potential concentration of SO2 for the unit and 

the maximum potential flow rate, as determined in accordance with 40 

CFR Part 75. The procedures for conditional data validation under 

section 75.20(b)(3) may be used for any monitoring system under this 

Rule that uses these 40 CFR Part 75 procedures, as applicable;

(2) If the WEB source will use the 40 CFR Part 75 Appendix D 

methodology, substitute the maximum potential sulfur content, density 

or gross calorific value for the fuel and the maximum potential fuel flow 

rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75;

(3) If the WEB source will use the 40 CFR Part 75 methodology for 

low mass emissions units, substitute the SO2 emission factor required 

for the unit as specified in 40 CFR 75.19 and the maximum rated 

hourly heat input, as defined in 40 CFR 72.2; or 

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

in the applicable protocol.

6. Compliance Deadlines

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

(1) For each source that is a WEB source on or before the Program 

Trigger Date, the monitoring plan shall be submitted 180 days after 

such Program Trigger Date.

(2) For any existing source that becomes a WEB source after the 

Program Trigger Date, the monitoring plan shall be submitted by 

September 30 of the year following the inventory year in which the 

source exceeded the emissions threshold.

(3) For any new WEB source, the monitoring plan shall be included 

with the permit application for [State or tribe shall include appropriate 

reference for preconstruction permit program under Title I of the Clean 

Air Act, including both minor and major new source review programs.]

(b) A detailed monitoring plan under Section I2.(b) shall be submitted no later 

than 45 days prior to commencing certification testing in accordance with the 

following paragraph (c).

 

(c) Emission monitoring systems shall be installed, operational and shall 

have met all of the certification testing requirements of this Section I (including 

any referenced in Appendix A) by the following dates:

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(1) For each source that is a WEB source on or before the Program 

Trigger Date, two years prior to the start of the first control period as 

described in Section L of this Rule.

(2) For any existing source that becomes a WEB source after the 

Program Trigger Date, one year after the due date for the monitoring 

plan under I6(a)(2) of this Rule.

(3) For any new WEB source (or any new unit at a WEB source under 

paragraphs (c)(1) or (c)(2)), the earlier of 90 unit operating days or 180 

calendar days after the date the new source commences operation.

(d) The WEB source shall submit test notices and certification applications in 

accordance with the deadlines set forth in Section I4.(b).

(e) For each applicable control period, the WEB source shall submit each 

quarterly report under Section I8 by no later than 30 days after the end of each 

calendar quarter and shall submit the annual report under Section I8 no later 

than 60 days after the end of each calendar year.

7. Recordkeeping

(a) Except as provided in Section I7(b), the WEB source shall keep copies of 

all reports, registration materials, compliance certifications, sulfur dioxide 

emissions data, quality assurance data, and other submissions under this

Rule for a period of five years. In addition, the WEB source shall keep a copy 

of all Account Certificates of Representation. Unless otherwise requested by 

the WEB source and approved by [state or tribe], the copies shall be kept on 

site.

(b) The WEB source shall keep records of all operating hours, quality 

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

stack flow, fuel flow, or other continuous measurements, as applicable, and 

any other applicable data elements specified in this Section or in Appendix A 

to this Rule. The WEB source shall maintain the applicable records specified 

in 40 CFR Part 75 for any SO2 emitting unit that uses a Part 75 monitoring 

method to meet the requirements of this Section.

8. Reporting

(a) Quarterly Reports. For each SO2 emitting unit, the Account 

Representative shall submit a quarterly report within thirty days after the end 

of each calendar quarter. The report shall be in a format specified by [state or 

tribe] to include hourly and quality assurance activity information and shall be 

submitted in a manner compatible with the emissions tracking database 

designed for the WEB Trading Program. If the WEB source submits a 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

additional report under this paragraph (a) shall be required, provided, 

however, that [state or tribe] may require that a copy of that report (or a 

separate statement of quarterly and cumulative annual SO2 mass emissions) 

be submitted separately to [state or tribe]. 

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

submit an annual statement of total annual SO2 emissions for all SO2 emitting 

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

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

emissions for all units with emissions estimated in accordance with Section 

I1(b) of this Rule. The annual report shall be submitted within 60 days after 

the end of a control period.

(c) If the [State or tribe] so directs, that any monitoring plan, report, 

certification, recertification, or emissions data required to be submitted under 

this Section shall be submitted to the Tracking System Administrator.

(d) [State or tribe] may review and reject any report submitted under this 

Section I7 that contains errors or fails to satisfy the requirements of this 

Section, and the Account Representative shall resubmit the report to correct 

any deficiencies.

9. Petitions

(a) A WEB source may petition for an alternative to any requirement 

specified in Section I1(a)(2). The petition shall require approval of [state or 

tribe] and the U.S. EPA Administrator. Any petition submitted under this 

paragraph shall include sufficient information for the evaluation of the petition, 

including, at a minimum, the following information:

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

unit(s);

(2) A detailed explanation of why the proposed alternative is being 

suggested in lieu of the requirement;

(3) A description and diagram of any equipment and procedures used 

in the proposed alternative, if applicable;

(4) A demonstration that the proposed alternative is consistent with 

the purposes of the requirement for which the alternative is proposed 

and is consistent with the purposes of this Rule and that any adverse 

effect of approving such alternative will be de minimis; and

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

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Monitoring 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 of representation for the WEB source submitted 

under Section E of this Rule.

K. Use of Allowances from a Previous Year

Add following sentence to Section K2:

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

WEB source that monitors certain units in accordance with Section I1.(b) of 

this Rule will be deducted for compliance for each control period, no banking 

of such allowances for use in a subsequent year is permitted by this Rule. 

L. Compliance

Insert paragraph such as the following, based on changes made in response 

to Lee' redline/strikeout of section L:

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

(1) The total annual SO2 emissions for all SO2 emitting units at the 

source that are monitored under Section I1.(b) of this Rule, as reported 

by the source in Section I8(b) or (d) of this Rule, and recorded in the 

emissions tracking database shall be compared to the allowances 

held in the source=s special reserve compliance account as of the 

allowance transfer deadline for the current control period, adjusted in 

accordance with Section K of this Rule. If the emissions are equal to 

or less than the allowances in such account, all such allowances shall 

be retired to satisfy the obligation to hold allowances for such 

emissions. If the total emissions from such units exceeds the 

allowances in such special reserve account, the WEB source shall 

account for such excess emissions in the following paragraph (2).

(2) The total annual SO2 emissions for all SO2 emitting units at the 

source that are monitored under Section I1.(a) of this Rule, as reported 

by the source in Section I8(b) or (d) of this Rule, and recorded in the 

emissions tracking database, together with any excess emissions as 

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

allowances held in the source=s compliance account as of the 

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Monitoring 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 compliance account, beginning with the allowances allocated 

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

source=s compliance account from another compliance account or general 

account. The allowances held in a special reserve compliance account 

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

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

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

APPENDIX A: WEB MODEL RULE MONITORING PROTOCOLS

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

1. Applicability

(a) The provisions of this protocol are applicable to fuel gas combustion 

devices at petroleum refineries.

(b) Fuel gas combustion devices include boilers, process heaters, and 

flares used to burn fuel gas generated at a petroleum refinery. 

(c) Fuel gas means any gas which is generated and combusted at a 

petroleum refinery. Fuel gas does not include(1) natural gas, unless 

combined with other gases generated at a petroleum refinery, (2) 

gases generated by a catalytic cracking unit catalyst regenerator, (3) 

gases generated by fluid coking burners, (4) gases combusted to 

produce sulfur or sulfuric acid, or (5) process upset gases generated 

due to startup, shutdown, or malfunctions.

2. Monitoring Requirements

(a) Except as provided in paragraphs (b) and (c) of this Section 2, fuel 

gas combustion devices shall use a continuous fuel gas monitoring 

system (CFGMS) to determine the total sulfur content (reported as 

H2S) of the fuel gas mixture prior to combustion, and continuous fuel 

flow meters to determine the amount of fuel gas burned.

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

gas may be monitored for sulfur content at one location, if 

monitoring at that location is representative of the sulfur content 

of the fuel gas being burned in any fuel gas combustion device.

(2) The CFGMS shall meet the performance requirements in 

Performance Specification 2 in Appendix B to 40 CFR Part 60, 

and the following:

(i) Continuously monitor and record the concentration by 

volume of total sulfur compounds in the gaseous fuel 

reported as ppmv H2S.

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

fall between 10 and 95% of the range.

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

section. 

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

of section 2.1.5 of Appendix D to 40 CFR Part 75.

(4) The hourly mass SO2 emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

calculated using the following equation:

Et = (CS)(Qt)(K)

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

fuel gas combustion devices

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

Qt = Fuel gas flow rate to the applicable fuel gas 

combustion devices (scf/hr)

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

(b) In place of a CFGMS in paragraph (a) of this Section 2, fuel gas 

combustion devices having a common source of fuel gas may be 

monitored with an SO2 CEMS, a flow CEMS, and (if necessary) a 

moisture monitoring system at only one location, if the CEMS 

monitoring at that location is representative of the SO2 emission rate 

(lb SO2/scf fuel gas burned) of all applicable fuel gas combustion 

devices. Continuous fuel flow meters shall be used in accordance with 

paragraph (a), and the fuel gas combustion device monitored by a 

CEMS shall have separate fuel metering.

(1) Each CEMS for SO2, flow, and (if applicable) moisture, shall 

comply with the operating requirements, performance 

specifications, and quality assurance requirements of 40 CFR 

Part 75. 

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

of section 2.1.5 of Appendix D to 40 CFR Part 75.

(3) The SO2 hourly mass emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

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Monitoring 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 following equation:

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

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

gas combustion devices

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

fuel gas combustion device, calculated using Equation 

F-1 or (if applicable) F-2 in Appendix F to 40 CFR Part 

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

applicable fuel gas combustion devices

Qm = Fuel gas flow rate (scf/hr) to the CEMS-monitored 

fuel gas combustion device

(c) In place of a CFGMS in paragraph (a) of this section, fuel gas combustion 

devices having a common source of fuel gas may be monitored with an SO2 -

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

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

gas combustion devices. If this option is selected, the owner or operator shall 

conduct fuel gas sampling and analysis for gross calorific value (GCV), and 

shall use continuous fuel flow metering in accordance with paragraph (a) of 

this Section 2, with separate fuel metering for the CEMS-monitored fuel gas 

combustion device. 

(1) Each SO2-diluent CEMS shall comply with the applicable 

provisions for SO2 monitors and diluent monitors in 40 CFR 

Part 75, and shall use the procedures in section 3 of Appendix 

F to Part 75 for determining SO2 emission rate (lb/mmBtu) by 

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

factor of 

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

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

analysis for GCV to determine the heat input rate from the fuel 

gas shall comply with the applicable provisions in sections 

2.1.5 and 2.3.4 of Appendix D to 40 CFR Part 75.

(3) The SO2 hourly mass emissions rate for all the fuel gas 

combustion devices monitored by this approach shall be 

calculated by using the following equation:

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

where: 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

applicable fuel gas combustion devices

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

monitored fuel gas combustion device 

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

fuel gas combustion devices

GCV = Fuel Gross Calorific Value (Btu/scf) 

 106 = Conversion 

from Btu to million Btu

(d) Calculate total SO2 mass emissions for each calendar quarter and each 

calendar year based on the emissions in lb/hr and Equations F-3 and F-4 in 

Appendix F to 40 CFR Part 75, Appendix F. 

3. Certification/Recertification Requirements

All monitoring systems are subject to initial certification and recertification 

testing as follows:

(a) The owner or operator shall comply with the initial testing and 

calibration requirements in Performance Specification 2 in Appendix 

B to 40 CFR Part 60 and paragraph 2 (a)(2) of this section for each 

CFGMS.

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

with the testing and calibration requirements specified in 40 CFR Part 

75, section 75.20 and Appendices A and B, except that each SO2-

diluent CEMS shall meet the relative accuracy requirements for a NOxdiluent CEMS (lb/mmBtu). 

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

quality-assurance requirements in sections 2.1.5 and 2.1.6 to 

Appendix D to 40 CFR Part 75.

4. Quality Assurance/Quality Control Requirements

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

and 

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

CEMS in compliance with sections 1, 1.1, and 1.2 of Appendix B to 

Part 75. 

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

continuous fuel flow meter and fuel sampling and analysis in 

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

Part 75. 

(c) A QA/QC plan shall be developed and implemented for each CFGMS 

in compliance with sections 1 and 1.1 of Appendix B to 40 CFR Part 

75, and the following:

(i) Perform a daily calibration error test of each CFGMS at two 

gas concentrations, one low level and one high level. Calculate 

the calibration error as described in Appendix A to 40 CFR 

Part 75. An out of control period occurs whenever the error is 

greater than 5.0% of the span value.

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

calibration error test shall be performed whenever a daily 

calibration error test is failed, whenever a monitoring system is 

returned to service following repairs or corrective actions that 

may affect the monitor measurements, or after making manual 

calibration adjustments. 

(iii) Perform a linearity test once every operating quarter. Calculate 

the linearity as described in Appendix A to 40 CFR Part 75. 

An out of control period occurs whenever the linearity error is 

greater than 5.0 percent of a reference value, and the absolute 

value of the difference between average monitor response 

values and a reference value is greater than 5.0 ppm.

(iv) Perform a relative accuracy test audit once every four 

operating quarters. Calculate the relative accuracy as 

described in Appendix A to 40 CFR Part 75. An out of control 

period occurs whenever the relative accuracy is greater than 

20.0% of the mean value of the reference method 

measurements. 

(v) Using the results of the relative accuracy test audit, conduct a 

bias test in accordance with Appendix A to 40 CFR Part 75, 

and calculate and apply a bias adjustment factor if required.

5. Missing Data Procedures

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

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

shall be replaced with substitute data in accordance with the 

requirements in Subpart D of 40 CFR Part 75.

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

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

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

accordance with the requirements for SO2 monitors in Subpart D of 40 

CFR Part 75. 

(c) For any period in which valid data are not being recorded by a 

continuous fuel flow meter or for fuel gas GCV sampling and analysis 

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

substitute data in accordance with missing data requirements in 

Appendix D to 40 CFR Part 75.

(d) For any period in which valid data are not being recorded by the 

CFGMS specified in this section, hourly missing or invalid data shall 

be replaced with substitute data in accordance with the missing data 

requirements for units performing hourly gaseous fuel sulfur sampling 

in section 2.4 of Appendix D to 40 CFR Part 75.

6. Monitoring Plan and Reporting Requirements

In addition to the general monitoring plan and reporting requirements of 

Section I of this Rule, the owner or operator shall meet the following additional 

requirements:

(a) The monitoring plan shall identify each group of units that are 

monitored by a single monitoring system under this Protocol WEB-1, 

and the plan shall designate an identifier for the group of units for 

emissions reporting purposes. For purpose of submitting emissions 

reports, no apportionment of emissions to the individual units within 

the group is required.

(b) If the provisions of paragraphs 2.(b) or (c) are used, provide 

documentation and an explanation to demonstrate that the SO2

emission rate from the monitored unit is representative of the rate 

from non-monitored units.

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

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

Pressure Fabric Filter

1. Applicability

The provisions of this protocol are applicable to cement kilns or lime kilns 

that (1) are controlled by a positive pressure fabric filter, (2) combust only a 

single fuel, no fuel blends, and (3) have operating conditions upstream of the 

fabric filter that the WEB source documents would reasonably prevent 

reliable flow monitor measurements. This protocol does not modify the SO2

monitoring requirements in section I of this Rule.

2. Monitoring Requirements

 

(a) A cement or lime kiln with a positive pressure fabric filter shall use a 

predictive flow monitoring system (PFMS) to determine the hourly kiln 

exhaust gas flow.

(b) A PFMS is the total equipment necessary for the determination of 

exhaust gas flow using process or control device operating parameter 

measurements and a conversion equation, a graph, or computer program to 

produce results in cubic feet per hour. 

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

(1) Sensors readings and conversion of sensor data to flow in cubic 

feet per hour must be automated.

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

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

performed.

(3) The PFMS shall have provisions to check the calibration error of 

each parameter that is individually measured. The owner or operator 

shall propose appropriate performance specifications in the initial 

monitoring plan for all parameters used in the PFMS comparable to 

the degree of accuracy required for other monitoring systems used to 

comply with this Rule. The parameters shall be tested at two levels, 

low: 0 to 20% of full scale, and high: 50 to 100% of full scale. The 

reference value need not be certified.

(4) The relative accuracy of the PFMS must be < 10.0% of the 

reference method average value, and include a bias test in 

accordance with paragraph 4(c) of this section.

3. Certification Requirements

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

The PFMS is subject to initial certification testing as follows:

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

a failed monitor. 

 (b) Provide evidence of calibration testing of all monitoring equipment. Any 

tests conducted within the previous 12 months of operation that are 

consistent with the QA/QC plan for the PFMS are acceptable for initial 

certification purposes. 

(c) Perform an initial relative accuracy test over the normal range of 

operating conditions of the kiln. Using the results of the relative accuracy test 

audit, conduct a bias test in accordance with Appendix A to 40 CFR Part 75, 

and calculate and apply a bias adjustment factor if required.

4. Quality Assurance/Quality Control Requirements

A QA/QC plan shall be developed and implemented for each PFMS in 

compliance with sections 1 and 1.1 of Appendix B of 40 CFR Part 75, and 

the following:

(a) Perform a daily monitor failure check.

(b) Perform calibration tests of all monitors for each parameter included in 

the PFMS. At a minimum, calibrations shall be conducted prior to each 

relative accuracy test audit.

(c) Perform a relative accuracy test audit and accompanying bias test once 

every four operating quarters. Calculate the relative accuracy (and bias 

adjustment factor) as described in Appendix A to 40 CFR Part 75. An out of 

control period occurs whenever the flow relative accuracy is greater than 

10.0% of the mean value of the reference method.

5. Missing Data

For any period in which valid data are not being recorded by the PFMS 

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

substitute data in accordance with the flow monitor missing data 

requirements for non-load based units in Subpart D of 40 CFR Part 75.

6. Monitoring Plan Requirements

In addition to the general monitoring plan requirements of Section I of this 

Rule, the owner or operator shall meet the following additional requirements:

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Monitoring Provisions -- Corrected August 13, 2003 Draft 

(a) The monitoring plan shall document the reasons why stack flow 

measurements upstream of the fabric filter are unlikely to provide reliable flow 

measurements over time.

(b) The initial monitoring plan shall explain the relationship of the proposed 

parameters and stack flow, and discuss other parameters considered and 

the reasons for not using those parameters in the PFMS. The [state or tribe] 

may require that the subsequent monitoring plan include additional 

explanation and documentation for the reasonableness of the proposed 

PFMS.

<158>
Western Backstop Sulfur Dioxide Trading Program, 

Utah Administrative Code R307-250

R307. Environmental Quality, Air Quality.

R307-250. Western Backstop Sulfur Dioxide Trading Program.

R307-250-1. Purpose.

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

provisions in accordance with the federal Regional Haze Rule, 40 CFR 51.309, and Section XX.E of 

the State Implementation Plan for Regional Haze, titled "Sulfur Dioxide Milestones and Backstop 

Trading Program," incorporated under R307-110-28. 

R307-250-2. Definitions.

 The following additional definitions apply to R307-250: 

 "Account Certificate of Representation" or "Certificate" means the completed and signed 

submission required to designate an Account Representative for a WEB source or an Account 

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

authorized through an Account Certificate of Representation to represent owners and operators of 

the WEB source with regard to matters under the WEB Trading Program or, for a general account, 

who is authorized through an Account Certificate of Representation to represent the persons having 

an ownership interest in allowances in the general account with regard to matters concerning the 

general account. 

 "Actual Emissions" means total annual sulfur dioxide emissions determined in accordance 

with R307-250-9 or determined in accordance with the Sulfur Dioxide Milestone Inventory 

requirements of R307-150 for sources that are not subject to R307-250-9. 

 "Allocate" means to assign allowances to a WEB source in accordance with SIP Section 

XX.E.3.a through c. 

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

ton of sulfur dioxide during a specified control period or any control period thereafter subject to the 

terms and conditions for use of unused allowances as established by R307-250. 

 "Allowance Limitation" means the tonnage of sulfur dioxide emissions authorized by the 

allowances available for compliance deduction for a WEB source under R307-250-12 on the 

allowance transfer deadline for each control period. 

 "Allowance Transfer Deadline" means the deadline established in R307-250-10(2) when 

allowance transfers must be submitted for recording in a WEB source's compliance account in order 

to demonstrate compliance for that control period. 

 "Compliance Account" means an account established in the WEB EATS under R307-250-

8(1) for the purpose of recording allowances that a WEB source might hold to demonstrate 

compliance with its allowance limitation. 

 "Compliance Certification" means a submission to the executive secretary by the Account 

Representative as required under R307-250-12(2) to report a WEB source's compliance or 

noncompliance with R307-250. 

 "Control Period" means the period beginning January 1 of each year and ending on 

December 31 of the same year, inclusive. 

 "Existing Source" means a stationary source that commenced operation before the Program 

Trigger Date. 

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

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

with an allowance limitation. 

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

for each year from 2003 to 2018, established according to the procedures in SIP Section XX.E.1. 

 "New WEB Source" means a WEB source that commenced operation on or after the 

program trigger date. 

 "New Source Set-aside" means a pool of allowances that are available for allocation to new 

sources in accordance with the provisions of SIP Section XX.E.3.c. 

 "Program trigger date" means the date that the executive secretary determines that the WEB 

Trading Program has been triggered in accordance with the provisions of SIP Section XX.E.1.c. 

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

for the applicable milestone if the WEB Trading Program is triggered as described in SIP Section 

XX.E.1. 

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

provided in R307-250-4(4). 

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

assigned to each allowance by the Tracking Systems Administrator, in accordance with R307-250-

7(2). 

 "SIP Section XX.E" means Section XX, Part E of the State Implementation Plan, titled 

"Sulfur Dioxide Milestones and Backstop Trading Program." SIP Section XX, Regional Haze, is 

incorporated by reference under R307-110-28. 

 "Special Reserve Compliance Account" means an account established in the WEB EATS 

under R307-250-8(1) for the purpose of recording allowances that a WEB source might hold to 

demonstrate compliance with its allowance limitation for emission units that are monitored for sulfur 

dioxide in accordance with R307-250-9(1)(b). 

 "Sulfur Dioxide emitting unit" means any equipment that is located at a WEB source and 

that emits sulfur dioxide. 

 "Submit" means sent to the executive secretary or the Tracking system Administrator under 

the signature of the Account Representative. For purposes of determining when something is 

submitted, an official U.S. Postal Service postmark, or equivalent electronic time stamp, shall 

establish the date of submittal. 

 "Ton" means 2000 pounds and any fraction of a ton equaling 1000 pounds or more shall be 

treated as one ton and any fraction of a ton equaling less than 1000 pounds shall be treated as zero 

tons. 

 "Tracking System Administrator" or "TSA" means the person designated by the executive 

secretary as the administrator of the WEB EATS. 

 "WEB Source" means a stationary source that meets the applicability requirements of R307-

250-4. 

 "WEB Trading Program" means R307-250, the Western Backstop Trading Program, 

triggered as a backstop in accordance with the provisions in SIP Section XX.E, if necessary, to 

ensure that regional sulfur dioxide emissions are reduced. 

 "WEB Emissions and Allowance Tracking System (WEB EATS)" means the central 

database where sulfur dioxide emissions for WEB sources as recorded and reported in accordance 

with R307-250 are tracked to determine compliance with allowance limitations, and the system 

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

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 "WEB EATS account" means an account in the WEB EATS established for purposes of 

recording, holding, transferring, and deducting allowances. 

R307-250-3. WEB Trading Program Trigger.

 (1) Except as provided in (2) below, R307-250 shall apply on the program trigger date that is 

established in accordance with the procedures in SIP Section XX.E.1.c. 

 (2) Special Penalty Provisions for the 2018 Milestone, R307-250-13, shall apply on January 

1, 2018, and shall remain effective until the requirements of R307-250-13 have been met. 

R307-250-4. WEB Trading Program Applicability.

 (1) General Applicability. R307-250 applies to any stationary source or group of stationary 

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

control of the same person or persons under common control, belonging to the same industrial 

grouping, and that are described in paragraphs (a) and (b) of this subsection. A stationary source or 

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

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

belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard 

Industrial Classification Manual, 1987. 

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

sulfur dioxide emissions. 

 (b) All stationary sources that have actual sulfur dioxide emissions of 100 tons or more per 

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

source shall not be considered in determining whether it is subject to R307-250 unless the source 

belongs to one of the following categories of stationary source: 

 (i) Coal cleaning plants (with thermal dryers); 

 (ii) Kraft pulp mills; 

 (iii) Portland cement plants; 

 (iv) Primary zinc smelters; 

 (v) Iron and steel mills; 

 (vi) Primary aluminum ore reduction plants; 

 (vii) Primary copper smelters; 

 (viii) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (ix) Hydrofluoric, sulfuric, or nitric acid plants; 

 (x) Petroleum refineries; 

 (xi) Lime plants; 

 (xii) Phosphate rock processing plants; 

 (xiii) Coke oven batteries; 

 (xiv) Sulfur recovery plants; 

 (xv) Carbon black plants (furnace process); 

 (xvi) Primary lead smelters; 

 (xvii) Fuel conversion plants; 

 (xviii) Sintering plants; 

 (xix) Secondary metal production plants; 

 (xx) Chemical process plants; 

 (xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British 

thermal units per hour heat input; 

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 (xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels; 

 (xxiii) Taconite ore processing plants; 

 (xxiv) Glass fiber processing plants; 

 (xxv) Charcoal production plants; 

 (xxvi) Fossil-fuel-fired steam electric plants of more than 250 million British thermal units 

per hour heat input; or 

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

under Section 111 or 112 of the Clean Air Act. 

 (b) A new source that begins operation after the program trigger date and has the potential to 

emit 100 tons or more of sulfur dioxide per year. 

 (2) The executive secretary may determine on a case-by-case basis, with concurrence from 

the EPA Administrator, that a stationary source defined in (1)(b) above that has not previously met 

the applicability requirements of (1) is not subject to R307-250 if the stationary source had actual 

sulfur dioxide emissions of 100 tons or more in a single year and in each of the previous five years 

had actual sulfur dioxide emissions of less than 100 tons per year, and: 

 (a)(i) the emissions increase was due to a temporary emission increase that was caused by a 

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

operate in a normal or usual manner, and 

 (ii) the stationary source has corrected the failure of air pollution equipment, process 

equipment, or process by the time of the executive secretary's determination; or 

 (b) the stationary source had to switch fuels or feedstocks on a temporary basis and as a 

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

or feedstocks. 

 (3) Duration of Applicability. Except as provided for in (4) below, once a stationary source 

is subject to R307-250, it will remain subject to the rule every year thereafter. 

 (4) Retired Source Exemption. 

 (a) Application. Any WEB source that is permanently retired shall apply for a retired source 

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

emitting units at the source are permanently retired. The application shall contain the following 

information: 

 (i) identification of the WEB source, including the plant name and an appropriate 

identification code in a format specified by the executive secretary; 

 (ii) name of account representative; 

 (iii) description of the status of the WEB source, including the date that the WEB source 

was permanently retired; 

 (iv) signed certification that the WEB source is permanently retired and will comply with 

the requirements of R307-250-4(4); and 

 (v) verification that the WEB source has a general account where any unused allowances or 

future allocations will be recorded. 

 (b) Notice. The retired source exemption becomes effective when the executive secretary 

notifies the WEB source that the retired source exemption has been granted. 

 (c) Responsibilities of Retired Sources. 

 (i) A retired source shall be exempt from R307-250-9 and R307-250-12, except as provided 

below. 

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

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exemption is issued. 

 (iii) A WEB source shall submit sulfur dioxide emissions reports, as required by R307-250-

9, for any time period the source was operating prior to the effective date of the retired source 

exemption. The retired source shall be subject to the compliance provisions of R307-250-12, 

including the requirement to hold allowances in the source's compliance account to cover all sulfur 

dioxide emissions prior to the date the source was permanently retired. 

 (iv) A retired source that is still in existence but no longer emitting sulfur dioxide shall, for a 

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

source is permanently retired for purposes of this rule. 

 (d) Resumption of Operations. 

 (i) Before resuming operation, the retired source must submit registration materials as 

follows: 

 (A) If the source is required to obtain an approval order under R307-401 or an operating 

permit under R307-415 prior to resuming operation, then registration information as described in 

R307-250-6(1) and a copy of the retired source exemption must be submitted with the notice of 

intent under R307-401 or the operating permit application required under R307-415; 

 (B) If the source does not meet the criteria of (A), then registration information as described 

in R307-250-6(1) and a copy of the retired source exemption must be submitted to the executive 

secretary at least ninety days prior to resumption of operation. 

 (ii) The retired source exemption shall automatically expire on the day the retired source 

resumes operation. 

 (e) Loss of Future Allowances. A WEB source that is permanently retired and that does not 

apply to the executive secretary for a retired source exemption within ninety days of the date that the 

source is permanently retired shall forfeit any unused and future allowances. The abandoned 

allowances shall be retired by the TSA. 

R307-250-5. Account Representative for WEB Sources.

 (1) Each WEB source must identify one account representative and may also identify an 

alternate account representative who may act on behalf of the account representative. Any 

representation, action, inaction or submission by the alternate account representative will be deemed 

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

 (2) Identification and Certification of an account representative. 

 (a) The account representative and any alternate account representative shall be appointed 

by an agreement that makes the representations, actions, inactions or submissions of the account 

representative and any alternate binding on the owners and operators of the WEB source. 

 (b) The account representative shall submit to the executive secretary and the TSA a signed 

and dated certificate that contains the following elements: 

 (i) identification of the WEB source by plant name and an appropriate identification code in 

a format specified by the executive secretary; 

 (ii) the name, address, e-mail (if available), telephone and facsimile number of the account 

representative and any alternate; 

 (iii) a list of owners and operators of the WEB source; 

 (iv) information to be part of the emission tracking system database that is established in 

accordance with SIP Section XX.E.3.i. The specific data elements shall be as specified by the the 

executive secretary to be consistent with the data system structure, and may include basic facility 

information that may appear in other reports and notices submitted by the WEB source, such as 

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county location, industrial classification codes, and similar general facility information. 

 (v) The following certification statement: "I certify that I was selected as the account 

representative or alternate account representative, as applicable, by an agreement binding on the 

owners and operators of the WEB source. I certify that I have all the necessary authority to carry out 

my duties and responsibilities under the WEB Trading Program on behalf of the owners and 

operators of the WEB source and that the owner and operator each shall be fully bound by my 

representations, actions, inactions, or submissions and by any decision or order issued to me by the 

executive secretary regarding the WEB Trading Program." 

 (c) Upon receipt by the executive secretary of the complete certificate, the account 

representative and any alternate account representative represents and, by his or her representations, 

actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all 

matters pertaining to the WEB Trading Program. Each owner and operator shall be bound by any 

decision or order issued by the executive secretary regarding the WEB Trading Program. 

 (d) No WEB EATS account shall be established for the WEB source until the TSA has 

received a complete Certificate. Once the account is established, all submissions concerning the 

account, including the deduction or transfer of allowances, shall be made by the account 

representative. 

 (3) Responsibilities. 

 (a) The responsibilities of the account representative include, but are not limited to, the 

transferring of allowances and the submission of monitoring plans, registrations, certification 

applications, sulfur dioxide emissions data and compliance reports as required by R307-250, and 

representing the source in all matters pertaining to the WEB Trading Program. 

 (b) Each submission under this program shall be signed and certified by the account 

representative for the WEB source. Each submission shall include the following truth and accuracy 

certification statement by the account representative: "I am authorized to make this submission on 

behalf of the owners and operators of the WEB source for which the submission is made. I certify 

under penalty of law that I have personally examined, and am familiar with, the statements and 

information submitted in this document and all its attachments. Based on my inquiry of those 

individuals with primary responsibility for obtaining the information, I certify that the statements 

and information are to the best of my knowledge and belief true, accurate, and complete. I am aware 

that there are significant penalties for submitting false statements and information or omitting 

required statements and information, including the possibility of fine or imprisonment." 

 (4) Changing the Account Representative or Owners and Operators. 

 (a) Changing the Account Representative or the alternate Account Representative. The 

account representative or alternate account representative may be changed at any time by sending a 

complete superseding certificate to the executive secretary and the TSA under R307-250-5(2). The 

change will be effective upon receipt of such certificate by the TSA. Notwithstanding any such 

change, all representations, actions, inactions, and submissions by the previous account 

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

certificate shall be binding on the new account representative and the owners and operators of the 

WEB source. 

 (b) Changes in Owner and Operator. 

 (i) Within thirty days of any change in the owners and operators of the WEB source, 

including the addition of a new owner or operator, the account representative shall submit a revised 

certificate amending the list of owners and operators to include such change. 

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

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owners and operators submitted in the certificate, such new owner or operator shall be deemed to be 

subject to and bound by the certificate, the representations, actions, inactions, and submissions of the 

account representative of the WEB source, and the decisions, orders, actions, and inactions of the 

executive secretary as if the new owner or operator were included in the list. 

R307-250-6. Registration.

 (1) Deadlines. 

 (a) Each source that is a WEB source on or before the program trigger date shall register by 

submitting the initial certificate required in R307-250-5(2) to the executive secretary no later than 

180 days after the program trigger date. 

 (b) Any existing source that becomes a WEB source after the program trigger date shall 

register by submitting the initial certificate required in R307-250-5(2) to the executive secretary no 

later than September 30 of the year following the inventory year in which the source exceeded the 

100 tons sulfur dioxide emission threshold in R307-250-4(1)(b). 

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

R307-250-5(2) to the executive secretary prior to commencing operation. 

 (2) Any allocation, transfer or deduction of allowances to or from the source's compliance 

account shall not require a revision of the WEB source's operating permit under R307-415. 

R307-250-7. Allowance Allocations.

 (1) The TSA will record the allowances for each WEB source in the source's compliance 

account once the allowances are allocated by the executive secretary under SIP Section XX.E.3.a 

through c. If applicable, the TSA will record a portion of the sulfur dioxide allowances for a WEB 

source in a special reserve compliance account to account for any allowances to be held by the 

source that conducts monitoring in accordance with R307-250-9(1)(b). 

 (2) The TSA will assign a serial number to each allowance in accordance with SIP Section 

XX.E.3.f. 

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

determine the number of whole allowances, the number of allowances shall be rounded down for 

decimals less than 0.50 and rounded up for decimals of 0.50 or greater. 

 (4) An allowance is not a property right, and is a limited authorization to emit one ton of 

sulfur dioxide valid only for the purpose of meeting the requirements of R307-250. No provision of 

the WEB Trading Program or other law should be construed to limit the authority of the executive 

secretary to terminate or limit such authorization. 

 (5) Early Reduction Bonus Allocation. Any non-utility WEB source that installs new 

control technology and that reduces its permitted annual sulfur dioxide emissions to a level that is 

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

utility that reduces its permitted annual sulfur dioxide emissions to a level that is below best 

available control technology may apply to the executive secretary for an early reduction bonus 

allocation. The bonus allocation shall be available for reductions that occur between 2003 and the 

program trigger year. The application must be submitted no later than 90 days after the program 

trigger date. Any WEB source that applies and receives early reduction bonus allocations must retain 

the records referenced in this section for a minimum of five years after the early reduction bonus 

allowance is certified in accordance with SIP Section XX.E.3.a(1)(c). The application for an early 

reduction bonus allocation must contain the following information: 

 (a) copies of all approval orders, operating permits or other enforceable documents that 

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

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

must contain monitoring requirements for sulfur dioxide emissions that meet the specifications in 

R307-250-9(1)(a). 

 (b) demonstration that the floor level established for the source in SIP Section 

XX.E.3.a(1)(b)(i) for non-utilities or best available control technology for utilities was calculated 

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

demonstration shall include a new floor level calculation that is consistent with the monitoring 

methodology in R307-250-9. 

 (6) Request for Allowances for New WEB Sources or Modified WEB Sources. 

 (a) A new WEB source may apply to the executive secretary for an allocation from the new 

source set-aside, as outlined in SIP Section XX.E.3.c. A new WEB source is eligible for an annual 

floor allocation equal to the lower of the permitted annual sulfur dioxide emission limit for that 

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

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

beginning with the first full calendar year of operation. 

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

order issued under R307-401 may apply to the executive secretary for an allocation from the new 

source set-aside, as outlined in SIP Section XX.E.3.c. An existing WEB source is eligible for an 

annual allocation equal to: 

 (i) the permitted annual sulfur dioxide emission limit for a new unit; or 

 (ii) the permitted annual sulfur dioxide emission increase for the WEB source due to the 

replacement of an existing unit with a new unit or the modification of an existing unit that increased 

production capacity of the WEB source. 

 (c) A source that has received a retired source exemption under R307-250-4(4) is not 

eligible for an allocation from the new source set-aside. 

 (d) The application for an allocation from the new source set-aside must contain the 

following: 

 (i) for a new WEB source or a new unit under R307-250-7(6)(b)(i), documentation of the 

actual date of the commencement of operation and a copy of the approval order issued under R307-

401; 

 (ii) for an existing WEB source under R307-250-7(6)(b)(ii), documentation of the 

production capacity of the source before and after the new permit. 

R307-250-8. Establishment of Accounts.

 (1) WEB EATS. All WEB sources are required to open a compliance account. Any person 

may open a general account for the purpose of holding and transferring allowances. In addition, if a 

WEB source conducts monitoring under R307-250-9(1)(b), the WEB source shall open a special 

reserve compliance account for allowances associated with units monitored under those provisions. 

To open any type of account, an application that contains the following information must be 

submitted to the TSA: 

 (a) the name, mailing address, e-mail address, telephone number, and facsimile number of 

the account representative. For a compliance account, the application shall include a copy of the 

certificatefor the account representative and any alternate as required in R307-250-5(2)(b). For a 

general account, the application shall include the certificate for the account representative and any 

alternate as required in (3)(b) below. 

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 (b) the WEB source or organization name; 

 (c) the type of account to be opened; 

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

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

account; and 

 (e) a signed certification of truth and accuracy by the account representative according to 

R307-250-5(3)(b) for compliance accounts and for general accounts, certification of truth and 

accuracy by the account representative according to (4) below. 

 (2) Account Representative for General Accounts. For a general account, one account 

representative must be identified and an alternate account representative may be identified and may 

act on behalf of the account representative. Any representation, action, inaction or submission by the 

alternate account representative will be deemed to be a representation, action, inaction or submission 

by the account representative. 

 (3) Identification and Certification of an Account Representative for General Accounts. 

 (a) The account representative shall be appointed by an agreement that makes the 

representations, actions, inactions or submissions of the account representative binding on all 

persons who have an ownership interest with respect to allowances held in the general account. 

 (b) The account representative shall submit to the TSA a signed and dated certificate that 

contains the following elements: 

 (i) the name, address, e-mail (if available), telephone and facsimile number of the account 

representative and any alternate; 

 (ii) the organization name, if applicable; 

 (iii) the following certification statement: "I certify that I was selected as the account 

representative or alternate account representative, as applicable, by an agreement binding on all 

persons who have an ownership interest in allowances in the general account with regard to matters 

concerning the general account. I certify that I have all the necessary authority to carry out my 

duties and responsibilities under the WEB Trading Program on behalf of said persons and that each 

such person shall be fully bound by my representations, actions, inactions, or submissions." 

 (c) Upon receipt by the TSA of the complete certificate, the account representative 

represents and, by his or her representations, actions, inactions, or submissions, legally binds each 

person who has an ownership interest in allowances held in the general account with regard to all 

matters concerning the general account. Such persons shall be bound by any decision or order issued 

by the executive secretary. 

 (d) A WEB EATS general account shall not be established until the TSA has received a 

complete certificate. Once the account is established, the account representative shall make all 

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

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

general account shall be signed and certified by the account representative for the general account. 

Each submission shall include the following truth and accuracy certification statement by the 

account representative: "I am authorized to make this submission on behalf of all person who have 

an ownership interest in allowances held in the general account. I certify under penalty of law that I 

have personally examined, and am familiar with, the statements and information submitted in this 

document and all its attachments. Based on my inquiry of those individuals with primary 

responsibility for obtaining the information, I certify that the statements and information are to the 

best of my knowledge and belief true, accurate, and complete. I am aware that there are significant 

penalties for submitting false statements and information or omitting required statements and 

<167>
information, including the possibility of fine or imprisonment." 

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

or alternate account representative may be changed at any time by sending a complete superseding 

certificate to the executive secretary and the TSA under (3)(b) above. The change will take effect 

upon the receipt of the certificate by the TSA. Notwithstanding any such change, all representations, 

actions, inactions, and submissions by the previous account representative or alternate prior to the 

time and date when the TSA receives the superseding certificate shall be binding on the new account 

representative and all persons having ownership interest with respect to allowances held in the 

general account. 

 (6) Changes to the Account. Any change to the information required in the application for 

an existing account under (1) above shall require a revision of the application. 

R307-250-9. Monitoring, Recordkeeping and Reporting.

 (1) General Requirements on Monitoring Methods. 

 (a) For each sulfur dioxide emitting unit at a WEB source the WEB source shall comply 

with the following, as applicable, to monitor and record sulfur dioxide mass emissions. 

 (i) If a unit is subject to 40 CFR Part 75 under a requirement separate from the WEB 

Trading Program, the unit shall meet the requirements contained in Part 75 with respect to 

monitoring, recording and reporting sulfur dioxide mass emissions. 

 (ii) If a unit is not subject to 40 CFR Part 75 under a requirement separate from the WEB 

Trading Program, a unit shall use one of the following monitoring methods, as applicable: 

 (A) a continuous emission monitoring system (CEMS) for sulfur dioxide and flow that 

complies with all applicable monitoring provisions in 40 CFR Part 75; 

 (B) if the unit is a gas- or oil-fired combustion device, the excepted monitoring 

methodology in Appendix D to 40 CFR Part 75, or, if applicable, the low mass emissions (LME) 

provisions (with respect to sulfur dioxide mass emissions only) of 40 CFR 75.19; 

 (C) one of the optional WEB protocols, if applicable, in Appendix B of State 

Implementation Plan Section XX, Regional Haze; or 

 (D) a petition for site-specific monitoring that the source submits for approval by the 

executive secretary and approval by the U.S. Environmental Protection Agency in accordance with 

R307-250-9(9). 

 (iii) A permanently retired unit shall not be required to monitor under this section if such 

unit was permanently retired and had no emissions for the entire control period and the account 

representative certifies in accordance with R307-250-12(2) that these conditions were met. 

 (b) Notwithstanding (a) above, a WEB source with a unit that meets one of the conditions of 

(i) below may submit a request to the executive secretary to have the provisions of this subsection 

(b) apply to that unit. 

 (i) Any of the following units may implement this subsection (b): 

 (A) any smelting operation where all of the emissions from the operation are not ducted to a 

stack; or 

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

petroleum refinery; or 

 (C) any other type of unit without add-on sulfur dioxide control equipment, if the unit 

belongs to one of the following source categories: cement kilns, pulp and paper recovery furnaces, 

lime kilns, or glass manufacturing. 

 (ii) For each unit covered by this subsection (b), the account representative shall submit a 

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notice to request that this subsection (b) apply to one or more sulfur dioxide emitting units at a WEB 

source. The notice shall be submitted in accordance with the deadlines specified in R307-250-

9(6)(a), and shall include the following information (in a format specified by the executive secretary 

with such additional, related information as may be requested): 

 (A) a list of all units at the WEB source that identifies the units that are to be covered by this 

subsection (b); 

 (B) an identification of any such units that are permanently retired. 

 (iii) For each new unit at an existing WEB source for which the WEB source seeks to 

comply with this subsection (b) and for which the account representative applies for an allocation 

under the new source set-aside provisions of R307-250-7(6), the account representative shall submit 

a modified notice under (ii) above that includes such new sulfur dioxide emitting units. The 

modified request shall be submitted in accordance with the deadlines in R307-250-9(6)(a), but no 

later than the date on which a request is submitted under R307-250-7(6) for allocations from the setaside. 

 (iv) The account representative for a WEB source shall submit an annual emissions 

statement for each unit under this subsection (b) pursuant to R307-250-9(8). The WEB source shall 

maintain operating records sufficient to estimate annual sulfur dioxide emissions in a manner 

consistent with the emission inventory submitted by the source for calendar year 2006. In addition, if 

the estimated emissions from all such units at the WEB source are greater than the allowances for 

the current control year held in the special reserve compliance account for the WEB source, the 

account representative shall report the extra amount as part of the annual report for the WEB source 

under R307-250-12 and shall obtain and transfer allowances into the special reserve compliance 

account to account for such emissions. 

 (v) R307-250-9(2) - (10) shall not apply to units covered by this paragraph except where 

otherwise noted. 

 (vi) A WEB source may opt to modify the monitoring for a sulfur dioxide emitting unit to 

use monitoring under (a) above, but any such monitoring change must take effect on January 1 of the 

next compliance year. In addition, the account representative must submit an initial monitoring plan 

at least 180 days prior to the date on which the new monitoring will take effect and a detailed 

monitoring plan in accordance with (2) below. The account representative shall also submit a 

revised notice under R307-250-9(1)(b)(ii) at the same time that the initial monitoring plan is 

submitted. 

 (c) For any monitoring method that the WEB source uses under R307-250-9 including (b) 

above, the WEB source shall install, certify, and operate the equipment in accordance with this 

section, and record and report the data from the method as required in this section. In addition, the 

WEB source may not: 

 (i) except for an alternative approved by the EPA Administrator for a WEB source that 

implements monitoring under (a) above, use an alternative monitoring system, alternative reference 

method or another alternative for the required monitoring method without having obtained prior 

written approval in accordance with (9) below; 

 (ii) operate a sulfur dioxide emitting unit so as to discharge, or allow to be discharged, sulfur 

dioxide emissions to the atmosphere without accounting for these emissions in accordance with the 

applicable provisions of this section; 

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

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

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

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performed in accordance with the applicable provisions of this section; or 

 (iv) retire or permanently discontinue use of an approved monitoring method, except under 

one of the following circumstances: 

 (A) during a period when the unit is exempt from the requirements of this Section, including 

retirement of a unit as addressed in (a)(iii) above; 

 (B) the WEB source is monitoring emissions from the unit with another certified monitoring 

method approved under this Section for use at the unit that provides data for the same parameter as 

the retired or discontinued monitoring method; or 

 (C) the account representative submits notification of the date of certification testing of a 

replacement monitoring system in accordance with this Section, and the WEB source recertifies 

thereafter a replacement monitoring system in accordance with the applicable provisions of this 

Section. 

 (2) Monitoring Plan. 

 (a) General Provisions. A WEB source with a sulfur dioxide emitting unit that uses a 

monitoring method under (1)(a)(ii) above shall meet the following requirements. 

 (i) Prepare and submit to the executive secretary an initial monitoring plan for each 

monitoring method that the WEB source uses to comply with this Section. In accordance with (c) 

below, the plan shall contain sufficient information on the units involved, the applicable method, and 

the use of data derived from that method to demonstrate that all unit sulfur dioxide emissions are 

monitored and reported. The plan shall be submitted in accordance with the deadlines specified in 

(6) below. 

 (ii) Prepare, maintain and submit to the executive secretary a detailed monitoring plan in 

accordance with the deadlines specified in (6) below. The plan will contain the applicable 

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

portions of it be submitted electronically. The executive secretary may also require that the plan be 

submitted on an ongoing basis in electronic format as part of the quarterly report submitted under 

(8)(a) below or resubmitted separately within 30 days after any change is made to the plan in 

accordance with (iii) below. 

 (iii) Whenever a WEB source makes a replacement, modification, or change in one of the 

systems or methodologies provided for in (1)(a)(ii) above, including a change in the automated data 

acquisition and handling system or in the flue gas handling system, that affects information reported 

in the monitoring plan, such as a change to serial number for a component of a monitoring system, 

then the WEB source shall update the monitoring plan. 

 (b) A WEB source with a sulfur dioxide emitting unit that uses a method under (1)(a)(i) 

above shall meet the requirements of this subsection (2) by preparing, maintaining and submitting a 

monitoring plan in accordance with the requirements of 40 CFR Part 75. If requested, the WEB 

source also shall submit the entire monitoring plan to the executive secretary. 

 (c) Initial Monitoring Plan. The account representative shall submit an initial monitoring 

plan for each sulfur dioxide emitting unit or group of units sharing a common methodology that, 

except as otherwise specified in an applicable provision in Appendix B of State Implementation Plan 

Section XX, contains the following information: 

 (i) For all sulfur dioxide emitting units: 

 (A) plant name and location; 

 (B) plant and unit identification numbers assigned by the executive secretary; 

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

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

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 (E) types of fuels fired or sulfur containing process materials used in the sulfur dioxide 

emitting unit, and the fuel classification of the unit if combusting more than one type of fuel and 

using a 40 CFR Part 75 methodology; 

 (F) types of emissions controls for sulfur dioxide installed or to be installed, including 

specifications of whether such controls are pre-combustion, post-combustion, or integral to the 

combustion process; 

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

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

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

 (ii) For each unit and parameter required to be monitored, identification of monitoring 

methodology information, consisting of monitoring methodology, monitor locations, substitute data 

approach for the methodology, and general identification of quality assurance procedures. If the 

proposed methodology is a specific methodology submitted pursuant to (1)(a)(ii)(D) above, the 

description under this paragraph shall describe fully all aspects of the monitoring equipment, 

installation locations, operating characteristics, certification testing, ongoing quality assurance and 

maintenance procedures, and substitute data procedures. 

 (iii) If a WEB source intends to petition for a change to any specific monitoring requirement 

otherwise required under this Section, such petition may be submitted as part of the initial 

monitoring plan. 

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

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

monitoring in this Section. 

 (d) Detailed Monitoring Plan. The account representative shall submit a detailed monitoring 

plan that, except as otherwise specified in an applicable provision in Appendix C of State 

Implementation Plan Section XX, the Regional Haze SIP, shall contain the following information: 

 (i) Identification and description of each monitoring component (including each monitor and 

its identifiable components, such as analyzer or probe) in a continuous emissions monitoring system 

(e.g., sulfur dioxide pollutant concentration monitor, flow monitor, moisture monitor), a 40 CFR Part 

75, Appendix D monitoring system (e.g., fuel flowmeter, data acquisition and handling system), or a 

protocol in Appendix B of SIP Section XX, including: 

 (A) manufacturer, model number and serial number; 

 (B) component and system identification code assigned by the facility to each identifiable 

monitoring component, such as the analyzer and/or probe; 

 (C) designation of the component type and method of sample acquisition or operation such 

as in situ pollutant concentration monitor or thermal flow monitor; 

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

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

 (F) status of the monitoring component; and 

 (G) parameter monitored. 

 (ii) Identification and description of all major hardware and software components of the 

automated data acquisition and handling system, including: 

 (A) hardware components that perform emission calculations or store data for quarterly 

reporting purposes, including the manufacturer and model number; and 

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

 (iii) Explicit formulas for each measured emissions parameter, using component or system 

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

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observations with the reported concentrations and mass emissions. The formulas must contain all 

constants and factors required to derive mass emissions from component or system code 

observations and an indication of whether the formula is being added, corrected, deleted, or is 

unchanged. The WEB source with a low mass emissions unit for which the WEB source is using the 

optional low mass emissions excepted methodology in 40 CFR Part 75.19(c) is not required to report 

such formulas. 

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

flow monitoring location. 

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

scale, maximum potential concentration and method of calculation, maximum expected 

concentration, if applicable, and method of calculation, maximum potential flow rate and method of 

calculations, span value, full-scale range, daily calibration units of measure, span effective date and 

hour, span inactivation date and hour, indication of whether dual spans are required, default high 

range value, flow rate span, and flow rate span value and full scale value in standard cubic feet per 

hour for each unit or stack using sulfur dioxide or flow component monitors. 

 (vi) If the monitoring system or excepted methodology provides for use of a constant, 

assumed, or default value for a parameter under specific circumstances, then include the following 

information for each value of such parameter: 

 (A) identification of the parameter; 

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

 (C) purpose of the value; 

 (D) indicator of use during controlled and uncontrolled hours; 

 (E) types of fuel; 

 (F) source of the value; 

 (G) value effective date and hour; 

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

 (I) for units using the excepted methodology under 40 CFR 75.19, the applicable sulfur 

dioxide emission factor. 

 (vii) Unless otherwise specified in subsection 6.5.2.1 of Appendix A to 40 CFR Part 75, for 

each unit or common stack on which continuous emissions monitoring system hardware are 

installed: 

 (A) the upper and lower boundaries of the range of operation as defined in subsection 

6.5.2.1 of Appendix A to 40 CFR Part 75, or thousands of pounds per hour (lb/hr) of steam, or feet 

per second (ft/sec), as applicable; 

 (B) the load or operating level(s) designated as normal in subsection 6.5.2.1 of Appendix A 

to 40 CFR Part 75, or thousands of lb/hr of steam, or ft/sec, as applicable; 

 (C) the two load or operating levels (i.e., low, mid, or high) identified in subsection 6.5.2.1 

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

 (D) the date of the data analysis used to determine the normal load (or operating) level(s) 

and the two most frequently-used load or operating levels; and 

 (E) activation and deactivation dates when the normal load or operating levels change and 

are updated. 

 (viii) For each unit that is complying with 40 CFR Part 75 for which the optional fuel flowto-load test in subsection 2.1.7 of Appendix D to 40 CFR Part 75 is used: 

 (A) the upper and lower boundaries of the range of operation as defined in subsection 

6.5.2.1 of Appendix A to 40 CFR Part 75, expressed in thousands of lb/hr of steam; 

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 (B) the load level designated as normal, pursuant to subsection 6.5.2.1 of Appendix A to 40 

CFR Part 75, expressed in thousands of lb/hr of steam; and 

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

 (ix) Information related to quality assurance testing, including, as applicable: identification 

of the test strategy; protocol for the relative accuracy test audit; other relevant test information; 

calibration gas levels expressed as percent of span for the calibration error test and linearity check; 

and calculations for determining maximum potential concentration, maximum expected 

concentration if applicable, maximum potential flow rate, and span. 

 (x) If applicable, apportionment strategies under sections 75.10 through 75.18 of 40 CFR 

Part 75. 

 (xi) Description of site locations for each monitoring component in a monitoring system, 

including schematic diagrams and engineering drawings and any other documentation that 

demonstrates each monitor location meets the appropriate siting criteria. For units monitored by a 

continuous emission monitoring system, diagrams shall include: 

 (A) a schematic diagram identifying entire gas handling system from unit to stack for all 

units, using identification numbers for units, monitor components, and stacks corresponding to the 

identification numbers provided in the initial monitoring plan and (i) and (iii) above. The schematic 

diagram must depict the height of any monitor locations. Comprehensive and/or separate schematic 

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

 (B) stack and duct engineering diagrams showing the dimensions and locations of fans, 

turning vanes, air preheaters, monitor components, probes, reference method sampling ports, and 

other equipment that affects the monitoring system location, performance, or quality control checks. 

 (xii) A data flow diagram denoting the complete information handling path from output 

signals of CEMS components to final reports. 

 (e) In addition to supplying the information in (c) and (d) above, the WEB source with a 

sulfur dioxide emitting unit using either of the methodologies in (1)(a)(ii)(B) above shall include the 

following information in its monitoring plan for the specific situations described: 

 (i) For each gas-fired or oil-fired sulfur dioxide emitting unit for which the WEB source 

uses the optional protocol in Appendix D to 40 CFR Part 75 for sulfur dioxide mass emissions, the 

Account Representative shall include the following information in the monitoring plan: 

 (A) parameter monitored; 

 (B) type of fuel measured, maximum fuel flow rate, units of measure, and basis of 

maximum fuel flow rate expressed as the upper range value or unit maximum for each fuel 

flowmeter; 

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

 (D) submission status of the data; 

 (E) monitoring system identification code; 

 (F) the method used to demonstrate that the unit qualifies for monthly gross calorific value 

(GCV) sampling or for daily or annual fuel sampling for sulfur content, as applicable; 

 (G) a schematic diagram identifying the relationship between the unit, all fuel supply lines, 

the fuel flowmeters, and the stacks. The schematic diagram must depict the installation location of 

each fuel flowmeter and the fuel sampling locations. Comprehensive or separate schematic diagrams 

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

 (H) for units using the optional default sulfur dioxide emission rate for "pipeline natural gas" 

or "natural gas" in appendix D to 40 CFR Part 75, the information on the sulfur content of the 

gaseous fuel used to demonstrate compliance with either subsection 2.3.1.4 or 2.3.2.4 of Appendix D 

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to 40 CFR Part 75; 

 (I) for units using the 720 hour test under subsection 2.3.6 of Appendix D to 40 CFR Part 75 

to determine the required sulfur sampling requirements, report the procedures and results of the test; 

and 

 (J) for units using the 720 hour test under subsection 2.3.5 of Appendix D to 40 CFR Part 75 

to determine the appropriate fuel GCV sampling frequency, report the procedures used and the 

results of the test. 

 (ii) For each sulfur dioxide emitting unit for which the WEB source uses the low mass 

emission excepted methodology of 40 CFR 75.19, the WEB source shall include the information in 

(A) through (F) in the monitoring plan that accompanies the initial certification application. 

 (A) The results of the analysis performed to qualify as a low mass emissions unit under 40 

CFR 75.19(c). This report will include either the previous three years' actual or projected emissions. 

The report will include the current calendar year of application; the type of qualification; years one, 

two, and three; annual measured, estimated or projected sulfur dioxide mass emissions for years one, 

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

 (B) A schematic diagram identifying the relationship between the unit, all fuel supply lines 

and tanks, any fuel flowmeters, and the stacks. Comprehensive or separate schematic diagrams shall 

be used to describe groups of units using a common pipe. 

 (C) For units which use the long term fuel flow methodology under 40 CFR 75.19(c)(3), a 

diagram of the fuel flow to each unit or group of units and a detailed description of the procedures 

used to determine the long term fuel flow for a unit or group of units for each fuel combusted by the 

unit or group of units. 

 (D) A statement that the unit burns only gaseous fuels or fuel oil and a list of the fuels that 

are burned or a statement that the unit is projected to burn only gaseous fuels or fuel oil and a list of 

the fuels that are projected to be burned. 

 (E) A statement that the unit meets the applicability requirements in 40 CFR 75.19(a) and 

(b) with respect to sulfur dioxide emissions. 

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

calculated sulfur dioxide emissions data demonstrating that the unit qualifies as a low mass 

emissions unit under 40 CFR 75.19(a) and (b). 

 (iii) For each gas-fired unit, the account representative shall include the following in the 

monitoring plan: current calendar year, fuel usage data as specified in the definition of gas-fired in 

40 CFR 72.2, and an indication of whether the data are actual or projected data. 

 (f) The specific elements of a monitoring plan under this section shall not be part of a WEB 

source's operating permit issued under R307-415, and modifications to the elements of the plan shall 

not require a permit modification. 

 (3) Certification and Recertification. 

 (a) All monitoring systems are subject to initial certification and recertification testing as 

specified in 40 CFR Part 75 or Appendix B of State Implementation Plan Section XX, as applicable. 

Certification or recertification of a monitoring system by the U.S. EPA for a WEB source that is 

subject to 40 CFR Part 75 under a requirement separate from this Rule shall constitute certification 

under the WEB Trading Program. 

 (b) The WEB source with a sulfur dioxide emitting unit not otherwise subject to 40 CFR 

Part 75 that monitors sulfur dioxide mass emissions in accordance with 40 CFR Part 75 to satisfy the 

requirements of this section shall perform all of the tests required by that regulation and shall submit 

the following to the executive secretary: 

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 (i) a test notice, not later than 21 days before the certification testing of the monitoring 

system, provided that the executive secretary may establish additional requirements for adjusting test 

dates after this notice as part of the approval of the initial monitoring plan under (2)(c) above; and 

 (ii) an initial certification application within 45 days after testing is complete. 

 (c) A monitoring system will be considered provisionally certified while the application is 

pending. 

 (d) Upon receipt of a disapproval of the certification of a monitoring system or component, 

the certification is revoked. The data measured and recorded shall not be considered valid qualityassured data from the date of issuance of the notification of revocation until the WEB source 

completes a subsequently-approved certification or re-certification test in accordance with the 

procedures in this rule. The WEB source shall apply the substitute data procedures in this rule to 

replace all of the invalid data for each disapproved system or component. 

 (4) Ongoing Quality Assurance and Quality Control. The WEB source shall satisfy the 

applicable quality assurance and quality control requirements of 40 CFR Part 75 or, if the WEB 

source is subject to a WEB protocol in Appendix B of State Implementation Plan Section XX, the 

applicable quality assurance and quality control requirements in Appendix B of State 

Implementation Plan Section XX on and after the date that certification testing commences. 

 (5) Substitute Data Procedures. 

 (a) For any period after certification testing is complete in which quality assured, valid data 

are not being recorded by a monitoring system certified and operating in accordance with R307-250, 

missing or invalid data shall be replaced with substitute data in accordance with 40 CFR Part 75 or, 

if the WEB source is subject to a WEB protocol in Appendix B of State Implementation Plan 

Section XX, with substitute data in accordance with that Appendix. 

 (b) For a sulfur dioxide emitting unit that does not have a certified or provisionally certified 

monitoring system in place as of the beginning of the first control period for which the unit is subject 

to the WEB Trading Program, the WEB source shall use one of the following procedures. 

 (i) If the WEB source will use a continuous emissions monitoring system to comply with 

this Section, substitute the maximum potential concentration of sulfur dioxide for the unit and the 

maximum potential flow rate, as determined in accordance with 40 CFR Part 75. The procedures for 

conditional data validation under section 75.20(b)(3) may be used for any monitoring system under 

this Rule that uses these 40 CFR Part 75 procedures, as applicable. 

 (ii) If the WEB source will use the 40 CFR Part 75 Appendix D methodology, substitute the 

maximum potential sulfur content, density or gross calorific value for the fuel and the maximum 

potential fuel flow rate, in accordance with section 2.4 of Appendix D to 40 CFR Part 75. 

 (iii) If the WEB source will use the 40 CFR Part 75 methodology for low mass emissions 

units, substitute the sulfur dioxide emission factor required for the unit as specified in 40 CFR 75.19 

and the maximum rated hourly heat input, as defined in 40 CFR 72.2. 

 (iv) If using a protocol in Appendix B of State Implementation Plan Section XX, follow the 

procedures in the applicable protocol. 

 (6) Deadlines. 

 (a) The initial monitoring plan required under R307-250-9(2)(a)(i) shall be submitted by the 

following dates: 

 (i) for each source that is a WEB source on or before the program trigger date, the 

monitoring plan shall be submitted 180 days after such program trigger date. 

 (ii) for any existing source that becomes a WEB source after the program trigger date, the 

monitoring plan shall be submitted by September 30 of the year following the inventory year in 

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which the source exceeded the 100 tons per year sulfur dioxide emissions threshold in R307-250-

4(1)(b). 

 (iii) for any new WEB source, the monitoring plan shall be included with the notice of intent 

required by R307-401. 

 (b) The detailed monitoring plan required under R307-250-9(2)(a)(ii) shall be submitted no 

later than 45 days prior to commencing certification testing in accordance with (c) below. 

Modifications to the monitoring plan shall be submitted within 90 days of implementing revised 

monitoring plans. 

 (c) Emission monitoring systems shall be installed, operational and shall have met all of the 

certification testing requirements of R307-250-9(3), including any referenced in Appendix B of 

State Implementation Plan Section XX, by the following dates: 

 (i) for each source that is a WEB source on or before the program trigger date, two years 

prior to the start of the first control period as described in R307-250-12. 

 (ii) for any existing source that becomes a WEB source after the program trigger date, one 

year after the due date for the monitoring plan under (6)(a)(ii) above. 

 (iii) for any new WEB source or any new unit at a WEB source, the earlier of 90 unit 

operating days or 180 calendar days after the date the new source commences operation. 

 (d) The WEB source shall submit test notices and certification applications in accordance 

with the deadlines set forth in R307-250-9(3)(b). 

 (e) For each control period, the WEB source shall submit each quarterly report no later than 

30 days after the end of each calendar quarter, and shall submit each annual report no later than 60 

days after the end of each calendar year. 

 (7) Recordkeeping. 

 (a) The WEB source shall keep copies of all reports, registration materials, compliance 

certifications, sulfur dioxide emissions data, quality assurance data, and other submissions under this 

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

the duration of the WEB Trading Program. Unless otherwise requested by the WEB source and 

approved by the executive secretary, the copies shall be kept on site. 

 (b) The WEB source shall keep records of all operating hours, quality assurance activities, 

fuel sampling measurements, hourly averages for sulfur dioxide, stack flow, fuel flow, or other 

continuous measurements, as applicable, and any other applicable data elements specified in this 

section or in Appendix B of State Implementation Plan Section XX. The WEB source shall maintain 

the applicable records specified in 40 CFR Part 75 for any sulfur dioxide emitting unit that uses a 

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

 (8) Reporting. 

 (a) Quarterly Reports. For each sulfur dioxide emitting unit, the account representative shall 

submit a quarterly report within thirty days after the end of each calendar quarter. The report shall be 

in a format specified by the executive secretary, including hourly and quality assurance activity 

information, and shall be submitted in a manner compatible with the WEB EATS. If the WEB 

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

additional report under this paragraph (a) shall be required. The executive secretary may require that 

a copy of that report or a separate statement of quarterly and cumulative annual sulfur dioxide mass 

emissions be submitted separately. 

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

statement of total annual sulfur dioxide emissions for all sulfur dioxide emitting units at the source. 

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

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above and the total emissions for all units with emissions estimated in accordance with (1)(b) above. 

The annual report shall be submitted within 60 days after the end of a control period. 

 (c) If directed by the executive secretary, monitoring plans, reports, certifications or 

recertifications, or emissions data required to be submitted under this section also shall be submitted 

to the TSA. 

 (d) If the executive secretary rejects any report submitted under this subsection that contains 

errors or fails to satisfy the requirements of this section, the account representative shall resubmit the 

report to correct any deficiencies. 

 (9) Petitions. A WEB source may petition for an alternative to any requirement specified in 

(1)(a)(ii) above. The petition shall require approval of the executive secretary and the Administrator. 

Any petition submitted under this paragraph shall include sufficient information for the evaluation of 

the petition, including, at a minimum, the following information: 

 (a) identification of the WEB source and applicable sulfur dioxide emitting unit(s); 

 (b) a detailed explanation of why the proposed alternative is being suggested in lieu of the 

requirement; 

 (c) a description and diagram of any equipment and procedures used in the proposed 

alternative, if applicable; and 

 (d) a demonstration that the proposed alternative is consistent with the purposes of the 

requirement for which the alternative is proposed, is consistent with the purposes of R307-250, and 

that any adverse effect of approving such alternative will be de minimis; and 

 (e) any other relevant information that the executive secretary may require. 

 (10) For any monitoring plans, reports, or other information submitted under this Rule, the 

account representative shall ensure that, where applicable, identifying information is consistent with 

the identifying information provided in the most recent certificate for the WEB source submitted 

under R307-250-5. 

R307-250-10. Allowance Transfers.

 (1) Procedure. To transfer allowances, the account representative shall submit the following 

information to the TSA: 

 (a) the number or numbers identifying the transferor account; 

 (b) the number or numbers identifying the transferee account; 

 (c) the serial number of each allowance to be transferred; and 

 (d) the transferor's account representative's name, signature, and the date of submission. 

 (2) Allowance Transfer Deadline. The allowance transfer deadline is midnight Pacific 

Standard Time on March 1 of each year, or, if this date is not a business day, midnight of the first 

business day thereafter, following the end of the control period. By this time, the transfer of the 

allowances into the WEB source's compliance account must be correctly submitted to the TSA in 

order to demonstrate compliance under R307-250-12 for that control period. 

 (3) Retirement of Allowances. To permanently retire allowances, the transferor's account 

representative shall submit the following information to the TSA: 

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

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

 (c) the transferor's account representative's name, signature, and the date of submission 

accompanied by a signed statement acknowledging that each retired allowance is no longer available 

for future transfers from or to any account. 

 (4) Special Reserve Compliance Accounts. Allowances shall not be transferred out of 

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special reserve compliance accounts. Allowances may be transferred into special reserve 

compliance accounts in accordance with the procedures in paragraph (1) above. 

R307-250-11. Use of Allowances from a Previous Year.

 (1) Any allowance that is held in a compliance account or general account will remain in the 

account until the allowance is either deducted in conjunction with the compliance process, or 

transferred to another account. 

 (2) In order to demonstrate compliance under R307-250-12(1) for a control period, WEB 

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

 (3) If flow control procedures for the current control period have been triggered as outlined 

in SIP Section XX.E.3.h(2), then the use of allowances that were allocated for any previous year will 

be limited in the following ways. 

 (a) The number of allowances that are held in each compliance account and general account 

as of the allowance transfer deadline for the immediately previous year and that were allocated for 

any previous year will be determined. 

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

established in accordance with SIP Section XX.E.3.h to determine the number of allowances that 

were allocated for a previous year that can be used without restriction for the current control period. 

 (c) Allowances that were allocated for a previous year in excess of the number determined 

in (b) above may also be used for the current control period. If such allowances are used to make a 

deduction, two allowances must be deducted for each deduction of one allowance required under 

R307-250-12. 

 (4) Special provisions for the year 2018. After compliance with the 2017 allowance 

limitation has been determined in accordance with R307-250-12(1), allowances allocated for any 

year prior to 2018 shall not be used for determining compliance with the 2018 allowance limitation 

or any future allowance limitation. 

 (5) Special Reserve Compliance Accounts. Unused allowances in any special reserve 

compliance account will be retired after the compliance deductions under R307-250-12 have been 

completed for each control period, and shall not be available for use in any future control period. 

R307-250-12. Compliance.

 (1) Compliance with Allowance Limitations. 

 (a) The WEB source must hold allowances, in accordance with (b)and (c) below and R307-

250-11, as of the allowance transfer deadline in the WEB source's compliance account, together with 

any current control year allowances held in the WEB source's special reserve compliance account 

under R307-250-9(1)(b), in an amount not less than the total sulfur dioxide emissions for the control 

period from the WEB source, as determined under the monitoring and reporting requirements of 

R307-250-9. 

 (i) For each source that is a WEB source on or before the program trigger date, the first 

control period is the calendar year that is six years following the calendar year for which sulfur 

dioxide emissions exceeded the milestone as determined in accordance with SIP Section XX.E.1. 

 (ii) For any existing source that becomes a WEB source after the program trigger date, the 

first control period is the calendar year that is four years following the inventory year in which the 

source became a WEB source. 

 (iii) For any new WEB source after the program trigger date, the first control period is the 

first full calendar year that the source is in operation. 

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

procedures in SIP Section XX.E.1.d, the first control period for each source that is a WEB source on 

or before the program trigger date is the year 2018. 

 (b) Allowance transfer deadline. An allowance may only be deducted from the WEB 

source's compliance account if: 

 (i) the allowance was allocated for the current control period or meets the requirements in 

R307-250-11 for use of allowances from a previous control period, and 

 (ii) the allowance was held in the WEB source's compliance account as of the allowance 

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

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

current control period. 

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

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

that are monitored under R307-250-9(1)(b), as reported by the source to the executive secretary, in 

accordance with R307-250-9, and recorded in the WEB EATS shall be compared to the allowances 

held in the source's special reserve compliance account as of the allowance transfer deadline for the 

current control period, adjusted in accordance with R307-250-11. If the emissions are equal to or 

less than the allowances in such account, all such allowances shall be retired to satisfy the obligation 

to hold allowances for such emissions. If the total emissions from such units exceed the allowances 

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

in the following paragraph (ii). 

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

source that are monitored under R307-250-9(1)(a), as reported by the source to the executive 

secretary in accordance with R307-250-9 and recorded in the WEB EATS, together with any excess 

emissions as calculated in the preceding paragraph (i), shall be compared to the allowances held in 

the source's compliance account as of the allowance transfer deadline for the current control period, 

adjusted in accordance with R307-250-11. 

 (iii) If the comparison in paragraph (ii) above results in emissions that exceed the 

allowances held in the source's compliance account, the source has exceeded its allowance limitation 

and the excess emissions are subject to the allowance deduction penalty in R307-250-12(3)(a). 

 (d) Other than allowances in a special reserve compliance account for units monitored under 

R307-250-9(1)(b), to the extent consistent with R307-250-11, allowances shall be deducted for a 

WEB source for compliance with the allowance limitation as directed by the WEB source's account 

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

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

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

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

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

reserve compliance account pursuant to R307-250-9(1)(b) shall be deducted as specified in 

paragraph (c)(i) above. 

 (2) Certification of Compliance. 

 (a) For each control period in which a WEB source is subject to the allowance limitation, 

the account representative of the source shall submit to the executive secretary a compliance 

certification report for the source. 

 (b) The compliance certification report shall be submitted no later than the allowance 

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

<179>
 (i) identification of each WEB source; 

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

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

with the allowance limitation; and 

 (iii) the compliance certification report according to (c) below. 

 (c) In the compliance certification report, the account representative shall certify, based on 

reasonable inquiry of those persons with primary responsibility for operating the WEB source in 

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

certification is submitted was operated in compliance with the requirements of the WEB Trading 

Program applicable to the source during the control period covered by the report, including: 

 (i) whether the WEB source operated in compliance with the sulfur dioxide allowance 

limitation; 

 (ii) whether sulfur dioxide emissions data was submitted to the executive secretary in 

accordance with R307-250-9(8) and other applicable requirements for review, revision as necessary, 

and finalization; 

 (iii) whether the monitoring plan for the WEB source has been maintained to reflect the 

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

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

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

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

appropriate missing data procedures; 

 (v) if applicable, whether any sulfur dioxide emitting unit for which the WEB source is not 

required to monitor in accordance with R307-250-9(1)(a)(iii) of this rule remained permanently 

retired and had no emissions for the entire applicable period; and 

 (vi) whether there were any changes in the method of operating or monitoring the WEB 

source that required monitor recertification. If there were any such changes, the report must specify 

the nature, reason, and date of the change, the method to determine compliance status subsequent to 

the change, and specifically, the method to determine sulfur dioxide emissions. 

 (3) Penalties for Any WEB Source Exceeding Its Allowance Limitations. 

 (a) Allowance Deduction Penalty. 

 (i) An allowance deduction penalty will be assessed equal to three times the number of the 

WEB source's tons of sulfur dioxide emissions in excess of its allowance limitation for a control 

period, determined in accordance with R307-250-12(1). Allowances allocated for the following 

control period in the amount of the allowance deduction penalty will be deducted from the source's 

compliance account. If the compliance account does not have sufficient allowances allocated for that 

control period, the required number of allowances will be deducted from the WEB source's 

compliance account regardless of the control period for which they were allocated, once allowances 

are recorded in the account. 

 (ii) Any allowance deduction required under R307-250-12(1)(c) shall not affect the liability 

of the owners and operators of the WEB source for any fine, penalty or assessment or their 

obligation to comply with any other remedy, for the same violation, as ordered under the Clean Air 

Act, implementing regulations or Utah Code 19-2. Accordingly, a violation can be assessed each day 

of the control period for each ton of sulfur dioxide emissions in excess of its allowance limitation, or 

for each other violation of R307-250. 

 (4) Liability. 

 (a) WEB Source liability for non-compliance. Separate and regardless of any allowance 

<180>
deduction penalty, a WEB source that violates any requirement of this Rule is subject to civil and 

criminal penalties under Utah Code 19-2. Each day of the control period is a separate violation, and 

each ton of sulfur dioxide emissions in excess of a source's allowance limitation is a separate 

violation. 

 (b) General Liability. 

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

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

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

will be subject to enforcement pursuant to Utah Code 19-2. 

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

or report under this WEB Trading Program shall be subject to criminal enforcement pursuant to the 

Utah Code. 

R307-250-13. Special Penalty Provisions for the 2018 Milestone.

 (1) If the WEB Trading Program is triggered as outlined in SIP Section XX.E.1, and the first 

control period will not occur until after the year 2018, the following provisions shall apply for the 

2018 emissions year. 

 (a) All WEB sources shall register, and shall open a compliance account within 180 days 

after the program trigger date, in accordance with R307-250-6(1) and R307-250-8. 

 (b) The TSA will record the allowances for the 2018 control period for each WEB source in 

the source's compliance account once the executive secretary allocates the 2018 allowances under 

SIP Section XX.E.3.a and XX.E.4. 

 (c) The allowance transfer deadline is midnight Pacific Standard Time on May 31, 2021 (or 

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

transfer allowances as provided in R307-250-10(1) until the allowance transfer deadline. 

 (d) A WEB source must hold allowances allocated for 2018, including those transferred into 

the compliance account or a special reserve account by an allowance transfer correctly submitted by 

the allowance transfer deadline, in an amount not less than the WEB source's total sulfur dioxide 

emissions for 2018. Emissions will be determined using the pre-trigger monitoring provisions in 

SIP Section XX.E.2, and R307-150 

 (e) In accordance with R307-250-11(4) and (d) above, the executive secretary will seek a 

minimum financial penalty of $5,000 per ton of sulfur dioxide emissions in excess of the WEB 

source's allowance limitation. 

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

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

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

violation. 

 (ii) Any source that does not resolve its excess emissions violation in accordance with the 

streamlined settlement approach in (i) above will be subject to enforcement action in which the 

executive secretary will seek a financial penalty for the excess emissions based on the statutory 

maximum civil penalties. 

 (f) Each ton of sulfur dioxide emissions in excess of a source's allowance limitation is a 

separate violation and each day of a control period is a separate violation. 

 (2) The provisions in R307-250-13 shall continue to apply for each year after the 2018 

emission year until: 

 (a) the first control period under the WEB trading program; or 

<181>
 (b) the executive secretary determines, in accordance with SIP Section XX.E.1.c(10), that 

the 2018 sulfur dioxide milestone has been met. 

 (3) If the special penalty provisions continue after the year 2018 as outlined in (2) above, the 

deadlines listed in (1)(b) through (e) above will be adjusted as follows: 

 (i) for the 2019 control period the dates will be adjusted forward by one year, except that the 

allowance transfer deadline shall be midnight Pacific Standard Time on May 31, 2021 (or if this date 

is not a business day, midnight of the first business day thereafter); and 

 (ii) for each control period after 2018 that the special penalty provisions are assessed, the 

dates in (i) above for the 2019 control period will be adjusted forward by one year. 

 (4) The TSA will record the same number of allowances for each WEB source as were 

recorded for the 2018 control period for each subsequent control period. 

R307-250-14. Integration into Permits.

 (1) Initial Permitting. Each source that is a WEB source on or before the program trigger 

date shall follow the procedures outlined in R307-415 to incorporate all of the applicable 

requirements of this rule into the permit issued to it under R307-415. 

 (2) Post Trigger Permitting. 

 (a) New WEB Source. Any existing source that becomes a WEB source after the program 

trigger date shall submit a Notice of Intent pursuant to R307-401 to incorporate all of the 

requirements of this rule into an approval order issued under R307-401 within 90 days of the date 

the source became a WEB source, and shall follow the procedures of R307-415 to obtain an 

operating permit. 

 (b) WEB Sources No Longer Subject to Permitting Under R307-415. If a WEB source's 

permit issued under R307-415 ceases to be effective or required, the WEB source must submit a 

Notice of Intent pursuant to R307-401 to incorporate all of the requirements of this rule into an 

approval order issued under R307-401 within 90 days of the date the permit issued under R307-415 

ceased to be effective or required. 

KEY: air pollution, sulfur dioxide, market trading program

Date of Enactment or Last Substantive Amendment: November 10, 2008

Notice of Continuation: February 8, 2008

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a); 19-2-104(3)(e)

<182>
Evaluation of Open Burning (20.11.21 NMAC) 

 

<183>
 [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 regulation was later replaced locally. 

The EPA approved the a revision to Title 20, Chapter 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 SIP revision. The 69 FR 

78312 consolidated rulemaking action was administrative in nature and mainly involved 

renaming, renumbering, and reformatting of Chapter 11 regulations. 

In a letter dated December 26, 2003 Governor of New Mexico, on behalf of the Albuquerque 

Environmental Health Department (AEHD) and 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 Governor of New Mexico, on behalf of the AEHD, submitted a 

revision to Part 21 of the New Mexico SIP for review 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 reduction techniques as control 

strategies for open burning-related 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 rule for evaluation purposes. We have evaluated 

each individual section through this underline strikethrough format in this TSD, and have 

determined that their adoption into the New Mexico SIP will enhance the enforcement and 

management of open burning-related 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 area. 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 concerning 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

<184>
20.11.21.1 ISSUING AGENCY: Albuquerque/ - Bernalillo County Air Quality Control Board. P.O. Box 

1293, Albuquerque, NM 87103. Telephone: (505) 768-26002601. 

[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 official administrative body responsible for this regulation. This 

reflects editorial changes of the new telephone number. This section should be approved.

20.11.21.2 SCOPE: 

A. This Part20.11.21 NMAC is applicable to sources within Bernalillo Countycounty. 

B. Exempt: This Part 20.11.21 NMAC does not apply to sources within Bernalillo County, 

whichcounty that are located on Indian lands over which the Albuquerque/ - Bernalillo County Air Quality 

Controlcounty air quality control board lacks jurisdiction. 

[12/1/95; 20.11.21.2 NMAC –- Rn, 20 NMAC 11.21.I.2, 10/101/02; A, 12/31/03; A, 7/11/11] 

This section sets forth the goal and applicability of this 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 Part20.11.21 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 SectionSections 3 and 4; and the Joint Air Quality 

Control Board Ordinance, Revised Ordinances of Albuquerque 1994 SectionSections 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 the 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. This 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 minimizeTo 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 adds the term “To ensure that 

<185>
all persons conduct open burning in a manner that prevents 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 

Part20.11.21 NMAC shall govern. 

Replaces the term “this part” to “20.11.21 NMAC”.

 A. “Commercial Agricultural Burningburning” means the burning of crop residues for field 

preparation or that is otherwise necessaryused for the production of a crop.

Removing the term “commercial” from 7A could have the effect that a larger number of 

agricultural burns become subject to this regulation. 

 B. “Alternative to burning” means a treatment employing manual, mechanical, chemical, or 

biological methods to manage vegetation or fuel loads, or land management practices that is sold by or used as 

feedtreat 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. Suggested alternatives to burning 

are listed in a registered agricultural business. Section 20.11.21.18 NMAC. 

Addition of a definition for “alternative to burning” could have the 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 material as compost or mulch, using it as animal bedding, for 

erosion control, etc. 

Introducing a definition for “Biomass utilization” could assist with better enforcement 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 “Broadcast 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.

<186>
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 this 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 designated 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 national park areas which exceed 6,000 acres in size and 

which were in existence on the date of enactment of the Clean Air Act Amendments of 1977. The extent of the 

areas designated as class I shall conform to any changes in the boundaries of such areas, 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 quality division or its successor agency. 

The definition of this term establishes what subgroup 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 recognition of methods used to minimize air emissions 

associated with the open burning activities. 

<187>
 M. “Environmentally Non-Essential Burningnon-essential burning” means the open burning of 

any unwanted material, assembly or collection of combustible materialsmaterial which could otherwise reasonably 

be altered, destroyed, reduced or removed to a suitable disposal 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. 

CN. “Environmentally Poor Burning Substancespoor 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 gelatinous hydrocarbons, tar, paints and solvents, chemically 

soakedtreated wood, plastic or rubber, office records, sensitive or classified wastes, hazardous or toxic substances, 

interiors of wrecked vehicle bodies or other materials which are difficult to burn without producing vastsignificant

amounts of noxious andor toxic fumes or dense smoke. 

The terms “hazardous or toxic substances” and “significant” have been added to to this 

previously existing definition for clarity. 

DO. “Health alert” means an air pollution alert, warning or emergency issued by the department. 

This definition assists with the public notification aspects of conditions of air pollution. 

 P. “Hot Torchtorch” means a wand or burner fueled by propane, butane, or compressed natural gas. 

This change is editorial in nature. 

EQ. “Hot Torch Burningtorch 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). 

FR. “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 Burningburning” means the causing of rapid oxidationcombustion of any substance 

which is not confined in a device having controllable fuel/air mixture capable of achieving nearly complete 

<188>
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 been removed and being replaced by the term 

“combustion” for clarity. 

G. “Research and Development Activities T. “PB-I” or “level I prescribed burn” means 

a smoke management burn project that emits less than one ton of PM10 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 PM10 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 relocated and heaped together either by hand or 

machinery. 

This definition clarifies with mechanisms maybe used for collection of materials for open 

burning purposes. 

 W. “Pile volume” means the gross volume of a pile, including the air space between solid 

constituents, as calculated from the overall dimensions and shape of the pile. 

This definition clarifies with term used for calculating the size and shape of a pile of materials to 

be burned. 

 X. “PM10 emissions” or “PM10” means finely divided solid or liquid material, with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers emitted 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 consistent 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 campgrounds, 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.

<189>
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 development 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 and untreated wood products, including tree stumps 

(whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, shavings, 

grass, grass clippings, 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 facilities. 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. 

<190>
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 county. 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 meridian (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 section should be approved.

20.11.21.9 SAVINGS CLAUSE: Any amendment to 20.11.21 NMAC, whichthat is filed, with the State 

Records Centerstate records center shall not affect actions pending for violation of a Citycity or Countycounty

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. This section should be approved. 

20.11.21.10 SEVERABILITY: If any section, paragraph, sentence, clause, or word of this Part20.11.21 

NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise 

invalid by any court, the decision shall not affect the validity of remaining provisions of this Part20.11.21 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 regulation remains intact, in case a section or portion 

of the regulation is challenged or deemed problematic by a court. This section should be 

approved.

<191>
20.11.21.11 DOCUMENTS: Documents incorporated and cited in this Part 20.11.21 NMAC may be viewed 

at the Albuquerque Environmental Health Departmentenvironmental 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 transparency of the regulation. The revision 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 

allowedcounty unless authorized under SectionsSection 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 propertyshall 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 states that every person planning to conduct open burning on either 

private or public property shall comply, in addition 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. Nonot relieve any person shall construe compliance with this Part as permission to violatefrom 

complying with all other applicable regulationsstatutes, ordinances or Codesand regulations. 

The revision to subsection B states that compliance with the requirements of Part 21 does not 

relieve a person from compliance with other applicable regulations, ordinances, and statutes. 

This subsection should strengthen enforcement aspects of the regulation.

DC. 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 restriction 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 states that conditionally allowed open burning must be suspended in 

the event of health alert of winter air pollution advisory. This 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 event. 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 for a waiver may challenge the 

<192>
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 should follow for requesting waiver from obtaining 

a burn permit. 

Per 20.11.21.12 NMAC, unless otherwise exempted, open burning by any person is prohibited in 

Bernalillo County. The intended goal of this regulation is to eliminate environmentally nonessential burning.

<193>
20.11.21.13 CONDITIONALLY ALLOWED OPEN BURNING WITH A PERMIT:

A. Open burning may be allowed for the purposes prescribeddescribed in Table I providingif, 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 inrequired 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

MultiplePermit Basis Purpose and Conditions

Multiple 

Event

Single 

Event

X X 

1. Timber and forest Management (single event management 

(permit required for burns of 1/4one-quarter acre through 10 acres in 

size, or more)up to 1000 cubic feet of pile volume per day).

 X 

2. Disease Controlcontrol of Dead Animalsdead animals and 

Plantsplants.

X X 

3. Research and development activities (single -event permit 

required for burns of 20002,000 gallons or more liquid fuel or 

50005,000 pounds or more solid fuel)).

XUp to 

2,000 lbs Greater 

than 

2,000 lbs

4. Disposal by burning of explosives by burning, to avoid 

hazards of transport or handling.

XUp to 

2,000 lbs XGreater 

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 40004,000

pounds fuel (single -event permit required for motors containing more 

than 80008,000 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 agricultural10. Agricultural burning (single event 

permit required for burns of 1/4one-quarter acre through 10 acres in 

<194>
MultiplePermit Basis Purpose and Conditions

Multiple 

Event

Single 

Event

size, or moreup 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 Table I above sets forth the terms and condition a person will need 

to follow to obtain a burn permit from the Albuquerque environmental health department and the 

Bernalillo County fire department, prior to conducting the burn. The permit 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. PersonsA person seeking Multiplea multiple or Single Event permits as indicatedsingle event 

permit for the purposes described in Table I for some act which may be conditionally allowed by this subsection 

shall supplydeliver the following information in writing to the department in letter form or by a department

approved electronic notification method at least 24 hoursfive 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, and 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 Multiplemultiple 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 Eventsingle event permit, the above 

process may be handled by telephone providingif the Departmentdepartment is in agreement and the information is 

subsequently suppliedpromptly delivered to the Departmentdepartment in writing. In case of such emergency, the 

24 hoursfive-business-day notice requirement may be waived at the discretion of the Departmentdepartment. 

Information supplied to the Departmentdepartment relative to planned burning shall be construed to be part of the 

conditions of the permit issued pursuant thereto. Any subsequentlater 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 notification 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 other 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. 

<195>
C. Upon receipt of a request for a Single Eventsingle event or Multiple Eventmultiple event open 

burning permit, the Departmentdepartment shall evaluate the application and make its best judgment as todecide

whether to grant the permit, deny the permit, or grant the permit with additional conditions that the 

Departmentdepartment 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 issuedrenewed by 

the Department upondepartment following a re-evaluation of all the information provided in saidthe renewal request. 

The Departmentdepartment shall consider the need to burn, anticipated atmospheric conditions, and other factors as 

the Department may deem appropriate to the requestor's applicationthe 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 Departmentdepartment 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 toregarding the Department'sdepartment'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 department to respond to the applicant at minimum 

24-hour ahead of the scheduled burn event taking place. 

E. In the eventIf an applicant for a permit under this subsection 20.11.21.13 NMAC is not satisfied 

with either the conditions or possible denial of histhe applicant’s request, the decision may be appealed to the Board. 

Such appeal 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 finalapplicant may request an administrative 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 merits of the department’s decision, before the board, if his/her 

application is denied, or the applicant deems the conditions of the permit unsatisfactory. 

F. Any multiple or single event permit issued under this section shall20.11.21.13 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 states that the department may suspend 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. AllFor permits issued under this sectionpursuant to 20.11.21.13 NMAC: Single-event permits

shall expire when specified or not later thanonly be valid for one month and multiple-event permits shall only be 

valid for one year from, unless stipulated otherwise in the date of issuancepermit. 

[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 the issued permit will have an expiration date. 

This revision will facilitate enforcement of the regulation. 

<196>
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 permittee 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 feet 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 Subsection 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 (depending on the jurisdictional 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 document the allowed event:

 (1) name of individual giving notice,

 (2) whom he represents,

 (3) kind or purpose of burning planned,

 (4) approximate beginning and ending time,

 (5) date and location of the burn, and

 (6) telephone number.

<197>
D.

Table II

CONDITIONALLY ALLOWED OPEN BURNING

Table II 

Time & Notice RequirementsType 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. Hot3. 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 and condition one will need to follow in order to 

obtain burn permit from the Albuquerque environmental health department and the Bernalillo 

County fire department. The permit also establishes 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 participants are involved (safety). 

20.11.21.15 SMOKE MANAGEMENT; PRESCRIBED BURNS; 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 volume 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. 

<198>
 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 than the minimum amount of auxiliary fuel necessary to start the fire shall be used.

 (2) Polyethylene sheeting may be burned with the vegetative materials, provided that:

 (a) the sheeting has been covering piled vegetative material for at least one month prior to 

burning;

 (b) the amount of sheeting burned is no more than the minimum necessary to cover the pile;

 (c) removal of the sheeting before burning is impractical; and

 (d) the burner is able to provide evidence, such as purchase records or package labeling, that 

establish the sheeting is polyethylene and not some other form of plastic.

Adherence with measures outlined in Subsections 15(A)(1)(a) and (b); and Subsections 

15(A)(2)(a) through (d) are emission reduction opportunities. These measures are in concert with 

the establishment of emission goals that consider “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 PM10

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 only under appropriate dispersion conditions. 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 before 

sunset; 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; 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 than 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 the 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 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 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 or 

denied, 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 shall 

evaluate the smoke dispersion by recording 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 

<199>
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 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 burn more 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 conducted within a one-mile radius of a population, the burner shall comply 

with the following additional requirements:

 (a) the burner shall conduct visual monitoring and document the results; the results shall 

evaluate the smoke dispersion by recording 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 six 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 radius 

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 PM10 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 consider each waiver request on a case-by-case basis.

<200>
 (5) The burner shall conduct visual monitoring and shall document the results. The results shall 

evaluate the smoke dispersion by recording 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 burn 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 department shall notify the burner 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 shall not burn more area or volume than the burner 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 means, as approved by the department to 

ensure that adequate notice is provided to the affected public.

 (12) 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.

 D. Wildland fire use: For wildland fire use exceeding 10 acres in size, the following requirements 

shall apply:

 (1) The burner shall register 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 recording 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 complete 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.

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 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 PM10 EMISSIONS FOR PRESCRIBED BURNS: To determine 

whether a prescribed burn has the potential to produce more than one ton of PM10 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 PM10 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 adapted from EPA’s Compilation of Air Pollutant 

Emission Factors (AP-42) to quantify PM10 emissions. This Subsection serves in concert with a 

component of the “Programs related to fire” concerning quantifying and inventory 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 PM10 emissions for a burn 

project since it directs the applicant 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” concerning quantifying and inventory 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 check with the department to assure that his/her 

emission quantification approach is consistent 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 universal resource locater (URL) internet 

address;

 (2) select the appropriate zone for the location of the burn project within the New Mexico map 

showing the various zones;

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 (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 the mixing height for “today” or “tomorrow” as appropriate;

 (5) calculate the mixing height at the burn location by adding the forecasted mixing height and the 

reference elevation obtained above. From the sum of these 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 forecasted 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 above 

Table, 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 treatment options are available: 

manual/handwork, mechanical, grazing, and chemical. These four categories are not mutually 

exclusive, and treatments frequently entail a combination of methods. Each category includes 

specific techniques appropriate to various 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 materials of roughly nine inches or less in diameter. Larger 

materials can be handled, but efficiency, production rate and safety decrease rapidly 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 disturbance, 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 the surface fuel load by redistributing 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 material is generally prescribed. 

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 (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 the piles can be situated to avoid fuel-loading problems. 

Drawbacks to piling include: slower decomposition than when scattered, labor intensive and dense stand conditions 

can result in a high number of piles.

Piling of materials disrupts horizontal continuity to a greater degree than does scattering 

technique. Piling is frequently used as a secondary 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 treatments 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 industries. For example, an excavator developed for heavy 

construction is often employed as the prime mover for a head designed to shred or chip largediameter fuels. 

(1) Pile - Cut material is piled, redistributing 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 material into smaller pieces that can then be 

redistributed on the ground surface or removed from the site. 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 categories 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 appropriate 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 masticated 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 feature, 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 materials 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 removal, 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 

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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 described in (i) through (iii) below. 

 (i) Bole removal - This is traditional harvesting. Trees are felled either by hand or 

mechanically and removed from the site for processing. Bole removal eliminates the vertical continuity of the fuel 

load, but increases surface fuels with the addition of leaf/needle and limb materials. Overall biomass is reduced.

Bole removal, because of its dependence on mechanical 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 staging area where they are processed. This method removes the vertical continuity 

of the fuel load, removes biomass, 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 either remains onsite or must be addressed through secondary 

treatments, an important advantage of this technique is its efficacy in treating material of very small diameter. 

While cut-to-length logging is more expensive than 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 growth 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 utility in forested habitats, it can be an effective technique 

in rural residential areas, in the wild land-urban interface 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 applications of grazing 

could be limited it is nevertheless a technique that enjoys little political resistance, and requires a 

minimum of financial investment.

<205>
20.11.21.19 EMISSIONS REDUCTION TECHNIQUES: Emissions reductions techniques (ERTs) are 

control strategies that help reduce smoke from prescribed fires. ERTs are used in conjunction with fire and do not 

replace fire. In addition to department-approved ERTs, other ERTs are included below.

Methods “A” through “I” listed in this section each provide for ways to curb emissions of fine 

particulate matter, VOC, NOx, elemental and organic carbon (minimizing the amount of 

emission output per unit or acre burned). A reduction 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 burning. There are six general categories of ERT: reduce the area 

burned, reduce fuel load, reduce fuel production, reduce fuel consumed, 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 burned 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 material 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.

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 (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 respectively. Herbicides can be applied 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 takes 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 extinction, 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-diameter 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 fire duration/aerial ignition - “Mass” ignition can occur through a 

combination of dry fine-fuels and rapid ignition, which can be achieved using 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 internal 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 significant 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 minimizing 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 causing 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 fire duration/aerial ignition - See above.

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 (5) Dry conditions - Burning under dry conditions increases 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 “curtain” 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 efficiency, thus reducing the amount of smoke 

related emissions. 

In adopting Section 19 ERTs the department typically evaluates the use of alternatives 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 development 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 Directordirector shall have 

the authority to suspend any open burning allowed under this Part20.11.21 NMAC in the event of currentongoing or 

prospectiveprojected violations of the federal, state, or local ambient air quality standards. 

[1/3/85, 20.11.21.1520 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 promotes adherence to NAAQS and other federal 

standards, thus assisting with the federal enforcement of the 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 the 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 division 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 the merits before the board as provided by 20.11.81 

NMAC, Adjudicatory Procedures - AQCB. Unless a timely petition for a hearing 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 

<208>
case an individual is adversely affected by an open burning activity. This section promotes 

transparency and allows the public to have an opportunity to participate 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 Theof 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, 7/919/73; 

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, filed 10/27/95 was renumbered, reformatted, amended and replaced by 20.11.21 

NMAC, Open Burning, effective 10/1/02. 

` 

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